CHAPTER 24
MOTOR VEHICLE CODE
ARTICLE I - DEFINITIONS
24-1-1 ILLINOIS VEHICLE CODE; DEFINITIONS ADOPTED. The Illinois Vehicle Code, Illinois Compiled Statutes, Chapter 625, Chapter 1, entitled "Title and Definitions", as passed, approved and amended by the Illinois General Assembly is hereby adopted by the City, the provisions thereof shall be controlling within the corporate limits of the City. (See 65 ILCS Sec. 5/1-3-2)
ARTICLE II - GENERAL REGULATIONS
24-2-1 SALE OF MERCHANDISE FROM PARKED VEHICLES. It shall be unlawful for the operator of any vehicle to park the same upon any street from said vehicle merchandise is being sold, except in duly established market places.
24-2-2 SCENE OF FIRE. The Fire Department officer in command or any fireman designated by him may exercise the powers and authority of a policeman in directing traffic at the scene of any fire or where the Fire Department has responded to an emergency call for so long as the Fire Department equipment is on the scene in the absence of or in assisting the Police Department.
24-2-3 SIGNS AND SIGNALS. It shall be unlawful for the driver of any vehicle to disobey the instructions of any traffic sign or signal placed in view by authority of the corporate authorities or in accordance with the laws of the State of Illinois except upon direction of a police officer. All signs and signals established by direction of the governing body shall conform to the Illinois State Manual of Uniform Traffic Control Devices for Streets and Highways. Schedule “V” - Signs and Signals shall be an integral part of this Section. (See 625 ILCS 5/11-301)
24-2-4 UNAUTHORIZED SIGNS. No person shall place, maintain or display upon or in view of any street, any unauthorized sign, signal, marking, light, reflector 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, nor shall any person place, maintain or display upon or in view of any street, any other sign which hides from view or interferes with the movement of traffic or effectiveness of any traffic-control device or any railroad sign or signal, and no person shall place or maintain, nor shall any public authority permit upon any highway, any traffic sign or signal bearing thereon any commercial advertising. No tree, bush or foliage of any kind shall be so placed, maintained, allowed to remain, or be displayed upon either public or private property in such a manner as to hide from view or interfere with the movement of traffic or the effectiveness of any traffic-control device, sign or signal.
24-2-5 ADVERTISING SIGNS. It shall be unlawful to maintain anywhere in the City any sign, signal, marking or device other than a traffic sign or signal authorized by the City Council or the Illinois State Department of Public Works and Buildings, which purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal in view of any street or highway, and it shall be unlawful to place or maintain any sign which hides from view any lawful traffic-control device. It shall be unlawful to maintain or operate any flashing or rotating beacon of light in view of any street or highway. (See Chapters 27 and 33) (Also See Chapter 40 - Zoning Code)
ARTICLE III - STOP AND THROUGH STREETS
24-3-1 THROUGH STREETS. 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. See Schedule “A” for applicable through and stop streets.
24-3-2 ONE-WAY STREETS OR ALLEYS. It shall be unlawful to operate any vehicle on any streets or alleys designated as one-way streets or alleys by ordinance in any direction other than that so designated. See Schedule “B” for the designated one-way streets and alleys. (See 625 ILCS Sec. 5/11-208)
24-3-3 STOP STREETS. The driver of a vehicle shall stop in obedience to a stop sign at an intersection where a stop sign is erected pursuant to ordinance at one or more entrances thereto and shall proceed cautiously, yielding to the vehicles not so obliged to stop which are within the intersection or approaching so close as to constitute an immediate hazard, unless traffic at such intersection is controlled by a police officer on duty, in which event, the directions of the police officer shall be complied with. See Schedule “A” for designated stop intersections. (See 625 ILCS Sec. 5/11-302)
24-3-4 YIELD RIGHT-OF-WAY STREETS. The driver of a vehicle approaching a yield sign, in obedience to such sign, shall 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 or 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 such driver is moving across or within the intersection. (See Schedule “C”)
24-3-5 POSTING SIGNS. Appropriate signs shall be posted to show all through, stop and yield right-of-way streets, all one-way streets and alleys and all stop intersections. (See 625 ILCS Sec. 5/11-304)
ARTICLE IV - DRIVING RULES
24-4-1 ILLINOIS VEHICLE CODE; RULES OF THE ROAD ADOPTED. The Illinois Vehicle Code, Illinois Compiled Statutes, Chapter 625, Section 11, entitled "Rules of the Road", as passed, approved and amended by the Illinois General Assembly is hereby adopted by the City and the provisions thereof shall be controlling within the corporate limits of the City except for the following changes, deletions and omissions:
(A) Omissions:
(1) Omit Sections 11-207, 11-208.1, 11-208.2, 11-209.1, 11-302, 11-303, 11-310(f), 11-313, 11-401 to and including 11-416, 11-500 to and including 11-502, 11-602, 11-603, 11-604, 11-606(b), 11-608, 11-1419, and 11-1422.
(B) Changes and Additions:
(1) Change 11-904(a) to read: "Preferential right-of-way at an intersection may be indicated by stop or yield signs as authorized by this Code."
(2) Change 11-1416(a) to read: "Any person who shall willfully and unnecessarily attempt to delay, hinder or obstruct any other person in lawfully driving and traveling upon or along any highway within this State or who shall offer for barter or sale, merchandise on said highway so as to interfere with the effective movement of traffic shall, upon conviction, be guilty of a violation of this Code."
24-4-2 DRIVING RULES.
(A) General Speed Restrictions. The speed limits on the various streets shall be approved by the City Council, but shall not exceed twenty miles per hour (20 MPH) in a school zone and not to exceed thirty miles per hour (30 MPH) on a residential street; otherwise, thirty miles per hour (30 MPH) on an arterial street unless otherwise posted. (See Schedule “D”) (See 625 ILCS Sec. 5/11-604)
(B) Special Speed Limit While Passing Schools. No person shall drive a motor vehicle at a speed in excess of twenty miles per hour (20 MPH) while passing a school zone or while traveling upon any public thoroughfare on or across which children pass going to and from school during school days when school children are present.
This section shall not be applicable unless appropriate signs are posted upon streets and maintained by the City or State wherein the school zone is located. (See 625 ILCS Sec. 5/11-605)
(D) U-Turns Prohibited. No driver of a vehicle shall make a "U-turn" on any street or at any intersection of any streets in the City.
ARTICLE V - PARKING RULES
24-5-1 TIME LIMIT PARKING. It shall be unlawful to park any vehicle for a period of time in excess of the amount of time designated by law and so posted.
24-5-2 PARKING FOR SALE, REPAIR OR PEDDLING PROHIBITED. No person shall park a vehicle upon any street for the purpose of:
(A) displaying such vehicle for sale; or
(B) washing, greasing or repairing such vehicle, except when emergency repairs are necessary; or
(C) peddling merchandise.
24-5-3 PRIVATE PROPERTY. It shall be unlawful to park any motor vehicle on any private property without the consent of the owner of the property.
24-5-4 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 official traffic-control devices, 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 thirty (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.
(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 any alley that is open and maintained.
(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 fifteen (15) feet of a fire hydrant.
(c) Within ten (10) feet of a crosswalk at an intersection.
(d) Within twenty (20) feet upon the approach to any flashing signal, stop sign, yield sign or traffic-control signal located at the side of the roadway.
(e) Within twenty feet (20’) of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of such entrance (when properly sign-posted).
(f) At any place where official signs prohibit standing or parking.
(3) Parking a Vehicle (whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unoading property or passengers):
(a) within fifty (50) feet of the nearest rail of a railroad crossing;
(b) at any place where official signs prohibit parking;
(c) in yellow zones.
(B) No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such distance as is unlawful.
(C) Schedules "E", "F" and "G" shall list all applicable no-parking zones.
(D) Truck Parking Prohibited. No second Division vehicle licensed for a “F” classification or higher shall be parked on any street, alley or any public parking lot not so designated for public parking of vehicles described herein in the City except temporary parking for loading and unloading purposes. Vehicle described in this paragraph shall include either the tractor or trailer of such unit. (See 625 ILCS Sec. 5/3-815)
24-5-5 PARKING FOR THE HANDICAPPED.
(A) Designated Parking. Certain parking spaces within the confines of the City shall be designated for use by handicapped persons' vehicles only and will be posted with appropriate signs to that effect.
(B) Use of Designated Handicapped Parking. The use of designated handicapped parking locations, duly posted and signed shall to that effect, be open to any vehicle which bears the appropriate handicapped Illinois Registration Plate issued by the Secretary of State for the State of Illinois, or a valid handicapped parking permit issued by another governmental agency or which bears a handicapped card furnished in accordance with Illinois Compiled Statutes, Chapter 625; Section 5/11-1301.1, et. seq. furnished by the City.
(C) Application for Illinois Handicapped Registration Plate. The issuance of an Illinois Handicapped Motor Vehicle Registration Plate shall be made with the Secretary of State of the State of Illinois at any facility provided and approved for that purpose by the Secretary of State. (See 625 ILCS Sec. 5/11-1301.2)
(D) Penalty. Any vehicle parked in violation of this Article in a posted designated handicapped space which does not bear an Illinois Handicapped Registration Plate, or a valid handicapped parking permit issued by another governmental agency of a City Handicapped Registration Card will be ticketed and the vehicle will be removed in accordance with departmental policies and in accordance with Section 5/11-1302, Chapter 625 of the Illinois Compiled Statutes. The registered owner of the vehicle as ascertained by the registration of the vehicle will be presumed to be in control of the vehicle and will be fined One Hundred Dollars ($100.00). The same registered owner will be held liable for the cost of removal of the vehicle and must pay that cost, plus storage charges, if any, prior to the release of the vehicle. (Ord. No. 1207; 10-28-02)
(E) Handicapped Parking Areas. Those places designated as "Handicapped Parking Spaces" are listed in Schedule "H".
24-5-6 LOAD LIMITS.
(A) Established. There is hereby established "gross load limit" on City streets listed in Schedule “J”. The term "gross load limit" shall mean the total weight of a vehicle and the load it is carrying. The specified streets and the load limits are hereby listed in Schedule "J".
(B) Restrictions. It shall be unlawful to operate a vehicle upon any street where the operation is prohibited by this Section and where such signs of prohibition are posted, except that a vehicle may be driven on such street for not more than the minimum distance necessary for the purpose of making deliveries or picking up loads.
(C) Exceptions. This Chapter shall not include pickup trucks, trucks operated by the City maintenance and repairs on the street or the operation of a vehicle owned by the U.S. government or State of Illinois while on lawful business of these agencies.
24-5-7 TOWING CARS AWAY. The Police Department and all members thereof assigned to traffic duty are hereby authorized to remove and tow away, or have removed and towed away by commercial towing service, any car, boat, trailer, or other vehicle illegally parked in any place where such parked vehicle creates or constitutes a traffic hazard, blocks the use of a fire hydrant or obstructs or may obstruct the movement of any emergency vehicle; or any vehicle which has been parked in any public street or other public place for a period of twenty-four (24) hours.
Vehicles towed away shall be stored on any City property or in a public garage or parking lot and shall be restored to the owner or operator thereof after payment of the expense incurred by the City in removing and storing such vehicle(s).
24-5-8 PARKING VIOLATIONS. Any person accused of a violation of an ordinance prohibiting parking a vehicle in a designated area or restricting the length of time a vehicle may be there parked, may settle and compromise the claim against him or her for such illegal parking by paying to the City Twenty-Five Dollars ($25.00) for each such offense and Fifty Dollars ($50.00) for the second offense occurring within six (6) months of original citation. Such payment may be made at the City Hall and a receipt shall be issued for all money so received and such money shall be promptly turned over to the Treasurer to be credited to the General Fund.
Provided, this Section shall not apply to persons parking a vehicle so as to obstruct the entrance or exit of any place where Police and 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 remove a vehicle illegally parked at the request of any member of the Police Department. (Ord. Nol. 1326; 02-13-06)
(A) Removal - Time Limit. Any vehicle illegally parked for a period in excess of twenty-four (24) hours may be removed by a towing service authorized by the Police Department of the municipality. In any emergency, any vehicle may be removed by any means when authorized by the Police Department of the municipality.
(B) If a vehicle is parked on or along any City street and the owner of said vehicle has at least two (2) outstanding parking tickets against them, the Police Department shall tow said vehicle. Before the owner can retrieve said vehicle he/she must pay towing fee and all parking tickets.
(C) City Parking Lots. No person shall park a motor vehicle on a City parking lot unattended for more than three (3) consecutive days. (Ord. No. 1181; 03-26-01)
(D) Parking Violation Ticket. The parking violation ticket shall be as follows:
24-5-9 PRIMA FACIE PROOF. The fact that a vehicle which is illegally parked or operated is registered in the name of a person shall be considered prima facie proof that such person was in control of the vehicle at the time of such violation.
24-5-10 PARKING DURING SNOW REMOVAL.
(A) Hours Parking Prohibited. It shall be unlawful to park any vehicle on any of the streets hereinafter names between the hours of one minute after six o’clock (6:01) P.M. and six o’clock (6:00) A.M. after a snowfall of two (2) inches or more in depth.
(B) Snow Routes Designated. To facilitate the removal of snow, the following streets shall be snow routes and shall be appropriately marked as such:
Deneen Street From Lafayette Street to Bunker Hill Road
Elm Street From Main Street to Pearl Street
Henry Street From Union Street to Wood Street (#1210)
Lafayette Street From Route 4 to Deneen Street
Laurel Street From North Street to Mill Street (#1210)
Main Street From Easton Street to Route 4
Pearl Street From Laurel Street to Route 4
Pennsylvania Street From Union Street to Route 4
Prairie Street From Route 4 to Deneen Street
Union Street From North Street to Henry Street (#1210)
Wood Street From Main Street to Pearl Street
Subdivisions
Canadian Crossing All Streets (#1210)
Evergreen All Streets (#1210)
Miller Drive All Streets (#1210)
Stone Creek All Streets (#1210)
Timberview All Streets (#1210)
Woods Mill Drive All Streets (#1210)
(C) Towing Illegally Parked Vehicles. Any car or vehicle parked illegally as provided in subsections (A) and (B) above may be removed and towed away at the discretion of the Street and Alley Department or the Police Department as herein provided. Cars so towed away for illegal parking shall be stored in a safe p[lace and shall be restored to the owner or operator of such car upon payment of a fee of Fifty Dollars ($50.00) within twenty-four (24) hours after the time such car was removed, plus Ten Dollars ($10.00) for each additional twenty-four (24) hours or fraction thereof. (Ord. No. 923; 03-13-89)
24-5-11 STREET SWEEPING HOURS. To facilitate street sweeping, the following streets shall be designated “No Parking” between the hours of 4:00 A.M. and 7:00 A.M. on Monday and Thursday. Parking shall be allowed in designated areas once sweeping has been completed. “No Parking” areas shall be appropriately marked. (See Schedule “K” for the list of streets.) (Ord. No. 1209; 10-28-02)
24-5-12 PARKING TICKETS - STATE STATUTE. The City Council intends to utilize Illinois Compiled Statutes, Chapter 625; Section 5/6-306.5 and the procedure set forth therein.
The appropriate authorities are hereby authorized to utilize the statute and the procedure set forth therein.
ARTICLE VI - ABANDONED VEHICLES
24-6-1 DEFINITIONS. For the purpose of this Code, the following words shall have the meanings ascribed to them as follows:
“ABANDONED VEHICLE” shall mean all motor vehicles or other vehicles in a state of disrepair, rendering the vehicle incapable of being driven in its condition; or any motor vehicle or other vehicle that has not been moved or used for seven (7) consecutive days or more and is apparently deserted. (Ord. No. 1294; 08-22-05)
“ANTIQUE VEHICLE” means any motor vehicle or other vehicle twenty-five (25) years of age or older.
“COMPONENT PART” means any part of a vehicle other than a tire having a manufacturer's identification number or an identification number issued by the Secretary of State.
“DERELICT VEHICLE” means any inoperable, unregistered, or discarded motor vehicle, regardless of title, having lost its characteristic as a substantial property and left unattended without justification on the owner's, lienholder's or other legally entitled person's land contrary to the public policy expressed in this Code.
“HIGHWAY” means any street, alley or public way within this municipality.
“REMOVE” means to remove, deface, cover, or destroy.
“VEHICLE” means every device in, upon or by which any person or property is or may be transported or drawn upon a street or highway, whether subject to or exempt from registration, excepting, however, bicycles, snowmobiles and devices used exclusively upon stationary rails or tracks. (See 625 ILCS Sec. 5/4-201)
24-6-2 ABANDONMENT.
(A) Highway. The abandonment of a motor vehicle or other vehicle or part thereof on any highway in this municipality is unlawful and subject to penalties as set forth herein.
(B) Private Property. The abandonment of a vehicle or any part thereof on private or public property other than a highway in view of the general public anywhere in this municipality is unlawful, except on property of the owner, or bailee of such abandoned vehicle.
(C) Owner's Property. A vehicle or any part thereof so abandoned on private property shall be authorized for removal by the police department, after a waiting period of seven (7) days or more, or may be removed immediately if determined to be a hazardous dilapidated motor vehicle under Ch. 65 Sec. 5/11-40-3.1 of the Illinois Compiled Statutes. A violation of this section is subject to penalties as set forth in Section 1-1-20 of the City Code. (See 625 ILCS Sec. 5/4-201)
24-6-3 POSSESSION OF VEHICLE BY OTHER PARTY; TOWING. Where an abandoned, lost, stolen or unclaimed motor vehicle or other vehicle comes into the temporary possession or custody of a person in this municipality who is not the owner, lienholder or other legally entitled person of the vehicle, such person shall immediately notify the Police Department when the vehicle is within the corporate limits of the municipality. Upon receipt of such notification, the Police Department or designated representative shall authorize a towing service to remove and take possession of the abandoned, lost, stolen or unclaimed motor vehicle or other vehicle. The towing service will safely keep the towed vehicle and its contents, maintain a record of the tow, as set forth in Section 24-6-5, until the vehicle is claimed by the owner, lienholder, or any other person legally entitled to possession thereof or until it is disposed of as provided in this Chapter. (See 625 ILCS Sec. 5/4-202)
24-6-4 REMOVAL OF MOTOR VEHICLES OR OTHER VEHICLES - TOWING OR HAULING AWAY.
(A) When a vehicle is abandoned or left unattended on a highway in an urban district for ten (10) hours or more, its removal by a towing service may be authorized by the Police Department.
(B) When an abandoned, unattended, wrecked, burned or partially dismantled vehicle is creating a traffic hazard because of its position in relation to the highway or its physical appearance is causing the impeding of traffic, its immediate removal from the highway or private property adjacent to the highway by a towing service may be authorized by the Police Department.
(C) When a vehicle removal from either public or private property is authorized by the Police Department, the owner, lienholder or other legally entitled person of the vehicle shall be responsible for all towing costs.
(D) The remaining provisions of Section 4-203 of Chapter 95 1/2, of the Illinois Compiled Statutes are hereby adopted by reference and the provisions thereof shall be controlling within the corporate limits of this municipality. (See 625 ILCS Sec. 5/4-203)
24-6-5 POLICE RESPONSIBILITIES. When a vehicle is authorized to be towed away as provided herein, the Police Department shall keep and maintain a record of the vehicle towed, listing by color, year of manufacture, manufacturer's trade name, manufacturer's series name, body style, vehicle identification number and license plate year and number displayed on the vehicle. The record shall also include the date and hour of tow, location towed from, location towed to, reason for towing and the name of the officer authorizing the tow. (See 625 ILCS Sec. 5/4-204)
24-6-6 UNKNOWN OWNER. When the Police Department does not know the identity of the registered owner, lienholder or other legally entitled person, they will cause the motor vehicle registration records of the State of Illinois to be searched by a directed communication to the Secretary of State for the purpose of obtaining the required ownership information.
The Police Department authorizing the impoundment shall cause the stolen motor vehicle files of the Illinois State Police to be searched by a directed communication to the Illinois State Police for stolen or wanted information of the vehicle. The information determined from these record searches shall be used by the Police Department in sending notification by certified mail to the owner, lienholder or legally entitled person advising where the vehicle is held, requesting a disposition to be made and setting forth public sale information. (See 625 ILCS Sec. 5/4-205)
24-6-7 IDENTIFYING AND TRACING VEHICLE. When the registered owner, lienholder, or other person legally entitled to the possession of a motor vehicle or other vehicle cannot be identified from the registration files of this State or from the registration files of a foreign state, if applicable, the Police Department shall notify the Illinois State Police for the purpose of identifying the vehicle's owner, lienholder, or other person legally entitled to the possession of the vehicle. The information obtained by the Illinois State Police shall be immediately forwarded to the Police Department having custody of the vehicle for notification purposes as set forth in Section 24-6-6 of this Chapter. (See 625 ILCS Sec. 5/4-206)
24-6-8 RECLAIMED VEHICLES - EXPENSES. Any time before a motor vehicle or other vehicle is sold at public sale or disposed of as provided in Section 24-6-9, the owner, lienholder, or other person legally entitled to its possession may reclaim the vehicle by presenting to the Police Department proof of ownership or proof of the right to possession of the vehicle. No vehicle shall be released to the owner, lienholder, or other legally entitled person under this section until all towing and storage charges have been paid. (See 625 ILCS Sec. 5/4-207)
24-6-9 DISPOSAL OF UNCLAIMED VEHICLE. Whenever an abandoned, lost, stolen, or unclaimed motor vehicle or other vehicle seven (7) years of age or newer remains unclaimed by the registered owner, lienholder, or other person legally entitled to its possession for a period of thirty (30) days after notice has been given as provided herein, the Police Department having possession of the vehicle shall cause it to be sold at public auction to a person licensed as an automatic parts recycler, rebuilder or scrap processor under Chapter 5 of Chapter 95 1/2, of the Illinois Compiled Statutes. Notice of the time and place of the sale shall be posted in a conspicuous place for at least ten (10) days prior to the sale on the premises where the vehicle has been impounded. At least ten (10) days prior to the sale, the Police Department shall cause a notice of the time and place to be sent by certified mail to the registered owner, lienholder, or other person known by the Police Department or towing service to be legally entitled to the possession of the vehicle. Such notice shall contain a complete description of the vehicle to be sold and what steps must be taken by any legally entitled person to reclaim the vehicle.
In those instances where the certified notification specified herein has been returned by he postal authorities to the Police Department due to the addressee having moved or being unknown at the address obtained from the registration records of this State, the sending of a second certified notice shall not be required.
24-6-10 DISPOSAL OF UNCLAIMED VEHICLES WITHOUT NOTICE.
(A) New Car. When the identity of the registered owner, lienholder, or other person legally entitled to the possession of an abandoned, lost, or unclaimed vehicle of seven (7) years of age or newer cannot be determined by any means provided for in this Chapter, the vehicle may be sold as provided for in Section 24-6-9 of this Code without notice to any person whose identity cannot be determined.
(B) Old Car. When an abandoned vehicle of more than seven (7) years of age is impounded as specified by this Code, it shall be kept in custody for a minimum of ten (10) days for the purpose of determining the identity of the registered owner and lienholder and contacting the registered owner and lienholder by the U.S. Mail, public service or in person for a determination of disposition; and an examination of the Illinois State Police stolen motor vehicle files for theft and wanted information. (At the expiration of the ten (10) day period without the benefit of disposition information being received from the registered owner, lienholder or other legally entitled person, the Chief of Police shall authorize the disposal of the vehicle as junk.)
(C) Antique Vehicle. A vehicle classified as an antique vehicle may, however, be sold to a person desiring to restore it. (See 625 ILCS Sec. 5/4-209)
24-6-11 POLICE RECORD FOR DISPOSED VEHICLE. When a motor vehicle or other vehicle in the custody of the Police Department is reclaimed by the registered owner, lienholder, or other legally entitled person or when the vehicle is sold at public sale or otherwise disposed of as provided in this Chapter, a report of the transaction shall be maintained by the Police Department for a period of one (1) year from the date of the sale or disposal. (See 625 ILCS Sec. 5/4-210)
24-6-12 PUBLIC SALE PROCEEDS. When a vehicle located within the corporate limits of this municipality is authorized to be towed away by the Police Department and disposed of as set forth in this Code, the proceeds of the public sale or disposition, after the deduction of towing, storage and processing charges, shall be deposited in the municipal treasury. (See 625 ILCS Sec. 5/4-211)
24-6-13 LIABILITY. A law enforcement officer or agency, towing service owner, operator or employee shall not be held to answer or be liable for damages in any action brought by the registered owner, former registered owner or his legal representative, lienholder, or any other person legally entitled to the possession of a vehicle when the vehicle was processed and sold or disposed of as provided by this Code. (See 625 ILCS Sec. 5/4-213)
24-6-14 PENALTY.
(A) Any person who violates or aids and abets in the violation of this Article is guilty of a petty offense, and
(B) shall be fined not less than Seventy-Five Dollars ($75.00) nor more than Seven Hundred Fifty Dollars ($750.00), and
(C) shall be required by the Court to make a disposition on the abandoned or unclaimed vehicle and pay all towing and storage charges pursuant to this Article. (See 625 ILCS Sec. 5/4-214)
ARTICLE VII - INOPERABLE VEHICLES
24-7-1 DEFINITIONS. Whenever the following terms are used in this Chapter, they shall have the meanings respectively ascribed to them in this Section:
“Inoperable Motor Vehicle”: Any motor vehicle which, for a period of at least seven (7) days, the engine, wheels or other parts have been removed; or on which the engine, wheels or other parts have been altered, damaged or otherwise so treated that the vehicle is incapable of being driven under its own motor power. “Inoperable Motor Vehicle” shall not include a motor vehicle which has been rendered temporarily incapable of being driven under its own motor power in order to perform ordinary service or repair operations.
“Operable Historic Vehicle”: A vehicle over twenty-five (25) years of age which is capable of being driven under its own motor power and which is licensed in accordance with the applicable Illinois statutes and in accordance with the applicable vehicle tax provisions of this Code. (65 ILCS 5/11-40-3)
24-7-2 NUISANCE DECLARED; EXCEPTIONS. The location or presence of any inoperable motor vehicles on any lot, tract, parcel of land or portion thereof, occupied or unoccupied, improved or unimproved, within the City shall be deemed a public nuisance; and it shall be unlawful for any person to cause or maintain such public nuisance by wrecking, dismantling, rendering inoperable, abandoning or discarding his vehicle or vehicles on the property of another or to suffer, permit or allow the same to be placed, located, maintained or to exist upon his own real property or any premises leased or occupied by him; provided, that this Section shall not apply to:
(A) A vehicle or part thereof which is completely enclosed within a building in a lawful manner, where it is not visible from the street or other public or private property;
(B) A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer, or a vehicle on the premises of a licensed business engaged in wrecking or junking of vehicles, if such businesses are otherwise permitted by the ordinances of the City; or
(C) Operable historic vehicles. (65 ILCS 5/11-40-3)
24-7-3 NOTICE TO REMOVE; HEARING.
(A) Notice to Remove.
(1) Vehicle on Private Property. Whenever such public nuisance exists in the City in violation hereof, the City of Staunton Police Department shall give not less than seven
(7) days’ notice to the owner of the real property, the occupant or lessee, if any, of the premises whereon such public nuisance exists to abate or remove the same, stating the nature of the public nuisance on private property, that it must be removed and abated within seven (7) days and, further, that a request for a hearing must be made before the expiration of said seven (7) day period by the aggrieved person, such notice to be personally served or to be mailed, by certified or registered mail with a five (5) day return receipt requested and by regular mail, to the owner, the occupant or the lessee of the private premises whereupon such public nuisance exists. If notice by mail is returned undelivered by the United States post office, official action to abate said nuisance shall be continued to a date not less than ten (10) days from the date of such return.
(2) Vehicle on Public Property. Whenever such public nuisance exists in the City in violation hereof, the City of Staunton Police Department shall give not less than a seven (7) day notice, stating the nature of the public nuisance on the public property or on a public right-of-way, that it must be removed and abated within seven (7) days and, further, that a request for a hearing must be made before the expiration of said seven (7) day period, such notice personally served or to be mailed, by certified or registered mail with a five (5) day return receipt requested, to the owner, the occupant or the lessee of the public premises or to the owner, the occupant or the lessee of the premises adjacent to the public right-of-way whereupon such public nuisance exists. If notice by mail is returned undelivered by the United States post office, official action to abate said nuisance shall be continued to a date not less than seven (7) days from the date of such return.
(B) Hearing Prior to Removal. A public hearing prior to the removal of the vehicle or part thereof as a public nuisance is to be held before a person designated by the City. When such a hearing is requested by the owner, the occupant or the lessee of the public or private premises or by the owner, the occupant or the lessee of the premises adjacent to the public right-of-way on which said vehicle is located, within seven (7) days after service of notice to abate the nuisance, any resolution or order requiring the removal of a vehicle or part thereof shall include a description of the vehicle and the correct identification number and license number of the vehicle, if available at the site.
24-7-4 REMOVAL WITH PERMISSION OF OWNER OR OCCUPANT. If within seven (7) days after receipt of notice from the City of Staunton Police Department or its agents to abate the nuisance, as herein provided, the owner, the occupant or lessee of the premises shall give his written permission to the City for removal of the inoperable motor vehicle from the premises, the removal shall be at the expense of said owner. The giving of such permission shall be considered compliance with the provisions of this Chapter.
24-7-5 DISPOSAL OF INOPERABLE VEHICLES. If such public nuisance is not abated by the owner, occupant or lessee after notice is given in accordance with this Chapter, official action shall be taken by the City to abate such nuisance at the expense of the owner, occupant and/or lessee. Inoperable vehicles or parts thereof may be disposed of by removal to a scrapyard or demolishers for processing as scrap or salvage.
24-7-6 AUTHORITY TO ENFORCE; ENTRY POWERS. The City of Staunton Police Department and/or their employees or agents, may enter upon private property for the purposes specified in this Chapter to examine vehicles or parts thereof, obtain information as to the identity of vehicles and to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this Chapter but shall comply with the fourth amendment of the United States Constitution.
24-7-7 EFFECT OF PROVISIONS ON TRAFFIC OBSTRUCTIONS. Nothing in this Chapter shall affect statutes or ordinances that permit immediate removal of a vehicle left on public property which constitutes an obstruction to traffic.
24-7-8 PENALTY. Any person, firm or corporation violating any of the provisions of this Chapter shall be subject to the penalty provided in Section 1-1-20 of this Code. Each day that a vehicle remains inoperable after notice has been given shall constitute a separate offense.
(See 65 ILCS 5/11-40-3)
(Ord. No. 1301; 09-12-05)
ARTICLE VIII - USE OF ALL-TERRAIN VEHICLES ON
PUBLIC AND PRIVATE PROPERTY
24-8-1 ADOPTION BY REFERENCE. The City hereby incorporates by reference and makes a part hereof the following provisions of the Illinois Compiled Statutes, and as they may be amended from time to time by the Illinois General Assembly. Violation of these provisions may, at the discretion of the City, be enforced as an ordinance violation.
(A) 625 ILCS 5/11-204 Fleeing or Attempting to Elude a Police Officer.
(B) 625 ILCS 5/11-204.1 Aggravated Fleeing or Attempting to Elude a Police Officer.
(C) 625 ILCS 5/11-427 Illegal Operation of an All-Terrain Vehicle or Off-Highway Motorcycle.
(D) 625 ILCS 5/11-1426 Operation of All-Terrain Vehicles and Off-Highway Motorcycles on streets, roads or highways.
(E) 625 ILCS 5/11-1427.4 Disobeying a Signal from Officer to Stop.
(F) 720 ILCS 5/12-4 Aggravated Battery.
(G) 720 ILCS 5/21-3 Criminal Trespass to Real Property.
(H) 720 ILCS 5/36-1 Seizure and Forfeiture of Vessels, Vehicles and Aircraft.
24-8-2 REGULATIONS.
(A) The following paragraphs (B) – (O), shall govern the conduct of persons on or about any property owned by the City, the Madison County Mass Transit District, or any other transportation entity whether publicly or privately owned, including but not limited to all real property owned and operated by such entities including all vehicles, bike, walking or other recreational trails, including all railroad right-of-ways owned by the Transit District. In addition and where applicable, the following sections shall govern such conduct on private property.
(B) Definitions.
(1) “Public Transportation Property” as used in this Article means any real property, which the City, Transit District, or a public transportation entity, owns, leases or possesses.
(2) “Motor Vehicle”. As used in this Section, “motor vehicle” means every vehicle propelled by power other than human power designed to travel on the ground or upon roads by use of wheels, treads, runners or slides, or to transport persons or property, or pull machinery, and includes, but is
not limited to, all automobiles, vans, buses, trucks, trailers, motorcycles, off highway motorcycles, all-terrain vehicles and tractors. This Section does not apply to any motorized wheelchair.
(3) “Transit District or Transit District Property”. As used in this Section, “Transit District Property” means any real property, which the Madison County Mass Transit District owns, leases or possesses, including all bike, walking, and recreational trails, and all railroad rights of ways owned by the Transit District.
(4) “Alcoholic Liquor”. As used in this Section, “alcoholic liquor” includes alcohol, spirits, wine, beer and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed as a beverage by a human being, except for any such liquid or solid containing one-half of one percent or less, of alcohol by volume.
(5) “Laser Pointer”. As used in this Section, the term “laser pointer” means a hand-held device that emits light amplified by the stimulated emission of radiation visible to the human eye.
(6) “Laser Sight”. As used in this Section, the term “laser sight” means a laser pointer that can be attached to a firearm, and can be used to improve the accuracy of the firearm.
(C) Motor Vehicles.
(1) No person shall park a motor vehicle at any time on City or Transit District property except with the authority from the City or Transit District or in designated public parking areas.
(2) No person shall drive, operate or otherwise bring a motor vehicle into any Transit District bike, walking, or other recreational trail, including all Transit District railroad rights of way, without the prior consent of the Transit District.
(D) Alcohol Prohibited. No person shall drink, consume or transport alcoholic liquor in or on any Transit District property.
(E) Trespass.
(1) No person shall commit a trespass in or on any City, Transit District, or any other transportation entity property.
(2) No person shall operate an all-terrain vehicle or off-highway motorcycle on any land without the proper consent of the owner, whether publicly owned or privately owned land.
(3) For the purposes of this Section, acts constituting trespass include, but are not limited to, the following:
(a) An entry upon City, Transit District or any transportation entity property, whether publicly or privately owned, or any private property, or any part thereof in violation of a notice posted or exhibited at the main entrance to such premises or any point of approach or entry; or, in violation of any notice, warning or protest, given orally or in writing by the City, Transit District or transportation facility.
(b) A failure or refusal to depart from City, Transit District or any other transportation entity property, or any part thereof, when requested, either orally or in writing, to leave such property by the owner.
(c) No person shall, without the prior consent of City, the Transit District or any transportation entity, post up, stick or place any handbill, showbill, placard or notice in or on any City, Transit District or transportation entity motor vehicle, building, wall or fence.
(F) Defacing Property. No person shall, without the consent of the City, Transit District, or any other transportation entity, paint, draw, etch or carve, by use of paint, spray paint, ink, knife or any similar method, on any City, Transit District or other transportation entity motor vehicle, building wall, fence, door, floor, sidewalk, pavement, stairway or furniture.
(G) Littering. No person shall have brought in, dump, deposit, throw or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage or refuse, or other trash in or on any City, Transit District, or any other transportation entity motor vehicle or upon any City, Transit District, or any other transportation entity property, except in receptacles provided for that purpose.
(H) Disorderly Conduct. No person shall recklessly cause inconvenience, annoyance or alarm to Transit District or other transportation entity employee or property user, in or on any Transit District or other transportation entity property, by doing any of the following:
(1) Engaging in fighting, in threatening harm to persons or property, or in violent or turbulent behavior;
(2) Making unreasonable noise or offensively coarse utterance, gesture or display, or communicating unwarranted and grossly abusive language to any person;
(3) Insulting, taunting or challenging another under circumstances in which such conduct is likely to provoke a violent response;
(4) Hindering or preventing the movement of persons so as to interfere with the rights of others and by any act which serves no lawful and reasonable purpose of the offender;
(5) Creating a condition which is physically offensive to persons or which presents a risk of physical harm to person or property by any act, which serves no lawful and reasonable purpose of the offender.
(6) Commits an act, including the use of a dangerous weapon, with the intent to cause harm to a Transit District employee while the employee is performing Transit District duties.
(I) Unlawful Weapons. No person shall possess or carry any bludgeon, black-jack, sling-shot, club, sandbag, metal knuckles or any knife, commonly referred to as switchblade knife, which has a blade that open automatically by hand pressure applied to a button, spring or other device in the handle of the knife, or possess or carry with the intent to use the same unlawfully against another, a dagger, dirk, billy, dangerous knife, razor, stiletto, broken bottle or other piece of glass, cutting edge or any other dangerous instrument of like character, or carry concealed upon his person any pistol, revolver or other firearm, into or upon City, Transit District, or any other transportation entity property.
(J) Assault and Battery.
(1) No person shall, without lawful authority, engage in conduct that places an employee of City, the Transit District, or any other transportation entity passenger or employee in reasonable apprehension of receiving a battery. The prohibited conduct in this paragraph includes, but is not limited to, directing a laser pointer or laser sight at or near a City, County of Madison, Transit District, or any other transportation entity passenger or employee.
(2) No person shall, without legal justification, intentionally or knowingly cause bodily harm or make physical contact of an insulting or provoking nature to a City, Transit District, or any other transportation entity passenger or employee. The prohibited conduct in this paragraph includes, but is not limited to, directing a laser pointer or laser sight on the person of a City, Transit District, or any other transportation entity passenger or employee.
(K) Spitting. No person shall expectorate in or on any City, Transit District, or any other transportation entity property.
(L) Horses Prohibited. No person shall ride, lead, walk or otherwise bring any horse, mule, donkey or other animal for riding into Transit District property, including but not limited to, any Transit District bike, walking, or other recreational trail, including all Transit District railroad rights of ways.
(M) Hunting. No person shall take, hunt, shoot, pursue, lure, kill, destroy, capture, gig or spear, trap or ensnare, harass, or attempt to do so, wild birds or wild animals along, upon, across, or from any Transit District bike, walking, or other recreational trail, including all Transit District railroad rights of way.
(N) Impoundment of Vehicle. In addition to any and all remedies provided in this Article and the general provisions of the City ordinances, the Chief of Police is hereby authorized to impound any motor vehicle, which is used in violation of this Article, or the statutes incorporated by reference in this Article. It shall be the sole responsibility of the owner to pay any and all transportation and storage fees of the motor vehicle.
(O) Penalty. Any person who violates any of the provisions of this Article shall be subject to a fine of not more than Seven Hundred Fifty Dollars ($750.00). Each and every act in violation constitutes a separate offense; and, each and every day that a violation continues shall constitute a separate offense. As to violations affecting the Transit District, the City hereby authorizes and grants the Transit District Attorney concurrent jurisdiction to file ordinance violation charges, for injunctive relief, or otherwise take any action necessary to enforce the provisions of this Article.
(Ord. No. 1290; 08-08-05)
CITATION FORM
NO. _________________________________________________________________________
DATE _________________________________ TIME ______________________________
LICENSE NO. __________________________ STATE _____________________________
LICENSE EXPIRES ______________________ MAKE OF VEHICLE ________________
METER NUMBER _______________________ OFFICER___________________________
YOU ARE CHARGED WITH THE VIOLATION MARKED BELOW:
1. Overparked, Any Zone $10.00
2. Double Parked $10.00
3. Parked at Fire Plug $10.00
4. Blocking Driveway or Alley $10.00
5. Parked Where Official Signs Erected $10.00
6. Improper Parking $10.00
7. Yellow Line $10.00
8. Each Additional Hour Violation $10.00
9. Parking on Sidewalk $10.00
NAME _______________________________________________________________________
ADDRESS ___________________________________________________________________
CITY ________________ STATE ___________________ ZIP CODE ______________
You may settle and compromise a claim for illegal parking by paying the sum set forth above for the first particular violation and the same sum shall apply for the same particular offense for the second and each subsequent violation within 5 days after the time set out above. If not paid within this time limit, an Enforcement Warrant will be issued and an assessment of not less than $15.00 will be collected.
FOR YOUR CONVENIENCE
After detaching your Ticket Stub, place the fine in the envelope and deposit of such payment may be made at the City Hall.
© Copyright 2005 by the City of Staunton, Illinois
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