Sec. 54-728. - Liability for damage.
No person shall drive, operate, or move upon or over any highway, street, highway or structure any vehicle, object or contrivance in such a manner so as to cause damage to said highway, street or structure. When the damage sustained to said highway, street or structure is the result of operating, driving or moving of such vehicle, object or contrivance in excess of the maximum weight or size authorized in sections 54-692, 54-694, 54-695, 54-696, 54-697, 54-699, and 54-700, it shall be no defense to any action, either civil or criminal, brought against such person that the weight or size of the vehicle was authorized by permit issued in accordance with sections 54-702, 54-724, and 54-725.
Every person violating this section shall be liable for all damage that said street; highway or structure may sustain as a result thereof. Whenever the driver of such a vehicle, object, or contrivance is not the owner thereof but is operating, driving, or moving such a vehicle, object, or contrivance with the express or implied consent of the owner thereof, then said owner or driver shall be jointly and severally liable for any such damage. The liability for damage sustained by any such highway, street or structure may be enforced by a civil action by the authorities in control of such highway, street or structure. No satisfaction of any civil liability, however, shall be deemed to be a release or satisfaction of any criminal liability for violation of the provisions of this section.
(Code 1950, § 525.1-6(8); Ord. No. 477-00, § 1, 6-19-00)