(A) Except as specifically allowed by statute or other ordinance, no person shall permit to remain on any public way within the Village, any vehicle or combination of vehicles exceeding the size and weight limitations stated in Section 15-102 (width), Section 15-103 (height), Section 15-107 (length) and Section 15-111 (weight) of the Illinois Vehicle Code (625 ILCS 5/15-102, 15-103, 15-107, 15-111).
(B) Size and weight limitations while operating on Village streets shall not apply to fire apparatus or equipment for snow or ice removal operations owned or operated by or for any governmental body, or to any vehicle or combination of vehicles operating under the terms of a valid oversize and/or dimension permit issued by the Village under the authority of § 71.14 hereof.
(C) Where lower size and weight limits or other restrictions are imposed by ordinance under authority of Sections 15-111, 15-316 and 15-317 of the Illinois Vehicle Code (625 ILCS 5/15-111, 15-316 and 15-317) and signs indicating such limitations or restrictions are posted, it shall be unlawful to operate any vehicle or combination of vehicles in excess of such size or weight limitations or in violation of such restrictions.
(D) Whenever any vehicle or combination of vehicles is operated in violation of this section, the owner and/or driver of such vehicle shall be deemed liable for such violation and either or both the owner and driver of such vehicle may be prosecuted for such violation.
(E) Any violations written under this Code of the size and weight limitations stated in the Illinois Vehicle Code sections cited in § 71.13(A) shall be subject to the following penalties:
Weight | Fine |
Weight | Fine |
Up to an including 2,000 pounds overweight | $100 |
From 2,001 through 2,500 pounds overweight | $270 |
From 2,501 through 3,000 pounds overweight | $330 |
From 3,001 through 3,500 pounds overweight | $520 |
From 3,501 through 4,000 pounds overweight | $600 |
From 4,001 through 4,500 pounds overweight | $850 |
From 4,501 through 5,000 pounds overweight | $950 |
5,001 or more pounds overweight | See below |
For vehicles that are 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.
(F) Any person, firm or corporation found liable of four or more violations under § 71.13(A) within any 12-month period shall be fined an additional amount of $5,000 for the fourth and each subsequent finding of liability within the 12-month period. With regard to a firm or corporation, a fourth or subsequent finding of liability shall mean a fourth or subsequent finding attributable to any one employee-driver.
(G) Any violations written under this code of a width, height or length violation stated in the Illinois Vehicle Code sections cited in § 71.13(A) shall be subject to a fine for the first or second violation of not less than $50 nor more than $500 for each offense, and for the third and subsequent violations 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.
(H) A person issued a notice for a violation of any weight limitations imposed by this section, or any term or condition of a permit issued under § 71.14, shall, upon issuance of the citation, deposit with the Village a bond in the form of a money order issued by a money transfer service company in an amount equal to the minimum fine established for such violation. The money order shall be made payable to the Village of Maywood.
(I) Within 15 days after the issuance of any citation for a violation of any size or weight limitations imposed by this section, or any term or condition of a permit issued under § 71.14, the owner or operator may file a written request for a hearing before the Ordinance Enforcement Department to challenge whether a violation has occurred. The hearing date must be scheduled no later than 30 days after the request for a hearing is filed.
(J) If, at the hearing, the Hearing Officer determines that the owner or operator violated any size or weight limitations imposed by this section, or any term or condition of a permit issued under § 71.14, the Hearing Officer shall enter an order finding the owner and/or operator liable to the Village for the amount of the administrative penalty prescribed for such violation in §§ 71.13(E) and 71.13(G). Any penalty imposed shall first be satisfied from the proceeds of the deposit required in § 71.13(H).
(K) If, at the hearing, the Hearing Officer determines that the owner or operator did not violate any size or weight limitations imposed by this chapter, or any term or condition of a permit issued under § 71.14, the Hearing Officer shall enter an order finding the owner and/or operator not liable to the Village and order the return of the proceeds of the deposit.
(L) If the owner or operator fails to request a hearing in a timely manner, or requests a hearing but fails to appear at the hearing, the owner and operator shall be deemed to have waived his or her right to a hearing and, if a money order deposit bond was deposited pursuant to § 71.13(H), the funds so deposited shall be forfeited to the Village.
(M) An administrative penalty shall constitute a debt owing to the Village, which may be collected in accordance with applicable law.
(N) Service of the citation on the operator of the vehicle for a violation of this section or § 71.14 shall constitute service of notice of the violation on the owner of the vehicle.
(Ord. C0-07-26, passed 7-17-2007; Am. Ord. CO-2021-03, passed 3-2-2021)