City of Brook Park v. Short

Defendant-appellant Russell Short appeals his conviction for operating an overweight vehicle on local streets in violation of Brook Park Codified Ordinances Section 339.02.

I

The facts are not disputed. On February 25, 1988, Sergeant Andrew Miles of the Brook Park Police Department observed appellant driving a commercial tractor on Frye Road in Brook Park. A sign posted in the immediate vicinity indicated “THRU VEHICLES OVER 3% TONS EMPTY WEIGHT PROHIBITED.” As the officer’s experience led him to believe that appellant’s vehicle exceeded this weight restriction, Miles stopped appellant and…