Chapter 82
TRAFFIC AND VEHICLES*
------------
Cross references: Alcoholic beverages, ch. 10; animals, ch. 14; moving buildings, § 18-141 et seq.; civil emergencies, ch. 30; streets, sidewalks and other public places, ch. 70.
State law references: Municipal regulation of the use of streets, 65 ILCS 5/11-80-1 et seq.; vehicles, 625 ILCS 5/1-100 et seq.; penalties, 625 ILCS 5/6-601, 625 ILCS 5/16-104 et seq.; rules of the road, 625 ILCS 5/11-100 et seq.; powers of local authorities, 625 ILCS 5/11-207 et seq.
------------
Article I. In General
Sec. 82-1. Illinois Vehicle Code adopted.
Sec. 82-2. Solicitation of charitable contributions on highway.
Secs. 82-3– 82-25. Reserved.
Article II. Operation of Vehicles
Division 1. Generally
Sec. 82-26. Truck routes designated; restrictions; penalty for violation.
Sec. 82-27. Authority of superintendent to limit weight loads.
Sec. 82-28. Dimensional restrictions.
Sec. 82-29. General speed restrictions.
Sec. 82-30. Excessive noise prohibited.
Sec. 82-31. U-turns prohibited.
Sec. 82-32. Four-lane streets designated.
Secs. 82-33– 82-45. Reserved.
Division 2. One-Way Streets
Sec. 82-46. Easterly direction.
Sec. 82-47. Westerly direction.
Secs. 82-48– 82-70. Reserved.
Article III. Parking, Standing and Stopping
Division 1. Generally
Sec. 82-71. Vehicle to be parallel and close to curbline.
Sec. 82-72. Reserved.
Sec. 82-73. Double parking prohibited.
Sec. 82-74. Loading and unloading.
Sec. 82-75. Stopping at left curb prohibited.
Sec. 82-76. Maximum time limit.
Sec. 82-77. Parking near public walks or driveways.
Secs. 82-78– 82-90. Reserved.
Division 2. Parking Zones
Sec. 82-91. Definitions.
Sec. 82-92. Authority of mayor to establish and mark zones; violation.
Sec. 82-93. Parking overtime.
Sec. 82-94. Citations for violations.
Sec. 82-95. Hours of regulation.
Sec. 82-96. Use of funds.
Sec. 82-97. Violation; penalty.
Sec. 82-98. Other regulations in force.
Secs. 82-99– 82-110. Reserved.
Division 3. Restricted Areas
Sec. 82-111. Sidewalks.
Sec. 82-112. Handicapped parking zones.
Sec. 82-113. No parking zones designated.
Sec. 82-114. "Live parking" zones designated.
Sec. 82-115. Resident only parking zones designated.
Sec. 82-116. Fifteen-minute parking zones designated.
Sec. 82-117. Customer drop off parking zones designated.
Sec. 82-118. No stopping or standing zones designated.
Secs. 82-119– 82-125. Reserved.
Division 4. Stop Streets
Sec. 82-126. One-way intersections designated.
Sec. 82-127. Two-way intersections designated.
Sec. 82-128. Three-way intersections designated.
Sec. 82-129. Four-way intersections designated.
Sec. 82-130. One-way yield intersections designated.
Sec. 82-131. Two-way yield intersections designated.
Secs. 82-132– 82-155. Reserved.
Article IV. Bicycles
Division 1. Generally
Sec. 82-156. Definitions.
Sec. 82-157. Method of riding; parking; required equipment.
Sec. 82-158. Violation; penalty.
Secs. 82-159– 82-170. Reserved.
Division 2. Registration
Sec. 82-171. Required.
Sec. 82-172. Issuance.
Sec. 82-173. Tags.
Sec. 82-174. Fee.
Sec. 82-175. Territory designated for riding.
Sec. 82-176. Transfer.
Sec. 82-177. Expiration and renewal.
Sec. 82-178. Revocation or suspension.
Secs. 82-179– 82-200. Reserved.
Article V. Inoperable Vehicles
Sec. 82-201. Definitions.
Sec. 82-202. Declaration of nuisance.
Sec. 82-203. Notice to owner; failure to dispose.
Sec. 82-204. Violations; penalties.
Secs. 82-205– 82-225. Reserved.
Article VI. Abandoned Vehicles
Sec. 82-226. Definitions.
Sec. 82-227. Abandonment of vehicles prohibited.
Sec. 82-228. Abandoned, lost, stolen or unclaimed vehicle; notification to police department.
Sec. 82-229. Removal of abandoned or unattended vehicles.
Sec. 82-230. Reports on towed vehicles.
Sec. 82-231. Record searches.
Sec. 82-232. State police information.
Sec. 82-233. Reclaimed vehicles; expenses.
Sec. 82-234. Disposal of unclaimed vehicles.
Sec. 82-235. Disposal of unclaimed vehicles without notice.
Sec. 82-236. Police record for reclaimed or disposed vehicles.
Sec. 82-237. Public sale proceeds.
Sec. 82-238. Liability of city.
Sec. 82-239. Failure to pay fine, charges and costs on an abandoned vehicle.
Sec. 82-240– 82-299. Reserved.
Article VII. Identity Theft Prevention Program
Sec. 82-300. Purpose.
Sec. 82-301. Scope.
Sec. 82-302. Definitions.
Sec. 82-303. Administration of the program.
Sec. 82-304. Identity theft prevention elements.
Sec. 82-305. Program management and accountability.
Sec. 82-306. Other legal requirements.
ARTICLE I. Sec. 82-1. Illinois Vehicle Code adopted.
The Illinois Vehicle Code (625 ILCS 5/1-100 et seq.) is hereby adopted and incorporated by reference as it applies to the city.
(Code 1976, § 11-1)
Sec. 82-2. Solicitation of charitable contributions on highway.
(a) No person shall stand on a highway (as defined in the Illinois Vehicle Code) for the purpose of soliciting contributions from the occupant of any vehicle except as allowed by this section.
(b) The soliciting agency shall register with the city police department at least 24 hours prior to soliciting contributions.
(c) All such solicitations shall be allowed only between the hours of 8:00 a.m. and 2:00 p.m. on Saturday at the intersection of Sixth Street and Archer Avenue and the intersection of Illinois Route 1 and U.S. Route 40. No solicitation shall interfere with the operation of a traffic control device.
(d) Any person engaged in the act of solicitation shall be 16 years of age or more and shall be wearing a high visibility vest. The name of the soliciting agency shall be either on the vest or on a sign visible from the solicited vehicle.
(e) The soliciting agency shall be:
(1) Registered with the Illinois Attorney General as a charitable organization as provided by "An Act to regulate solicitation and collection of funds for charitable purposes, providing for violations thereof, and making an appropriation therefor" approved July 26, 1963, as amended (225 ILCS 460/1 et seq.);
(2) Engaged in statewide fund raising activity; and
(3) Liable for any injuries to any person or property during the solicitation which is causally related to an act of ordinary negligence of the soliciting agent.
(Code 1976, § 11-3; Ord. No. 99-13, § 1, 7-12-99)
Secs. 82-3– 82-25. Reserved.
ARTICLE II. DIVISION 1. Sec. 82-26. Truck routes designated; restrictions; penalty for violation.
(a) No person shall operate or cause to be operated any truck or commercial vehicle, excluding business, of a gross weight of over 12,000 pounds, on any street or highway within the city not designated as a truck route, except for the purpose of delivering or picking up commodities within the city limits at a point in an otherwise prohibited area.
(b) The following streets and highways within the city are designated as truck routes:
South Second Street from Archer Avenue to Vine Street.
North Second Street from U.S. Highway 40 to North Sixth Street.
North Sixth Street from Mulberry Street north to the corporate limits.
14th Street from Archer Avenue to Maple Street.
Archer Avenue.
Illinois State Highway 1.
Interstate Circle Drive.
Maple Street from Illinois State Highway 1 to 14th Street.
Mohawk Street.
Mulberry Street from Illinois State Highway 1 to North Sixth Street.
Sycamore Street.
Trefz Drive.
U.S. Highway 40.
Vine Street from Illinois State Highway 1 to Second Street.
(c) Any person convicted of a violation of this section shall be fined $100.00 for each such violation.
(Code 1976, § 11-93)
Sec. 82-27. Authority of superintendent to limit weight loads.
(a) The superintendent is hereby authorized and directed to fix the weight limit of vehicles traveling upon any street within the city which, because of climatic condition, is subject to damage or destruction unless weight restrictions are imposed.
(b) The superintendent shall post the weight restrictions upon such streets as he may deem necessary.
(Code 1976, § 11-2; Ord. No. 05-9, § 18, 5-9-05)
Sec. 82-28. Dimensional restrictions.
(a) The maximum width of any vehicle and its load shall not exceed eight feet, excepting loose hay, straw, corn fodder, or other similar products, agricultural implements and threshing machines.
(b) The length of any single vehicle or combination of tractor and semitrailer shall not exceed 35 feet. Where trailers are used, the length of any vehicle, or vehicles, combined with their trailers, shall not exceed 40 feet. Nor shall the length of any unit of the combination exceed 35 feet. But such limits in length shall not apply to fire apparatus nor to the transportation of poles, piling, beams or other like structural units incapable of dismemberment and one unit of electrical machinery. Provided, further, that no poles, piling, beams or like structural units incapable of dismemberment shall be transported over the streets of this city between sunset and sunrise, except where needed for emergency repair of telephone, telegraph, electric railway, and electric power and light lines. Upon application, the chief of police, mayor or other suitable official may grant special permits in writing for the operation of vehicles or combination of vehicles and trailers or semitrailers exceeding the foregoing dimensions. Such permits may be granted in the discretion of the chief of police, mayor or other suitable official when in his opinion an emergency exists, and shall be granted only for limited periods and for trips over designated streets, at specified times, and subject to such other conditions as the chief of police, mayor or other suitable official may prescribe, but in no case shall such permit exceed a period of ten days.
(Code 1976, § 11-94)
Sec. 82-29. General speed restrictions.
No vehicle may be driven upon any street of this city at a speed which is greater than is reasonable and proper with regard to traffic conditions and the use of the street, or endangers the safety of any person or property. If the rate of speed of any vehicle operated upon the streets or public ways of the city, where such streets and public ways pass through the business district of the city, exceeds 20 miles per hour, or if the rate of speed of any such vehicle operated upon any of the streets or public ways of the city, where such streets and public ways pass through the residence district of the city, exceeds 25 miles per hour, such rate of speed shall be prima facie evidence that the person operating such vehicle is operating at a rate of speed greater than is reasonable and proper with regard to traffic conditions and the use of the street or so as to endanger the safety of any person or property.
(Code 1976, § 11-95)
Sec. 82-30. Excessive noise prohibited.
No person shall operate any motor vehicle over or upon any of the streets, alleys or public ways of the city with the cutout of his vehicle left open or cause such vehicle to backfire or make any excessive or unusual noise.
(Code 1976, § 11-96)
Cross references: Noise generally, § 38-26 et seq.
Sec. 82-31. U-turns prohibited.
The driver of any motor vehicle shall not turn such vehicle so as to proceed in the opposite direction in the following areas:
On Archer Avenue between Fourth Street and Michigan Avenue.
(Code 1976, § 11-97)
Sec. 82-32. Four-lane streets designated.
All streets and highways within the city are designated as two-lane streets, except that the following are hereby designated as four-lane streets:
Archer Avenue from Illinois State Highway 1 to Fourth Street.
(Code 1976, § 11-98)
Secs. 82-33– 82-45. Reserved.
DIVISION 2. Sec. 82-46. Easterly direction.
All vehicles traveling on the following streets and alleys within the boundaries indicated shall travel in an easterly direction:
On the alley between Archer Avenue and Plum Street from Eighth Street to Fifth Street.
On Lynn Street between Fifth Street and Sixth Street.
(Code 1976, § 11-102; Ord. No. 93-31, § 1, 8-23-93)
Sec. 82-47. Westerly direction.
All vehicles traveling on the alley between Archer Avenue and Plum Street from Fourth Street to Fifth Street shall travel in a westerly direction.
(Code 1976, § 11-103)
Secs. 82-48– 82-70. Reserved.
ARTICLE III. ------------
Cross references: Off-street parking, app. A, art. XIV, § 2.
------------
DIVISION 1. Sec. 82-71. Vehicle to be parallel and close to curbline.
All automobiles or vehicles of any kind shall conform to the following rules for parking such automobiles or vehicles within the corporate limits of the city: Vehicles shall be parked parallel to the curbline and as close to the curbline as possible on all streets in the city.
(Code 1976, § 11-34)
Sec. 82-72. Reserved.
Editor's note: Ordinance No. 94-23, § 1, adopted July 25, 1994, repealed § 82-72. Formerly, such section pertained to parking in certain areas and derived from § 11-35 from the 1976 Code.
Sec. 82-73. Double parking prohibited.
Vehicles within the corporate limits of the city shall not be parked double along any of the streets.
(Code 1976, § 11-37)
Sec. 82-74. Loading and unloading.
A vehicle shall be backed up to a curb only long enough to be loaded or unloaded, and no vehicle shall stop or be left standing at right angles to the street.
(Code 1976, § 11-38)
Sec. 82-75. Stopping at left curb prohibited.
No vehicle shall be stopped with its left side to the curb.
(Code 1976, § 11-39)
Sec. 82-76. Maximum time limit.
No vehicle shall be left parked on any street, alley or public way of the city for a period of longer than 12 hours at any one time.
(Code 1976, § 11-40)
Sec. 82-77. Parking near public walks or driveways.
No automobile or other vehicle shall be parked so as to obstruct the public walks or any driveway in the city.
(Code 1976, § 11-42; Ord. No. 96-3, § 1, 2-12-96)
Secs. 82-78– 82-90. Reserved.
DIVISION 2. Sec. 82-91. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Operator means and includes every person who shall operate, drive or be in control of any vehicle upon any street.
Owner means the person who holds the legal title of a vehicle, or if a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or if a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purposes of this division.
Park means the standing of any vehicle, whether occupied or not, upon any street for a period of time greater than is reasonably necessary for the loading or unloading of persons or materials.
Street means and includes any public street, avenue, road, highway or other public place located in the city, and established for the use of vehicles.
Vehicle means and includes any device in, upon or by which any person or property is or may be transported upon a highway. A bicycle or motorbicycle shall be included in the term "vehicle."
(Code 1976, § 11-53)
Cross references: Definitions generally, § 1-2.
Sec. 82-92. Authority of mayor to establish and mark zones; violation.
(a) The mayor is hereby authorized and directed to establish zones to be known as two-hour parking zones upon such streets of the city as he shall select, with the approval of the council, for the location of such zones, and to cause parking spaces to be designated as provided in this section. The mayor, from time to time, with the approval of the council, may add to, change or abandon such two-hour parking zones. In selecting, changing or abandoning such two-hour parking zones, the mayor shall be guided and governed by location, amount of traffic and demand for parking space, the congestion of traffic, the use of the street, and all other traffic conditions which may be existent.
(b) The mayor is hereby instructed to have lines or markings painted or placed upon the curb or street for the purpose of designating the parking space in which vehicles may park, and each vehicle parked in such parking space shall park within the lines or markings so established.
(c) It shall be unlawful and a violation of this division to park any vehicle across any line or marking placed as provided by this section, or to park any vehicle in such a position that such vehicle shall not be entirely within the area so designated by such lines or markings.
(Code 1976, §§ 11-54, 11-55)
Sec. 82-93. Parking overtime.
It shall be unlawful for any owner or operator to cause, allow, permit or suffer any vehicle to be parked continuously in a parking space for a period of over two hours during the hours of regulation as prescribed in this division.
(Code 1976, § 11-56)
Sec. 82-94. Citations for violations.
(a) A police officer shall attach to every vehicle parking in violation of any of the provisions of this division a notice that such vehicle has been so illegally parked. Such notice shall contain the date and time of the violation, the number of the license of such automobile, and the state issuing such license, and shall also designate the parking space number at which such violation occurred and the name or number of the officer issuing such notice. Such notice shall state the penalty for such violation that occurred and the name or number of the officer issuing such notice. Such notice shall state that the penalty for such violation is $3.00. The notice shall be given by each police officer upon forms made available by the city, which form shall have attached thereto an envelope for the convenience of the payment of the penalty.
(b) The mayor is hereby authorized to purchase and install collection boxes upon such parking standards as he may select, which collection boxes shall be painted red and into which the required penalty for a parking violation may be deposited by the violator in the envelope provided with the notice. Penalties may also be paid at the city hall.
(Code 1976, § 11-57)
Sec. 82-95. Hours of regulation.
The parking spaces provided for in this division shall control parking only between the hours of 8:00 a.m. and 6:00 p.m. on all days except Saturdays, Sundays, New Year's Day, Decoration Day, the Fourth of July, Labor Day, Thanksgiving Day, Armistice Day and Christmas Day. On Saturdays, the parking spaces shall control parking only between the hours of 8:00 a.m. and 12:00 noon. When such parking spaces are not controlling parking as provided in this section, vehicles may be parked without regard to time limitation, but the parking lines designating such spaces shall be adhered to in such parking in the same manner as is required during other times.
(Code 1976, § 11-58)
Sec. 82-96. Use of funds.
The fines or penalties collected as provided in this division are levied and assessed as fees to cover the cost of the supervision, inspection, installation, operation, maintenance, control and use of the parking spaces described herein and also the cost of supervising and regulating the parking of vehicles in the parking spaces created hereby. Revenue derived from the operation of the parking spaces in excess of the amounts necessary to defray the aforementioned cost may be used for any legitimate corporate purpose.
(Code 1976, § 11-59)
Sec. 82-97. Violation; penalty.
Every person who violates or fails to comply with any of the provisions of this division shall be fined in a sum not less than $3.00 nor more than $15.00 for each offense.
(Code 1976, § 11-61)
Sec. 82-98. Other regulations in force.
This division is intended to and shall be in addition to all other ordinances, rules and regulations concerning traffic, parking and the use of the streets, and shall not be taken to repeal any other ordinance or part of any ordinance unless in direct conflict therewith.
(Code 1976, § 11-60)
Secs. 82-99– 82-110. Reserved.
DIVISION 3. Sec. 82-111. Sidewalks.
No automobile or other vehicle shall be parked on any sidewalk within the city.
(Code 1976, § 11-72)
Sec. 82-112. Handicapped parking zones.
(a) Authority to establish. The mayor is hereby authorized and directed to establish zones to be known as handicapped parking zones. Such handicapped parking zones shall be subject to the two-hour parking time limitation as established by division 2 of this article or shall be subject to no parking time limitation, as the mayor shall direct.
(b) Prohibited use. It shall be unlawful to park any motor vehicle which is not bearing registration plates or decals issued to a handicapped person, as defined by section 1-159.1, pursuant to sections 3-616, 11-1301.1 or 11-1301.2, or to a disabled veteran pursuant to section 3-609 of the Illinois Vehicle Code (625 ILCS 5/1-100 et seq.), as evidence that the vehicle is operated by or for a handicapped person or disabled veteran, in any parking place, including any private or public off-street parking facility specifically reserved by the posting of an official sign as designated under 625 ILCS 5/11-301 for motor vehicles bearing such registration plates. Any motor vehicle bearing a handicapped license plate or a handicapped parking decal or device containing the international symbol of access issued to handicapped persons by any local authority, state, district, territory or foreign country shall be recognized by state and local authorities as a valid license plate or device and receive the same parking privileges as residents of this state.
(c) Removal of unauthorized vehicles. Any person or local authority owning or operating any public or private off-street parking facility may, after notifying the city police department or the county sheriff's department, remove or cause to be removed to the nearest garage or other place of safety any vehicle parked within a stall or space reserved for use by the handicapped which does not display handicapped registration plates or a special decal or device as required under this section.
(d) Penalty. Any person found guilty of violating the provisions of this section shall be fined $100.00 in addition to any costs or charges connected with the removal or storage of any motor vehicle authorized under this section.
(Ord. No. 92-02, § 2(11-76), 1-13-92)
State law references: "Handicapped person" defined, 625 ILCS 5/1-159.1; disabled veterans' plates, 625 ILCS 5/3-609; plates for handicapped or hearing impaired persons, 625 ILCS 5/3-616; handicapped persons, parking privileges, exemptions, 625 ILCS 5/11-1301.1; special decals for handicapped parking, 625 ILCS 5/11-1301.2; unauthorized use of parking places reserved for handicapped persons, 625 ILCS 5/11-1301.3.
Sec. 82-113. No parking zones designated.
No vehicle shall be parked in the following streets within the boundaries indicated:
Second Street, east side, between Archer Avenue and Vine Street.
Second Street, west side, between Plum Street to a point 60 feet south of the south boundary of Plum Street.
Fifth Street, east side, between Locust Street and Vine Street, between the hours of 7:00 a.m. and 4:00 p.m.
Fifth Street, east side, between Plum Street and Spruce Street.
Fifth Street, west side, from the north boundary line of the east-west alley between Archer Avenue and Plum Street north 25 feet, between the hours of 8:00 a.m. and 7:00 p.m., except for vendors loading and unloading merchandise.
Fifth Street, west side, between Locust Street and Pine Street.
Fifth Street, west side, between Lynn Street to a point 323 feet south of Lynn Street.
Fifth Street, west side, between Plum Street to a point 120 feet south of Plum Street.
Sixth Street, both sides, from Chestnut Street to Vine Street.
Sixth Street, east side, between Beech Street and Lynn Street.
Sixth Street, east side, from the north boundary of Cypress Street north 557 feet.
Sixth Street, west side, between a point 122 feet north of the north boundary of Lynn Street to a point 109 feet south of the south boundary of Lynn Street, between the hours of 7:00 a.m. and 4:00 p.m.
Sixth Street, west side, from the point where the westwardly extension of the north side of Mulberry Street would intersect the west side of Sixth Street north 1,125 feet.
Sixth Street, west side, between Maple Street to a point 40 feet north of the north boundary of Maple Street.
Sixth Street, east side, between Maple Street to a point 48 feet north of the north boundary of Maple Street.
Sixth Street, both sides, between Maple Street to a point 48 feet south of the south boundary of Maple Street.
Seventh Street, east side, between Beech Street to a point 143 feet south of the south boundary of Beech Street, between the hours of 7:00 a.m. and 4:00 p.m.
Seventh Street, west side, between Beech Street to a point 143 feet south of the south boundary of Beech Street.
Seventh Street, both sides, between Lincoln Drive and Route 40.
Seventh Street, west side, between Oak Street and Lincoln Drive.
Seventh Street, east side, between Plum Street and the east-west alley between Plum Street and Beech Street, for all vans and for all trucks, road-tractors, truck-tractors, and recreational vehicles as defined in the Illinois Vehicle Code (625 ILCS 5/1-100 et seq.).
Eighth Street, east side, between Plum Street and Beech Street.
Archer Avenue, south side, between Second Street and Fourth Street.
Archer Avenue, north side, between First Street and Third Street for all vehicles having a gross vehicle weight greater than 12,000 pounds.
Archer Avenue, south side, between First Street and Fourth Street.
Archer Avenue, north side, between Illinois State Route 1 and a point 148 feet west of the West boundary of Illinois State Route 1.
Archer Avenue, right station 544+35 to Station 544+63 SBI Route 11, except for vendors loading and unloading merchandise.
Brysta Drive, both sides, the entire length of the drive.
Hickory Street, north side, the west 11 feet of the east 96 feet west of Illinois State Route 1.
Hickory Street, south side, between Illinois State Route 1 and Eighth Street.
Illinois State Route 1 (North Michigan Avenue), both sides, from Archer Avenue north to the north city corporate limits.
Illinois State Route 1, both sides, from the north city corporate limits to the south city corporate limits.
Interstate Circle Drive, both sides, the entire length of the drive.
Kyden Drive, both sides, the entire length of the drive.
Locust Street, north side, between Illinois State Route 1 and Ninth Street, between the hours of 7:00 a.m. and 4:00 p.m.
Locust Street, north side, between Illinois State Route 1 and 12th Street.
Lynn Street, both sides, between Fifth Street and Sixth Street.
Mulberry Street, south side, between Illinois State Route 1 and Sixth Street.
Park Avenue, west side, between Mulberry Street and Cypress Street.
Plum Street, both sides, from Eighth Street to Illinois State Route 1.
Plum Street, north side, between Eighth Street and a point 40 feet west of the boundary of Eighth Street.
Trefz Drive, both sides, the entire length of the drive.
Vine Street, both sides, from Fifth Street west to the west end of Vine Street.
Vine Street, south side, between Illinois State Route 1 and Fifth Street.
Walnut Street, both sides, from Second Street west to the west end of Walnut Street.
(Code 1976, § 11-74; Ord. No. 91-19, § 1, 8-12-91; Ord. No. 91-40, § 1, 12-9-91; Ord. No. 94-31, § 1, 12-28-94; Ord. No. 98-5, § 1, 4-27-98; Ord. No. 98-26, § 1, 9-28-98; Ord. No. 00-1, § 1, 3-27-00; Ord. No. 02-15, § 1, 10-14-02; Ord. No. 04-4, § 1, 2-9-04; Ord. No. 04-21, § 1, 7-29-04; Ord. No. 06-29, § 1, 7-10-06; Ord. No. 07-45, § 1, 10-8-07; Ord. No. 07-47, § 1, 10-22-07)
Sec. 82-114. "Live parking" zones designated.
No vehicle shall be parked in the following streets within the boundaries indicated unless the operator or driver is seated within the vehicle:
Seventh Street, east side, between Oak Street and Lincoln Drive.
South Street, east side, between Lynn Street and Mulberry Street.
(Code 1976, § 11-75)
Sec. 82-115. Resident only parking zones designated.
No vehicle shall be parked in the following streets within the boundaries indicated, except for vehicles registered to the address where the vehicle is parked or to designated guests of the resident thereof:
Second Street, west side, between Cherry Street and Walnut Street.
Second Street, west side, between a point 48 feet South of the South boundary of Walnut Street to a point 403 feet South of the South boundary of Walnut Street.
Elm Street, both sides, between Second Street and Third Street.
Walnut Street, both sides, between Second Street and Third Street.
(Ord. No. 94-31, § 2, 12-28-94; Ord. No. 00-1, § 2, 3-27-00)
Sec. 82-116. Fifteen-minute parking zones designated.
No vehicle shall be parked in the following streets within the boundaries indicated for longer than 15 minutes:
Archer Avenue, left station 543+81 to 544+03 SBI Route 11 so long as the operator or driver is dropping off books or other materials at the Marshall Public Library.
(Ord. No. 05-21, § 1, 7-25-05)
Sec. 82-117. Customer drop off parking zones designated.
No vehicle shall be parked in the following streets within the boundaries indicated unless the operator or driver is dropping off or picking up customers or loading or unloading customer baggage at the establishment designated:
Archer Avenue, right station 547+54 to Station 547+76 SBI Route 11 for the Archer House.
(Ord. No. 05-21, § 2, 7-25-05)
Sec. 82-118. No stopping or standing zones designated.
No vehicle shall be stopped or made standing in the following streets within the boundaries indicated (as used in this section the term standing shall mean to cause a vehicle to temporarily lose its motion):
North Seventh Street, both sides, between Lincoln Drive and Cedar Street.
(Ord. No. 08-24, § 1, 10-28-08)
Secs. 82-119– 82-125. Reserved.
DIVISION 4. Sec. 82-126. One-way intersections designated.
The following intersections are hereby designated as one-way stop intersections with the first listed street being the through street and the stop being on the second listed street in the direction listed:
Route 1 and Lincoln Drive going easterly.
Route 1 and Oak Street going easterly.
Route 1 and Mulberry Street going easterly.
Route 1 and Spruce Street going easterly.
Route 1 and Walnut Street going easterly.
Route 1 and Magnolia Street going easterly.
Route 1 and Redwood Street going easterly.
Route 1 and Pecan Street going easterly.
Route 1 and Palm Street going easterly.
Route 1 and Myrtle Street going easterly.
Route 1 and Marlon Street going westerly.
Route 1 and Sycamore Street going westerly.
Route 40 and Aspen going easterly.
Route 40 and Seventh Street going northerly.
Second Street and Lynn Street going westerly.
Second Street and Spruce Street going westerly.
Second Street and Mitchell Circle Drive (North) going easterly.
Second Street and Ash Street going westerly.
Second Street and Mitchell Circle Drive (South) going easterly.
Second Street and swimming pool parking lot going easterly.
Second Street and Locust Street going westerly.
Second Street and Pine Street going westerly.
Second Street and Poplar Street going westerly.
Second Street and Elm Street going westerly.
Second Street and Clarksville Road going northerly.
Second Street and Lincoln Motel Drive going easterly.
Second Street and Mason-Dixon Road going westerly.
Fourth Street and Magnolia Street going westerly.
Fourth Street and Redwood Street going westerly.
Fourth Street and Palm Street going westerly.
Fourth Street and Pecan Street going westerly.
Fifth Street and Myrtle Street going westerly.
Fifth Street and Chestnut Street going westerly.
Sixth Street and N. School Drive going westerly.
Sixth Street and Cypress Street going westerly.
Sixth Street and Mason-Dixon Road going easterly.
Seventh Street and Cedar Street going westerly.
Seventh Street and Oak Street going westerly.
Ninth Street and Cypress Street going easterly.
Ninth Street and Harding Street going easterly.
Ninth Street and Marlon Street going easterly.
11th Street and Chestnut Street going easterly.
11th Street and Poplar Street going easterly.
11th Street and Cherry Street going easterly.
11th Street and Walnut Street going easterly.
11th Street and Elm Street going easterly.
14th Street and Locust Street going easterly.
14th Street and Plum Street going easterly.
14th Street and Beech Street going easterly.
14th Street and Ash Street going easterly.
Archer Avenue and First Street going southerly.
Ash Street and Tenth Street going northerly.
Ash Street and 13th Street going northerly.
Aspen and Holly Street going northerly.
Elm Street and Eighth Street going northerly.
Hickory Street and 11th Street going northerly.
Hickory Street and 12th Street going northerly.
Holly Street and Linden Street going Easterly.
Holly Street and Wood Street going Easterly.
Locust Street and Seventh Street going southerly.
Locust Street and Eighth Street going northerly.
Maple Street and 12th Street going southerly.
Maple Street and 13th Street going southerly.
North Michigan Avenue and Ninth Street going westerly.
North Michigan Avenue and Lincoln Drive going easterly.
Oak Street and Eighth Street going northerly.
Oak Street and Ninth Street going northerly.
Oak Street and Tenth Street going southerly.
South Michigan Avenue and Seventh Street going southerly.
Spruce Street and Third Street going northerly.
Spruce Street and Fourth Street going northerly.
Spruce Street and Ninth Street going southerly.
Sycamore Street and Ninth Street going southerly.
Sycamore Street and 11th Street going southerly.
Vine Street and Third Street going southerly.
Vine Street and Eighth Street going southerly.
Vine Street and Tenth Street going southerly.
(Code 1976, § 11-79; Ord. No. 94-14, § 1, 4-11-94; Ord. No. 02-6, § 1, 4-22-02; Ord. No. 05-2, § 1, 2-14-05)
Sec. 82-127. Two-way intersections designated.
The following intersections are hereby designated as two-way stop intersections, with the first listed street being the through street and the second listed street stopping in both directions:
Route 1 and Cedar Street.
Route 1 and Hickory Street.
Route 1 and Ash Street.
Route 1 and Beech Street.
Route 1 and Plum Street.
Route 1 and Locust Street.
Route 1 and Pine Street.
Route 1 and Maple Street.
Route 1 and Poplar Street.
Route 1 and Cherry Street.
Route 1 and Elm Street.
Route 1 and Vine Street.
Route 40 and Second Street.
Route 40 and Sixth Street.
Second Street and Hickory Street.
Second Street and Beech Street.
Second Street and Plum Street.
Second Street and Maple Street.
Second Street and Cherry Street.
Second Street and Walnut Street.
Fifth Street and Elm Street.
Fifth Street and Walnut Street.
Fifth Street and Cherry Street.
Fifth Street and Poplar Street.
Fifth Street and Maple Street.
Fifth Street and Pine Street.
Fifth Street and Locust Street.
Fifth Street and Plum Street.
Fifth Street and Beech Street.
Fifth Street and Ash Street.
Fifth Street and Hickory Street.
Fifth Street and Magnolia Street.
Fifth Street and Spruce Street.
Sixth Street and Lynn Street.
Sixth Street and Spruce Street.
Sixth Street and Hickory Street.
Sixth Street and Ash Street.
Sixth Street and Beech Street.
Sixth Street and Pine Street.
Sixth Street and Maple Street.
Seventh Street and Plum Street.
Seventh Street and Beech Street.
Seventh Street and Ash Street.
Seventh Street and Hickory Street.
Seventh Street and Spruce Street.
Eighth Street and Beech Street.
Eighth Street and Hickory Street.
12th Street and Beech Street.
14th Street and Pine Street.
Archer Avenue and Second Street.
Archer Avenue and Third Street.
Archer Avenue and Fourth Street.
Archer Avenue and Fifth Street.
Archer Avenue and Seventh Street.
Archer Avenue and Ninth Street.
Archer Avenue and Tenth Street.
Archer Avenue and 11th Street.
Archer Avenue and 12th Street.
Archer Avenue and 13th Street.
Archer Avenue and 14th Street.
Locust Street and Fourth Street.
Locust Street and 11th Street.
Maple Street and Eighth Street.
Maple Street and Ninth Street.
Maple Street and Tenth Street.
Mulberry Street and Seventh Street.
Mulberry Street and Ninth Street.
Pine Street and 13th Street.
Plum Street and Fourth Street.
Plum Street and Eighth Street.
Plum Street and Ninth Street.
Plum Street and 13th Street.
Poplar Street and Ninth Street.
Poplar Street and Tenth Street.
South Michigan Avenue and Sixth Street.
Vine Street and Fourth Street.
Vine Street and Fifth Street.
Vine Street and Ninth Street.
Vine Street and 11th Street.
(Code 1976, § 11-80; Ord. No. 92-12, § 1, 6-8-92; Ord. No. 93-20, § 2, 7-12-93; Ord. No. 94-13, § 1, 3-28-94; Ord. No. 94-14, § 2, 4-11-94; Ord. No. 03-14, § 1, 3-24-03)
Sec. 82-128. Three-way intersections designated.
The following intersections are hereby designated as three-way stop intersections, with the first listed street stopping in both directions and the second listed street stopping in the direction listed:
Seventh Street and Lincoln Drive going westerly.
Vine Street and Second Street going southerly.
(Code 1976, § 11-81; Ord. No. 94-13, § 2, 3-28-94)
Sec. 82-129. Four-way intersections designated.
The following intersections are hereby designated as four-way stop intersections:
Route 1 and Archer Avenue.
Fifth Street and Locust Street.
Sixth Street and Archer Avenue.
Sixth Street and Locust Street.
Sixth Street and Plum Street.
Eighth Street and Mulberry Street.
Tenth Street and Beech Street
Tenth Street and Lincoln Drive.
11th Street and Maple Street.
Chestnut Street and South Michigan Avenue.
Walnut Street and South Michigan Avenue.
(Code 1976, § 11-82; Ord. No. 91-18, § 1(11-82), 8-12-91; Ord. No. 92-12, § 2, 6-8-92; Ord. No. 02-32, § 1, 12-24-02; Ord. No. 03-14, § 2, 3-24-03; Ord. No. 03-26, § 1, 11-10-03; Ord. No. 05-22, § 1, 8-24-05; Ord. No. 07-4, § 9, 3-12-07)
Sec. 82-130. One-way yield intersections designated.
The following intersections are hereby designated as one-way yield intersections, with the first listed street being the through street and the second listed street yielding in the direction listed:
Cypress Street and Park Avenue going northerly.
Hawthorne Drive and Autumn Lane going easterly.
Mulberry Street and Park Avenue going northerly.
South Michigan Avenue and Ninth Street going southerly.
Unnamed alley running east and west between Michigan Avenue and Tenth Street and between Beech Street and Plum Street and North Ninth Street going northerly.
Valley Road and Highland Drive intersection and Valley Road going west.
(Code 1976, § 11-84; Ord. No. 90-03, § 1, 1-22-90; Ord. No. 99-3, § 1, 3-8-99; Ord. No. 01-10, § 1, 7-23-01; Ord. No. 05-2, § 2, 2-14-05)
Sec. 82-131. Two-way yield intersections designated.
The following intersections are hereby designated as yield intersections, with the first listed street being the through street and the second listed street yielding in both directions:
Third Street and Elm Street.
Third Street and Walnut Street.
Third Street and Cherry Street.
Third Street and Poplar Street.
Third Street and Pine Street.
Third Street and Locust Street.
Third Street and Plum Street.
Third Street and Beech Street.
Third Street and Ash Street.
Fourth Street and Ash Street.
Fourth Street and Beech Street.
Fourth Street and Pine Street.
Fourth Street and Poplar Street.
Fourth Street and Cherry Street.
Fourth Street and Walnut Street.
Fourth Street and Elm Street.
Fifth Street and Pecan Street.
Fifth Street and Palm Street.
Fifth Street and Redwood Street.
Seventh Street and Cypress Street.
Eighth Street and Cherry Street.
Eighth Street and Poplar Street.
Eighth Street and Chestnut Street.
Eighth Street and Pine Street.
Eighth Street and Ash Street.
Eighth Street and Spruce Street.
Eighth Street and Cedar Street.
Eighth Street and Cypress Street.
Ninth Street and Cedar Street.
Ninth Street and Pine Street.
Ninth Street and Chestnut Street.
Ninth Street and Cherry Street.
Ninth Street and Elm Street.
Tenth Street and Elm Street.
Tenth Street and Walnut Street.
Tenth Street and Cherry Street.
Tenth Street and Chestnut Street.
Tenth Street and Pine Street.
Tenth Street and Plum Street.
11th Street and Ash Street.
11th Street and Plum Street.
11th Street and Pine Street.
12th Street and Pine Street.
12th Street and Locust Street.
12th Street and Plum Street.
12th Street and Ash Street.
13th Street and Locust Street.
Beech Street and 11th Street.
Beech Street and 13th Street.
Cedar Lane and Hawthorne Drive.
Hickory Street and Third Street.
Hickory Street and Fourth Street.
Lincoln Street and Tenth Street.
Lincoln Street and Linwood Place.
Lincoln Street and Meadow Place.
Lincoln Street and Newton Place.
Locust Street and Ninth Street.
Locust Street and Tenth Street.
Maple Street and Third Street.
Maple Street and Fourth Street.
South Michigan Avenue and Eighth Street.
South Michigan Avenue and Cherry Street.
South Michigan Avenue and Elm Street.
South Michigan Avenue and Poplar Street.
Walnut Street and Ninth Street.
(Code 1976, § 11-83; Ord. No. 93-20, § 1, 7-12-93; Ord. No. 97-5, § 1, 5-28-97; Ord. No. 99-3, § 2, 3-8-99; Ord. No. 02-32, § 2, 12-24-02; Ord. No. 03-26, § 2, 11-10-03)
Secs. 82-132– 82-155. Reserved.
ARTICLE IV. DIVISION 1. Sec. 82-156. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Bicycle means every device propelled by human power upon which any person may ride, having two tandem wheels, except scooters and similar devices.
(Code 1976, § 11-112)
Cross references: Definitions generally, § 1-2.
State law references: Similar provisions, 625 ILCS 5/1-106.
Sec. 82-157. Method of riding; parking; required equipment.
(a) Any person operating a bicycle shall obey all official traffic control signals, signs, and other control devices applicable to vehicles, unless otherwise directed by a police officer.
(b) Every person operating a bicycle upon the roadway of a public highway shall not ride two abreast, except on paths or parts of roadways set aside for the exclusive use of bicycles.
(c) Whenever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such path and not use the roadway.
(d) No person shall operate a bicycle at a speed greater than is reasonable and prudent under the conditions then existing.
(e) No person shall park a bicycle upon a public street other than upon the roadway against the curb or upon the sidewalk in a rack to support the bicycle or against a building or at the curb, and in such a manner as to afford the least obstruction to pedestrian traffic.
(f) Every bicycle on a public highway shall be equipped and maintained in compliance with 625 ILCS 5/11-1507.
(Code 1976, § 11-113)
Sec. 82-158. Violation; penalty.
Every person convicted of a violation of any provision of this article may be fined according to the provisions of section 1-5 of this Code, by removal and detention of the registration tag from the bicycle for a period not to exceed 90 days, by impounding the bicycle for a period of not to exceed 90 days, or by any combination thereof.
(Code 1976, § 11-116; Ord. No. 97-26, § 4, 11-10-97)
Secs. 82-159– 82-170. Reserved.
DIVISION 2. Sec. 82-171. Required.
It shall be unlawful for any person to operate or use, or permit to be operated or used, or rent for use, any bicycle upon any of the public highways, streets, avenues, parks or public places in the city without first obtaining therefor a registration certificate from the chief of police of the city.
(Code 1976, § 11-123)
Sec. 82-172. Issuance.
(a) The chief of police is hereby authorized and directed to issue, upon written application, bicycle registrations which shall be effective for one year.
(b) Each applicant for a bicycle registration shall obtain from the police headquarters of the city the form of application prescribed by the chief of police. Completed applications, with the required fee, shall be filed at police headquarters, and the police department shall inspect the bicycle to determine that it is in a safe mechanical condition. The police department shall also examine the applicant as to his qualifications for operating a bicycle and as to his knowledge of the vehicle and traffic laws of the state applicable to bicycles, traffic signs and signals. The chief of police may refuse to issue the registration if the applicant's bicycle is found to be in an unsafe mechanical condition or if the applicant fails to pass the aforesaid examination or for other cause. If the application is denied by the chief of police, he shall notify the police department of such denial. The police department shall keep records of the action taken with respect to each application and registration or the denial, suspension, or revocation thereof.
(Code 1976, § 11-124)
Sec. 82-173. Tags.
The city shall provide each year metallic registration tags, together with registration certificates or cards approved by the chief of police. Such metallic tags and registration documents shall have numbers stamped thereon in numerical order beginning with number one and indicating the calendar year for which the same are issued, after approval of the application and payment of the required fee. The tag shall be kept attached to the bicycle during the valid term of such registration.
(Code 1976, § 11-125)
Sec. 82-174. Fee.
The annual registration fee to be paid for each bicycle tag shall be $0.10.
(Code 1976, § 11-126)
Sec. 82-175. Territory designated for riding.
Registration of a bicycle, when issued, shall entitle the person to operate the bicycle for which the registration has been issued upon all the public highways, streets, avenues, parks, and public places, exclusive of sidewalks in the city on Archer Avenue from Ninth Street to Fourth Street and on Fifth, Sixth and Seventh Streets from Locust Street to Plum Street.
(Code 1976, § 11-114)
Sec. 82-176. Transfer.
It shall be the duty of every person residing in the city who sells or transfers ownership of any bicycle to report such sale or transfer by returning to police headquarters the registration issued to such owner, together with the name and address of the person to whom the bicycle is sold or transferred. The report shall be made within five days of the date of sale or transfer. It shall be the duty of the purchaser or the transferee to apply to police headquarters for registration thereof within five days of the date of such sale or transfer. Issuance of such registration shall be subject to all other applicable provisions of this article. A fee of $0.10 shall be paid for each such transfer.
(Code 1976, § 11-127)
Sec. 82-177. Expiration and renewal.
Every registration shall expire on December 31 next after its issue. Upon or within 30 days prior to the expiration of any bicycle registration, such registration may be renewed upon application and payment of the same fee as upon any original application.
(Code 1976, § 11-128)
Sec. 82-178. Revocation or suspension.
The chief of police may at any time for a violation of any of the provisions of this article or for such cause as the chief deems sufficient, suspend or, after a hearing, revoke any registration issued pursuant to the provisions of this article. Notice of revocation or suspension of any registration shall be given to the police department.
(Code 1976, § 11-115)
Secs. 82-179– 82-200. Reserved.
ARTICLE V. Sec. 82-201. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Inoperable motor vehicle means any motor vehicle from which, for a period of at least seven days, the engine, wheels or other parts have been removed; or whose 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 or is without a current valid registration and current valid license plates. "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, nor shall such term apply to any motor vehicle that is kept within a building when not in use or to any operable historic vehicle over 25 years of age or to a motor vehicle on the premises of a place of business engaged in the wrecking or junking of motor vehicles. A motor vehicle rendered incapable of being driven under its own power for more than 21 days shall be presumed to be permanently incapable of being driven under its own motor power.
(Code 1976, § 11-141; Ord. No. 92-05, § 1(11-141), 2-24-92; Ord. No. 95-12, § 1, 9-25-95)
Cross references: Definitions generally, § 1-2.
State law references: Similar provisions, 65 ILCS 5/11-40-3.
Sec. 82-202. Declaration of nuisance.
All inoperable motor vehicles, whether on public or private property, in view of the general public are hereby declared to be a nuisance.
(Code 1976, § 11-142)
Sec. 82-203. Notice to owner; failure to dispose.
The police department shall notify any person to dispose of any inoperable motor vehicles under his control. If that person fails to dispose of such inoperable motor vehicles after seven days from the issuance of the notice, the police department shall cause an ordinance violation citation to be issued.
(Code 1976, § 11-143; Ord. No. 03-22, § 1, 8-11-03)
Sec. 82-204. Violations; penalties.
Any person failing to obey a notice to dispose of any inoperable motor vehicle shall, upon conviction, be fined in an amount according to the provisions of section 1-5 of this Code. Each day such person fails to dispose of any inoperable motor vehicle shall constitute a separate offense and shall be punishable as such under such section.
(Code 1976, § 11-144; Ord. No. 97-24, § 4, 10-27-97)
Secs. 82-205– 82-225. Reserved.
ARTICLE VI. ------------
State law references: Abandoned, lost, stolen or unclaimed vehicles, 625 ILCS 5/4-201 et seq.
------------
Sec. 82-226. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Abandoned vehicle means any motor vehicle or other vehicle which is left at any place for such time and under such circumstances as to cause such a vehicle reasonably to appear to have been abandoned; or any motor vehicle or other vehicle 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 consecutive days or more and is apparently deserted.
Antique vehicle means a motor vehicle that is more than 25 years of age or a bona fide replica thereof and which is driven on the highways only going to and returning from an antique auto show or an exhibition, or for servicing or demonstration, or a firefighting vehicle more than 20 years old which is not used as firefighting equipment but is used only for the purpose of exhibition or demonstration.
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, discarded motor vehicle, regardless of title, having lost its character as substantial property and left unattended without justification on the owner's land contrary to the public policy expressed in this article.
Highway means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
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.
(Code 1976, § 11-16)
Cross references: Definitions generally, § 1-2.
Sec. 82-227. Abandonment of vehicles prohibited.
(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 in this article.
(b) Private property. The abandonment of a motor vehicle or other 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 motor vehicle or other vehicle or any part thereof abandoned on private property shall be authorized for removal by or upon the order of the police department after waiting a period of seven days or more.
(d) Penalty. Any person who violates or aids and abets in the violation of this section:
(1) Shall be fined not less than $50.00 or more than $100.00; and
(2) 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 625 ILCS 5/4-203(e).
(Code 1976, §§ 11-17, 11-29)
State law references: Similar provisions, 625 ILCS 5/4-214.
Sec. 82-228. Abandoned, lost, stolen or unclaimed vehicle; notification to police department.
When an abandoned, lost, stolen or unclaimed vehicle comes into the temporary possession or custody of a person in this city, not the owner of the vehicle, such person shall immediately notify the police department when the vehicle is within the corporate limits of the city. Upon receipt of such notification, the police department 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, and maintain a record of the tow as set forth in section 82-230 for the police department, 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 article.
(Code 1976, § 11-18)
State law references: Similar provisions, 625 ILCS 5/4-202.
Sec. 82-229. Removal of abandoned or unattended vehicles.
(a) When a vehicle is abandoned or left unattended on a toll highway, interstate highway or expressway for two hours or more, its removal by a towing service may be authorized by the police department.
(b) When a vehicle is abandoned or left unattended on a highway in an urban district for ten hours or more, its removal by a towing service may be authorized by the police department.
(c) 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 24 hours or more, its removal by a towing service may be authorized by the police department.
(d) 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 because 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.
(e) Except as provided in the Illinois Commercial Relocation of Trespassing Vehicles Law (625 ILCS 5/18a-100 et seq.), the police department may cause any motor vehicle abandoned or left unattended upon publicly owned real property without permission to be removed by a towing service without liability for the costs of removal, transportation, storage or damage caused by such removal, transportation or storage.
(f) When a vehicle removal from either public or private property is authorized by the police department, the owner of the vehicle shall be responsible for all towing and storage costs.
(Code 1976, § 11-19)
Sec. 82-230. Reports on towed vehicles.
When a vehicle is authorized to be towed away as provided in section 82-228 or 82-229, the police department 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.
(Code 1976, § 11-20)
State law references: Similar provisions, 625 ILCS 5/4-204.
Sec. 82-231. Record searches.
(a) When the police department authorizes the impounding of a vehicle and does not know the identity of the registered owner, lienholder or other legally entitled person, the police department will cause the vehicle registration records of the state to be searched by the secretary of state for the purpose of obtaining the required ownership information.
(b) The police department 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 police department for its 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 days after the date the police department impounds or authorizes the impounding of a vehicle, provided that if the police department 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-day period after impoundment, then notification shall be sent no later than two 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 section 82-235.
(Code 1976, § 11-21)
State law references: Similar provisions, 625 ILCS 5/4-205.
Sec. 82-232. State police information.
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 state police for the purpose of identifying the vehicle's 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 police department having custody of the vehicle for notification purposes as set forth in section 82-231.
(Code 1976, § 11-22)
Sec. 82-233. Reclaimed vehicles; expenses.
Any time before a vehicle is sold at public sale or disposed of as provided in section 82-234, 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 person under this section until all towing and storage charges have been paid.
(Code 1976, § 11-23)
State law references: Similar provisions, 625 ILCS 5/4-207.
Sec. 82-234. Disposal of unclaimed vehicles.
(a) When an abandoned, lost, stolen or unclaimed vehicle seven years of age or newer remains unclaimed by the registered owner, lienholder or other person legally entitled to its possession for a period of 30 days after notice has been given as provided in sections 82-231 and 82-232, the police department 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 625 ILCS 5/5-100 et seq., 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 days prior to the sale on the premises where the vehicle has been impounded. At least ten days prior to the sale, the police department 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 and other persons known by the police department or towing service to be legally entitled to 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.
(b) In those instances where the certified notification specified in sections 82-231 and 82-232 has been returned by the postal authorities to the police department or towing service 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 will not be required.
(Code 1976, § 11-24)
State law references: Similar provisions, 625 ILCS 5/4-208.
Sec. 82-235. Disposal of unclaimed vehicles without notice.
(a) 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 years of age or newer cannot be determined by any means provided for in this article, the vehicle may be sold as provided in section 82-234 without notice to any person whose identity cannot be determined.
(b) When an abandoned vehicle of more than seven years of age is impounded as specified by this article, it will be kept in custody for a minimum of ten 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 for an examination of the state police stolen vehicle files for theft and wanted information. At the expiration of the ten-day period, without the benefit of disposition information being received from the registered owner or the lienholder, the police department will authorize the disposal of the vehicle as junk or salvage.
(c) A vehicle classified as an antique vehicle may be sold to a person desiring to restore it.
(Code 1976, § 11-25)
State law references: Similar provisions, 625 ILCS 5/4-209.
Sec. 82-236. Police record for reclaimed or disposed vehicles.
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 article, a report of the transaction will be maintained by the police department for a period of one year from the date of the sale or disposal.
(Code 1976, § 11-26)
Sec. 82-237. Public sale proceeds.
(a) When a vehicle located within the corporate limits of the city is authorized to be towed away by the police department 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 city treasury.
(b) The provisions of this section shall not apply to vehicles disposed of or sold at public sale under 625 ILCS 5/4-107(k).
(Code 1976, § 11-27)
State law references: Similar provisions, 625 ILCS 5/4-211.
Sec. 82-238. Liability of city.
A police officer or 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 motor vehicle or other vehicle when the vehicle was processed and sold or disposed of as provided by this article.
(Code 1976, § 11-28)
Sec. 82-239. Failure to pay fine, charges and costs on an abandoned vehicle.
Whenever any person fails to pay any fine, charge or costs imposed for a violation of this article the city attorney is directed to request the clerk of the court to notify the secretary of state of said failure pursuant to Section 4-214.1 of the Illinois Vehicle Code (625 ILCS 5/4-214.1).
(Ord. No. 04-24, § 1, 7-29-04)
Sec. 82-240– 82-299. Reserved.
ARTICLE VII. Sec. 82-300. Purpose.
The purpose of this identity theft prevention program is to protect customers of the city's utility services from identity theft. The program is intended to establish reasonable policies and procedures to facilitate the detection, prevention and mitigation of identity theft in connection with the opening of new covered accounts and activity on existing covered accounts. This identity theft prevention program is adopted pursuant to and in compliance with the Identity Theft Rules of the Federal Trade Commission, Part 681 of Title 16 of the Code of Federal Regulations (16 CFR Part 681).
(Ord. No. 08-23, § 1, 10-13-08)
Sec. 82-301. Scope.
This program applies to the creation, modification and access to identifying information of a customer of one or more of the utilities operated by the city by any and all personnel of the city, including management personnel. This program does not replace or repeal any previously existing policies or programs addressing some or all of the activities that are the subject of this program, but rather it is intended to supplement any such existing policies and programs.
(Ord. No. 08-23, § 1, 10-13-08)
Sec. 82-302. Definitions.
When used in this program, the following terms have the meanings set forth opposite their name, unless the context clearly requires that the term be given a different meaning:
Covered account: The term "covered account" means an account that the city offers or maintains, primarily for personal, family or household purposes, that involves or is designed to permit multiple payments of transactions. (16 CFR 681.2(b)(3)(i)). A utility account is a "covered account." The term "covered account" also includes other accounts offered or maintained by the city for which there is a reasonably foreseeable risk to customers of the city or its customers from identity theft. (16 CFR 681.2(b)(3)(ii)).
Identity theft: The term "identity theft" means a fraud committed or attempted using the identifying information of another person without authority. (16 CFR § 681.2(b)(8) and 16 CFR § 603.2(a)).
Identifying information: The term "identifying information" means any name or number that may be used, alone or in conjunction with any other information, to identify a specific person, including any name, social security number, date of birth, official state or government issued driver's license or identification number, alien registration number, government passport number, employer or taxpayer identification number. Additional examples of "identifying information" are set forth in 16 CFR § 603.2(a).
Program: The term "program" means this Identity Theft Prevention Program.
Program administrator: The term "program administrator" means the Director of Public Works of this city.
Red flag: The term "red flag" means a pattern, practice or specific activity that indicates the possible existence of identity theft.
Certain terms used but not otherwise defined herein shall have the meanings given to them in the Federal Trade Commission's Identity Theft Rules (16 CFR Part 681) or the Fair Credit Reporting Act of 1970 (15 U.S.C. § 1681 et seq.), as amended by the Fair and Accurate Credit Transactions Act of 2003 (Public Law 108-159).
(Ord. No. 08-23, § 1, 10-13-08)
Sec. 82-303. Administration of the program.
(a) The initial adoption and approval of the Identity Theft Prevention Program shall be by the adoption of this program by the city council. Thereafter, changes to the program of a day-to-day operational character and decisions relating to the interpretation and implementation of the program may be made by the program administrator. Major changes or shifts of policy positions under the program shall only be made by the city council.
(b) Development, implementation, administration and oversight of the program will be the responsibility of the program administrator. The program administrator may, but shall not be required to, appoint a committee to administer the Program. The program administrator shall be the head of any such committee. The program administrator shall report at least annually to the city council regarding compliance with this program.
(c) Issues to be addressed in the annual identity theft prevention report include:
(1) The effectiveness of the policies and procedures in addressing the risk of identity theft in connection with the opening of new covered accounts and activity with respect to existing covered accounts.
(2) Service provider arrangements.
(3) Significant incidents involving identity theft and management's response.
(4) Recommendations for material changes to the program, if needed for improvement.
(Ord. No. 08-23, § 1, 10-13-08)
Sec. 82-304. Identity theft prevention elements.
(a) Identification of relevant red flags. The city has considered the guidelines and the illustrative examples of possible red flags from the Federal Trade Commission's Identity Theft Rules and has reviewed the city's past history with instances of identity theft, if any. The city hereby determines that the following are the relevant red flags for purposes of this program given the relative size of the city and the limited nature and scope of the services that the city provides to its citizens:
(1) The presentation of suspicious documents.
a. Documents provided for identification appear to have been altered or forged.
b. The photograph or physical description on the identification is not consistent with the appearance of the applicant or customer presenting the identification.
c. Other information on the identification is not consistent with information provided by the person opening a new covered account or customer presenting the identification.
d. Other information on the identification is not consistent with readily accessible information that is on file with the city, such as a signature card or a recent check.
e. An application appears to have been altered or forged, or gives the appearance of having been destroyed and reassembled.
(2) The presentation of suspicious personal identifying information, such as a suspicious address change.
a. Personal identifying information provided is inconsistent when compared against external information sources used by the city. For example:
1. The address does not match any address in the consumer report or credit reporting agency ID check response; or
2. The social security number has not been issued, or is listed on the Social Security Administration's death master file.
b. Personal identifying information provided by the customer is not consistent with other personal identifying information provided by the customer. For example, there is a lack of correlation between the Social Security Number range and date of birth.
c. Personal identifying information provided is associated with known fraudulent activity as indicated by internal or third-party sources used by the city. For example:
1. The address on an application is the same as the address provided on a fraudulent application; or
2. The phone number on an application is the same as the number provided on a fraudulent application.
d. Personal identifying information provided is of a type commonly associated with fraudulent activity as indicated by internal or third-party sources used by the city. For example:
1. The billing address on an application is fictitious, a mail drop, or a prison; or
2. The phone number is invalid, or is associated with a pager or answering service.
e. The social security number provided is the same as that submitted by other persons opening an account or other customers.
f. The address or telephone number provided is the same as or similar to the account number or telephone number submitted by an unusually large number of other persons opening accounts or other customers.
g. The person opening the covered account or the customer fails to provide all required personal identifying information on an application or in response to notification that the application is incomplete.
h. Personal identifying information provided is not consistent with personal identifying information that is on file with the city.
i. If the city uses challenge questions, the person opening the covered account or the customer cannot provide authenticating information beyond that which generally would be available from a wallet or consumer report.
(3) The unusual use of, or other suspicious activity related to, a covered account.
a. Shortly following the notice of a change of address for a covered account, the city receives a request for the addition of authorized users on the account.
b. A new utility account is used in a manner commonly associated with known fraud patterns. For example: the customer fails to make the first payment or makes an initial payment but no subsequent payments.
c. A covered account with a stable history shows irregularities.
d. A covered account that has been inactive for a reasonably lengthy period of time is used (taking into consideration the type of account, the expected pattern of usage and other relevant factors).
e. Mail sent to the customer is returned repeatedly as undeliverable although usage of utility products or services continues in connection with the customer's covered account.
f. The city is notified that the customer is not receiving paper account statements.
g. The city is notified of unauthorized usage of utility products or services in connection with a customer's covered account.
(4) Notice of possible identity theft.
a. The city is notified by a customer, a victim of identity theft, a law enforcement authority, or any other person that it has opened a fraudulent account for a person engaged in identity theft.
(5) Alerts, notifications, or other warnings received from consumer reporting agencies or service providers (if such agencies or providers are used by the city):
a. A fraud or active duty alert is included with a consumer report or an identity verification response from a credit reporting agency.
b. A consumer reporting agency provides a notice of credit freeze in response to a request for a consumer report.
c. A consumer reporting agency provides a notice of address discrepancy, as defined in §681.1(b) of the Federal Trade Commission's Identity Theft Rules.
d. A consumer report indicates a pattern of activity that is inconsistent with the history and usual pattern of activity of an applicant or customer, such as:
1. A recent and significant increase in the volume of inquiries;
2. An unusual number of recently established credit relationships;
3. A material change in the use of credit, especially with respect to recently established credit relationships; or
4. An account that was closed for cause or identified for abuse of account privileges by a financial institution or creditor.
(b) Detection of red flags.
(1) The employees of the city that interact directly with customers on a day-to-day basis shall have the initial responsibility for monitoring the information and documentation provided by the customer and any third-party service provider in connection with the opening of new accounts and the modification of or access to existing accounts and the detection of any red flags that might arise. Management shall see to it that all employees who might be called upon to assist a customer with the opening of a new account or with modifying or otherwise accessing an existing account are properly trained such that they have a working familiarity with the relevant red flags identified in this program so as to be able to recognize any red flags that might surface in connection with the transaction. An employee who is not sufficiently trained to recognize the red flags identified in this program shall not open a new account for any customer, modify any existing account or otherwise provide any customer with access to information in an existing account without the direct supervision and specific approval of a management employee. Management employees shall be properly trained such that they can recognize the relevant red flags identified in this program and exercise sound judgment in connection with the response to any unresolved red flags that may present themselves in connection with the opening of a new account or with modifying or accessing of an existing account. Management employees shall be responsible for making the final decision on any such unresolved red flags.
(2) The program administrator shall establish from time to time a written policy setting forth the manner in which a prospective new customer may apply for service, the information and documentation to be provided by the prospective customer in connection with an application for a new utility service account, the steps to be taken by the employee assisting the customer with the application in verifying the customer's identity and the manner in which the information and documentation provided by the customer and any third-party service provider shall be maintained. Such policy shall be generally consistent with the spirit of the Customer Identification Program rules (31 CFR 103.121) implementing Section 326(a) of the USA Patriot Act but need not be as detailed. The program administrator may, but is not required to, maintain a relationship with a credit reporting agency to perform identity verification services. The program administrator shall establish from time to time a written policy setting forth the manner in which customers with existing accounts shall establish their identity before being allowed to make modifications to or otherwise gain access to existing accounts.
(c) Response to detected red flags.
(1) If the responsible employees of the city as set forth in the previous subsection are unable, after making a good faith effort, to form a reasonable belief that they know the true identity of a customer attempting to open a new account or modify or otherwise access an existing account based on the information and documentation provided by the customer and any third-party service provider, the city shall not open the new account or modify or otherwise provide access to the existing account as the case may be. Discrimination in respect to the opening of new accounts or the modification or access to existing accounts will not be tolerated by employees of the city and shall be grounds for immediate dismissal.
(2) The program administrator shall establish from time to time a written policy setting forth the steps to be taken in the event of an unresolved red flag situation. Consideration should be given to aggravating factors that may heighten the risk of identity theft, such as a data security incident that results in unauthorized access to a customer's account, or a notice that a customer has provided account information to a fraudulent individual or website. Appropriate responses to prevent or mitigate identity theft when a red flag is detected include:
a. Monitoring a covered account for evidence of identity theft.
b. Contacting the customer.
c. Changing any passwords, security codes, or other security devices that permit access to a covered account.
d. Reopening a covered account with a new account number.
e. Not opening a new covered account.
f. Closing an existing covered account.
g. Not attempting to collect on a covered account or not selling a covered account to a debt collector.
h. Notifying law enforcement.
i. Determining that no response is warranted under the particular circumstances.
IN GENERAL
OPERATION OF VEHICLES
GENERALLY
ONE-WAY STREETS
PARKING, STANDING AND STOPPING*
GENERALLY
PARKING ZONES
RESTRICTED AREAS
STOP STREETS
BICYCLES
GENERALLY
REGISTRATION
INOPERABLE VEHICLES
ABANDONED VEHICLES*
IDENTITY THEFT PREVENTION PROGRAM