Ordinance 2020-12 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2020-12
AN ORDINANCE AMENDING THE CITY CODE
OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS
(SIZE AND WEIGHT OF VEHICLES)
Passed by the City Council of the
United City of Yorkville,Kendall County,Illinois
This 25'day of February,2020
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County,Illinois on February 27,2020.
Ordinance No. 2020-12
AN ORDINANCE AMENDING THE CITY CODE
OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS
WHEREAS,the United City of Yorkville, Kendall County, Illinois (the "City") is a duly
organized and validly existing non home-rule municipality created in accordance with the
Constitution of the State of Illinois of 1970 and the laws of the State; and,
WHEREAS,the City is authorized,pursuant to the Illinois Vehicle Code (625 ILCS
5/15-301; the"Vehicle Code"),to issue permits authorizing individuals to operate vehicles and
transport loads that exceed the maximum sizes and weights specified within the Vehicle Code;
and,
WHEREAS, it is imperative that vehicles operating within the City do so without
overburdening the City's infrastructure; and,
WHEREAS, the City desires to control the amount and extent of vehicular traffic that
exceeds statutory size and weight limits in order to limit the structural impact on the City's
roads; and,
WHEREAS, the Mayor and City Council of the City have determined that good cause
exists, and it is in the best interests of the City and its residents, to establish a system of permits
for overweight and over-sized vehicles and loads traveling within the City.
NOW,THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1. The recitals in the preambles to this Ordinance are incorporated into this
Section 1 as if fully set forth herein.
Section 2. The City Code is amended by adding Chapter 5 to Title 6 of the City Code as
follows:
Chapter 5
Size and Weight of Vehicles
6-5-1: DEFINITIONS
The following words and phrases when used in this code shall, for the purpose of this code, have
the meanings respectively ascribed to them in this chapter, except when the context otherwise
requires and except where another definition set forth in another chapter of this code and
applicable to that chapter or a designated part thereof is applicable.
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.
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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 adapted 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 chapter,
motor vehicles are divided into two (2)divisions:
A. First division: Those motor vehicles, which are designed for the carrying of not more
than ten(10)persons.
B. Second division: Those motor vehicles which are designed for carrying more than ten
(10)persons,those motor vehicles designed or used for living quarters, those motor
vehicles which 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.
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SEMI-TRAILER: 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 section 15-111 i 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.
6-5-2: MAXIMUM SIZE AND WEIGHT OF VEHICLES:
A. Weight and Size Restrictions: It shall be unlawful for any person to drive or move on,
upon or across or for the owner to cause or knowingly permit to be driven or moved
on, upon or across any City road or highway, any vehicle or vehicles, unladen or with
load, of a size and weight exceeding the limitations stated in the Illinois Vehicle Code,
625 ILCS 5/15-102 (width), 15-103 (height), 15-107 (length), and 15-111 (weight).
The maximum weight per axle shall be 20,000 pounds.
B. Exceptions: Size and weight limitations while operating on City streets shall not apply
to:
1. Fire apparatus;
2. Vehicles engaged in emergency utility repair or operating under an emergency
declaration;
3. Vehicles owned or operated by any governmental body, including vehicles
privately owned but performing duties under contract to the Country, State,
County, or City;
4. Implements of husbandry temporarily operated or towed in a combination in
the furtherance of a farm or agricultural endeavor; and
5. Any vehicle or combination of vehicles operating under the terms of a valid
oversize and/or dimension permit issued by the City under the authority of
Section 6-5-2 of this Chapter.
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6-5-3: PERMITS FOR OVERWEIGHT AND/OR OVERSIZED VEHICLES:
A. Permit Required: 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.
B. Applications: The Chief of Police or his or her designee is hereby authorized to
receive, investigate and determine the propriety of requests to transport or move
oversized and overweight vehicles over, upon or across the City roads and highways,
to require written application therefor, and to issue permits therefor consistent with the
public health, comfort, safety and welfare and the reasonable preservation of the City
roads and highways. As a condition of the issuance of any permit, the City,through its
Police Department, shall have the power to regulate the date,time,route and
conditions, safety equipment and measures to be employed in making any such
movement. The Chief of Police or his or her designee shall process all applications
within one business day of the receipt of a complete and proper application. Said
applications and permits shall be made and granted upon such forms as the Police
Department may, from time to time, reasonably provide, which includes electronic
application and payment processing using online (internet) services. The applications
shall include, at a minimum:
1. The name and address of the owner or lessee of the vehicle
2. The applicants name
3. The type of permit request whether it be for a single trip, round trip or multiple
routing.
4. The description and registration(or the Illinois Department of Transportation
(IDT)registration number or classification) of the power unit)The type of
vehicle
5. The description of the object or vehicle to be moved
6. The number of axles of the vehicle or combination of vehicles
7. The maximum axle weights of all single,tandem or series axles
8. The maximum gross weight of the vehicle
9. The maximum width, length and height of the vehicle and load
10. The requested route to be taken by the vehicle
C. Issuance: Upon receipt of a completed application and proof of payment of the fee,the
Chief of Police or designee may issue a permit, subject to the following conditions:
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Page 5
1. In consideration of seasonal or other time limitations, the Chief of Police or
designee may restrict the number or time of daily trips authorized by each
permit, as is consistent with public safety.
2. In establishing the routes to be traveled,the Chief of Police or designee may
establish the route consistent with public safety, taking into consideration
existing traffic,the character of the road or roads, and the configuration of the
terrain.
3. All permits shall be nontransferable and shall be valid only for the applicant, or
applicant's agent or employee, and the specific vehicle listed on the application.
4. Every permit shall be carried in paper or electronic form in the vehicle to which
it refers and shall be open to inspection by any police officer or agent of the
City.
5.No refunds of permit fees shall be made to the applicant following the issuance
of a permit.
6. The applicant shall comply with all township, City, county, state, and federal
statutes, ordinances,regulations, rules, and requirements.
7. Altering or falsifying a permit will revoke the applicant's permit privileges for
twelve (12)months.
8. The Chief of Police or designee is authorized to create and amend reasonable
provisions for permits.
D. Schedule: Permits may be applied for and granted in accordance with the following
schedule:
1. Fees for Oversized and Overweight Vehicles: Fees for special permits to move
a vehicle which is oversized and overweight shall be paid by the applicant to the
City at the following rates:
Up to Between More than
100,000 lbs. 100,000 and i 150,000 lbs.
150,000 lbs.
Single trip (7 days) ; $ 50.00 ! $ 75.00 ; $ 100.00
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Round trip(14 days) I $ 100.00 1 $ 150.00 $ 200.00
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Page 6
Quarterly(90 days) $ 500.00 $ 500.00 $ 500.00
Semi-Annual (180 days) $ 750.00 $ 750.00 $ 750.00
Annual (365 days) $ 1,000.00 $ 1,000.00 $ 1,000.00
2. Fees for Legal Weight but Oversized Vehicles: Fees for special permits to
move legal weight, oversized vehicles, shall be paid by the applicant to the City,
at the following rates:
Single trip(7 days) $ 25.00
Round trip (14 days) $ 40.00
T—.
Quarterly(90 days) -!$ 500.00
Semi-Annual (180 days) $ 750.00
Annual (365 days) $ 1,000.00
3. Definitions: For purposes of this section,the following definitions apply:
a. A single trip(7-day) movement means moves 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.
b. A round trip (14-day) movement means trips over the same route in
opposite directions. Round trip permits are effective for fourteen(14)
consecutive days from the date of issuance.
c. Quarterly(90-day) moves are those in such close proximity to each
other in distance or in time that the police department would consider
incorporating two or more permit moves within one permit application.
Quarterly permits when granted by the police department shall be for a
Ordinance No.2020-12
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period time not to exceed ninety(90)consecutive days from the date of
issuance.
E. General Provisions: Permits may be issued for a maximum of one year and 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 with expressed written permission by the Chief of Police
or designee.
F. It is the duty of the permittee to read and familiarize himself or herself with the permit
provisions upon receipt. Undertaking the permit move is deemed prima facia evidence
of acceptance of the permit and that:
1. The permittee is in compliance with all operation requirements;
2. All dimension and weight limitations specified in the permit will not be
exceeded;
3. All operation,registration and license requirements have been complied with;
4. All financial responsibilities, obligations and other legal requirements have
been met; and
5. 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. He or she agrees to hold the
City harmless from all suits, claims, damages, or proceedings of any kind and to
indemnify the City for any claim it may be required to pay arising from the
movement
6-5-4: VEHICLES PROHIBITED ON CERTAIN STREETS
A. As provided in the provisions of 6-1-6 Truck and Commercial Vehicle, Loads and
Weights are prohibited on certain streets.
B. It shall be unlawful to operate any"construction vehicle" as defined herein on any
street in the City when signs are posted on that street prohibiting"construction
vehicles". Where the Director of Public Works, with the approval of the City Council
establishes an established truck route, construction vehicles will utilize only those
established routes to service those areas of the City under construction.
6-5-5: GROSS VEHICLE WEIGHT RATING DESIGNATED
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A. Gross Vehicle Weight Rating Limit: It shall be unlawful to operate any vehicle with
a gross vehicle weight rating, as defined in 625 Illinois Compiled Statutes 5/1-124.5,
in excess of twenty thousand(20,000)pounds on any of the streets herein designated.
B. Generally: Whenever the Corporate Authorities designate a street as prohibiting such
vehicles, they shall cause to be placed and maintained signs giving notice thereof.
C. Portions of Streets Designated: The following streets are hereby designated as
"20,000 pounds' gross vehicle weight rating limited streets":
1. E. Main Street(Route 47 to McHugh Road)
2. McHugh Road(E. Main Street to Route 34)
3. Corneils Road
4. Boombah Boulevard(2,150 feet west of Route 47 to Caledonia Drive)
5. Baseline Road
6. River Road Bridge
7. W. Main Street
8. Church Street
9. King Street
6-5-6: VIOLATIONS:
A. Suspected Violations: Any City police officers having reasonable cause to believe that
the weight of a vehicle and load is in violation of the provisions of this section shall
require the driver to stop and submit to a weighing of the same either by means of
portable or stationary scales. If such scales are not available to the place where such
vehicle is stopped,the police officer shall require that such vehicle be driven to the
nearest available scale that has been tested and approved by the Illinois Department of
Agriculture.
B. Excess Loads: Whenever a City police officer, upon weighing of vehicle and load,
determines that the weight is unlawful, such officer shall require the driver to stop the
vehicle at a suitable place and remain standing until such portion of the load is
removed as may be necessary to reduce the weight of the vehicle to the limit permitted
under this section or to the limit permitted under the terms of a permit issued pursuant
to this section, and shall forthwith arrest the owner, operator, lessee or driver thereof.
All material so unloaded shall be cared for by the owner or operator of the vehicle at
the risk of such owner or operator.
C. Penalties: Whenever any vehicle is operated in violation of the provisions of a City
permit whether it be by size, weight, or general provisions, either or both the owner or
driver of such vehicle shall be deemed guilty and either or both the owner or the driver
of such vehicle may be prosecuted for such violation. Any person found liable/guilty
by a preponderance of the evidence of a violation of this section in an
administrative/judicial hearing shall be subject to the fine prescribed in Title 1,
Chapter 4 of this Code.
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Section 3. This Ordinance shall be in full force and effect immediately from and after its
passage and approval according to law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
25'h day of February, 2020.
City Clerk
KEN KOCH AYE DAN TRANSIER AYE
JACKIE MILSCHEWSKI AYE ARDEN JOE PLOCHER AYE
CHRIS FUNKHOUSER AYE JOEL FRIEDERS AYE
SEAVER TARULIS AYE JASON PETERSON AYE
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
o?Vh- day of FF�6RUA4 92020.
Mayor
Attest:
City Clerk
Ordinance No.2020-12
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