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
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