Wilmette |
Code of Ordinances |
Chapter 14. MOTOR VEHICLES AND TRAFFIC |
Article V. GENERAL SPEED RESTRICTIONS |
§ 14-140. Overweight and oversized permits.
(a)
Permits required.
(1)
A permit shall be required for the movement of any vehicle or combinations of vehicles, which is non-divisible or is carrying a load that is non-divisible, while operating on roadways and bridges within the jurisdiction of the village which exceeds the following limits:
a.
Maximum gross weight of more than 80,000 pounds;
b.
Maximum gross length of 42 feet for single vehicles;
c.
Maximum gross length of more than 55 feet for tractor-semitrailer combinations;
d.
Maximum gross length of more than 60 feet for all other combinations;
e.
Maximum gross width of more than eight feet, six inches;
f.
Maximum gross height of more than 13 feet, six inches;
g.
Maximum single axle weight of more than 20,000 pounds;
h.
Maximum tandem axle weight of more than 34,000 pounds;
i.
Axle weights or series of axle weights that exceed the maximum limits set forth in ILCS ch. 62, act 5, § 15-111(f).
(2)
Exempt from permits are the following:
a.
Emergency vehicles;
b.
Vehicles owned and operated by governmental agencies;
c.
Vehicles owned and operated by private utilities;
d.
Buses;
e.
Vehicles engaged in the collection and removal of garbage or refuse;
f.
Snow removal vehicles engaged in snow removal functions on private property or for the village;
g.
Tow trucks;
h.
Any other vehicles that meet the criteria for an exception to this chapter pursuant to the Illinois Vehicle Code;
i.
All vehicles shall have access within one road-mile from I-94 that use the most reasonable and practicable route to their destination.
(3)
Permits shall be issued only in the name of a person, firm, business, or corporation that owns and operates the transporting vehicle or that operates the vehicle under a bona fide lease agreement.
(4)
When necessary, the village may require separate permits for both size and weight of the vehicle, including payment of the appropriate fees.
(5)
Permits for vehicles that are both overweight and/or oversize are valid as follows:
a.
Single trip permit: one trip 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 valid for five consecutive dates from the date of issuance unless otherwise directed by the Police Department.
b.
Round-trip permit: two trips over the same route in opposite directions. Round-trip permits are valid for ten consecutive days from the date of issuance unless otherwise directed by the Police Department.
(6)
Permits are non-transferable and apply only to the permittee.
(7)
The village may issue revisions to permits:
a.
To correct an error attributed to the village;
b.
To correct an error attributed to the applicant, discovered before the move;
c.
To adjust weights, dimension or routes as issued on the permit, before the move is made.
(8)
The permit, when issued, constitutes an agreement between the permittee and the village that the move described in the application will take place only as described. The permittee has the responsibility to report to the Police Department any inaccuracies or errors on the part of either the village or the permittee before starting any move. Undertaking the move is prima facie evidence of acceptance of the permit as issued and its terms.
(9)
The routing prescribed in the permit constitutes the sole extent of the authority granted by the permit for the use of roads within the jurisdiction of the village, and any vehicle and/or load found to be off route will be considered off route and without a permit. Permits shall be in the drivers possession at all times unless otherwise directed by the Police Department and presented upon demand to any and all police officers for the purpose of inspection.
(10)
Any vehicles and/or load found to be divisible will render the permit null and void. The entire gross weight and axles weights of the vehicles with the load are subject to weight limits prescribed by state statutes. It is the duty of the applicant to verify the non-divisibility of the vehicles before making application for the permit. The permit application itself is prima facie evidence that the applicant confirmed the vehicles and/or load were non-divisible.
(11)
If required, arrangement shall be made by the permittee to have the proper utilities notified, property moved, bridge or highway analysis performed and completed in advance of any permit movement.
(12)
All movements under the permit shall be made in accordance with all applicable federal, state and local laws, ordinances, rules and regulations.
(13)
Permits are null and void if altered for the purpose of deception. The permits issued under this article constitute the grant of a privilege by the village and may be denied or suspended for such reasons as the village may deem rationally related to its governmental interests, including, but not limited to:
a.
A permittee knowingly providing incorrect information in an application for a permit;
b.
A permittee, its agents, or employees operating on a permit which has been altered for the purposes of deception;
c.
Non-compliance by permittee, its agents or employees with federal, state, or local ordinances pertaining to the transport of goods or operation of a vehicle engaged in the transport of goods;
d.
Moving on village streets without a valid permit as required under this article.
(14)
All single-trip or round-trip permits are limited to, movements on assigned routes only.
(15)
All quarterly or annual overweight permits are restricted to the following maximum limitations and routing:
a.
12 feet in width;
b.
13 feet six inches in height;
c.
115 feet in length;
d.
May not move across bridges or structures that are posted or listed as having a lower weight limit than permitted per the permit;
e.
May not move on a "no-truck" route that is posted or listed as such, without written permission from a member of the Police Department;
f.
May not use any village street as a cut-thru to avoid using a state, county, or township highway.
(b)
Applications for permit.
(1)
All applications for permits shall be given full consideration. Permits for proposed moves may be issued:
a.
When the village roadways and bridges will not be unduly damaged; and
b.
When the safety of the traveling public will be adequately protected.
(2)
Applications for a permit to move an oversized and/or overweight vehicle, and/or load, must be made to the Police Department. The following information shall be included on the permit application:
a.
Company name;
b.
Company address;
c.
Company fax and telephone numbers;
d.
Description of hauling vehicle or power unit;
e.
Description of load to be moved and if the load is carrying an attachment;
f.
Maximum dimensions, gross weight, and axle weights of vehicle including load;
g.
Roads under the jurisdiction of the village to be traveled;
h.
Any special conditions.
(c)
Police escorts. Police escorts are required for certain vehicles and loads as indicated in this chapter. The total number of officers necessary to provide for a safe move shall be determined by the Police Department, based upon the size and weight of the permit move. Fees for escorts shall be in addition to the permit fees set forth herein. Escort fees shall provide for a minimum of two hours of service calculated by the most current overtime rate established by the Police Department.
(d)
Indemnification and insurance.
(1)
The permittee shall assume total liability for any and all damages to streets, bridges, village owned appurtenances and private or public property while engaged in a permit move. The measure of liability is the cost for all repairs or replacement of property damaged by the permittee.
(2)
The permittee shall indemnify and hold harmless the village from any costs, judgments or settlements, including attorney's fees, arising from physical injuries, including loss of life, or damage to or loss of property related to acts or omissions by permittee, its officers, agents, or employees pursuant to the permit.
(3)
Upon application for a permit each applicant shall provide evidence of a valid comprehensive general liability insurance policy, with an insurance company approved by the village, for protection against personal injury or property damage in the amount of $1,000,000.00 per occurrence. The village shall be listed as a certificate holder on the policy.
(e)
Suspension and reinstatement.
(1)
Suspension of a current permit shall be for the time determined appropriate by the Police Department; however, reinstatement may be made upon conditions determined by the village and payment of all outstanding settlements or judgments.
(2)
The Chief of Police or designee shall administer and enforce this section and shall have the authority to grant, deny, suspend, or reinstate permits. Any applicant or permittee denied a permit or who has had a permit suspended, upon request, shall be given a hearing before the Chief of Police.
(3)
No permits shall be issued to an applicant or company who has outstanding fees or payments due to the village.
(f)
Permit fee schedules.
(1)
The village with respect to streets under its jurisdiction shall collect a fee as shown herein from applicants for the issuance of a permit to operate or move a vehicle or combination of vehicles, and/or loads, which fit the categories shown. Any axle or gross weight greater than the maximum weights set forth in the fee schedule are subject to special assessment and investigation to determine appropriate fees.
(2)
Fee schedule.
a.
The fee schedule for single vehicles shall be as follows:
Category
Gross weight range (lbs) Single trip Round trip Quarterly Annual 1A 80,000—99,999 $35.00 $65.00 $205.00 $820.00 2A 100,000—119,999 $45.00 $85.00 $235.00 $940.00 3A 120,000+ $50.00 $95.00 $250.00 $1,000.00 b.
The fee schedule for over dimension (oversized vehicles) shall be as follows:
Category
Max size
Escort Single trip Round trip Quarterly Annual 1B Width: 10' Height: 13'6" Length: 115' no $15.00 $25.00 $75.00 $300.00 2B Width: 12' Height: 13'6" Length: 115' no $20.00 $40.00 $120.00 $480.00 3B Width: 14' Height: 13'6" Length: 115' no $30.00 $55.00 $165.00 $660.00 4B Width: 18' Height: 16' Length: 135' yes $50.00 $95.00 X X 5B Width: >18' Height: >16' Length: >135' yes $100.00 $195.00 X X (g)
Violations, penalties.
(1)
It shall be unlawful for any person to violate any of the requirements set forth in this section. Furthermore, it shall be unlawful for any person issued a permit under this section, or any employee or agent of such person, to violate any of the terms or conditions of the permit. The penalty for any such violation shall be a fine in an amount not less than $250.00 and not more than $750.00. Penalties for any violation of this section shall be in addition to any penalties imposed for the violation of any other section of this chapter.
(2)
Any person, firm, business, or corporation that owns and operates the transporting vehicle or that operates the vehicle under a bona fide lease agreement who violates any of the provisions of this section, may avoid prosecution for violating any of this section by surrendering the citation or other notice of violation and paying to the Police Department within ten days from the date appearing on said violation notice, the sum of $250.00. Any person making such payment shall receive a receipt therefor from the Police Department.
(Code 1993, § 13-3.28; Ord. No. 2010-O-42, 7-13-2010; Ord. No. 2011-O-42, 7-12-2011)