AN ORDINANCE ESTABLISHING 7-TON AXLE WEIGHT LIMIT ON WILMA TOWNSHIP ROADS WITHOUT PERMIT

Ordinance # 001

The Board of Supervisors of the Town of Wilma, Pine County, Minnesota, ordains:

Section 1.00:  Purpose and Authority.

            1.  Purpose:  The primary objectives of this ordinance are to protect

the integrity and quality and safety of Wilma Township roads, and to provide safeguards to ensure the restoration and repair of damaged

roads without burdening our taxpayers with extraordinary costs.  The

            Board finds that the regulations, requirements, and restrictions, as set  forth in this ordinance, are in the best interests of the safety and

welfare of the Town’s citizens and the best use of our Road and

Bridge budget levies.     

            2.  Authority:  As a road authority, the Board has broad authority to

regulate what occurs within the town’s roads and Rights-of-Way. 

This authority is found in MN Stat. 164.02; 164.36; 164.155; 169.87.1; 169.86 and other chapters, as well as the rules associated with these chapters.

Section 1.01: Definitions

            For the purpose of this ordinance, the following terms shall have the meaning given them in this section.

            1. Board:  “Board” means the Town Board of Supervisors of Wilma

Township, Pine County, MN

            2.  Road Manager:  Road Manager is the duly appointed official

designated by the Board of Supervisors to act on behalf of the

Board in matters relating to maintenance and regulation of    Township roads.

3.  Weight:  “Weight” is the gross axle weight of any vehicle hauling  on Wilma Township roads.

            4. Permit and Inspections:  “Permit” is special permission in writing from the Wilma Township Road Manager or Board of Supervisors to exceed the 7 ton axle weight limit.  The permit is free, but will require

the hauler to deposit $500 into an escrow account to be held by

Wilma Township until all hauling activities have ceased and the road is determined by the Road Manager to be in the same shape and

quality as it was before hauling began, or is restored to this condition. 

Inspections of the road will be made by the Road Manager with the hauler’s representative present both before and after hauling activities are conducted. Should the hauler fail to provide a representative to participate in the joint inspections, the judgment and determination of the Wilma Township Road Manager as to conditions and damages and remedies shall prevail.

5.  Refund of Escrow: Following a joint inspection of the road by the Wilma Road Manager and a representative of the logging/hauling company after all activities have ceased, if no damage is found the $500 escrow will be refunded minus $25 Administrative Costs.  All damages will be repaired by Wilma Township at our regular road repair rates and billed against the escrow. If the logging/hauling company does not schedule a joint road inspection and request the refund of their escrow account within 24 months of completing their work, their escrow payment will be forfeited to the township. This applies retroactively to all former escrow accounts.

Section 1.02:  Weight Limits on Wilma Township Roads.

            1.  Weight Limits.  No vehicle exceeding 7 ton axle weight shall

be permitted on any Wilma Township road without first obtaining a special permit from the Board or Road Manager and paying a $500

deposit to the Town of Wilma, to be held in escrow  until the hauling

work is completed and the road is determined by the Road Manager to be in the same condition and quality as it was before hauling began.

            2.  Permits.  Any person or company receiving a permit from the

Board as provided in this ordinance must comply with all applicable

federal, state and local laws as well as all applicable Town ordinances

resolutions, regulations and policies, as well as all conditions, require-

ments, and limitations the Board expresses as part of the permit. 

Failure to comply with any of the conditions, requirements, or limitations

shall void the permit and could place the person in violation

of this ordinance.

3. Posting and notification:  Wilma Township will post signs at each entrance to the township on county roads reading:  “ROAD RESTRICTION.  PERMIT REQUIRED OVER 7 TON AXLE WEIGHT ON WILMA TOWNSHIP ROADS.  WILMA TOWNSHIP ORDINANCE,” and will request the county forestry department and the DNR to notify all loggers and haulers to whom they give permits.

Section 1.03:  Enforcement and Penalty.

            1.  Correction Order.  Upon discovery of violation of this ordinance,

the Board may issue a correction order to the violator ordering the

person or company to cease all hauling activities and correct the violation by a time certain.  If the violator fails to comply with the correction order by the time indicated in the order, the Board may impose the penalty set forth in this ordinance.

            2. Penalty.  Any person or company who violates this ordinance shall be guilty of a misdemeanor and subject to the penalties for such as

provided in State law, as per MN Stat. 366.01 subdv. 10 and 609.02,

subdv. 3, including a fine of not more than $700 and/or not more than

90 days in jail, plus any expenses incurred by the Board, including

reasonable attorney’s fees.

            3.  Severability.  If any section, subsection, sentence, clause, or

portion of this ordinance is for any reason held invalid or unconstitutional

by any court or administrative agency of competent

jurisdiction, such portions shall be deemed a separate, distinct, and

independent provision and such holding shall not affect the validity

of the remaining portions thereof.

            Adopted this 1^st day of August, 2012, by the Board of Supervisors of the Town of Wilma.  Amended  May 5, 2021.

                                                                                    BY THE BOARD

                                                                                    ______________________

                                                                                    Glen Williamson,

                                                                                    Town Chairman