Ordinance to Totally Opt Out of IOH Length & Weight Limits

Town of Brazeau, Oconto County

ORDINANCE TO ADOPT A TOTAL OPT OUT OF ANY LENGTH AND WEIGHT LIMITS FOR ALL IOHs, ALL AG CMVs AND FOR ANY TRAILERING OF ONE OF EITHER OF THESE TWO TYPES OF VEHICLES FROM FARM TO FIELD, FROM FIELD TO FIELD, OR FROM FARM TO FARM, PURSUANT TO § 348.15 (9)(f)2.

 

Ordinance# BZ 10a-2015

     Whereas, Wis. Stat. § 348.27(19)(b)5.a. provides that a municipality or county may authorize implements of husbandry as defined in §340.01(24), agricultural commercial vehicles as defined in § 340.01 (1o) and a 2-vehicle combination transporting by trailer or semitrailer either one of these two types of vehicles from farm to field, from field to field, or from farm to farm to exceed any statutory length and weight limits imposed by Wis. Stats. Chapter 348 on all highways under its jurisdiction.

Now, therefore, BE IT HEREBY ORDAINED by the Town Board of Town of Brazeau, of Oconto County, that pursuant to § 348.27(19)(b)5.a. implements of husbandry as defined in § 340.01(24), agricultural commercial vehicles as defined in § 340.01(1o). and a 2-vehicle combination transporting by trailer or semitrailer either one of these two types of vehicles from farm to field, from field to field, or from farm to farm may exceed any length and weight limits imposed by Chapter 348 on all highways under the town’s jurisdiction. Therefore, operators of these vehicles do not need to seek Chapter 348 permits from the town and the town will not issue any as none are needed.

Further, BE IT HEREBY ORDAINED that implements of husbandry as defined in § 340.01(24), agricultural commercial vehicles as defined in § 340.01(1o), and a 2-vehicle combination transporting by trailer or semitrailer either one of these two types of vehicles from farm to field, from field to field, or from farm to farm are still bound to and shall abide by any applicable locally-imposed weight limit postings on town highways and any postings on town bridges or culverts adopted pursuant to Chapter 349. Therefore, operators of these vehicles do need to seek permits from the town if there are locally-imposed weight limit postings adopted pursuant to Chapter 349, except that pursuant to § 348.16(2) an implement of husbandry or agricultural commercial motor vehicle being operated or transported, or a 2-vehicle combination transporting an implement of husbandry or agricultural commercial motor vehicle, as described in §§ 348.15(9)(c), (cm) (e), or (f)1. or 1m. (empty potato harvesters, implement dealer transit, Category B implements of husbandry and Type 1 agricultural commercial motor vehicles whether trailered or untrailered) are exempt from a Class B highway limitation adopted pursuant to § 349.15.

Further, BE IT HEREBY ORDAINED that this ordinance shall be in effect beginning with the calendar year of 2016.

Further, BE IT HEREBY ORDAINED that a copy of this ordinance shall be provided to the Wisconsin Department of Transportation to be posted on its Internet site.

All existing town ordinances, parts of ordinances, and amendments thereto in conflict with any of the provisions of this ordinance (BZ 10a-2015) are hereby repealed.

Adopted by the Town Board this 20th day of October, 2015

Ryan Wendt, Town Chairman

Attest: Jean Grosse, Clerk-Treasurer