(A) Any police officer having reason to believe that the gross weight of a vehicle and load is unlawful shall require the driver to stop and submit to a weighing process either by means of portable or stationary scales that have been tested and approved at a frequency prescribed by the Illinois Department of Agriculture. If such scales are not available at the place where such vehicle is stopped, the police officer shall require that such vehicle be driven to the nearest available scale that has been tested and approved by the Illinois Department of Agriculture. Notwithstanding any provisions of the Weights and Measures Act or the United States Department of Commerce NIST Handbook 44, multi or single draft weighing is an acceptable method of weighing by law enforcement for determining a violation of this section. Village law enforcement vehicles are exempt from the requirements of commercial weighing established in NIST Handbook 44, and as amended.
(B) Whenever any police officer, upon weighing a vehicle and the load therewith, determines that said weight is unlawful and in violation of this subchapter, such officer shall require that the driver stop his vehicle in a suitable place and remain standing until such portion of the load is removed as may be necessary to reduce the weight of the vehicle to the limit permitted by this subchapter. All material so unloaded shall be cared for by the owner or operator of the vehicle at his/her sole risk, and such owner or operator shall indemnify and hold harmless Elwood, its officers, employees and affiliates from any claims or damages incurred therewith.
(C) Any driver of a vehicle who refuses to stop and submit his vehicle and load to a weighing process after being directed to do so by an officer or removes or causes the removal of the load or part of it prior to completion of the weighing process is guilty of a business offense and shall be fined not less than $500 nor more than $2,000. The fines in this subsection shall be in addition to any other fees or fines contained in this subchapter or under statutory law.
(Ord. 1004, passed 6-20-2012)