(A) The Village Administrator, Village Engineer and Village Clerk (collectively the “permitting authority”) jointly or individually, upon application by a person (hereinafter “permittee”) in writing and good cause being shown, may issue a special permit authorizing a vehicle or combination of vehicles not in conformity with the weight regulations of § 70.097 herein or the wheel and axle load and gross weight provisions of Section 15-111 of the Illinois Vehicle Code, as periodically amended, to be operated or moved upon any street or highway under the jurisdiction of Elwood which has not been designated a truck route in § 73.11. The criterion for eligibility and the fees for permits under this section are more particularly described and set forth in § 70.107, attached hereto and incorporated herein by reference. All fee payments under this section shall be deposited in an account to be used only for maintenance, repair and improvement of streets and highways within the jurisdiction of Elwood. The fees established by this section are deemed by the Village Engineer to be sufficient to compensate in part for the cost of the extra wear and tear on the mileage of streets over which the over load vehicle is to be operated.
(B) The application for any such permit shall:
(1) Specifically describe the vehicle or vehicles and load to be operated or moved and the particular streets or highways for which the permit to operate is requested;
(2) Whether such permit is requested for a single trip or for continuous operation, in which event said applicant may apply for a monthly permit;
(3) State if the applicant is an authorized carrier under the Illinois Motor Carrier of Property Law (“Motor Carrier Law”), if so, his certificate, registration or permit number issued by the Illinois Commerce Commission;
(4) State the routing requested including the points of origin and destination, and may identify and include a request for routing to the nearest certified scale in accordance the Illinois Department of Transportation (“IDOT”); and
(5) State if the vehicles or loads are being transported for hire. No permits for the movement of a vehicle or load for hire shall be issued to any applicant who is required under motor carrier law to have a certificate, registration or permit who does not have such certificate, registration or permit. The requirements in this section are not exclusive, and Elwood reserves the right to impose additional requirements thereunder.
(C) The permitting authority is authorized to withhold such permit at its discretion when consistent with traffic safety or, if such permit is issued, to limit the number of trips, to establish seasonal or other time limitations within which the vehicles described may be operated on the streets or highways indicated, to require appropriate escort vehicles for the vehicle subject to the permit, or otherwise to prescribe conditions of operation of such vehicle or vehicles, when such action, in the judgment of the permitting authority, is necessary to protect against undue damage to the road foundations, surfaces or structures.
(D) The permitting authority shall not issue a permit hereunder unless the applicant shall have furnished a certificate of comprehensive liability insurance issued by an insurance company licensed to do business in the State of Illinois and which has a B+ rating or higher, naming Elwood as an additional insured thereunder in an amount not less than $1,000,000. Permittee and his insurance carrier shall indemnify and hold the village harmless therewith from any claim, loss, or damage that may result from the granting of such permit or that may arise from or on account of any work done thereunder, and further conditioned that the permittee shall restore at his own cost, to a condition satisfactory to the permitting authority, any pavement, street structure or facility, tunnel, sewer, pipe, conduit or other public utility (collectively referred to as the "roadway improvement"), and any public property appurtenant thereto that may be damaged by reason of transportation upon, over or through the roadway improvement(s) under such permit.
(E) Every permit shall be in written form and carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any police officer or authorized agent of the permitting authority granting the permit and no person shall violate any of the terms or conditions of such special permit. Violation of the terms and conditions of the permit shall not be deemed a revocation of the permit; however, any vehicle and load found to be off the route prescribed in the permit shall be held to be operating without a permit. Any off route vehicle and load shall be required to obtain a new permit or permits, as necessary, to authorize the movement back onto the original permit routing. No rule or regulation, nor anything herein shall be construed to authorize any police officer, court, or authorized agent of the permitting authority to remove the permit from the possession of the permittee unless the permittee is charged with a fraudulent permit violation. However, upon arrest for an offense of violation of permit, operating without a permit when the vehicle is off route, or any size or weight offense under this chapter when the permittee plans to raise the issuance of the permit as a defense, the permittee, or his agent, must produce the permit at any court hearing concerning the alleged offense.
(F) Violation of any rule, limitation, condition or provision of any permit issued in accordance with the provisions of this section shall not render the entire permit null and void but the violator shall be deemed guilty of violation of permit and guilty of exceeding any size, weight or load limitations in excess of those authorized by the permit. The prescribed route or routes on the permit are not mere rules, limitations, conditions, or provisions of the permit, but are also the sole extent of the authorization granted by the permit. If a vehicle and load are found to be off the route or routes prescribed by any permit authorizing movement, the vehicle and load are operating without a permit. Any off route movement shall be subject to the size and weight maximums as determined by the type or class highway upon which the vehicle and load are being operated.
(G) Whenever any vehicle is operated or movement made in violation of a permit issued in accordance with this section, the person to whom such permit was granted, or the driver of such vehicle, is guilty of such violation and either, but not both, persons may be prosecuted for such violation as stated herein. Any person, firm or corporation convicted of such violation shall be guilty of a petty offense and shall be fined for the first offense, not more than $500 and, for the second offense by the same person, firm or corporation within a period of one year, not less than $500 nor more than $750 and, for the third offense by the same person, firm or corporation within a period of one year after the date of the first offense, not less than $750 nor more than $1,000 and the village shall not issue permits to the person, firm or corporation convicted of a third offense during a period of one year after the date of conviction for such third offense.
(H) If a vehicle is subject to a permit required by this section, it shall be unlawful for any person, or any employee or agent of such person, to operate such vehicle without obtaining such permit. Any person charged with a violation of this section may be prosecuted for such violation. Any person who pleads not guilty for said violation shall be present in court for the trial on the charge. Any person convicted of violating this section shall be fined not less than $500 and not more than $1,000. In no event shall a person be fined contemporaneously both under this section and § 70.102 hereunder.
(I) An administrative fee of $12 shall be paid by each applicant at the time of filing a permit application to cover the cost of processing the application. All filing fees shall be paid to the Village Finance Department or Village Clerk.
(Ord. 1004, passed 6-20-2012)