Vegetative Matter Near County Roads
70.04 VEGETATIVE MATTER NEAR COUNTY ROADS.
The Highway Superintendent, the County Highway Department, its employees, agents and contractors are empowered with the authority to trim, cut or remove all trees, bushes, plants or other vegetative matter (“vegetative matter”) that is growing or present a distance of five feet from the pavement, berm, or travel portion of any county road, said distance measured perpendicular from the nearest edge of the travel portion of the county road.
(Ord. 2010-01, passed 1-19-2010)
Ordinance 2017-02 Updating Vegetative Matter Near County Roads
NOW, THEREFORE, BE IT ADOPTED AND ORDAINED by the Board of Commissioners of Boone County, State of Indiana, do hereby amend Boone County Code Section 70.04 as follows (italics denote added language; language stricken is denoted with lines through the text): The Highway Superintendent, the County Highway Department, its employees, agents and contractors are empowered with the authority to trim, cut or remove all trees, bushes, plants or other vegetative matter (“vegetative matter”) that is growing or present a distance of ten feet (10’) from the pavement, berm or travel portion of any county road, said distance measured perpendicular from the nearest edge of travel portion of the county road, or to the edge of the Apparent Right-of-Way, whichever is less.
Dust Control Ordinance
150.35 DUST CONTROL APPLICATION.
(A) Any person, firm, corporation or entity who desires to apply any form of dust control material on a county roadway must first obtain a dust control permit from the Superintendent of the Boone County Highway Department.
(B) Any and all dust control materials to be applied to the county roadways must meet or exceed those contained on the dust control permit and in fact must be those materials which are approved by the Indiana Department of Environmental Management.
(C) The quantity of the dust control materials to be applied shall adhere strictly the dust control permit issued by the Superintendent of the Boone County Highway Department. The area to be treated is the sole responsibility of the permittee to keep and maintain in a manner which is safe for those vehicles accessing county roads.
(D) The application of any dust control material may be made any time between May 1 to and including August 30. No dust control material can be applied after September 1 of each year without special permission from the Superintendent of the Boone County Highway Department.
(E) The Boone County Commissioners reserve the right to request the Boone County Highway Department to prepare the treated roadbed for winter after October 1 of each year.
(Ord. 89-1, passed 4-24-1989)
70.02 LOAD LIMITS ON COUNTY ROADS.
(A) Purpose. This section provides for the preservation of county roads and highways by limiting the gross weight of vehicles operated on Boone County Highways during certain periods of the calendar year. This section also provides exceptions on the award of a written permit by the County Highway Supervisor.
(B) General provisions.
(1) Any vehicle or combination of vehicles shall not have a total gross weight, with load, in excess of 24,000 pounds, except and unless a written permit has been obtained from the Boone County Highway Supervisor.
(2) This regulation applies to any public road or public highway of the county system of Boone County, except roads or highways in the state highway system of the state of Indiana and highways in the federal highway system.
(C) Time period. For and at all times during the period of 120 days commencing on and following the first day of January, 1973 and for all calendar years, thereafter.
(1) Exceptions to these regulations may be made by the County Highway Supervisor. Applications must be made in writing.
(2) Permittees shall operate and move said specially permitted weight load only upon the roads and highways of said county system on the route and as directed in writing by the County Highway Supervisor.
(Ord. passed 12-6-1965) Penalty, see § 70.99
70.05 OFF-ROAD VEHICLES.
(A) The operator's compliance with all laws and regulations enacted by the State of Indiana, the Indiana Bureau of Motor Vehicles, and the Indiana Department of Natural Resources relating to the use and operation of motor vehicles on public roads and the use and operation of off-road vehicles on public rights-of-way.
(B) The owner and operator's compliance with all laws relating to the use and operation of motor vehicles relating to insurance provisions as codified in Title IX of the Indiana Code. Additionally, all off-road vehicles must be equipped with headlights and taillights.
(C) This section does not apply to the Farm Heritage Trail or other pedestrian or bicycle trails owned and maintained by Boone County, and the operation of off-road vehicles on such property is specifically prohibited.
(D) The off-road vehicles must be annually registered with the Boone County Highway Department ("BCHD"). The fee for annual registration shall be $25. The registration sticker shall be visibly displayed on the vehicle. Registration shall occur by January 1 of each year. All registration fees received by the BCHD shall be deposited in a non-reverting fund for use by the BCHD for road maintenance.
(E) Penalties for violation of this section shall be $100 per occurrence.
(F) If any provision of this chapter is found to illegal or unconstitutional by a court of competent jurisdiction, that provision shall be excised and removed such that the non-offending provisions of this section survive in full force and effect.
(Ord. 2015-5, passed 11-2-2015)