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A. Statute Authority: Pursuant to 65 Illinois Compiled Statutes 5/11-80-2 and 625 Illinois Compiled Statutes 5/15-316(c), the village is authorized to limit all trucks and commercial vehicle traffic upon certain streets in the village. (Ord. 1991-8, 5-7-1991; amd. 2010 Code)
B. Specific Weight Limit Streets:
1. The following streets in the village are restricted to the following weight limits:
Old Tipton School Road, from its intersection with Andrew Road on the north to its intersection with Business I-55 on the south
Sebring Road, west of Old Tipton School
2. Signs shall be posted at the appropriate locations indicating the above weight limits. (2010 Code)
C. Exemptions: The terms and provisions of this section shall not apply to farm equipment and vehicles, moving vans, service vehicles and trucks belonging to the village, school buses, garbage trucks, fire trucks or emergency vehicles providing services for residents or nonresidents of the village occupying property abutting the streets enumerated in subsection B of this section or whose sole access to a public road is limited to said streets. (Ord. 1991-8, 5-7-1991)
D. Permit For Use Required; Fee: Permits allowing the use of streets enumerated in subsection B of this section by trucks and commercial vehicles with weight in excess of that indicated in subsection B of this section may be granted by the village board or such person as the board may designate in accordance with the standards contained in 625 Illinois Compiled Statutes 5/15-301(a), (b), (c) and (e). The village clerk shall have available, application forms requiring the information set forth in 625 Illinois Compiled Statutes 5/15-301(b). No permit granted under this subsection shall be good for more than thirty (30) days nor shall it authorize more than three (3) round trips within such period. No more than three (3) such permits shall be granted to any single person or entity within any twelve (12) month period without express board action and approval. No permits for continuous operation shall be issued to any person or entity except as allowed under 625 Illinois Compiled Statutes 5/15-301(e). The fee for each permit issued pursuant to this subsection shall be twenty five dollars ($25.00), said sum being necessary to defray the cost of administering and monitoring the issuance of said permits.
E. Liability For Damages: Any person or entity owning or operating any vehicle in excess of the weight limits specified in subsection B of this section shall be liable for the cost of repairing any street damage. Said owner or operator shall be liable whether or not a permit has been obtained, and the measure of liability shall be as set forth in 625 Illinois Compiled Statutes 5/15-318(a). 625 Illinois Compiled Statutes 5/15-318(b) and 5/15-318(c) shall also apply with respect to liability for damages.
F. Penalty: Any person or entity owning or operating any vehicle in excess of the weight limits specified in subsection B of this section and who shall do so without obtaining a permit as set forth in subsection D of this section, shall, in addition to any liability for damages under subsection E of this section, be liable for a fine as set forth in the schedule contained in 625 Illinois Compiled Statutes 5/15-113(a). In the event that any court of law shall rule the schedule of fines set forth in 625 Illinois Compiled Statutes 15-113(a) inapplicable to any case, then any person or entity violating this section shall be liable for a fine as provided in section 1-4-1 of this code for each violation of the gross weight limits set forth herein, as authorized by 65 Illinois Compiled Statutes 5/1-2-1.
G. Statutes Adopted By Reference: The texts of the following portions of the Illinois Compiled Statutes are incorporated herein by reference:
1. 625 Illinois Compiled Statutes 5/15-301(a), (b), (c) and (e).
2. 625 Illinois Compiled Statutes 5/15-318(a), (b) and (c).
3. 625 Illinois Compiled Statutes 5/15-113(a) and (b).
4. 65 Illinois Compiled Statutes 5/1-2-1. (Ord. 1991-8, 5-7-1991; amd. 2010 Code)