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A. A permit shall be required for the movement of any oversized or overweight vehicles, as defined in section 41.1 of this code, and/or nondivisible load (one which cannot be reasonably disassembled), or combination of vehicles which exceeds any of the limits for oversized or overweight vehicles as defined in section 41.1 of this code, on roadways and bridges within the jurisdiction of the village. With respect to those roadways and bridges under construction, road closures with or without signage do not exempt oversized or overweight vehicle movements from permit requirements when any traffic is allowed through such construction zone(s) and when the movement is made by applicant(s) not performing construction on the closed roadways. In an emergency declared by resolution of the village board, the requirement to obtain permits may be waived. Exempt from permits are the following:
(1) Fire department vehicles;
(2) Those vehicles operating under an emergency declaration;
(3) Village owned vehicles engaged in emergency utility repair;
(4) Equipment used for snow and ice removal owned or operated by any governmental body.
B. Permits shall be issued only in the name of a person, firm, business, or corporation that owns and operates the transporting vehicle or that operates the vehicle under a bona fide lease agreement. The permit is nontransferable and applies only to the permittee. All applications for permits shall be given full consideration. Permits for proposed moves using oversized or overweight vehicles may be issued:
(1) When the village roadways and bridges will not be unduly damaged; and
(2) When the safety of the traveling public will be adequately protected.
C. Application for a permit to move an oversized and/or overweight vehicle and/or load must be made to the village of Clarendon Hills police department. The following information shall be included on the permit:
(1) Name, address and telephone number of the applicant, and the applicant's business name, address and telephone number;
(2) Whether the permit is for a single trip, round trip, or for multiple moves;
(3) Whether the applicant is an authorized carrier under the Illinois motor carrier of property law, and if so, the registration number and certificate number issued by the Illinois commerce commission;
(4) The description of the vehicle and/or load making the move;
(5) The routing, including points of origin and destination;
(6) Whether the vehicle and/or load are being transported for hire;
(7) The Illinois department of transportation's state permit number;
(8) The vehicle's and/or trailer's registration number, state and year; and
(9) The village of Clarendon Hills permit number.
D. The village may issue revisions to permits:
(1) To correct an error attributed to the village;
(2) To correct an error attributed to the applicant, discovered before the move; or
(3) To adjust weights, dimensions, routes or load descriptions as issued on the permit before the move is made.
Any revisions to permits made at the request of the permittee for purposes of changing weights, dimensions, routes, or load descriptions shall be made before any move is made at a cost of twenty five dollars ($25.00) per permit.
E. The permit, when issued, constitutes an agreement between permittee and the village that the move described in the application will take place as described. The permittee has the responsibility to report to the village any inaccuracies or errors on the part of either the village or the permittee before starting any move. Undertaking the move shall be prima facie evidence of acceptance of the permit as issued and its terms.
The routing prescribed in the permit constitutes the sole extent of the authority granted by the permit for the use of village roadways and/or highways, and any vehicle and/or load found to be off route shall be considered off route and without a permit. Permits shall be in the driver's possession at all times unless otherwise directed by the police department and presented upon demand to any and all police officers for the purposes of inspection. If required, arrangement shall be made by the permittee to have the proper utilities notified and properly moved, and bridge and/or highway analysis performed and completed in advance of any permit movement. All movements under the permit shall be made in accordance with all applicable federal, state and local laws, ordinances, rules and regulations.
F. For the purposes of this section, the following definitions apply:
LIMITED CONTINUOUS USE MOVEMENTS: Movements generally to one site over a period of three (3) months made by oversized vehicles which do not exceed the weight limits in subsection A of this section. Limited continuous use permits may be issued for up to ten (10) trips generally to the same site during the time period allowed.
MULTIPLE MOVES: Those in such close proximity to each other in distance or in time that the police department would consider incorporating two (2) or more permit moves as one move. Multiple move permits, when granted by the police department, shall be for a period of time not to exceed thirty (30) days from the date of issuance. Multiple moves must be identified prior to obtaining a permit.
ONE-WAY OR SINGLE TRIP MOVEMENT: One move from the point of origin to the point of destination. Any additional stops between the point of origin and the point of destination are expressly prohibited. Single trip permits are effective for five (5) consecutive days from the date of issuance unless otherwise directed by the police department.
ROUND TRIP MOVEMENT: Two (2) trips over the same route in opposite directions. Round trip permits are effective for ten (10) consecutive days from the date of issuance.
G. Police escorts are required for certain vehicles and loads as indicated in schedule S50 of this code. The total number of officers necessary to provide for a safe move shall be determined by the police department, based upon the size and weight of the permit move. Fees for escorts shall be in addition to the permit fees set forth herein.
H. The permittee shall assume total liability for any and all damages to roadways, highways, bridges, village owned appurtenances and private or public property while engaged in a permit movement. The measure of liability is the cost for all repairs or replacement of property damaged by the permittee. The applicant(s) must provide a cash bond in the amount of two thousand five hundred dollars ($2,500.00) in a certified or cashier's check made in favor of the village of Clarendon Hills, or in lieu of a cash bond, at the discretion of the village, provide a valid license or permit bond, with a surety approved by the village, in the amount of five thousand dollars ($5,000.00), to cover any damage to village roadways, highways, bridges or property. If a portion of the bond must be used to pay for such damages, no future applications for permits under this section will be considered until restitution is made and a new bond issued. Bonds are returnable within ten (10) days after request, provided there are no outstanding permits or debts to the village. No further permits shall be issued to an applicant without redeposit of such bond.
I. The permittee shall indemnify and hold harmless the village and its officers, agents and employees from any costs, judgments or settlements, including attorney fees, arising from physical injuries, including loss of life, or damage to or loss of property related to acts or omissions by permittee, its officers, agents, or employees, pursuant to the permit. Upon application for a permit(s), each applicant shall provide evidence of a valid comprehensive general liability insurance policy, with an insurance company approved by the village, for protection against personal injury or property damage in the amount of one million dollars ($1,000,000.00) per occurrence.
J. Permits are void if altered for the purpose of deception. Permits issued under this section constitute the grant of a privilege by the village and may be denied, suspended or revoked for such reasons as the village may deem rationally related to its governmental interests, including, but not limited to:
(1) A permittee's knowingly providing incorrect information in an application for a permit;
(2) A permittee, its agents or employees acting on a permit which has been altered for the purpose of deception;
(3) Noncompliance by permittee, its agents or employees with federal, state or local laws pertaining to the transport of goods or operation of a vehicle engaged in the transport of goods; or
(4) Moving on village streets without a valid permit as is required under this section.
In addition to other remedies the village may seek, a permittee, its officers, agents or employees, found guilty of moving an oversize or overweight vehicle or load on village streets on a permit altered for the purpose of deception, or without a valid permit as required under this section, shall be subject to a fine of one thousand dollars ($1,000.00) for each day during which a move was so made.
Suspension or revocation of a current permit shall be for the time deemed appropriate by the police department. However, reinstatement may be made upon conditions determined by the village and payment of all outstanding settlements or judgments. The charges for reinstatement are:
The police department shall administer and enforce this section and shall have the authority to grant, deny, suspend, revoke and reinstate permits. Any applicant or permittee denied a permit or who has had a permit suspended or revoked, upon request, shall be given a hearing before an authorized representative of the police department and, if applicant or permittee desires, may appeal the decision of the police department in a hearing before the village manager.
K. The village, with respect to roadways and/or highways under its jurisdiction, shall collect a fee from applicants for the issuance of a permit to operate or move a vehicle and/or combination of vehicles and/or loads which are overweight and/or oversized in accordance with schedule S50 of this code.
L. A draw down account, or escrow account, can be established by the permit applicant for the purposes of depositing money for use, as needed, to be automatically withdrawn upon request of the applicant for payment of permit fees. It shall be the responsibility of the applicant to maintain a current balance in their draw down account to cover any and all fees for permit requests.
M. Limited continuous use permits are not available for overweight vehicles. Limited continuous use permits are available only for oversized vehicles that do not exceed the weight limits in subsection A of this section, and for a period of not more than three (3) months from the date of effect. (Ord. 07-05-19)