Chapter 24a – Motor Vehicle Code

CHAPTER 24

MOTOR VEHICLE CODE

ARTICLE I – DEFINITIONS

24-1-1 ILLINOIS VEHICLE CODE; DEFINITIONS ADOPTED. The Illinois Vehicle Code, Illinois Compiled Statutes, Chapter 625, Chapter 1, entitled “Title and Definitions”, as passed, approved and amended by the Illinois General Assembly is hereby adopted by the Village, the provisions thereof shall be controlling within the corporate limits of the Village. (See 65 ILCS Sec. 5/1-3-2 and 5/11-1-1)

24-1-2 GENERAL DEFINITIONS.

(A) “Court House Square” means that part of Broadway Street which lies between the east side of Main Street and the west side of Church Street; that part of Main Street which lies between the south side of Broadway Street and the north side of Chestnut Street; that part of Chestnust Street which lies between the east side of Main Street and the west side of Church Street; and that part of Church Street which lies between the south side of Broadway Street and the north side of Chestnut Street; which surround the premises occupied as a Court House Site by Clay County. (Sec. 10.04.010) (See Schedule “B”)

(B) “Motor Vehicle” means every vehicle which is self propelled.

ARTICLE II – GENERAL REGULATIONS

24-2-1 UNAUTHORIZED SIGNS. No person shall place, maintain or display upon or in view of any street, any unauthorized sign, signal, marking, light, reflector or device which purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal, or which attempts to direct the movement of traffic, nor shall any person or place, maintain or display upon or in view of any street, any other sign which hides from view or interferes with the movement of traffic or effectiveness of any traffic-control device or any railroad sign or signal, and no person shall place or maintain, nor shall any public authority permit upon any highway, any traffic sign or signal bearing thereon any commercial advertising. No tree, bush or foliage of any kind shall be so placed, maintained, allowed to remain, or be displayed upon either public or private property in such a manner as to hide from view or interfere with the movement of traffic or the effectiveness of any traffic-control device, sign or signal.

24-2-2 INTERFERENCE WITH SIGNS OR SIGNALS. It shall be unlawful for any person to deface, injure, move or interfere with any official traffic sign or signal.

24-2-3 ADVERTISING SIGNS. It shall be unlawful to maintain anywhere in the Village any sign, signal, marking or device other than a traffic sign or signal authorized by the Village Board or the Illinois Department of Transportation, which purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal in view of any street or highway, and it shall be unlawful to place or maintain any sign which hides from view any lawful traffic-control device. It shall be unlawful to maintain or operate any flashing or rotating beacon of light in view of any street or highway.

24-2-4 ANIMALS OR BICYCLES. Any person riding a bicycle or an animal or driving any animal drawing a vehicle upon any street shall be subject to the provisions of this Code applicable to the driver of a vehicle, except those provisions which can have no application to one riding a bicycle or driving or riding an animal. (See 625 ILCS Sec. 5/11-206)

ARTICLE III – STOP AND THROUGH STREETS

24-3-1 THROUGH STREETS. The streets and parts of streets of the Village designated by ordinance as “through streets” are hereby declared to be through streets. The driver of a vehicle shall stop at the entrance to a through street and shall yield the right-of-way to other vehicles which have entered the intersection or which are approaching so close on a through street as to constitute an immediate hazard unless directed otherwise by the traffic officer. Also certain through streets may be designated from time to time as truck routes, with varying load limits. See Schedule “A” for applicable through and stop streets and truck routes.

(Ord. No. 552, 11-10-2004)

24-3-2 ONE-WAY STREETS OR ALLEYS. It shall be unlawful to operate any vehicle on any streets or alleys designated as one-way streets or alleys by ordinance in any direction other than that so designated. See Schedule “B” for the designated one-way streets and alleys. (See 625 ILCS Sec. 5/11-208)

24-3-3 STOP STREETS. The driver of a vehicle shall stop in obedience to a stop sign at an intersection where a stop sign is erected pursuant to ordinance at one or more entrances thereto and shall proceed cautiously, yielding to the vehicles not so obliged to stop which are within the intersection or approaching so close as to constitute an immediate hazard, unless traffic at such intersection is controlled by a police officer on duty, in which event, the directions of the police officer shall be complied with. See Schedule “A” for designated stop intersections. (See 625 ILCS Sec. 5/11-302)

24-3-4 YIELD RIGHT-OF-WAY STREETS. The driver of a vehicle approaching a yield sign, in obedience to such sign, shall slow down to a speed reasonable for the existing conditions and if required for safety to stop, shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway. After slowing or stopping, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection. (See Schedule “C”)

24-3-5 POSTING SIGNS. Appropriate signs shall be posted to show all through, stop and yield right-of-way streets, all one-way streets and alleys and all stop intersections. (See 625 ILCS Sec. 5/11-304)

ARTICLE IV – DRIVING RULES

24-4-1 DRIVING RULES.

(A) Unlawful Possession of Highway Sign or Marker. Traffic control signals, signs or markers owned by the Village shall be possessed only by the Village’s employees, police officers, contractors, or their employees engaged in highway construction, contract or work upon the roadways or public ways approved by the Village. No person shall possess a traffic control signal, sign or marker owned by the Village except as provided in this paragraph without the prior written authority of the Village. It shall be a violation of this Chapter for a person to possess such a traffic control signal, sign or marker without lawful authority. (See 625 ILCS Sec. 5/11-313)

(B) General Speed Restrictions. The speed limits on the various streets shall be approved by the Village Board, but shall not exceed twenty miles per hour (20 MPH) in a school zone and not to exceed twenty-five miles per hour (25 MPH) on a residential street; otherwise, thirty miles per hour (30 MPH) on an arterial street unless otherwise posted. (See Schedule “D”) (See 625 ILCS Sec. 5/11-604) (See 65 ILCS Sec. 5/11-40-1)

(C) Special Speed Limit While Passing Schools. No person shall drive a motor vehicle at a speed in excess of twenty miles per hour (20 MPH) while passing a school zone or while traveling upon any public thoroughfare on or across which children pass going to and from school during school days when school children are present.

This section shall not be applicable unless appropriate signs are posted upon streets and maintained by the Village or State wherein the school zone is located. (See 625 ILCS Sec. 5/11-605)

(D) Failure to Reduce Speed. A vehicle shall be driven upon the streets and alleys of this Village at a speed which is reasonable and proper with regard to traffic conditions and the use of the street or alley. The fact that the vehicle does not exceed the applicable maximum speed limit does not relieve the driver of the duty to decrease speed when approaching and crossing an intersection or when special hazard exists with respect to pedestrian or other traffic or by reason of weather or highway conditions. Speed must be decreased as may be necessary to avoid colliding with any person or vehicle on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.

24-4-2 TRANSPORTING LIQUOR IN VEHICLES. No person shall transport, carry, possess or have any alcoholic liquor within the passenger area of any motor vehicle in this Village except in the original container and with the seal unbroken. (See 625 ILCS Sec. 5/11-502)

24-4-3 SOUND AMPLIFICATION SYSTEM. No driver of any motor vehicle within this State shall operate or permit operation of any sound amplification system which can be heard outside the vehicle from seventy-five (75) feet or more when the vehicle is being operated upon a highway, unless such system is being operated to request assistance or warn of a hazardous situation. (See 65 ILCS Sec. 5/12-611)

ARTICLE V – PARKING RULES

24-5-1 TIME LIMIT PARKING. It shall be unlawful to park any vehicle for a period of time in excess of the amount of time designated by law and so posted.

24-5-2 PARKING FOR SALE OR REPAIR. No person shall park a vehicle upon any street for the purpose of:

(A) displaying such vehicle for sale; or

(B) washing, greasing or repairing such vehicle, except when emergency repairs are necessary.

24-5-3 PRIVATE PROPERTY. It shall be unlawful to park any motor vehicle on any private property without the consent of the owner of the property.

 

24-5-4 STOPPING, STANDING OR PARKING PROHIBITED IN SPECIFIED PLACES.

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

(1) Stop, Stand or Park a Vehicle:

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

(b) On a sidewalk.

(c) Within an intersection.

(d) On a crosswalk.

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

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

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

(h) On any railroad tracks.

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

(j) On any controlled-access highway.

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

(l) In any alley that is open and maintained.

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

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

(b) Within fifteen (15) feet of a fire hydrant.

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

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

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

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

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

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

(b) at any place where official signs prohibit parking;

(c) in yellow zones.

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

(C) Schedules “E”, “F” and “G” shall list all applicable no-parking zones.

24-5-5 PARKING ON COURT HOUSE SQUARE.

(A) All vehicles parking on the Court House Square shall be parked with the front of such vehicle headed toward the curb against which it is parked, and also parked within the lines or markings painted on the curb or street designating parking spaces.

(B) No vehicle shall be parked upon the Court House Square at or in any place other than as indicated by the lines or markings painted on the curbs or streets designating parking spaces. (Ord. No. 203; 1949)

(C) It is unlawful to park any truck upon the Court House Square with a wheel base greater than one hundred twenty (120) inches.

(D) It is unlawful to park any vehicle upon the Court House Square with a wheel base greater than one hundred thirty (130) inches. (Ord. No. 203; 1949)

24-5-6 PARALLEL PARKING.

(A) It is unlawful to park any motor vehicle on the southeasterly side of Chestnut Street, between Church and Main Streets except in a parallel position with the front of such vehicle headed in a southeasterly direction and along the southeasterly curb thereof, and within markings designated for that purpose. (Ord. No. 219A; 1956)

(B) Motor vehicles parking in front of the Clay County Housing apartments along South Church Street from Nos. 1004 through 1008 inclusive shall park parallel to the curb, gutter or sidewalk on that side of the street which is to the right of the direction in which the vehicle has been traveling and as nearly to the edge of the street as possible. (Ord. No. 426)

24-5-7 PARKING FOR THE HANDICAPPED.

(A) Designated Parking. Certain parking spaces within the confines of the Village shall be designated for use by handicapped persons’ vehicles only and will be posted with appropriate signs to that effect.

(B) Use of Designated Handicapped Parking. The use of designated handicapped parking locations, duly posted and signed shall to that effect, be open to any vehicle which bears the appropriate handicapped Illinois Registration Plate issued by the Secretary of State for the State of Illinois, or a valid handicapped parking permit issued by another governmental agency or which bears a handicapped card furnished in accordance with Illinois Compiled Statutes, Chapter 625; Section 5/11-1301.1, et. seq. furnished by the Village.

(C) Application for Illinois Handicapped Registration Plate. The issuance of an Illinois Handicapped Motor Vehicle Registration Plate shall be made with the Secretary of State of the State of Illinois at any facility provided and approved for that purpose by the Secretary of State. (See 625 ILCS Sec. 5/11-1301.2)

(D) Penalty. Any vehicle parked in violation of this Article in a posted designated handicapped space which does not bear an Illinois Handicapped Registration Plate, or a valid handicapped parking permit issued by another governmental agency or a Village Handicapped Registration Card will be ticketed and the vehicle will be removed in accordance with departmental policies and in accordance with Section 5/11-1302, Chapter 625 of the Illinois Compiled Statutes. The registered owner of the vehicle as ascertained by the registration plates of the vehicle will be presumed to be in control of the vehicle and will be fined One Hundred and Twenty Dollars ($120.00). The same registered owner will be held liable for the cost of the removal of the vehicle and must pay that cost, plus storage charges, if any, prior to the release of the vehicle. (Ord. #670; 1/13/2011)

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(E) Handicapped Parking Areas. Those places designated as “Handicapped Parking Spaces” are listed in Schedule “H”.

24-5-8 LOAD LIMITS.

(A) Established. There is hereby established “gross load limits” on certain Village streets. The term “gross load limit” shall mean the total weight of a vehicle and the load it is carrying. The specified streets and the load limits are hereby listed in Schedule “J”.

(B) Restrictions. It shall be unlawful to operate a vehicle upon any street where the operation is prohibited by this Section and where such signs of prohibition are posted, except that a vehicle may be driven on such street for not more than the minimum distance necessary for the purpose of making deliveries or picking up loads.

(C) Exceptions. This Chapter shall not include pickup trucks, trucks operated by the Village maintenance and repairs on the street or the operation of a vehicle owned by the U.S. government or State of Illinois while on lawful business of these agencies.

24-5-9 LOADING OR UNLOADING OF MERCHANDISE. Any vehicle which may be stopped or be left standing, attended or unattended, in any alley of this Village for the loading or unloading from such vehicle any merchandise shall not be construed a violation of this Chapter. But no vehicle shall be left standing in such manner for a longer period than is reasonably necessary for such loading or unloading operations. (Ord. No. 203; 1949)

24-5-10 TRUCK LOADING OR UNLOADING RESTRICTIONS. It is unlawful to load or unload any truck on the Court House Square unless the business house or establishment into which the contents or merchandise is being carried to or carried away from, has no other available street, alley, or private way entrance for the loading or unloading of such merchandise, other than the Court House Square entrance. This Section shall not, however, be construed to make it lawful for any truck or vehicle to be stopped or left standing for the purpose of loading or unloading in the main line of travel on the Court House Square when convenient to stop or to leave standing such truck or vehicle for the purpose of such loading or unloading out of the main line of travel. (Ord. No. 203; 2949)

24-5-11 TOWING CARS AWAY. The Police Department and all members thereof assigned to traffic duty are hereby authorized to remove and tow away, or have removed and towed away by commercial towing service, any car, boat, trailer, or other vehicle illegally parked in any place where such parked vehicle creates or constitutes a traffic hazard, blocks the use of a fire hydrant or obstructs or may obstruct the movement of any emergency vehicle; or any vehicle which has been parked in any public street or other public place for a period of twenty-four (24) hours.

Vehicles towed away shall be stored on any Village property or in a public garage or parking lot and shall be restored to the owner or operator thereof after payment of the expense incurred by the Village in removing and storing such vehicle(s).

24-5-12 PARKING VIOLATIONS. Any person accused of a violation of an ordinance prohibiting parking a vehicle in a designated area or restricting the length of time a vehicle may be there parked, may settle and compromise the claim against him or her for such illegal parking by paying to the Village Ten Dollars ($10.00) for each such offense and Fifteen Dollars ($15.00) for the second offense within six (6) months. Such payment may be made at the Village Hall and a receipt shall be issued for all money so received and such money shall be promptly turned over to the Treasurer to be credited to the General Fund. The members of the Police Department are hereby authorized to refrain from instituting a prosecution for the alleged offense involved for at least five (5) days.

Provided, this Section shall not apply to persons parking a vehicle so as to obstruct the entrance or exit of any place where Police and Fire Department apparatus or other emergency equipment is kept or housed or so as to block an emergency entrance in a hospital. Nor shall this Section apply to any person charged with parking a vehicle so as to entirely obstruct traffic in any street or alley or parking in such a way as to reduce traffic on an arterial street to one-way traffic only; nor to any person who refuses to remove a vehicle illegally parked at the request of any member of the Police Department.

(A) Removal – Time Limit. Any vehicle illegally parked for a period in excess of twenty-four (24) hours may be removed by a towing service authorized by the Police Department of the Municipality. In any emergency, any vehicle may be removed by any means when authorized by the Police Department of the Municipality.

(B) Village Parking Lots. No person shall park a motor vehicle on a Village parking lot unattended for more than five (5) consecutive days.

(C) Parking Violation Ticket. The parking violation ticket shall be as follows:

24-5-13 PRIMA FACIE PROOF. The fact that a vehicle which is illegally parked or operated is registered in the name of a person shall be considered prima facie proof that such person was in control of the vehicle at the time of such violation.

24-5-14 SNOW ROUTES. It shall be unlawful to park a vehicle on the following designated streets at any time within eighteen (18) hours after a snowfall of three (3) inches or more, unless the street has been cleared of snow.

24-5-15 PARKING TICKETS – STATE STATUTE. The Village Board intends to utilize Illinois Compiled Statutes, Chapter 625; Section 5/6-306.5 and the procedure set forth therein.

The appropriate authorities are hereby authorized to utilize the statute and the procedure set forth therein.

24-5-16 NO-MECHANIZED-VEHICLES-ALLOWED ZONE.

(A) Mechanized Vehicles Prohibited. The Villages Hiking Trail, whose location is hereinafter described in Chapter 24 Schedule G, shall be and is hereby designated as a No-Mechanized-Vehicle-Allowed Zone, and it shall be unlawful to operate, let stand, or park, at any and all times, any automobile, truck, wagon, buggy, cart or any other motor propelled or animal-drawn vehicle on said Hiking Trail without prior permission from Village authorized personnel, except that Village personnel may operate such vehicles upon said Hiking Trail when required for repair, maintenance, and other authorized operations of the Village.

(B) Penalty. Any person or entity who violates any provision of this Section shall be guilty of a Petty offense and shall be fined not less than One Hundred Twenty Dollars ($120.00) nor more than Seven Hundred Fifty Dollars ($750.00) for each offense committed. A separate offense shall be deemed committed upon each occurrence and also for each subsequent day in which any such violation shall continue, subject to a separate fine. A separate notice and citation and/or summons shall not be required for each day of violation that is of a continuing nature, but rather the initial notice and citation and/or summons shall be sufficient due notice for each subsequent day of violation of a continuing nature.

(Ord. #630; 11/13/2008; also Ord. #670; 1/13/2011)

ARTICLE VI – ABANDONED VEHICLES

24-6-1 DEFINITIONS. For the purpose of this Code, the following words shall have the meanings ascribed to them as follows:

“ABANDONED VEHICLE” shall mean all motor vehicles or other vehicles in a state of disrepair, rendering the vehicle incapable of being driven in its condition; or any motor vehicle or other vehicle that has not been moved or used for seven (7) consecutive days or more and is apparently deserted.

“ANTIQUE VEHICLE” means any motor vehicle or other vehicle twenty-five (25) years of age or older.

“COMPONENT PART” means any part of a vehicle other than a tire having a manufacturer’s identification number or an identification number issued by the Secretary of State.

“DERELICT VEHICLE” means any inoperable, unregistered, or discarded motor vehicle, regardless of title, having lost its characteristic as a substantial property and left unattended without justification on the owner’s, lienholder’s or other legally entitled person’s land contrary to the public policy expressed in this Code.

“HIGHWAY” means any street, alley or public way within this municipality.

“REMOVE” means to remove, deface, cover, or destroy.

“VEHICLE” means every device in, upon or by which any person or property is or may be transported or drawn upon a street or highway, whether subject to or exempt from registration, excepting, however, bicycles, snowmobiles and devices used exclusively upon stationary rails or tracks. (See 625 ILCS Sec. 5/4-201)

24-6-2 ABANDONMENT.

(A) Highway. The abandonment of a motor vehicle or other vehicle or part thereof on any highway in this municipality is unlawful and subject to penalties as set forth herein.

(B) Private Property. The abandonment of a vehicle or any part thereof on private or public property other than a highway in view of the general public anywhere in this municipality is unlawful, except on property of the owner, or bailee of such abandoned vehicle.

(C) Owner’s Property. A vehicle or any part thereof so abandoned on private property shall be authorized for removal by the police department, after a waiting period of seven (7) days or more, or may be removed immediately if determined to be a hazardous dilapidated motor vehicle under Ch. 65 Sec. 5/11-40-3 of the Illinois Compiled Statutes. A violation of this section is subject to penalties as set forth in Section 1-1-20 of the Village Code. (See 625 ILCS Sec. 5/4-201)

24-6-3 POSSESSION OF VEHICLE BY OTHER PARTY; TOWING. Where an abandoned, lost, stolen or unclaimed motor vehicle or other vehicle comes into the temporary possession or custody of a person in this municipality who is not the owner, lienholder or other legally entitled person of the vehicle, such person shall immediately notify the Police Department when the vehicle is within the corporate limits of the municipality. Upon receipt of such notification, the Police Department or designated representative shall authorize a towing service to remove and take possession of the abandoned, lost, stolen or unclaimed motor vehicle or other vehicle. The towing service will safely keep the towed vehicle and its contents, maintain a record of the tow, as set forth in Section 24-6-5, until the vehicle is claimed by the owner, lienholder, or any other person legally entitled to possession thereof or until it is disposed of as provided in this Chapter. (See 625 ILCS Sec. 5/4-202)

24-6-4 REMOVAL OF MOTOR VEHICLES OR OTHER VEHICLES – TOWING OR HAULING AWAY.

(A) When a vehicle is abandoned or left unattended on a highway in an urban district for ten (10) hours or more, its removal by a towing service may be authorized by the Police Department.

(B) When an abandoned, unattended, wrecked, burned or partially dismantled vehicle is creating a traffic hazard because of its position in relation to the highway or its physical appearance is causing the impeding of traffic, its immediate removal from the highway or private property adjacent to the highway by a towing service may be authorized by the Police Department.

(C) When a vehicle removal from either public or private property is authorized by the Police Department, the owner, lienholder or other legally entitled person of the vehicle shall be responsible for all towing costs.

(D) The remaining provisions of Section 4-203 of Chapter 625, of the Illinois Compiled Statutes are hereby adopted by reference and the provisions thereof shall be controlling within the corporate limits of this municipality. (See 625 ILCS Sec. 5/4-203)

24-6-5 POLICE RESPONSIBILITIES. When a vehicle is authorized to be towed away as provided herein, the Police Department shall keep and maintain a record of the vehicle towed, listing by color, year of manufacture, manufacturer’s trade name, manufacturer’s series name, body style, vehicle identification number and license plate year and number displayed on the vehicle. The record shall also include the date and hour of tow, location towed from, location towed to, reason for towing and the name of the officer authorizing the tow. (See 625 ILCS Sec. 5/4-204)

24-6-6 UNKNOWN OWNER. When the Police Department does not know the identity of the registered owner, lienholder or other legally entitled person, they will cause the motor vehicle registration records of the State of Illinois to be searched by a directed communication to the Secretary of State for the purpose of obtaining the required ownership information.

The Police Department authorizing the impoundment shall cause the stolen motor vehicle files of the Illinois State Police to be searched by a directed communication to the Illinois State Police for stolen or wanted information of the vehicle. The information determined from these record searches shall be used by the Police Department in sending notification by certified mail to the owner, lienholder or legally entitled person advising where the vehicle is held, requesting a disposition to be made and setting forth public sale information. (See 625 ILCS Sec. 5/4-205)

24-6-7 IDENTIFYING AND TRACING VEHICLE. When the registered owner, lienholder, or other person legally entitled to the possession of a motor vehicle or other vehicle cannot be identified from the registration files of this State or from the registration files of a foreign state, if applicable, the Police Department shall notify the Illinois State Police for the purpose of identifying the vehicle’s owner, lienholder, or other person legally entitled to the possession of the vehicle. The information obtained by the Illinois State Police shall be immediately forwarded to the Police Department having custody of the vehicle for notification purposes as set forth in Section 24-6-6 of this Chapter. (See 625 ILCS Sec. 5/4-206)

24-6-8 RECLAIMED VEHICLES – EXPENSES. Any time before a motor vehicle or other vehicle is sold at public sale or disposed of as provided in Section 24-6-9, the owner, lienholder, or other person legally entitled to its possession may reclaim the vehicle by presenting to the Police Department proof of ownership or proof of the right to possession of the vehicle. No vehicle shall be released to the owner, lienholder, or other legally entitled person under this section until all towing and storage charges have been paid. (See 625 ILCS Sec. 5/4-207)

24-6-9 DISPOSAL OF UNCLAIMED VEHICLE. Whenever an abandoned, lost, stolen, or unclaimed motor vehicle or other vehicle seven (7) years of age or newer remains unclaimed by the registered owner, lienholder, or other person legally entitled to its possession for a period of thirty (30) days after notice has been given as provided herein, the Police Department having possession of the vehicle shall cause it to be sold at public auction to a person licensed as an automatic parts recycler, rebuilder or scrap processor under Article 5 of Chapter 625, of the Illinois Compiled Statutes. Notice of the time and place of the sale shall be posted in a conspicuous place for at least ten (10) days prior to the sale on the premises where the vehicle has been impounded. At least ten (10) days prior to the sale, the Police Department shall cause a notice of the time and place to be sent by certified mail to the registered owner, lienholder, or other person known by the Police Department or towing service to be legally entitled to the possession of the vehicle. Such notice shall contain a complete description of the vehicle to be sold and what steps must be taken by any legally entitled person to reclaim the vehicle.

In those instances where the certified notification specified herein has been returned by the postal authorities to the Police Department due to the addressee having moved or being unknown at the address obtained from the registration records of this State, the sending of a second certified notice shall not be required.

24-6-10 DISPOSAL OF UNCLAIMED VEHICLES WITHOUT NOTICE.

(A) New Car. When the identity of the registered owner, lienholder, or other person legally entitled to the possession of an abandoned, lost, or unclaimed vehicle of seven (7) years of age or newer cannot be determined by any means provided for in this Chapter, the vehicle may be sold as provided for in Section 24-6-9 of this Code without notice to any person whose identity cannot be determined.

(B) Old Car. When an abandoned vehicle of more than seven (7) years of age is impounded as specified by this Code, it shall be kept in custody for a minimum of ten (10) days for the purpose of determining the identity of the registered owner and lienholder and contacting the registered owner and lienholder by the U.S. Mail, public service or in person for a determination of disposition; and an examination of the Illinois State Police stolen motor vehicle files for theft and wanted information. (At the expiration of the ten (10) day period without the benefit of disposition information being received from the registered owner, lienholder or other legally entitled person, the Chief of Police shall authorize the disposal of the vehicle as junk.)

(C) Antique Vehicle. A vehicle classified as an antique vehicle may, however, be sold to a person desiring to restore it. (See 625 ILCS Sec. 5/4-209)

24-6-11 POLICE RECORD FOR DISPOSED VEHICLE. When a motor vehicle or other vehicle in the custody of the Police Department is reclaimed by the registered owner, lienholder, or other legally entitled person or when the vehicle is sold at public sale or otherwise disposed of as provided in this Chapter, a report of the transaction shall be maintained by the Police Department for a period of one (1) year from the date of the sale or disposal. (See 625 ILCS Sec. 5/4-210)

24-6-12 PUBLIC SALE PROCEEDS. When a vehicle located within the corporate limits of this municipality is authorized to be towed away by the Police Department and disposed of as set forth in this Code, the proceeds of the public sale or disposition, after the deduction of towing, storage and processing charges, shall be deposited in the municipal treasury. (See 625 ILCS Sec. 5/4-211)

24-6-13 LIABILITY. A law enforcement officer or agency, towing service owner, operator or employee shall not be held to answer or be liable for damages in any action brought by the registered owner, former registered owner or his legal representative, lienholder, or any other person legally entitled to the possession of a vehicle when the vehicle was processed and sold or disposed of as provided by this Code. (See 625 ILCS Sec. 5/4-213)

24-6-14 PENALTY.

(A) Any person who violates or aids and abets in the violation of this Article, upon conviction, shall be fined not less than One Hundred Twenty Dollars ($120.00) nor more than Seven Hundred Fifty Dollars ($750.00), and

(B) shall be required by the Court to make a disposition on the abandoned or unclaimed vehicle and pay all towing and storage charges pursuant to this Article. (See 625 ILCS Sec. 5/4-214)

(Ord. #670; 1/13/2011)

CITATION FORM

NO. _________________________________________________________________________

DATE _________________________________ TIME ______________________________

LICENSE NO. __________________________ STATE _____________________________

LICENSE EXPIRES ______________________ MAKE OF VEHICLE ________________

 

METER NUMBER _______________________ OFFICER __________________________

YOU ARE CHARGED WITH THE VIOLATION MARKED BELOW:

1. Overparked, Two Hour Zone $10.00 [ ]

2. Double Parked $10.00 [ ]

3. Parked at Fire Plug $10.00 [ ]

4. Blocking Driveway or Alley $10.00 [ ]

5. Parked Where Official Signs Erected $10.00 [ ]

6. Improper Parking $10.00 [ ]

7. Yellow Line $10.00 [ ]

8. Each Additional Hour Violation $10.00 [ ]

9. Parking on Sidewalk $10.00 [ ]

NAME _______________________________________________________________________

ADDRESS ___________________________________________________________________

VILLAGE STATE ZIP CODE

You may settle and compromise a claim for illegal parking by paying the sum set forth above for the first particular violation and the same sum shall apply for the same particular offense for the second and each subsequent violation within 5 days after the time set out above. If not paid within this time limit, an Enforcement Warrant will be issued and an assessment of not less than $15.00 will be collected.

FOR YOUR CONVENIENCE

After detaching your Ticket Stub, place the fine in the envelope and deposit at Village Hall.

SCHEDULE “A”

STOP INTERSECTIONS

In accordance with the provisions of Section 24-3-1 and 24-3-3 of this Chapter, the following streets are hereby designated as stop intersections, to-wit:

I. ONE-WAY AND TWO-WAY STOPS.

THROUGH STREETS STOP STREETS – DIRECTION

Broadway St. Main St. (Northwest Bd.) (#203)

Chestnut St. Main St. (Northwest Bd.) (#219)

Church St. Broadway St. (Northeast Bd.) (#203)

Erwin St. Lynn St. (Northwest Bd.) (#436)

Magnolia St. Park St. (Northwest Bd.) (#436)

Main St. Chestnut St. (Southeast Bd.) (#203)

II. FOUR-WAY STOP INTERSECTIONS.

Lynn St. and Vine St. (#425)

III. TRUCK ROUTES.

That portion of Chestnut Street in the Village of Louisville, beginning at the intersection of Church Street and Chestnut Street, and extending west to the intersection of Chestnut Street and U.S. Route 45, is designated as a Class III Truck Route with a 80,000 pound load limit.

SCHEDULE “B”

ONE-WAY STREETS

In accordance with the provision of Section 24-3-2, the following are hereby designated as one-way streets, to-wit:

STREET – DIRECTION LOCATION

Broadway St. (Northeast) From Church St. to Main St.

Church St. (Southeast) From Chestnut St. to Broadway St.

Main St. (Northwest) From Broadway St. to Chestnut St.

(Ord. Nos. 219A; 213; 203)

SCHEDULE “C”

YIELD INTERSECTIONS

In accordance with the provision of Section 24-3-4, the following streets are hereby designated as yield right-of-way intersections, to-wit:

THROUGH STREETS YIELD STREETS

Erwin St. Lynn St. (Northwest)

Magnolia St. Park St. (Northwest Bd.)

SCHEDULE “D”

SPEED ZONES

In accordance with the provisions of Section 24-4-2(F), the following streets are hereby designated as speed zones, to-wit:

STREET – LIMIT LOCATION

Public Park (10 MPH) All Streets (#197)

Broadway St. (20 MPH) Between Church St. and Main St. (#219A)

Chestnut St. (20 MPH) Between Main St. and Church St. (#219A)

Church St. (20 MPH) Between Chestnut St. and Broadway St.

Main St. (20 MPH) Between Broadway St. and Chestnut St. (#219A)

SCHEDULE “E”

NO PARKING ZONES

In accordance with the provisions of Section 24-6-4(C), the following streets are hereby designated as no parking zones, to-wit:

STREET – SIDE LOCATION

Chestnut St. (Both) From Main St. west 31 feet (#346)

Chestnut St. (Northeast) From Church St. west 15 feet (#346)

Chestnut St. (Southwest) From Church St. east 15 feet (#346)

U.S. Route 45 (Both) Entire Highway (#449)

SCHEDULE “F”

LIMITED PARKING ZONES

In accordance with the provisions of Section 24-6-4(C), the following streets are hereby designated as no parking zones, to-wit:

STREET – SIDE LOCATION

It is declared to be unlawful for any person to park an automobile, truck, wagon, buggy, cart or any other motor propelled or horse-drawn vehicle, or to stop the same for a longer period than twenty minutes at any one time, in the alley at rear of lots fronting on Church Street, between Main and Chestnut Streets, in the Village.

SCHEDULE G

VILLAGE HIKING TRAIL LEGAL DESCRIPTION

FOR NO-MECHANIZED-VEHICLE-ALLOWED ZONE

(12.22 acres – Parcel ID # 06-26-100-015 in Clay County, Illinois

– formerly and commonly known as part of the old B & O Springfield to

Boody Branch railroad right-of-way property located south of the village)

In accordance with the provisions of Section 24-516, the following area is hereby designated as a No Mechanized Vehicle Zone, to-wit:

LEGAL DESCRIPTION: All of a strip of land, 100 feet in width, all of the former Prairie Trunk Railway corridor of land situated upon and through Section 26, Township 4 North, Range 6 East of the Third Principal Meridian, Clay County, Illinois, and containing 12. 4 acres, more or less (said strip of land also commonly known as the old B & O Springfield to Boody Branch railroad right-of-way property as more particularly described in a deed dated March 31, 1983, recorded on October 7, 1983 in the Office of the Recorder of Clay County, Illinois, as Document No. 67,565, from the Baltimore and Ohio Railroad Company to Prairie Trunk Railway);

LESS and EXCEPT all that part of a tract of land conveyed to Goodman Steel, Inc., as contained and described in a Warranty Deed dated January 13, 1994 and recorded January 13, 1994, as Document No. 107,000, in the Office of the Recorder of Clay County, Illinois, and being more particularly described as follows: Part of the Southwest Quarter of Section 26, Township 4 North, Range 6 East of the Third Principal Meridian of Clay County, Illinois, more particularly described as follows: Beginning at a point being the Northeast Corner of a certain tract of land conveyed to Goodman Steel, Inc., an Illinois corporation, in a Warranty Deed dated December 9, 1992 and recorded December 10, 1992 in the Office of the Recorder of Clay County, Illinois as Document No. 103,089; thence East a distance of 25 feet to a point; thence South 300 feet along a line parallel to the West line of the Old Baltimore & Ohio Railroad right-of-way to a point; thence West 25 feet to a point being on the West line of the Old Baltimore & Ohio Railroad right-of-way; thence North along the Old Baltimore & Ohio Railroad right-of-way a distance of 300 feet to a point, being the point of beginning, said excepted tract containing .18 acres, more or less.

Said real estate parcel being described herein this ordinance being denoted as PIN# 06-26-100-015 and containing a net acreage, after subtracting said exception, a net total of 12.22 acres, more or less, and all located in the County of Clay, State of Illinois.

(Ord #630; 11/13/2008)

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