(a) No person shall drive, operate or move upon or over any street, highway or highway structure any vehicle, object or contrivance in such manner so as to cause damage to said street, highway or highway structure. When the damage sustained to said street, highway or highway structure is the result of the operating, driving or moving of such vehicle, object or contrivance weighing in excess of the maximum weight authorized by Sections 42-4-501 to 42-4-512 and 42-4-1407, C.R.S., and Model Traffic Code, Sections 507 and 508, it shall be no defense to any action, either civil or criminal, brought against such person that the weight of the vehicle was authorized by special permit issued in accordance with Sections 42-4-501 to 42-4-512, C.R.S., Model Traffic Code Sections 507 and 508 or Section 8-139 of this Code.

(b) Every person violating the provisions of Subsection (a) above shall be liable for all damage which said street, highway or highway structure may sustain as a result thereof. Whenever the driver of such vehicle, object or contrivance is not the owner thereof, but is operating, driving or moving such 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 street, highway or highway structure may be enforced by a civil action by the authorities in control of such street, highway or highway structure. No satisfaction of such civil liability, however, shall be deemed to be a release or satisfaction of any criminal liability for violation of the provisions of Subsection (a) above. (Ord. 961 §1, 2008)