(A) It shall be unlawful for any person to be in control of, to drive, to park, or move on, upon or across or for the owner to cause or knowingly license to be parked, driven, or moved upon or across any street or highway under the jurisdiction of the village, any vehicle or combination of vehicles exceeding the size and weight limitations stated in ILCS Ch. 625, Act 5, § 15-102 (width), ILCS Ch. 625, Act 5, § 15-103 (height), ILCS Ch. 625, Act 5, § 15-107 (length), and ILCS Ch. 625, Act 5, § 15-111 (weight) without first securing a license for same in accordance with division (B) of this section.
(1) Size and weight limitations while operating on village streets shall not apply to fire apparatus, vehicles operated in conjunction with village public works projects, or equipment for snow or ice removal operations owned or operated by or for any governmental body or to implements of husbandry temporarily operated or towed in combination in the furtherance of a farm or agricultural endeavor and to any vehicle or combination of vehicles operating under the terms of a valid oversized and/or overweight license issued by the village under the authority of division (B) hereof.
(2) Where lower size and weight limits or other restrictions are imposed by ordinance under authority of ILCS Ch. 625, Act 5, §§ 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.
(3) It shall be unlawful to operate any construction vehicle as defined herein on any street in the municipality when signs are posted on that street prohibiting construction vehicles. For purposes of this section, a CONSTRUCTION VEHICLE shall be defined as any vehicle over 10,000 pounds actual weight, registered gross weight or GVWR that is required to comply with ILCS Ch. 625, Act 5, §§ 12-712 and 12-713 or where identification is required to be displayed.
(4) Whenever any vehicle or combination of vehicles is operated in violation of this section, the owner and/or driver shall be deemed guilty of such violation and either or both the owner and/or driver of such vehicle(s) may be prosecuted for such violation. The fine for such violation shall not exceed $500 (not including any costs of restitution that may be imposed for any damage resulting from the illegal operation).
(B) The village, with respect to any street or highway under its jurisdiction may upon application to the Village of South Elgin Police Department on forms provided by the village and good cause being shown therefor, issue a special license authorizing the applicant to operate or move a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum specified in division (A) hereof.
(1) To obtain such license, the applicant shall furnish the following information in the special license application:
(a) The name and address of the owner or lessee of the vehicle;
(b) Applicant’s name;
(c) Type of license request, whether for a single, round or multiple trip routing;
(d) The description and registration of the power unit;
(e) Description of the object or vehicle or combination of vehicles;
(f) The number of axles of the vehicle or combination of vehicles;
(g) The axle weights of all single, tandem or series axles;
(h) Gross weight of the vehicle;
(i) The width, length and height of the vehicle and load;
(j) The origin of the load within Illinois, or state line if the origin is outside the jurisdiction of the village, copies of all county and/or State of Illinois licenses must be attached to the application prior to approval and issuance of a village special license;
(k) Requested routing over village streets to specific locations.
(2) The owner or his or her agent shall submit an application fee of $50 for a single routing which will be valid for seven calendar days, $80 for a round trip routing valid for 14 calendar days, and $150 for a multiple routing valid for a period not to exceed 120 calendar days. Licenses are valid only for the date(s) specified on the license and for the specific vehicle, load and routing as established by the Village Engineer or designee. No substitution of vehicle, load or routing is licensed without express written permission by the Police Chief or his or her designee and carried in the vehicle to which the license applies.
(3) (a) The Police Chief or his or her designee is authorized to approve the application for approved routes. Upon approval and payment of all required fees, the Traffic Unit shall issue a license allowing passage of the oversized and/or overweight vehicle(s) over village streets. The license shall be specific and contain;
1. License number;
2. The date(s) the license is valid;
3. Whether the license is single, round, or multiple trip routing;
4. The description of the object(s) or vehicle(s) to be moved;
5. Authorized gross weight, axle weights, width, length and height;
6. The authorized routing over village streets including the origin and termination point within the village;
7. The fee paid;
8. The date and signature of the Traffic Unit supervisor or his or her designees.
(b) In addition, the license will specify general conditions that the licensee must comply with that are consistent and reasonable for the protection of the general public and village streets. A copy of all licenses issued will be provided to the patrol supervisor of the South Elgin Police Department for information and compliance.
(4) It is the duty of the licensee to read and familiarize himself or herself with the license provisions upon receipt. Undertaking of the licensed move is deemed prima facie evidence of acceptance of the license and that:
(a) The licensee is in compliance with all operation requirements;
(b) All dimension and weight limitations specified in the license will not be exceeded;
(c) All operation, registration and license requirements have been complied with;
(d) All financial responsibilities, obligations and other legal requirements have been met; and
(e) The licensee assumes all responsibility for injury or damage to persons or to public property, including his or her own, to the object(s) being transported, caused directly or indirectly by the transportation or movement of vehicles and objects authorized under the license. He or she agrees to hold the Village of South Elgin harmless from all suits, claims, damages, or proceedings of any kind and to indemnify the Village of South Elgin for any claim it may be required to pay arising from the movement.
(5) The license shall be carried in the vehicle to which the license applies at all times while operating on the streets within the village and shall be exhibited upon demand to any enforcement officer, police officer or other authorized official of the Village of South Elgin.
(6) No company, driver, or person may purchase a license for the purpose of using the limited load streets for pass-through streets, in violation of this section unless the provisions of a valid license are met.
(7) The Village of South Elgin Police Department will maintain a current log of oversized/weight license applications.
(C) For purposes of this section, the following general provisions and definitions shall apply.
AGREEMENT. The acceptance of the license by the licensee constitutes an agreement that the movement will be made strictly in compliance with the terms set forth in the license.
AUTHORIZED TIMES OF MOVEMENT. The village may authorize movements between sunrise and sunset on business days; and between sunrise and noon on Saturdays. Movements are further restricted on specific holidays, beginning at noon the day preceding the holiday or holiday weekend. The specified holidays are: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
ESCORT VEHICLES. One escort vehicle will be required on all loads more than 12 feet wide. Escort vehicles shall display red flags at the extremities, display “OVERSIZE LOAD” signs, be equipped with an operating rotating or flashing amber light mounted on top, and be operated by properly licensed operators at least 18 years of age. A pole for measuring vertical clearances shall be mounted on the lead escort vehicle for moves in excess of 14 feet, 6 inches in height. The driver of the escort vehicle must be in radio contact with the driver of the license vehicle.
HIGHWAY CONDITIONS. Movements shall not be made when the highway or roadways are covered with snow or ice.
INCLEMENT WEATHER. When visibility is unduly impaired by rain, snow, fog, smog, or at any time travel conditions are considered to be unsafe by the South Elgin Police Department.
JURISDICTION. The license is effective only insofar as the village has jurisdiction and does not release the licensee from complying with other existing laws that may apply to the movement.
LEGAL HEIGHT MOVEMENTS. License authority is not required for the movement of vehicle(s), inclusive of load, not exceeding the legal height limit of 13 feet 6 inches, as established in Chapter 15 of the Illinois Vehicle Code (ILCS Ch. 625, Act 5, § 15). Therefore, no action is taken by the village, either separately or in conjunction with the authorizing as otherwise oversized or overweight movements, to ensure adequate clearance of structures for a vehicle(s) inclusive load, not exceeding 14 feet, 6 inches overall height.
LIABILITY INSURANCE. Owner and/or operators of escort vehicles with oversized loads, exceeding ten feet in width, 13 feet 6 inches in height, 110 feet in length, or overweight must have in effect or be self-insured in the minimum amount of $500,000 per occurrence combined bodily injury and property damage.
LOCATIONS WHERE LICENSE IS NOT VALID. The license is not valid on any highway or bridge posted for a load limit less than the gross weight of the move, on any highway closed to traffic, or on any highway not maintained by the Village of South Elgin.
PUBLIC AND PRIVATE LIABILITY. The licensee assumes all responsibility for injury to persons or damage to public or private property, including his or her own, caused directly or indirectly by the transportation of vehicles or vehicles and objects authorized under this license. The licensee agrees to hold the Village of South Elgin harmless for all suits, claims, damages, or proceedings of any kind and to indemnify the Village of South Elgin for any claim it may be required to pay arising from the movement.
RED FLAGS. The extremities of all oversized vehicles, vehicle combinations or loads, and all protruding objects shall be marked with clean red flags not less than 18 inches square.
RIGHT-OF-WAY DURING MOVEMENT. Insofar as practicable, movements shall be confined to a single traffic lane and shall be made in such a manner that the rest of the roadway will be open at all times so the flow or other traffic will not unnecessarily be obstructed. Also, insofar as practicable, other traffic will be given the right-of-way over this movement. The driver shall remove the vehicle from the roadway when necessary to allow an accumulation of traffic to pass, or when so directed by a police officer.
SPEED. Maximum speed shall be 45 m.p.h. for all license movements, or 5 m.p.h. above the minimum posted speed limit, EXCEPT when otherwise specified on the license. Legal weight, legal height movements up to and including ten feet wide are allowed to travel at the legal maximum speed limit.
OVERWEIGHT MOVEMENTS. An overweight license authorizes the movement of a vehicle, or a reasonably disassembled single object loaded on a vehicle combination. If stated in the license, the object may include an attachment; however, if must be securely mounted on the object being towed. The attachment may not be hauled as a separate object on the vehicle combination.
(Ord. 2006-34, passed 7-10-06; Am. Ord. 2013-41, passed 8-5-13)