Judge Denies Morgantown Heavy Truck Traffic-Limiting Ordinance
A municipal ordinance to limit heavy traffic through the downtown district of Morgantown has been declared “unenforceable” in Kanawha Circuit Court.
A citizen group Safe Streets Morgantown drew up the proposed ordinance and it was passed by Morgantown’s City Council. It was supposed to go into effect December 1st , limiting trucks weighing 13 tons or more, with several exceptions.
But a lawsuit delayed implementation. A couple of trucking companies that frequently travel through downtown Morgantown on route 7 which cuts through the business district, challenged the ordinance in court.
In the hearing, the city of Morgantown argued that state code allows the city to regulate traffic on certain types of connecting roads when safety is an issue, but Judge Joanne Tabit overturned the ordinance ruling that the ordinance wasn’t enforceable.
Safe Streets Morgantown released a statement expressing disappointment and encouraging the city council to consider an appeal.