Frost Law Approved by Board of Commissioners

The Porter County Board of Commissioners approved a new Frost Law Ordinance on February 26, 2019. You can scroll down to read the new ordinance, or you can download the ordinance at the link below.

DOWNLOAD THE FROST LAW ORDINANCE (PDF).

Section 1: Frost Law

The Porter County Board of Commissioners is hereby adopting an Ordinance which limits the gross weight of vehicles operated on Porter County roadways during certain periods of the calendar year except on the award of written permit by the County Highway Superintendent when the Frost Law has been declared in effect;

1. That until and subject to further order of the Porter County Commissioners, during intermittent times during the ninety (90) day period commencing on January 1st through April 1st of each year, the Porter County Highway Superintendent shall have the authority to limit the gross weight of vehicles pursuant to this ordinance;
2. When the Porter County Highway Superintendent limits the gross weight of non-exempt vehicles during the ninety (90) day period, the maximum vehicle weight shall be limited as follows:
   • Single Axle 10 Tons
   • Tandem Axle 15 Tons
   • Tri-Axel and up 20 Tons
3. Exempt vehicles shall include;
   • Empty trucks, with standard equipment and no additional fuel carrying tanks and/or auxiliary tanks;
   • School Buses;
   • Garbage Trucks;
   • Fire, Emergency and Ambulance Vehicles;
   • Law Enforcement Vehicles;
   • Vehicles or combination of vehicles that transport farm commodities from the place of production to the first point of delivery where the commodities are weighed and title to the commodities is transferred. Commodities include grain, logs, wood chips, bark, sawdust and bulk milk;
   • Public Utility vehicles
   • Fuel Delivery vehicles, including heating oil, diesel and gasoline.
4. Upon the sound discretion of the Porter County Highway Department Superintendent, a special permit may be obtained during these intermittent weight limitations, to exceed the weights listed above, at a cost of One Hundred Dollars ($100.00) per permit. Each permit shall only be valid for the completion of one overweight load. The permit shall be issued in triplicate, on copy to be retained in the Highway Department, one copy in the Sheriff's Department, and one copy to be carried in the vehicle containing the overload.
5. The County Highway Superintendent, when issuing a permit, shall include a preferred route map and any other reasonable conditions designed to protect the road infrastructure.
6. The permit application may be obtained at:

Porter County Highway Department
1955 South State Road 2
Valparaiso, IN 46383
Phone: (219) 465-3573
Fax: (219) 465-3569

OR

DOWNLOAD THE PERMIT APPLICATION (PDF)

Section 2: Violations 

Violation of the above posted weight limits of vehicles utilizing public rights of way in unincorporated areas of Porter County shall be an infraction and upon conviction shall be punishable as follows:

• For each violation of a posted vehicular weight limit and/or the violation of the requirements and limitations of the special permit, court costs and a fine as set forth in the following schedule:
  • Over weight without a special permit, first offense or no offense of this ordinance within 24 months: Five Hundred Dollars ($500.00).
  • Over weight without a special permit, second offense of this ordinance within 24 months: Twenty Five Hundred Dollars ($2,500.00).
  • Over weight without a special permit, third offense of this ordinance within 24 months: Five Thousand Dollars ($5,000.00).

Section 3: Enforcement

1. Enforcement of this ordinance shall be by the Porter County Sheriff's Department.
2. It shall be the duty of the Porter County Prosecuting Attorney, to whom the Porter County Sheriff's Department shall report any violations of this ordinance, to cause proceedings to be commenced against the person violating the provisions of this ordinance and to prosecute to the final termination.

Section 4: Disbursement of Fines

1. The revenues generated by the fines from enforcement of this ordinance shall be deposited into the County Highway Department Overweight Vehicle Fund.
2. The expenditures shall be split evenly between the Porter County Sheriff's Department and the Porter County Highway Department.
3. The revenues collected and deposited shall be utilized for traffic safety as well as the improvement and maintenance of county roads and shall not be utilized for any other purpose.