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 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, weight, and registration limitations and requirements stated in sections 15-102 (width), 15-103 (height), 15-107 (length), and 15-111 (weight) of the Illinois vehicle code 1 and section 3-401(d) (overweight on registration) of the Illinois vehicle code 2 . (Ord. 08-2486, 2-25-2008)
B. Size and weight limitations while operating on village 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 village under the authority of section 7-7-7 of this chapter.
C. Where lower size and weight limits or other restrictions are imposed by ordinance under authority of sections 15-111, 15-316 and 15-317 of the Illinois vehicle code 3 , 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.
D. 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 liable of such violation and either or both the owner and driver of such vehicle may be prosecuted for such violation. (Ord. 07-2453, 7-23-2007)
E. Any person, firm or corporation who is found liable under this section for a violation of section 15-111 or 3-401(d) of the Illinois vehicle code 4 , including, but not limited to, a maximum axle or gross limit specified on a regulatory sign posted in accordance with paragraph (g) or (h) of section 15-111, shall be fined according to the following schedule:
Weight (Pounds
Overweight) |
Fine
| Administrative Fee |
Total
|
Weight (Pounds
Overweight) |
Fine
| Administrative Fee |
Total
|
Up to and including 2,000 | $ 50.00 | $ 25.00 | $ 75.00 |
2,001 – 2,500 | 135.00 | 25.00 | 160.00 |
2,501 – 3,000 | 165.00 | 25.00 | 190.00 |
3,001 – 3,500 | 260.00 | 25.00 | 285.00 |
3,501 – 4,000 | 300.00 | 25.00 | 325.00 |
4,001 – 4,500 | 425.00 | 25.00 | 450.00 |
4,501 – 5,000 | 475.00 | 25.00 | 500.00 |
5,001 or more | See note 1 | See note 1 | See note 1 |
Note:
1. For vehicles that are 5,001 or more pounds overweight, the fine shall be computed by assessing $750.00 for the first 5,000 pounds overweight and $75.00 for each additional increment of 500 pounds overweight or fraction thereof. Also, an administrative fee of $25.00 is added to the fine amount.
In addition, any person, firm or corporation found liable of 4 or more violations of section 15-111 pursuant to this section within any 12 month period shall be fined an additional amount of $2,500.00 for the fourth and each subsequent finding of liability within the 12 month period. With regard to a firm or corporation, a fourth or subsequent finding of liability shall mean a fourth or subsequent finding attributable to any one employee-driver.
F. Any person, firm or corporation found liable under this section of any violation of the provisions of sections 15-102, 15-103 or 15-107 of the Illinois vehicle code 5 , shall be fined for the first or second violation not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each offense, and for the third and subsequent violations by the same person, firm or corporation within a period of one year after the date of the first offense, not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00).
G. If a second division vehicle and load are operated within the village and the required registration fees and taxes for the gross weight of the vehicle and load have not been paid or the vehicle and load exceed the registered gross weight for which the required fees and taxes have been paid by two thousand one (2,001) pounds or more, the operator or owner shall be fined as stated in subsection E of this section. For any unregistered vehicle or vehicle displaying expired registration, no fine shall exceed the actual cost of what the appropriate registration for that vehicle and load should have been as established in subsection H of this section.
H. The following are the registration fees for vehicles and loads as set forth below:
Gross Weight In Pounds1 |
Class | Total Fees Each Fiscal Year
|
Gross Weight In Pounds1 |
Class | Total Fees Each Fiscal Year
|
8,000 and less | B | $ 78.00 |
8,001 to 12,000 | D | 138.00 |
12,001 to 16,000 | F | 242.00 |
16,001 to 26,000 | H | 490.00 |
26,001 to 28,000 | J | 630.00 |
28,001 to 32,000 | K | 842.00 |
32,001 to 36,000 | L | 982.00 |
36,001 to 40,000 | N | 1,202.00 |
40,001 to 45,000 | P | 1,390.00 |
45,001 to 50,000 | Q | 1,538.00 |
50,001 to 54,999 | R | 1,698.00 |
55,000 to 59,500 | S | 1,830.00 |
59,501 to 64,000 | T | 1,970.00 |
64,001 to 73,280 | V | 2,294.00 |
73,281 to 77,000 | X | 2,622.00 |
77,001 to 80,000 | Z | 2,790.00 |
Note:
1. Including vehicle and maximum load.
Also, an administrative fee of twenty five dollars ($25.00) is added to the total fees each fiscal year.
I. All persons charged with a violation under this section shall post a cash bond in an amount equal to the amount of the minimum fine established above, plus costs in the amount of twenty five dollars ($25.00) for administrative costs. The defendant may, in lieu of cash bond, deposit a money order issued by a money transfer service company which has been approved by the finance department of the village of Western Springs. The money order shall be made payable to the village of Western Springs.
If a person who submits a bond or money order is found liable of or pleads guilty to the offense or fails to appear for a hearing before the administrative hearing officer, the hearing officer may order the forfeiture of all or part of the bond or money order to the village of Western Springs.
J. Any violations of this section may be decided by the administrative hearing officer as set forth in title 1, chapter 18 of this code. (Ord. 08-2486, 2-25-2008)
Notes
| 1 | 1. 625 ILCS 5/15-102, 5/15-103, 5/15-107, 5/15-111. |
| 2 | 2. 625 ILCS 5/3-401(d). |
| 3 | 3. 625 ILCS 5/15-111, 5/15-316, 5/15-317. |
| 4 | 4. 625 ILCS 15-111, 5/3-401(d). |
| 5 | 1. 625 ILCS 5/15-102, 15-103 or 15-107. |