5-1-9: HEAVY VEHICLES RESTRICTED ON CERTAIN STREETS:
   A.   General:
      1.   Purpose: It is the purpose of this section to forbid the unnecessary operation of overweight vehicles on those streets which, by their construction, are not suited for such use.
      2.   Context: Unless the context otherwise requires, all words and phrases used herein have the same meaning as the same or similar words or phrases defined and used in state law.
      3.   Restrictions: No overweight vehicle shall be operated on any secondary street in the city except for the purpose of making delivery or pick up and such usage shall be limited to the minimum distance practicable for the purpose.
No overweight vehicle shall at any time be parked on any secondary street beyond the time required for the delivery or pick up to be made.
      4.   Posting Of Signs: The city may install appropriate signs indicating the limitations imposed by this section but the absence of such a sign at any location shall not invalidate the provisions of this section except as provided in subsection A5 of this section.
      5.   Enforcement: This section shall be enforced by any police officer. A traffic violation ticket shall be issued for any violation of this section.
   B.   Definitions:
   AXLE LOAD: The total load transmitted to the road by all wheels whose centers may be included between two (2) parallel transverse vertical planes forty inches (40") apart extending across the full width of the vehicle.
   COMMERCIAL VEHICLE: Any vehicle operated for the transportation of persons or property in the furtherance of any commercial or industrial enterprise, "for hire" or "not for hire", but not including a commuter van, a vehicle used in a ridesharing arrangement when being used for that purpose, or a recreational vehicle not being used commercially.
   CONSTRUCTION VEHICLE: Any vehicle over ten thousand (10,000) pounds' actual weight, registered gross weight or GVWR that is required to comply with 625 Illinois Compiled Statutes 5/12-712 and 12-713 on identification required to be displayed.
   GROSS VEHICLE WEIGHT RATING (GVWR): The value specified by the manufacturer or manufacturers as the maximum loaded weight of a single vehicle. The GVWR of a combination of vehicles (commonly referred to as the "gross combination weight rating" or GCWR) is the GVWR of the power unit plus the GVWR of the towed unit or units. In the absence of a value specified by the manufacturer, GCWR is determined by adding the GVWR of the power unit and the total weight of the towed unit and any load on the unit.
   GROSS WEIGHT: The weight of a vehicle whether operated singly or in combination without load plus the weight of the load thereon.
   HIGHWAY: The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
   IMPLEMENT OF HUSBANDRY: Every vehicle designed and adopted exclusively for agricultural, horticultural, or livestock raising operations, including farm wagons, wagon trailers or like vehicles used in connection therewith, or for lifting or carrying an implement of husbandry.
   MOTOR VEHICLE: Every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except for vehicles moved solely by human power and motorized wheelchairs. For this section, motor vehicles are divided into two (2) divisions:
      1.   First Division: Those motor vehicles that are designed for the carrying of not more than ten (10) persons.
      2.   Second Division: Those motor vehicles that are designed for carrying more than ten (10) persons, those motor vehicles designed or used for living quarters, those motor vehicles that are designed for pulling or carrying freight, cargo or implements of husbandry, and those motor vehicles of the first division remodeled for use and used as motor vehicles of the second division.
   PERMIT ROUTE: The route authorized by the issuing authority with proper jurisdiction over the roadway(s) for which permission has been granted to move a vehicle or combination of vehicles that is in itself indivisible or carrying an indivisible load that exceeds normal dimensions or weight or a combination thereof.
   SECONDARY STREET: For purposes of this section, a "secondary street" is defined as any street or public thoroughfare not claimed by the city and not recognized by the highway department of the state of Illinois to be an arterial thoroughfare.
   SEMITRAILER: Every vehicle without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.
   TANDEM AXLES: Any two (2) or more single axles whose centers are more than forty inches (40") and not more than ninety six inches (96") apart, measured to the nearest inch between extreme axles in the series, except as provided in 625 Illinois Compiled Statutes 5/15-111 for special hauling vehicles.
   TRAILER: Every vehicle without motive power in operation, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.
   TRUCK-TRACTOR: Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
   C.   Overweight And/Or Overdimension Vehicle:
      1.   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 permit 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 625 Illinois Compiled Statutes 5/15-102 (width), 5/15-103 (height), 5/15-107 (length), and 5/15-111 (weight).
      2.   Size and weight limitations while operating on city streets shall not apply to fire apparatus 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 a 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 oversize and/or overdimension permit issued by the city under the authority of subsection D of this section.
      3.   Where lower size and weight limits or other restrictions are imposed by ordinance under authority of 625 Illinois Compiled Statutes 5/15-111, 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.
      4.   Whenever any vehicle or combination of vehicles is operated in violation of this section, the owner and/or driver of such vehicle shall be deemed guilty of such violation and either or both the owner and driver of such vehicle may be prosecuted for such violation.
   D.   Permits For Overweight And/Or Overdimension Vehicles:
      1.   A permit shall be required for the movement of any vehicle or combination of vehicles with a nondivisible load on roadways and bridges within the jurisdiction of the city that exceeds the dimensions and weights permitted for the particular roadways to be traversed whether they be nondesignated or designated roadways.
      2.   The city with respect to any street or highway under its jurisdiction may, upon application to the city police department on forms provided by the police department, and good cause being shown therefor issue a special permit 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 subsection C of this section. The applicant shall furnish the following information in the special permit application:
         a.   The name and address of the owner or lessee of the vehicle;
         b.   Applicant's name;
         c.   Type of permit requested, whether it be for a single trip, round trip, or multiple routing;
         d.   The description of registration (or the Illinois department of transportation (IDOT) registration number or classification) of the power unit;
         e.   Description of the object or vehicle to be moved;
         f.   The number of axles of the vehicle or combination of vehicles;
         g.   The maximum axle weights of all single, tandem or series axles;
         h.   The maximum gross weight of the vehicle;
         i.   The maximum width, length and height of the vehicle and load; and
         j.   The requested routing over city streets to and from a specific location.
      3.   For purposes of this section, the following definitions apply:
   MULTIPLE MOVES: Are those in such close proximity to each other in distance or in time that the police department would consider incorporating two (2) or more permit moves within one permit application. Multiple move permits when granted by the police department shall be for a period of time not to exceed ninety (90) days from the date of issuance.
   ONE-WAY OR SINGLE MOVEMENT: One move from the point of origin to the point of destination. Any additional stops between the point of origin and the point of destination are expressly prohibited. Single trip permits are effective for seven (7) consecutive days from the date of issuance unless otherwise directed by the police department.
   ROUND TRIP MOVEMENT: Two (2) trips over the same route in opposite directions. Round trip permits are effective for fourteen (14) consecutive days from the date of issuance.
      4.   The owner or his or her agent shall submit an application fee based on the charts contained herein for a single routing which will be valid for seven (7) calendar days, round trip routing valid for fourteen (14) calendar days and multiple routings valid for a base period of three (3) months. Permits may be issued for a maximum of four (4) consecutive permit periods (365 days) with the permit fee calculated in the appropriate multiples of the base three (3) month multiple trip permit. Permits are valid only for the date periods specified on the permit and for the specific vehicle, load and routing as established by the chief of police or designee. No substitution of vehicle, load or routing is permitted without express written permission by the chief of police or his or her designee, and the permit must be carried in the vehicle to which the permit applies at all times.
 
Permit Size
Fee
Single Trip
Round Trip
Multiple
Weight (with load):
Up to 100,000 pounds
$  50.00
$  75.00
$150.00
100,001 - 120,000
75.00
100.00
200.00
120,001 - 150,000
100.00
125.00
200.00
Over 150,000
100.001
200.001
200.00
Width (with load):
Up to 12'
25.00
40.00
75.00
12'1" to 13'6"
50.00
75.00
100.00
Over 13'6" wide
50.001
75.001
100.00
Height (with load):
13'6" to 14'6"
25.00
40.00
75.00
Over 14'6"
50.001
75.001
75.00
Length (with load):
Up to 100'
25.00
40.00
75.00
Over 100'
50.001
75.001
75.00
 
   Note:
      1.    Plus necessary and appropriate administrative, engineering and road damage fees.
If a vehicle requires a permit due to multiple weight and/or dimension issues, the total fee will be based on the largest individual weight or dimension factor only.
      5.   The chief of police or his or her designee is authorized to approve the application for approved routes. Upon approval and payment of all required fees, the police department shall issue a permit allowing passage of the oversize and/or overweight vehicles over city streets. The permit shall be specific and contain:
         a.   Permit number;
         b.   The dates for which the permit is valid;
         c.   Whether the permit is for single, round or multiple trip routing;
         d.   The description of object or vehicle to be moved;
         e.   Authorized gross weight, axle weight, length and height;
         f.   The authorized routing over city streets, including the origin and termination points within the village;
         g.   The fee paid;
         h.   The date and signature of the chief of police or his or her designee; and
         i.   In addition, the permit will specify general conditions that the permittee must comply with that are consistent and reasonable for the protection of the general public and city streets. A copy of all permits issued will be provided by the city administrator for information purposes.
      6.   It is the duty of the permittee to read and familiarize himself or herself with the permit provisions upon receipt. Undertaking of the permit move is deemed prima facie evidence of acceptance of the permit and that:
         a.   The permittee is in compliance with all operation requirements;
         b.   All dimension and weight limitations specified in the permit 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 permittee assumes all responsibility for injury or damage to persons or to public or private property, including his or her own, or to the object being transported, caused directly or indirectly by the transportation or movement of vehicles and objects authorized under the permit. The permittee agrees to hold the city harmless from all suits, claims, damages, or proceedings of any kind and to indemnify the city from any claim it may be required to pay arising from the movement.
      7.   The permit shall be carried in the vehicle to which the permit applies at all times while operating on streets within the city and shall be exhibited upon demand to any law enforcement officer, police officer or authorized official of the city.
      8.   Whenever any vehicle is operated in violation of the provisions of a city permit, whether it be by size, weight or general provisions, then, either or both the owner and driver of such vehicle shall be deemed in violation of this section, and either or both the owner and the driver of such vehicle may be prosecuted for such violation.
   E.   Vehicles Prohibited On Certain Streets: As provided under the authority of 625 Illinois Compiled Statutes 5/15-111 and 15-316, it shall be unlawful to operate any vehicle upon any street where the operation of that vehicle is prohibited by ordinance or statute and where signs of such prohibition are posted. Vehicles operating under the authority of 625 Illinois Compiled Statutes 5/15-111 and 15-316 while utilizing the city streets under "reasonable access" rules will be considered in violation of this section if they are not utilizing the most direct route to points of loading and unloading.
      1.   Roads Closed To Use: The following roads within the corporate boundaries of the city are hereby closed to use by trucks, whether single unit or tractor trailer combination, in excess of twelve thousand (12,000) pounds' gross vehicle weight except as may be required for purposes of delivery, pick up, or work accessible only by those routes:
         a.   Batavia Road from its intersection with Warrenville Road to the boundary of Fermi Research Laboratories.
         b.   Warrenville Road from its intersection with Batavia Road to Warrenville Road's westerly termination.
         c.   County Ridge Drive.
         d.   Barkley Avenue north of Youghal.
         e.   Mark Road from Route 59 to the west branch of the DuPage River.
      2.   Posting Of Signs And Giving Of Notice: Signs stating this restriction shall be installed in accordance with state established standards.
   F.   Penalty:
      1.   Any person, firm or corporation who or which violates, disobeys, neglects, fails to comply with or resists enforcement of the provisions of this section shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each offense. A separate offense shall be deemed committed on each calendar day(s) on which a violation occurs.
      2.   In addition to seeking a fine, as hereinabove provided, the city attorney may institute any proper action in the name of the city to enjoin the violation of any provision of this section. (Ord. 2996, 4-18-2016)