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 Village, the provisions thereof shall be controlling within the corporate limits of the Village. (65 ILCS 5/1-3-2 and 5/11-1-1)
ARTICLE II - GENERAL REGULATIONS
24-2-1 OBEDIENCE TO POLICE. Members of the Richland County Sheriff’s Department assigned to traffic duty are hereby authorized to direct all traffic in accordance with the provisions of this Article or in emergencies as public safety or convenience may require, and it shall be unlawful for any person to fail or refuse to comply with any lawful order, signal or direction of a policeman. Except in cases of emergency, it shall be unlawful for any person not authorized by law to direct or attempt to direct traffic. (625 ILCS 5/11-203)
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 Richland County Sheriff’s 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. (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 or 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 INTERFERENCE WITH SIGNS OR SIGNALS. It shall be unlawful for any person to deface, injure, move or interfere with any official traffic sign or signal.
24-2-6 ADVERTISING SIGNS. It shall be unlawful to maintain anywhere in the Village any sign, signal, marking or device other than a traffic sign or signal authorized by the Village Board or the Illinois Department of Transportation, 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 Chapter 27 and 33) (Also See Chapter 40 - Zoning Code)
24-2-7 ANIMALS OR BICYCLES. Any person riding a bicycle or an animal or driving any animal drawing a vehicle upon any street shall be subject to the provisions of this Code applicable to the driver of a vehicle, except those provisions which can have no application to one riding a bicycle or driving or riding an animal. (625 ILCS 5/11-206)
24-2-8 BICYCLE LAMPS, REFLECTORS, AND EQUIPMENT. When used at nighttime, every bicycle shall be equipped with the following:
(A) A lamp upon the front which emits a white light visible from a distance of at least five hundred (500) feet to the front.
(B) A red reflector on the rear which shall be visible to a distance of six hundred (600) feet to the rear when directly in front of lawful lower beams of headlights on a motor vehicle.
(C) A reflex reflector on each pedal visible from the front and rear of the bicycle from a distance up to two hundred (200) feet when viewed within the lawful lower beams of headlights on a motor vehicle.
(D) Side reflectors upon each side of the bicycle which shall be visible up to a distance of five hundred (500) feet when viewed directly in front of a lawful lower beam of motor vehicle headlights. The requirements of this subparagraph may be met by reflective materials which shall be at least three-sixteenths (3/16) of an inch wide on each side of each tire or rim which may 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.
24-2-9 REGULATION OF SKATEBOARDS, IN-LINE SKATES (ROLLERBLADES OR ROLLERSKIS) AND ROLLERSKATES. All on-street operation of skateboards, in-line skates (rollerblades and rollerskis) and rollerskates shall be conducted as far to the right of the traffic lane as possible, in a single file and flowing with traffic. All operations of these skateboards, in-line skates and rollerskates shall be during daylight hours unless the operator has a white light showing to the front and is wearing some type of reflective clothing or reflective strips on his or her clothing which can be seen from a distance of five hundred (500) feet to the rear and side. Further, all operation shall be consistent with the rules of the road established for bicycles. Skateboards, in-line skates and rollerskates shall be allowed on all Village streets and sidewalks except for sidewalks in the business district of the Village.
ARTICLE III - STOP AND THROUGH STREETS
24-3-1 THROUGH STREETS. The streets and parts of streets of the Village 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. (625 ILCS 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. (625 ILCS 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. (625 ILCS 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 Village and the provisions thereof shall be controlling within the corporate limits of the Village except for the following changes, deletions and 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) Careless Driving. It shall be unlawful to operate a vehicle in the Village in a careless manner so as to interfere with the safe or lawful operation of any other vehicle or so as to interfere with or to injure, damage, or endanger persons or property engaged in the lawful use of the street.
(B) Drag Racing. No person shall participate within the Village in drag racing as such activity is defined by 625 ILCS 5/11-504.
(C) Fleeing or Attempting to Elude Police Officer. Any driver or operator of a motor vehicle who, having been given a visual or audible signal by a police officer directing such driver or operator to bring his vehicle to a stop, willfully fails to or refuses to obey such direction, increases his speed, extinguishes his lights or otherwise flees or attempts to elude the officer is guilty of a violation of this Chapter. The signal given by the police officer may be by hand, voice, siren, red or blue light. Provided, however, the officer giving such signal shall be in police uniform and if driving a vehicle, such vehicle shall be marked showing it to be an official police vehicle.
(D) Unlawful Possession of Highway Sign or Marker. Traffic control signals, signs or markers owned by the Village shall be possessed only by the Village’s employees, police officers, contractors, or their employees engaged in highway construction, contract or work upon the roadways or public ways approved by the Village. No person shall possess a traffic control signal, sign or marker owned by the Village except as provided in this paragraph without the prior written authority of the Village. It shall be a violation of this Chapter for a person to possess such a traffic control signal, sign or marker without lawful authority. (625 ILCS 5/11-313)
(E) Special Speed Limitations on Elevated Structures. No person shall drive a vehicle over any bridge or other elevated structure constituting a part of a highway at a speed which is greater than the maximum speed which can be maintained with safety to such bridge or structure when such structure is sign-posted.
Upon the trial of any person charged with the violation of this Section, proof of the determination of the maximum speed by the Village and the existence of such signs is conclusive evidence of the maximum speed which can be maintained with safety to such bridge or structure. (625 ILCS 5/11-608)
(F) General Speed Restrictions. The speed limits on the various streets shall be approved by the Village Board, but shall not exceed twenty miles per hour (20 MPH) in a school zone and not to exceed twenty-five miles per hour (25 MPH) on a residential street; otherwise, thirty miles per hour (30 MPH) on an arterial street unless otherwise posted. (See Schedule “D”) (625 ILCS 5/11-604) (65 ILCS 5/11-40-1)
(G) 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 Village or State wherein the school zone is located. (625 ILCS 5/11-605)
(H) Failure to Reduce Speed. A vehicle shall be driven upon the streets and alleys of this Village at a speed which is reasonable and proper with regard to traffic conditions and the use of the street or alley. The fact that the vehicle does not exceed the applicable maximum speed limit does not relieve the driver of the duty to decrease speed when approaching and crossing an intersection or when special hazard exists with respect to pedestrian 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.
(I) Traffic Lane Usage. Whenever any roadway within the Village has been divided into two (2) or more clearly marked lanes for traffic, 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.
(J) 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 Village.
24-4-3 DUTY TO REPORT ACCIDENT. The driver of a vehicle which is in any manner involved in an accident within the Village shall, without unnecessary delay, notify the Richland County Sheriff’s Department and shall make a report of such action. Failure to report an accident within the Village within twenty-four (24) hours shall result in arrests of the person or persons involved. (625 ILCS 5/11-415)
24-4-4 TRANSPORTING LIQUOR IN VEHICLES. No person shall transport, carry, possess or have any alcoholic liquor within the passenger area of any motor vehicle in this Village except in the original container and with the seal unbroken. (625 ILCS 5/11-502)
24-4-5 EXCESSIVE NOISE - STOPPED VEHICLE. No operator of a motor vehicle shall, when the motor vehicle is stopped, unreasonably accelerate the engine thereof with the gears of the vehicle in neutral, thereby causing an unreasonably loud or excessive noise.
24-4-6 EXCESSIVE NOISE - WHEELS. No operator of a motor vehicle shall when the motor vehicle is stopped, accelerate the engine with the gears of such vehicle in neutral and while so accelerating the engine, shift the gears of the vehicle into a forward or reverse movement, thereby causing an unreasonably loud noise with the drive wheels of the vehicle.
24-4-7 EXCESSIVE NOISE - SQUEALING TIRES. No operator of a motor vehicle shall cause the wheels of such vehicle to spin violently, thereby causing an unreasonably loud or excessive noise. (625 ILCS 5/11-505)
24-4-8 RECKLESS, NEGLIGENT OR CARELESS DRIVING. It shall be unlawful to operate any vehicle in the Village in a careless, reckless, negligent or wanton manner, or carelessly so as to endanger life or property.
24-4-9 EXCESSIVE NOISE WHILE DRIVING. No operator of a motor vehicle shall, when operating the vehicle, accelerate the vehicle or rapidly stop the vehicle causing an unreasonably loud noise.
ARTICLE V - EQUIPMENT OF VEHICLES
24-5-1 ILLINOIS VEHICLE CODE; EQUIPMENT OF VEHICLES ADOPTED. The Illinois Vehicle Code, Illinois Compiled Statutes, Chapter 625, Section 12, entitled "Equipment of Vehicles", as passed, approved, and amended by the Illinois General Assembly is hereby adopted by the Village and the provisions thereof shall be controlling within the corporate limits of the Village. (625 ILCS 5/12-605, 5/12-605.1; and 5/12-605.2)
24-5-2 MUFFLER. No motor vehicle shall be operated on any street unless such vehicle is provided with a muffler in efficient actual working condition; and the use of a cut-out is prohibited. No muffler shall cause an unreasonably loud or excessive noise. (625 ILCS 5/12-602)
24-5-3 SOUND AMPLIFICATION SYSTEM. No driver of any motor vehicle within this State shall operate or permit operation of any sound amplification system which can be heard outside the vehicle from seventy-five (75) feet or more when the vehicle is being operated upon a highway, unless such system is being operated to request assistance or warn of a hazardous situation. (65 ILCS 5/12-611)
24-5-4 EXCESSIVE ENGINE BRAKING NOISE PROHIBITED. It shall be unlawful for an operator of a commercial vehicle as defined in 625 ILCS 5/1-111.8 to operate or actuate any engine braking system within the Village that emits excessive noise unless it is an emergency. The Superintendent is authorized and directed to post signs stating: “EXCESSIVE ENGINE BRAKING NOISE PROHIBITED” at appropriate locations. (625 ILCS 5/12-602.1)
ARTICLE VI - PARKING RULES
24-6-1 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.
24-6-2 PARKING FOR SALE OR REPAIR. 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.
24-6-3 PRIVATE PROPERTY. It shall be unlawful to park any motor vehicle on any private property without the consent of the owner of the property.
24-6-4 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 twenty (20) feet of a crosswalk at an intersection.
(d) Within thirty (30) 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 (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 seventy-five (75) feet of such entrance (when properly sign-posted).
(f) At any place where official signs prohibit standing or parking. (Ord. No. 93-524; 03-08-93)
(3) Parking 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 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 Prohibitions. No person shall park any vehicle, vehicles or trailer the length of which exceeds twenty (20) feet or any Second Division vehicle licensed for an “F” classification or higher:
(1) Upon any street, alley or any public way within the Village except for the purpose and time period reasonably necessary to load and unload the same.
(2) Upon public or private property within the Village with the motor running for a continuous period in excess of thirty (30) minutes. (625 ILCS 5/3-815)
24-6-5 PARKING FOR THE HANDICAPPED.
(A) Designated Parking. Certain parking spaces within the confines of the Village 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 Village.
(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. (625 ILCS 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 Village 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 plates of the vehicle will be presumed to be in control of the vehicle and will be fined Two Hundred Dollars ($200.00). 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. (625 ILCS 5/11-1301.3(C))
(E) Handicapped Parking Areas. Those places designated as "Handicapped Parking Spaces" are listed in Schedule "H".
24-6-6 LOAD LIMITS.
(A) Established. It shall be unlawful to operate any vehicle on the public streets and alleys of the Village when the gross weight of said vehicle exceeds ten thousand (10,000) pounds, from January 15th to April 15th in each and every year when the weight limitations for such streets and alleys are indicated by posted signs in the Village, which signs are erected and maintained as provided in Chapter 625, Section 5/15-316(b) of the Illinois Compiled Statutes as may be hereafter amended, provided, however, that the Mayor or his designated agent, may by prior consent authorize the use and operation of vehicles in excess of ten thousand (10,000) pounds on the public streets and alleys in the Village. (Ord. No. 84-469; 02-13-84)
(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 Village 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.
24-6-7 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 Village 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 Village in removing and storing such vehicle(s).
24-6-8 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 Village Ten Dollars ($10.00) for each such offense and Fifteen Dollars ($15.00) for the second offense within six (6) months. Such payment may be made at the Village 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. The
members of the Police Department are hereby authorized to refrain from instituting a prosecution for the alleged offense involved for at least five (5) days.
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.
(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) Village Parking Lots. No person shall park a motor vehicle on a Village parking lot unattended for more than five (5) consecutive days.
(C) Parking Violation Ticket. The parking violation ticket shall be as follows:
24-6-9 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.
24-6-10 SNOW ROUTES. It shall be unlawful to park a vehicle on the following designated streets at any time within eighteen (18) hours after a snowfall of three (3) inches or more, unless the street has been cleared of snow.
24-6-11 PARKING TICKETS - STATE STATUTE. The Village Board 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 VII – ABANDONED, LOST, STOLEN OR
24-7-1 ABANDONMENT OF VEHICLES PROHIBITED.
(A) The abandonment of a vehicle or any part thereof on any highway in this Village is unlawful and subject to penalties as set forth under Section 1-1-20 of this Code.
(B) 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 Village is unlawful except on property of the owner or bailee of such abandoned vehicle. A vehicle or any part thereof so abandoned on private property shall be authorized for removal, by the Village, 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 Section 5/11-40-3.1 of the Illinois Municipal Code. A violation of subsections (A) or (B) of this Section is subject to penalties as set forth under Section 1-1-20 of this Code.
(C) A towing service may begin to process an unclaimed vehicle as abandoned by requesting a record search by the Secretary of State up to ten (10) days after the date of the tow, or any later date acceptable to the Secretary of State. This paragraph shall not apply to vehicles towed by order or authorization of the Village or a law enforcement agency. (625 ILCS 5/4-201)
24-7-2 ABANDONED, LOST, STOLEN OR UNCLAIMED VEHICLE NOTIFICATION TO LAW ENFORCEMENT AGENCIES. When an abandoned, lost, stolen or unclaimed vehicle comes into the temporary possession or custody of a person in this Village, not the owner of the vehicle, such person shall immediately notify the municipal police when the vehicle is within the corporate limits of any Village having a duly authorized police department, or the State Police or the county sheriff when the vehicle is outside the corporate limits of the Village. Upon receipt of such notification, the municipal police will authorize a towing service to remove and take possession of the abandoned, lost, stolen or unclaimed vehicle. The towing service will safely keep the towed vehicle and its contents, maintain a record of the tow as set forth in 625 ILCS 5/4-204 for law enforcement agencies, until the vehicle is claimed by the owner or any other person legally entitled to possession thereof or until it is disposed of as provided in this Code. (625 ILCS 5/4-202)
24-7-3 REMOVAL OF MOTOR VEHICLES OR OTHER VEHICLES; TOWING OR HAULING AWAY.
(A) When a vehicle is abandoned on a highway in an urban district ten (10) hours or more, its removal by a towing service may be authorized by a law enforcement agency having jurisdiction.
(B) When a vehicle is abandoned or left unattended on a highway other than a toll highway, interstate highway, or expressway, outside of an urban district for twenty-four (24) hours or more, its removal by a towing service may be authorized by a law enforcement agency having jurisdiction.
(C) 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 a law enforcement agency having jurisdiction.
24-7-4 POLICE TOWS; REPORTS, RELEASE OF VEHICLES, PAYMENT. When a vehicle is authorized to be towed away as provided in Section 24-7-2 or 24-7-3:
(A) The authorization, any hold order, and any release shall be in writing, or confirmed in writing, with a copy given to the towing service.
(B) The police headquarters or office of the law officer authorizing the towing shall keep and maintain a record of the vehicle towed, listing the color, year of manufacture, manufacturer’s trade name, manufacturer’s series name, body style, Vehicle Identification Number, license plate year and number and registration sticker 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.
(C) The owner, operator, or other legally entitled person shall be responsible to the towing service for payment of applicable removal, towing, storage, and processing charges and collection costs associated with a vehicle towed or held under order or authorization of the law enforcement agency. If a vehicle towed or held under order or authorization of a law enforcement agency is seized by the ordering or authorizing agency or any other law enforcement or governmental agency and sold, any unpaid removal, towing, storage, and processing charges and collection costs shall be paid to the towing service from the proceeds of the sale. If applicable law provides that the proceeds are to be paid into the treasury of the appropriate civil jurisdiction, then any unpaid removal, towing, storage, and processing charges and collection costs shall be paid to the towing service from the treasury of the civil jurisdiction. That payment shall not, however, exceed the amount of proceeds from the sale, with the balance to be paid by the owner, operator, or other legally entitled person.
(D) Upon delivery of a written release order to the towing service, a vehicle subject to a hold order shall be released to the owner, operator, or other legally entitled person upon proof of ownership or other entitlement and upon payment of applicable removal, towing, storage, and processing charges and collection costs. (625 ILCS 5/4-204)
24-7-5 RECORD SEARCHES FOR UNKNOWN OWNER.
(A) When a law enforcement agency authorizing the impounding of a vehicle does not know the identity of the registered owner, lienholder or other legally entitled person, that law enforcement agency will cause the vehicle registration records of the State of Illinois to be searched by the Secretary of State for the purpose of obtaining the required ownership information.
(B) The law enforcement agency authorizing the impounding of a vehicle will cause the stolen motor vehicle files of the State Police to be searched by a directed communication to the State Police for stolen or wanted information on the vehicle. When the State Police files are searched with negative results, the information contained in the National Crime Information Center (NCIC) files will be searched by the State Police. The information determined from these record searches will be returned to the requesting law enforcement agency for that agency’s use in sending a notification by certified mail to the registered owner, lienholder and other legally entitled persons advising where the vehicle is held, requesting a disposition be made and setting forth public sale information. Notification shall be sent no later than ten (10) business days after the date the law enforcement agency impounds or authorizes the impounding of a vehicle, provided that if the law enforcement agency is unable to determine the identity of the registered owner, lienholder or other person legally entitled to ownership of the impounded vehicle within a ten (10) business day period after impoundment, then notification shall be sent no later than two (2) days after the date the identity of the registered owner, lienholder or other person legally entitled to ownership of the
impounded vehicle is determined. Exceptions to a notification by certified mail to the registered owner, lienholder and other legally entitled persons are set forth in 625 ILCS 5/4-209.
(C) When ownership information is needed for a towing service to give notification as required under this Code, the towing service may cause the vehicle registration records of the State of Illinois to be searched by the Secretary of State.
The written request of a towing service, in the form and containing the information prescribed by the Secretary of State by rule, may be transmitted to the Secretary of State in person, by U.S. Mail or other delivery service, by facsimile transmission, or by other means the Secretary of State deems acceptable.
The Secretary of State shall provide the required information, or a statement that the information was not found in the vehicle registration records of the State, by U.S. Mail or other delivery service, facsimile transmission, as requested by the towing service, or by other means acceptable to the Secretary of State.
(D) The Secretary of State may prescribe standards and procedures for submission of requests for record searches and replies via computer link.
(E) Fees for services provided under this Section shall be in amounts prescribed by the Secretary of State under Section 3-821.1 of the Illinois Municipal Code. Payment may be made by the towing service using cash, any commonly accepted credit card, or any other means of payment deemed acceptable by the Secretary of State. (625 ILCS 5/4-205)
24-7-6 IDENTIFYING AND TRACING OF VEHICLE. When the registered owner, lienholder or other person legally entitled to the possession of a vehicle cannot be identified from the registration files of this State or from the registration files of a foreign state, if applicable, the law enforcement agency having custody of the vehicle shall notify the State Police, for the purpose of identifying the vehicle owner or other person legally entitled to the possession of the vehicle. The information obtained by the State Police will be immediately forwarded to the law enforcement agency having custody of the vehicle for notification purposes as set forth in Section 24-7-5 of this Code. (625 ILCS 5/4-206)
24-7-7 RECLAIMED VEHICLES; EXPENSES.
(A) Any time before a vehicle is sold at public sale or disposed of as provided in Section 24-7-8, the owner, lienholder or other person legally entitled to its possession may reclaim the vehicle by presenting to the law enforcement agency having custody of the vehicle proof of ownership or proof of the right to possession of the vehicle.
(B) No vehicle shall be released to the owner, lienholder, or other person under this Section until all towing, storage, and processing charges have been paid. (625 ILCS 5/4-207)
24-7-8 DISPOSAL OF UNCLAIMED VEHICLE.
(A) When an abandoned, lost, stolen or unclaimed vehicle seven (7) years of age or newer remains unclaimed by the registered owner, lienholder or other legally entitled person for a period of thirty (30) days after notice has been given as provided in Sections 24-7-5 and 24-7-6 of this Article, the law enforcement agency or towing service having possession of the vehicle shall cause it to be sold at public auction to a person licensed as an automotive parts recycler, rebuilder or scrap processor under Article 5 of Chapter 625 of the
Illinois Compiled Statutes or the towing operator which towed the vehicle. 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 law enforcement agency where the vehicle is impounded, or the towing service where the vehicle is impounded, shall cause a notice of the time and place of the sale to be sent by certified mail to the registered owner, lienholder, or other legally entitled persons. Notice as provided in Sections 24-7-5 and 24-7-6 of this Article as provided in this Section shall state the time and place of sale and shall contain a complete description of the vehicle to be sold and what steps must be taken by any legally entitled persons to reclaim the vehicle.
(B) If an abandoned, lost, stolen, or unclaimed vehicle displays dealer plates, notice under this Section and Section 24-7-9 of this Code shall be sent to both the dealer and the registered owner, lienholder, or other legally entitled persons.
(C) In those instances where the certified notification specified in Section 24-97-5 and 24-7-6 of this Article has been returned by the postal authorities to the law enforcement agency or towing service, the sending of a second certified notice will not be required. (625 ILCS 5/4-208)
24-7-9 DISPOSAL OF UNCLAIMED VEHICLES WITHOUT NOTICE.
(A) New Car. When the identity of the registered owner, lienholder, or other person legally entitled persons 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 Article, the vehicle may be sold as provided for in Section 24-7-8 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 Article, or when any such vehicle is towed at the request or with the consent of the owner or operator and is subsequently abandoned, it will be kept in custody or storage for a minimum of ten (10) days for the purpose of determining the identity of the registered owner, lienholder, or other legally entitled persons and contacting the registered owner, lienholder, or other legally entitled persons by the U.S. Mail, public service or in person for a determination of disposition; and an examination of the State Police stolen 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 persons, the vehicle may be disposed of in either of the following ways:
(1) The law enforcement agency having jurisdiction will authorize the disposal of the vehicle as junk or salvage.
(2) The towing service may sell the vehicle in the manner provided in Section 24-7-8 of this Article, provided that the paragraph shall not apply to vehicles towed by order or authorization of a law enforcement agency.
(C) Antique Vehicle. A vehicle classified as an antique vehicle, custom vehicle, or street rod may, however, be sold to a person desiring to restore it. (625 ILCS Sec. 5/4-209)
24-7-10 DISPOSAL OF HAZARDOUS DILAPIDATED MOTOR VEHICLES. Any hazardous dilapidated motor vehicle impounded pursuant to the provisions of this Article and 65 ILCS 5/11-40-3.1, whether impounded at a public facility or on the property of private towing service, shall be kept in custody for a period of ten (10) days for the purpose of determining the identity of the registered owner or lienholder and contacting such owner or lienholder, if known, by regular U.S. Mail. At the expiration of the ten (10) day period, without benefit of disposition information being received from the registered owner or lienholder, the law enforcement agency having jurisdiction will authorize the disposal of the vehicle as junk. (65 ILCS 5/4-209.1)
24-7-11 COLLECTION OF UNPAID CHARGES. In an action to collect towing, storage, and processing charges that remain unpaid after disposition of a vehicle towed or relocated under this Code, the towing service may recover reasonable collection costs.
24-7-12 POLICE RECORD FOR DISPOSED VEHICLE. When a vehicle in the custody of the Village or law enforcement agency 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 Article, a report of the transaction will be maintained by that law enforcement agency for a period of one (1) year from the date of the sale or disposal. (625 ILCS 5/4-210)
24-7-13 PUBLIC SALE PROCEEDS; DISPOSITION OF.
(A) When a vehicle located within the corporate limits is authorized to be towed away by a law enforcement agency having jurisdiction and disposed of as set forth in this Article, the proceeds of the public sale or disposition after the deduction of towing, storage and processing charges shall be deposited in the treasury of the Municipality.
(B) The provisions of this Section shall not apply to vehicles disposed of or sold at public sale under subsection (k) of 625 ILCS 5/4-107 of the Illinois Vehicle Code. (625 ILCS 5/4-211)
24-7-14 LIABILITY OF LAW ENFORCEMENT OFFICERS.
(A) A law enforcement officer or agency, a department of municipal government designated under 625 ILCS 5/4-212.1 or its officers or employees, or a 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 Article.
(B) A towing service, and any of its officers or employees, that removes or tows a vehicle as a result of being directed to do so by a law enforcement officer or agency or a department of municipal government or its officers or employees shall not be held to answer or be liable for injury to, loss of, or damages to any real or personal property that occurs in the course of the removal or towing of a vehicle or its contents on a limited access highway in a designated Incident Management Program that uses fast lane clearance techniques as defined by the Department of Transportation. (625 ILCS 5/4-213)
24-7-15 VIOLATIONS OF ARTICLE.
(A) Any person who violates Section 24-7-1 of this Article or who aids and abets in that violation:
(1) shall be subject to a mandatory fine of Two Hundred Dollars ($200.00); and
(2) shall be required by the court to make a disposition on the abandoned or unclaimed vehicle and pay all towing, storage, and processing charges and collection costs pursuant to Section 24-7-3(A) and (E).
(B) When a vehicle is abandoned, it shall be presumed that the last registered owner is responsible for the abandonment and shall be liable for all towing, storage, and processing charges and collection costs, less any amounts realized in the disposal of the vehicle. The last registered owner’s liability for storage fees may not exceed a maximum of thirty (30) days’ storage fees.
The presumption established under this paragraph may be rebutted by a showing that, prior to the time of the tow:
(1) a report of vehicle theft was filed with respect to the vehicle; or
(2) the vehicle was sold or transferred and the last registered owner provides the towing service with the correct identity and address of the new owner at the time of the sale or transfer.
If the presumption established under this Section is rebutted, the person responsible for theft of the vehicle or to whom the vehicle was sold or transferred is liable for all towing, storage, and processing charges and collection costs. (625 ILCS 5/4-214)
(In Part Ord. No. 2000-580; 04-10-00)
LICENSE NO. STATE
LICENSE EXPIRES MAKE OF VEHICLE
METER NUMBER OFFICER
YOU ARE CHARGED WITH THE VIOLATION MARKED BELOW:
1. Overparked, Two Hour 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 [ ]
VILLAGE 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 at Village Hall.