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Farm Hill Road Restriction for Commercial Trucks

Resolution 2024-09 to Restrict Routes of Commercial Trucks on Farm Hill Road was passed on Monday, June 10, 2024.

It reads as follows:


POINSETT COUNTY QUORUM COURT
RESOLUTION NO. 2024-09

A RESOLUTION TO RESTRICT ROUTES OF COMMERCIAL TRUCKS ON FARM HILL ROAD

WHEREAS, the County of Poinsett has reviewed needs of roads and their maintenance within Poinsett County, State of Arkansas; and
WHEREAS, Poinsett County has a significant investment in the county road system and it is incumbent upon the county, to protect that investment against waste, deterioration, and destruction; and
WHEREAS, a section of Farm Hill Road, a Poinsett County road, has incurred damage and disturbance due to recent unsafe overweight traffic; and
WHEREAS, Poinsett County has reviewed pertinent sections of Farm Hill Road and determined the sections that would be applicable to regulations under ACA 27-35-103; and
WHEREAS, Poinsett County has determined that imposing a weight limit restriction is the least restrictive means of providing safety and protecting the taxpayer's investment in the county road system; and
WHEREAS, Poinsett County has authority to restrict routes of commercial trucks by imposing limitations as to the weight thereof on designated county roads pursuant to ACA 27-35-103 and to enforce all laws associated with the unlawful operations of motor vehicles as they relate to the Poinsett County Road system pursuant to ACA 27-35-101; and
WHEREAS, the County Judge shall impose a restriction on 1.5 miles of Farm Hill Road for travel with a weight limit of fifteen (15) tons and shall post such by appropriate signage in the designated area beginning at State Highway 163 South and extending for a distance of 1.5 miles West.

NOW THEREFORE BE IT RESOLVED BY THE POINSETT COUNTY QUORUM COURT THAT:
SECTION 1: It is determined by the Quorum Court of Poinsett County, in accordance with ACA 27-35-103, the County Judge shall erect signage on Farm Hill Road beginning at the intersection of State Highway 163 South and traveling West for 1.5 miles and have signs designated NO THRU TRUCKS with a weight limit in excess of fifteen (15) tons.
SECTION 2. Penalties: Any person, business, manufacturer, or transporter in the private sector who pleads guilty or nolo contendere to, or is found guilty of, violating any provision(s) of this Resolution shall be guilty of a misdemeanor and be fined not less than $100.00 and $100.00 court costs for the first violation per day of violation. Each subsequent conviction or plea shall be increased by $100.00 for each offense.
SECTION 3. Civil Liability for Damaging Roads. Any person, business, or transporter driving any vehicle upon any county road, shall be civilly liable to the County for any damage sustained as a result of any careless, negligent, or illegal operation, including excessive weight, as set forth in this Resolution. The cost criteria shall be based upon the Arkansas Highway Department cost criteria.
SECTION 4. Exception for County Vehicles on Official County Business. Poinsett County vehicles and their operators shall be expressly exempted from this Resolution while they are on official county business.
SECTION 5. Severability. If any provision of this Resolution is held invalid, such invalidity shall not affect the remaining provisions of the Resolution which remains effective absent the invalid provision, and to this end, the provisions of this Resolution are declared to be severable.

PASSED AND RESOLVED this 10th day of June, 2024.

You can download a copy of the signed Resolution here:  Resolution 2024-09