HomeMy WebLinkAboutORDINANCE - 3177 - 6/17/2008 - OVERWEIGHT VEHICLESY
ORDINANCE NO. 3177
AN ORDINANCE AMENDING TITLE 6 POLICE DEPARTMENT; MOTOR
VEHICLES AND TRAFFIC; ORDINANCE VIOLATIONS OF THE ELK GROVE
VILLAGE CODE BY ADOPTING BY REFERENCE VARIOUS SECTIONS OF
THE ILLINOIS VEHICLE CODE REGARDING OVERWEIGHT VEHICLES
WHEREAS, Section 6-3-1 of the Elk Grove Village Code adopts various
provisions of the Illinois Vehicle Code as and for the Vehicle Code of the Village of Elk
Grove Village; and
WHEREAS, Section 6-3-113 excepts out certain portions of the Illinois Vehicle
Code from being adopted by the Village including various sections pertaining to
overweight vehicles and the registration of overweight vehicles; and
WHEREAS, the Village is in the process of adopting a system of Administrative
Adjudication of various offenses including offenses relating to overweight vehicles and
the registration of overweight vehicles; and
WHEREAS, as a result of the Administrative Adjudication System, it is
necessary for the Village to amend various provisions of Title 6 to enable the Village to
adopt by reference regulations regarding overweight vehicles and the registration of
overweight vehicles.
NOW, THEREFORE BE IT ORDAINED by the Mayor and Board of Trustees
of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows:
Section 1: That that portion of Section 6-3-1 B of the Elk Grove Village Code
which excepts out Chapter 15 in its entirety be amended by deleting that provision from
Section 6-3-1B.
Section 2: That Section 6-3-1 A of the Elk Grove Village Code be amended by
adding thereto the following:
Illinois Vehicle Code Description
Chapter 15 Size, weight and load permits
Section 3: That Title 6 of the Elk Grove Village Code be amended by adding
thereto the following Section.
Section 6-3-12 Overweight and Oversized Vehicles which Section shall
read as follows:
6-3-12 Overweight and Oversized Vehicles
(a) Weight restrictions — It shall be unlawful to drive on any
street any motor vehicle with a weight, including load, in
excess of that permitted by the State traffic law for driving on
improved highways or the weight distributed in a manner not
conforming to such law as set forth in Chapter 15 of the Illinois
Motor Vehicle Code (625 ILCS 5/15-100 et. seq.) and Section
5/3-401(d) of the Illinois Motor Vehicle Code (625 ILCS 5/3-
401(d) which Codes have been adopted by the Village as and
for portions of the Vehicle Code of the Village of Elk Grove
Village.
(b) Bond and Bonds Forfeiture - All persons charged with a
violation of Chapter 15 of the Illinois Vehicle Code or Section
5/3-401(d) of the Illinois Motor Vehicle Code shall post a cash
bond in an amount equal to the amount of the minimum fine
established by the Motor Vehicle Code, plus costs in the
amount of $25.00 for administrative costs. The Defendant
may, in lieu of cash bail, deposit a money order issued by a
money transfer service company which has been approved by
the Village of Elk Grove Village. The money order shall be
made payable to the Village of Elk Grove Village. If a person
who submits a bond or money order is found guilty of or pleads
guilty to the offense or fails to appear for a hearing before the
Administrative Adjudication Hearing Officer, the Hearing
Officer may order the forfeiture of all or part of the bond or
money order to the Village of Elk Grove Village.
(c) Authority of Administrative Adjudication Hearing Officer —
Any violations of the Illinois Motor Vehicle Code relating to
overweight trucks, specifically violations of Chapter 15 or
Section 5/3-441(d) of the Illinois Motor Vehicle Code may be
decided by the Administrative Adjudication Hearing Officer as
set forth in Chapter 12 of Title 1 of the Elk Grove Village Code.
Section 4: That the Village Clerk is hereby authorized to publish this Ordinance in
pamphlet form.
Section 5: That this Ordinance shall be in full force and effect from and after its
passage, approval and publication in pamphlet form according to law.
VOTE: AYES: 6 NAYS: 0 ABSENT: 0
PASSED this 17th day of June 2008.
APPROVED this 17th day of June 2008.
APPROVED:
Mayor Craia B. Johnson
Village of Elk Grove Village
ATTEST:
Ann I. Walsh, Village Clerk
PUBLISHED this 20th day of June, 2008 in pamphlet form.
Ordovenveightveh.doc
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