G41-17 Ordinance No. G41-17
AN ORDINANCE
CREATING A NEW CHAPTER 11.54 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED "OVERWEIGHT AND OVERSIZED VEHICLES''
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
That Title 11 of the Elgin Municipal Code, 1976, as amended, entitled "Vehicles and
Traffic;" be and is hereby amended by adding a new Chapter 11.54, entitled '`Overweight and
Oversized Vehicles," to read as follows:
"Chapter 11.54
OVERWEIGHT AND OVERSIZED VEHICLES
11.54.010: REGULATIONS ADOPTED:
11.54.020: DEFINITIONS:
11.54.030: VIOLATIONS:
11.54.040: PERMITS FOR EXCESS SIZE AND WEIGHT:
11.54.050: EXCEPTIONS:
11.54.060: PENALTIES:
"11.54.010 REGULATIONS ADOPTED:
The regulations of 625 Illinois Compiled Statutes 5/15-101 through 5/15-112,
inclusive, as amended and 625 Illinois Compiled Statutes 5/15-114, as amended,
are adopted as the regulations for overweight and oversized vehicles within the City
of Elgin.
11.54.020: DEFINITIONS:
Unless the context otherwise requires, all words and phrases used herein shall have
the same meaning as the same or similar words and phrases defined and used in the
Illinois Vehicle Code, 625 Illinois Compiled Statutes 511-100 et seq., as amended.
11.54.030: VIOLATIONS:
It shall be unlawful for any person to be in control of, drive,park,or move on, upon,
or across, or for the owner to cause or knowingly permit to be parked, driven, or
moved upon or across, any street or highway within the jurisdiction of the City of
Elgin, any vehicle or combination of vehicles with a weight, width, height, or
length, including load, in excess of the limits set forth in the Illinois Vehicle Code
unless a special permit has been issued in accordance with this chapter.
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11.54.040: PERMITS FOR EXCESS SIZE AND WEIGHT:
A. As provided by the authority set forth in 625 ILCS 5/15-301(a), the Chief of
Police or his or her designee may, in their discretion, issue a special permit
authorizing an owner or lessee to operate on any highway under the
jurisdiction of and maintained by the City of Elgin, a vehicle or combination
of vehicles with a weight (625 ILCS 5/15-111, width (625 ILCS 5/15-102),
height (625 ILCS 5/15-103), or length (625 ILCS 5/15-107) in excess of the
maximums specified in said provisions of the Illinois Vehicle Code.
B. Any vehicle owner or lessee seeking a special permit under this section shall
submit an application to move such vehicle(s) on a form and in such a manner
as prescribed by the Chief of Police. The application shall include, at a
minimum, the following:
1. The type of the vehicle;
2. The weight and dimensions of the vehicle;
3. A description of vehicle and the load, content, or object to be moved;
4. Whether the permit application is for a single trip permit, a round trip
permit, a quarterly permit, or an annual permit;
5. The requested route of the vehicle or combination of vehicles through the
city, including the origin and the termination point of the route within the
city and the points of origin and destination for the trip:
6. The name of the owner or carrier, if different then the applicant:
7. Whether the applicant is an authorized carrier under the Illinois Motor
Carrier Property Law and, if so, the registration and certificate number
issued by the Illinois Commerce Commission;
8. The Illinois Department of Transportation's state permit number;
9. The vehicle's and/or trailer's registration number, state, and year;
Upon application for a permit, an applicant shall further provide evidence of
and maintain a valid comprehensive general liability insurance policy on an
occurrence basis from an insurance company licensed with the State of
Illinois or other insurer approved by the city with at least$1,000,000.00 single
limit coverage on all risks. The city shall be named as a co-insured and such
policy or policies shall provide that the coverage afforded thereunder shall
not be canceled, terminated or materially changed until at least thirty (30)
days written notice has been given to the city. This insurance shall apply as
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primary insurance with respect to any other insurance or self-insurance
programs afforded to the city. There shall be no endorsement or modification
of this insurance to make it excess over other available insurance;
alternatively, if the insurance states that it is excess or prorated, it shall be
endorsed to be primary with respect to the city.
For the purposes of this chapter, a single trip means one move from the point
of origin to the point of destination over a prescribed route. A round trip
means two trips over the same route in opposite directions. Any additional
stops between the point of origin or the point of destination in the course of
either a single trip or a round trip are expressly prohibited unless set forth in
the permit application and approved in the issuance of the permit.
Except for an application for a permit to move directly across a highway, it
shall be the duty of the applicant to establish in the application that the load
to be moved by any such vehicle or combination of vehicles cannot
reasonably dismantled or disassembled. Except for fluid milk products, no
excess size or weight permits shall be issued for vehicles and loads that are
divisible and that can be carried, which divided, within the existing size and
weight maximums specified in this chapter.
C. At the time of the filing of a permit application, and prior to the issuance of a
special permit authorizing operation of the vehicle in the City of Elgin, the
applicant shall pay a fee for the permit according to the following schedule:
Single Trip Permit $75.00
Round Trip Permit $150.00
Quarterly Permit $300.00
Annual Permit $900.00.
In the event a permit application is not approved, the permit fee shall be
refunded to the applicant. No refunds of the permit shall be made following
the issuance of a permit.
D. Upon receipt of a completed application and the payment of the permit fee
therefore, and good cause being shown in the application to ensure that any
movement will not unduly damage the City of Elgin street system and will
adequately protect public safety, the Chief of Police or his or her designee
may issue a special permit authorizing the applicant to operate or move a
vehicle or combination of vehicles having a size or weight that exceeds the
maximums set forth in this chapter.
E. Permits are only valid on dates authorized by the permit, from thirty (30)
minutes before sunrise to thirty (3)0) minutes after sunset local time. A single
trip permit is valid for five (5) days from the date of issuance and authorizes
one movement over a prescribed route. A round trip permit is valid for ten
(10) days from the date of issuance and authorizes one movement and on
return movement over the same prescribed route. A quarterly permit is valid
for ninety (90) days from the date of issuance. An annual permit is valid for
three hundred sixty-five (365) days from the date of issuance. Both quarterly
and annual permits allow for unlimited movements of an interchangeable load
over a prescribed or a non-prescribed route.
F. Any excess size or weight permit issued in violation of this chapter or in
violation of 625 ILCS 5/15-301 of the Illinois Vehicle Code shall be void at
issuance, and any movements made thereunder shall not be authorized under
the terms of the void permit.
G. The Chief of Police or his or her designee are authorized to issue reasonable
rules, regulations, and provisions on a document to accompany each permit.
The permit will specify any general or specific conditions with which the
applicant must comply that are consistent and reasonable for the protection of
the general public and the city's streets and highways, including but not
limited to the following:
1. Restrictions on the number or times of daily trips authorized by each
permit;
2. Restrictions on the route to be traveled based upon traffic conditions, the
character of the road or roads, the configuration of the terrain, or other
concerns.
H. All permits shall be nontransferable and shall be valid only for the applicant
or his agent or employee and the specific vehicle listed on the application.
Every permit shall be carried in the vehicle to which it refers at all times while
operating within the city, and shall be exhibited upon demand to any law
enforcement officer, police officer, or authorized agent of the city.
I. The permits issued under this chapter constitute a grant of a privilege by the
city, and may be denied, suspend, or revoked for such reasons as the city may
deem related to its governmental interests, including but not limited to:
1. An applicant knowingly providing incorrect information in a permit
application;
2. Action on or operating under a permit which has been altered for purposes
of deception;
3. Non-compliance with the provisions of this chapter or the provisions of a
permit issued thereunder, or with federal, state, or local laws pertaining to
the transportation of goods or the operation of vehicles engaged in the
transport of goods;
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4. Moving or operating on streets or highways within the city without a
permit as required under this chapter.
J. It is the duty of the applicant to read and familiarize itself with the permit
provisions upon receipt. The routing prescribed in the permit constitutes the
sole extent of the authority granted by the city for the use of the city's streets
and highways, and any vehicle or load found to be off route shall be deemed
to be operating without a permit. Undertaking of a move authorized by a
permit is deemed prima facie evidence of acceptance of the permit and that
the applicant is warranting that:
1. The applicant is in compliance with all operation requirements;
2. All dimension and weight requirements specified in the permit will not be
exceeded;
3. That the vehicle(s) and/or vehicle loads are non-divisible pursuant to 625
ILCS 5/1-148.8.
4. All operation, registration, and license requirements have been complied
with;
5. All financial responsibilities, obligations, and other legal requirements
have been met;
6. The applicant shall comply with all township, city, county, and state laws,
statutes, ordinances, regulations, and requirements, including without
limitation the requirements of this chapter; and
7. The applicant, for itself and on behalf of any owner of the vehicle,
assumes total responsibility for any injury or damage to persons or to
public or private property, including the applicant or owner's property or
the load being transported, and further including any and all damages to
the city's streets,highways, or bridges, caused directly or indirectly by the
transportation of the vehicles and objects authorized under the permit.
The applicant, for itself and on behalf of any owner of the vehicle, shall
hold the city and its officials, officers, employees, and other agents,
harmless from all suits, claims, damages, or proceedings of any kind, and
to indemnify the city for any claim it may be required to pay, arising from
the movement authorized under a permit.
11.54.050: EXCEPTIONS:
The size and weight limitations set forth in this chapter shall not apply to fire
vehicles, apparatus or equipment, or vehicles utilized for snow and ice removal
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operations owned or operated by or for any governmental body, or those vehicles
operating under an emergency declaration,or vehicles owned by the city or a public
utility engaged in emergency utility repair, or vehicles owned and operated by a
private contractor engaged in the construction of public works for the city, and such
vehicles shall not be required to obtain a permit hereunder.
11.54.060: PENALTIES:
A. If any person, firm, or corporation owns or operates any vehicle in the city in
violation of the provisions of this chapter, or in violation of the provisions of
a special permit issued under this chapter, then either or both the driver and
the owner of such vehicle shall be guilty of an offense and shall be subject to
prosecution therefore.
1. Any person,firm, or corporation found guilty of a violation of this chapter
for failing to comply with the provisions of a permit issued under this
chapter by exceeding the size and/or weight limitations of any such
permit, shall, upon conviction, be subject to a fine for each such offense,
as follows:
a. For vehicles operated in violation of the provisions of sections 15-102
(width), 15-103 (height), or 15-107 (length) of the Illinois Vehicle
Code,the fine shall be in an amount equal to not less than one hundred
dollars($100.00) nor more than five hundred dollars($500.00) for the
first conviction, and in an amount equal to not less than five hundred
dollars ($500.00) for the second and for each subsequent conviction.
b. For vehicles operated in violation of the provisions of sections 15-111
(weight) of the Illinois Vehicle Code, the fine shall be in an amount
according to the following schedule:
Up to and including 2,500 pounds overweight $250.00
From 2,501 to 3,500 pounds overweight $500.00
From 3,501 to 5,000 pounds overweight $1,000.00.
For vehicles that are 5,001 or more pounds overweight, the fines shall
be in an amount equal to one thousand five hundred dollars
($1,500.00), plus an additional fine amount of five hundred dollars
($500.00) for each additional increment of 500 pounds overweight or
fraction thereof.
2. Any person, firm,or corporation found guilty of a violation of this chapter
for failing to comply with any other provisions of a permit issued under
this chapter, shall, upon conviction, be subject to a fine of not less than
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one hundred dollars ($100.00) nor more than one thousand dollars
($1,000.00) for each such offense.
3. Any person found guilty of a violation of this chapter for moving or
operating an overweight or oversized vehicle or combination of vehicles
in the city without a valid permit, or who is found to have knowingly
provided false or incorrect information in obtaining a permit, or who has
altered a permit for the purposes of deception, shall, upon conviction, be
subject to a fine of not less than One Thousand Dollars ($1,000.00) for
each such offense.
B. In addition,where an applicant has been found to have violated the provisions
of a special permit or the provisions of this chapter the Chief of Police is
authorized to suspend an applicant's or owner's permit privileges for a period
not to exceed twelve (12) months.
Section 2. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed to the extent of any such conflict.
Section 3. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
David J. Kap ain, Wayor
Presented: September 27, 2017
Passed September 27, 2017
Omnibus Vote: Yeas: 9 Nays: 0 .. -
Recorded: September 27, 2017
Published: September 29, 2017
Attest:
Kimberly Dewis, CitVClerk
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