A. Violations, Penalties Generally: Unless as otherwise provided, any person convicted of a violation of any section or provision of this chapter shall be punished by a fine as established in section 1-4-1 of this code 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. (Ord. 1044, 1-19-2010; amd. Ord. 1061, 4-20-2010)
B. Penalty, Vehicle With A Gross Weight In Excess Of Maximum Weight Limits On A Nondesignated Municipal Road: Every person, firm, or corporation who violates this chapter operating a vehicle with a gross weight in excess of the maximum weight limits as set forth in section 10-1-9 of this chapter, on a nondesignated municipal road, in addition to any other fines, penalties, or restitution, shall be subject to a fine of not less than five hundred dollars ($500.00) and not more than as provided in section 1-4-1 of this code; except that a vehicle with a gross weight in excess of eighty thousand (80,000) pounds may be subject to the fines and penalties as set forth in subsection C of this section.
Each occurrence shall constitute a separate offense and shall be punishable as such hereunder.
C. Penalty, Vehicle With A Gross Weight In Excess Of Prescribed Weight Limits: Every person, firm, or corporation who violates this chapter 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 fines and penalties as follows:
1. Weight: Whenever any vehicle is operated in violation of the provisions of 625 Illinois Compiled Statutes 5/15-111 or 5/3-401(d), 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. Any person, firm or corporation convicted of any violation of 625 Illinois Compiled Statutes 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 625 Illinois Compiled Statutes 5/15-111(g) or (h), in addition to any surcharge, court costs, and fees, shall be fined according to the following schedule:
Number Of Pounds Overweight
| Fine
|
Number Of Pounds Overweight
| Fine
| |
Up to and including 2,000 | $100.00 | |
2,001 through 2,500 | 270.00 | |
2,501 through 3,000 | 330.00 | |
3,001 through 3,500 | 520.00 | |
3,501 through 4,000 | 600.00 | |
4,001 through 4,500 | 850.00 | |
4,501 through 5,000 | 950.00 | |
5,001 or more | Computed by assessing $1,500.00 for the first 5,000 pounds overweight and $150.00 for each additional increment of 500 pounds overweight or fraction thereof | |
In addition, any person, firm or corporation convicted of four (4) or more violations of 625 Illinois Compiled Statutes 5/15-111 within any twelve (12) month period shall be fined an additional amount of five thousand dollars ($5,000.00) for the fourth and each subsequent conviction within the twelve (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 625 Illinois Compiled Statutes 5/15-102, 5/15-103 or 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 625 Illinois Compiled Statutes 5/15-102, 5/15-103 or 5/15-107 shall be fined for the first or second conviction an amount equal to not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), 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 five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00).
3. Sentence Of Permit Moves: Whenever any vehicle is operated in violation of the provisions of a permit issued under the provisions of 625 Illinois Compiled Statutes 5/15-301 through 5/15-319, as enforced by the village, 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 ten cents ($0.10) per pound for each pound the gross weight of the vehicle exceeds the gross weight of such vehicles allowable under 625 Illinois Compiled Statutes 5/15-111. Penalties for violations of this section shall be in addition to any penalties imposed for violation of 625 Illinois Compiled Statutes 5/15-301(j) as enforced by the village.
4. Sentence Of Permit Moves Exceeding Axle Weights: Whenever any vehicle is operated in violation of the provisions of a permit issued under the provisions of 625 Illinois Compiled Statutes 5/15-301 through 5/15-319, as enforced by the village, 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 two cents ($0.02) nor more than five cents ($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 one thousand (1,000) pounds or less;
Not less than five cents ($0.05) nor more than ten cents ($0.10) per pound for each pound of excess weight when the excess exceeds one thousand (1,000) pounds and is two thousand (2,000) pounds or less;
Not less than ten cents ($0.10) nor more than fifteen cents ($0.15) per pound for each pound of excess weight when the excess exceeds two thousand (2,000) pounds and is three thousand (3,000) pounds or less; and
Not less than fifteen cents ($0.15) nor more than twenty cents ($0.20) per pound for each pound of excess weight when the excess exceeds three thousand (3,000) pounds.
Penalties for violations of this section shall be in addition to any penalties imposed for violation of 625 Illinois Compiled Statutes 5/15-301(j) as enforced by the village.
5. Sentence Of Permit Moves Exceeding Gross Weight: Whenever any vehicle is operated in violation of the provisions of a permit issued under the provisions of 625 Illinois Compiled Statutes 5/15-301 through 5/15-319, as enforced by the village, 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 two cents ($0.02) nor more than five cents ($0.05) per pound for each pound of excess weight in excess of the gross weight authorized in the permit when the excess is one thousand (1,000) pounds or less;
Not less than four cents ($0.04) nor more than seven cents ($0.07) per pound for each pound of excess weight when the excess exceeds one thousand (1,000) pounds and is two thousand (2,000) pounds or less;
Not less than seven cents ($0.07) nor more than ten cents ($0.10) per pound for each pound of excess weight when the excess exceeds two thousand (2,000) pounds and is three thousand (3,000) pounds or less;
Not less than ten cents ($0.10) nor more than fifteen cents ($0.15) per pound for each pound of excess weight when the excess exceeds three thousand (3,000) pounds and is four thousand (4,000) pounds or less;
Not less than fifteen cents ($0.15) nor more than twenty cents ($0.20) per pound for each pound of excess weight when the excess exceeds four thousand (4,000) pounds and is five thousand (5,000) pounds or less; and
Not less than seventeen cents ($0.17) nor more than twenty five cents ($0.25) per pound for each pound of excess weight when the excess exceeds five thousand (5,000) pounds.
Penalties for violations of this section shall be in addition to any penalties imposed for violation of 625 Illinois Compiled Statutes 5/15-301(j) as enforced by the village.
6. Registration, Second Division Vehicles: Whenever any vehicle is operated in violation of the provisions of 625 Illinois Compiled Statutes 5/3-401(d), 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 two thousand one (2,001) pounds or more, the operator or owner shall be fined according to the schedule as provided in subsection C1 of this section, 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
|
Gross Weight In Pounds Including Vehicle And Maximum Load | Class
| Total Fees Each Fiscal Year
|
8,000 and less | B | $ 98.00 |
8,001 to 12,000 | D | 138.00 |
12,001 to 16,000 | F | 242.00 |
16,001 to 26,000 | H | 490.00 |
26,001 to 28,000 | J | 630.00 |
28,001 to 32,000 | K | 842.00 |
32,001 to 36,000 | L | 982.00 |
36,001 to 40,000 | N | 1,202.00 |
40,001 to 45,000 | P | 1,390.00 |
45,001 to 50,000 | Q | 1,538.00 |
50,001 to 54,999 | R | 1,698.00 |
55,000 to 59,500 | S | 1,830.00 |
59,501 to 64,000 | T | 1,970.00 |
64,001 to 73,280 | V | 2,294.00 |
73,281 to 77,000 | X | 2,622.00 |
77,001 to 80,000 | Z | 2,790.00 |
(Ord. 1044, 1-19-2010)