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HomeMy WebLinkAboutOrdinances - MC-15-1110 - 07/20/2015 - AMEND ARTICLES 7 & 8 TRAFFIC MOTOR VEHICLE CODEORDINANCE NO. MC-15-1110 An Ordinance Amending Articles 7 and 8 of the City ofMcHenry Traffic and Motor Vehicle Code WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, the City Council desires to amend Articles 7 and 8, Chapter 13 of the City Traffic Code, in their entirety and add definitions to Section 13-001 of Article 13 of the City Traffic Code to implement the new provisions relating to Articles 7 and 8. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Aldermen of the City of McHenry, McHenry County, Illinois, as follows: SECTION 1: Section 13-001, Definitions, of Article 13 of the City Traffic Code shall be amended to add the following definitions, in alphabetical order: ANNUAL PERMIT. A permit issued to a single truck, truck-tractor power unit, or piece of special mobile equipment which is valid for unlimited moves for a period not to exceed one-year from the date of issuance. NON-DIVISIBLE. A vehicle and load will be considered non-divisible when further separating or dismantling the vehicle or load: (a) Would require more than 8 work hours to dismantle using appropriate equipment. The applicant has the burden of proof as to the number of work hours required to dismantle the load. (b) Will compromise or destroy the intended use of the load only. A load can be either permanently mounted or temporarily secured equipment. Any parts, fluids, or material necessary to the operation of only the power unit portion of the vehicle shall be deemed non-divisible. (c) Would 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. 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. QUARTERLY PERMIT. A permit issued to a single truck, truck-tractor power unit, or piece of special mobile equipment which is valid for unlimited moves for a period not to exceed three months from the date of issuance. REGISTERED WEIGHT shall mean registration weight paid to the Illinois Secretary of State or the State IN which the vehicle is registered. 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. POLICE DEPARTMENT. The City of McHenry Police Department CITY. The City of McHenry SECTION 2: Sections 13-701-704 of the McHenry Traffic Code shall be repealed and replaced as follows: Restricted Road Traffic 13-701 Except as provided otherwise herein, the following roadways are hereby restricted to vehicle traffic with a single or combination registered weight of 26,000 pounds or more: (a) Orleans Street from McCullom Lake Road to Oak Drive. (b) Riverside Drive from McCullom Lake Road to Washington Street (c) Martin Road from Illinois Route 120 to Ringwood Road. (d) Maple Avenue from Richmond Road to Millstream Drive. (e) Lillian Street from Front Street to Crystal Lake Road (f) Dartmoor Drive from Crystal Lake Road to Curran Road (g) Veterans Parkway from Illinois Route 31 to Green Street 13-702 The following roads are classified as Class 2 truck routes pursuant to 625 ILCS 15-107: (a) Industrial Drive (b) Oak Drive from Elm Street to Orleans Street (c) Albany Street (d) Dayton Street (e) Belden Street (f) Prime (g) Corporate Parkway (h) Miller Parkway (i) Ridgeview Drive (j) Century Court (k) Medical Center Drive (1) Borden Street (m) Commercial Drive (n) Blake Boulevard (o) Curran Road from Illinois Route 120 to Bull Valley Road (p) Bull Valley Road from Curran Road to Crystal Lake Road (q) Bolger Court (r) Metalmaster Way (s) Hi Point Road (t) Dot Street (u) Hill Street (v) Adams Drive (w) Barney Court (x) Ringwood Road which is under City of McHenry jurisdiction from Illinois Route 120 to the northern most city limits 13-703 The following vehicles are permitted to be driven on City Streets notwithstanding the prohibition within section 13-702, above: (a) Vehicles of legal size and weight making deliveries or conducting business on the restricted route (b) Emergency vehicles (c) Government owned vehicles (d) Utility companies while conducting maintenance or repairs (e) School buses (f) City permitted garbage trucks (g) Personal vehicles when the resident of a restricted road, or connecting road is going to or from their residence (h) For Martin Road restriction implements of husbandry shall be exempt as well as farm vehicles in the course of farming land that adjoins Martin Road 13-704 Violation of 13-701 shall be punishable by a fine of minimum $50 but not more than $750. SECTION 3: Sections 13-801-805 of the McHenry Traffic Code shall be repealed and replaced as follows: 13-801 PERMITS. (a) A permit shall be required for the movement of any vehicle or combinations of vehicles, that is non-divisible or is carrying a load that is non-divisible, while operating on roadways and bridges within the jurisdiction of the City which exceeds the following limits: 1. Maximum gross weight of more than 80,000 pounds; 2. Maximum single axle weight of more than 20,000 pounds; 3. Maximum tandem axle weight of more than 34,000 pounds. 4. Axle weights or series of axle weights that exceed the maximum limits set forth in 625 ILCS 15-lll(f). 5. Maximum gross length of 42 feet for single vehicles; 6. Maximum gross length of more than 55 feet for tractor-semitrailer combinations; 7. Maximum gross length of more than 60 feet for all other combinations; 8. Maximum gross width of more than 8 feet, 6 inches; 9. Maximum gross height of more than 13 feet, 6 inches; (b) Exempt from permits are the following: 1. Fire department vehicles; 2. Those vehicles operating under an emergency declaration; 3. City 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 fide lease agreement. (d) Permits for vehicles that are both overweight and/or oversize are valid only a half hour before sunrise until a half hour after sunset, on any day which a permit issued by the Illinois Department of Transportation is valid. (e) Permits are non-transferable and apply only to the permittee. (f) The City may issue revisions to permits: 1. To correct an error attributed to the City; 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 City 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 City 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 by the permit for the use of roads within the jurisdiction of the City, 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. Both electronic and paper copies of the permit are acceptable. (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 weights. It is the duty of the applicant to verify the non-divisibility of the vehicle(s) before making application for the permit. The permit application itself is prima facie evidence that the applicant confirmed the vehicle(s) and/or load was non-divisible, (j) 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, (k) All movements under the permit shall be made in accordance with all applicable federal, State and local laws, ordinances, rules and regulations. (1) Permits are null and void if altered for the purpose of deception. The permits issued under this section constitute the grant of a privilege by the City and may be denied or suspended for such reasons as the City may deem rationally related to its governmental interests including, but not limited to: 1. . A permittee knowingly providing incorrect information in an application for a permit; 2. A permittee, its agents, or employees operating on a permit which has been altered for purposes of deception; 3. 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 City streets without a valid permit as required under this section. (m)All single-trip or round-trip permits are limited to movements on assigned routes only, (n) All quarterly or annual overweight permits are restricted to the following maximum limitations and routing: 1. 12ft. in width 2. 13 ft. 6 in. in height 3. 115ft. in length 4. May not move across bridges or structures that are posted or listed as such on the City truck route map. 5. May not move on a "no-truck" route that is posted or listed as such on the City truck route map, without written permission from a member of the Police Department. 6. May not use any City street as a cut-thru to avoid using a State, County, or Township highway. (o) These permits are subject to all standards of application set forth in 18-178(b), 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. (p) Any violation of these terms will render the certificate null and void, and subject the driver, firm, business, or corporation that owns the vehicle to legal weight and dimension laws. The arresting police officer will immediately confiscate the permit. 13-802 APPLICATION FOR PERMIT. (a) All applications for permits shall be given full consideration. Permits for proposed moves may be issued: 1. When the City roadways and bridges will not be unduly damaged; and 2. When the safety of the traveling public will be adequately protected. (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: 1. Company name 2. Company address 3. Company fax & telephone numbers 4. Description of hauling vehicle or power unit. 5. Description of load to be moved and if the load is carrying an attachment. 6. Maximum dimensions, gross weight, and axle weights of vehicle including load. 7. Roads under the jurisdiction of the City to be traveled 8. Any special conditions 13-803 POLICE ESCORTS. Police escorts are required for certain vehicles and loads as indicated in subsection herein. 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 2 hours of service calculated by the most current overtime rate established by the Police Department. 13-804 BONDS, INDEMNIFICATION AND INSURANCE. (a) The permittee shall assume total liability for any and all damages to streets, bridges, City 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 hold harmless the City or members of the Police Department 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 for a permit each applicant shall provide evidence of a valid comprehensive general liability insurance policy, with an insurance company approved by the City, for protection against personal injury or property damage in the amount of $ 1,000,000.00 per occurrence. The City and the Police Department shall be listed as a certificate holder on the policy. 13-805 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 City and payment of all outstanding settlements or judgments. (b) The Chief of Police or their 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 first, then the City Manager if the permittee is still unsatisfied. (c) No permits shall be issued an applicant or company who has outstanding fees or payments due to the City. 13-806 PERMIT FEE SCHEDULES. (a) The City with respect to highways 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 vehicle(s), and/or loads, which fit the categories shown. Any axle or gross weight greater than the maximum weights set forth in this ordinance is subject to special assessment and investigation to determine appropriate fees. (b) The City Finance Department is responsible for the billing, invoicing, and collection of permit fees. The Finance Department, in their discretion, may make rules and regulations as to acceptable methods of payment and due dates. Any unpaid permit fees will be turned over to a collection agency under contract of the City. 1. Fee Schedule; a. The fee schedule for single vehicles shall be as follows. MAX CATEGORY AXLES WEIGHTS 1A 2 48,000 25,000 2A 2 54,000 28,000 3A 3+ 60,000 21,000 40,000 4A 3+ 68,000 25,000 48,000 5A 3+ 72,000 25,000 48,000 6A 3+ 80,000 27,000 54,000 7A 4+ 72,000 21,000 40,000 8A 4+ 76,000 23,000 44,000 9A 4+ 80,000 27,000 54,000 60.000 SINGLE ROU> AXLES TRIP TRI JD P QUARTERLY ANNUAL GROSS $15.00 $25.00 $85.00 $340.00 ANY SINGLE AXLE GROSS $20.00 $35.00 $100.00 $400.00 ANY SINGLE AXLE GROSS $25.00 $45.00 $115.00 $460.00 ANY SINGLE AXLE 2 AXLE TANDEM GROSS $30.00 $55.00 $130.00 $520.00 ANY SINGLE AXLE 2 AXLE TANDEM GROSS $60.00 $115. ANY SINGLE AXLE 2 AXLE TANDEM GROSS $70.00 $135. ANY SINGLE AXLE 2 AXLE TANDEM 00 $270.00 $1,080.00 00 $285.00 $1,140.00 GROSS $35.00 $65.00 $145.00 $580.00 ANY SINGLE AXLE 2 AXLE TANDEM GROSS $40.00 $75.00 $160.00 $640.00 ANY SINGLE AXLE 2 AXLE TANDEM GROSS $60.00 $100. ANY SINGLE AXLE 2 AXLE TANDEM 3 OR 4 AXLE GROUP 00 $225.00 $900.00 b. The fee schedule for combination vehicles shall be as follows. CATEGOR AX MAX LES WEIGHT IB 5+ 88,000 23,000 44.000 2B 5+ 100,000 25,000 48.000 3B 6+ 110,000 23,000 44,000 54000 4B 6+ 120,000 25,000 48,000 60000 5B 6+ 143,000 27,000 54,000 78.000 6B 7+ 162,000 25,000 50,000 75,000 1 on nnn 7B 8+ 187,000 AXLES SINGL E ROUN D OUARTERL GROSS $30.00 $55.00 $190.00 ANY SINGLE AXLE 2 AXLE TANDEM or 3 OR 4 AXLE GROUP GROSS $40.00 $75.00 $220.00 ANY SINGLE AXLE 2 AXLE TANDEM or 3 OR 4 AXLE GROUP GROSS $45.00 ANY SINGLE AXLE 2 AXLE TANDEM 3 or 4 AXLF, GROUP GROSS $50.00 ANY SINGLE AXLE 2 AXLE TANDEM 3nr4 AXLF, GROUP GROSS $60.00 ANY SINGLE AXLE 2 AXLE TANDEM 3nr4 AXLE GROUP GROSS $70.00 ANY SINGLE AXLE 2 AXLE TANDEM 3 AXLE GROUP A AVIFHROTTP GROSS $80.00 ** SAME AXLE WEIGHTS AS 6B ** $85.00 $95.00 $115.00 $135.00 $155.00 $235.00 $250.00 $325.00 $400.00 $500.00 ANNUAL $760.00 $880.00 $940.00 $1,000.00 $1,300.00 $1,600.00 $2,000.00 c. The fee schedule for over dimension (oversized vehicles) shall be as follows. CATEGOR 1C 2C 3C 4C 5C MAX SIZE WIDTH: 10' HEIGHT: 13'6" LENGTH: 115' WIDTH: 12' HEIGHT: 13'6" LENGTH: 115' WIDTH: 14' HEIGHT: 13'6" LENGTH: 115' WIDTH: 18' HEIGHT: 16' LENGTH: 135' WIDTH: >18' HEIGHT: >16' LENGTH: >135' ESCORT NO NO NO YES YES SINGL E $15.00 $20.00 $30.00 $50.00 $100.00 ROUN D $25.00 $40.00 $55.00 $95.00 $195.00 OUARTERL $75.00 $120.00 $165.00 X X ANNUAL $300.00 $480.00 $660.00 X X SECTION 4: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 5: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. PASSED and APPROVED this 20th day of July 2015 Voting Aye: Voting Nay: Abstaining: Not Voting Absent: CONDON, PETERSON, WIMMER, CURRY, 6LAB, SANTI NONE NONE NONE SCHAEFER 2 /*>&^<2^r) (t? Mayor ATTEST: V-MU (L City CleVkO 10