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Any person found to be in violation of the provisions of this article shall be subject to a fine of not less than one hundred fifty dollars ($150.00) or more than seven hundred fifty dollars ($750.00), in addition to court costs incurred in bringing said complaint. Each day that the violation continues after filing the complaint shall be considered a new violation subject to penalty. (Ord. 15-10, 3-19-2015)
For purposes of this article, the following definitions shall apply:
ANNUAL PERMIT: An annual permit is a permit which allows for unlimited moves by a specified vehicle for a period of time not to exceed three hundred sixty five (365) days from date of issuance.
CHIEF OF POLICE: The Chief of Police of the Village of Hampshire Police Department, or his designee.
NON-DIVISIBLE LOAD: A load is deemed to be non-divisible when the load to be moved by the applicant vehicle cannot in the judgment of the Chief of Police reasonably be dismantled or disassembled into smaller pieces or portions, so as to be carried, when divided, within the maximum size or weight regulations specified in 625 Illinois Compiled Statutes 5/15-301(a) of the Illinois Vehicle Code.
QUARTERLY PERMIT: A quarterly permit is a permit which allows for unlimited moves by a specified vehicle for a period of time not to exceed ninety (90) days from the date of issuance.
ROUND TRIP PERMIT: A round trip permit is a permit which allows for two (2) trips, over one route, to convey one or more loads of substantially similar weight and dimension.
SINGLE TRIP PERMIT: A single trip permit is a permit which allows for one move from a point of origin to a point of destination.
VEHICLE: Any truck, truck-tractor power unit, combination of vehicles, special hauling vehicle, or special mobile equipment to be utilized to carry a load within the Village.
VILLAGE: The Village of Hampshire. (Ord. 17-22, 7-20-2017)
A. A permit shall be required for the movement of any vehicle, or combination of vehicles, which is non-divisible, or is carrying a load which is non-divisible, while operating on highways and bridges within the jurisdiction of the Village while exceeding the maximum dimension and weight limits contained within 625 Illinois Compiled Statutes 5/15-102 (width), 15-103 (height), 15-107 (length), and 15-111 (weight) of the Illinois Vehicle Code.
B. The following are exempt from the requirement of obtaining a permit:
1. Fire District apparatus.
2. Vehicles operating under a declaration of emergency by an authorized governmental official.
3. Village-owned vehicles engaged in emergency utility repair.
4. Village or Township apparatus or equipment used for snow and ice removal.
C. Permits shall be issued only in the name of a person, firm, business, or corporation which owns and operates the transporting vehicle or which operates said vehicle under a bona fide lease agreement.
D. Issued permits are valid only during the period one-half (1/2) hour before sunrise until one-half (1/2) hour after sunset, and shall be considered invalid on the following days: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
E. Permits are non-transferable and apply only to the applicant owner/operator, vehicle, and load to which the permit was issued.
F. The permit, when issued, shall constitute an agreement between the permittee and the Village that the vehicle movement(s) described in the application will take place without modification.
G. The permittee has the responsibility to report to the Chief of Police any inaccuracies or error in the permit on the part of either the Village or the permittee before starting any move, and undertaking the move described in the permit shall constitute prima facie evidence of the permittee's acceptance of the permit as issued and the terms contained within.
H. The routing prescribed in the permit shall constitute the sole extent of the authority granted by the permit for the use of highways within the jurisdiction of the Village, and any vehicle and/or load found to be off the prescribed route will be considered to be operating without a permit. The original permit shall be in the driver's possession in paper form and presented upon request to any police officer or Village official for inspection.
I. Any vehicle or load found to be divisible shall render the permit void, and the vehicles with the load shall be and are subject to legal size and weight requirements. It is the duty of the applicant to confirm the non-divisibility of the load and vehicle before making application for the permit, and the permit application shall constitute prima facie evidence that the applicant confirmed that the vehicle and load were each non- divisible for all purposes under this article.
J. If required, arrangement shall be made by the applicant to notify the appropriate utility companies before undertaking the vehicle movement described in the permit, such that all affected utilities have been properly moved, any necessary bridge or highway analysis has been performed and completed in advance of any permitted vehicle movement.
K. Any person driving any vehicle, object, or contrivance upon any highway or highway structure within the jurisdiction of the Village may be held liable for any damage sustained, in accordance with 625 Illinois Compiled Statutes 5/15-318.
L. All movements under the permit shall be made in accordance with all applicable Federal, State and local laws, ordinances, rules and regulations. The provisions of this article and/or conditions imposed on any permit shall not be more restrictive than those listed in OPER 993 form issued by the Illinois Department of Transportation, except in extreme cases as determined in the discretion of the Chief of Police.
M. The provisions and conditions of any permit issued by the Village shall be included in and/or accompany any permit issued.
N. The Chief of Police at his discretion and/or at the request of the applicant may revise any permit after issuance, subject to payment of the applicable fee.
O. No person shall operate or move a vehicle within the Village under a fraudulent permit. No permit shall be altered by the permittee in any way. Any fraudulent permit shall be considered void. Any permit that has been altered in any way shall be considered fraudulent and void. Whenever any vehicle is operated or movement made under a fraudulent permit, the person, firm, or corporation to whom such permit was granted, the driver of the vehicle and any other accessory to the alteration, shall be charged with a violation of this article and either one or all persons may be prosecuted for such violation under the provisions of the Motor Vehicle Code, 625 Illinois Compiled Statutes 5/15-301(i), or of this article.
P. The permits issued under this article shall constitute a grant of a privilege by the Village and may be denied or suspended for such reasons as the Village may deem rationally related to its governmental interests including, but not limited to:
1. A permittee fraudulently provides incorrect information in an application for a permit.
2. A permittee, its agents, or employees operate on a permit which has been altered.
3. A permittee, its agents or employees do not comply with any Federal, State or local ordinances, rules or regulations pertaining to the transport of goods or operation of a vehicle engaged in the transport of goods.
4. A permittee, its agents or employees do not comply with the terms or provisions of any permit issued by the Village.
Q. Any single trip permit shall be subject to the following restrictions:
1. Limited to vehicle movements on the route(s) described in such permit, only and any additional stops outside of the prescribed route are expressly prohibited.
2. Valid for five (5) consecutive days from and after the date of issuance, unless otherwise directed by the Chief of Police.
R. Any round trip permit shall be subject to the following restrictions:
1. Valid for ten (10) consecutive days from and after the date of issuance.
2. Limited to no more than two (2) trips over the same route.
3. Limited to conveyance of loads which are substantially similar in both weight and dimension.
S. Quarterly or annual permits shall be subject to the following:
1. The holder of any quarterly or annual overweight permit may not use any Village highway as a cut-thru to avoid using a State, County, or Township highway.
2. All quarterly or annual overweight permits are restricted to the following maximum limitations:
a. Width: Twelve feet zero inches (12'0").
b. Height: Thirteen feet six inches (13'6").
c. Length: One hundred fifteen feet zero inches (115'0").
3. Quarterly and annual permits are subject to all standards for application set forth in this article, except that the load may be interchanged provided none of the listed maximum weights and dimensions are exceeded.
4. Quarterly and annual permits shall list the state of registration and registration number and the vehicle identification number (VIN) for the vehicle to be utilized for the move(s).
T. Any vehicle, load, or individual operating under a permit issued by the Village or Chief of Police shall be subject to all requirements contained within chapter 15 of the Illinois Vehicle Code, even if not specifically mentioned within this article or any permit issued by the Village.
U. The provisions of this article may be modified when deemed necessary or advisable in the discretion of the Chief of Police to achieve the purposes of this article. (Ord. 17-22, 7-20-2017)
A. All applications for permits shall be given full consideration. Permits for proposed moves may be issued:
1. When the Village highways and/or bridges will not be unduly damaged; and
2. When the safety of the traveling public will be adequately protected.
B. Applications for a permit to move an oversized and/or overweight vehicle, and/or load, must be filed with the Chief of Police. The following information shall be included on the permit application in addition to any other information deemed necessary by the Chief of Police:
1. Applicant's name.
2. Applicant's address.
3. Contact information (name, address if different, telephone number and email address) for applicant or its representative for the proposed move.
4. Make and model of the hauling vehicle or power unit.
5. Description of load to be moved.
6. Maximum weight and dimension of the vehicle(s) to be used for the trip, including load.
7. Route of travel on any highways under the jurisdiction of the Village. (Ord. 17-22, 7-20-2017)
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