Jonesboro, AR – Jonesboro Right Now – An ordinance to establish a weight limit on a county road was read before the full Craighead County Quorum Court Monday evening.
The ordinance aims to establish weight limits on County Road 780, limiting vehicle weights to 15 tons. Signage informing motorists of the weight limit would be installed. Those found guilty of violating the ordinance would face a misdemeanor charge and be fined no less than $100 and $100 in court costs. They would also face civil penalties.
Any money collected from this ordinance as the result of fines or payment of damages would be appropriated to the county’s road fund.
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The ordinance came as several members of the public had spoken out against a proposed gravel mining pit project near Highway 141 at several previous quorum court meetings. The ordinance had been tabled at a previous Transportation Committee meeting for further discussion and additional legal review, before the committee voted later send it before the full quorum court.
The ordinance had its first reading, and then Justice Steve Cline made a motion to have a second reading by title only. That passed 9-4. Another motion was made to read the ordinance a third and final time, but that failed 8-5.
Justice of the Peace Darrel Cook said during the discussion of the ordinance that the weight limit could create unintended consequences for other heavy vehicles, such as RVs or school buses, while Cline contended that there were exceptions in state law for such vehicles. Justice of the Peace Garrett Barnes noted that, for legal questions such as this, as well as future matters, the county’s legal counsel should be present at meetings.
Several members of the public spoke in favor of the ordinance’s proposed weight limit, citing concerns about pedestrian safety, wear and tear on the road, and more.
During the meeting, several residents said they’d received emails stating the mining permit had been issued.
JRN reached out to the Arkansas Department of Energy and Environment’s Mining Program in the Division of Environmental Quality, which confirmed that an open-cut mining pit permit had been issued on Aug. 20 to Shannon Kee Construction, LLC, which aims to install the pit.
“Common sense says to me that these kind of roads weren’t meant for heavy trucks like this,” said George Williams, who lives on County Road 780. “From what I understood from the ordinance was transporters, and that’s what these trucks would be transporting from the open pit mine down these county roads.”
Williams noted that the area was residential and was concerned about heavy trucks and possible traffic accidents. He said one could “just imagine the types of things that could potentially happen.”
Martin Lilly, who represents Shannon Kee Construction, LLC, called the ordinance “arbitrary.” He’d spoken against it during previous quorum court meetings. During Monday’s meeting, Lilly noted the gravel pit had not actually opened yet, adding that there was “no reason” to put a weight limit on the road.
“The ordinance specifically says that the paved road is ever increasing receiving heavy loads due to an adjacent gravel pit. There is no gravel pit. Your ordinance in and of itself is false on its face,” he said. “There is no damage to the road. There have been no gravel trucks there.”
Another County Road 780 resident, Katie Prescott, spoke in favor of the ordinance. She said heavy trucks already traveled down the road for another nearby pit, and that it fell upon the quorum court to pass ordinances such as the weight limit as a preemptive public safety measure.
“It is not incumbent upon you to wait until someone gets hurt, or property is damaged, to take action. In fact, it is your duty to do so now; when you can reasonably foresee harm, you should take action,” Prescott said. “That’s why we have OSHA guidelines. That’s why you have speed limits. That’s why we have labor laws. That’s why we have fair wage and hour laws. All of those are aimed at businesses, not to curtail it, but to maintain the safety of our citizens. And I ask you to do so here.”
The ordinance will have its third reading at the next Quorum Court meeting, scheduled for Sept. 14 at 5:30 p.m.
Update: This article was updated to include confirmation from the Arkansas Department of Energy and Environment regarding the issuance of the open-cut mining permit for Shannon Kee Construction, LLC.
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