A. No person shall drive or move, and no owner shall cause or knowingly permit to be driven or moved, on any street within the Village, any vehicle or vehicles of a size or weight exceeding the posted weight limitation.
B. The provisions of this Section covering weight and load shall not apply to fire apparatus or to implements of husbandry temporarily moved upon the highway or to vehicles operated under permits or franchises of the Illinois Commerce Commission.
C. Any police officer having reason to believe that the weight of a vehicle and load is unlawful, shall require the driver to stop and submit to a weighing of the same, either by means of a portable or stationary scale. 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 public scales.
D. Whenever an officer, upon weighing a vehicle and load as above provided, determines that the weight is unlawful, such officer shall require the driver to stop the vehicle in a suitable place and remain standing until such portion of the load is removed as may be necessary to reduce the gross weight of such vehicle to the limit as is permitted under this Section, and shall forthwith arrest the driver. All materials so unloaded shall be cared for by the owner or operator of the vehicle at the risk of the owner or operator.
E. Any driver of a vehicle who fails or refuses to stop and submit the vehicle and load to a weighing, or fails or refuses when directed by an officer to stop the vehicle and otherwise comply with the provisions of this Section, shall be fined as provided in this Code 1 .
F. Whenever any vehicle is operated in violation of the provisions of this Section, the owner or driver, or both, of such vehicle, shall be deemed guilty of such violation and either or both the owner or the driver of such vehicle may be prosecuted for the violation. Any person convicted of such violation shall be fined in an amount equal to two cents ($0.02) per pound for each pound of excess weight when the excess is one ton or less; four cents ($0.04) per pound of excess weight when the excess exceeds one ton and is one and one-half (11/2) tons or less; six cents ($0.06) per pound of excess weight when the excess exceeds one and one-half (11/2) tons and is two (2) tons or less; eight cents ($0.08) per pound for each pound of excess weight when the excess exceeds two (2) tons and is two and one-half (21/2) tons or less; and ten cents ($0.10) per pound of excess weight when the excess exceeds two and one-half (21/2) tons. If the violation complained of is based upon an overload of not more than three hundred fifty (350) pounds on a single axle, and the defendant proves that such violation resulted from an unavoidable shifting of the load carried in the vehicle, the amount of the fine shall not exceed one dollar ($1.00). (1975 Code §24.04)
Notes
| 1 | 1. See Section 1-4-1 of this Code. |