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2016-07-18 - Ordinance 2016-039 - AMENDING CHAPTER BG-15, SIZE WEIGHT AND LOAD, OF THE MUNICIPAL CODE 07/06/2016 #668931 ORDINANCE NO. 2016 - 039 AN ORDINANCE AMENDING CHAPTER BG-15 SIZE WEIGHT AND LOAD OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE. the Village of flo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the Village Police Department has recommended amendments to Article 111, Overweight and Oversized Vehicle Permits, of ate -15, Size Weight and Load, oft the Buffalo Grove Municipal Code. ILLINOIS,NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE as follows: Section The foregoing recitals are hereby adopted and incorporated into and made part of this Ordinance as if fully set forth herein. Section2. Article III, Overweight and Oversized Vehicle Permits, of Chapter -15, Size, Weight and oad, of e Buffalo Grove Municipal Code is hereby amended to read as follows: Article 111, Overweight and Oversized is Permits BG-15-301 Definitions. For purposes oft is Article, the following finitions apply: A. One-way or single trip permit: 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 valid for 5 consecutive days from the date of issuance unless otherwise directed by the Police Department. B. Round-trip movement, two trips over the same route in opposite directions. Round-trip permits are valid for 10 consecutive days from the date of issuance. C. Quarterly permit: a permit issued to a single truck-tractor power unit, or piece of special mobile equipment is is valid for unlimited moves for a period not to exceed ninety (90) days from the date of issuance. 1 D. Annual permit: a permit issued to a singlet c , truck-tractor power unit, or piece of special mobile equipment is is valid for unlimited moves fora period not to exceed three-hundred sixty-five (365) days from the date of issuance. E. Non-divisible: a vehicle and load will be considered non-divisible when it meets the definitions found in the Illinois Vehicle Code at 625 ILCS 5.0/1-148.8. 1. Would require more than 8 work hours to dismantle using appropriate equipment. The applicant has the burden of proof as tote number of work hours required to dismantle the load. 2. Will compromise or destroy the i nt to d ad use of the load only. A load can be a I I h a r permanently mounted or temporarily secured equipment. Any parts, fluids, or material necessary to the operation of only the power unit portion of the vehicles all be deemed non- divisible. 3. of prohibit the vehicle from hauling one attachment that is necessary to the operation of the load. To be considered non-divisible, the attachment must be securely mounted to the load in the manner it is to be used and not carried as a separate object on the hauling vehicle. It is the duty of the applicant to declare such an attachment in the permit application. F. Police Department: the Village of Buffalo Grove Police Department. G. Village: the Village of Buffalo Grove. BG-15-302 Permits. A. A permit shall be required for the movement of any vehicle or combinations of vehicles, is is non-divisible or is carrying a load that is non-divisible, while operating on roadways and bridges within the jurisdiction of the Village is exceeds the maximum size and weight limits described in the Illinois Vehicle Code at 625 ILCS 5.0/15-102 (width), 15-103 (height), 15-107 (length) and 15-111 (weight), B. Exempt from permits are the following: 1. Fire department vehicles-, 2. Those vehicles operating under an emergency declaration-, 3. Village owned vehicles engaged in emergency utility repair-, 4. Equipment used for snow and ice removal, owned or operated by any governmental body. C. 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 fi de lease agreement. D. Permits for vehicles is are oversize are valid only a half our before sunrise until a half our after sunset, on any day is a permit issued byte Illinois Department of Transportation is valid. 2 E. Permits are non-transferable and apply only to the permittee and vehicle to is it was issued. F. The Village may issue revisions to permits for a fee of $20 (or 50% of the original permit fee if the original permit fee was $30 or less): 1. To correct an error attributed tote Village (no revision fee); 2. To correct an error attributed to the applicant, discovered before the move. 3. To adjust weights, dimension or routes as issued on the permit, before the move is made. G. 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 o r e rrors 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, H. The routing prescribed in the permit constitutes the sole extent of the authority granted byte 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 driver's possession in either paper or electronic form at all times unless otherwise directed by the Police Department and presented upon demand to any and all police officers forte purpose of inspection. I. Any vehicle(s) and/or load found to be divisible will render the permit null and void. The entire gross weight and axles weights of the vehicle(s) with the load are subject to legal size and weight limits prescribed by State statutes. It is the duty of the applicant to verify the non-divisibility of the vehicle(s) before making application for the permit. The pe t application itself is prima facie evidence that the applicant confirmed the vehicle(s) and/or loads were non-divisible. J. If required, arrangements 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. K. All movements under the permit shall be made in accordance with 9 applicable federal. State and local laws, ordinances, rules and regulations. L. The Police Department shall maintain a list of reasonable provisions to accompany every permit. The Police Chief or his designee may amend the I I at from time to time. The provisions shall not be more restrictive than those listed in the OPER 993 form issued by the Illinois Department of Transportation, or the most current phase of interstate harmonization polkics issnal, by the American Association of State and Highway Transportation Officials, except in extreme cases. Permit provisions shall accompany every permit issued. M. 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: 3 I. A perm ittee fraudulently provides incorrect information in an application for a permit; 2. A permittec, its agents, o r e mployees operating on a permit which has been altered for purposes of deception-, I 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-, 4. Moving on Village streets without a valid permit as required under this Article. N. All single-trip or round-trip permits are limited to movements on assigned routes only. O� All quarterly or annual overweight permits are restricted to the following maximum limitations and routing: I. 12 feet in width 2. 13 feet 6 inches in height 3. 115 feet in length 4. May not move across bridges or structures that are posted or listed as such on the Village truck route map. 5. May not move on a "no-truck" route that is posted or listed as such on the Village truck route map, without written permission from a member of the Police Department. 6. May not use any Village street as a cut-t to avoid using a State, County, or Township highway. Permits are subject to the requirements set forth in BG-15-303 herein, except that the load may be interchanged provided none of the above listed maximum weight and size dimensions are exceeded. Quarterly and annual permits shall list the registration number and state for the power unit, and vehicle identification number (VIN). The serial number of the power unit, and/or owner applied number shall also be listed, if applicable. Any violation of these terms will render the permit null and void, and subject the driver, fi rm, business, or corporation that owns the vehicle to weight and dimension laws prescribed by State statutes. The arresting police officer will immediately confiscate the permit. BG-15-303 Applications for Permit. A. All applications for permits shall be given full consideration. Permits for proposed over maybe issued-. 1. When the Village roadways and bridges will not be unduly damaged-, and 2. When the safety of the traveling public will be adequately protected. 4 B. 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—in addition to any other information deemed necessary byte Police Department: 1. Company name. 2. Company address, city, state and zip code. 3. Company email, fax and telephone numbers. 4. Make of hauling vehicle or power unit. 5. Description of load to be moved. 6. Maximum dimensions, gross weight, and axle weights of vehicle including load. 7. Roads under the jurisdiction of the Village to be traveled. BG-15-304 Police escorts. Civilian or police_escorts escorts are required at the direction of the Police Department. The total number of police officers necessary to provide for a safe move shall be determined by the Police Department, Fees for police escorts shall be in addition to the permit fees set forth herein and included in the billing, invoicing and collection of permit fees. Police escort fees shall provide for a minimum of 2 hours of service calculated by the most current overtime rate established by the Police Department. BG-15-305 -1 e ills ti insurance. A. 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. B. The permittee shall indemnify and of 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. C. Upon application fora permit each applicant shall provide evidence of a valid comprehensive general liability insurance policy for protection against personal irijuyor property damage in lheminimum aniount of $1,000,000.00 per occurrence. The Village shall be listed as an additional insured certificate holder on the policy. BG-15-306 Suspension and reinstatement. A. 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. B. The Chief of Police or designee shall administer and enforce this Article and shall have the authority to grant, deny, suspend, or reinstate permits. Any applicant or 5 permittee denied a permit or who has had a permit suspended, upon request, shall be given a hearing before the Chief of Police. C. No permits shall be issued an applicant or company who has outstanding fees or payments due to the Village. BG-15-307 Permit fee schedules. A. The Village with respect to highways under its jurisdiction shall collect a fee as shown herein from applicants for the issuance of a pen-nit to operate or move a vehicle or combination of vehicle(s), and/or loads, which fit the categories shown. Any gross weight greater than the maximum weights set forth in the fee schedule are subject to special assessment and investigation to determine appropriate fees. B. Fee Schedule. 1. The fee schedule for overweight and oversize vehicles shalt be as follows: CA IFCORY MINIMUM NUMBER OF AXLES GROSS 11'N(111 TRIP ROUND TRIP QUARTERLY ANNUAL Al 2 48,000 $15.00 $25.00 $85,00 $340.00 A2 2 54,000 $20.00 $35.00 $100,00 $400,00 A3 2 >54,000 $40.00 $75.00 $150.00 $500.00 A4 3 60,000 $25.00 $45,00 $115,00 $460.00 AS 3 68,000 $30.00 $55.00 $130,00 $520.00 A6 3 72,000 $60.00 $115.00 $270.00 $1,080m A7 3 80,000 $70,00 $135.00 $285.00 $1,140.00 A8 3 >80,000 $100,00 $195.00 $400.00 $1,500.00 AS 4 72,000 $35,00 $65.00 $145.00 $580.00 A10 4 76,000 $65.00 $110.00 $160.00 $640.00 All 4 85,560 $80.00 $150.00 $225,00 $900.00 Al2 4 >80,000 $100.00 $190.00 $350.00 $1200M At3 5 88,000 $45.00 $85.00 $235.00 $940.00 A14 5 100,000 $50.00 $95.00 $250.00 $1,000.00 A15 5 >110,000 $85.00 $160.00 $320.00 $1,280.00 A16 6 110,000 $45.00 $85.00 $235,00 $940.00 A17 6 120,000 $50.00 $95.00 $250.00 $1,000.00 6 A18 6 143,000 $60.00 $115.00 $325.00 $1,300.00 A19 6 > 143,000 $100.00 $200.00 $390.00 $1,560.00 A20 7 162,000 $70.00 $135,00 $300M $15200,00 A21 7 >162,000 $110.00 $220.00 $440.00 $1,760.00 A22 8 187,000 $80.00 $155,00 $310.00 $1,240.00 A23 8 200.000 $100.00 $195.00 $390.00 $1,560.00 A24 8 >200,000 $160.00 $300M $600.00 $21A00.00 A25 9+ 225,000 $125.00 $240,00 $800.00 $3,200.00 A26 91 >225,000 $150,00 $300,00 $1.000,00 $4,000.00 2. The fee schedule for oversize vehicles shall be as follows: CATEGORY WID'i I I HEIGHT 1+',NGTFI SINGLE TRIP ROUND TRIP QUARTERLY ANNI,J/ it I to, 14' 115' $15,00 $25.00 $75,00 $300.0 132 12' 14' 115' $20.00 $40.00 $120.00 $480.0 133 14' 14' 115, $30,00 $55.00 $165.00 $660.0 B4 18, 16' 135' $50,00 $95.00 $250,00 $1.000. 135 > 18' > 16' >1351 $100,00 $195M $350.00 $1,200. Section 3 If any section, paragraph, clause of provision of this Ordinance shall be held invalid, the invalidity thereof shall not affect any other provision oft is Ordinance. Section 4. This Ordinance shall be in full force and effect from and after its passage, approval and publication. AYES- 6-Berman, Trilling, Stein, Ottenheinier, Weidenfeld, Johnson NAYES: 0 - one ABSENT: 0 - one PASSED: July 18, 2016. APPROVED: July 18, 2016. PUBLISHED: J«ly 19, 2016. Beverly Su. an,Village President Janet xra is , Village Clerk #668892