Wednesday, February 16, 2000
Lincoln Heights considers new truck-ban ordinance
BY SARA J. BENNETT
The Cincinnati Enquirer
LINCOLN HEIGHTS — Big trucks are rolling again on Shepherd Lane, a 0.4-mile stretch of road that has become a source of friction between the village of Lincoln Heights and its neighboring village, Lockland.
A judge on Friday ruled that an ordinance banning trucks on Shepherd was unconstitutional because it excluded trucks from other areas while allowing trucks going to and from Lincoln Heights.
Shepherd Lane residents say trucks are a noisy and dangerous nuisance on the residential street. Lockland says Shepherd provides a link to Interstate 75 that is vital to Lockland's economic development.
Friday's decision got trucks back onto Shepherd. But Lincoln Heights is fighting back with a new ordinance. It bans a variety of trucks and commercial trailers from traveling anywhere on village streets.
Lincoln Heights' Law Committee is expected to consider the new ordinance at a special meeting at 6 p.m. Friday. Council is expected to vote on the measure afterward.
Lockland Village Administrator Evonne Kovach would not say whether she thought the new ordinance would spark further lawsuits. But she said, “It's an extremely important issue to us.”
Ms. Kovach said she was pleased with Friday's decision by Judge Patrick Dinkelacker of Hamilton County Common Pleas Court.
With access to I-75 restricted, companies had trouble selling property in Lockland, she said. Some threatened to move. And Lockland's streets are too narrow to serve as alternate routes.
“Economically, (the truck ban) has created quite a hardship for us,” Ms. Kovach said. “We have an industrial park on that side of town, so we're talking right off an interstate ramp — to deny access is very restrictive.”
The ordinance under consideration is similar to a previous Lincoln Heights law upheld by the state Supreme Court in 1971, said Will Hicks, an attorney representing the village.
It would make it illegal to operate “any truck, commercial tractor, trailer or semi- trailer on any of the public streets within the boundaries of the village” with the exception of U.S. mail trucks.
Trucks would be allowed over I-75, on Shepherd Lane east of Mangham Drive, on Mangham Drive and on Newman Way.
The ordinance spells out many guidelines for the kind of trucks that would be banned, detailing everything from weight limits to turning radiuses. But banning so many types of trucks within the village could hinder Lincoln Heights' own economic development, some say.
Informed of the new ordi nance, Ms. Kovach said, “My initial reaction is, have they considered their own economic welfare considering something like that?”
Lincoln Heights' Manager Herman Dantzler said he thought the ordinance would limit the kind of development the community could attract.
Council members received copies of the new ordinance Monday and are spending this week studying it.
Mayor Shirley Salter said the new measure wouldn't hurt Lincoln Heights now because “we don't have anybody delivering in those types of trucks.”
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