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The provisions of 10.01.203 shall not apply to the operation of “rubber tired earth scrapers” that are generally of the type and specifications of the Caterpillar Manufacturing Company rubber tired earth scrapers models 613-687; provided, that the following conditions and standards of operation are complied with:

(a) In advance of the operation of the “rubber tired earth scraper” on the public roadways, notice shall be given to the Police Dispatcher of the Olathe Police Department of the date, time, route, model of vehicle and owner of vehicle.

(b) No rubber tired earth scraper shall be operated on the public roadways during the hours 7 a.m. to 9 a.m., and 4 p.m. to 6:30 p.m.

(c) No rubber tired earth scraper shall be operated on the public roadways while carrying any portion of a load.

(d) All rubber tired earth scrapers operated on the public roadways shall be preceded by a lead vehicle and followed by a trail vehicle bearing operational and operating yellow flashing and rotating warning lights. In addition, these vehicles shall display warning signs indicating the presence of a slow moving vehicle.

(e) All rubber tired earth scrapers shall be operated exclusively on designated truck routes unless written permission for an alternate route is granted by the Chief of Police or his or her designated representative.

(f) All owners and operators of rubber tired earth scrapers on the public roadways shall maintain liability insurance on said vehicles and their operators in an amount required by law for the lawful operation of motor vehicles within the State of Kansas.

(g) No rubber tired earth scraper shall be operated on the public roadways at a speed greater than reasonable considering road conditions, traffic flow, and pedestrian activity; provided that at no time shall any rubber tired earth scraper be operated in excess of 25 miles per hour notwithstanding any posted speed limit in excess of 25 miles per hour. The provisions of this paragraph shall not limit in any way the application of the remaining provisions of Chapter 10.01 to the operation of rubber tired earth scrapers. In addition, nothing in this paragraph shall be construed as exempting rubber tired earth scrapers from the weight limitations on any bridge within the City.

Any person, association, firm, partnership, corporation or other entity operating a rubber tired earth scraper on this public roadway who violates any of the conditions and standards of this section shall be subject to the limitations of height, weight, length and width for vehicles set forth in 10.01.195 and shall be subject to any penalties provided for violation of those provisions. (Ord. 01-89 § 2, 2001.)