(A) Recitals.
(1) The village is a non-home rule Illinois municipal corporation.
(2) The village is empowered through the Illinois Vehicle Code, ILCS Ch. 625, Act 5, §§ 15-316 et seq., and its police powers to impose weight limitations and prohibit the operation of trucks or other commercial vehicles on designated roads within the village boundaries to protect the lives, public health, morals and general welfare of its residents, including, but not limited to, preserving the roadway integrity and otherwise mitigate losses caused by road deterioration and traffic hazards.
(3) Weight restrictions over and upon that roadway are necessary to order to preserve and protect the integrity of the paved surfaces.
(4) The Board of Trustees deem it necessary, proper and in the best interests of the village and the health and welfare of its residents to limit the nature of the traffic on village streets.
(5) The provisions of the Illinois Vehicle Code, ILCS Ch. 625, Act 5, §§ 15-101 et seq. (hereinafter “IMVC”), are also hereby incorporated by reference and are made a part hereof.
(6) To the extent that the provisions herein conflict with the provisions of the IMVC, the provisions of the IMVC shall control, as provided in ILCS Ch. 625, Act 5, § 5-101(a).
(B) Gross weight limits on village streets.
(1) It shall be unlawful for any person(s) to operate a motor vehicle or motorized equipment on any section of Lincoln Road falling within the village boundaries having a gross weight (combined vehicle weight and payload) in excess of 12,000 pounds.
(2) It shall be unlawful for any person(s) to operate a motor vehicle or motorized equipment having a gross weight in excess of 15,000 pounds on any street, road, or highway located within the Village of Lakemoor without first having met one of the exemptions in division (C) hereunder or are otherwise permitted pursuant to division (E) hereunder.
(C) Exempt vehicles. The following vehicles are exempt from the gross weight limit restrictions described and set forth in division (B) herein:
(1) Vehicles owned and operated by governmental agencies;
(2) Public utility vehicles owned or operated by the village, other public bodies, public utility companies, or any contractor or material man thereof, while engaged in the repair, maintenance or construction of streets or utility facilities, where the only access to the repairs or utility facilities is over streets within the village that have not been designated truck routes;
(3) Busses in operation of picking up or dropping off new passengers;
(4) Vehicles engaged in the collection and removal of garbage or refuse;
(5) Private snow removal vehicles engaging in snow removal functions on private property within the village;
(6) Vehicles registered and used as recreational vehicles;
(7) Tow trucks;
(8) Implements of husbandry;
(9) Owner-operated vehicles, including, but not limited to, farm vehicles, but only to the extent that the vehicle is operated to and from the owner-operator’s residence over a direct route, to and from the closest access point to the nearest highway.
(10) Emergency vehicles;
(11) Vehicles involving local destination origination, if necessary, for the conduct of business or service to an occupant or retailer where access thereto or egress therefrom is only available over streets that have not been designated truck routes. Provided, however, any vehicle with a gross vehicle weight in excess of 80,000 pounds that travels over any portion of a residential street or any other street not designated as a truck route making more than 12 trips (ingress to and egress from the occupant or retailer is equivalent to one trip) in any given month shall be required to obtain a special permit as described in division (D) below or otherwise be in violation of this division.
(12) Any overload vehicle to which a special permit has been issued under division (D) hereunder.
(D) Special permits.
(1) The Village Administrator, Director of Public Works 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 division (B) herein, to be operated or moved upon any street or highway under the jurisdiction of the village that has not been otherwise designated as a truck route.
(a) The criterion for eligibility and the fees for permits under this division are set forth in the following table.
Permit Type | Description | Permit Cost |
Single Trip | Permit is valid for one day. Permit is valid for unlimited trips in one day for approved route. | $250 |
Multiple Trip | Permit is valid for more than one day. Permit is valid for unlimited trips as requested and approved by the village for approved routes. | $250 per day |
(b) All fee payments under this division shall be deposited in an account to be used only for maintenance, repair and improvement of streets and highways within the jurisdiction of the village.
(2) The application for any such permit shall:
(a) 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;
(b) Whether the permit is requested for a single trip or for continuous operation, in which event the applicant may apply for a monthly permit;
(c) State if the applicant is an authorized carrier under the Illinois Motor Carrier of Property Law (“Motor Carrier Law”), ILCS Ch. 625, Act 5, §§ 18b-100 et seq., and if so, provide his or her certificate, registration or permit number issued by the Illinois Commerce Commission;
(d) 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 with the Illinois Department of Transportation (“IDOT”); and
(e) State if the vehicles or loads are being transported for hire.
(3) 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 of this division are not exclusive and the village reserves the right to impose additional requirements hereunder.
(4) The permitting authority is authorized to withhold a permit at its discretion when consistent with traffic safety or, if a permit is issued, to limit thenumber 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 a vehicle or vehicles, when such action, in the judgement of the permitting authority, is necessary to protect against undue damage to the road foundations, surfaces or structures.
(5) 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, and which has an A- rating or higher, naming the village as an additional insured thereunder, in an amount not less than $1,000,000. The permittee and his or her insurance carrier shall indemnity and hold the village harmless therewith from any claim, loss, or damage that may result form the granting of a permit, or that may arise from or on account of any work done thereunder, and further conditioned that the permittee shall restore at his or her 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 improvements under the permit.
(6) 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. No person shall violate any of the terms or conditions of the special permit. Violation of the terms and conditions 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 route. No rule or regulation, nor anything herein, shall be construed to authorize any police officer, court, or authorized agent of 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 section, when the permittee plans to raise the issuance of the permit as a defense, the permittee, or his or her agent, must produce the permit at any court hearing concerning the alleged offenses.
(7) Violation of any rule, limitation, condition or provision of any permit issued in accordance with the provisions of this division 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 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.
(8) Whenever any vehicle is operated or movement made in violation of a permit issued in accordance with this division, the person to whom the permit was granted, or the driver of the vehicle, is guilty of the violation and either, but not both, persons may be prosecuted for the violation as stated herein. Any person, firm or corporation convicted of the 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. 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 a third offense.
(9) If a vehicle is subject to a permit required by this division, it shall be unlawful for any person, or any employee or agent of that person, to operate that vehicle without obtaining the permit. Any person charged with a violation of this division may be prosecuted for that violation. Any person who pleads not guilty for the violation shall be present in court for the trial on the charge. Any person convicted of violating this division shall be fined not less than $500 and not more than $750. In no event shall a person be fined contemporaneously both under this division and division (G) hereunder.
(10) 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 Treasurer or Village Clerk.
(E) Appeal for hardship exemption.
(1) The owner-operator of any vehicle or fleet owner of multiple vehicles subject to the gross weight limit restrictions contained herein may submit a written application for appeal for a hardship exemption (“application”) to the Village Administrator.
(2) Within seven days of the filing of the application, the Village Administrator shall schedule a hearing date thereon. The hearing shall commence within 30 days of the date of application. The rules of evidence applicable in a court of law in the state shall be relaxed at this hearing. The permitting authority shall make a ruling and mail to each participant a written decision within 14 days from the date of the conclusion of the hearing.
(3) If the permitting authority determines that a valid hardship does exist, an exemption may be issued to the applicant. If, however, the vehicle weight limit restrictions are affirmed upon review, the administrative review action may be reviewed by a court if the petition for review is filed in the Nineteenth Judicial Circuit, Lake County, Illinois, or any other court of competent jurisdiction, within 35 days of the date the ruling was mailed to any party.
(4) It shall be mandatory for every exemption issued under this division to be carried in the vehicle to which it refers, and it shall be produced for inspection upon request by any police officer or any other municipal officer or employee having police power.
(F) Enforcement.
(1) The Village Engineer shall keep and maintain an accurate map showing the location of all truck routes, which shall be made available to the public.
(2) The Village Administrator, by and through the Public Works Department, shall cause all truck routes to be posted by the erection and maintenance of appropriate signs.
(3) No person shall be charged with violating the provisions of division (B) hereof upon streets where the posting of signs is required unless appropriate signs are currently posted thereon.
(4) Notwithstanding anything to the contrary contained in this division, the permitting authority, Village Clerk and Chief of Police, individually or collectively, or any other person as determined by the corporate authorities, shall have the authority to enforce all the provisions contained in this section.
(G) Penalty for violating division (B). Any person charged with a violation of division (B) herein may be prosecuted for that violation. Any person who
pleads not guilty for the violation shall be present in court for the trial on the charge. Any person who pleads guilty or is found guilty of violating division (B) shall be fined according to the most current overweight bond schedule issued by the Illinois State Police. Alternatively, any police officer making a stop of a vehicle that is in violation of division (B) may issue a citation for failure to obey a traffic control device, provided that the vehicle/operator, or the corporation employing or contracting for the hauling, has not habitually violated the weight limits set forth herein. The citation shall be fined at a rate of not less than $500 nor more than $750 per violation.
(H) Weighing of vehicles and removal of excess loads.
(1) 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 by means of either portable or stationary scales that have been tested and approved at a frequency prescribed by the Illinois Department of Agriculture. If the scales are not available at the place where the vehicle is stopped, the police officer shall require that the 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.
(2) Whenever any police officer, upon weighing a vehicle and the load therewith, determines that the weight is unlawful and in violation of this section, he or she shall require that the driver stop his or her vehicle in a suitable place and remain standing until that portion of the load is removed as may be necessary to reduce the weight of the vehicle to the limit permitted by this section. All material so unloaded shall be cared for by the owner or operator of the vehicle at his or her sole risk; and the owner or operator shall indemnify and hold harmless the village, its officers, employees and affiliates from any claims or damages incurred therewith.
(3) Any driver of a vehicle who refuses to stop and submit his or her 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 $750. The fines in this division shall be in addition to any other fees or fines contained in this section or under statutory law.
(I) Liability for damaged street or roadway improvements.
(1) Any person driving any vehicle upon any street within the village corporate limits shall be liable for any damage that the street or appurtenant roadway improvements may sustain as a result of any illegal operation, driving or moving of the vehicle exceeding the maximum weight specified in this section, including whether or not a special permit is obtained in accordance with division (D) hereunder.
(2) The measure of liability shall be the cost of repairing the damaged street or roadway improvements or facility partially damaged or the depreciated replacement cost of the roadway improvement or facility damaged beyond repair, together with all other expenses incurred by the authorities in control of the street or roadway improvements in providing a temporary detour, including a temporary structure, to serve the needs of traffic during the period of repair or replacement of the damaged roadway improvement or sheet.
(J) Fees for police escort. When village police escorts are required for the safety of the motoring public pursuant to division (D)(4), the following fees shall be paid to the village by the applicant: $40 per hour per vehicle, based upon the pre-estimated time of movement to be agreed upon between the permitting authority and applicant. A minimum fee of $80 shall be imposed per vehicle.
(K) Vehicle length, width and height. Every vehicle that travels on any street within the jurisdiction of the village shall be subject to and comply with all the provisions contained in the Illinois Vehicle Code relating thereto.
(Ord. 20-O-08, passed 7-7-2020; Ord. 22-O-03, passed 2-1-2022)