§ 62-4. Transporting loose materials.

(a)

No person, or his agents or employees, shall load or transport, cause to be loaded or transported or aid or abet the loading or transporting, in a motor vehicle, commercial motor vehicle, truck-tractor, trailer or semi-trailer, of any loose material on or over the public roads, streets or highways of this city in violation of any requirement of this section.

(b)

As used in this section, "loose material" means dirt, sand, gravel, wood, wood chips, stone, brick, cement, concrete or other material that is capable of blowing or spilling from a vehicle as a result of movement or exposure to air, wind currents or weather, but shall not include agricultural products in their natural state.

(c)

The bed carrying the load must be completely enclosed on both sides by sideboards or side panels, on the front by a board or panel or by the cab of the vehicle, and on the rear by tailgate or board or panel, all of which must be so constructed as to prevent the escape of any part of the load because of blowing or spilling.

(d)

The top of the load making contact with any sideboard or side panel or front or rear part of the enclosure must not be within six inches of the top of the part of the enclosure contacted, and the highest point of the load must not be above any point on a horizontal plane equal in height to the top of the side, front or rear part of the enclosure that is the least in height, or in the alternative the load may be covered with a canvas or similar type covering firmly secured thereby creating a physical horizontal plane; and at no time shall the load exceed the six inches as stated in this section during transportation of load without being covered.

(e)

The excess spillage of loose material on the non-load-carrying parts of the vehicle occasioned by or from the act of loading shall be removed before the vehicle is operated over a public road, street or highway of this city.

(f)

The tailgate must be securely closed to prevent spillage during transportation, whether loaded or empty.

(g)

The bed shall not have any holes, cracks or openings through which loose material may escape.

(h)

The residue of the transported loose material shall be removed from the non-load-carrying parts of the vehicle upon completion of unloading before the vehicle is operated over a public road, street or highway of this city.

(i)

Subsection (d) of this section does not apply to any load-carrying compartment that completely encloses the load or to the transporting of any load that is otherwise suitably covered or secured by other means which prevents the escape of loose material.

(j)

Nothing in this section applies to any vehicle or construction or mining equipment which is:

(1)

Moving between construction barricades on a public works project; or

(2)

Merely crossing a public road, street or highway.

(Code 1982, § 18-5; Ord. No. 68, § 3, 5-28-1915; Ord. No. 944, § 13, 2-24-1976)