TITLE VII:  TRAFFIC CODE

Chapter

 70.      GENERAL PROVISIONS

71.      RULES OF OPERATION

72.      PARKING REGULATIONS

73.      BICYCLES AND MOTORCYCLES

 74.      PEDESTRIANS

75.      EQUIPMENT; LOADS

76.     MOTOR VEHICLE OFFENSES

77.    TRAFFIC SCHEDULES

78.    PARKING SCHEDULES

79.     SEIZURE AND IMPOUNDING OF VEHICLES

 

 
CHAPTER 70:  GENERAL PROVISIONS

 Section

 In General

 70.01            Definitions

Obedience to and Effect of Traffic Laws

70.10  Obedience to police officers

70.11  Public officers and employees to obey traffic code; exceptions

70.12  Traffic laws apply to persons riding animals or driving animal-driven vehicles

70.13  Fleeing or attempting to elude police officer

 

Traffic Signs, Signals, and Markings

70.30  Obedience to traffic-control devices

70.31  Traffic-control signal legend

70.32  Pedestrian-control signals

70.33  Lane-control signals

70.34  Flashing signals

70.35  Display of unauthorized signs, signals, markings, or advertising signs

70.36  Interference with official traffic control devices or railroad signs or signals

70.37  Unlawful use or damage to highways, appurtenances, and structures

70.38  Unlawful possession of highway sign or marker

70.39   Zones of quiet

70.40  No-turning signs and turning markers

70.41  Stop and yield signs

70.42  Location of city traffic-control signs

70.43  Excessive engine braking noise

 

70.99            Penalty

IN GENERAL

§ 70.01  DEFINITIONS.

For the purpose of this chapter, the following words and phrases shall have the following meanings ascribed to them respectively.

 ALL-TERRAIN VEHICLE.  Any motorized off-highway device designed to travel primarily off-highway, 50 inches or less in width, having a manufacturer’s dry weight of 1,500 pounds or less, traveling on three or more non-highway tires, designed with a seat or saddle for operator use, and handlebars or steering wheel for steering control, except equipment such as lawnmowers.  (ILCS Ch. 625, Act 5, § 1-101.8)

ALLEY.  A public way within a block, generally giving access to the rear of lots or buildings, and not used for general traffic circulation.  (ILCS Ch. 625, Act 5, § 1-102)

ARTERIAL STREET.  Any U.S. or state numbered route, controlled-access highway, or other major radial or circumferential street or highway designated by local authorities within their respective jurisdictions as part of a major arterial system of streets or highways.

AUTHORIZED EMERGENCY VEHICLE.  Emergency vehicles of city departments or public service corporations as are designated or authorized by proper local authorities; police vehicles; vehicles of the Fire Department; vehicles of a HazMat or technical rescue team authorized by a county board under Section 5-1127 of the Counties Code; ambulances; vehicles of the Illinois Emergency Management Agency; vehicles of the Office of the Illinois State Fire Marshal; mine rescue and explosives emergency response vehicles of the Department of Natural Resources; vehicles of the Illinois Department of Public Health; and vehicles of a municipal or county emergency services and disaster agency as defined by the Illinois Emergency Management Agency Act. (ILCS Ch. 625, Act 5, § 1-105)

 BUS.  Every motor vehicle, other than a commuter van, designed for carrying more than ten persons.  (ILCS Ch. 625, Act 5, § 1-107)

BUSINESS DISTRICT.  The territory contiguous to and including a highway when within 600 feet along the highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, or office buildings, railroad stations, and public buildings which occupy at least 300 feet of frontage on one side, or 300 feet collectively on both sides of the highway.  (ILCS Ch. 625, Act 5, § 1-108)

COMMERCIAL DRIVER’S LICENSE (CDL).  A license issued by a state or other jurisdiction, in accordance with the standards contained in 49 C.F.R. Part 383, to an individual which authorizes the individual to operate a class of a commercial motor vehicle.  (ILCS Ch. 625, Act 5, § 1-111.6)

COMMERCIAL VEHICLE.  Any vehicle operated for the transportation of persons or property in the furtherance of any commercial or industrial enterprises, for-hire or not-for-hire, but not including, a commuter van, an arrangement when being used for that purpose, or a recreational vehicle not being used commercially.  (ILCS Ch. 625, Act 5, § 1-111.8)

CONTROLLED-ACCESS HIGHWAY.  Every highway, street, or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same, except at such points only and in such manner as may be determined by the public authority having jurisdiction over the highway, street, or roadway.  (ILCS Ch. 625, Act 5, § 1-112)

 

CROSSWALK.

(1)            That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway, and in the absence of a sidewalk on one side of a highway, that part of the highway included within the extension of the lateral line of the existing sidewalk to the side of the highway without the sidewalk, with the extension forming a right angle to the centerline of the highway;

(2)            Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface, placed in accordance with the provisions in the manual adopted by the Department of Transportation as authorized in ILCS Ch. 625, Act 5 § 11-301)

(ILCS CH. 625, Act 5, § 1-113)

DRIVER.  Every person who drives or is in actual physical control of a vehicle.  (ILCS Ch. 625, Act 5, § 1-116)

 ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE.  A self-balancing two non-tandem wheeled device designed to transport only one person with an electric propulsion system that limits the maximum speed of the device to 15 miles per hour or less.  (ILCS Ch. 625, Act 5, § 1-117.7)

FARM TRACTOR.  Every motor vehicle designed and used primarily as a farm implement for drawing wagons, plows, mowing machines, and other implements of husbandry, and every implement of husbandry which is self-propelled.  (ILCS Ch. 625, Act 5, § 1-120)

 GROSS WEIGHT.  The weight of a vehicle, whether operated singly or in combination, without load, plus the weight of load thereon.  (ILCS Ch. 625, Act 5, § 1-125)

 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 or located on public school property.  (ILCS Ch. 625, § 1-126)

 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, provided that no farm wagon, wagon trailer, or like vehicle having a gross weight of more than 36,000 pounds, shall be included hereunder.  (ILCS Ch. 625, Act 5, § 1-130)

IMPROVED HIGHWAY.  Any roadway of concrete, brick, asphalt, macadam and crushed stone, or gravel.  (ILCS Ch. 625, Act 5, § 1-131)

 

INTERSECTION.

 (1)            The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different roadways joining at any other angle may come in conflict.

 (2)            Where a highway includes two roadways 40 feet or more apart, then every crossing of each roadway of the divided highway by an intersecting highway shall be regarded as a separate intersection.

 (3)            The junction of an alley with a street or highway does not constitute an intersection.

(ILCS Ch. 625, Act 5, § 1-132)

 LANE-CONTROL SIGNAL.  An official traffic-control device consisting of an electrically controlled and illuminated signal of a square or rectangular design, and employing distinctive colors or symbols used  to  control the direction of vehicular flow  on  the particular lane to which the indication applies.  (ILCS Ch. 625, Act 5, § 1-135)

 LANED ROADWAY.  A roadway which is divided into two or more clearly marked lanes for vehicular traffic.  (ILCS Ch. 625, Act 5, § 1-136)

LEASE.  A written document vesting exclusive possession, use, control, and responsibility of the lessee during the periods the vehicle is operated by or for the lessee for a specific period of time.  (ILCS Ch. 625, Act 5, § 1-137)

LICENSE TO DRIVE.  Any driver’s license or any other license or permit to operate a motor vehicle issued under the laws of this state including:

 (1)            Any temporary license or instruction permit:

 (2)            The privilege of any person to drive a motor vehicle, whether or not the person holds a valid license or permit;

 (3)            Any nonresident’s driving privilege as defined herein.

(ILCS Ch. 625, Act 5, § 1-138)

 LOCAL AUTHORITIES.  Every county, city, and other local board or body having authority to enact laws relating to traffic under the constitution and laws of this state and each road district highway commissioner having that authority.  (ILCS Ch. 625, Act 5, § 1-140)

 MAIL.  To deposit in the United States mail properly addressed and with postage prepaid.  (ILCS Ch. 625, Act 5, § 1-141)

MERGING TRAFFIC.  A maneuver executed by the drivers of vehicles, on converging roadways to permit entry into the junction thereof, wherein the driver of each vehicle involved is adjust his vehicular speed and lateral position so as to avoid a collision with any other vehicle.

 MOPED.  A motor-driven cycle, with or without optional power derived from manually operated pedals, whose speed attainable in one mile is at least 20 mph but not greater than 30 mph, and is equipped with a motor that produces two brake horsepower or less. If an internal combustion engine is used, the displacement shall not exceed 50 cubic centimeter displacement and the power drive system shall not require the operator to shift gears.  (ILCS Ch. 625, Act 5, § 1-148.2)

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, motorized wheelchairs, low-speed electric bicycles, and low-speed gas bicycles. For the section, motor vehicles are divided into two divisions:

 (1)            First division.  Those motor vehicles which are designed for carrying not more than ten persons.

 (2)            Second division.  Those motor vehicles which are designed for carrying more than ten persons, those designed or used for living quarters, and those motor vehicles which are designed for pulling or carrying freight or cargo, and those motor vehicles of the first division remodeled for use and used as motor vehicles of the second division.

(ILCS Ch. 625, Act 5, § 1-146)

MOTOR-DRIVEN CYCLE.  Every motorcycle and every motor scooter with less than 150 cubic centimeter piston displacement, including motorized pedalcycles.  (ILCS Ch. 625, Act 5, § 1-145.001)

MOTORCYCLE.  Every motor vehicle having a seat or saddle for the use of the rider, and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor.  (ILCS Ch. 625, Act 5, § 1-147)

 NONCOMMERCIAL VEHICLE.  Any vehicle that is not a commercial vehicle.  (ILCS Ch. 625, Act 5, § 1-148.6)

NOT-FOR-HIRE.  Operation of a commercial vehicle in furtherance of any commercial or industrial enterprise, but not-for-hire.  (ILCS Ch. 625, Act 5, § 1-153)

OFFICIAL TRAFFIC-CONTROL DEVICES.  All signs, signals, markings, and devices which conform with the state manual, and not inconsistent with this title, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic.  (ILCS Ch. 625, Act 5, § 1-154)

OWNER.  A person who holds legal title of a motor vehicle, or in the event a motor vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the condition stated in the agreement, and with an immediate right of possession vested in the conditional vendee or leasee, or in the event a mortgagor of the motor vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this title.

PARK or PARKING.  The standing of a vehicle, whether occupied or not, otherwise than when temporarily and actually engaged in loading or unloading merchandise or passengers.  (ILCS Ch. 625, Act 5, § 1-156)

 PASSENGER CAR.  A motor vehicle of the first division, including a multipurpose passenger vehicle, that is designed for carrying not more than ten persons.  (ILCS Ch. 625, Act 5, § 1-157)

 PEDESTRIAN.  Any person afoot or wearing in-line speed skates, including a person with a physical, hearing, or visual disability.  (ILCS Ch. 625, Act 5, § 1-158)

PERSON WITH DISABILITIES.  A natural person who, as determined by a licensed physician, by a physician assistant who has been delegated the authority to make this determination by his or her supervising physician, or by an advanced practice nurse who has a written collaborative agreement with a collaborating physician that authorizes the advanced practice nurse to make this determination:

 (1) Cannot walk without the use of, or assistance from, a brace, cane, crutch, another person, prosthetic device, wheelchair, or other assistive device;

 (2) Is restricted by lung disease to such an extent that his or her forced (respiratory) expiratory volume for one second, when measured by spirometry, is less than one liter, or the arterial oxygen tension is less than 60 mm/hg on room air at rest;

 (3) Uses portable oxygen;

 (4) Has a cardiac condition to the extent that the person’s functional limitations are classified in severity as Class III or Class IV, according to standards set by the American Heart Association;

 (5) Is severely limited in the person’s ability to walk due to an arthritic, neurological, or orthopedic condition;

 (6) Cannot walk 200 feet without stopping to rest because of one of the above five conditions; or

 (7) Is missing a hand or arm or has permanently lost the use of a hand or arm.  (ILCS Ch. 625, Act 5, § 1-159.1)

 POLICE OFFICER.  Every officer authorized to direct or regulate traffic, or to make arrests and issue citations for violations of traffic regulations.  (ILCS Ch. 625, Act 5, § 1-162)

PRINCIPAL PLACE OF BUSINESS.  The place where any person transacts his principal business, or where he makes up and approves his payroll, maintains a central file of records, and maintains his principal executive offices. In the event that not all of these functions are performed in one place, then that place where a majority of these functions are performed, or the place where the person does in fact principally transact and control his business affairs shall be considered as the principal place of business.  (ILCS Ch. 625, Act 5, § 1-162.5)

 PRIVATE ROAD or DRIVEWAY.  Every way or place in private ownership, and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.  (ILCS Ch. 625, Act 5, § 1-163)

 RAILROAD-HIGHWAY GRADE CROSSING.  The intersection of stationary rails owned or used in the operation of a railroad corporation across a highway. (ILCS Ch. 625, Act 5, § 1-166.1)

 RAILROAD SIGNS or SIGNAL.  Any sign, signal, or device, other than an official traffic-control signal or device, erected in accordance with the laws governing the same, and intended to give notice of the presence of railroad tracks or the approach of a railroad train or railroad track equipment.  (ILCS Ch. 625, Act 5, § 1-167)

 RAILROAD TRAIN.  A steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails, except streetcars.  (ILCS Ch. 625, Act 5, § 1-168)

RECREATIONAL VEHICLE.  Every camping trailer, motor home, mini motor home, travel trailer, truck camper, or van camper used primarily for recreational purposes, and not used commercially nor owned by a commercial business.  (ILCS Ch. 625, Act 5, § 1-169)

REGISTRATION.  The registration certificate or certificates and registration plates issued under the laws of this state pertaining to the registration of vehicles.  (ILCS Ch. 625, Act 5, § 1-171)

 REGISTRATION STICKER.  A device to be attached to a registration plate that will renew the registration and registration plate or plates for a predetermined period, not to exceed on registration year.  (ILCS Ch. 625, Act 5, § 1-171)

REMOVE.  Includes removing, defacing, covering, or destroying.

 RESCUE SQUAD.  A voluntary association of individuals, or a fire department, dedicated to saving lives through the rescue of persons entrapped in wrecked vehicles or other hazardous circumstances, and associated with some unit of government.  (ILCS Ch. 625, § 1-171.6)

 RESCUE VEHICLE.  Any publicly or privately owned vehicle which is specifically designed, configured, and equipped for the performance of access and extrication of persons from hazardous or life-endangering situations, as well as for the emergency transportation of persons who are sick, injured, wounded, or otherwise incapacitated or helpless. (ILCS Ch. 625, Act 5, § 1-171.8)

RESIDENCE DISTRICT.  The territory contiguous to and including a highway, not comprising a business district, when the property on the highway for a distance of 300 feet or more is in the main improved with residences or residences and buildings in use for business.  For purposes of establishing maximum speed limits, a RESIDENCE DISTRICT shall be at least a quarter of a mile long with residences or residences and buildings in use for businesses spaced no more than 500 feet apart. (ILCS Ch. 625, Act 5, § 1-172)

RETAIL SALE.  The act or attempted act of selling vehicles or otherwise disposing of a vehicle to a person for use as a consumer. (ILCS Ch. 625, Act 5, § 1-174)

REVERSIBLE LANE.  A lane of a two or more laned roadway upon which traffic may be directed to move in either direction by means of lane-control signals or other devices, in conjunction with official signs.

 REVOCATION OF DRIVER’S LICENSE.  The termination by formal action of the secretary, of a person’s license or privilege to operate a motor vehicle on the public highways, which termination shall not be subject to renewal or restoration, except that an application for a new license may be presented and acted upon by the secretary after the expiration of at least one year after the date of revocation. (ILCS Ch. 625, Act 5, § 1-176)

 RIGHT-OF-WAY.  The right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed, and proximity as to give rise to danger of collision, unless one grants precedence to the other.  (ILCS Ch. 625, Act 5, § 1-177)

 ROAD TRACTOR.  Every motor vehicle designed and used for drawing other vehicles, and not so constructed as to carry any load thereon, either independently or any part of the weight of a vehicle or load so drawn. (ILCS Ch. 625, Act 5, § 1-178)

ROADWAY.  That portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder.  In the event a highway includes two or more separate roadways, the term ROADWAY as used herein shall refer to any such roadway separately, but not to all such roadways collectively. (ILCS Ch. 625, Act 5, § 1-179)

 SAFETY ZONE.  The area or space officially set apart within a roadway for the exclusive use of pedestrians, and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. (ILCS Ch. 625, Act 5, § 1-181)

SCHOOL BUS.

 (1)            Every motor vehicle, except as provided in division (2) below, owned or operated by or for any of the following entities for the transportation of persons regularly enrolled as students in grade 12 or below in connection with any activity of the entity:

 (a)            A public or private primary or secondary school;

(b)            A primary or secondary school operated by a religious institution; or

(c)            Any public, private, or religious nursery school.

(2)            This definition does not include the following:

(a)            A bus operated by a public utility, city corporation, or common carrier authorized to conduct local or interurban transportation of passengers when the bus is not traveling a specific school bus route but is:

1.            On a regularly scheduled route for the transportation of other fare-paying passengers;

2.            Furnishing charter service for the transportation of groups on field trips or other special trips or in connection with special events; or

3.            Being used for shuttle service between attendance centers or other educational facilities.

(b)            A motor vehicle of the First Division.

(c)            A multifunction school-activity bus.

(ILCS Ch. 625, Act 5, § 1-182)

 SEMITRAILER.  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 its weight and that of its load rests upon or is carried by another vehicle. (ILCS Ch. 625, Act 5, § 1-187)

 SHOULDER.  That portion of the highway adjacent to the roadway for accommodating stopped vehicles or for emergency use.  (ILCS Ch. 625, Act 5, § 1-187.1)

 SIDEWALK.  That portion of a street between the curb lines, or the lateral lines of roadway and the adjacent property lines, intended for use of pedestrians. (ILCS Ch. 625, Act 5, § 1-188)

SPEED-CHANGE LANE.  An auxiliary lane, including tapered areas, primarily for the acceleration or deceleration of vehicles entering or leaving the through traffic lanes. (ILCS Ch. 625, Act 5, § 1-193)

 STAND or STANDING.  The halting of a vehicle, whether occupied or not, otherwise than when temporarily and actually engaged in receiving or discharging passengers.  (ILCS Ch. 625, Act 5, § 1-194)

STATE.  A state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a province of the Dominion of Canada. (ILCS Ch. 625, Act 5, § 1-195)

STATE HIGHWAYS.  Defined in the Illinois Highway Code as the same may from time to time be amended. (ILCS Ch. 625, Act 5, § 1-196)

STATE POLICE.  The Illinois state police. (ILCS Ch. 625, Act 5, § 1-197)

STOP.  The complete cessation from movement. (ILCS Ch. 625, Act 5, § 1-199)

STOP or STOPPING.  Any halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic, or in compliance with the directions of a police officer or traffic-control sign or signal. (ILCS Ch. 625, Act 5, § 1-200)

 STREET.  The entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. (ILCS Ch. 625, Act 5, § 1-201)

SUBURBAN DISTRICT.  That portion of any city, city, or incorporated town, other than the business and residence districts. (ILCS Ch. 625, Act 5, § 1-203)

 THROUGH HIGHWAY.  Every highway or portion thereof on which vehicular traffic is given preferential right-of-way, and at the entrances to which vehicular traffic from intersecting highways is required by law to yield the right-of-way to vehicles on the through highway in obedience to either a stop sign or a yield sign, when those signs are erected as provided in this title. (ILCS Ch. 625, Act 5, § 1-205)

 TOW TRUCK.  Every truck designed or altered and equipped for and used to push, tow, carry upon, or draw vehicles by means of a crane, hoist, towbar, towline, or auxiliary axle, or carried upon to render assistance to disabled vehicles.  (ILCS Ch. 625, Act 5, § 1-205.1)

TRAFFIC.  Pedestrians, ridden or herded animals, vehicles, streetcars, and other conveyances either singly or together while using any highway for purposes of travel. (ILCS Ch. 625, Act 5, § 1-207)

TRAFFIC-CONTROL SIGNAL.  Any official traffic-control device other than a railroad sign or signal, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.  (ILCS Ch. 625, Act 5, § 1-208)

 TRAFFIC REGULATIONS.  Any provision of this code or other regulatory ordinance the purpose of which is to directly control or improve traffic and safety of both vehicles and pedestrians.

 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. (ILCS Ch. 625, Act 5, § 1-209)

 TRAVEL TRAILER.  A trailer, not used commercially, designed to provide living quarters for recreational, camping, or travel use, and of a size or weight not requiring an overdimension permit when towed on a highway. (ILCS Ch. 625, Act 5, § 1-210.01)

 TRUCK.  Every motor vehicle designed, used, or maintained primarily for the transportation of property. (ILCS Ch. 625, Act 5, § 1-211)

 TRUCK CAMPER.  A truck, not used commercially,  when equipped with a portable unit  designed to be loaded onto the bed which is construed to provide temporary living quarters for recreational, travel, or camping use. (ILCS Ch. 625, Act 5, § 1-211.01)

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. (ILCS Ch. 625, Act 5, § 1-212)

URBAN DISTRICT.  The territory contiguous to and including any street which is built up with structures devoted to business, industry, or dwelling houses, and situated at intervals of less than 100 feet for a distance of 1/4 mile or more. (ILCS Ch. 625, Act 5, § 1-214)

URBAN AREA.  An urban area is any incorporated or unincorporated area developed primarily for residential or business purposes. (ILCS Ch. 625, Act 5, § 1-214.8)

VEHICLE.

(1)            Every device, in, upon or by which any person or property is or may be transported or drawn upon a highway or requiring a certificate of title under ILCS Ch. 625, Act 5, § 3-101(d), except devices moved by human power, devices used exclusively upon stationary rails or tracks and snowmobiles as defined in the Snowmobile Registration and Safety Act.

(2)            For the purposes of this section, unless otherwise prescribed, a device shall be considered to be a vehicle until such time it either comes within the definition of a junk vehicle, as defined under this section, or a junking certificate is issued for it.

 (3)            For this section, vehicles are divided into two divisions:

 (a)            First division: Those motor vehicles which are designed for the carrying of not more than ten persons;

 (b)            Second division: Those vehicles which are designed for carrying more than ten persons, those designed or used for living quarters and those vehicles which are designed for pulling or carrying property, freight or cargo, those motor vehicles of the first division remodeled for use and used as motor vehicles of the second division, and those motor vehicles of the first division used and registered as school buses.  (ILCS Ch. 625, Act 5, § 1-217)

 YIELD RIGHT-OF-WAY.  When required by an official sign, the act of granting the privilege of the immediate use of the intersecting roadway to traffic within the intersection and to vehicles approaching from the right or left, but when the roadway is clear may proceed into the intersection.

 

OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS

§ 70.10  OBEDIENCE TO POLICE OFFICERS.

No person shall wilfully fail or refuse to comply with any lawful order or direction of any police officer, fireman, or school crossing guard invested by law with authority to direct, control, or regulate traffic. Any person convicted of violating this section is guilty of a petty offense and shall be subject to a mandatory fine of $150.

(ILCS Ch. 625, Act 5, § 11-203) Penalty, see § 70.99

§ 70.11  PUBLIC OFFICERS AND EMPLOYEES TO OBEY TRAFFIC CODE; EXCEPTIONS.

 (A)            The provisions of this traffic code applicable to the drivers of vehicles upon the highways shall apply to the drivers of all vehicles owned or operated by the United States, the state, or any county, city, town, district, or any other political subdivision of the state, except as provided in this section, and subject to specific exceptions as set forth in this title with reference to authorized emergency vehicles.

 (B)            The driver of an authorized emergency vehicle, when responding to an emergency call, or when in the pursuit of an actual or suspected violator of the law, or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions herein stated.

 (C)            The driver of an authorized emergency vehicle may:

 (1)            Park or stand, irrespective of the provisions of this traffic code;

 (2)            Proceed past a red or stop signal or stop sign, but only after slowing down as may be required and necessary for safe operation;

 (3)            Exceed the maximum speed limits so long as he does not endanger life or property;

 (4)            Disregard regulations governing the direction of movement or turning in specified directions;

 (D)            The exceptions herein granted to an authorized emergency vehicle, other than a police vehicle, shall apply only when the vehicle is making use of either an audible signal when in motion, or visual signals.

 (E)            The foregoing provisions do not relieve the driver of an authorized emergency vehicle from the duty of driving with due regard for the safety of all persons, nor do these provisions protect the driver from the consequences of his reckless disregard for the safety of others.

 (F)            Unless specifically made applicable, the provisions of this traffic code shall not apply to persons, motor vehicles, and equipment while actually engaged in work upon the highway, but shall apply to such persons and vehicles when traveling to or from such work.

(ILCS Ch. 625, Act 5, § 11-205) Penalty, see § 70.99

 

§ 70.12  TRAFFIC LAWS APPLY TO PERSONS RIDING ANIMALS OR DRIVING ANIMAL-DRAWN VEHICLES.

Every person riding an animal or driving an animal-drawn vehicle upon a roadway shall be granted all of the rights, and shall be subject to all of the duties applicable to the driver of a vehicle by this chapter, except those provisions of this chapter which by their very nature can have no application.

(ILCS Ch. 625, Act 5, § 11-206) Penalty, see § 70.99

 

 § 70.13  FLEEING OR ATTEMPTING TO ELUDE POLICE OFFICER.

It shall be unlawful for any driver or operator of a motor vehicle who, having been given a visual or audible signal by a police officer directing the driver or operator to bring his vehicle to a stop, willfully fails or refuses to obey that direction, increases his speed, extinguishes his lights, or otherwise flees or attempts to elude the officer.  The signal given by the police officer may be by hand, voice, siren, or a red or blue light.  However, the officer giving the signal shall be in police uniform and, if driving a vehicle, the vehicle shall be marked showing it to be an official police vehicle.

Penalty, see § 70.99

 

 TRAFFIC SIGNS, SIGNALS, AND MARKINGS

§ 70.30  OBEDIENCE TO TRAFFIC-CONTROL DEVICES.

 (A)            The driver of any vehicle shall obey the instructions of any official traffic-control accordance with this chapter, unless otherwise directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this traffic code.

 (B)            It is unlawful for any person to leave the roadway and travel across private property to avoid an official traffic-control device.

 (C)            No provision of this traffic code, for which official traffic-control devices are required, shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible to be seen by an ordinarily observant person.  Whenever a particular section does not state that official traffic-control devices are required, the section shall be effective even though no devices are erected or in place.

 (D)            Whenever any official traffic-control device is placed or held in position approximately conforming to the requirements of this traffic code, the device shall be presumed to have been so placed or held by the official act or direction of lawful authority, and comply with the requirements of this traffic code, unless the contrary shall be established by competent evidence.

(E)            The driver of a vehicle approaching a traffic-control signal on which no signal light facing the vehicle is illuminated shall stop before entering the intersection, in accordance with rules applicable in making a stop at a stop sign.

(ILCS Ch. 625, Act 5, § 11-305) Penalty, see § 70.99

 

 § 70.31  TRAFFIC-CONTROL SIGNAL LEGEND.

Whenever traffic is controlled by traffic-control signals exhibiting different colored lights or color lighted arrows, successively one at a time or in combination, only the colors green, red and yellow shall be used, except for special pedestrian signals carrying a word legend, and the lights shall indicate and apply to drivers of vehicles and pedestrians as follows:

(A)            Green indication.

(1)            Vehicular traffic facing a circular green signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. Vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.

 (2)            Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by such arrow, or such other movement as is permitted by other indications shown at the same time. Such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.

 (3)            Unless otherwise directed by a pedestrian-control signal, as provided in § 70.32, pedestrians facing any green signal, except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.

 (B)            Steady yellow indication.

 (1)            Vehicular traffic facing a steady circular yellow or yellow arrow signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter.

 (2)            Pedestrians facing a steady circular yellow or yellow arrow signal, unless otherwise directed by a pedestrian-control signal as provided in § 70.32, are thereby advised that there is insufficient time to cross the roadway before a red indication is shown and no pedestrian shall then start to cross the roadway.

 (C)            Steady red indication.

 (1)            Except as provided in divisions (C)(3)  and (4) of this section, vehicular traffic facing a steady circular red signal alone shall stop at a clearly marked stop line, but if there is no such stop line, before entering the crosswalk on the near side of the intersection, or if there is no such crosswalk, then before entering the intersection, and shall remain standing until an indication to proceed is shown.

 (2) Except as provided in divisions (C)(3) and (4) of this section, vehicular traffic facing a steady red arrow signal shall not enter the intersection to make the movement indicated by the arrow and, unless entering the intersection to make a movement permitted by another signal, shall stop at a clearly marked stop line, but if there is no such stop line, before entering the crosswalk on the near side of the intersection, or if there is no such crosswalk, then before entering the intersection, and shall remain standing until an indication permitting the movement indicated by such red arrow is shown.

 (3) Except when a sign is in place prohibiting a turn and local authorities by ordinance or state authorities by rule or regulation prohibit any such turn, vehicular traffic facing any steady red signal may cautiously enter the intersection to turn right, or to turn left from a one-way street into a one-way street, after stopping as required by divisions (C)(1) or (C)(2) of this section.  After stopping, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection or junction or roadways. Such driver shall yield the right-of-way to pedestrians within the intersection or an adjacent crosswalk.

 (4) In municipalities with less than 2,000,000 inhabitants, after stopping as required by divisions (A)(1) or (2) of this section, the driver of a motorcycle or bicycle, facing a steady red signal which fails to change to a green signal within a reasonable period of time not less than 120 seconds because of a signal malfunction or because the signal has failed to detect the arrival of the motorcycle or bicycle due to the vehicle’s size or weight, shall have the right to proceed, after yielding the right of way to oncoming traffic facing a green signal, subject to the rules applicable after making a stop at a stop sign as required by ILCS Ch. 625, Act 5, § 11-1204.

 (5) Unless otherwise directed by a pedestrian-control signal as provided in § 70.32, pedestrians facing a steady circular red or red arrow signal alone shall not enter the roadway.

 (D) In the event an official traffic control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to provisions which by their nature can have no application. Any stop required shall be at a traffic sign or a marking on the pavement indicating where the stop shall be made or, in the absence of such sign or marking, the stop shall be made at the signal.

(ILCS Ch. 625, Act 5, § 11-306) Penalty, see § 70.99

§ 70.32  PEDESTRIAN-CONTROL SIGNALS.

Whenever special pedestrian-control signals exhibiting the words “Walk” or “Don’t Walk” or the illuminated symbols of a walking person or an upraised palm are in place, these signals shall indicate as follows:

 (A)            “Walk” or walking person symbol. Pedestrians facing this signal may proceed across the roadway in the direction of the signal, and shall be given the right-of-way by the drivers of all vehicles.

 (B)            “Don’t Walk” or upraised palm signal.  No pedestrian shall start to cross the roadway in the direction of this signal, but any pedestrian who has partly completed his crossing on the “Walk” signal or upraised palm symbol shall proceed to a sidewalk or safety island while the “Don’t Walk” signal or upraised palm symbol is illuminated, steady, or flashing.

(ILCS Ch. 625, Act 5, § 11-307) Penalty, see § 70.99

 

 § 70.33  LANE-CONTROL SIGNALS.

Whenever lane-control signals are used in conjunction with official signs, they shall have the following meanings:

 (A)            Downward-pointing green arrow.  A driver facing this indication is permitted to drive in the lane over which the arrow signal is located.  Otherwise, he shall obey all other traffic controls present and follow normal safe driving practices.

 (B)            Red X symbol.  A driver facing this indication shall not drive in the lane over which the signal is located, and this indication shall modify accordingly the meaning of all other traffic controls present.  Otherwise he shall obey all other traffic controls, and follow normal safe driving practices.

 (C)            Yellow X (steady).  A driver facing this indication should prepare to vacate the lane over which the signal is located, in a safe manner to avoid, if possible, occupying that lane when a steady red X is displayed.

 (D)            Flashing yellow arrow.  A driver facing this indication may use the lane only for the purpose of approaching and making a left turn.

(ILCS Ch. 625, Act 5, § 11-308) Penalty, see § 70.99

§ 70.34  FLASHING SIGNALS.

Whenever an illuminated flashing red or yellow signal is used in conjunction with a traffic-control device, it shall require obedience by vehicular traffic as follows:

 (A)            Flashing red (stop signal).  When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then at a point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign.

 (B)            Flashing yellow (caution signal).  When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past the signal only with caution.

 (C)            This section does not apply at railroad grade crossings.

(ILCS Ch. 625, Act 5, § 11-309) Penalty, see § 70.99

 

 § 70.35  DISPLAY OF UNAUTHORIZED SIGNS, SIGNALS, MARKINGS, OR ADVERTISING SIGNS.

(A)            No person shall place, maintain, or display upon or in view of any highway any unauthorized sign, signal, marking, or device which purports to be, or is an imitation of, or resembles an official traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the movement of traffic or the effectiveness of any traffic-control device or any railroad sign or signal.

(B)            No person may place or maintain, nor may any public authority permit, upon any highway any traffic sign or signal bearing thereon any commercial advertising.

 (C)            Every prohibited sign, signal, or marking is declared to be a public nuisance, and the authority having jurisdiction over the highway is empowered to remove the same, or cause it to be removed without notice.

 (D)            No person shall sell or offer for sale any traffic-control device to be used on any street or highway in this city which does not conform to the requirements of this chapter.

(ILCS Ch. 625, Act 5, § 11-310) Penalty, see § 70.99

 

 § 70.36  INTERFERENCE WITH OFFICIAL TRAFFIC-CONTROL DEVICES OR RAILROAD SIGNS OR SIGNALS.

 (A) No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock down, or remove any official traffic-control device, or any railroad sign or signal or any inscription, shield, or insignia thereon, or any other part thereof.

 (B) Every person who is convicted of a violation of this section shall be punished by a fine of at least $250 in addition to any other penalties which may be imposed.

(ILCS Ch. 625, Act 5, § 11-311)

§ 70.37  UNLAWFUL USE OR DAMAGE TO HIGHWAYS, APPURTENANCES, AND STRUCTURES.

(A) It shall be unlawful for any person to willfully injure or damage any public highway or street, or any bridge or culvert, or to willfully damage, injure, or remove any sign, signpost, or structure upon or used or constructed in connection with any public highway or street for the protection thereof, or for the protection or regulation of traffic thereon, by any willfully unusual, improper, or unreasonable use thereof, or by willfully careless driving or use of any vehicle thereon, or by willful mutilation, defacing, destruction, or removal thereof.

(B) Every person who is convicted of a violation of this section shall be punished by a fine of at least $250 in addition to any other penalty which may be imposed.

(ILCS Ch. 625, Act 5, § 11-312) Penalty, see § 70.99

 

§ 70.38  UNLAWFUL POSSESSION OF HIGHWAY SIGN OR MARKER.

The City Street Department, with reference to traffic-control signs, signals, or markers owned by the city, is authorized to indicate the ownership of the signs, signals, or markers in letters not less than 3/8 inch, or more than 3/4 inch in height, by use of a metal stamp, etching, or other permanent means.

Except for employees of the City Street Department, police officers, contractors and their employees engaged in a highway construction contract or work on the highway approved by the city, it  is unlawful for  any person to possess a sign, signal, or marker so identified.

(ILCS Ch. 625, Act 5, § 11-313) Penalty, see § 70.99

 

 § 70.39  ZONES OF QUIET.

Whenever authorized signs are erected indicating a zone of quiet, no person operating a motor vehicle within the zone shall sound the horn or other warning device except in an emergency.

 

 § 70.40  NO-TURNING SIGNS AND TURNING MARKERS.

Whenever authorized signs are erected indicating that no right or left or U-turn is permitted no driver of a vehicle shall disobey the directions of the sign.  When authorized marks, buttons, or other indications are placed within an intersection indicating the course to be traveled by vehicles, no driver of a vehicle shall disobey the directions of the indications.

 

§ 70.41  STOP AND YIELD SIGNS.

 (A) Preferential right-of-way at an intersection may be indicated by stop signs or yield signs as authorized in ILCS Ch. 625, Act 5, § 11-302.

 (B) Except when directed to proceed by a police officer or traffic-control signal, every driver of a vehicle and every motorman of a streetcar approaching a stop intersection indicated by a stop sign shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, shall stop at a clearly marked stop line, but if none, then at the point nearest the intersection roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection.

(C) The driver of a vehicle approaching a yield sign if required for safety to stop shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway.

(ILCS Ch. 625, Act 5, § 11-1204) Penalty, see § 70.99

§ 70.42  LOCATION OF CITY TRAFFIC-CONTROL SIGNS.

The locations of authorized traffic-control signs in the city are set forth in Chapters 77 and 78 of this title.

§ 70.43  EXCESSIVE ENGINE BRAKING NOISE.

 (a) Definition. For the purpose of this section, the term COMPRESSION RELEASE ENGINE BRAKE shall mean any device installed or operating as a part of a diesel engine equipped vehicle which reduces the speed of said vehicle by altering the air flow within the engine causing the emission of compressed air from the exhaust of said vehicle.

 (B) Prohibition use. The use of compression release engine brakes to brake or decelerate by any vehicle so equipped traveling through the corporate limits of Farmer City is hereby prohibited.

 (C) Affirmative defense. It shall be an affirmative defense to a violation of this section that compression release engine brakes were or are used in circumstances where such use was necessary to avoid personal injury or accident.

 (D) Signs posted. The erection of signs conforming to the Manual on Uniform Traffic Control Devices shall be erected and placed under guidance of the Illinois Department of Transportation at all roadway entrances to the city. The signs shall state “Excessive Engine Braking Noise Prohibited”.

(Ord. 869, passed 1-4-2010)

 

 § 70.99  PENALTY.

 (A) Traffic violations.  Every person convicted of a violation of any provision of this traffic code for which another penalty is not provided shall, for a first or second conviction thereof, be guilty of a petty offense and, for a third or subsequent conviction within one year after the first conviction, be guilty of a Class C misdemeanor.  (ILCS Ch. 625, Act 5, § 16-104)

(B) Parking violations.  Any person accused of a violation of any provision of this traffic code prohibiting parking a vehicle in a designated area, or restricting the length of time a vehicle may be there parked, or parking in a metered area without putting a coin in the meter to cover the required time, may settle and compromise the claim against him for such illegal parking by paying the city $25 for each such offense if paid within five days.  Such payment may be made at the police station, a receipt shall be issued for all money so received, and such money shall be promptly turned over to the City Clerk to be credited to the General Fund.  The members of the Police Department are hereby authorized to refrain from instituting a prosecution for the alleged offense involved unless the judgment is not satisfied within the allotted five days.  This section shall not apply to persons parking a vehicle so as to obstruct the entrance or exit of any place where Police or Fire Department apparatus or other emergency equipment is kept or housed, or so as to block an emergency entrance in a hospital; nor shall this section apply to any person charged with parking a vehicle so as to entirely obstruct traffic in any street or alley, or parking in such a way as to reduce traffic on an arterial street to one-way traffic only; nor to any person who refuses to move a vehicle illegally parked at the request of any member of the Police Department. Such instances will be handled in accordance with ILCS Ch. 625, Act 5, § 11-1302, officers authorized to remove vehicles.

(C) Upon conviction of a violation of § 70.43, the court shall impose upon the violator a fine of not less than $100 nor more than $500 per offense.

(Am. Ord. 858, passed 5-4-09; Am. Ord. 869, passed 1-4-2010)

 
CHAPTER 71:  RULES OF OPERATION

 Section

            Speed Restrictions

71.001  Speed limits

71.002  Special speed limits while passing schools and while traveling through highway construction or maintenance zones

71.003  Maximum attainable operating speed

71.004  Minimum speed regulation

 

            Turning and Starting; Signals

71.020  Required position and method of turning at intersections

71.021  Limitations on U-turns

71.022  Starting parked vehicle

71.023  When signal required

71.024  Signal by hand and arm or signal device

71.025  Method of giving hand and arm signals

 

            Overtaking and Passing

71.040  Driving on right side of roadway; exceptions

71.041  Passing vehicles proceeding in opposite directions

71.042  Overtaking vehicles on the left

71.043  When overtaking on the right is permitted

71.044  Limitations on overtaking on the left

71.045  Meeting or overtaking school bus

71.046  One-way roadways and rotary traffic islands

71.047  No-passing zones

71.048  Driving on roadways laned for traffic

 

            Right-of-Way

71.060  Vehicles approaching or entering intersection

71.061  Vehicle turning left

71.062  Vehicles entering stop crosswalk

71.063  Vehicle entering stop or yield intersection

71.064   Merging traffic

71.065   Vehicle entering highway from private road or driveway

71.066   Operation of vehicles on approach of authorized emergency vehicles

71.067   Funeral processions

 

            Special Stops Required

71.080            Obedience to signal indicating approach of train or railroad track equipment

71.081            Certain vehicles must stop at all railroad grade crossings

71.082            Emerging from alley, building, private road, or driveway

71.083            Stop when traffic obstructed

 

            Prohibitions

71.095            Backing

71.096            Following vehicle too closely

71.097            Obstruction of driver’s view or driving mechanism

71.098            Opening vehicle doors

71.099            Coasting

71.100            Following fire apparatus; driving over fire hose

71.101            Driving upon sidewalk

71.102            Use of roller skates, coasters, or similar devices

71.103            Depositing material on highway prohibited

71.104            Obstructing person in highways

71.105            Farm tractor operation

71.106            Driving on controlled-access highway

 

            Parades

71.120            Definitions

71.121            Permit required

71.122            Application for permit

71.123            Standards for issuance of permit

71.124            Notice of rejection of permit application

71.125            Appeal procedure when permit denied

71.126            Alternative permit

71.128            Contents of permit

71.129            Duties of permittee

71.130            Public conduct during parades

71.131            Revocation of permit

 

SPEED RESTRICTIONS

 § 71.001  SPEED LIMITS.

 (A)            No vehicle may be driven upon any highway of this city at a speed which is greater than is reasonable and proper with regard to traffic conditions and the use of the highway, or which endangers the safety of any person or property.  The fact that the speed of a vehicle does not exceed the applicable maximum speed limit does not relieve the driver from the duty to decrease speed when approaching and crossing an intersection, when approaching and going around a curve, when approaching a hillcrest, when traveling upon any narrow or winding roadway, or when a special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.  Speed must be decreased as may be necessary to avoid colliding with any person or vehicle on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.

(B)            No person may drive a vehicle upon any street at a speed which is greater than the applicable statutory maximum speed limit established by divisions (C) and (D) below, by § 71.002, or by a regulation or ordinance made under this chapter.

(C)            Unless some other speed restriction is established under this chapter, the maximum speed limit in an urban district (as defined in § 70.01) for all vehicles is:

 (1)            Thirty miles per hour; and

 (2)            Fifteen miles per hour in an alley.

 (D)            Unless some other speed restriction is established under this chapter, the maximum speed limit in a non-urban district is 55 miles per hour.

(ILCS Ch. 625, Act 5, § 11-601) Penalty, see § 70.99

Statutory reference:

            Authority to regulate speed, see ILCS Ch. 65,

                        Act 5, § 11-40-1 and Ch. 625, Act 5, § 11-604

 

§ 71.002  SPECIAL SPEED LIMITS WHILE PASSING SCHOOLS AND WHILE TRAVELING THROUGH HIGHWAY CONSTRUCTION OR MAINTENANCE ZONES.

(A) For the purpose of this section, SCHOOL means the following entities:

(1) A public or private primary or secondary school.

(2) A primary or secondary school operated by a religious institution.

(3) A public, private, or religious nursery school.

(B) On a school day when school children are present and so close thereto that a potential hazard exists because of the close proximity of the motorized traffic, no person shall drive a motor vehicle at a speed in excess of 20 miles per hour while passing a school zone or while traveling on a roadway on public school property or upon any public thoroughfare where children pass going to and from school.

(C) For the purpose of this section a school day shall begin at 7:00 a.m. and shall conclude at 4:00 p.m.

(D) This section shall not be applicable unless appropriate signs are posted upon streets and highways under their respective jurisdiction and maintained by the city wherein the school zone is located.  With regard to the special speed limit while passing schools, such signs shall give proper due warning that a school zone is being approached and shall indicate the school zone and the maximum speed limit in effect during school days when school children are present.

(E) Nothing in this chapter shall prohibit the use of electronic speed-detecting devices within 500 feet of signs within a special school speed zone indicating such zone, as defined in this section, nor shall evidence obtained thereby be inadmissible in any prosecution for speeding provided the use of such device shall apply only to the enforcement of the speed limit in such special school speed zone.

(F) A first violation of this section is a petty offense with a minimum fine of $150.  A second or subsequent violation of this section is a petty offense with a minimum fine of $300.

(G) (1) When a fine for a violation of division (B) of this section is $150 or greater, the person who violates division (B) of this section shall be charged an additional $50 to be paid to the unit school district where the violation occurred for school safety purposes. If the violation occurred in a dual school district, $25 of the surcharge shall be paid to the elementary school district for school safety purposes and $25 of the surcharge shall be paid to the high school district for school safety purposes. Notwithstanding any other provision of law, the entire $50 surcharge shall be paid to the appropriate school district or districts.

 (2)            For purposes of this division (G), “school safety purposes” includes the costs associated with school zone safety education, the Safe Routes to School Program under § 2705-317 of the Department of Transportation Law of the Civil Administrative Code of Illinois, safety programs within the School Safety and Educational Improvement Block Grant Program under § 2-3.51.5 of the School Code (ILCS Ch. 105, Act 5, § 2-3.51.5), and the purchase, installation, and maintenance of caution lights which are mounted on school speed zone signs.

(ILCS Ch. 625, Act 5, § 11-605) Penalty, see § 70.99

 

 § 71.003  MAXIMUM ATTAINABLE OPERATING SPEED.

No person shall drive or operate any motor vehicle on any street or highway in this city where the minimum allowable speed on that street or highway, as posted, is greater than the maximum attainable operating speed of the vehicle.  Maximum attainable operating speed shall be determined by the manufacturer of the vehicle and clearly published in the manual of specifications and operation, or it shall be determined by applicable rule and regulation promulgated by the Secretary of State.

(ILCS Ch. 625, Act 5, § 11-611) Penalty, see § 70.99

 

 No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and regular movement of traffic except when reduced speed is necessary for safe operation of his vehicle or in compliance with law.

(ILCS Ch. 625, Act 5, § 11-606(a)) Penalty, see § 70.99

 

TURNING AND STARTING; SIGNALS

§ 71.020  REQUIRED POSITION AND METHOD OF TURNING AT INTERSECTIONS.

(A)            The driver of a vehicle intending to turn at an intersection shall do so as follows:

 (1)            Both the approach for a right turn and a right turn shall be made as close as practical to the right-hand curb or edge of the roadway.

 (2)            The driver of a vehicle intending to turn left at any intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle, and after entering the intersection, the left turn shall be made so as to leave the intersection in a lane lawfully available to traffic moving in such direction upon the roadway being entered.  Whenever practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection.

 (3)            The State Department of Transportation and local authorities in their respective jurisdictions may cause official traffic-control devices to be placed within or adjacent to intersections and thereby require and direct that a different course from that specified in this section be traveled by vehicles turning at an intersection, and when such devices are so placed no driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by such devices.

 (B)            Two-way left turn lanes.  Where a special lane for making left turns by drivers proceeding in opposite directions has been indicated by official traffic-control devices:

 (1)            A left turn shall not be made from any other lane.

(2)            A vehicle shall not be driven in the lane except when preparing for or making a left turn from or into the roadway or when preparing for or making a U-turn when otherwise permitted by law.

(ILCS Ch. 625, Act 5, § 11-801) Penalty, see § 70.99

 

 § 71.021  LIMITATIONS ON U-TURNS.

 (A)            The driver of any vehicle shall not turn the vehicle so as to proceed in the opposite direction unless the movement can be made in safety and without interfering with other traffic.

 (B)            No vehicle shall be turned so as to proceed in the opposite direction upon any curve, or upon the approach to or near the crest of a grade, where the vehicle cannot be seen by the driver of any other vehicle approaching from either direction within 500 feet.

(ILCS Ch. 625, Act 5, § 11-802) Penalty, see § 70.99

 

§ 71.022  STARTING PARKED VEHICLE.

No person shall start a vehicle which is stopped, standing, or parked, unless and until the movement can be made with reasonable safety.

(ILCS Ch. 625, Act 5, § 11-803) Penalty, see § 70.99

 

 § 71.023  WHEN SIGNAL REQUIRED.

(A)            No person may turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in § 71.020, or turn a vehicle to enter a private road or driveway, or otherwise turn a vehicle from a direct course, or move right or left upon a roadway unless and until the movement can be made with reasonable safety.  No person may so turn any vehicle without giving an appropriate signal in the manner hereinafter provided.

 (B)            A signal of intention to turn right or left when required must be given continuously during not less than the last 100 feet traveled by the vehicle before turning within a business or residence district, and the signal must be given continuously during not less than the last 200 feet traveled by the vehicle before turning outside a business or residence district.

(C) No person may stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided in this chapter to the driver of any vehicle immediately to the rear when there is opportunity to give a signal.

 (D)            The electric turn signal device required in ILCS Ch. 625, Act 5, § 12-208 must be used to indicate an intention to turn, change lanes, or start from a parallel parked position, but must not be flashed on one side only on a parked or disabled vehicle, or flashed as a courtesy or “do pass” signal to operators of other vehicles approaching from the rear.  However, signal devices may be flashed simultaneously on both sides of a motor vehicle to indicate the presence of a vehicular traffic hazard requiring unusual care in approaching, overtaking, and passing.

(ILCS Ch. 625, Act 5, § 11-804) Penalty, see § 70.99

 

§ 71.024  SIGNAL BY HAND AND ARM OR SIGNAL DEVICE.

Any stop or turn signal, when required herein, shall be given either by means of the hand and arm or by an electric turn signal device conforming to the requirements provided in ILCS Ch. 625, Act 5, § 12-208.

(ILCS Ch. 625, Act 5, § 11-805) Penalty, see § 70.99

 

 § 71.025  METHOD OF GIVING HAND AND ARM SIGNALS.

All signals herein required given by hand and arm shall be given from the left side of the vehicle in the following manner and such signals shall indicate as follows:

 (A)            Left turn – hand and arm extended horizontally.

 (B)            Right turn – hand and arm extended upward, except that a person operating a bicycle may extend the right hand and arm horizontally and to the right side of the bicycle.

 (C)            Stop or decrease of speed – hand and arm extended downward.

(ILCS Ch. 625, Act 5, § 11-806) Penalty, see § 70.99

OVERTAKING AND PASSING

§ 71.040  DRIVING ON RIGHT SIDE OF ROADWAY; EXCEPTIONS.

 (A) Upon all roadways of sufficient width, a vehicle shall be driven upon the right half of the roadway, except as follows:

 (1) When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movements;

(2) When an obstruction exists making it necessary to drive to the left of the center of the roadway; provided, any person so doing shall yield the right-of-way to all vehicles traveling in the proper direction upon the unobstructed portion of the roadway within such distance as to constitute an immediate hazard;

 (3) Upon a roadway divided into three marked lanes for traffic under the rules applicable thereon;

 (4) Upon a roadway restricted to one-way traffic;

 (5) Whenever there is a single-track paved road on one side of the public highway and two vehicles meet thereon, the driver on whose right is the wider shoulder shall give the right-of-way on such pavement to the other vehicle.

(B) Upon a two lane roadway, providing for two-way movement of traffic, a vehicle shall be driven in the right-hand lane available for traffic, or as close as practicable to the right hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.

 (C) Upon any roadway having four or more lanes for moving traffic and providing for two-way movement of traffic, no vehicle shall be driven to the left of the center line of the roadway, except when authorized by official traffic-control devices designating certain lanes to the left side of the center of the roadway for use by traffic not otherwise permitted to use such lanes, or except as permitted under division (A)(2) of this section.  However, this division shall not be construed as prohibiting the crossing of the center line in making a left turn into or from an alley, private road or driveway.

(E)            Division (D) of this section does not apply:

 (1)            When no other vehicle is directly behind the vehicle in the left lane;

 (2)            When traffic conditions and congestion make it impractical to drive in the right lane;

 (3)            When snow and other inclement weather conditions make it necessary to drive in the left lane;

 (4)            When obstructions or hazards exist in the right lane;

 (5)            When a vehicle changes lanes to comply with § 71.066 and ILCS Ch. 625, Act 5, § 11-908;

 (6)            When, because of highway design, a vehicle must be driven in the left lane when preparing to exit;

 (7)            On toll highways when necessary to use I-Pass, and on toll and other highways when driving in the left lane is required to comply with an official traffic control device; or

 (8)            To law enforcement vehicles, ambulances, and other emergency vehicles engaged in official duties and vehicles engaged in highway maintenance and construction operations.

(ILCS Ch. 625, Act 5, § 11-701) Penalty, see § 70.99

 

 § 71.041  PASSING VEHICLES PROCEEDING IN OPPOSITE DIRECTIONS.

Drivers of vehicles proceeding in opposite directions shall pass each other to the right and upon roadways having width for not more than one line of traffic in each direction, each driver shall give to the other at least 1/2 of the main traveled portion of the roadway as nearly as possible.

(ILCS Ch. 625, Act 5, § 11-702) Penalty, see § 70.99

 

 § 71.042  OVERTAKING VEHICLES ON THE LEFT.

The following rules govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules otherwise stated in this chapter:

(A)            The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. In no event shall such movement be made by driving off the pavement or the main traveled portion of the roadway.

 (B)            Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his or her vehicle until completely passed by the overtaking vehicle.

 (C)            The driver of a two-wheeled vehicle may not, in passing upon the left of any vehicle proceeding in the same direction, pass upon the right of any vehicle proceeding in the same direction unless there is an unobstructed lane of traffic available to permit such passing maneuver safely.

(D)            The operator of a motor vehicle overtaking a bicycle or individual proceeding in the same direction on a highway shall leave a safe distance, but not less than three feet, when passing the bicycle or individual and shall maintain that distance until safely past the overtaken bicycle or individual.

 (E)            A person driving a motor vehicle shall not, in a reckless manner, drive the motor vehicle unnecessarily close to, toward, or near a bicyclist, pedestrian, or a person riding a horse or driving an animal drawn vehicle.

(F)            Every person convicted of division (E) of this section shall be guilty of a Class A misdemeanor if the violation does not result in great bodily harm or permanent disability or disfigurement to another. If the violation results in great bodily harm or permanent disability or disfigurement to another, the person shall be guilty of a Class 3 felony.

(ILCS Ch. 625, Act 5, § 11-703) Penalty, see § 70.99

 

 § 71.043  WHEN OVERTAKING ON THE RIGHT IS PERMITTED.

 (A) The driver of a vehicle with three or more wheels may overtake and pass upon the right of another vehicle only under the following conditions:

 (1) When the vehicle overtaken is making or about to make a left turn;

(2) Upon a roadway with unobstructed pavement of sufficient width for two or more lines of vehicles moving lawfully in the direction being traveled by the overtaking vehicle;

 (B)            The driver of a two-wheeled vehicle may not pass upon the right of any other vehicle proceeding in the same direction unless the unobstructed pavement to the right of the vehicle being passed is of a width of not less than eight feet.

 (C)            The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting the movement in safety.  Such movement shall not be made by driving off the roadway.

(ILCS Ch. 625, Act 5, § 11-704) Penalty, see § 70.99

 

 § 71.044  LIMITATIONS ON OVERTAKING ON THE LEFT.

 (A) Passing on the left.

 (1) No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless authorized by the provisions of this chapter, and unless the left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit the overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction, or any vehicle overtaken.

 (2) In every event, the overtaking vehicle must return to an authorized lane of travel as soon as practicable, and in the event the passing movement involves the use of a lane authorized for vehicles approaching from the opposite direction, before coming within 200 feet of any vehicle approaching from the opposite direction.

(ILCS Ch. 625, Act 5, § 11-705)

 (B) Conditions where passing on the left is prohibited.

 (1) No vehicle shall be driven on the left side of the roadway under the following conditions:

 (a) When approaching or upon the crest of a grade or a curve in the highway where the driver’s view is obstructed within a distance as to create a hazard in the event another vehicle might approach from the opposite direction.

(b) When approaching within 100 feet of or traversing any intersection or railroad grade crossing.

 (c) When the view is obstructed upon approaching within 100 feet of any bridge, viaduct, or tunnel.

 (2) The limitations in division (B)(1) above do not apply upon a one-way roadway, nor upon a roadway with unobstructed pavement of sufficient width for two or more lanes of moving traffic in each direction, nor to the driver of a vehicle turning left into or from an alley, private road, or driveway when the movements can be made with safety.

(ILCS Ch. 625, Act 5, § 11-706) Penalty, see § 70.99

 

 § 71.045  MEETING OR OVERTAKING SCHOOL BUS.

(A) The driver of a vehicle shall stop such vehicle before meeting or overtaking, from either direction, any school bus stopped at any location for the purpose of receiving or discharging pupils. Such stop is required before reaching the school bus when there is in operation on the school bus the visual signals as specified in ILCS Ch. 625, Act 5, §§ 12-803 and 12-805.  The driver of the vehicle shall not proceed until the school bus resumes motion or the driver of the vehicle is signaled by the school bus driver to proceed or the visual signals are no longer actuated.

(B) The stop signal arm required by ILCS Ch. 625, Act 5, § 12-803 shall be extended after the school bus has come to a complete stop for the purpose of loading or discharging pupils and shall be closed before the school bus is placed in motion again. The stop signal arm shall not be extended at any other time.

 (C) The alternately flashing red signal lamps of an eight-lamp flashing signal system required by ILCS Ch. 625, Act 5, § 12-805 shall be actuated after the school bus has come to a complete stop for the purpose of loading or discharging pupils and shall be turned off before the school bus is placed in motion again. The red signal lamps shall not be actuated at any other time except as provided in division (D) of this section.

(D) (1) The alternately flashing amber signal lamps of an eight-lamp flashing signal system required by ILCS Ch. 625, Act 5, § 12-805 shall be actuated continuously during not less than the last 100 feet traveled by the school bus before stopping for the purpose of loading or discharging pupils within an urban area and during not less than the last 200 feet traveled by the school bus outside an urban area. The amber signal lamps shall remain actuated until the school bus is stopped. The amber signal lamps shall not be actuated at any other time.

 (2)            The alternately flashing head lamps permitted by ILCS Ch. 625, Act 5, § 12-805 may be operated while the alternately flashing red or amber signal lamps required by that section are actuated.

 (E) The driver of a vehicle upon a highway having four or more lanes which permits at least two  lanes of traffic to travel in opposite directions need not stop such vehicle upon meeting a school bus which is stopped in the opposing roadway; and need not stop such vehicle when driving upon a controlled access highway when passing a school bus traveling in either direction that is stopped in a loading zone adjacent to the surfaced or improved part of the controlled access highway where pedestrians are not permitted to cross.

(F)            Beginning with the effective date of this amendatory Act of 1985, the Secretary of State shall suspend for a period of three months the driving privileges of any person convicted of a violation of division (A) of this section or a similar provision of a local ordinance; the Secretary shall suspend for a period of one year the driving privileges of any person convicted of a second or subsequent violation of division (A) of this section or a similar provision of a local ordinance if the second or subsequent violation occurs within five years of a prior conviction for the same offense. In addition to the suspensions authorized by this section, any person convicted of violating this section or a similar provision of a local ordinance shall be subject to a mandatory fine of $150 or, upon a second or subsequent violation, $500. The Secretary may also grant, for the duration of any suspension issued under this division, a restricted driving permit granting the privilege of driving a motor vehicle between the driver’s residence and place of employment or within other proper limits that the Secretary of State shall find necessary to avoid any undue hardship. A restricted driving permit issued hereunder shall be subject to cancellation, revocation and suspension by the Secretary of State in like manner and for like cause as a driver’s license may be cancelled, revoked or suspended; except that a conviction upon one or more offenses against laws or ordinances regulating the movement of traffic shall be deemed sufficient cause for the revocation, suspension or cancellation of the restricted driving permit. The Secretary of State may, as a condition to the issuance of a restricted driving permit, require the applicant to participate in a designated driver remedial or rehabilitative program. Any conviction for a violation of this division shall be included as an offense for the purposes of determining suspension action under any other provision of this traffic code, provided however, that the penalties provided under this division shall be imposed unless those penalties imposed under other applicable provisions are greater.

 (G) The owner of any vehicle alleged to have violated division (A) of this section shall, upon appropriate demand by the State’s Attorney or other designated person acting in response to a signed complaint, provide a written statement or deposition identifying the operator of the vehicle if such operator was not the owner at the time of the alleged violation. Failure to supply such information shall result in the suspension of the vehicle registration of the vehicle for a period of three months. In the event the owner has assigned control for the use of the vehicle to another, the person to whom control was assigned shall comply with the provisions of this division and be subject to the same penalties as herein provided.

(ILCS Ch. 625, Act 5, § 11-1414) Penalty, see § 70.99

 

 § 71.046  ONE-WAY ROADWAYS AND ROTARY TRAFFIC ISLANDS.

 (A) Upon a roadway designated for one-way traffic, a vehicle shall be driven only in the direction designated at all or such times as shall be indicated by official traffic-control devices.

 (B) A vehicle passing around a rotary traffic island must be driven only to the right of the island.

 (C) Whenever any highway has been divided into two or more roadways by leaving an intervening space or by a physical barrier or a clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle must be driven only upon the right-hand roadway unless directed or permitted to use another roadway by official traffic-control devices or police officers.  No vehicle may be driven over, across, or within any dividing space, barrier, or section except through an opening in the physical barrier, or dividing section, or space, or at a cross-over or intersection as established by public authority.

 (D) The driver of a vehicle may turn left across a paved noncurbed dividing space unless prohibited by an official traffic-control device.

(ILCS Ch. 625, Act 5, § 11-708) Penalty, see § 70.99

 

 § 71.047  NO-PASSING ZONES.

 (A) The City Council is authorized to determine those portions of any highway within the city where overtaking and passing or driving on the left of the roadway would be especially hazardous, and may by appropriate signs or markings on the roadway indicate the beginning and end of the zones, and when signs or markings are in place and clearly visible to an ordinarily observant person, every driver of a vehicle shall obey the directions thereof.

 (B) Where signs or markings are in place to define a no-passing zone as set forth in division (A) no driver may at any time drive on the left side of the roadway within the no-passing zone or on the left side of any pavement striping designed to mark the no-passing zone throughout its length.

 (C)            This section does not apply under the conditions described in § 71.040(A)(2), nor to the driver of a vehicle turning left into or from an alley, private road, or driveway.  The pavement striping designed to mark the no-passing zone may be crossed from the left-hand lane for the purpose of completing a pass that was begun prior to the beginning of the zone in the driver’s direction of travel.

(ILCS Ch. 625, Act 5, § 11-707) Penalty, see § 70.99

 

 § 71.048  DRIVING ON ROADWAYS LANED FOR TRAFFIC.

Whenever any roadway has been divided into two or more clearly marked lanes for traffic the following rules in addition to all others consistent herewith shall apply.

 (A)            A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.

(B)            Upon a roadway which is divided into three lanes and provides for two-way movement of traffic, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle traveling in the same direction when such center lane is clear of traffic within a safe distance, or in preparation for making a left turn or where such center lane is at the time allocated exclusively to traffic moving in the same direction that the vehicle is proceeding and such allocation is designated by official traffic-control devices.

(C)            Official traffic-control devices may be erected directing specific traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway and drivers of vehicles shall obey the directions of every such device.  Drivers must obey lane designation signing except when it is necessary to use a different lane to make a turning maneuver.

 (D)            Official traffic-control devices may be installed prohibiting the changing of lanes on sections of roadway and drivers of vehicles shall obey the directions of every such device.

(ILCS Ch. 625, Act 5, § 11-709) Penalty, see § 70.99

RIGHT-OF-WAY

 

 § 71.060  VEHICLES APPROACHING OR ENTERING INTERSECTION.

When two vehicles approach or enter an intersection from different roadways at approximately the same time, the driver of the vehicle on the left must yield the right-of-way to the vehicle on the right.  This rule may be modified at through highways or streets and where otherwise inconsistent with the provisions of this traffic code.

(ILCS Ch. 625, Act 5, § 11-901) Penalty, see § 70.99

 

 § 71.061  VEHICLE TURNING LEFT.

The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction which is so close as to constitute an immediate hazard, but the driver, having so yielded, may proceed as soon as a safe interval occurs.

(ILCS Ch. 625, Act 5, § 11-902) Penalty, see § 70.99

 

 § 71.062  VEHICLES ENTERING STOP CROSSWALK.

Where stop signs or flashing red signals are in place at an intersection, or flashing red signals are in place at a plainly marked crosswalk between intersections, drivers of vehicles shall stop before entering the nearest crosswalk, and pedestrians within or entering the crosswalk at either edge of the roadway shall have the right-of-way over vehicles so stopped.  Drivers of vehicles having so yielded the right-of-way to pedestrians entering or within the nearest crosswalk at an intersection shall also yield the right-of-way to pedestrians within any other crosswalk at the intersection.

(ILCS Ch. 625, Act 5, § 11-903)  Penalty, see § 70.99

 

 § 71.063  VEHICLE ENTERING STOP OR YIELD INTERSECTION.

(A) Preferential right-of-way at an intersection may be indicated by stop or yield signs.

 (B) Except when directed to proceed by a police officer or traffic-control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop at a clearly marked stop line but if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection. After having stopped, the driver shall yield the right-of-way to any vehicle which has entered the intersection from another roadway, or which is approaching so closely on the roadway as to constitute an immediate hazard during the time when the driver is moving across or within the intersection, but the driver, having so yielded, may proceed as soon as a safe interval occurs.

(C)            The driver of a vehicle approaching a yield sign shall, in obedience to the sign, slow down to a speed reasonable for the existing conditions, and, if required for safety to stop, shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, of if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway. After slowing or stopping, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time the driver is moving across or within the intersection.

(D)            If a driver is involved in a collision at an intersection or interferes with the movement of other vehicles after driving past a yield right-of-way sign, the collision or interference shall be deemed prima facie evidence of the driver’s failure to yield right-of-way.

(ILCS Ch. 625, Act 5, § 11-904)  Penalty, see § 70.99

 

 § 71.064  MERGING TRAFFIC.

Notwithstanding the right-of-way provision in § 71.060, at an intersection where traffic lanes are provided for merging traffic, the driver of each vehicle on the converging roadways is required to adjust his vehicular speed and lateral position so as to avoid a collision with another vehicle.

(ILCS Ch. 625, Act 5, § 11-905)  Penalty, see § 70.99

 

§ 71.065  VEHICLE ENTERING HIGHWAY FROM PRIVATE ROAD OR DRIVEWAY.

The driver of a vehicle about to enter or cross a highway from an alley, building, private road, or driveway shall yield the right-of-way to all vehicles approaching on the highway to be entered.

(ILCS Ch. 625, Act 5, § 11-906)  Penalty, see § 70.99

 

§ 71.066  OPERATION OF VEHICLES ON APPROACH OF AUTHORIZED EMERGENCY VEHICLES.

 (A) Upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals meeting the requirements of this chapter, or a police vehicle properly and lawfully making use of an audible or visual signal, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the highway clear of any intersection and shall, if necessary to permit the safe passage of the emergency vehicle, stop and remain in such position until the authorized emergency vehicle has passed, unless otherwise directed by a police officer.

(B) This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.

(C) Upon approaching a stationary authorized emergency vehicle, when the authorized emergency vehicle is giving a signal by displaying alternately flashing red, red and white, blue, or red and blue lights or amber or yellow warning lights, a person who drives an approaching vehicle shall:

 (1) Proceeding with due caution, yield the right-of-way by making a lane change into a lane not adjacent to that of the authorized emergency vehicle, if possible with due regard to safety and traffic conditions, if on a highway having at least four lanes with not less than two lanes proceeding in the same direction as the approaching vehicle; or

(2) Proceeding with due caution, reduce the speed of the vehicle, maintaining a safe speed for road conditions, if changing lanes would be impossible or unsafe.

(3) As used in this division (C), “authorized emergency vehicle” includes any vehicle authorized by law to be equipped with oscillating, rotating, or flashing lights under ILCS Ch. 625, Act 5, § 12-215, while the owner or operator of the vehicle is engaged in his or her official duties.

 (D) A person who violates division (C) of this section commits a business offense punishable by a fine of not less than $100 or more than $10,000. It is a factor in aggravation if the person committed the offense while in violation of ILCS Ch. 625, Act 5, § 11-501. Imposition of the penalties authorized bythis division (D) for a violation of division (C) of this section that results in the death of another person does not preclude imposition of appropriate additional civil or criminal penalties.

(E)            If a violation of division (C) of this section results in damage to the property of another person, in addition to any other penalty imposed, the person’s driving privileges shall be suspended for a fixed period of not less than 90 days and not more than one year.

 (F)            If a violation of division (C) of this section results in injury to another person, in addition to any other penalty imposed, the person’s driving privileges shall be suspended for a fixed period of not less than 180 days and not more than two years.

 (G)            If a violation of division (C) of this section results in the death of another person, in addition to any other penalty imposed, the person’s driving privileges shall be suspended for two years.

 (H)            The Secretary of State shall, upon receiving a record of a judgment entered against a person under division (C) of this section:

 (1)            Suspend the person’s driving privileges for the mandatory period; or

 (2)            Extend the period of an existing suspension by the appropriate mandatory period.

(ILCS Ch. 625, Act 5, § 11-907)

§ 71.067  FUNERAL PROCESSIONS.

(A)            Funeral processions have the right-of-way at intersections when vehicles comprising the procession have their headlights and hazard lights lighted, subject to the following conditions and exceptions:

(1)            Operators of vehicles in a funeral procession shall yield the right-of-way upon the approach of an authorized emergency vehicle giving an audible or visible signal;

 (2)            Operators of vehicles in a funeral procession shall yield the right-of-way when directed to do so by a traffic officer;

 (3) The operator of the leading vehicle in a funeral procession shall comply with stop signs and traffic control signals but when the leading vehicle has proceeded across an intersection in accordance with the signal or after stopping as required by the stop sign, all vehicles in the procession may proceed without stopping, regardless of the sign or signal, and the leading vehicle and the vehicles in procession shall proceed with due caution.

 (B) The operator of a vehicle not in the funeral procession shall not drive his vehicle in the funeral procession except when authorized to do so by a traffic officer or when such vehicle is an authorized emergency vehicle giving audible or visible signal.

 (C) Operators of vehicles not a part of a funeral procession may not form a procession or convoy and have their headlights or hazard lights or both lighted for the purpose of securing the right-of-way granted by this section to funeral processions.

 (D) The operator of a vehicle not in a funeral procession may overtake and pass the vehicles in such procession if such overtaking and passing can be accomplished without causing a traffic hazard or interfering with such procession.

 (E) The lead vehicle in the funeral procession may be equipped with a flashing amber light which may be used only when such vehicle is used as a lead vehicle in such procession. Vehicles comprising a funeral procession may utilize funeral pennants or flags or windshield stickers or flashing hazard warning signal flashers to identify the individual vehicles in such a procession.

 (F) In the absence of law enforcement traffic control assistance for a funeral procession, a funeral director or his or her designee may direct traffic during a funeral procession.

(ILCS Ch. 625, Act 5, § 11-1420) Penalty, see § 70.99

 

 SPECIAL STOPS REQUIRED

 

§ 71.080  OBEDIENCE TO SIGNAL INDICATING APPROACH OF TRAIN OR RAILROAD TRACK EQUIPMENT.

 (A) (1) Whenever any person driving a vehicle approaches a railroad grade crossing where the driver is not always required to stop, the person must exercise due care and caution as the existence of a railroad track across a highway is a warning of danger, and under any of the circumstances stated in this section, the driver shall stop within 50 feet but not less than 15 feet from the nearest rail of the railroad and shall not proceed until the tracks are clear and he or she can do so safely. The foregoing requirements shall apply when:

(b)            A crossing gate is lowered or a human flagman gives or continues to give a signal of the approach or passage of a railroad train or railroad track equipment;

(c)            A railroad train or railroad track equipment approaching a highway crossing emits a warning signal and such railroad train, by reason of its speed or nearness to such crossing, is an immediate hazard;

(d)            An approaching railroad train or railroad track equipment is plainly visible and is in hazardous proximity to such crossing;

(e)            A railroad train or railroad track equipment is approaching so closely that an immediate hazard is created.

(2)            Whenever a person driving a vehicle approaches a railroad grade crossing where the driver is not always required to stop but must slow down, the person must exercise due care and caution as the existence of a railroad track across a highway is a warning of danger, and under any of the circumstances stated in this section, the driver shall slow down within 50 feet but not less than 15 feet from the nearest rail of the railroad and shall not proceed until he or she checks that the tracks are clear of an approaching train or railroad track equipment.

 (B)            No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed.

 (C)            The State Department of Transportation, and local authorities with the approval of the State Department of Transportation, are hereby authorized to designate particularly dangerous highway grade crossings of railroads and to erect stop signs thereat. When such stop signs are erected the driver of any vehicle shall stop within 50 feet but not less than 15 feet from the nearest rail of such railroad and shall proceed only upon exercising due care.

 (D)            (1)            At any railroad grade crossing provided with railroad crossbuck signs, without automatic, electric, or mechanical signal devices, crossing gates, or a human flagman giving a signal of the approach or passage of a train or railroad track equipment, the driver of a vehicle shall in obedience to the railroad crossbuck sign, yield the right-of-way and slow down to a speed reasonable for the existing conditions and shall stop, if required for safety, at a clearly marked stopped line, or if no stop line, within 50 feet but not less than 15 feet from the nearest rail of the railroad and shall not proceed until he or she can do so safely. If a driver is involved in a collision at a railroad crossing or interferes with the movement of a train or railroad track equipment after driving past the railroad crossbuck sign, the collision or interference is prima facie evidence of the driver’s failure to yield right-of-way.

(2)            No person shall, while driving a commercial motor vehicle, fail to negotiate a railroad-highway grade railroad crossing because of insufficient undercarriage clearance.

 (E)            It is unlawful to violate any part of this section.

 (1)            A violation of this section is a petty offense for which a fine of $250 shall be imposed for a first violation, and a fine of $500 shall be imposed for a second or subsequent violation. The court may impose 25 hours of community service in place of the $250 fine for the first violation.

 (2)            For a second or subsequent violation, the Secretary of State may suspend the driving privileges of the offender for a minimum of six months.

 (F)            Corporate authorities of municipal corporations regulating operators of vehicles that fail to obey signals indicating the presence, approach, passage, or departure of a train or railroad track equipment shall impose fines as established in division (E) of this section.

(ILCS Ch. 625, Act 5, § 11-1201)

 

 § 71.081  CERTAIN VEHICLES MUST STOP AT ALL RAILROAD GRADE CROSSINGS.

(A) The driver of any of the following vehicles shall, before crossing a railroad track or tracks at grade, stop such vehicle within 50 feet but not less than 15 feet from the nearest rail and, while so stopped, shall listen and look for the approach of a train or railroad track equipment and shall not proceed until such movement can be made with safety:

 (1) Any second division vehicle carrying passengers for hire;

 (3)            Any other vehicle which is required by federal or state law to be placarded when carrying as a cargo or part of a cargo hazardous material as defined in the “Illinois Hazardous Materials Transportation Act”.  After stopping as required in this section, the driver shall proceed only in a gear not requiring a change of gears during the crossing, and the driver shall not shift gears while crossing the track or tracks.

 (B)            This section shall not apply:

 (1)            At any railroad grade crossing where traffic is controlled by a police officer or flagperson;

(2)            At any railroad grade crossing controlled by a functioning traffic-control signal transmitting a green indication which, under law, permits the vehicle to proceed across the railroad tracks without slowing or stopping, except that division (A) of this section shall apply to any school bus;

 (3)            At any streetcar grade crossing within a business or residence district; or

 (4)            At any abandoned, industrial or spur track railroad grade crossing designated as exempt by the Illinois Commerce Commission and marked with an official sign as authorized in the State Manual on Uniform Traffic Control Devices for Streets and Highways.

(ILCS Ch. 625, Act 5, § 11-1202) Penalty, see § 70.99

 

 § 71.082 EMERGING FROM ALLEY, BUILDING, PRIVATE ROAD, OR DRIVEWAY.

The driver of a vehicle emerging from an alley, building, private road, or driveway within an urban area shall stop the vehicle immediately prior to driving into the sidewalk area extending across the alley, building entrance, road, or driveway, or in the event there is no sidewalk area, shall stop at the point nearest the street to be entered where the driver has a view of approaching traffic thereon, and shall yield the right-of-way to any pedestrians as may be necessary to avoid collision, and upon entering the roadway, shall yield the right-of-way to all vehicles approaching on the roadway.

(ILCS Ch. 625, Act 5, § 11-1205) Penalty, see § 70.99

 

 § 71.083  STOP WHEN TRAFFIC OBSTRUCTED.

 (A) No driver shall enter an intersection or a marked crosswalk, or drive onto any railroad grade crossing unless there is sufficient space on the other side of the intersection, crosswalk, or railroad grade crossing to accommodate the vehicle he is operating without obstructing the passage of other vehicles, pedestrians, or railroad trains, notwithstanding any traffic control signal indication to proceed.

(B) No driver shall enter a highway rail grade crossing unless there is sufficient space on the other side of the highway rail grade crossing to accommodate the vehicle being operated without obstructing the passage of a train or other railroad equipment using the rails, notwithstanding any traffic-control signal indication signal to proceed.

 (C) The Secretary of State shall suspend for a period of one month the driving privileges of any person convicted of a violation of division (B) of this section or a similar provision of a local ordinance; the Secretary shall suspend for a period of three months the driving privileges of any person convicted of a second or subsequent violation of division (B) of this section or a similar provision of a local ordinance if the second or subsequent violation occurs within five years of a prior conviction for the same offense. In addition to the suspensions authorized by this section, any person convicted of violating division (B) of this section or a similar provision of a local ordinance shall be subject to a mandatory fine of $500 or 50 hours of community service. Any person given a disposition of court supervision for violating division (B) of this section or a similar provision of a local ordinance shall also be subject to a mandatory fine of $500 or 50 hours of community service. Upon a second or subsequent violation, in addition to the suspensions authorized by this section, the person shall be subject to a mandatory fine of $500 and 50 hours community service. The Secretary may also grant, for the duration of any suspension issued under this subsection, a restricted driving permit granting the privilege of driving a motor vehicle between the driver’s residence and place of employment or within other proper limits that the Secretary of State shall find necessary to avoid any undue hardship. A restricted driving permit issued hereunder shall be subject to cancellation, revocation and suspension by the Secretary of State in like manner and for like cause as a driver’s license may be cancelled, revoked or suspended; except that a conviction upon one or more offenses against laws or ordinances regulating the movement of traffic shall be deemed sufficient cause for the revocation, suspension or cancellation of the restricted driving permit. The Secretary of State may, as a condition to the issuance of a restricted driving permit, require the applicant to participate in a designated driver remedial or rehabilitative program. Any conviction for a violation of this subsection shall be included as an offense for the purposes of determining suspension action under any other provision of this code, provided however, that the penalties provided under this subsection shall be imposed unless those penalties imposed under other applicable provisions are greater.

(ILCS Ch. 625, Act 5, § 11-1425) Penalty, see § 70.99

 

 PROHIBITIONS

 § 71.095  BACKING.

 (A)            The  driver of a  vehicle  shall  not  back  the same unless the movement can be made with safety and without interfering with other traffic.

 (B)            The driver of a vehicle shall not back the same upon any shoulder or roadway of any controlled-access highway.

(ILCS Ch. 625, Act 5, § 11-1402) Penalty, see § 70.99

 

§ 71.096  FOLLOWING VEHICLE TOO CLOSELY.

The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles and the traffic upon and conditions of the street or highway.

(ILCS Ch. 625, Act 5, § 11-710) Penalty, see § 70.99

 

 § 71.097  OBSTRUCTION OF DRIVER’S VIEW OR DRIVING MECHANISM.

 (A)            No person shall drive a vehicle when it is so loaded, or when there are in the front seat such number of persons, exceeding three, as to obstruct the view of the driver to the front or sides of the vehicle, or as to interfere with the driver’s control over the driving mechanism of the vehicle.

 (B)            No passenger in a vehicle or streetcar shall ride in a position as to interfere with the driver’s or motorman’s view ahead or to the sides, or to interfere with his control over the driving mechanism of the vehicle or streetcar.

 (C)            No passenger on a school bus may ride or stand in a position as to interfere with the driver’s view ahead or to the side or to the rear, or to interfere with his control of the driving mechanism of the bus.

(ILCS Ch. 625, Act 5, § 11-1406)  Penalty, see § 70.99

 

 § 71.098  OPENING VEHICLE DOORS.

No person shall open the door of a vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.

(ILCS Ch. 625, Act 5, § 11-1407)  Penalty, see § 70.99

 

 § 71.099  COASTING.

(A)            The driver of any motor vehicle when traveling upon a down grade shall not coast with the gears or transmission of the vehicle in neutral.

(B)            The driver of a truck or bus when traveling upon a down grade shall not coast with the clutch disengaged.

(ILCS Ch. 625, Act 5, § 11-1410)  Penalty, see § 70.99

 

 § 71.100  FOLLOWING FIRE APPARATUS; DRIVING OVER FIRE HOSE.

 (A) The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than 500 feet or stop the vehicle within 500 feet of any fire apparatus stopped in answer to a fire alarm.  (ILCS Ch. 625, Act 5, § 11-1411)

(B) No vehicle shall be driven over any unprotected hose of the Fire Department when laid down on any street, private road, or driveway to be used at any fire or alarm of fire, without the consent of the Fire Department official in command.  (ILCS Ch. 625, Act 5, § 11-1412)

Penalty, see § 70.99

§ 71.101  DRIVING UPON SIDEWALK.

No person shall drive any vehicle upon a sidewalk or sidewalk area except upon a permanent or duly authorized temporary driveway.  This section does not apply to any vehicle moved exclusively by human power, to any electric personal assistive mobility device, nor to any motorized wheelchair.  Nothing in this section shall be deemed to limit or preempt the authority of any home rule or non-home rule unit of local government from regulating or prohibiting the use of electric personal assistive mobility devices.

(ILCS Ch. 625, Act 5, § 11-1412.1)  Penalty, see § 70.99

 

 § 71.102  USE OF ROLLER SKATES, COASTERS, OR SIMILAR DEVICES.

No person upon roller skates or riding in or by means of any coaster, toy vehicle, skateboard, or similar device shall go upon any roadway except while crossing a street on a crosswalk and except upon streets set aside as play streets when authorized by the traffic authority.

Penalty, see § 70.99

 

§ 71.103  DEPOSITING MATERIAL ON HIGHWAY PROHIBITED.

(A) No person shall throw, spill or deposit upon any highway any bottle, glass, nails, tacks, wire, cans, or any litter as defined in ILCS Ch. 415, Act 105, § 3).

 (B) Any person who violates division (A) of this section upon any highway shall immediately remove such material or cause it to be removed.

 (C) Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other debris, except any hazardous substance as defined in ILCS Ch. 415, Act 5, § 3.215,  hazardous waste as defined in ILCS Ch. 415, Act 5, § 3.220, and potentially infectious medical waste as defined in ILCS Ch. 415, Act 5, § 3.360, dropped upon the highway from such vehicle.

(ILCS Ch. 625, Act 5, § 11-1413) Penalty, see § 70.99

 

 § 71.104  OBSTRUCTING PERSON IN HIGHWAYS.

No person shall willfully and unnecessarily hinder, obstruct, or delay, or willfully and unnecessarily attempt to delay, hinder, or obstruct any other person in lawfully driving or traveling along or upon any highway within this city, or offer for barter or sale merchandise on the highway so as to interfere with the effective movement of traffic.

(ILCS Ch. 625, Act 5, § 11-1416)  Penalty, see § 70.99

 

 § 71.105  FARM TRACTOR OPERATION.

 (A)            No person shall operate a farm tractor on a highway in this city unless the tractor is being used as an implement of husbandry in connection with farming operations.

(B)            For the purpose of this section, the use of a farm tractor as an implement of husbandry in connection with farming operations shall be deemed to include use of the tractor in connection with the transportation of agricultural products and of farm machinery, equipment, and supplies, as well as the transportation of tractors in connection with the obtaining of repairs thereto, and the towing of a registered truck of not more than 8,000 pounds for use as return transportation after the tractor is left at the place of work or repair.

(ILCS Ch. 625, Act 5, § 11-1418)  Penalty, see § 70.99

 

§ 71.106  DRIVING ON CONTROLLED-ACCESS HIGHWAY.

No person may drive a vehicle onto or from any controlled-access highway except at entrances and exits established by public authority.

(ILCS Ch. 625, Act 5, § 11-711)  Penalty, see § 70.99

 

 PARADES

 § 71.120  DEFINITIONS.

For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

 CRUISING.  The repeated operation of two or more vehicles in a continuous or nearly continuous flow through a parking lot.

PARADE.  Any parade, march, ceremony, show, exhibition, pageant, or procession of any kind, or any similar display in or on any street, sidewalk, park, or other public place in the city, or CRUISING as defined above.

PARADE PERMIT.  A permit required by this subchapter.

PARKING LOT.  Any paved or unpaved area used by a place of business or shopping center for the parking of vehicles of their customers, but shall not include those operated for hire.

 

§ 71.121  PERMIT REQUIRED.

(A)            No person or persons shall engage or participate in, aid, form, or start any parade unless a parade permit has been obtained from the Chief of Police or other authorized city official.

 (B)            This subchapter shall not apply to:

 (1)            Funeral processions;

 (2)            Students going to and from school classes or participating in educational activities, provided the conduct is under the immediate direction and supervision of the proper school authorities;

 (3)            A governmental agency acting within the scope of its functions.

Penalty, see § 70.99

 

 § 71.122  APPLICATION FOR PERMIT.

A person seeking issuance of a parade permit shall file an application with the Chief of Police or other authorized city official on forms provided by such officer.

(A)            Filing period. The application for a parade permit shall be filed not less than five days or not more than 60 days before the date on which it is proposed to conduct the parade.

 (B)            The application for a parade permit shall set forth the following information:

(1)            The name, address, and telephone number of the person seeking to conduct the parade;

 (2)            If the parade is proposed to be conducted for, on behalf of, or by an organization, the name, address, and telephone number of the headquarters of the organization and of the authorized and responsible heads of the organization;

 (3)            The name, address, and telephone number of the person who will be the parade chaperson and who will be responsible for its conduct;

 (4)            The date when the parade is to be conducted;

(5)            The route to be traveled, the starting point, and the termination point;

 (6)            The approximate number of persozw, azdmais, and vehicles which will constitute the parade, the type of animals, if any, and the description of the vehicles;

(7)            The hours when the parade will start and terminate;

 (8)            A statement as to whether the parade will occupy all or only a portion of the width of the 8treets, sidewalk, park, or other public place proposed to be traversed;

 (9)            The location by street of any assembly area for the parade;

(10)            The time at which units of the parade will begin to assemble at any such assembly area or areas;

 (Il) The interval of space to be maintained between units of the parade;

 (12)            If the parade is designed to be held by and on behalf of or for, any person other than the applicant, the applicant for the permit shall ffle a communication in writing from the person authorizing the applicant to apply for the permit on his behalf;

 (13)            Any additional information reasonably necessary to a fair determination as to whether a permit should be issued.

(C)            There shall be-paid at the time of filing an application for a parade permit a fee in an amount as established by the City Council from time to time.

Penalty, see § 70.99

§ 71.123 STANDARDS FOR ISSUANCE OF PERMIT.

The Chief of Police or other authorized city official shall issue a permit when, from a consideration of the application and from other information obtained, he finds that:

(A)            The conduct of the parade win not substantially interrupt the safe and orderly movement of other traffic contignous to its route;

(B)            The conduct of the parade will not require the diversion of so great a number of police officers of the city to properly police the line of movement and the areas contignous thereto as to prevent normal police protection to the city;

(C)            The conduct of the parade will not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the city other than that to be occupied by the proposed line of march and areas contignous thereto;

 (D)            The concentration of persons, animals, and vehicles at assembly points of the parade will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to the assembly areas;

 (E)            The conduct of the parade will not interfere with the movement of fireflghting equipment en route to a fire;

(F)            The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route;

(G)            The parade is not to be held for the sole purpose of advertising any product, goods, or event, and is not designated to be held purely for private profit;

 (H)            The parade, if it takes the form of cruising, has the approval in writing of the owner or an authorized agent of the owner for the use of the parking lot which is the site of the parade.

Penalty, see § 70.99

 

§ 71.124 NOTICE OF REJECTION OF PERMIT APPLICATION.

The Chief of Police or other authorized city official shall act on the application for a parade permit within three days, Saturdays, Sundays, and holidays excepted, after filing thereof. If he disapproves the application, he shall mail to the applicant within the three days, Saturdays, Sundays, and holidays excepted, after the date on which the application was filed, a notice of his action stating the reasons for his denial of the permit.

 

§ 71.125  APPEAL PROCEDURE WHEN PERMIT DENIED.

Any person aggrieved shall have the right to appeal the denial of a parade permit to the City Council. The appeal shall be taken within 30 days after notice of denial. The City Council shall act on the appeal within 30 days after its receipt.

71.125 ALTERNATIVE.

The Chief of Police or other authorized city official, in denying an application for a parade permit, shall be empowered to authorize the conduct of the parade on a date, at a time, or over a route different than that named by the applicant.  An applicant desiring to accept an alternate permit shall file a written notice of his acceptance. An alternate parade permit shall conform to the requirements ot’ and shall have the effect of, a parade permit under this subchapter.

 

 71.127 NOTlCE TO CITY AND OTHER OFFICES.

Immediately on the issuance of a parade permit, a copy thereof shall be sent to the following persons:

 (A)            The Mayor;

 (B)            The Fire Chief.

 

Each parade permit shall state the following information:

 (A)            Starting time;

 (B)             Mnimumspeed;

 (C)            Maaimumspeed;

 

Maximum interval of space to be maintained between the unlts of the parade;

(E)            The portions of the street, sidewalk, park, or other public place to be traversed that may be occupied by the parade;

 (F)            The maximum length of the parade in miles or fractions thereof;

 (O)            Such other information as is reasonably necessary to the enforcement of this subchapter.

Penalty, see § 70.99

 

71.129 .

A permittee hereunder shall comply with all permit directions and conditions and with all applicable laws and ordinances.  The parade chalrperson or other person heading or leading the activity shall carry the parade permit on his person during the conduct of the parade.

Penalty, see § 70.99

 

71.130 PUBLIC CONDUCT DURING

(A)            Interference. No person shall unreasonably hamper, obstruct, impede, or interfere with any parade or parade assembly or with any person, vehicle, or animal participating or used in a parade.

 (B)            Drnfng through parades.  No driver of a vehicle except a police car or other emergency vehicle shall drive between the vehicles or persons comprising a parade when such vehicles or persons are in motion and are conspicuously designated as a parade.

 (C)            Par)dng on parade route. The Chief of Police or other authorized city official shall have the authority, when reasonably necessry, to prohibit or restrict the parking of vehicles along a street or other public thoroughfare or part thereof constituting a part of the route of a parade. Signs shall be posted to such effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof. No person shall be liable for parking on a street or other public thoroughfare unless signs have been posted in accordance with this section.

Penalty, see § 70.99

 

 71.131 PARADE.

The city shall have the authority to revoke a parade permit issued hereunder on application of the standards for issuance as herein set forth.

 

CHAPTER 72: PARKING REGULATIONS

 Section

72.01  General parking regulations

72.02  Unattended motor vehicles

 

Restrictions on Stopping, Standing, and Parking

72.10  Stopping, standing, or parking prohibited in specified places

72.11  Stopping, standing, or parking outside business or residence district

72.12  Unauthorized use of parking places reserved for persons with disabilities

72.13  Parking of certain motor vehicles prohibited

 

Snow Emergencies

 72.25  Announcement of snow emergency

72.26  Termination of emergency

72.27  Snow emergency routes

 

Violations

 72.40  Officers authorized to remove vehicles

72.41  Duty of lessor of vehicle on notice of violation of this chapter

72.99  Penalty

 

 METHOD OF PARKING

 § 72.01 GENERAL PARKING REGULATIONS.

 (A) Except as otherwise provided in this section, every vehicle stopped or parked upon a two-way roadway shall be so stopped or parked with the right-hand wheels parallel to and within 12 inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder.

 (B) Every vehicle stopped or parked upon a one-way roadway shall be so stopped or parked parallel to the curb or edge of the roadway, in the direction of authorized traffic movement, with its right-hand wheels within 12 inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder, or with its left-hand wheels within 12 inches of the left-hand curb or as close as practicable to the left edge of the left-hand shoulder.

 (C) No angle parking shall be permitted except on streets, if any, as set forth Chapter 78 of this title or in any future legislation of the city.

 (D) No person shall park in violation of signs placed by and under the jurisdiction of the State Department of Transportation which prohibit, limit, or restrict the stopping, standing, or parking of vehicles on any highway.

(ILCS Ch. 625, Act 5, § 11-1304) Penalty, see § 72.99

 

 § 72.02  UNATTENDED MOTOR VEHICLES.

No person driving or in charge of a motor vehicle shall permit it to stand unattended without stopping the engine, locking the ignition, removing the key from the ignition, effectively setting the brake thereon and, when standing upon any perceptible grade, turning the front wheels to the curb or side of the highway.

(ILCS Ch. 625, Act 5, § 11-1401) Penalty, see § 72.99

 

 RESTRICTIONS ON STOPPING, STANDING AND PARKING

 § 72.10  STOPPING, STANDING, OR PARKING PROHIBITED IN SPECIFIED PLACES.

(A) Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer, or an official traffic-control device, no person shall:

 (1) Stop, stand, or park a vehicle:

(a)            On the roadway side of any vehicle stopped or parked at the edge or curb of a street;

 (b)            On a sidewalk;

(c)            Within an intersection;

 (d)            On a crosswalk;

(e)            Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings;

 (f)            Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic;

 (g)            Upon any bridge or other elevated structure, upon a highway, or within a highway tunnel;

 (h)            On any railroad tracks. A violation of any part of this subparagraph (h) shall result in a mandatory fine of $500 or 50 hours of community service;

 (i)            At any place where official signs prohibit stopping;

 (j)            On any controlled-access highway;

 (k)            In the area between roadways of a divided highway, including crossovers;

 (l)            In a public parking area if the vehicle does not display a current annual registration sticker or current temporary permit pending registration.

 (2)            Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge passengers:

 (a)            In front of a public or private driveway;

 (b)            Within 15 feet of a fire hydrant;

 (c)            Within 20 feet of a crosswalk at an intersection;

 (d)            Within 30 feet upon the approach to any flashing signal, stop sign, yield sign, or traffic-control signal located at the side of a roadway;

(e)            Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of the entrance (when properly sign-posted);

(f)            At any place where official signs prohibit standing.

(3)            Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading property or passengers:

(a)            Within 50 feet of the nearest rail of a railroad crossing;

(b)            At any place where official signs prohibit parking.

(B)            No person shall move a vehicle not lawfully under his control into any prohibited area or away from a curb a distance as is unlawful.

(ILCS Ch. 625, Act 5, § 11-1303) Penalty, see § 72.99

 

 § 72.11  STOPPING, STANDING, OR PARKING OUTSIDE BUSINESS OR RESIDENCE DISTRICT.

 (A) Outside a business or residence district, no person shall stop, park or leave standing any vehicle, whether attended or unattended, upon the roadway when it is practicable to stop, park or so leave such vehicle off the roadway, but in every event an unobstructed width of the highway opposite a standing vehicle shall be left for the free passage of other vehicles and a clear view of such stopped vehicle shall be available from a distance of 200 feet in each direction upon such highway.

 (B) The city, with respect to highways under its jurisdiction or for the maintenance of which it is responsible, may place signs prohibiting or restricting the stopping, standing or parking of vehicles on any highway where in its opinion such stopping, standing or parking is dangerous to those using the highway or where the stopping, standing or parking of vehicles would unduly interfere with the free movement of traffic thereon. Any such regulations adopted by the city regarding the stopping, standing or parking of vehicles upon any specific street, streets or highways become effective at the time of the erection of appropriate signs indicating such regulations. Any such signs may be erected either by the city or by a local authority with the approval of the city.

(C) This section, §§ 72.01 and 72.10 shall not apply to the driver of any vehicle which is disabled in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving the vehicle in such position.

 (D)            Any second division vehicle used exclusively for the collection of garbage, refuse, or recyclable material may stop or stand on the road in a business, rural, or residential district for the sole purpose of collecting garbage, refuse, or recyclable material. The vehicle, in addition to having its hazard lights lighted at all times that it is engaged in stopping or standing, shall also use its amber oscillating, rotating, or flashing light or lights as authorized under ILCS Ch. 625, Act 5, § 12-215(b)12, if so equipped.

(ILCS Ch. 625, Act 5, § 11-1301) Penalty, see § 72.99

 

 § 72.12  UNAUTHORIZED USE OF PARKING PLACES RESERVED FOR PERSONS WITH DISABILITIES.

 (A) (1) It shall be prohibited to park any motor vehicle which is not properly displaying registration plates or decals issued to a person with disabilities, as defined in § 70.01, pursuant to ILCS Ch. 625, Act 5, §§ 3-616, 11-1301.1 or 11-1301.2, or to a disabled veteran pursuant to ILCS Ch. 625, Act 5, § 3-609, as evidence that the vehicle is operated by or for a person with disabilities or disabled veteran, in any parking place, including any private or public off-street parking facility, specifically reserved, by the posting of an official sign as designated under ILCS Ch. 625, Act 5, § 11-301, for motor vehicles displaying such registration plates. It shall be prohibited to park any motor vehicle in a designated access aisle adjacent to any parking place specifically reserved for persons with disabilities, by the posting of an official sign as designated under ILCS Ch. 625, Act 5, § 11-301, for motor vehicles displaying such registration plates. When using the parking privileges for persons with disabilities, the parking decal or device must be displayed properly in the vehicle where it is clearly visible to law enforcement personnel, either hanging from the rearview mirror or placed on the dashboard of the vehicle in clear view. Disability license plates and parking decals and devices are not transferable from person to person. Proper usage of the disability license plate or parking decal or device requires the authorized holder to be present and enter or exit the vehicle at the time the parking privileges are being used. It is a violation of this section to park in a space reserved for a person with disabilities if the authorized holder of the disability license plate or parking decal or device does not enter or exit the vehicle at the time the parking privileges are being used. Any motor vehicle properly displaying a disability license plate or a parking decal or device containing the International symbol of access issued to persons with disabilities by any local authority, state, district, territory or foreign country shall be recognized by state and local authorities as a valid license plate or device and receive the same parking privileges as residents of this state.

 (2) An individual with a vehicle displaying disability license plates or a parking decal or device issued to a qualified person with a disability under ILCS Ch. 625, Act 5, §§ 3-616, 11-1301.1, or 11-1301.2 or to a disabled veteran under ILCS Ch. 625, Act 5, § 3-609 is in violation of this section if the person using the disability license plate or parking decal or device is not the authorized holder of the disability license plate or parking decal or device or is not transporting the authorized holder of the disability license plate or parking decal or device to or from the parking location and the person uses the disability license plate or parking decal or device to exercise any privileges granted through the disability license plate or parking decals or devices under this chapter.

(3) A driver of a vehicle displaying disability license plates or a parking decal or device issued to a qualified person with a disability under ILCS Ch. 625, Act 5, §§ 3-616, 11-1301.1, or 11-1301.2 or to a disabled veteran under ILCS Ch. 625, Act 5, § 3-609 is in violation of this section if (i) the person to whom the disability license plate or parking decal or device was issued is deceased and (ii) the driver uses the disability license plate or parking decal or device to exercise any privileges granted through a disability license plate or parking decal or device under this code.

 (B) Any person or local authority owning or operating any public or private off-street parking facility may, after notifying the Police Department, remove or cause to be removed to the nearest garage or other place of safety any vehicle parked within a stall or space reserved for use by a person with disabilities which does not display person with disabilities registration plates or a special decal or device as required under this section.

 (C) (1) Any person found guilty of violating the provisions of division (A) of this section shall be fined $250 in addition to any costs or charges connected with the removal or storage of any motor vehicle authorized under this section; but municipalities by ordinance may impose a fine up to $350 and shall display signs indicating the fine imposed. If the amount of the fine is subsequently changed, the municipality shall change the sign to indicate the current amount of the fine. It shall not be a defense to a charge under this section that either the sign posted pursuant to this section or the intended accessible parking place does not comply with the technical requirements of ILCS Ch. 625, Act 5, § 11-301, city regulations, or local ordinance if a reasonable person would be made aware by the sign or notice on or near the parking place that the place is reserved for a person with disabilities.

 (2)            Any person found guilty of violating the provisions of division (A)(2) of this section a first time shall be fined $600.  Any person found guilty of violating division (A)(2) of this section a second time shall be fined $750. Any person found guilty of violating division (A)(2) of this section a third or subsequent time shall be fined $1,000. The circuit clerk shall distribute 50% of the fine imposed on any person who is found guilty of or pleads guilty to violating this section, including any person placed on court supervision for violating this section, to the law enforcement agency that issued the citation or made the arrest. If more than one law enforcement agency is responsible for issuing the citation or making the arrest, the 50% of the fine imposed shall be shared equally. If an officer of the Secretary of State Department of Police arrested a person for a violation of this section, 50% of the fine imposed shall be deposited into the Secretary of State Police Services Fund.

 (D)            Local authorities shall impose fines as established in division (C) of this section for violations of this section.

 (E)            As used in this section, AUTHORIZED HOLDER means an individual issued a disability license plate under ILCS Ch. 625, Act 5, § 3-616, an individual issued a parking decal or device under ILCS Ch. 625, Act 5, § 11-1301.2, or an individual issued a disabled veteran’s license plate under ILCS Ch. 625, Act 5, § 3-609.

 (F)            Any person who commits a violation of division (A)(2) of this section may have his or her driving privileges suspended or revoked by the Secretary of State for a period of time determined by the Secretary of State. The Secretary of State may also suspend or revoke the disability license plates or parking decal or device for a period of time determined by the Secretary of State.

 (G)            Any police officer may seize the parking decal or device from any person who commits a violation of this section. Any police officer may seize the disability license plate upon authorization from the Secretary of State. Any police officer may request that the Secretary of State revoke the parking decal or device or the disability license plate of any person who commits a violation of this section.

(ILCS Ch. 625, Act 5, § 11-1301.3)

 

 § 72.13  PARKING OF CERTAIN MOTOR VEHICLES PROHIBITED.

 (A) No person, firm or corporation shall stand or park any truck, semi-tractor, semi-trailer, bus, recreational vehicle or trailer, having two or more axles, with a gross vehicle weight of 8,000 pounds or more, or which exceeds 20 feet in length and ten feet in height, on any street, on public property, or on private property between the public right-of-way and the applicable set back lines, in any residence district within the city for a period longer than is necessary for the expeditious loading or unloading of such vehicle; provided that where any street fronts in part on a residence district and in part of any district otherwise classified by the applicable zoning laws, this section shall restrict such standing or parking only to such portion of such street which fronts on the residence district.

 (B) Immediately after sufficient notice of the provisions hereof shall be given to the public, the enforcement is hereby authorized and violators shall be subject to fine of not less than $50 nor more than $500.

(Ord. 679, passed 4-7-97)  Penalty, see § 72.99

 

 SNOW EMERGENCIES

 § 72.25  ANNOUNCEMENT OF SNOW EMERGENCY.

Whenever the Mayor or, in his absence, the Chief of Police finds that falling snow, sleet, or freezing rain will create a condition which makes it necessary that the parking of motor vehicles on snow emergency routes be prohibited, or whenever he finds on the basis of a firm forecast of snow, sleet, or freezing rain that the weather conditions so forecasted may create a condition making it necessary that such parking be prohibited, he is authorized to announce such prohibition, to become effective at a time specified by him.  After the effective time of such prohibition no person shall park any vehicle or permit any vehicle to remain parked on a snow emergency route. However, if a fall of snow, sleet, or freezing rain occurs after 11:00 p.m. and prior to 6:00 a.m., and the Mayor or, in his absence, the Chief of Police has not announced prior to 11:00 p.m. that parking on snow emergency routes is to be prohibited after a specified time, a vehicle parked on a snow emergency route may remain so parked until 7:00 a.m. following such fall.  The prohibition of parking announced by the Mayor or, in his absence, the Chief of Police under the authority of this section shall remain in effect until he announces the termination of the snow emergency, in part or in whole, after which the prohibition of parking authorized by this section shall no longer be in effect.

Penalty, see § 72.99

Cross-reference:

Officers authorized to remove vehicles, see   § 72.40

 

 § 72.26  TERMINATION OF EMERGENCY.

Whenever the Mayor shall find that some or all of the conditions which gave rise to the snow emergency prohibition no longer exist, he is authorized to declare the termination of the emergency, in part or in whole, effective immediately on announcement. If such announcement is made other than between 6:00 a.m. and 11:00 pm., it shall be repeated between those hours.

§ 72.27  SNOW EMERGENCY ROUTES.

The term SNOW EMERGENCY ROUTE shall mean any route designated by the Mayor. On such street or highway designated as a snow emergency route, special signs shall be posted to this effect.

 

 VIOLATIONS

 § 72.40  OFFICERS AUTHORIZED TO REMOVE VEHICLES.

 (A) Whenever any police officer finds a vehicle in violation of any of the provisions of § 72.11, the officer is authorized to move the vehicle, or require the driver or other person in charge of the vehicle to move the same, to a position off the roadway.

 (B) Any police officer is authorized to remove or cause to be removed to a place of safety any unattended vehicle illegally left standing upon any  highway, bridge, causeway, or in a tunnel, or in a position or under circumstances as to obstruct the normal movement of traffic.

 (C) Any police officer is authorized to remove or cause to be removed to the nearest garage or other place of safety any vehicle found upon a highway when:

 (1) Report has been made that the vehicle has been stolen or taken without the consent of its owner;

 (2) The person or persons in charge of the vehicle are unable to provide for its custody or removal;

 (3) When the person driving or in control of the vehicle is arrested for an alleged offense for which the officer is required by law to take the person arrested  before  a  proper  magistrate  without unnecessary delay; or

 (4) When the registration of the vehicle has been suspended, cancelled, or revoked.

(ILCS Ch. 625, Act 5, § 11-1302)

Cross-reference:

Authority to tow during snow emergency, see    § 72.25

 

§ 72.41  DUTY OF LESSOR OF VEHICLE ON NOTICE OF VIOLATION OF THIS CHAPTER.

Every person in whose name a vehicle is registered pursuant to law and who leases such vehicle to others, after receiving written notice of a violation of this chapter involving such vehicle, shall upon request provide such police officers as have authority of the offense, and the court having jurisdiction thereof with a written statement of the name and address of the lessee at the time of such offense and the identifying number upon the registration plates and registration sticker or stickers of such vehicle.

(ILCS Ch. 625, Act 5, § 11-1305)

 

§ 72.99  PENALTY.

Whoever violates any provision of this chapter for which no specific penalty is otherwise provided shall be fined as set forth in § 70.99(B).

 Section

 Bicycles

73.01         Traffic laws apply to persons riding bicycles

73.02            Riding on bicycles

73.03            Clinging to vehicles

73.04           Riding on roadways and bicycle paths

73.05            Carrying articles

73.06             Lamps and other equipment on bicycles

73.07             Lamps on mopeds

73.08             Riding on mopeds

 

Motorcycles

73.20            Riding on motorcycles

73.21             Special equipment for persons riding motorcycles

73.22            Required equipment on motorcycles

 

BICYCLES

 § 73.01 TRAFFIC LAWS APPLY TO PERSONS RIDING BICYCLES.

Every person riding a bicycle upon a highway shall be granted all of the rights, and shall be subject to all of the duties applicable to the driver of a vehicle by this traffic code, except as to special regulations in this traffic code, and except as to those provisions of this traffic code which by their nature can have no application.

(ILCS Ch. 625, Act 5, § 11-1502) Penalty, see § 70.99

 

 § 73.02 RIDING ON BICYCLES.

 (A) A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto.

 (B) No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped, except that an adult rider may carry a child securely attached to his person in a back pack or sling.

(ILCS Ch. 625, Act 5, § 11-1503) Penalty, see § 70.99

 

 § 73.03  CLINGING TO VEHICLES.

No person riding upon any bicycle, coaster, roller skates, sled, or toy vehicle shall attach the same or himself to any vehicle upon a roadway.

(ILCS Ch. 625, Act 5, § 11-1504) Penalty, see § 70.99

 

 § 73.04  RIDING ON ROADWAYS AND BICYCLE PATHS.

(A) Any person operating a bicycle or motorized pedalcycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable and safe to the right-hand curb or edge of the roadway except under the following situations:

(1) When overtaking and passing another bicycle, motorized pedalcycle or vehicle proceeding in the same direction;

(2) When preparing for a left turn at an intersection or into a private road or driveway;

(3) When reasonably necessary to avoid conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, bicycles, motorized pedalcycles, pedestrians, animals, surface hazards, or substandard width lanes that make it unsafe to continue along the right-hand curb or edge. For purposes of this division, a “substandard width lane” means a lane that is too narrow for a bicycle or motorized pedalcycle and a vehicle to travel safely side by side within the lane; or

 (4) When approaching a place where a right turn is authorized.

 (B) Any person operating a bicycle or motorized pedalcycle upon a one-way highway with two or more marked traffic lanes may ride as near the left-hand curb or edge of such roadway as practicable.

(ILCS Ch. 625, Act 5, § 11-1505)

Penalty, see § 70.99

 

§ 73.05  CARRYING ARTICLES.

No person operating a bicycle shall carry any package, bundle, or article which prevents the use of both hands in the control and operation of the bicycle. A person operating a bicycle shall keep at least one hand on the handlebars at all times.

(ILCS Ch. 625, Act 5, § 11-1506) Penalty, see § 70.99

 

 § 73.06  LAMPS AND OTHER EQUIPMENT ON BICYCLES.

 (A) Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least 500 feet to the front and with a red reflector on the rear of a type approved by the city which shall be visible from all distances from 100 feet to 600 feet to the rear when directly in front of lawful lower beams of headlamps on a motor vehicle. A lamp emitting a red light visible from a distance of 500 feet to the rear may be used in addition to the red reflector.

 (B) A bicycle shall not be equipped with, nor shall any person use upon a bicycle, any siren. This division (B) does not apply to a bicycle that is a police vehicle or Fire Department vehicle.

 (C) Every bicycle shall be equipped with a brake which will adequately control movement of and stop and hold such bicycle.

 (D) No person shall sell a new bicycle or pedal for use on a bicycle that is not equipped with a reflex reflector conforming to specifications prescribed by the State Department of Transportation, on each pedal, visible from the front and rear of the bicycle during darkness from a distance of 200 feet.

 (E) No person shall sell or offer for sale a new bicycle that is not equipped with side reflectors. Such reflectors shall be visible from each side of the bicycle from a distance of 500 feet and shall be essentially colorless or red to the rear of the center of the bicycle and essentially colorless or amber to the front of the center of the bicycle provided. The requirements of this division may be met by reflective materials which shall be at least 3/16 of an inch wide on each side of each tire or rim to indicate as clearly as possible the continuous circular shape and size of the tires or rims of such bicycle and which reflective materials may be of the same color on both the front and rear tire or rim. Such reflectors shall conform to specifications prescribed by the State Department of Transportation.

(F) No person shall sell or offer for sale a new bicycle that is not equipped with an essentially colorless front-facing reflector.

(ILCS Ch. 625, Act 5, § 11-1507) Penalty, see § 70.99

 

§ 73.07  LAMPS ON MOPEDS.

Every moped, when in use at nighttime, shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least 500 feet to the front, and with a red reflector on the rear of a type approved by the State Department of Transportation which shall be visible from all distances from 100 feet to 600 feet to the rear when in front of lawful, low-powered beams of headlamps on a motor vehicle. A lamp emitting a red light visible from a distance of 500 feet to the rear may be used in addition to the red reflector.

(ILCS Ch. 625, Act 5, § 11-1507.1) Penalty, see § 70.99

 

 § 73.08  RIDING ON MOPEDS.

 (A) The operator of a  moped shall ride only astride the permanent and regular seat attached thereto, and shall not permit two persons to ride thereon at the same time, unless the  moped is designed to carry two persons. Any  moped designed for two persons must be equipped with a passenger seat and footrests for use of a passenger.

(B) Neither the operator nor any passenger on a  moped shall be required to wear any special goggles, shield, helmet, or glasses.

 (C) The provisions of §§ 73.01 through 73.07 shall be applicable to the operation of  mopeds, except for those provisions which by their nature can have no application to mopeds.

(ILCS Ch. 625, Act 5, § 11-1403.1) Penalty, see § 70.99

 

MOTORCYCLES

 § 73.20  RIDING ON MOTORCYCLES.

(A)            A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and the operator shall not carry any other person nor shall any other person ride on a motorcycle unless the motorcycle is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons, or upon another seat firmly attached to the motorcycle at the rear or side of the operator.

 (B)            A person shall ride upon a motorcycle only while sitting astride the seat, facing forward, with one leg on each side of the motorcycle.

 (C)            No person shall operate any motorcycle with handlebar grips higher than the height of the head of the operator when the operator is seated in the normal driving position astride that portion of the seat or saddle occupied by the operator.

 (D)            The operator of any motorcycle shall keep at least one hand on a handlebar grip at all times the motorcycle is in motion.

(ILCS Ch. 625, Act 5, § 11-1403) Penalty, see § 70.99

 

 § 73.21  SPECIAL EQUIPMENT FOR PERSONS RIDING MOTORCYCLES.

 (A)            The operator and every passenger of a motorcycle shall be protected by glasses, goggles, or a transparent shield.

 (B)            For the purposes of this section, glasses, goggles, and transparent shields are defined as follows:

 (1)            GLASSES means ordinary eye pieces such as spectacles or sunglasses worn before the eye, made of shatter-resistant material. Shatter-resistant material, as used in this section, means material so manufactured, fabricated, or created that it substantially prevents shattering or flying when struck or broken.

(2)            GOGGLES means a device worn before the eyes, the predominant function of which is protecting the eyes without obstructing peripheral vision. Goggles shall provide protection from the front and sides, and may or may not form a complete seal with the face.

(3)            TRANSPARENT SHIELD means a windshield attached to the front of a motorcycle that extends above the eyes when an operator is seated in the normal, upright riding position, made of shatter-resistant material, or a shatter-resistant protective face shield that covers the wearer’s eyes and face at least to a point approximately to the tip of the nose.

 (C)            Contact lenses are not acceptable eye protection devices.

(ILCS Ch. 625, Act 5, § 11-1404) Penalty, see § 70.99

 

 § 73.22  REQUIRED EQUIPMENT ON MOTORCYCLES.

Any motorcycle carrying a passenger, other than in a sidecar or enclosed cab, shall be equipped with footrests for the passenger.

(ILCS Ch. 625, Act 5, § 11-1405) Penalty, see § 70.99

 

            CHAPTER 74: PEDESTRIANS

Section

74.01  Pedestrian obedience to traffic control devices and traffic regulations

74.02  Pedestrians’ right-of-way at crosswalks

74.03  Crossing at other than crosswalks

74.04  Drivers to avoid colliding with pedestrians

74.05  Blind, hearing impaired, or physically handicapped pedestrians’ right-of-way

74.06  Pedestrians to use right half of crosswalks

74.07  Pedestrians soliciting rides or business

74.08  Pedestrians walking on highways

74.09  Right-f-way on sidewalks

74.10  Pedestrians yield to authorized emergency vehicles

74.11  Pedestrians under influence of alcohol or drugs

74.12  Bridge and railroad signals

74.13  Motorized wheelchairs

 

§ 74.01  PEDESTRIAN OBEDIENCE TO TRAFFIC CONTROL DEVICES AND TRAFFIC REGULATIONS.

 (A) A pedestrian shall obey the instructions of any official traffic-control device specifically applicable to him, unless otherwise directed by a police officer.

 (B) Pedestrians shall be subject to traffic and pedestrian-control signals provided in §§ 70.31 and

70.32 of this traffic code; but at all other places, pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in this chapter. (ILCS Ch. 625, Act 5, § 11-1001)

§ 74.02  PEDESTRIANS’ RIGHT-OF-WAY AT CROSSWALKS.

 (A) When traffic-control signals are not in place, or not in operation, the driver of a vehicle shall stop and yield the right-of-way to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

 (B) No pedestrian shall suddenly leave a curb or other place of safety, and walk or run into the path of a moving vehicle which is so close as to constitute an immediate hazard.

 (C) Division (A) shall not apply under the condition stated in § 74.03 (B).

 (D) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle.

 (E) whenever stop signs or flashing red signals are in place at an intersection or at a plainly marked crosswalk between intersections, drivers shall yield right-of-way to pedestrians as set forth in § 71.062.

(ILCS Ch. 625, Act 5, § 11-1002) Penalty, see § 70.99

 

 § 74.03  CROSSING AT OTHER THAN CROSSWALKS.

 (A) Every pedestrian crossing a roadway at any point other than within a marked crosswalk, or within an unmarked crosswalk at an intersection, shall yield the right-of-way to all vehicles upon the roadway.

 (B) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.

 (C) Between adjacent intersections at which traffic-control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk.

(D) No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic control devices; and, when authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic control devices pertaining to the crossing movements.

(ILCS Ch. 625, Act 5, § 11-1003) Penalty, see § 70.99

 

§ 74.04  DRIVERS TO AVOID COLLIDING WITH PEDESTRIANS.

Notwithstanding other provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian, or any person operating a bicycle or other device propelled by human power and shall give warning by sounding the horn when necessary, and shall exercise proper precaution upon observing any child or any obviously confused, incapacitated, or intoxicated person.

(ILCS Ch. 625, Act 5, § 11-1003.1) Penalty, see § 70.99

 

 § 74.05  BLIND, HEARING IMPAIRED, OR PHYSICALLY HANDICAPPED PEDESTRIANS’ RIGHT-OF-WAY.

The driver of a vehicle shall yield the right-of-way to  any  blind,  hearing-impaired,  or  physically handicapped pedestrian carrying a clearly visible white cane or accompanied by a support or guide dog.

(ILCS Ch. 625, Act 5, § 11-1004) Penalty, see § 70.99

 

 § 74.06  PEDESTRIANS TO USE RIGHT HALF OF CROSSWALKS.

Pedestrians shall move, whenever practicable, upon the right half of crosswalks.

(ILCS Ch. 625, Act 5, § 11-1005) Penalty, see § 70.99

 

§ 74.07  PEDESTRIANS SOLICITING RIDES OR BUSINESS.

(A) No person shall stand in a roadway for the purpose of soliciting a ride from the driver of any vehicle.

(B) No person shall stand on a highway for the purpose of soliciting employment or business from the occupant of any vehicle.

(C) No person shall stand on a highway for the purpose of soliciting contributions from the occupant of any vehicle, unless expressly permitted by this code. Solicitation on highways within this city shall be allowed only at intersections where all traffic is required to come to a full stop. Any person engaged in the act of solicitation shall be 16 years of age or more and shall be wearing a high visibility vest. The soliciting agency shall be:

 (l) Registered with the Attorney General as a charitable organization as provided by “An Act to regulate solicitation and collection of funds br charitable purposes, providing for violations thereof and making an appropriation therefor,” approved July 26, 1963, as amended.

 (2) Engaged in a statewide fund raising activity.

 (3) Liable for any injuries to any person or property during the solicitation which is casually related to an act of ordinary negligence of the soliciting agent.

 (D) No person shall stand on or in the proximity of a roadway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway.

(ILCS Ch. 625, Act 5, § 11-1006) Penalty, see § 70.99

 

§ 74.08  PEDESTRIANS WALKING ON HIGHWAYS.

(A) Except as provided in division (E) of this section, where a sidewalk is provided and its use is practicable, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.

 (B) Except as provided in division (E) of this section, where a sidewalk is not available, any pedestrian walking along and upon a highway shall walk only on a shoulder, as far as practicable from the edge of the roadway.

 (C) Except as provided in division (E) of this section, where neither a sidewalk nor a shoulder is available, any pedestrian walking along and upon a highway shall walk as near as practicable to an outside edge of a roadway, and, if on a two-way roadway, shall walk only on the left side of the roadway.

 (D) Except as otherwise provided in this chapter, any pedestrian upon a roadway shall yield the right-of-way to all vehicles upon the roadway.

 (E) In municipalities with a population of under 2,000,000 inhabitants, upon highways where the maximum posted speed limit is 45 miles per hour or less, and during the period from sunrise to sunset, a pedestrian who is 18 years of age or older and wearing in-line speed skates may travel upon the roadway as near as practicable to an outside edge of the roadway. Pedestrians wearing in-line speed skates upon a roadway may not impede or obstruct other vehicular traffic. Pedestrians wearing in-line speed skates shall be subject to all other rights and duties under ILCS Ch. 625, Act 5, Art. X. Nothing in this code shall be construed to prevent a pedestrian wearing in-line speed skates from using a lane designated for bicycles.

(ILCS Ch. 625, Act 5, § 11-1007) Penalty, see § 70.99

 

 § 74.09  RIGHT-OF-WAY ON SIDEWALKS.

The driver of a vehicle shall yield the right-of-way to any pedestrians on a sidewalk.

(ILCS Ch. 625, Act 5, § 11-1008) Penalty, see § 70.99

 

 § 74.10  PEDESTRIANS YIELD TO AUTHORIZED EMERGENCY VEHICLES.

Upon the immediate approach of an authorized emergency vehicle making use of an audible signal and visual signs meeting the requirements of ILCS Ch. 625, Act 5, § 12801, or of a police vehicle properly and lawfully making use of an audible signal only, every pedestrian shall yield the right-of-way to the authorized emergency vehicle.

(ILCS Ch. 625, Act 5, § 11-1009) Penalty, see § 70.99

 

 § 74.11  PEDESTRIANS UNDER INFLUENCE OF ALCOHOL OR DRUGS.

A pedestrian who is under the influence of alcohol or any drug to a degree which renders himself a hazard shall not walk or be upon a highway, except on a sidewalk.

(ILCS Ch. 625, Act 5, § 11-1010) Penalty, see § 70.99

 

 § 74.12  BRIDGE AND RAILROAD SIGNALS.

 (A) No pedestrian shall enter or remain upon any bridge or approach thereto beyond the bridge signal, gate, or barrier after a bridge operation signal indication has been given.

(B) No pedestrian shall pass through, around, over, or under any crossing gate or barrier at a railroad grade crossing or bridge while such gate or barrier is closed or is being opened or closed.

 (C) No pedestrian shall enter, remain upon or traverse over a railroad grade crossing or pedestrian walkway crossing a railroad track when an audible bell or clearly visible electric or mechanical signal device is operational giving warning of the presence, approach, passage, or departure of a railroad train or railroad track equipment.

(D) A violation of any part of this section is a petty offense for which a $250 fine shall be imposed for a first violation, and a $500 fine shall be imposed for a second or subsequent violation. The court may impose 25 hours of community service in place of the $250 fine for a first violation.

 (E) Local authorities shall impose fines as established in division (D) of this section for pedestrians who fail to obey signals indicating the presence, approach, passage, or departure of a train or railroad track equipment.

(ILCS Ch. 625, Act 5, § 11-1011)

 

§ 74.13  MOTORIZED WHEELCHAIRS.

Every person operating a motorized wheelchair upon a sidewalk or roadway shall be granted all the rights and shall be subject to all the duties applicable to a pedestrian.

(ILCS Ch. 625, Act 5, § 11-1004.1)

 
            CHAPTER 75:  EQUIPMENT; LOADS

 

Section

Equipment

75.01  Scope and effect of equipment requirements

 

Loads

75.10  Scope and effect of size, weight, and load regulations

75.11  Projecting loads on passenger vehicles

75.12  Protruding members of vehicles

75.13  Spilling loads prohibited

75.14  Pushing of disabled vehicles

 

EQUIPMENT

§ 75.01  SCOPE AND EFFECT OF EQUIPMENT

 

REQUIREMENTS.

 (A)            It is unlawful for any person to drive or move, or for the owner to cause or knowingly permit to be driven or moved on any highway any vehicle or combination of vehicles which is in an unsafe condition as to endanger any person or property, or which does not contain those parts or is not at all times equipped with the lamps and other equipment in proper condition and adjustment, or which is equipped in any manner in violation of ILCS Ch. 625, Act 5, § 12-100 et seq., or for any person to do any act forbidden or fail to perform any act required under ILCS Ch. 625, Act 5, § 12-100 et seq.

 (B)            The provisions of ILCS Ch. 625, Act 5, § 12-100 et seq., with respect to equipment on vehicles shall not apply to implements of husbandry, road machinery, road rollers, or farm tractors, or to farm wagon type trailers having a fertilizer spreader attachment  permanently mounted  thereon,  having  a gross weight of not to exceed 36,000 pounds and used only for the transportation of bulk fertilizer, or to farmwagon type tank trailers of not to exceed 2,000 gallons capacity, used during the liquid fertilizer season as field-storage “nurse tanks,” supplying the fertilizer to a field applicator and highways only for bringing the fertilizer to a field applicator from a local source of supply to the farm or field or from one farm or field to another.

(ILCS Ch. 625, Act 5, § 12-101)  Penalty, see § 70.99

 

 LOADS

 § 75.10  SCOPE AND EFFECT OF SIZE, WEIGHT, AND LOAD REGULATIONS.

 (A) It is unlawful for any person to drive or move on, upon, or across, or for the owner to cause to knowingly permit to be driven or moved on, upon, or across any highway any vehicle or vehicles of a size and weight exceeding the limitations stated in ILCS Ch. 625, Act 5, § 15-100 et seq.

 (B) The provisions of ILCS Ch. 625, Act 5, § 15-100 et seq. governing size, weight, and load do not apply to fire apparatus or equipment for snow and ice removal operations owned or operated by the city, or to implements of husbandry temporarily operated or towed in a combination upon a highway provided such combination does not consist of more than three vehicles or, in the case of hauling fresh, perishable fruits or vegetables from farm to the point of first processing, not more than three wagons being towed by an implement of husbandry, or to a vehicle operated under the terms of a special permit.

(ILCS Ch. 625, Act 5, § 15-101)

 (C) No person shall use the highways under the jurisdiction of the city in violation of weight and location     restrictions     and     commercial    vehicle restrictions, if any, as set forth in this title or in any future legislation of the city.

Penalty, see § 70.99

Statutory reference:

            Power of city to regulate loads, see ILCS Ch. 65, Act 5, § 11-04-1

 

 § 75.11  PROJECTING LOADS ON PASSENGER VEHICLES.

No passenger-type vehicle shall be operated on any street with any load carried thereon extending beyond the line of the fenders on the left side of the vehicle, nor extending more than six inches beyond the line of the fenders on the right side thereof.

(ILCS Ch. 625, Act 5, § 15-105)  Penalty, see § 70.99

 

 § 75.12  PROTRUDING MEMBERS OF VEHICLES.

No vehicle with boom, arm, drill rig, or other protruding component shall be operated upon the highway unless the protruding component is fastened so as to prevent shifting, bouncing, or moving in any manner.

(ILCS Ch. 625, Act 5, § 15-106)  Penalty, see § 70.99

 

 § 75.13  SPILLING LOADS PROHIBITED.

(A)            No vehicle shall be driven or moved on any street unless the vehicle is so constructed or loaded as to prevent any of its load from dropping, shifting, leaking, or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction, or water or other substance may be sprinkled on a roadway in cleaning or maintaining the roadway.

 (B)            No person shall operate on any highway any vehicle with any load unless the load and any covering thereon is securely fastened so as to prevent the covering or load from becoming loose, detached, or in any manner a hazard to other users of the highway.

(C)            The State Department of Transportation shall adopt those rules and regulations it deems appropriate which require the securing of steel rolls and other objects on flatbed trucks so as to prevent injury to users of highways and damage to property.  Any person who operates a flatbed truck on any highway in  violation  of the rules and  regulations  promulgated 1998 S-4 by the State Department of Transportation under this division shall be punished as provided in § 70.99.

(ILCS Ch. 625, Act 5, § 15-109)  Penalty, see § 70.99

 

 § 75.14  PUSHING OF DISABLED VEHICLES.

It is unlawful under any circumstances for any vehicle to push any other vehicle on or along any highway outside an urban area in this city, except in an extreme emergency, and then the vehicle shall not be pushed farther than is reasonably necessary to remove it from the roadway or from the immediate hazard that exists.

(ILCS Ch. 625, Act 5, § 15-111.8)  Penalty, see § 70.99

             CHAPTER 76:  MOTOR VEHICLE OFFENSES

 Section

 76.01  Reckless driving

76.02  Street racing

76.03  Accidents involving death or personal injuries

76.04  Duty to give information and render aid

76.05  Accident involving damage to vehicle

76.06  Duty upon damaging unattended vehicle or other property

76.07  Duty to report accident

76.08  False reports

76.09  When driver fails to report

 

 § 76.01  RECKLESS DRIVING.

No person shall drive any vehicle with a willful or wanton disregard for the safety of persons or property.

(ILCS Ch. 625, Act 5, § 11-503(a))  Penalty, see § 70.99

 

 § 76.02  STREET RACING.

 (A) No person shall engage in street racing on any street or highway of this city.

 (B) No owner of any vehicle shall acquiesce in or permit his or her vehicle to be used by another for the purpose of street racing.

 (C) For the purposes of this section, the following words shall have the meanings ascribed to them:

 (1) ACQUIESCE or PERMIT means actual knowledge that the motor vehicle was to be used for the purpose of street racing.

 (2) STREET RACING means:

 (a) The operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other;

 (b) The operation of one or more vehicles over a common selected course, each starting at the same point, for the purpose of comparing the relative speeds or power of acceleration of such vehicle or vehicles within a certain distance or time limit;

 (c) The use of one or more vehicles in an attempt to outgain or outdistance another vehicle;

 (d) The use of one or more vehicles to prevent another vehicle from passing;

 (e) The use of one or more vehicles to arrive at a given destination ahead of another vehicle or vehicles; or

 (f) The use of one or more vehicles to test the physical stamina or endurance of drivers over long-distance driving routes.

(ILCS Ch. 625, Act 5, § 11-506)   Penalty, see § 70.99

 

 § 76.03  ACCIDENTS INVOLVING DEATH OR PERSONAL INJURIES.

(A) The driver of any vehicle involved in a motor vehicle accident resulting in personal injury to or death of any person shall immediately stop such vehicle at the scene of such accident, or as close thereto as possible and shall then forthwith return to, and in every event shall remain at the scene of the accident until the requirements of § 76.09 have been fulfilled. Every such stop shall be made without obstructing traffic more than is necessary.

 (B) (1) Any person who has failed to stop or to comply with the requirements of division (A) of this section shall, as soon as possible but in no case later than one-half hour after such motor vehicle accident, or, if hospitalized and incapacitated from reporting at any time during such period, as soon as possible but in no case later than one-half hour after being discharged from the hospital, report the place of the accident, the date, the approximate time, the driver’s name and address, the registration number of the vehicle driven, and the names of all other occupants of such vehicle, at a police station or sheriff’s office near the place where such accident occurred. No report made as required under this division shall be used, directly or indirectly, as a basis for the prosecution of any violation of division (A) of this section.

 (C)            For purposes of this section, PERSONAL INJURY shall mean any injury requiring immediate professional treatment in a medical facility or doctor’s office.

(D)            The Secretary of State shall revoke the driving privilege of any person convicted of a violation of this section.

(ILCS Ch. 625, Act 5, § 11-401)  Penalty, see § 70.99

 

 § 76.04  DUTY TO GIVE INFORMATION AND RENDER AID.

 (A) The driver of any vehicle involved in a motor vehicle accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person shall give the driver’s name, address, registration number, and owner of the vehicle the driver is operating, and shall upon request and if available, exhibit the driver’s license to the person struck or the driver or occupant of or person attending any vehicle collided with, and shall render to any person injured in the accident reasonable assistance, including the carrying or the making of arrangements for the carrying of the person to a physician, surgeon, or hospital for medical or surgical treatment, if it is apparent that such treatment is necessary or if such carrying is requested by the injured person.

 (B) If none of the persons entitled to information pursuant to this section is in condition to receive and understand the information and no police officer is present, the driver, after rendering reasonable assistance, shall forthwith report the accident at the Police Department, disclosing the information required by this section.

(ILCS Ch. 625, Act 5, § 11-403)  Penalty, see § 70.99

§ 76.05  ACCIDENT INVOLVING DAMAGE TO VEHICLE.

 (A) The driver of any vehicle involved in a motor vehicle accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such motor vehicle accident or as close thereto as possible, but shall forthwith return to and in every event shall remain at the scene of such motor vehicle accident until the requirements of § 76.04 have been fulfilled. A driver does not violate this section if the driver moves the vehicle as soon as possible off the highway to the nearest safe location on an exit ramp shoulder, a frontage road, the nearest suitable cross street, or other suitable location that does not obstruct traffic and remains at that location until the driver has fulfilled the requirements of § 76.04. Every such stop shall be made without obstructing traffic more than is necessary. If a damaged vehicle is obstructing traffic lanes, the driver of the vehicle must make every reasonable effort to move the vehicle or have it moved so as not to block the traffic lanes.

 (B) Upon conviction of a violation of this section, the court shall make a finding as to whether the damage to a vehicle is in excess of $1,000, and in such case a statement of this finding shall be reported to the Secretary of State with the report of conviction as required by ILCS Ch. 625, Act 5, § 6-204.  Upon receipt of such report of conviction and statement of finding that the damage to a vehicle is in excess of $1,000, the Secretary of State shall suspend the driver’s license or any nonresident’s driving privilege.

 (C) If any peace officer or highway authority official finds a vehicle standing upon a highway or toll highway in violation of a prohibition, limitation, or restriction on stopping, standing, or parking imposed under this Traffic Code or a disabled vehicle that obstructs the roadway of a highway or toll highway, the peace officer or highway authority official is authorized to move the vehicle or to require the operator of the vehicle to move the vehicle to the shoulder of the road, to a position where parking is permitted, or to public parking or storage premises. The removal may be performed by, or under the direction of, the peace officer or highway authority official or may be contracted for by local authorities. After the vehicle has been removed, the peace officer or highway authority official shall follow appropriate procedures, as provided in ILCS Ch. 625, Act 5, § 4-203.

 (D)            A towing service, its officers, and its employees are not liable for loss of or damages to any real or personal property that occurs as the result of the removal or towing of any vehicle under division (C) of this section, as provided in ILCS Ch. 625, Act 5, § 4-213(b).

(E)            Any person failing to comply with this section shall be guilty of a Class A misdemeanor.

(ILCS Ch. 625, Act 5, § 11-402)

 

 § 76.06 DUTY UPON DAMAGING UNATTENDED VEHICLE OR OTHER PROPERTY.

 (A)            The driver of any vehicle which collides with or is involved in a motor vehicle accident with any vehicle which is unattended, or other property, resulting in any damage to such other vehicle or property shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle or other property of the driver’s name, address, registration number and owner of the vehicle the driver was operating or shall attach securely in a conspicuous place on or in the vehicle or other property struck a written notice giving the driver’s name, address, registration number and owner of the vehicle the driver was driving and shall without unnecessary delay notify the nearest office of a duly authorized police authority and shall make a written report of such accident when and as required in § 76.07.  Every such stop shall be made without obstructing traffic more than is necessary. If a damaged vehicle is obstructing traffic lanes, the driver of the vehicle must make every reasonable effort to move the vehicle or have it moved so as not to block the traffic lanes.

(B)            If any peace officer or highway authority official finds a vehicle standing upon a highway or toll highway in violation of a prohibition, limitation, or restriction on stopping, standing, or parking imposed under this Traffic Code or a disabled vehicle that obstructs the roadway of a highway or toll highway, the peace officer or highway authority official is authorized to move the vehicle or to require the operator of the vehicle to move the vehicle to the shoulder of the road, to a position where parking is permitted, or to public parking or storage premises. The removal may be performed by, or under the direction of, the peace officer or highway authority official or may be contracted for by local authorities. After the vehicle has been removed, the peace officer or highway authority official shall follow appropriate procedures, as provided in ILCS Ch. 625, Act 5, § 4-203.

(C)            A towing service, its officers, and its employees are not liable for loss of or damages to any real or personal property that occurs as the result of the removal or towing of any vehicle under division (B) of this section, as provided in ILCS Ch. 625, Act 5, § 4-213(b).

 (D)            Any person failing to comply with this section shall be guilty of a Class A misdemeanor.

(ILCS Ch. 625, Act 5, § 11-404)

 

 § 76.07  DUTY TO REPORT ACCIDENT.

 (A)            The driver of a vehicle which is in any manner involved in an accident within this city, resulting in injury to or death of any person or in which damage to the property of any one address, person, including himself, in excess of $250 is sustained shall as soon as possible but not later than ten days after the accident, file with the Police Department a copy of the accident report required to be filed with the state under ILCS Ch. 625, Act 5, § 11-406.

 (B)            Whenever a school bus is involved in an accident in this city, caused by a collision, a sudden stop, or otherwise, resulting in any property damage, personal injury, or death, and whenever an accident occurs within 50 feet of a school bus in this city resulting in personal injury to or the death of any person while awaiting or preparing to board the bus or immediately after exiting the bus, the driver shall as soon as possible, but not later than ten days after the accident, forward a written report to the Police Department. If a report is also required under division (A) above, that report and the report required by this division (B) shall be submitted on a single form.

(C)            The Chief of Police may require any driver, occupant, or owner of a vehicle involved in an accident of which report must be made as provided in this section or § 76.14 to file supplemental reports whenever the original report is insufficient in the opinion of the Chief of Police and may require witnesses of the accident to submit written reports. The report may include photographs, charts, sketches, and graphs.

 (D) Should the Police Department learn through other reports of accidents required by law of the occurrence of an accident reportable under §§ 76.08 through 76.14 and the driver, owner, or witness has not reported as required under (A) or (C) above or § 76.14 within the time specified, the person is not relieved of the responsibility and the Police Department shall notify the person by first class mail directed to his last known address of his legal obligation.  However, the notification is not a condition precedent to impose the penalty for failure to report as provided in (E) below.

 (E)            The Secretary of State shall suspend the driver’s license or any nonresident’s driving privilege of any person who fails or neglects to make report of a traffic accident as herein required or as required by any other law of this state.

(ILCS Ch. 625, Act 5, § 11-406)

Statutory reference:

            Authorization for city to require accident reports,

              see ILCS Ch. 625, Act 5, § 11-415

 

 § 76.08  FALSE REPORTS.

Any person who provides information in an oral or written report required by §§ 76.08 through 76.14 with knowledge or reason to believe that the information is false shall be fined as provided in § 70.99.

(ILCS Ch. 625, Act 5, § 11-409)

 

 § 76.09  WHEN DRIVER PAILS TO REPORT.

Whenever the driver of a vehicle is physically incapable of making a required written accident report and if there was another occupant in the vehicle at the time of the motor vehicle accident capable of making a written report, the occupant shall make or cause the written report to be made. If the driver fails for any reason to make the report the owner of the vehicle involved in the motor vehicle accident shall, as soon as practicable, make the report to the Police Department.

(ILCS Ch. 625, Act 5, § 11-410)

 
            CHAPTER 77: TRAFFIC SCHEDULES

 Schedule

I.            Speed limits

II.            Through streets

III.            Stop intersections

IV.            One-way streets or alleys

V.            Loading and unloading zones

VI.            Turning prohibitions

VII.            Yield intersections

 

 SCHEDULE I. SPEED LIMITS.

(A)            The City Council has approved the proposed absolute maximum speed limits for the zone or zones of those streets described in this schedule and directs that signs giving notice thereof shall be erected in conformance with the standards and specifications contained in the Illinois Manual on Uniform Traffic Control Services for Streets and Highways.

 

Zone	Absolute Maximum Speed Limit (MPH)	Ord. No.	Date Passed
Allen Street from John Street to Route 54	25	534	4-20-87
*Blue Ridge School District at 1002 East Allen Street	20	699	8-3-98
Main Street from south city limit to Route 54	30	534	4-20-87
Main Street from High Street to north city limit	25	534	4-20-87
Main Street from Route 54 to High Street	20	534	4-20-87
High Street from Harrison Avenue to Route 54	25	534	4-20-87
Except the school zone of High Street from Lincoln Street to State Street	20	534	4-20-87
John Street from Route 54 to U.S. Route 150	25	534	4-20-87
Except the school zone of John Street from Monroe Street to High Street	20	534	4-20-87
Plum Street, Clinton Avenue to north terminus	25	794	4-5-04

 

*Any person violating this provision of this schedule shall be fined a minimum of $150 and no more than $500.

 

(B)            Penalty.  Any person violating any provision of this schedule shall be fined not less than $50 nor more than $500 for each offense.

 

SCHEDULE II.  THROUGH STREETS.

 (A)            The streets and parts of streets of the city designated by ordinance as through streets are hereby declared to be through streets. The driver of a vehicle shall stop at the entrance to a through street and shall yield the right-of-way to other vehicles which have entered the intersection or which are approaching so close on a through street as to constitute an immediate hazard, unless directed otherwise by the traffic officer or a traffic control signal.

 

Street	Description	Ord. No.	Date Passed
North John Street	Commencing at the intersection of Dodge Street and North John Street thence south to the intersection of Allen Street and North John Street	320	10-5-59
South Main Street	Commencing at the intersection of Green Street and South Main Street, thence south to the intersection of South Main Street and Clinton Avenue	320	10-5-59

 

(B)            Penalty. Any person violating any provision of this schedule shall be fined not less than $50 nor more than $500 for each offense.

 

 SCHEDULE III.  STOP INTERSECTIONS.

 (A)            The following locations are designated as stop intersections.

 

Street	Direction of Traffic	Stop Intersection	Ord. No.	Date Passed
Allen Street	Eastbound and westbound	Main Street	667	7-1-96
Brookview Drive	Southbound	High Street	801	8-2-04
Dodge Street	East and west	Plum Street	534; 648	4-20-87; 6-5-95
Dodge Street	Eastbound and westbound	Main Street	801	8-2-04
Green Street	East and west	Center Street	695	6-1-98
High Street	East and west	Plum Street	534	4-20-87
High Street	East and west	John Street	648	6-5-95
High Street	East and west	Main Street	695	6-1-98
High Street	Eastbound and westbound (remove sign)	Plum Street	822	6-19-06
Hill Street	Approaching from both directions	John Street	582	10-21-91
James Street	Southbound	Water Street	667	7-1-96
James Street	Northbound and southbound	Market Street	667	7-1-96
John Street	North and south	Water Street	655	10-2-95
John Street	Northbound and southbound	High Street	719	8-2-99
John Street	North and south	Richardson Street	647	5-1-95
John Street	North and south	Monroe Street	848	9-8-08
John Street	East and west	Jackson Street	892	9-19-11
Monroe Street	West	John Street	848	9-8-08
Plum Street	Approaching from both directions	Dodge Street	582	10-21-91
Plum Street	Approaching from both directions	Richardson Street	582	10-21-91
Plum Street	Northbound and southbound	Water Street	667	7-1-96

 

Street	Direction of Traffic	Stop Intersection	Ord. No.	Date Passed
Plum Street	Northbound and southbound	High Street	822	6-19-06
Plum Street	North and south	Allen Street	885	7-5-11
Richardson Street	East and west	Plum Street	648	6-5-95
Van Buren Street	Eastbound and westbound	Main Street	667	7-1-96
Walnut Street	North and south	Richardson Street	534	4-20-87
Water Street	East and west	John Street	655	10-2-95
William Street	North and south	High Street	864	11-2-09

 

(B)            Penalty.  Any person violating any provision of this schedule shall be fined not less than $50 and no more than $500 for each offense.

(Am. Ord. 891, passed 9-19-11)

SCHEDULE VII.  YIELD INTERSECTIONS.

The following locations are designated as yield intersections.

Street	Direction of Traffic	Yield Intersection	Ord. No.	Date Passed
John Street	North and south	Depot Road	848	9-8-08
Market Street	East and west	West Street	648	6-5-95

 

 
            CHAPTER 78: PARKING SCHEDULES

 Schedule

I.            Parking prohibited

II.            Restricted parking

III.            Handicapped parking spaces

IV.            Loading and unloading zone

 

 

SCHEDULE I.  PARKING PROHIBITED.

 (A)            Parking shall be prohibited at the following locations.

Street	Location	Side	Ord. No.	Date Passed
Clinton AvenueF.A.P. Route 71	Throughout the city within city limits	Both	545	11-7-88
East High Street	Between West Street and Center Street	South	534	4-20-87
High Street	From James Street to Grove Street	South	883	2-21-11
James Street	From High Street to Market Street	East	883	2-21-11
John Street	Between Allen Street and Dodge Street intersections	West	534	4-20-87
John Street	Park playground area from Jackson Street intersection to Dodge Street intersection		534	4-20-87
Market Street	From the Lincoln Street intersection to the William Street intersection	South	534	4-20-87
Market Street	From Main Street to West Street	South	883	2-21-11
East Market Street	100 block from the existing designated handicapped parking area thence 100 feet east	North	733	6-15-00
South Main Street	From the intersection of the south side of Clinton Avenue and South Main Street, south a distance of 50 feet	East	320	10-5-59
South Main Street	From the intersection of the south side of Clinton Avenue and South Main Street, south a distance of 50 feet	West	320	10-5-59
Water Street	From the intersection of Service Way to Washington Street	South	883	2-21-11
Washington Street	From Water Street to Green Street	East	883	2-21-11
William Street	From Water Street to Green Street	East	883	2-21-11

 

(B)            The provisions of this schedule prohibiting parking shall not apply to emergency vehicles, while the driver thereof is engaged in the performance of emergency duties, nor shall provisions apply to persons actually engaged in repairing or otherwise improving the street under the authority of the city or under the authority of the state.  (Ord. 545, passed 11-7-88)

 (C)            Vehicles parked in no parking zones will be towed at the owner’s expense. (Ord. 534, passed 4-20-87)

 (D)            Penalty. Any person, firm or corporation who shall violate any provision of this schedule shall upon conviction, be fined not less than $100 nor more than $500 for each offense.  (Ord. 545, passed 11-7-88)

 

SCHEDULE II. RESTRICTED PARKING.

(A) It shall be unlawful for any person, firm or corporation to park or permit any vehicle to remain at the following locations for more than the amount of time indicated.

booatba            Safde            Restrictlosta            Gad            Dates        Pawed

Main Street            Between Route 54 and the                        Parking prohibited from            534            4-20-87

north side of the city                        12:00 a.m. to 6:00 a.m.

square                        on Sundays

North John            Between Dodge Street            East            While school classes are in            409            6-20-72

Street            and Allen Street                        session at the Farmer

City-Mansfield High School

and the Ruth M. Schneider

School between the hours

of 8:00 a.m. and 4:00 p.m.

South Main            From its intersection            West,            Parking prohibited between            409            6-20-72

Street            with Clinton Avenue            north,            the hours of 2:00 a.m. and

thence north on South            and            5:00 a.m.

Main Street to around both            east

sides of the city

park (Central Park) to

North Main Street

(B) Parking shall be restricted in the following manner.

Date

Base            Location            SSds            Restrictions            C            No.            Pawed

North John            Between Dodge Street and            West            Angle parking only            409            6-20-72

Street            Allen Street

(C) Penalty. Any person violating any provision of this schedule shall be fined not less than $50 nor more than $500 for each offense.

60            Fanner City – Tragic Code

Parking Schedules            61

SCHEDULE M. HANDICAPPED PARKING SPACES.

(A) The following locations are designated as handicapped parking spaces.

ILomeli=            Ord No.            Date Pawed

FFirst parking spot north of the Water Street intersection on the            534            4-20-87

east side of Main Street

First parking spot west of Main Street on the south side of            534            4-20-87

Green Street

IFirst parking spot west of the alley at the south east corner of            534            4-20-87

the city square on Main Street

(B) Penalty. Any person violating any provision of this schedule shall be lined not less than $50 nor more than $500 for each offense.
SCHEDULE IV.  LOADING AND UNLOADING ZONES.

(A)            The following locations are designated as loading and unloading zones.

 

Street	Location	Side	Ord. No.	Date Passed
East Market Street	200 block starting at the intersection with Lincoln Street extending to the west 100 feet	South	745	10-2-00

 

(B)            Immediately after sufficient notice of the provisions of this schedule shall be given to the public, the enforcement is hereby authorized and violators shall be subject to a fine of $3 in addition to any costs or charges connected with the removal or storage of the motor vehicle.

(Ord. 745, passed 10-2-00)

 

 

            CHAPTER 79: SEIZURE AND IMPOUNDING OF VEHICLES

Section

79.01            Definitions

79.02            Vehicles subject to seizure and impounding

79.03            Seizure and impounding of vehicles

79.04            Exceptions

79.05            Posting of bond

79.06            Preliminary hearing

79.07            Owner’s hearing

79.08            Unclaimed vehicles

79.09            Liability for penalty and costs

79.10            Hearing officer

79.11            Decision review

79.12           Other offenses authorizing towing/impound of vehicles

79.13           Funds management

 

 § 79.01  DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CONTROLLED SUBSTANCE.  Any substance as defined and included in the schedule contained in Article II of the Illinois Controlled Substance Act (ILCS Ch. 720, Act 570, § 1201) and cannabis as defined in § 1 of the Cannabis Control Act (ILCS Ch. 720, Act 550, §§ 11 et seq.).

DRIVING UNDER THE INFLUENCE.  Any violation as defined in § 11-501 of the Illinois Vehicle Code (ILCS Ch. 625, Act 5, § 11-501).

DRIVING WHILE LICENSE, PERMIT OR PRIVILEGE TO OPERATE A MOTOR VEHICLE IS SUSPENDED OR REVOKED.  Any violation as defined in § 6-303 of the Illinois Vehicle Code  (ILCS Ch. 625, Act 5, § 6-303).

DRUG PARAPHERNALIA. Any equipment, product, and/or materials as defined in § 2 of the Drug Paraphernalia Act (ILCS Ch. 720, Act 600, § 2).

HEARING OFFICER.  A licensed attorney who is not an officer or employee of the city.

OPERATE A MOTOR VEHICLE WITHOUT A VALID DRIVER’S LICENSE.  A violation of §  6-101 of the Illinois Vehicle Code, as amended from time to time (ILCS Ch. 625, Act 5, § 6-101).

OWNER OF RECORD.  The record title holder to a motor vehicle as registered with the Secretary of State, State of Illinois.

 UNLAWFUL USE OF WEAPONS.  A violation of § 24-1 of the Criminal Code of 1961 (ILCS Ch. 720, Act 5, § 24-1).

(Ord. 860, passed 9-8-09)

§ 79.02 VEHICLES SUBJECT TO SEIZURE AND IMPOUNDING.

A motor vehicle shall be subject to seizure and impoundment under this chapter where such motor vehicle is used in any of the following:

 (A) The possession or delivery of a controlled substance or drug paraphernalia;

 (B) Driving under the influence;

 (C) Driving while license, permit, or privilege to operate a motor vehicle is suspended or revoked;

 (D) The unlawful use of weapons; or

 (E) Driving without a valid driver’s license (expired greater than one year, never been issued a driver’s license, foreign license in use outside of limitations).

(Ord. 860, passed 9-8-09)

 

 § 79.03  SEIZURE AND IMPOUNDING OF VEHICLES.

Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this chapter, the police officer shall cause the motor vehicle to be towed to facility controlled by the city or its agent(s). When the vehicle is towed, the police officer shall notify any person identifying himself or herself as the owner of the vehicle or any person who is found to be in control of the vehicle at the time of the alleged violation, if there is such a person, of the fact of the seizure and of the vehicle owner’s right to request a preliminary hearing as provided in this chapter.

(Ord. 860, passed 9-8-09)

 

§ 79.04  EXCEPTIONS.

The provisions of this chapter shall not apply if at the time of the offense, the vehicle was found to have been stolen and the theft was reported to the appropriate police authority within 24 hours after the theft was, or reasonably should have been discovered, or if the vehicle is a common carrier, i.e. a taxi carrying paying passengers or bus.

(Ord. 860, passed 9-8-09)

 

 § 79.05  POSTING OF BOND.

If a bond in the amount of $450 is posted with the city, the impounded vehicle will be released to the owner of record, upon the payment by the owner of record of the towing and storage costs. If a penalty is imposed for a violation of this chapter, the bond will be forfeited to the city; provided, in the event that a violation of this chapter is not proven, the bond will be returned to the person posting the bond. All bond money posted pursuant to this chapter will be held by the city until the Hearing Officer issues a decision, or, if there is a judicial review, until the court issues its final decision.

(Ord. 860, passed 9-8-09)

 

 § 79.06  PRELIMINARY HEARING.

Where the owner of a motor vehicle seized under the provisions of this chapter requests a preliminary hearing within 12 hours after the seizure of the motor vehicle, a Hearing Officer of the city must conduct a preliminary hearing within 72 business hours after the request for preliminary hearing is received by the city; not including Saturdays, Sundays, or legal holidays. For purposes of this section, the following shall apply:

 (A)            All interested persons will be given reasonable opportunity to be heard at the preliminary hearing;

 (B)            The formal rules of evidence will not apply at the hearing, and hearsay testimony will be allowed, and will be admissible;

(C)            If, at the conclusion of the hearing, the Hearing Officer determines that there is probable cause to believe that the vehicle was used as hereinabove provided, the Hearing Officer shall order the continued impoundment of the vehicle, unless the owner of the vehicle posts a cash bond with the city in the amount of $450, plus makes restitution of the towing and storage costs; and

 (D)            If the Hearing Officer determines that there is not probable cause to believe that the vehicle was used as hereinabove provided, the motor vehicle will be returned to the owner of record of the vehicle without penalty or other costs, other than the towing and storage fees.

(Ord. 860, passed 9-8-09)

 

 § 79.07  OWNER’S HEARING.

 (A)            Notice of hearing. Within ten days of the vehicle’s impoundment, the city shall notify the owner of record of the motor vehicle by certified mail, return receipt requested, and first class mail, postage prepaid, of his/her right to a full hearing before the Hearing Officer to determine whether the subject vehicle is eligible for impoundment; and that, in the event the owner of record would like a hearing, he or she must file a request for such hearing in writing to the Farmer City Police Department at 105 South Main Street, Farmer City, Illinois, within 15 days of the posted date of the notice. If a written request is not received within fifteen days of mailing the notice, then the owner is defaulted and the impoundment fee will be kept by the city or if no fee posted, then the vehicle can be sold as abandoned 30 days after the default.

(B)            Hearing. For purposes of this section, the following shall apply to the owner’s hearing:

(1)            Unless continued by order of the hearing officer, the hearing shall be held within 30 days after a request for hearing is received by the Farmer City Police Department;

(2)            All interested persons will be given a reasonable opportunity to be heard at the preliminary hearing;

(3) If, after the conclusion of the hearing, the Hearing Officer determines by a preponderance of the evidence that the vehicle was used as hereinabove provided, the Hearing Officer shall order the continued impoundment of the vehicle until the owner of the vehicle pays to the city a penalty in the amount of $450, plus shows restitution of towing and storage costs. The penalty shall be a debt due to the city;

 (4)            If the owner of record fails to appear at the hearing, the hearing officer shall enter an order of default in favor of the city, which order shall require the payment to the city of an administrative penalty of $450; and

 (5)            If the Hearing Officer determines that the vehicle was not used as hereinabove provided, the motor vehicle shall be returned to the owner of record of the vehicle without penalty or other costs, other than the cost of towing and storage, and, if a cash bond had previously been posted, the cash bond shall be returned.

(Ord. 860, passed 9-8-09)

 

§ 79.08  UNCLAIMED VEHICLES.

If the administrative penalty and applicable towing and storage fees are not paid within 30 days after the expiration of time in which administrative review of the Hearing Officer’s determination may be sought, or within 30 days after an action seeking administrative review has been resolved in favor of the city, whichever is applicable, the vehicle shall be deemed unclaimed and shall be disposed of in the manner provided by law for the disposition of unclaimed vehicles under the Illinois Vehicle Code.

(Ord. 860, passed 9-8-09)

 

 § 79.09  LIABILITY FOR PENALTY AND COSTS.

 (A)            The owner of record of a motor vehicle that is seized or impounded shall be liable to the city of a penalty of $450 in addition to any fees for the towing and storage of the motor vehicle.

 (B)            Fees for towing and storage are established by the towing company, and not by the city.

 (C)            A vehicle impounded pursuant to this chapter shall remain impounded until the earlier of the following occur:

 (1)            The penalty is paid to the city, and all towing and storage costs are paid to the towing company;

 (2)            A bond in an amount equal to the liability of the owner as herein provided in division (A) of this section is posted with the city and all applicable towing and storage costs are paid to the towing company; and

(3)            The vehicle is deemed abandoned, in which case the vehicle shall be disposed of in the manner provided by law for the disposition of abandoned or unclaimed vehicles.

 (D)            Except as otherwise specifically provided by law, no owner, lien holder, or any other person shall be legally entitled to take possession of a motor vehicle impounded under this chapter until the penalty and all towing and storage costs applicable under this chapter have been paid in full.

 (E)            Whenever a person or other entity with a lien of record against an impounded vehicle has proof of commenced foreclosure or repossession proceedings, and also provides the city with a hold harmless letter, possession of the vehicle shall be given to that lien holder upon payment of bond and all towing and storage costs.

(Ord. 860, passed 9-8-09)

 

 § 79.10  HEARING OFFICER.

The Hearing Officer shall be appointed by the City Manager. The Hearing Officer shall be an attorney licensed to practice law in the State of Illinois for a minimum of three years next preceding the date of his or her appointment.

(Ord. 860, passed 9-8-09)

 

 § 79.11  DECISION REVIEW.

Any party aggrieved by a final decision of the Hearing Officer may appeal that decision pursuant to the provision of the Illinois Administrative Review Act (ILCS Ch. 735, Act 5, §§ 1-101 et seq.).

(Ord. 860, passed 9-8-09)

 

§ 79.12 OTHER OFFENSES AUTHORIZING TOWING/IMPOUND OF VEHICLES.

(A) Any motor vehicle meeting the criteria to tow and impound as described in the Illinois Vehicle Code, and not meeting the aforementioned criteria for the administrative fee, shall be towed and impounded in accordance with provisions established in the Illinois Vehicle Code (ILCS Ch. 625) and assessed a $30 daily (per 24 hour) storage fee, in addition to any applicable towing and/or storage costs imposed by the towing company.

(B) No additional storage fees shall be applied to the administrative fee schedule set forth in this chapter (§ 79.02).

(Ord. 860, passed 9-8-09)

 

§ 79.13  FUNDS MANAGEMENT.

All funds related to penalties and forfeiture described in this chapter shall be managed by the City Clerk. All such funds shall be deposited in the DUI Account of the Farmer City Police Department.

(Ord. 860, passed 9-8-09)