1394.e
r
RESOLUTION N0. ./ 9y
A RESOLUTION TO PROHIBIT HEAVY TRUCKS ON CERTAIN DESIGNATED
STREETS IN THE CITY OF WEST MEMPHIS.
WHEREAS, the City of West Memphis has the authority pursuant
~ r to A.C.A. Section 27-49-106(b)(7) and A.C.A. Sections 27-35-101 -
~r 27-35-111 and Ordinance 998 of the City of West Memphis to
restrict the use of highways and streets and to prohibit heavy
trucks on certain designated streets; and
WHEREAS, the West Memphis City Council finds that Highland
Street from its intersection with Spears Street to its
intersection with South Roselawn snoula oe aesigna~eu ~5
restricted from use by heavy trucks;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WEST MEMPHIS, ARKANSAS, THAT:
Section 1. Highland Street from its intersection with Spears
Street to its intersection with South Roselawn is hereby
M restricted from use by heavy trucks in accordance with Ordinance
998; and
Section 2. The Street Department is hereby directed to cause
the appropriate signs to be posted on or at the entrances to
Highland Street to give notice of the above restriction.
ADOPTED this ~ day of ~c~~ V „, 19 9~
ATTES
DAN CRAFT ~y
SPONSORED BY:
~;~-
5
GENERAL PROVISIONS
27-49-106
27 49-105. Provisions to be uniform.
The provisions of this act shall be applicable and uniform .throughout
this state and in all political subdivisions and municipalities therein.
History. Acts 1937, No. 300, § 25; Meaning of "this act". See note to
Pope's Dig., § 6683; A.S.A. 1947, § 27-49-101.
§ 75-425.
CASE NOTES
Municipal Regulation.
The provisions of this section do not
prevent a city from regulating use of its
streets by trucks. House v. City of
Texarkana, 225 Ark. 162, 279 S.W.2d 831
(1955).
27-49-106. Powers of local authorities.
(a)(1) No local authority shall enact or enforce any rule or regula-
tion in conflict with the provisions of this act unless expressly autho-
rized in this act.
(2) Local authorities may, however, adopt additional traffic regula-
tions which are not in conflict with the provisions of this act.
(b) The provisions of this act shall not be deemed to prevent local
authorities with respect to streets and highways under their jurisdic-
tion and within the reasonable exercise of the police power from:
(1) Regulating the standing or parking of vehicles;
(2) Regulating traffic by means of police officers or traffic control
signals;
(3) Regulating or prohibiting processions or assemblages on the
highways;
(4) Designating particular highways as one-way highways and re-
quiring that all vehicles thereon be moved in one (1) specific direction;
(5) Regulating the speed of vehicles in public parks;
(6) Designating any highway as a through highway and requiring
that all vehicles stop before entering or crossing it, or designating any
intersection as a stop intersection and requiring all vehicles to stop at
one (1) or more entrances to such intersections;
(7) Restricting the use of highways as authorized in §§ 27-35-101-
27-35-111;
(8) Regulating or prohibiting the traffic from and use of mopeds,
three-wheeled vehicles, and other similar vehicles.
(c) No ordinance or regulation enacted under subdivision (b)(4), (5),
(6), or (7) of this section shall be effective until signs giving notice of
local traffic regulations are posted upon or at the entrances to the
highways or part affected as may be most appropriate.
History. Acts 1937, No. 300, §§ 25, 26;
Pope's Dig., §§ 6683, 6684; Acts 1983, No.
405, § 1; A.S.A. 1947, §§ 75-425, 75-426.
Publisher's Notes. Acts 1983, No. 405,
§ 2, provided that the purpose of the act
was to grant to all cities and towns the
authority to regulate or prohibit the traf-
fic and use on the streets and highways
368
.~
369 SIZE AND LOAD REGULATIONS 27-35-103
CASE NOTES
Implements of Husbandry, vided for implements of husbandry. Stu-
A well-drilling rig would not qualify for art v. State, 263 Ark. 54, 563 S.W.2d 398
the exemption to weight limitations pro- (1978).
27-35-103. Scope and effect of regulations.
(a) The maximum size and weight of vehicles specified in this sub-
chapter shall be lawful throughout this state, and local authorities
shall have no power or authority to alter these limitations, except as
provided in this subchapter.
(b) Local authorities, with respect to highways under their jurisdic-
tion, by ordinance or resolution, may prohibit the operation of vehicles
upon any highway or impose restrictions as to the weight of vehicles to
be operated upon any highway, for a total period of not to exceed ninety
(90) days in any one (1) calendar year, whenever the highway, by
reason of deterioration, rain, snow, or other climatic conditions will be
seriously damaged or destroyed unless the use of vehicles thereon is
prohibited or the permissible weights thereof reduced.
(c)(1) The local authority enacting any such ordinance or resolution
shall erect, or cause to be erected and maintained, signs designating
the provisions of the ordinance or resolution at each end of that portion
of any highway affected thereby.
(2) The ordinance or resolution shall not be effective unless and
until signs are erected and maintained.
(d)(1) Local authorities, with respect to highways under their juris-
diction, by ordinance or resolution, may also prohibit the operation of
trucks or other commercial vehicles or may impose limitations as to
the weight thereof on designated highways.
(2) The prohibitions and limitations shall be designated by appropri-
ate signs placed on such highways.
(e)(1) The State Highway Commission shall likewise have authority
as granted in this section to local authorities to determine by resolu-
tion and to impose restrictions as to the weight of vehicles operated
upon any highways under the jurisdiction of the commission.
(2) The restrictions shall be effective when signs giving notice
thereof are erected upon the highway or portion of any highway af-
fected by such resolution.
History. Acts 1937, No. 300, § 139; Cross References. Penalty for viola-
Pope's Dig., § 6799; Acts 1959, No. 307, tion of 1959 amendatory act, § 27-50-305.
§ 53; A.S.A. 1947, § 75-801.
CASE NOTES
ANALYSIS Authority of Highway Engineers.
Position occupied by highway engineer
Authority of highway engineers. carries with it implied authority to place
Municipal regulation. warning signs limiting loads crossing
~~i, ,