(A) Overweight vehicles of 80,000 pounds or less gross weight. Any person who operates a vehicle with a gross weight in excess of the maximum weight limit applicable to the village road, street or highway in question as established by this chapter without having in his possession a valid permit issued under this chapter authorizing the same shall be fined not less than $500, up to a maximum fine amount of $1,000, provided, however, that in the event that the vehicle in question has a gross weight in excess of 80,000 pounds, the fine for such a violation shall be calculated in accordance with division (B) of this section.
(B) Overweight vehicles equal to or over 80,000 pounds gross weight; overweight on axle. Any person who without a permit issued under this chapter operates a vehicle with a gross weight in excess of 80,000 pounds and the prescribed weight limits established by this Code, or with in axle weight in excess of the axle weight limitations established by this chapter in addition to any other fines and penalties as provided by law or ordinance, shall be subject to the fines and penalties as follows: Whenever any vehicle is operated in violation of the provisions of §§ 76.08 or 76.16, 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 §§ 76.08 or 76.16, 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 this chapter, in addition to any court costs, and fees, shall be fined according to the following schedule:
Pounds Overweight | Fine |
Up to and including 2,000 | $100 |
From 2,001 through 2,500 | $270 |
From 2,501 through 3,000 | $330 |
From 3,001 through 3,500 | $520 |
Pounds Overweight | Fine |
From 3,501 through 4,000 | $600 |
From 4,001 through 4,500 | $850 |
From 4,501 through 5,000 | $950 |
From 5,001 or more | 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. |
In addition, any person, firm or corporation convicted of four or more violations of §§ 76.08 or 76.16 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.
(C) Overdimension vehicles: Whenever any vehicle is operated in violation of the provisions of §§ 76.03, 76.04, or 76.05, 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 §§ 76.03, 76.04 or 76.05 shall be fined for the first or second conviction an amount equal to not less than $150, 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.
(D) Overweight vehicles with weight in excess of weight authorized by permit.
(1) Overweight on axle. Whenever any vehicle is operated in violation of the provisions of a permit issued under the provisions of this chapter 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 violation of this chapter 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. Any person, firm or corporation convicted of three or more violations of this division (D)(1) shall be ineligible to apply for or receive any permits under this chapter for a period of one year following the date of the third conviction.
(2) Gross weight in excess of permit weight. Whenever any vehicle is operated in violation of the provisions of a permit issued under the provisions of this chapter 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 violation of this chapter 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. Any person, firm or corporation convicted of three or more violations of this division (D)(2) shall be ineligible to apply for or receive any permits under this chapter for a period of one year following the date of the third conviction.
(E) Overdimension vehicles/loads in violation of permit. Whenever any vehicle/load for which an overdimension permit has been issued is operated in violation of the dimensions authorized in the penult, the owner or driver of the vehicle shall be guilty of a violation of this chapter, and subject to a fine of not less than $500 nor more than $1,000. Any person convicted of three or more violations of this division (E) of this section shall be ineligible to apply for or receive any permits under this chapter for a period of one year following the date of the third conviction.
(F) Other violations. Any other violations of this chapter not otherwise provided for in this chapter shall be punishable by a fine of not less than $150 but not more than $750.
(G) Violations within areas designated and depicted in Appendix B as truck route exclusions. Any violation of this chapter occurring within the village roads, streets and highways designated in Appendix B to this chapter as truck route exclusions shall be subject to a fine, the amount of which shall be double the amount of the fine for such violation determined as if such violation had not occurred within the village roads, streets and highways designated in Appendix B to this chapter as truck route exclusions.
(Ord. 17-1385, passed 6-21-17)