§ 75.38  PENALTY FOR VIOLATIONS.
   (A)   Any person charged with the violation of § 75.15(A) may be prosecuted for such violation.  Any person who pleads guilty or is found guilty of violating § 75.15(A), shall be fined according to the Illinois Vehicle Code, § 15-113 (ILCS Ch. 625, Act 5, § 15-113).
   (B)   (1)   A permittee, its officers, agents or employees, charged with violation of § 75.31(K), may be prosecuted for such violation. Any person found guilty of moving an oversized or overweight vehicle or load on a highway under a fraudulent permit or permit altered for purposes of deception shall be subject to a fine of not less than $1,000 nor more than $2,500.
      (2)   The fines in this division (B) shall be in addition to any other fees or fines contained in this chapter or under statutory law.
   (C)   (1)   Whenever any vehicle is operated or movement made in violation of a permit issued in accordance with § 15-301 of the Illinois Vehicle Code (ILCS Ch. 625, Act 5, § 15-301), the person or entity to whom such permit was granted or the driver of such vehicle, but not both, may be prosecuted for such violation as stated in this division (C). Any person, firm or corporation convicted of such violation shall be guilty of a petty offense and shall be fined for the first offense, not less than $50 nor more than $200 and, for the second offense by the same person, firm or corporation within a period of one year, not less than $200 nor more than $300 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 $300 nor more than $500.
      (2)   The fines in this division (C) shall be in addition to any other fees or fines contained in this chapter or under statutory law.
   (D)   (1)   Whenever any vehicle is operated in violation of the provisions of a permit issued under the provisions of § 15-301 (ILCS Ch. 625, Act 5, § 15-301) of the Illinois Vehicle Code by operating with axle weights in excess of those authorized in such permit, the person or entity to whom such permit was granted or the driver of such vehicle, but not both, may be prosecuted for such violation as stated in this division (D). Any person, firm or corporation convicted of such violation shall be fined in an amount not less than $.02 nor more than $.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 $.05 nor more than $.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 $.10 nor more than $.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 $.15 nor more than $.20 per pound for each pound of excess weight when the excess exceeds 3,000 pounds.
      (2)   The fines in this division (D) shall be in addition to any other fees or fines contained in this chapter or under statutory law.
   (E)   (1)   Whenever any vehicle is operated in violation of the provisions of a permit issued under the provisions of § 75.37 by operating with the gross weight in excess of that authorized in such permit, the person or entity to whom such permit was granted or the driver of such vehicle, but not both, may be prosecuted for such violation as stated in this division (E). Any person, firm or corporation convicted of such violation shall be fined in an amount not less than $.02 nor more than $.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 $.04 nor more than $.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 $.07 nor more than $.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 $.10 nor more than $.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 $.15 nor more than $.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 $.17 nor more than $.25 per pound for each pound of excess weight when the excess exceeds 5,000 pounds.
      (2)   The fines in this division (E) shall be in addition to any other fees or fines contained in this chapter or under statutory law.
(Ord. 3936, passed 6-6-2016)