City of Overland Park v. McLaughlin

Meyer, J.;

After a trial to the court, Everett McLaughlin (defendant) was convicted of driving a truck in excess of the allowed rear axle weight and in excess of the allowed extreme axle weight, both violations of Overland Park Municipal Ordinance TC-1190 § 12.04.196.1. Defendant appeals, challenging the constitutionality of the ordinance and charging the ordinance as violative of K.S.A. 12-3009 et seq.

On May 20,1983, at approximately noon, two City of Overland Park police officers had a cement truck stopped to investigate the weight of its load. While talking to the driver of the stopped…