Chapter 78
TRAFFIC AND VEHICLES*

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Cross references: Vehicles crossing fire hoses, 34-71; law enforcement, ch. 42; inoperable motor vehicles a nuisance, 46-155; scavengers in vehicles, 58-65; streets, sidewalks and other public places, ch. 66; vehicles for hire, ch. 90.

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Article I. In General

Sec. 78-1. State traffic laws adopted.

Sec. 78-2. Posting signs.

Sec. 78-3. Vehicles for sale.

Secs. 78-4 78-30. Reserved.

Article II. Administration and Enforcement

Division 1. Generally

Sec. 78-31. General penalties.

Sec. 78-32. Arrests.

Sec. 78-33. Tickets.

Sec. 78-34. Prima facie proof.

Secs. 78-35 78-39. Reserved.

Division 2. Vehicle Seizure and Impoundment

Sec. 78-40. Definitions.

Sec. 78-41. Use of motor vehicles for unlawful purposes.

Sec. 78-42. Seizure and impoundment.

Sec. 78-43. Administrative hearing.

Sec. 78-44. Disposition of impounded vehicles.

Sec. 78-45. Posting of bond.

Sec. 78-46. Vehicle possession.

Secs. 78-47 78-60. Reserved.

Article III. Operation of Vehicles

Sec. 78-61. Through streets and stop intersections.

Sec. 78-62. Yield intersections.

Sec. 78-63. Speed limits.

Sec. 78-64. Reckless, careless or negligent driving.

Sec. 78-65. Riding on fenders, running boards or outside steps.

Sec. 78-66. Weight limits.

Sec. 78-67. Truck routes established.

Sec. 78-68. Fire lane, fire hydrant and fire connection violations.

Sec. 78-69. One-way streets and alleys.

Sec. 78-70. Turning restrictions.

Sec. 78-71. Use of safety belts in motor vehicles.

Sec. 78-72. Unlicensed motorized vehicles prohibited.

Secs. 78-73 78-100. Reserved.

Article IV. Stopping, Standing and Parking

Sec. 78-101. Loading zone.

Sec. 78-102. Overnight parking prohibited.

Sec. 78-103. Parking in alleys.

Sec. 78-104. Cab stands; bus stands.

Sec. 78-105. Parking restrictions.

Sec. 78-106. Presumption of responsibility.

Sec. 78-107. Parking violations.

Secs. 78-108 78-130. Reserved.

Article V. Snowmobiles

Sec. 78-131. Definitions.

Sec. 78-132. Regulations.

Sec. 78-133. Exceptions.

Sec. 78-134. Equipment.

Secs. 78-135 78-149. Reserved.

Article VI. Automated Traffic Law Enforcement System

Sec. 78-150. Purpose.

Sec. 78-151. Definitions.

Sec. 78-152. System locations.

Sec. 78-153. Duties of traffic administrator.

Sec. 78-154. Issuance and service of violation notice and notice of determination of liability.

Sec. 78-155. Review of recorded images prior to issuance of violation notice.

Sec. 78-156. Recorded images confidential.

Sec. 78-157. Violation notice prima facie evidence.

Sec. 78-158. Administrative hearing of violation notice; administrative review.

Sec. 78-159. Administrative hearings.

Sec. 78-160. Contest violation notice by certified mail.

Sec. 78-161. Defenses.

Sec. 78-162. Issuance and service of finding of liability notice.

Sec. 78-163. Issuance and service of final determination of liability notice.

Sec. 78-164. Manner and grounds for contesting final determination of liability.

Sec. 78-165. Issuance and service of suspension notice.

Sec. 78-166. Contesting suspension resulting from automated traffic law violations.

Sec. 78-167. Penalty.

ARTICLE I.
IN GENERAL

Sec. 78-1. State traffic laws adopted.

(a) The Illinois Vehicle Code, 625 ILCS 5/1-100 et seq., is hereby adopted and made a part of this chapter by reference and shall be applicable in the village.

(b) Any person who violates any provision of the Illinois Vehicle Code within the village shall be subject to the penalties provided by this chapter and this Code.

(Code 1977, 41.01)

Sec. 78-2. Posting signs.

The chief of police or any other person designated by the board of trustees shall post or cause to be posted suitable signs for all through streets, one-way streets or alleys, stop intersections, and parking regulations.

(Code 1977, 41.02)

Sec. 78-3. Vehicles for sale.

It shall be unlawful to park any vehicle upon any street for the purpose of displaying it for sale, or to park any vehicle upon any business street from which vehicle, merchandise is peddled.

(Code 1977, 41.10)

Secs. 78-4 78-30. Reserved.

ARTICLE II.
ADMINISTRATION AND ENFORCEMENT*

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Cross references: Administration, ch. 2.

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DIVISION 1.
GENERALLY

Sec. 78-31. General penalties.

Any person violating any provisions of this chapter shall be fined not less than $10.00 nor more than as provided in section 1-11.

(Code 1977, 41.23(a))

Sec. 78-32. Arrests.

Any person arrested for a violation of any provision of this chapter shall be released upon proper bail being furnished as required by state statute. The police officer in command at the station may, in the absence of a judge, prescribe the amount of bail or bond in each instance. Provided that any arrested person may at his own request, have the amount of such bond set by a judge as provided by statute.

(Code 1977, 41.23(b))

Sec. 78-33. Tickets.

For offenses other than driving while intoxicated or reckless driving, police officers, after making note of the license number of the vehicle (and the name of the offender where possible) may issue a traffic violation ticket in accordance with the provisions of 625 ILCS 5/6-106 notifying the offender to appear in court at the time designated for hearing such cases. Such officer may sign a complaint for the issuance of a warrant if the offender does not appear at the time and place so specified.

(Code 1977, 41.23(c))

Sec. 78-34. Prima facie proof.

The fact that an automobile which is illegally parked is registered in the name of a person shall be considered prima facie proof that such person was in control of the automobile at the time of such parking.

(Code 1977, 41.23(d))

Secs. 78-35 78-39. Reserved.

DIVISION 2.
VEHICLE SEIZURE AND IMPOUNDMENT

Sec. 78-40. Definitions.

For purposes of this section, the following terms shall have the meanings stated in this section:

(a) Business day means any day in which the office of the village clerk of the Village of Gurnee is open to the public for a minimum of seven hours.

(b) Motor vehicle means every vehicle which is self-propelled, including but not limited to automobiles, trucks, vans, motorcycles and motor scooters.

(c) Owner of record means the recorded title holder(s) of the vehicle.

(Ord. No. 2007-21, I, 3-19-2007)

Sec. 78-41. Use of motor vehicles for unlawful purposes.

(a) Conduct prohibited. A motor vehicle that is used in connection with any of the following violations may be subject to seizure and impoundment by the village, and the owner of record of said vehicle shall be liable to the village for an administrative fee as prescribed herein, plus any applicable towing and storage fees prior to the vehicle being released to the owner:

(1) Driving under the influence, as provided in section 78-1 of this Code or section 11-501(a) of the Illinois Vehicle Code (625 ILCS 5/11-501(a)). The administrative fee for said violations shall be in the amount of $750.00, in addition to any applicable towing and storage fees.

(2) Driving with a suspended or revoked license, as provided in section 6-303 of the Illinois Vehicle Code (625 ILCS 5/6-303), as a result of a conviction pursuant to section 11-501(a) of the Illinois Vehicle Code, section 78-1 of this Code, or similar provision of another municipal ordinance, or suspension under 625 ILCS 5/11-501(a). The administrative fee for said violations shall be in the amount of $750.00, in addition to any applicable towing and storage fees.

(3) Driving while license suspended or revoked, as provided in section 5/6-303 of the Illinois Vehicle Code (625 ILCS 5/6-303), as a result of having two or more drivers license suspensions or revocations in effect on their drivers license in this or any other state or province, except that vehicles shall not be subject to seizure or impoundment if the suspension is for an unpaid citation (parking or moving) or due to failure to comply with emission testing as set forth in 625 ILCS 5/11-208.7(6) et seq., as amended. The administrative fee for said violations shall be in the amount of $500.00, in addition to any applicable towing and storage fees.

(4) Driving while license suspended or revoked, as provided in section 5/6-303 of the Illinois Vehicle Code (625 ILCS 5/6-303), as a result of having three or more convictions for any moving offenses within the immediately preceding 12 months in this or any other state or province, except that vehicles shall not be subject to seizure or impoundment if the suspension is for an unpaid citation (parking or moving) or due to failure to comply with emission testing as set forth in 625 ILCS 5/11-208.7(6) et seq., as amended. The administrative fee for said violations shall be in the amount of $500.00, in addition to any applicable towing and storage fees.

(b) It shall not be necessary for criminal charges to be filed, prosecuted, and/or proven in order to demonstrate that one or more of the violations has/have been committed.

(Ord. No. 2007-21, I, 3-19-2007; Ord. No. 2012-50, II, 5-21-2012)

Sec. 78-42. Seizure and impoundment.

(a) Whenever a police officer has reason to believe that a vehicle is subject to seizure and impoundment pursuant to this section, the police officer may provide for the towing of the vehicle to a facility approved by the chief of police. This section shall not apply if the vehicle used in the violation was stolen at that time and the theft was reported to the appropriate police authorities within 24 hours after the theft was discovered or reasonably should have been discovered.

(b) The police officer shall notify any person identifying himself as the owner of the vehicle or any person who is found to be in control of the vehicle at the time of the alleged violation, if there is such a person, of the fact of the seizure and of the vehicle owner's right to request an administrative hearing to be conducted under this section.

(Ord. No. 2007-21, I, 3-19-2007)

Sec. 78-43. Administrative hearing.

(a) Within five business days after a vehicle is seized and impounded pursuant to this section, the village shall notify, personally or by certified mail, the owner of record of the owner's right to request a hearing to challenge whether a violation of this section has occurred. The owner of record seeking a hearing must file a written request for a hearing with the village administrator or designee no later than ten business days after notice was issued. The hearing date must be no more than ten business days after a request for a hearing has been filed and shall be conducted pursuant to the administrative hearing procedures set forth in chapter 2, section 2-300 et seq. of this Code.

(b) All interested persons shall be given a reasonable opportunity to be heard at the hearing. The formal rules of evidence shall not apply at the hearing and hearsay evidence shall be admissible. In a hearing on the propriety of impoundment of a vehicle any sworn or affirmed report, citation or ticket that (i) is prepared in the performance of a law enforcement officer's duties and (ii) sufficiently describes the circumstances leading to the impoundment, shall be admissible evidence of the vehicle owner's liability, unless rebutted by clear and convincing evidence to the contrary.

(c) If, after the hearing, the administrative hearing officer determines by a preponderance of evidence that the vehicle was used in violation of this section, the administrative hearing officer shall then enter an order finding the owner of record of the vehicle civilly liable to the village for the administrative penalty.

(d) If, after a hearing, the administrative hearing officer does not determine by a preponderance of the evidence that the vehicle was used in such a violation, the administrative hearing officer shall enter an order finding for the owner and for the return of the vehicle.

(e) If the owner of record requests a hearing but fails to appear at the hearing or fails to request a hearing in a timely manner, the owner of record shall be deemed to have waived his or her right to a hearing and the administrative hearing officer shall enter a default order in favor of the village in the amount of the administrative penalty.

(f) If the owner pays the administrative penalty and the vehicle is returned to the owner, no default order need be entered if the owner is informed of his or her right to a hearing and signs a written waiver, in which case an order of liability shall be deemed to have been made when the village receives the written waiver.

(Ord. No. 2007-21, I, 3-19-2007)

Sec. 78-44. Disposition of impounded vehicles.

An administrative penalty imposed pursuant to this section shall constitute a debt due and owed the village. A vehicle impounded pursuant to this section shall remain impounded until:

(1) The administrative penalty as set forth herein is paid to the village and all applicable towing and storage fees are paid to the towing agent, in which case the owner of record shall be given possession of the vehicle; or

(2) A bond in the amount of the administrative penalty is posted with the police department and all applicable towing and storage fees are paid to the towing agent, at which time the vehicle will be released to the owner of record; or

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

(Ord. No. 2007-21, I, 3-19-2007)

Sec. 78-45. Posting of bond.

(a) If a bond is posted with the police department, the impounded vehicle shall be released to the owner of record. The owner of the vehicle shall still be liable to the towing agent for any applicable towing and storage fees.

(b) If an administrative penalty is imposed for violation of this section, the bond will be forfeited to the village; however if a violation of this section is not proven by a preponderance of the evidence, the bond will be returned to the person posting the bond.

(c) All bond money posted pursuant to this section shall be held by the village until the administrative hearing officer issues a decision, a hearing has been waived, or, upon entry of a decision by the circuit court, if judicial review has been requested.

(d) The bond posted will be in the form of cash. Credit cards, personal checks, business checks or travelers checks will not be accepted.

(Ord. No. 2007-21, I, 3-19-2007)

Sec. 78-46. Vehicle possession.

Any motor vehicle that is not reclaimed within 30 days after the expiration of the time during which the owner of record may seek judicial review of the village's action under this section, or the time at which a final judgment is rendered in favor of the village, or the time a final administrative decision is rendered against an owner of record who is in default, may be disposed of as an unclaimed or abandoned vehicle as provided by law, provided, however, that where proceedings have been instituted under state or federal drug asset forfeiture laws, the subject vehicle may not be disposed of by the village except as consistent with those proceedings.

(Ord. No. 2007-21, I, 3-19-2007)

Secs. 78-47 78-60. Reserved.

ARTICLE III.
OPERATION OF VEHICLES

Sec. 78-61. Through streets and stop intersections.

The streets and intersections described in Schedule A of this section are hereby designated through streets and stop intersections and four-way stop intersections as described in such schedule. Where stop signs are erected in accordance with such schedule at the entrances to the through streets and stop intersections the operator of a vehicle approaching a stop sign shall stop as required by law.

SCHEDULE A STOP INTERSECTIONS
Right-of-Way Streets Stop Streets
Adderly Lane Newbury Court
Almaden Lane Inglenook Lane
Almaden Lane Korbel Drive
Almaden Lane Woodbury Circle
Almond Road Aberdare Lane
Almond Road Almaden Lane
Almond Road Bittersweet Drive
Almond Road Clem Drive
Almond Road Presidential Drive
Arlington Lane Buchanan Drive
Arlington Lane Clem Drive
Aster Drive Abbey Road
Aster Drive Penny Lane
Auburn Lane Pennsbury Lane
Barnwood Drive Packard Lane
Barnwood Drive Westfield Drive
Beechwood Avenue Oakview Lane
Beechwood Avenue Sprucewood Lane
Belle Plaine Avenue Cheyenne Road
Belle Plaine Avenue Clearview Avenue
Belle Plaine Avenue Crescent Avenue
Belle Plaine Avenue Grandmore Avenue
Belle Plaine Avenue Grandview Avenue
Belle Plaine Avenue Grove Avenue
Belle Plaine Avenue Johns Manville Avenue
Belle Plaine Avenue Keith Avenue
Belle Plaine Avenue Lee Avenue
Belle Plaine Avenue Pacific Avenue
Belle Plaine Avenue University Avenue
Bittersweet Drive Aster Drive
Blackstone Avenue Belle Plaine Avenue
Blackstone Avenue Delany Road
Blackstone Avenue Jennifer Court
Blackstone Avenue Pine Grove Avenue
Blackstone Avenue Suda Drive
Boulders Drive Ravine Drive
Brae Court St. Andrews Lane
Brentwood Lane Clarewood Lane
Brookhaven Road Buckingham Drive
Brookhaven Road Kensington Court
Buchanan Drive Hamilton Drive
Buchanan Drive Hillside Court
Buchanan Drive Millstone Lane
Buchanan Drive South Stratton Lane (west intersection)
Camden Drive Bentley Drive
Camden Drive Bradley Drive
Camden Drive Hamilton Drive
Camden Drive Morgan Court
Capital Lane Congress Court
Cascade Way Aster Drive
Cascade Way Cliffwood Lane
Cascade Way Kingsport Drive
Cascade Way Old Walnut Circle
Cascade Way Penny Lane
Cascade Way Sierra Place
Cascade Way Snow Cap Court
Cascade Way Strawberry Fields
Cascade Way Treetop Lane
Cedar Avenue Juniper Street
Cedar Avenue Spruce Street
Cemetery Road Honeysuckle Lane
Cemetery Road Morningside Court
Chancery Road Turnham Green Road
Chapel Hill Steeple Pointe Boulevard
Clem Drive Blanc Court
Clem Drive Easton Court
Clem Drive Woodbury Circle
Colby Road Chandler Road
Colby Road Dunham Road
Colby Road Mitchell Court
Conifer Lane Spruce Pointe Drive
Constitution Avenue Hancock Lane
Constitution Avenue Liberty Lane
Country Club Avenue Belle Plaine Avenue
Crescent Avenue Bay Place
Crescent Avenue Boulevard View Avenue
Cross Road Middle Road
Crossland Boulevard Adderly Lane
Crossland Boulevard Darnell Lane
Dada Drive Cheswick Drive
Dada Drive Hadley Circle
Dada Drive Knottingham Drive
Dada Drive Knowles Road
Dada Drive Laurel Lane
Dada Drive Oakmeadow Court
Dada Drive Ravinia Drive
Dada Drive Smithfield Court
Dada Drive Stonebrook Drive
Dada Drive Suffolk Court
Dada Drive Tyme Court
Dada Drive Village Lane
Dada Drive Vineyard Drive
Dada Drive Vista Drive
Dada Drive Windemere Circle
Deer Run Fox Lane
Deer Run Shagbark Court
Delany Road Barberry Lane
Delany Road Bennett Avenue
Delany Road Charles Avenue
Delany Road Grandview Avenue
Delany Road Grandville Avenue
Delany Road Jeffery Avenue
Delany Road Kenwood Avenue
Delany Road Lake Park Avenue
Delany Road Morrison Drive
Delany Road North Brown Circle
Delany Road South Brown Circle
Delany Road Stoney Island Avenue
Delany Road Woodcrest Court
Delaware Avenue Madison Avenue
Depot Road Centennial Court
Dilleys Road Lawson Boulevard
Dilleys Road Nations Drive
Dilleys Road Steeple Pointe Boulevard
Dilleys Road Westminster Lane
Dilleys Road Woodhill Drive
Dorchester Avenue Gould Street
Drexel Avenue Ferndale Street
Eagle Ridge Drive Sandwedge Place (both intersections)
Eastwood Avenue Angelo Avenue
Ellis Avenue Ferndale Street
Elm Road Birch Drive
Estes Street Harper Avenue
Estes Street Kenwood Avenue
Estes Street University Avenue
Fair Links Way Brookstone Place
Ferndale Street Grandview Avenue
Ferndale Street Grandville Avenue
First Street Bennett Avenue
First Street Dorchester Avenue
First Street Ellis Avenue
First Street First Place
First Street Harper Avenue
First Street Jeffery Avenue
First Street Kenwood Avenue
First Street Lake Park Avenue
First Street Stoney Island Avenue
First Street Woodlawn Avenue
Florida Avenue Belle Plaine Avenue
Florida Avenue Magnolia Avenue
Foxworth Lane Lamb Lane
Foxworth Lane Portsmouth Circle
Foxworth Lane Sumner Circle
Foxworth Lane Surrey Court
Foxworth Lane Whittington Court
Fuller Road Boulders Drive
Fuller Road Glendale Drive
Fuller Road Prairie Oak Road
Fuller Road Red Pine Avenue
Fuller Road Sedona Court
Fuller Road Spruce Pointe Drive
Fuller Road Windwood Court
Gages Lake Road Colby Road
Gages Lake Road Hickory Haven Drive
Gages Lake Road Leonard Drive
Gages Lake Road Murifield Drive
Geneva Drive Crystal Place
Geneva Drive Milan Way
Geneva Drive Sierra Place (south intersection)
Glen Flora Avenue Bay Place
Glen Flora Avenue Pine Grove Avenue
Glendale Drive Rogers Road
Golfview Drive Fair Links Way
Golfview Drive Rolling Green Street
Grand Avenue Arlington Lane
Grandmore Avenue Pine Grove Avenue
Grandview Avenue Blackburn Street
Grandview Avenue Estes Street
Grandview Avenue Greenview Street
Grandville Avenue Blackburn Street
Grandville Avenue Estes Street
Grandville Avenue Greenleaf Street - South approach
Grandville Avenue Oakwood Street
Grandville Avenue Waveland Avenue
Greenhaven Lane Minthaven Court
Greenleaf Street Drexel Avenue
Greenleaf Street Ellis Avenue
Greenleaf Street Oglesby Avenue
Greenleaf Street Stoney Island Avenue
Greystone Drive Nursery Drive (east intersection)
Greystone Drive Panorama Lane
Grove Avenue Bay Place
Grove Avenue Lee Avenue
Hartford Drive Bennington Drive (north intersection)
Hartford Drive Revere Court
Hawthorne Avenue Dorchester Avenue
Hawthorne Avenue Harper Avenue
Hawthorne Avenue Kenwood Avenue
Highland Avenue Belle Plaine Avenue
Hillview Drive Cliffwood Lane
Hillview Drive Treetop Lane
Hunt Club Road Andover Drive
Hunt Club Road Cunningham Court
Hunt Club Road Foxworth Lane
Hunt Club Road Lockwood Lane
IL Route 132 Boulevard Street View Avenue
IL Route 132 Bridlewood Avenue
IL Route 132 Elsie Avenue
IL Route 132 Estes Street
IL Route 132 Ferndale Street
IL Route 132 Fuller Road
IL Route 132 Old Grand Avenue
IL Route 132 Greenleaf Street
IL Route 132 Greenview Street
IL Route 132 Juniper Street
IL Route 132 Kilbourne Road
IL Route 132 Lawrence Avenue
IL Route 132 Magnolia Avenue
IL Route 132 Milwaukee Avenue
IL Route 132 Pine Grove Avenue
IL Route 132 Rogers Road
IL Route 132 Spruce Street
IL Route 132 Vineyard Drive
IL Route 132 Waveland Avenue
IL Route 21 Adele Drive
IL Route 21 Boulders Drive
IL Route 21 Des Plaines Court
IL Route 21 Glendale Drive
IL Route 21 Heather Ridge Drive
IL Route 21 Manchester Drive
IL Route 21 Milwaukee Avenue
IL Route 21 Prairie Oak Road
IL Route 21 Queen Anne Lane
IL Route 21 Ridge Drive
IL Route 21 Rolling Woods
IL Route 21 South Road
IL Route 21 Spinney Run Drive
IL Route 21 Woodlake Boulevard
Inglenook Lane Dolcetto Lane
Inverness Drive Murifield Drive
Kilbourne Road Emerald Avenue
Kilbourne Road Old Grand Avenue
King's Way North Concord Square
King's Way North Covenant Court
King's Way North Mayflower Court
King's Way North Pilgrim's Path
King's Way North Long Hill Road
King's Way West Providence Road
Knobb Hill Lane Sleepy Hollow Lane
Knottingham Drive Bentley Drive
Knottingham Drive Bradley Drive
Knottingham Drive Camden Drive
Knowles Road Clavey Lane
Knowles Road Nursery Drive
Knowles Road Scarborough Drive
Korbel Drive Clem Drive
Korbel Drive Dolcetto Lane
Korbel Drive Inglenook Lane
Korbel Drive Napa Drive
Lauren Court St. Andrews Lane
Lawrence Avenue University Avenue
Lawson Boulevard Acacia Court
Lawson Boulevard Adams Court
Lawson Boulevard Alder Court
Lawson Boulevard Barnwood Drive
Lawson Boulevard Beechwood Avenue North Approach
Lawson Boulevard Butternut Court
Lawson Boulevard Constitution Avenue
Lawson Boulevard Coventry Lane
Lawson Boulevard Delaware Avenue
Lawson Boulevard Franklin Court
Lawson Boulevard Gatewood Drive
Lawson Boulevard Hancock Lane
Lawson Boulevard Hollyhock Court
Lawson Boulevard Ironwood Court
Lawson Boulevard Lezlie Lane
Lawson Boulevard Liberty Lane
Lawson Boulevard Madison Avenue
Lawson Boulevard Maplewood Drive
Lawson Boulevard Oakview Lane
Lawson Boulevard Pembrook Court
Lawson Drive Pinewood Road
Lawson Boulevard Portage Lane
Lawson Boulevard Quincy Court
Lawson Boulevard Rockpointe Court
Lawson Boulevard Rosemary Lane
Lawson Boulevard Sunrise Lane
Lawson Boulevard Windwood Court
Lawson Boulevard Winona Lane
Leonard Drive Compton Court
Leonard Drive Darnell Lane
Leonard Drive Dunhill Court
Leonard Drive Eagle Ridge Drive
Leonard Drive Formoor Lane
Leonard Drive Gloster Court
Leonard Drive Golfview Drive
Leonard Drive Pebble Creek Court
Longmeadow Drive Angelo Avenue
Longmeadow Drive Williamsburg Avenue
Madison Avenue Constitution Avenue
Magnolia Avenue Atlantic Avenue
Magnolia Avenue Cheyenne Road
Magnolia Avenue Clearview Avenue
Magnolia Avenue Grandmore Avenue
Magnolia Avenue Grandview Avenue
Magnolia Avenue Grove Avenue
Magnolia Avenue Highland Avenue
Magnolia Avenue Johns Manville Avenue
Magnolia Avenue Keith Avenue
Magnolia Avenue Lee Avenue
Magnolia Avenue Pacific Avenue - Two-way
Magnolia Avenue Sherman Avenue
Manchester Drive Beth Court
Manchester Drive Dunham Road
Manchester Drive Edington Lane
Maplewood Drive Ashwood Lane
McClure Avenue Gillings Drive
Mendocino Drive Garnacha Drive
Millstone Lane Greenfield Court
Millstone Lane Preston Court
Murifield Drive Doral Drive
New Haven Avenue Waterbury Avenue
Northridge Drive Plaza Drive
Northwestern Avenue Clearview Court
Northwestern Avenue Country Club Avenue
Northwestern Avenue Florida Avenue
Northwestern Avenue Johns Manville Avenue
Northwestern Avenue Keith Avenue
Northwestern Avenue Pacific Avenue
Northwestern Avenue Swanson Court
Notting Hill Road Chancery Road
Notting Hill Road Chapel Hill
Notting Hill Road Turnham Green Road
Notting Hill Road Westminster Lane
Nursery Drive Greystone Drive (west intersection)
Nursery Drive Sutton Place
O'Plaine Road Blackstone Avenue
O'Plaine Road Cornell Avenue
O'Plaine Road Country Trail
O'Plaine Road Elm Road
O'Plaine Road Hayner Avenue
O'Plaine Road King's Way North
O'Plaine Road McClure Avenue
O'Plaine Road North Avenue
O'Plaine Road Providence Road
O'Plaine Road Russell Avenue
Oakmont Lane Inverness Drive
Oakmont Lane Southridge Drive
Oakview Lane Parkside Court
Old Farm Lane Foxboro Lane
Old Grand Avenue Delany Road
Old Grand Avenue Depot Road
Old Grand Avenue First Street
Old Grand Avenue Greenleaf Street
Old Grand Avenue Old Grand Avenue (leg to Emerald Avenue)
Old Walnut Circle Brentwood Lane
Old Walnut Circle Clarewood Lane
Old Walnut Circle Prescott Lane
Pacific Avenue Bay Place
Pennsbury Lane Arlington Lane
Pennsbury Lane Millstone Lane
Pine Grove Avenue Grandview Avenue
Pinetree Drive Norfolk Court
Pinewood Road Acorn Court
Pinewood Road Cedarwood Court
Pinewood Road Fernwood Court
Pinewood Road Hazelwood Court
Pinewood Road Monterey Court
Pinewood Road Pinetree Drive
Pinewood Road Sherwood Court
Pinewood Road Yew Court
Plainview Road Knobb Hill Lane
Portsmouth Circle Castlewood Court
Prairie Oak Road Carriage Drive
Prairie Oak Road Deer Run
Prairie Oak Road Oak Lane
Presidential Drive Capital Lane
Providence Road Calvin Court
Providence Road Cole Court
Providence Road Lexington Square East
Providence Road Lexington Square West
Providence Road Majestic Court
Providence Road Plymouth Court
Red Pine Avenue Alpine Court
Red Pine Avenue Ravine Drive
Revere Court Castlewood Court
Ravinia Drive Rippling Ridge Court
Ravinia Drive Vista Drive
Rogers Road Ridge Drive
Rolling Green Street Brookstone Place
Rollins Road Scarborough Drive
Scranton Drive Garnacha Drive
Scranton Drive Nursery Drive
Scranton Drive Scarborough Drive
Sierra Place Crystal Place
Sierra Place Geneva Drive (North intersection)
Sierra Place Hillview Drive
Sierra Place Milan Way
Sierra Place Ravinia Drive
South Fork Drive Barn Swallow Court
South Fork Drive Habitat Court
South Fork Drive Lone Tree Court
South Road Darlene Drive
South Road Rogers Road
Southridge Drive Cemetery Road
Southridge Drive Indian Trail Road
Southridge Drive Old Farm Lane
Southridge Drive Sleepy Hollow Lane
Southridge Drive Wildflower Lane
South Stratton Lane Auburn Lane
St. Andrews Lane Aberdare Lane
St. Paul Avenue Lee Avenue
Stearns School Road Conifer Lane
Stearns School Road Fuller Road
Stearns School Road Lawson Boulevard
Stearns School Road Notting Hill Road
Stearns School Road Westfield Drive
Stonebrook Drive Camden Drive
Strawberry Fields Abbey Road
Suffolk Court Foxworth Lane
Suffolk Court Hartford Drive
Sunnyside Avenue Crabtree Court
Sunnyside Avenue Tanglewood Drive
Tri-State Parkway Centerpoint Court
Tri-State Parkway Lakeside Drive
US Route 41 Ambrogio Drive
US Route 41 Blackburn Street
US Route 41 Blackstone Avenue
US Route 41 Depot Road
US Route 41 Estes Street
US Route 41 Ferndale Street
US Route 41 Kilbourne Road
US Route 41 St. Paul Avenue
Vineyard Drive Almaden Lane
Vineyard Drive Bittersweet Drive
Vineyard Drive Korbel Drive
Vista Drive Canyon Court
Vista Drive Panorama Lane
Wausau Lane Eau Claire Court
Washington Street Ambrogio Drive
Washington Street Buckingham Drive
Washington Street Churchill Lane
Washington Street Hillview Drive
Washington Street Kingsport Drive
Washington Street Old Walnut Circle
Washington Street Washington Street Frontage Road
Waterbury Avenue Chatham Avenue
Waterbury Avenue Longmeadow Drive
Waterbury Avenue Waterford Way
Waveland Avenue Grandmore Avenue
Westfield Drive Cherrywood Court
Westfield Drive Maplewood Drive
Wildflower Lane Big Terra Lane
Wildflower Lane Estate Circle
Wildflower Lane Hill-N-Dale Court
Wildflower Lane Plainview Road
Wildflower Lane Saratoga Court
Wildflower Lane South Fork Drive
Williamsburg Avenue Cornell Avenue
Woodbury Circle Almaden Lane (South intersection)
Woodbury Circle Lenox Court
Woodbury Circle Pennsbury Lane
Woodlawn Avenue Briar Avenue
Woodlawn Avenue Estes Street
Woodlawn Avenue Ferndale Street
Woodlawn Avenue Hawthorne Avenue
Woodlawn Avenue Lawrence Avenue
Woodlawn Avenue Magnolia Avenue
Woodlawn Avenue Pine Grove Avenue

THREE-WAY STOPS

Blackstone Avenue and Greenleaf Street

Cemetery Road and Tri-State Parkway

Colby Road and Manchester Drive

Grandville Avenue and Northwestern Avenue

Heather Ridge Drive at Leonard Drive and Manchester Drive

Lawson Boulevard and Pauly Drive

Long Hill Road and Middle Road

Mendocino Drive and Vineyard Drive

Pauly Drive at Pinewood Road

Red Pine Avenue and Lawson Boulevard

St. Paul Avenue at Grove Avenue

Woodhill Drive and Dilley's Road

FOUR-WAY STOPS

Adele Drive and Deer Run

Almond Road and Dada Drive

Atlantic Avenue and Belle Plaine Avenue

Belle Plaine Avenue and Woodlawn Avenue

Belle Plaine Avenue and Florida Avenue

Delany Road and Harper Avenue

Delany Road and Oglesby Avenue

Drexel Avenue and Estes Street

First Street and Blackstone Avenue

Glen Flora Avenue and Belle Plaine Avenue

Glen Flora Avenue and Magnolia Avenue

Grandview Avenue and Waveland Avenue

Grandville Avenue and Magnolia Avenue

Halifax Road and Andover Road

King's Way North and Cross Road

King's Way West and Middle Road

Lawson Boulevard and Beechwood Avenue

Leonard Drive and Adderly Lane

Providence Road and Cross Road

Ravinia Drive and Cascade Way

(Code 1977, 41.03; Ord. No. 82-39, 8-16-1982; Ord. No. 82-54, 12-6-1982; Ord. No. 83-21, 6-20-1983; Ord. No. 84-34, 9-4-1984; Ord. No. 84-42, 11-26-1984; Ord. No. 85-36, 8-26-1985; Ord. No. 86-56, 7-31-1986; Ord. No. 86-72, 8-25-1986; Ord. No. 86-101, 11-24-1986; Ord. No. 87-126, 9-28-1987; Ord. No. 87-132, 10-19-1987; Ord. No. 88-16, 2-22-1988; Ord. No. 88-78, 9-12-1988; Ord. No. 88-94, 10-3-1988; Ord. No. 89-31, 3-6-1989; Ord. No. 89-94, 6-6-26-89; Ord. No. 89-120, 8-28-1989; Ord. No. 90-41; Ord. No. 90-48, 4-16-1990; Ord. No. 90-157, 11-19-1990; Ord. No. 90-170, 12-3-1990; Ord. No. 91-41, 5-6-1991; Ord. No. 91-131, 10-7-1991; Ord. No. 92-104, 8-3-1992; Ord. No. 92-105, 8-3-1992; Ord. No. 92-106, 8-3-1992; Ord. No. 92-161, 11-23-1992; Ord. No. 93-10, 1-25-1993; Ord. No. 93-144, 10-18-1993; Ord. No. 93-158, 12-6-1993; Ord. No. 94-42, 3-28-1994; Ord. No. 95-73, 1, 8-21-1995; Ord. No. 95-90, 1, 9-25-1995; Ord. No. 96-144, 1, 11-25-1996; Ord. No. 97-20, 1, 2-3-1997; Ord. No. 97-28, 1, 2, 3-17-1997; Ord. No. 97-39, 1, 3-24-1997; Ord. No. 97-123, 1, 10-27-1997; Ord. No. 98-92, 1, 2, 8-3-1998; Ord. No. 98-151, 1, 12-21-1998; Ord. No. 99-81, 1, 7-12-1999; Ord. No. 2000-59, 1(41.03), 5-1-00; ; Ord. No. 2000-124, 1(41.03), 10-16-00; Ord. No. 2001-13, 1(41.03), 2-19-01; Ord. No. 2001-37, 1(41.03), 5-7-01; 2001-58, 1(41.03), 7-16-01; Ord. No. 2001-77, 1(41.03), 9-17-01; Ord. No. 2002-12, 1, 2-4-2002; Ord. No. 2002-16, 1, 2-18-2002; Ord. No. 2002-102, 2, 11-4-2002; Ord. No. 2004-20, I, 4-12-2004; Ord. No. 2004-43, I, 6-7-2004; Ord. No. 2004-69, I, 10-4-2004; Ord. No. 2005-6, I, 2-7-2005; Ord. No. 2005-81, I, 9-12-2005; Ord. No. 2005-91, I, 10-10-2005; Ord. No. 2006-39, I, 5-15-2006; Ord. No. 2011-89, 2, 12-19-2011; Ord. No. 2012-40, I, 5-7-2012)

Cross references: Streets, sidewalks and other public places, ch. 66.

Sec. 78-62. Yield intersections.

(a) The intersections described in Schedule B of this section are hereby designated as yield intersections as described in such schedule. Where yield signs are erected in accordance with such schedule at the entrances to the yield intersections the operator of a vehicle approaching a yield sign shall reduce speed and yield the right of way as required by law.

(b) In accordance with this section the following are designated yield intersections:

SCHEDULE B YIELD INTERSECTIONS
Right-of-Way Street Yield Street
Boulevard View Grandmore Avenue
Boulevard View Meadowcrest Circle
Bradley Drive Kingsbury Court
Crystal Place Mountain Ash Court
Dorchester Avenue Gould Street
Emerald Avenue Old Grand Avenue (eastbound)
Estes Street Dorchester Avenue
Gould Street Kenwood Avenue
Greenleaf Street Grandview Avenue
Indian Trail Road Quailhaven Court
Lee Avenue Bay Place
Old Farm Lane White Barn Lane
Old Grand Avenue IL Route 132 exit to Old Grand Ave
Pinetree Drive Ebony Court
Pinetree Drive Joshua Court
Pinetree Drive Sequoia Court
Pinetree Drive Virginia Court
Presidential Drive Patriot Court
Sherman Avenue Bay Place
Washington Street Frontage Road (southbound) Washington Street Frontage Road (east and westbound)

(Code 1977, 41.04, Sched. B; Ord. No. 2012-41, I, 5-7-2012)

Sec. 78-63. Speed limits.

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

(b) No person may drive a vehicle at a speed greater than 25 miles per hour on any street or road under the local jurisdiction of the village, except as provided on the attached schedule 1.

Schedule 1 Speed Limits
Street MPH
Cemetery Rd 30 From Tri-State Parkway to Washington Street
Almond Road 35 From Route 132 to Washington Street
Kilbourne Road 30
St. Paul Avenue 30
Grove Avenue 30 From Estes Street to St. Paul Avenue
Depot Road 30
Northwestern Avenue 30
Delany Road 30 From Route 41 to Old Grand Avenue
Tri-State Parkway 30
Lakeside Drive 30
Fuller Road 30 From Route 132 to Stearns School Road
Woodlake Boulevard 25

(2000-126, 1(41.05), 10-16-2000; Ord. No. 2001-34, 1(41.05), 4-16-2001)

Editor's note: Ord. No. 2001-34, 1(41.05), adopted April 16, 2001 repealed former 78-63, in its entirety and enacted new provisions to read as herein set out. Prior to amendment, 78-63, pertained to similar subject matter and derived from Ord. No. 97-142, 1, adopted Dec. 15, 1997; Ord. No. 96-117, 1, adopted Oct. 7, 1996; Ord. No. 96-94, 1, adopted Aug. 26, 1996; and the 1977 Code, 41.05.

Sec. 78-64. Reckless, careless or negligent driving.

It shall be unlawful to operate any vehicle in the village in a reckless or wanton manner in violation of 625 ILCS 5/11-503, or in a careless manner, or in a negligent manner, so as to endanger or likely to endanger any person or property.

(Code 1977, 41.06)

Sec. 78-65. Riding on fenders, running boards or outside steps.

It shall be unlawful for any person to ride upon the fenders, running board or outside step of any vehicle.

(Code 1977, 41.18)

Sec. 78-66. Weight limits.

(a) Generally. It shall be unlawful to drive on any village street any motor vehicle, unladen, or with load, when the gross weight on the road's surface through any axle thereof exceed six tons.

(b) Limited load streets. Whenever the weight of vehicles permitted on a street is limited by ordinance and signs indicating such limitations are posted, it shall be unlawful to operate a vehicle in excess of such weight on such street, except for the purpose of making delivery or picking up a load, in which case such vehicle may be driven on such street for not more than the minimum distance necessary for the purpose.

(Code 1977, 41.19)

Sec. 78-67. Truck routes established.

(a) It shall be unlawful to drive any truck, except for the purpose of making a delivery and then for one block only on any street in the village except upon those streets designated in this section. All trucks passing in and through the village shall be limited to the use of:
Truck Routes From To
US HIGHWAYS
US Route 41 Southern Village Limits Northern Village Limits
US Route 45 Southern Village Limits Northern Village Limits
STATE HIGHWAYS
IL Route 21 Southern Village Limits Northern Village Limits
IL Route 120 Western Village Limits Eastern Village Limits
IL Route 132 Western Village Limits Eastern Village Limits
COUNTY HIGHWAYS
Delany Road US Route 41 Northern Village Limits
Dilley's Road IL Route 132 Northern Village Limits
Gages Lake Road Western Village Limits IL Route 21
Greenleaf Street Southerly Village Limits Washington Street
Hunt Club Road IL Route 120 Northern Village Limits
Hutchins Road IL Route 132 Northern Village Limits
O'Plaine Road Southerly Village Limits Old Grand Avenue
Rollins Road Western Village Limits IL Route 132
Stearns School Road Western Village Limits Eastern Village Limits
Sunset Avenue Delany Road Eastern Village Limits
Washington Street Western Village Limits Eastern Village Limits
VILLAGE STREETS
Ambrogio Drive Entire Length
Clearview Court Entire Length
Cornell Avenue Western end of road O'Plaine Road
Estes Street US Route 41 Grove Avenue
Grandville Avenue US Route 41 Northwestern Avenue
Grove Avenue St. Paul Avenue Estes Street
Lakeside Drive Entire Length
Lee Avenue Grove Avenue St. Paul Avenue
Morrison Drive Entire Length
Nations Drive Entire Length
Northwestern Avenue Sunset Avenue Grandville Avenue
Porett Drive Entire Length
Ryan Road Delany Road Eastern Limits
St. Paul Avenue US Route 41 Delany Road
Swanson Court Entire Length
Tri-State Parkway IL Route 132 Washington Street

(b) Signs shall be posted in accordance with this section.

(Code 1977, 41.20; Ord. No. 2002-86, 1, 9-23-2002; Ord. No. 2005-16, I, 3-21-2005)

Sec. 78-68. Fire lane, fire hydrant and fire connection violations.

(a) Designation of fire lanes. Fire department officials may require and designate public or private fire lanes as deemed necessary for the efficient and effective use of fire apparatus.

(b) Purpose. Designated fire lanes shall be identified by the posting of signs that identify a particular path of egress alongside of or to a public and/or private building, on public or private property, that shall be maintained free of obstructions and vehicles and so marked as prescribed by the village fire department.

(c) Definitions. The following words, terms and phrases when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Fire department connection means a connection on a building for fire department use in supplementing or supplying water for standpipes and sprinkler systems.

Fire hydrant means any water pressurized system, device or connection used for the attachment of fire hose, such hydrant being placed in the ground and connected to the city water system, and such hydrant being located on either public or private property.

Fire lane means the path of egress whether on public roads and highways, or on private property, that is a continuous path of travel from any one point at a building or structure, to any other point along that structure, so posted and marked as a fire lane.

(d) Blocking access to fire hydrant. It shall be unlawful to park any vehicle on any egress area, whether on public or private property, in the village so as to block access to any functioning fire hydrant.

(e) Blocking fire lane. It shall be unlawful to park any vehicle contrary to posted signs, blocking a fire lane on public or private property in the village.

(f) Blocking access to fire department connection. It shall be unlawful to park any vehicle on any egress area, whether on public or private property in the village, so as to block access to any functioning fire department connection attached to or adjacent to any structure.

(g) Fire lanes designated. The following are areas designated and marked as fire lanes:

(1) Entrance Drive, 930 Taylor Drive.

(2) Entrance Drive, 917 Vose Drive.

(3) Entrance Drive, 920 Vose Drive.

(4) Entrance Drive, 690 Chandler Road.

(5) Entrance Drive, 650 Whitney Court.

(6) Drury Court and Avery Court, except designated parking areas.

(7) Abbington Court, except designated parking areas.

(8) Farwell Court, except designated parking areas.

(9) Chase Court, except designated parking areas.

(10) Clark Drive between Taylor Drive and Leonard Drive, except designated parking areas.

(11) Heather Ridge main recreation center, 5900 Manchester Drive, north and south side of the circular drive.

(12) Shepard Court, except designated parking areas.

(13) Colby Court, except designated parking areas.

(14) Beth Court, except designated parking areas.

(15) Mitchell Court, except designated parking areas.

(16) Whitney Court, from Dunham Road to southwest parking lot.

(17) Dunham Road, west of Colby Road.

(18) Chip Court except designated parking in cul-de-sac.

(19) Woodview Apartments, 1820 and 1840 Delany Road, circular drives at main entrances.

(20) Wedgewood Creek Apartments, 1600, 1700 and 1800 Wedgewood Drive, circular drives at main entrances.

(21) 750 IL Route 21, service drive of the building.

(22) Grand Mills Shopping Center, 4949 Grand Avenue, service drive of the building.

(23) Gowe Park, 4621 McClure Avenue, service drive of the building.

(24) Viking Park, 4374 Old Grand Avenue, service drive of the building.

(25) Walmart, 6590 Route 132, within 18 feet of the west, east and south side of the building, except designated loading docks.

(26) Sam's Club, 6570 IL Route 132, within 18 feet of the west, east and south side of the building, except designated loading docks.

(27) Gurnee Mills, 6170 Route 132, entire interior road around the building.

(28) Hampton Inn, 5550 Route 132, within 18 feet of the north side of the building.

(29) Pembrook Corners, 5350 Route 132, within 18 feet of the north side of the building.

(30) Riverside Plaza, , 401 Route 21, within 18 feet of all sides of the building.

(31) Saratoga Square, 5101 Washington Street (2 buildings), within 18 feet of all sides of the building.

(32) Warren Township High School, 500 N. O'Plaine Road, within 18 feet of the curb bordering south, southeast sides, and east side of the building except loading and unloading of bus and automobile passengers permitted.

(33) 3701 Route 132, within 18 feet of the east and west side of the building.

(34) 2550 Grand Avenue, within 18 feet of the east side, from the northernmost public access to east loading dock, and south side of the building.

(35) Spaulding School, 3638 Florida Avenue, within 18 feet of the south and west sides of the building.

(36) Delany Square, 1810 Delany Road, within 18 feet of all sides of the building.

(37) Emergency Service Drive, from St. Paul to 1600 Wedgewood Drive

(38) Gurnee Grade School, 940 Kilbourne Road, within 18 feet, from the southernmost public access to the southwest corner of the gym.

(39) Chesapeake Court, except designated parking area.

(40) East Wellsley Court, except designated parking area.

(41) West Wellsley Court, except designated parking area.

(42) Hampton Court, except designated parking area.

(43) Nantucket Court, except designated parking area.

(44) Roanoake Court, except designated parking area.

(45) Buchanan Drive, from the west property line of 7255 IL Route 132 to Arlington Road.

(46) Woodland Middle School, 7000 Washington Street, within 18 feet of all sides of the building, except designated parking areas.

(47) Kaiser's Pizza, 1801 Route 21, within 18 feet of the north, south, and east side of the building.

(48) Gurnee Towne Center, 7105 IL Route 132, within 18 feet of the west, east and south side of the building.

(49) Sunrise Lane, excepted designated parking area.

(50) Carol Lane, excepted designated parking area.

(51) University Avenue, between 3495 and 3555 IL Route 132, except designated parking area.

(52) 6641 IL Route 132, within 18 feet of the east side of the building.

(53) 6409 and 6411 IL Route 132, within 18 feet of the west side of the building.

(54) Arbor Court, except designated parking areas.

(55) Buckeridge Court, except designated parking areas.

(56) Canterbury Court, except designated parking areas.

(57) Independence Court, except designated parking areas.

(58) Newport Court, except designated parking areas.

(59) Oxford Circle, except designated parking areas.

(60) Princeton Court, except designated parking areas.

(61) Salem court, except designated parking areas.

(62) Somerset Court, except designated parking areas.

(63) Windsor Court, except designated parking areas.

(64) Berkshire Court, except designated parking areas.

(65) Brighton Court, except designated parking areas.

(66) Bristol Court, except designated parking areas.

(67) Cumberland Court, except designated parking areas.

(68) Heritage Court, except designated parking areas.

(69) Kensington Court, except designated parking areas.

(70) Knoxbury Court, except designated parking areas.

(71) Lancaster Circle, except designated parking areas.

(72) Sheffield Court, except designated parking areas.

(73) Victoria Court, except designated parking areas.

(74) Wellington Circle, except designated parking areas.

(75) Wiltshire Court, except designated parking areas.

(76) Yorkshire Court, except designated parking areas.

(Code 1977, 41.25; Ord. No. 99-53, 1, 4-19-1999; Ord. No. 99-79, 1, 4-19-1999; Ord. No. 2000-105, 1(41.25), 8-21-2000; Ord. No. 2003-08, 1, 2-17-2003; Ord. No. 2003-72, I, II, 10-13-2003; Ord. No. 2005-27, I, 5-2-2005; Ord. No. 2006-18, I, 3-6-2006; Ord. No. 2006-42, I, 6-5-2006; Ord. No. 2009-62, I, 9-14-2009; Ord. No. 2011-79, I, 12-5-2011)

Cross references: Fire prevention and protection, ch. 34.

Sec. 78-69. One-way streets and alleys.

(a) The streets and alleys described in subsection (b) are hereby designated one-way streets and alleys, When signs indicating the direction of traffic are erected at each intersection where movement in the opposite direction is prohibited, vehicular traffic shall move only in the indicated direction.

(b) The following streets or portion thereof are designated one-way streets:

Anderson Lane, between Illinois Route 132 and Grand Avenue, northbound.

Cedar Avenue between Great America Parkway and Elsie Avenue, westbound.

Dilley's Road, between Northridge Drive and Woodhill Drive, northbound.

Grandville Avenue westbound from Northwestern Avenue to a point 268 feet west of the centerline of Waveland Avenue.

Plaza Drive, between Dilley's Road and Northridge Drive.

(Code 1977, 41.26; Ord. No. 94-41, 1, 3-28-1994)

Cross references: Streets, sidewalks and other public places, ch. 66.

Sec. 78-70. Turning restrictions.

(a) It shall be unlawful to operate a vehicle so as to turn right at the intersection of Belle Plaine Street and Grandmore Avenue when proceeding southbound on Belle Plaine Street, with the exception of school buses.

(b) It shall be unlawful to operate a vehicle so as to turn left from southbound Northwestern Avenue onto eastbound Country Club Avenue between the hours of 3:30 p.m. and 5:30 p.m., Monday through Friday.

(c) It shall be unlawful to operate a vehicle so as to turn left from southbound Northwestern Avenue onto eastbound Florida Avenue between the hours of 3:30 p.m. and 5:30 p.m., Monday through Friday.

(d) It shall be unlawful to operate a vehicle so as to turn left from eastbound Andover Drive onto northbound Halifax Road.

(Code 1977, 41.40; Ord. No. 94-64, 1, 6-6-1994; Ord. No. 2006-11, I, 2-6-2006; Ord. No. 2006-12, I, 2-6-2006; Ord. No. 2009-35, I, 5-4-2009; Ord. No. 2010-79, I, 9-13-2010)

Sec. 78-71. Use of safety belts in motor vehicles.

(a) Each driver and front seat passenger of a motor vehicle operated on a roadway in the village shall wear a properly adjusted and fastened seat belt, except that a child under the age of six years shall be protected as required pursuant to the Child Passenger Protection Act (625 ILCS 25/1 et seq.). Each driver of a motor vehicle transporting a child between the ages of six years and 16 years of age in the front seat of a motor vehicle shall secure the child in a properly adjusted and fastened safety belt.

(b) The provisions of this section shall not apply to any of the following:

(1) A driver or passenger frequently stopping and leaving the vehicle for roadway maintenance or roadway construction, if the speed of the vehicle between stops does not exceed 15 miles per hour.

(2) A driver or passenger possessing a written statement from a physician that such a person is unable, for medical or physical reasons, to wear a safety belt.

(3) A driver or passenger possessing an official certificate or license endorsement issued by the appropriate agency in another state or county indicating that the driver or passenger is unable for medical, physical or other valid reasons to wear a safety belt.

(4) A driver operating a motor vehicle in reverse.

(5) A motor vehicle with a model year prior to 1965.

(6) A motorcycle.

(7) A motor vehicle which is not required to be equipped with safety belts under federal law.

(c) Violation of any provision of this section is hereby declared to be a petty offense, and any operator or passenger of a passenger motor vehicle convicted of a violation under this section shall be fined up to $75.00.

(d) Failure to wear a safety belt in violation of this section shall not be considered evidence of negligence, shall not limit the liability of an insurer, and shall not diminish any recovery for damages arising out of the ownership, maintenance or operation of a motor vehicle.

(e) Any village police officer may stop any motor vehicle, or driver or passenger of such vehicle solely on the basis of a violation or suspected violation of this section while such a vehicle is being operated on any roadway within the village.

(Ord. No. 98-110, 1(41.41), 9-21-1998)

Sec. 78-72. Unlicensed motorized vehicles prohibited.

(a) It shall be unlawful for any person to operate an unlicensed motorized vehicle upon any public alley, highway, street, bicycle path, pedestrian path, sidewalk, park, school or other public property.

(b) For purposes of this section, "unlicensed motorized vehicle" shall be defined as a mechanical device designed to transport human beings which is powered by a combustion engine or electric power, and is not registered with the State of Illinois, and for which a valid license plate is not displayed as required by the Illinois Vehicle Code, 625 ILCS 5/3-400 et seq. The definition of "unlicensed motorized vehicles" shall not include any electric wheelchairs occupied by a handicapped person or any other mechanical device used and occupied by a handicapped person, vehicles which are used in community parades or bona fide public activities sponsored or authorized by any federal, state, or local government agency, vehicles which are used in the operation or in the course of the business or activities of an amusement park or golf course, or any motor driven vehicle which is legally licensed and registered with the State of Illinois.

(Ord. No. 2002-98, 1, 10-7-2002)

Secs. 78-73 78-100. Reserved.

ARTICLE IV.
STOPPING, STANDING AND PARKING

Sec. 78-101. Loading zone.

It shall be unlawful for the driver of a vehicle to stand a passenger vehicle for a period of time longer than is necessary for the loading or unloading of passengers, not to exceed three minutes, or for the driver to stand any freight carrying vehicles for a period of time longer than is necessary to load, unload and deliver materials, not to exceed 30 minutes, in any place designated by the board of trustees as a loading zone and marked as such, or in any of the following designated places:

(1) At any place not to exceed 75 feet along the curb before the entrance to any hospital or hotel at any time.

(2) At any place not to exceed 75 feet along the curb before the entrance to a public building between 8:00 a.m. and 6:00 p.m. except on Sunday.

(3) Directly in front of the entrance to any theater at any time that the theater is open for business.

(Code 1977, 41.11)

Sec. 78-102. Overnight parking prohibited.

It shall be unlawful for the driver or owner of any vehicle to park any vehicle or to permit any vehicle to be parked on any street in the village between the hours of 2:00 a.m. and 6:00 a.m. of any day, except that emergency vehicles and physicians on emergency calls are hereby exempt from these provisions.

(Ord. No. 2007-12, I, 2-12-2007)

Editor's note: Ord. No. 2007-12, adopted Feb. 12, 2007, amended 78-102 in its entirety to read as herein set out. Former 78-102 pertained to all night parking and derived from section 41.12 of the 1977 Code.

Sec. 78-103. Parking in alleys.

No person shall park a vehicle within an alley in such a manner or under such conditions as to leave available less than ten feet of the width of the roadway for the free movement of vehicular traffic, and no person shall stop, stand, or park a vehicle within an alley in such a position as to block the driveway entrance to any abutting property.

(Code 1977, 41.13)

Sec. 78-104. Cab stands; bus stands.

No vehicle other than a licensed taxicab shall be parked in any area designated by the chief of police as a cab stand; and no vehicle other than a bus shall be parked in a place so designated as a bus loading zone.

(Code 1977, 41.14)

Sec. 78-105. Parking restrictions.

(a) No parking, snow removal. It shall be unlawful to park any vehicle on any public street or alley in the village at any time within 12 hours after a snowfall of two inches or more has occurred, or until the snow has been removed. Whenever any police officer shall find an unattended vehicle violating the terms of this section, such officer may provide for the removal of such vehicle to the nearest garage or other place of safety. The following sign shall be erected in notifying the public of the provisions hereof:

NO PARKING ON ANY PUBLIC STREET WITHIN 12 HOURS AFTER A 2 INCH SNOWFALL, OR UNTIL SNOW IS REMOVED.

MOTOR VEHICLES IN VIOLATION WILL BE TOWED AWAY AT OWNER'S EXPENSE.

(b) No parking, street cleaning or oiling. It shall be unlawful to park any vehicle on any public street or portion thereof in the village at any time when such street is being cleaned or oiled. Signs indicating that a street or portion thereof is being cleaned or oiled shall be posted immediately before the cleaning or oiling of the street, and shall be removed after the cleaning or oiling of the street is finished or the oil has penetrated.

(c) Parking prohibited in specified places. No person shall park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device, in any of the following places:

(1) On a sidewalk;

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

(3) Within an intersection;

(4) Within 15 feet of a fire hydrant;

(5) On a crosswalk; and

(6) At any place where the standing of a vehicle will reduce the usable width of the roadway for moving traffic to less than 18 feet.

(d) Parking prohibited at all times on specified streets. When signs are erected giving notice thereof, no person shall park a vehicle at any time upon any of the streets or parts of streets described below:

(1) Almond Road, both sides, from Washington Street to Woodland Terrace.

(2) Arlington Lane, both sides, from Illinois Route 132 to Buchanan Drive.

(3) Auburn Lane, both sides, from South Stratton Lane to Pennsbury Lane.

(4) Belle Plaine Avenue, both sides, from University Avenue to Crescent Avenue.

(5) Blackstone Avenue, both sides, from O'Plaine Road to West Street.

(6) Blackstone Avenue, both sides, from First Street to Greenleaf Street.

(7) Brookhaven Road, both sides, from O'Plaine Road east to its eastern terminus.

(8) Brookside Drive, both sides, from Illinois Route 132 to a point 200 feet north of Salisbury Drive.

(9) Buchanan Drive, both sides, from South Stratton Lane to Hamilton Drive.

(10) Buckingham Drive, both sides.

(11) Cedar Avenue, both sides.

(12) Crescent Avenue, both sides, from Belle Plaine Avenue to Bay Place.

(13) Dada Drive, both sides, from Hunt Club Road to Illinois Route 45.

(14) Depot Road, both sides.

(15) Elm Road, south side, from O'Plaine Road to Birch Drive.

(16) Elsie Avenue, west side, from Cedar Avenue to its southern terminus.

(17) Emerald Avenue, both sides.

(18) Estes Street, both sides, from Grove Avenue to U.S. Route 41.

(19) Ferndale Street, both sides, from U.S. Route 41 south 100 feet.

(20) First Street, both sides, from Old Grand Avenue to Blackstone Street.

(21) Florida Avenue, south side, from Magnolia Avenue to Belle Plaine Avenue, Monday through Friday, Between 7:30 a.m. and 3:30 p.m.

(22) Fuller Road, east side, from South Road to 200 feet north of South Road.

(23) Gages Lake Road, both sides, from Colby Road to Illinois Route 21.

(24) Gillings Drive, both sides, from Meadowlark Court to Hayner Avenue.

(25) Grandville Avenue, both sides, from U.S. Route 41 to Magnolia Avenue.

(26) Great America Parkway, both sides, from Illinois Route 132 to Cedar Avenue.

(27) Greenhaven Lane, both sides, from Brookhaven Road to Minthaven Court.

(28) Greenleaf Street, both sides, from Washington Street to Blackstone Avenue.

(29) Grove Avenue, south side, from Lee Avenue east for a distance of 200 feet.

(30) Hamilton Drive, both sides, from South Stratton Lane to Camden Drive.

(31) Hawthorne Avenue, both sides, from Ellis Avenue to University Avenue.

(32) Hickory Haven Drive, both sides.

(33) Illinois Route 21, both sides.

(34) Illinois Route 132, both sides.

(35) Kensington Court, both sides.

(36) Kilbourne Road, east side, from Illinois Route 132 to U.S. Route 41.

(37) Kilbourne Road, west side, from Emerald Avenue to U.S. Route 41.

(38) King's Way North, both sides, from O'Plaine Road to Covenant Court.

(39) Lakeside Drive, both sides.

(40) Lawrence Avenue, both sides, from Illinois Route 132 south 350 feet.

(41) Lawson Boulevard, both sides, from Illinois Route 132 to Beechwood Avenue.

(42) Manchester Drive, north side, from Glen Way to Drury Court.

(43) Manchester Drive, north side, from Illinois Route 21 to Dunham Road.

(44) McClure Avenue, both sides, from O'Plaine Road west to the Des Plaines River.

(45) Milwaukee Avenue, both sides, from Illinois Route 132 to Illinois Route 21.

(46) Morrison Drive, south side.

(47) North Avenue, both sides.

(48) Northridge Drive from Dilleys Road to its southerly terminus.

(49) Northwestern Avenue, both sides, from Grandville Avenue to Sunset Avenue.

(50) Oglesby Avenue, both sides, east of Greenleaf Street.

(51) Oglesby Avenue, both sides, from Delany Road to Greenleaf Street.

(52) Old Grand Avenue, south side, from O'Plaine Road to the Canadian Pacific Railroad.

(53) Old Grand Avenue, south side, from the west intersection of Illinois Route 132 east 300 feet.

(54) Old Grand Avenue, north side, commencing 600 feet west of the centerline of O'Plaine Road to 50 feet east of the centerline of Depot Road.

(55) Old Grand Avenue, north side, from 300 feet east of the centerline of First Street to Illinois Route 132 at Greenleaf Street.

(56) Old Grand Avenue, south side, from 390 feet west of the centerline of Depot Road to 220 feet east of the centerline of Depot Road.

(57) Old Grand Avenue, south side, from 200 feet west of First Street to Illinois Route 132 at Greenleaf Street.

(58) O'Plaine Road, both sides, from Illinois Route 120 to Old Grand Avenue.

(59) Pauly Drive, both sides, from Lawson Boulevard to Pinewood Road.

(60) Pembrook Court, both sides, beginning 190 feet east of Lawson Boulevard to the east end of Pembrook Court.

(61) North side of Pinetree Drive between Pinewood Road and Mahogony Court.

(62) Pinewood Road, both sides, from Lawson Boulevard to Dilley's Road.

(63) Deleted.

(64) Providence Road, both sides, from O'Plaine Road to Cole Court.

(65) Regency Court cul-de-sac areas.

(66) South Road, both sides, from west Darlene Drive to Fuller Road.

(67) South Road, both sides, from Fuller Street to the west terminus.

(68) South Stratton Lane, both sides.

(69) St. Paul Avenue, both sides, from Delany Road west for a distance of 800 feet.

(70) Stonebrook Drive, both sides, from Illinois Route 132 to Dada Drive.

(71) Tri-State Parkway, both sides.

(72) U.S. Route 41, both sides.

(73) Vineyard Drive, both sides, from Illinois Route 132 to Korbel Drive.

(74) Washington Street, both sides.

(75) West Street, both sides.

(76) Windwood Court, both sides.

(77) Woodlake Boulevard, both sides.

(78) Hayner Avenue, both sides.

(e) Restricted parking hours during school hours Monday through Friday.

McClure Road, east from O'Plaine to Gillings, on both sides of the street.

(f) One-hour parking restrictions on specified streets. When signs are erected giving notice thereof, no person shall park a vehicle for more than one hour between the hours of 8:00 a.m, to 8:00 p.m. upon any of the streets or parts of streets designated below:

Waveland Avenue, east side, from Grand Avenue to Grandview Avenue.

(g) Two-hour parking restrictions on specified streets. When signs are erected giving notice thereof, no person shall park a vehicle for more than two hours during school hours Monday through Friday upon any of the streets or parts of streets designated below:

(1) Meadowlark Court;

(2) Bluebird Court;

(3) Eagle Court;

(4) Finch Court;

(5) Robin Court;

(6) Raven Court;

(7) Oriole Court;

(8) Gillings, from Hayner Avenue to McClure Avenue; and

(9) McClure Avenue, from Gillings east to its terminus.

(h) Two-hour parking restrictions on specified streets. When signs are erected giving notice thereof, no person shall park a vehicle for more than two hours upon any of the streets or parts of streets described below:

(1) Lee Avenue from St. Paul Avenue to Grove Avenue; and

(2) Grove Avenue from Delany Road to St. Paul Avenue.

(i) Prohibited parking. Parking is prohibited, except by permit along:

(1) Rockpointe Court.

(Code 1977, 41.15; Ord. No. 94-21, 1, 2-28-1994; Ord. No. 94-68, 1, 6-20-1994; Ord. No. 94-142, 1, 12-5-1994; Ord. No. 94-143, 1, 12-5-1994; Ord. No. 95-32, 1, 5-1-1995; Ord. No. 95-72, 1, 8-21-1995; Ord. No. 96-150, 1, 12-16-1996; Ord. No. 97-4, 1, 1-6-1997; Ord. No. 97-12, 1, 1-27-1997; Ord. No. 2000-79, 1(41.15(d)), 7-10-2000; Ord. No. 2000-94, 1(41.15(d)), 8-7-2000; Ord. No. 2000-125, 1(41.15(d), 10-16-2000; Ord. No. 2001-59, 1(41.15(d)), 7-16-01; Ord. No. 2003-65, I, 9-8-2003; Ord. No. 2003-83, I, 11-3-2003; Ord. No. 2005-28, I, 5-2-2005; Ord. No. 2006-70, I, 8-21-2006; Ord. No. 2006-90, I, 11-6-2006; Ord. No. 2008-63, I, 9-8-2008; Ord. No. 2009-55, I, 8-3-2009; Ord. No. 2009-63, I, 9-14-2009; Ord. No. 2010-55, I, 5-13-2010; Ord. No. 2010-62, I, 8-2-2010; Ord. No. 2011-89, 2, 12-19-2011)

Sec. 78-106. Presumption of responsibility.

The fact that a vehicle which is illegally parked 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 parking.

(Code 1977, 41.16)

Sec. 78-107. Parking violations.

(a) Any person charged with a parking violation of this chapter to include sections 78-3, 78-65, and 78-101 through 78-106, and to include section 78-68, fire lane, fire hydrant and fire connection violations, and parking violations of the Illinois Vehicle Code, 625 ILCS 5/1-100 et seq., as incorporated under section 78-1, hereinafter referred to as Code 1 parking violations, may avoid prosecution for violating any of such sections by settling and compromising the charge for such illegal parking by paying to the village the sum of not less than $5.00 and not more than as provided in section 1-11 within 72 hours of the time such alleged offense was committed. Such payment may be made at the village police department, and such money shall be promptly turned over to the treasurer to be used in the manner provided for the disposition of fines for traffic violations. In any event the fine must be paid in 30 days after the initial 72 hours, or a court date requested to grant hearing on the violation as to offender's guilt or innocence.

(b) Procedures for avoiding prosecution for violation of Code 1 ordinance violations shall be as follows:

(1) In the event that the owner or operator of the vehicle does not pay the sum of not less than $5.00 nor more than as provided in section 1-11 within 30 calendar days from the date of issuance of a notice of ordinance violation, the village police shall send a second notice which will indicate that a violation has occurred, and that since 30 days has lapsed and neither a court date was requested, nor was the fine paid, that the fine now escalates to not less than $15.00 nor more than as provided in section 1-11, and that this escalated fine must be paid within 30 calendar days.

(2) In the event the owner or operator of the vehicle does not pay the sum of not less than $15.00 nor more than as provided in section 1-11 within 30 calendar days of the issuance of the second notice of violation, the village police department shall send a final notice that will indicate that an ordinance violation has been committed, that within 60 calendar days from the issuance of the notice of ordinance violation, neither a court date has been requested, nor has the fine been paid, and that this final notice now escalates the fine to not less than $35.00 nor more than as provided in section 1-11. This fine must be paid in 30 calendar days from the issuance of such final notice, and if this fine is not paid, court litigation to collect such fine may ensue.

(c) All remittances of a fine as set forth in this section may be made by check, money order or currency, and must be accompanied by a single plea of guilty and waiver of hearing.

(Code 1977, 41.24)

Secs. 78-108 78-130. Reserved.

ARTICLE V.
SNOWMOBILES

Sec. 78-131. Definitions.

The following words, terms and phrases when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Operate means to ride in or on, other than as a passenger, use or control the operation of a snowmobile in any manner whether or not the snowmobile is under way.

Operator means a person who operates or is in actual physical control of a snowmobile.

Snowmobile means a self-propelled device designed for travel on snow or ice in a natural terrain steered by wheels, skis or runners and supported in part by skis, belts, or cleats.

(Code 1977, 41.22(a))

Cross references: Definitions generally, 1-2.

Sec. 78-132. Regulations.

It shall be unlawful for any person to operate a snowmobile under the following circumstances:

(1) On private property of another without the express permission to do so by the owner or occupant of the property.

(2) On public school grounds, park property, playgrounds, recreational areas and golf courses without express provision or permission to do so by the proper public authority.

(3) In a manner so as to create loud, unnecessary or unusual noise so as to disturb or interfere with the peace and quiet of other persons.

(4) In a careless, reckless or negligent manner so as to endanger the safety of any person or the property of any other person.

(5) Within the right-of-way of any public street or roadway.

(Code 1977, 41.22(b))

Sec. 78-133. Exceptions.

When it becomes necessary to cross a public street or roadway, the operator shall stop the snowmobile before crossing and shall yield the right-of-way to vehicular traffic.

(Code 1977, 41.22(c))

Sec. 78-134. Equipment.

All snowmobiles operating within the village shall be equipped with:

(1) At least one white headlamp having a minimum candlepower of sufficient intensity to exhibit a white light plainly visible from a distance of at least 500 feet ahead during hours of darkness under normal atmospheric conditions. If a snowmobile is equipped with a single beam lamp, such lamp shall be so aimed that when the vehicle is loaded none of the high intensity portion of the light, at a distance of 25 feet in front of the vehicle, projects higher than the level of the center of the lamp from which it originates.

(2) At least one red taillamp having a minimum candlepower of sufficient intensity to exhibit a red light plainly visible from a distance of 500 feet to the rear during hours of darkness under normal atmospheric conditions.

(3) A brake system in good mechanical condition.

(4) Reflective material of a minimum area of 16 square inches mounted on each side of the cowling. Identifying numbers may be included in computing the required 16 square inch area.

(5) Adequate sound suppression equipment. No snowmobile manufactured after June 1, 1972, shall be sold or offered for sale, unless it is equipped with sound suppression devices that limit total machine noise in accordance with noise pollution standards established pursuant to the Environmental Protection Act.

(6) A safety or so-called dead man throttle in operating condition; a safety or dead man throttle is defined as a device which when pressure is removed from the accelerator or throttle causes the motor to be disengaged from driving track.

(Code 1977, 41.22(d))

Secs. 78-135 78-149. Reserved.

ARTICLE VI.
AUTOMATED TRAFFIC LAW ENFORCEMENT SYSTEMS

Sec. 78-150. Purpose.

The purpose of this article is to authorize automated traffic law enforcement at high crash or other high-risk locations. The objective of automated traffic law enforcement is to reduce traffic accidents and improve roadway safety.

(Ord. No. 2007-108, I, 12-5-2007)

Sec. 78-151. Definitions.

As used in this article, words or terms shall have the following meanings unless the context or usage clearly indicates that another meaning is intended:

Automated traffic law violation means a violation described in section 11-208.6 of the Illinois Vehicle Code (625 ILCS 5/11-208.6) and pursuant to the provisions of this article, wherein a vehicle enters an intersection identified in subsection (b) of this section against a red light signal in violation of section 11-306 of the Illinois Vehicle Code (625 ILCS 5/11-306) or a similar provision of the Municipal Code of the village.

Automated traffic law enforcement system means a device with one or more motor vehicle sensors working in conjunction with a red light signal to produce recorded images of motor vehicles entering an intersection against a red light signal in violation of section 11-306 of the Illinois Vehicle Code (625 ILCS 5/11-306) or a similar provision of the Municipal Code of the village.

Certified report means a report concerning five or more unpaid fines or penalties for automated traffic law violations made by the village to the secretary of state in accordance with section 6-306.5 of the Illinois Vehicle Code (625 ILCS 5/6-306.5).

Determination of liability results when the registered owner or lessee fails to pay the $100.00 fine or contest the violation notice within 21 days of the issuance of the violation notice. If the owner or lessee fails to pay the fine within 21 days of the issuance of the violation notice or contest the violation notice, the fine becomes a debt due and owing the village.

Final determination of liability results from any of the following:

(1) A person failed to timely pay the fine and/or late fee within 14 days after service of the determination of liability notice and failed to timely request an administrative hearing;

(2) A person failed to timely pay the fine and/or late fee after a hearing officer's finding of liability and all administrative review procedures provided in this section have been exhausted or expired; or

(3) A person failed to timely pay the fine and/or late fee, failed to timely appear at a scheduled administrative hearing, failed to timely pay the fine and/or late fee after service of the finding of liability (by reason of default judgment) and failed to file a petition to set aside the default judgment within 14 days of the date default judgment was entered or timely filed a petition to set aside a default judgment which was denied.

Finding of liability results after an administrative hearing is conducted in person or by mail and the administrative hearing officer determines that the registered owner or lessee is liable for an automated traffic law violation.

Notices.

(1) Determination of liability notice means a notice indicating that the owner or lessee failed to pay the $100.00 fine indicated in the violation notice within the requisite 21-day period and also failed to contest the violation notice within the requisite 21-day period. The determination of liability notice shall indicate that the fine amount, that being $100.00, is a debt due and owing the Village. The notice shall further state that failure to pay the $100.00 fine within 14 days will result in a late fee of $100.00 added to the original fine.

(2) Final determination of liability notice means a notice issued pursuant to section 11-208.3 of the Illinois Vehicle Code (625 ILCS 5/11-208.3) indicating that a final determination of liability has been reached and that the registered owner or lessee of the offending vehicle is liable for an automated traffic law violation. A final determination of liability notice shall contain the language that the unpaid fine and late fee are a debt due and owing the village and that the village may petition the court for a judgment against the registered owner for the amount of the unpaid fine and late fee if it is not paid within the period of time specified. Further, the notice shall indicate that five or more unpaid automated traffic law violations may result in the suspension of the registered owner's driver's license.

(3) Finding of liability notice means the notice sent by the traffic administrator after an administrative hearing indicating there has been a finding of liability by the administrative hearing officer. The finding of liability notice shall state that the registered owner or lessee has 14 days from the date of the issuance of the finding of liability notice to pay the fine and that failure to pay said fine within the 14-day period will result in a late fee of $100.00 being assessed.

(4) Suspension notice means a notice of impending driver's license suspension issued pursuant to section 11-208.3 of the Illinois Vehicle Code (625 ILCS 5/11-208.3) and pursuant to the provisions of this article as the result of five or more unpaid automated traffic law violations. A notice of suspension shall state that failure to pay the fines and penalties owing within 45 days of the date of the suspension notice will result in the village notifying the secretary of state that the person is eligible for initiation of suspension proceedings pursuant to section 6-306.5 of the Illinois Vehicle Code (625 ILCS 5/6-306.5).

(5) Violation notice means a notice issued by the Traffic Administrator or his designee indicating that an automated traffic law violation occurred. Said notice shall be in accordance with sections 11-208.3 and 11-208.6 of the Illinois Vehicle Code (625 ILCS 5/11-208.3 and 208.6) and shall include and specify the following:

a. The date, time and place of the violation;

b. A copy of the recorded images;

c. A statement that the recorded images are prima facie evidence of a violation of a red light signal;

d. The amount of the fine and the amount of a penalty that may be assessed for late payment;

e. The make of the vehicle (if readily discernible);

f. The state registration number;

g. The identification number or name of the person issuing the notice;

h. A statement that payment of the indicated fine and any applicable penalty for late payment shall operate as a final disposition of the violation;

i. A warning that failure to pay the civil penalty or to contest liability in a timely manner is an admission of liability and may result in a suspension of the driving privileges of the registered owner of the vehicle;

j. A statement that the person may elect to proceed by paying the civil penalty or by challenging the charge by requesting an administrative hearing; and

k. The time frame and manner in which an administrative hearing to challenge the violation may be obtained.

Recorded images means images showing the time, date and location of an automated traffic law violation recorded by an automated traffic law enforcement system on:

(1) Two or more photographs;

(2) Two or more microphotographs;

(3) Two or more electronic images; or

(4) A video recording showing the motor vehicle and clearly identifying the registration plate number of the motor vehicle on at least one image or portion of the recording.

System means, individually, an automated traffic law enforcement system or, collectively, automated traffic law enforcement systems established in the Village pursuant to the Illinois Vehicle Code (625 ILCS 5/11-1 et seq.) and this article of the Municipal Code.

Traffic administrator means the village administrator or his or her designee.

(Ord. No. 2007-108, I, 12-5-2007)

Sec. 78-152. System locations.

The village hereby determines to establish systems at the following intersections located within the corporate limits of the village:

(1) Route 132 and Hunt Club Road;

(2) Route 41 at Delany Road;

(3) Route 132 at Dilley's Road;

(4) Washington Street at Route 21;

(5) Hunt Club Road at Washington Street;

(6) Route 132 at Route 21; and

(7) Additional locations as deemed appropriate by due process.

(Ord. No. 2007-108, I, 12-5-2007)

Sec. 78-153. Duties of traffic administrator.

The traffic administrator or his designee shall be authorized to adopt, distribute and process violation notices and other notices required by section 11-208.3 of the Illinois Vehicle Code (625 ILCS 5/11-208.3), to collect money paid as fines and penalties for automated traffic law violations and to establish and administer a procedure by which persons contesting a violation notice are afforded an administrative hearing in accordance with this section of the Municipal Code of the village. The Traffic Administrator is authorized to make a certified report to the secretary of state pursuant to section 6-306.5 of the Illinois Vehicle Code (625 ILCS 5/6-306.5), and any such certified report shall contain the information required under section 6-306.5(c) of the Illinois Vehicle Code (625 ILCS 5/306.5(c)).

(Ord. No. 2007-108, I, 12-5-2007)

Sec. 78-154. Issuance and service of violation notice and notice of determination of liability.

A violation notice shall issue to the registered owner or lessee of a vehicle committing an automated traffic law violation. A violation notice shall be served by first class United States mail, postage prepaid, to the address of the registered owner of a vehicle cited for an automated traffic law violation as recorded with the secretary of state within 30 days after the secretary of state notifies the village of the identity of the owner of the vehicle, but in no event later than 90 days after the date of the violation. Service of a violation notice shall be deemed complete as of the date of deposit in the United States mail. If the fine for an automated traffic law violation has not been paid and an administrative hearing has not been requested within 21 days of service of the violation notice, a determination of liability notice shall be issued and served in the same manner as the violation notice. If the $100.00 fine due and owing the village is not paid within 14 days after the date the determination of liability notice is served, a late fee of $100.00 shall be assessed and shall also become a debt due and owing the village.

(Ord. No. 2007-108, I, 12-5-2007)

Sec. 78-155. Review of recorded images prior to issuance of violation notice.

Before a violation notice may be issued for any automated traffic law violation, a determination must be made by a technician employed or contracted by the village that, based on inspection of recorded images generated by the system, the motor vehicle was being operated in violation of section 11-208.6 of the Illinois Vehicle Code (625 ILCS 5/11-208.6) or this article in that the vehicle entered an intersection identified in section 78-152 of this section against a red light signal in violation of section 11-306 of the Illinois Vehicle Code (625 ILCS 5/11-306) or a similar provision of the Municipal Code of the village. If the technician determines that the vehicle entered the intersection as part of a funeral procession or in order to yield the right-of-way to an emergency vehicle or at the direction of an authorized police or emergency service officer, a violation notice shall not be issued.

(Ord. No. 2007-108, I, 12-5-2007)

Sec. 78-156. Recorded images confidential.

Recorded images made by an automated traffic law enforcement system are confidential and shall be made available only to the alleged violator and governmental and law enforcement agencies for purposes of adjudicating a violation of this article, for statistical purposes and for other governmental purposes. However, any recorded image evidencing a violation of this article may be admissible in any proceeding brought by the municipality or on behalf of the people of the state resulting from the issuance of a citation.

(Ord. No. 2007-108, I, 12-5-2007)

Sec. 78-157. Violation notice prima facie evidence.

The original or a facsimile copy of the violation notice or, in the case of a violation notice produced by a system's computerized device, a printed record generated by such showing the facts entered on a violation notice, shall be retained by the traffic administrator, and shall be a record kept in the ordinary course of business. A violation notice issued, signed and served in accordance with this article of the Municipal Code and section 11-208.3 of the Illinois Vehicle Code (625 ILCS 5/11-208.3), or the printed record generated by the system's computerized device, shall be prima facie evidence of the correctness of the facts shown on the violation notice. The original or facsimile copy of the violation notice or the printed record generated by the system's computerized device shall be admissible in any subsequent administrative or legal proceedings.

(Ord. No. 2007-108, I, 12-5-2007)

Sec. 78-158. Administrative hearing of violation notice; administrative review.

The registered owner of the vehicle cited in a violation notice shall have the opportunity for an administrative hearing in accordance with this article of the Municipal Code of the village in which said owner may contest the merits of the alleged violation. The administrative hearing shall be on the date, and at the time and place set forth in the written notice of hearing as issued by the traffic administrator to the person requesting the hearing. The lessee of a vehicle cited in a violation notice likewise shall be afforded the opportunity for an administrative hearing of the same kind afforded the registered owner. Any request for an administrative hearing in accordance with this section of the Municipal Code shall be made in writing within 21 days of service of the violation notice. The formal or technical rules of evidence shall not apply at any such hearing. Such hearings may be recorded. Evidence including hearsay, may be admitted only if it is of a type commonly relied upon by reasonable prudent persons in the conduct of their affairs. The administrative hearing officer shall be empowered to administer oaths and to secure by subpoena both the attendance and testimony of witnesses and the production of relevant documents. Persons appearing at such a hearing may be represented by counsel at their own expense. A finding of liability by the administrative hearing officer is subject to judicial review by way of an action for administrative review filed in the circuit court of the county in accordance with section 3-101 et seq. of the Code of Civil Procedure (735 ILCS 5/3-101 et seq.). Any person filing for judicial review pursuant to this section shall be subject to the assessment of costs for the preparation and certification of the record of proceedings before the hearing officer. Such cost shall be assessed at $25.00 for the first page of the transcript and $5.00 for each page thereafter. Any failure to pay such fee shall subject the party seeking review to the provisions of 735 ILCS 5/3-109, including dismissal of the complaint and other applicable results.

(Ord. No. 2007-108, I, 12-5-2007)

Sec. 78-159. Administrative hearings.

An administrative hearing officer shall preside over all administrative hearings conducted pursuant to this article of the Code and said administrative hearings shall be conducted pursuant to the administrative hearing procedures set forth in chapter 2, section 2-300 et seq. of this Code.

(Ord. No. 2007-108, I, 12-5-2007)

Sec. 78-160. Contest violation notice by certified mail.

Registered owners or lessees of the cited vehicle who receive violation notices may contest the merits of the alleged automated traffic law violation without attending a hearing by sending a signed statement, under oath, together with any supporting documentation, to the traffic administrator via certified mail, return receipt requested, within ten days after service of the violation notice. Such a statement shall set forth the reasons why a finding of liability shall not be entered. Registered owners or lessees of the cited vehicle may contest the charges by certified mail under this section using the same available defenses as herein stated. The traffic administrator shall forward all timely submitted materials to the administrative hearing officer for review and determination and the traffic administrator shall issue and serve the findings of the administrative hearing officer pursuant to the provisions of this article.

(Ord. No. 2007-108, I, 12-5-2007)

Sec. 78-161. Defenses.

The administrative hearing officer may consider the following in defense of a violation:

(1) That the driver of the vehicle passed through the intersection when the light was red in order to yield the right-of-way to an emergency vehicle;

(2) The driver of the vehicle passed through the intersection when the light was red as part of a funeral procession; or at the direction of an authorized police or emergency service officer;

(3) That the motor vehicle or registration plates of the motor vehicle were stolen before the violation occurred and not under the control of or in the possession of the owner at the time of the violation. To demonstrate that the motor vehicle or registration plates were stolen before the violation occurred and were not under the control or possession of the owner at the time of the violation, the owner must submit proof in the form of a certified copy of a police report concerning the stolen motor vehicle or registration plates which was filed with a law enforcement agency in a timely manner.

(Ord. No. 2007-108, I, 12-5-2007)

Sec. 78-162. Issuance and service of finding of liability notice.

The traffic administrator shall issue to the registered owner or lessee a finding of liability notice indicating whether there has been a finding of liability by the administrative hearing officer. A finding of liability notice shall be served by first class United States mail, postage prepaid, to the address appearing on the request for administrative hearing within 14 days of the date of the administrative hearing. However, if the hearing is conducted in person, then the finding of liability notice may be personally served upon the registered owner, lessee or his or her agent at the conclusion of the hearing. Service shall be complete as of the date of deposit in the United States mail. The finding of liability notice shall indicate that the person has the right to appeal the hearing officer's decision to the circuit court of the county in accordance with the Administrative Review Act.

(Ord. No. 2007-108, I, 12-5-2007)

Sec. 78-163. Issuance and service of final determination of liability notice.

A final determination of liability notice shall be issued to the registered owner or lessee following a "final determination of liability" as provided in section 78-162 of this article. A final determination of liability notice shall be served by first class United States mail, postage prepaid, to the address of the registered owner of the cited vehicle as recorded with the secretary of state or, if any notice to that address is returned as undeliverable, to the last known address recorded in a United States Post Office approved database or, under section 11-1306 of the Illinois Vehicle Code (625 ILCS 5/11-1306), to the lessee of the cited vehicle at the last address known to the lessor of the cited vehicle at the time of the lease or, if any notice to that address is returned as undeliverable, to the last known address recorded in a United States Post Office database. Service of the final determination of liability notice shall be deemed complete as of the date of deposit in the United States mail.

(Ord. No. 2007-108, I, 12-5-2007)

Sec. 78-164. Manner and grounds for contesting final determination of liability.

A person owing an unpaid fine or late fee for an automated traffic law violation may file a written petition to set aside a final determination of liability. The petition shall be filed by sending the same, together with any documentation in support thereof, to the traffic administrator by certified mail, return receipt requested, or by personal delivery to the traffic administrator. The grounds for such a petition shall be limited to:

(1) The person not having been the owner or lessee of the cited vehicle on the date the violation notice was issued;

(2) The person having already paid the fine or late fee for the violation in question; and

(3) Excusable failure to appear at or request a new date for a hearing.

The traffic administrator shall render his decision in writing. In the event that such a petition is granted upon a showing of just cause, and the final determination of liability set aside, the registered owner or lessee shall be provided with an administrative hearing on the merits for that violation.

(Ord. No. 2007-108, I, 12-5-2007)

Sec. 78-165. Issuance and service of suspension notice.

A suspension notice shall be issued upon the accrual of five or more unpaid automated traffic law violations. Service of a suspension notice shall be made by first class United States mail, postage prepaid, to the address recorded with the secretary of state or, if any notice to that address is returned as undeliverable, to the last known address recorded in a United States Post Office approved database. Service of a suspension notice shall be complete as of the date of deposit in the United States mail.

(Ord. No. 2007-108, I, 12-5-2007)

Sec. 78-166. Contesting suspension resulting from automated traffic law violations.

If the traffic administrator provides a suspension notice to a vehicle owner and subsequently makes a certified report to the secretary of state, the subject vehicle owner may challenge the accuracy of the certified report in writing. To do so, the vehicle owner must submit to the traffic administrator a written statement under oath, together with any supporting documentation, establishing one of the following grounds for challenging the accuracy of the certified report:

(1) That the person was not the owner or lessee of the subject vehicle or vehicles receiving five or more automated traffic law violations on the date or dates such violation notices were issued; or

(2) That the person already paid the fines or penalties for the five or more automated traffic law violations indicated on the certified report.

Such statement and supporting documentation must be sent to the traffic administrator by certified mail, return receipt requested, or hand-delivered to the traffic administrator within five days after the person receives notice from the secretary of state that that the person's driver's license will be suspended at the end of a specified period of time unless the secretary of state is presented with a notice from the village certifying that the fines or penalties due and owing have been paid or that the inclusion of the person's name on the certified report was in error. The traffic administrator or his designee shall immediately review all documents submitted pursuant to this subsection and shall determine whether the certified report was in error. If the report was in error, the traffic administrator shall notify the secretary of state immediately that inclusion of the person's name on the certified report was in error.

(Ord. No. 2007-108, I, 12-5-2007)

Sec. 78-167. Penalty.

Unless the driver of the motor vehicle cited for an automated traffic law violation received a uniform traffic citation from a police officer at the time of the violation, the owner of the motor vehicle is subject to a penalty of $100.00 per violation. In the event that such penalty is not paid within 14 days after service of a determination of liability notice, a late fee of $100.00 shall be added to the fine.

(Ord. No. 2007-108, I, 12-5-2007)