A. Any police officer having reason to believe that the weight of a vehicle and load is unlawful shall require the driver to stop and submit to a weighing of the same either by means of a portable or stationary scales. If such scales are not available at the place where such vehicle is stopped, the police officer shall require that such 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 Chapter. Law enforcement is exempt from the requirements of commercial weighing established in NIST handbook 44.
B. Whenever a police officer, upon weighing a vehicle and the load, determines that the weight is unlawful, such officer shall require the driver to stop the vehicle in a suitable place and remain standing until such portion of the load is removed as may be necessary to reduce the weight of the vehicle to the limit permitted under this Chapter, or to the limit permitted under the terms of a permit, issued pursuant to this Chapter and shall forthwith arrest the driver or owner. All material so unloaded shall be cared for by the owner or operator of the vehicle at the risk of such owner or operator; however, whenever a three (3) or four (4) axle vehicle with a tandem axle dimension greater than seventy two inches (72"), but less than ninety six inches (96") and registered as a special hauling vehicle is transporting asphalt, or concrete in the plastic state that exceeds axle weight or gross weight limits by less than four thousand (4,000) pounds, the owner or operator of the vehicle shall accept the arrest ticket or tickets for the alleged violations under this Section and proceed without shifting or reducing the load being transported or may shift or reduce the load under the provisions of subsection D or E of this Section, when applicable. Any fine imposed following an overweight violation by a vehicle registered as a special hauling vehicle transporting asphalt or concrete in the plastic state shall be paid as provided in this Chapter.
C. Whenever any axle load of a vehicle exceeds the axle or tandem axle weight limits permitted by subsection 6-8-11A or 6-8-11E of this Chapter by two thousand (2,000) pounds or less, the owner or operator of the vehicle must shift or remove the excess so as to comply with subsection 6-8-11A or 6-8-11E of this Chapter. No overweight arrest ticket shall be issued to the owner or operator of the vehicle by any officer if the gross weight is shifted or removed as required by this subsection.
D. Whenever the gross weight of a vehicle with a registered gross weight of seventy three thousand two hundred eighty (73,280) pounds or less exceeds the weight limits of subsection 6-8-11B or 6-8-11E of this Chapter by two thousand (2,000) pounds or less, the owner or operator of the vehicle must remove the excess. Whenever the gross weight of a vehicle with a registered gross weight of seventy three thousand two hundred eighty one (73,281) pounds or more exceeds the weight limits of subsection 6-8-11B or 6-8-11E of this Chapter by one thousand (1,000) pounds or less, the owner or operator of the vehicle must remove the excess. In either case no arrest ticket for any overweight violation of this Chapter shall be issued to the owner or operator of the vehicle by any officer if the excess weight is removed as required by this subsection.
E. Whenever the gross weight of a vehicle exceeds the registration weight limits established under 625 Illinois Compiled Statutes 5/3-401, by two thousand one (2,001) pounds or more, the driver or owner, in addition to any other violation or penalty, shall be fined in accordance to the schedule enumerated in Section 6-8-13 of this Chapter.
F. Whenever any axle load of a vehicle exceeds axle weight limits allowable by the provisions of a permit, an arrest ticket shall be issued, but the owner or operator of such vehicle may shift the load so as to comply with the provisions of the permit. Where such shifting of a load to comply with the permit is accomplished, the owner or operator of the vehicle may then proceed.
G. Any driver of a vehicle who refused to stop and submit his vehicle and load to weighing after being directed to do so by an officer or removes or causes the removal of the load or part of it prior to weighing is guilty of a business offense and shall be fined not less than five hundred dollars ($500.00) nor more than five thousand dollars ($5,000.00). (Ord. O-01-98, 1-5-1998)