(A) Violations, penalties generally. Unless as otherwise provided, any person, firm, or corporation who violates any section or provision of this subchapter shall be punished by a fine of not less than $50 and not more than $750 for any one offense. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
(B) Penalty for vehicle with a gross weight in excess of maximum weight limits on a non-designated street. Any person, firm or corporation that violates any section or provision of this subchapter by operating a vehicle with a gross weight in excess of the maximum weight limits as set forth in § 70.62 on a non-designated street, in addition to any other fines, penalties or restitution, shall be subject to a fine of not less than $500 and not more than $750; except that a vehicle with a gross weight in excess of 80,000 pounds may be subject to the fines and penalties as set forth in division (C). Prior to release of a vehicle with a gross weight in excess of the maximum weight limits as set forth in § 70.62 on a non-designated street, a sufficient bond must be posted.
(C) Penalty for vehicle with a gross weight in excess of prescribed weight limits. Any person, firm or corporation operating a vehicle with a gross weight in excess of prescribed weight limits, in addition to any other fines, penalties or restitution, shall be subject to the following.
(1) Weight. Whenever any vehicle is operated in violation of the provisions of ILCS Ch. 625, Act 5, § 15-111, the owner or driver of such vehicle shall be deemed guilty of such violation, and either the owner or the driver of such vehicle may be prosecuted for such violation. Any person charged with a violation of any of these provisions who pleads not guilty shall be present in court for the trial on the charge.
(a) Any person, firm or corporation convicted of any violation of the ILCS Ch. 625, Act 5, § 15-111, as enforced by the village, including but not limited to, a maximum axle or gross limit specified on a regulatory sign posted in accordance with paragraphs (g) or (h) of ILCS Ch. 625, Act 5, § 15-111, shall be fined according to the following schedule:
Up to and including 2,000 pounds overweight | = | the fine is $100 |
From 2,001 through 2,500 pounds overweight | = | the fine is $270 |
From 2,501 through 3,000pounds overweight | = | the fine is $330 |
From 3,001 through 3,500 pounds overweight | = | the fine is $520 |
From 3,501 through 4,000 pounds overweight | = | the fine is $600 |
From 4,001 through 4,500 pounds overweight | = | the fine is $850 |
From 4,501 through 5,000 pounds overweight | = | the fine is $950 |
From 5,001 or more
pounds overweight | = | The fine shall be computed by assessing $1,500 for the first 5,000 pounds overweight, and $150 for each additional increment of 500 pounds overweight or fraction thereof. |
(b) In addition, any person, firm or corporation convicted of four or more violations of ILCS Ch. 625, Act 5, § 15-111 within any 12-month period shall be fined an additional amount of $5,000 for the fourth and each subsequent conviction within the 12-month period. Provided, however, that with regard to a firm or corporation, a FOURTH OR SUBSEQUENT CONVICTION shall mean a fourth or subsequent conviction attributable to any one employee-driver.
(2) Width, height, length of vehicles. Whenever any vehicle is operated in violation of the provisions of ILCS Ch. 625, Act 5, § 15-102, ILCS Ch. 625, Act 5, § 15-103 or ILCS Ch. 625, Act 5, § 15-107, the owner or driver of such vehicle shall be deemed guilty of such violation, and either may be prosecuted for such violation. Any person, firm or corporation convicted of any violation of ILCS Ch. 625, Act 5, § 15-102, ILCS Ch. 625, Act 5, § 15-103 or ILCS Ch. 625, Act 5, § 15-107 shall be fined for the first or second conviction an amount equal to not less than $50, nor more than $500; and for the third and subsequent convictions by the same person, firm or corporation within a period of one year after the date of the first offense, not less than $500, nor more than $1,000.
(3) Sentence for permit moves. Whenever any vehicle is operated in violation of the provisions of a permit issued under the provisions of ILCS Ch. 625, Act 5, §§ 15-301 through 15-319, as enforced by the city, by operating under a fraudulent permit or under a permit not specifically covering the move, the owner or driver of such vehicle shall be deemed guilty of a business offense, and either the owner or the driver of such vehicle may be prosecuted for such violation. When any person, firm or corporation is convicted of such violation, the permit shall be null and void, and such person, firm or corporation shall be fined in an amount not less than $0.10 per pound for each pound the gross weight of the vehicle exceeds the gross weight of such vehicles allowable under ILCS Ch. 625, Act 5, § 15-111. Penalties for violations of this section shall be in addition to any penalties imposed for violation of ILCS Ch. 625, Act 5, § 15-301(j) as enforced by the city.
(4) Sentence for permit moves exceeding axle weights. Whenever any vehicle is operated in violation of the provisions of a permit issued under the provisions of ILCS Ch. 625, Act 5, §§ 15-301 through 15-319, as enforced by the city, by operating with axle weights in excess of those authorized in such permit, the owner or driver of such vehicle shall be deemed guilty of a business offense, and either the owner or the driver of such vehicle may be prosecuted for such violation. Any person, firm or corporation convicted of such violation shall be fined in an amount not less than $0.02, nor more than $0.05, per pound for each pound of excess weight on such axle or tandem axle in excess of the weight authorized in the permit when the excess is 1,000 pounds or less; not less than $0.05, nor more than $0.10, per pound for each pound of excess weight when the excess exceeds 1,000 pounds and is 2,000 pounds or less; not less than $0.10, nor more than $0.15, per pound for each pound of excess weight when the excess exceeds 2,000 pounds and is 3,000 pounds or less; and not less than $0.15, nor more than $0.20, per pound for each pound of excess weight when the excess exceeds 3,000 pounds. Penalties for violations of this section shall be in addition to any penalties imposed for violation of ILCS Ch. 625, Act 5, § 15-301(j) as enforced by the city.
(5) Sentence for permit moves exceeding gross weight. Whenever any vehicle is operated in violation of the provisions of a permit issued under the provisions of ILCS Ch. 625, Act 5, §§ 15-301 through 15-319, as enforced by the city, by operating with the gross weight in excess of that authorized in such permit, the owner or driver of such vehicle shall be deemed guilty of a business offense, and either the owner or the driver of such vehicle may be prosecuted for such violation. Any person, firm or corporation convicted of such violation shall be fined in an amount not less than $0.02, nor more than $0.05, per pound for each pound of excess weight in excess of the gross weight authorized in the permit when the excess is 1,000 pounds or less; not less than $0.04, nor more than $0.07, per pound for each pound of excess weight when the excess exceeds 1,000 pounds and is 2,000 pounds or less; not less than $0.07, nor more than $0.10, per pound for each pound of excess weight when the excess exceeds 2,000 pounds and is 3,000 pounds or less; not less than $0.10, nor more than $0.15, per pound for each pound of excess weight when the excess exceeds 3,000 pounds and is 4,000 pounds or less; not less than $0.15, nor more than $0.20, per pound for each pound of excess weight when the excess exceeds 4,000 pounds and is 5,000 pounds or less; and not less than $0.17, nor more than $0.25, per pound for each pound of excess weight when the excess exceeds 5,000 pounds. Penalties for violations of this section shall be in addition to any penalties imposed for violation of ILCS Ch. 625, Act 5, § 15-301(j) as enforced by the city.
(6) Registration, second division vehicles. Whenever any vehicle is operated in violation of the provisions of subsection (d) of ILCS Ch. 625, Act 5, § 3-401, in that a vehicle and load are operated in this state and the appropriate fees and taxes have not been paid, or the vehicle and load exceed the registered gross weight for which the required fees and taxes have been paid by 2,001 pounds or more, the operator or owner shall be fined according to the schedule as provided § 70.64(A), provided that for any unregistered vehicle or vehicle displaying expired registration, no fine shall exceed the actual cost of what the appropriate registration for that vehicle and load should have been as set forth below regardless of the route traveled:
SCHEDULE OF FLAT WEIGHT TAX REQUIRED BY LAW | ||
Gross Weight in Pounds, Including Vehicle and Maximum Load | Class | Total Fees Each Fiscal Year |
8,000 pounds and less | B | $98 |
8,001 to 12,000 | D | $138 |
12,001 to 16,000 | F | $242 |
16,001 to 26,000 | H | $490 |
26,001 to 28,000 | J | $630 |
28,001 to 32,000 | K | $842 |
32,001 to 36,000 | L | $982 |
36,001 to 40,000 | N | $1,202 |
40,001 to 45,000 | P | $1,390 |
45,001 to 50,000 | Q | $1,538 |
50,001 to 54,999 | R | $1,698 |
55,000 to 59,500 | S | $1,830 |
59,501 to 64,000 | T | $1,970 |
64,001 to 73,280 | V | $2,294 |
73,281 to 77,000 | X | $2,622 |
77,001 to 80,000 | Z | $2,790 |
(Ord. 11-001, passed 1-19-11)