TITLE VII: TRAFFIC CODE

Chapter

70. GENERAL REGULATIONS

71. TRAFFIC-CONTROL REGULATIONS

72. PARKING REGULATIONS

73. BICYCLES, TOY VEHICLES, AND MOTORCYCLES

74. PEDESTRIANS

75. VEHICLE CONDITIONS, EQUIPMENT, AND LOADS

76. MOTOR VEHICLE OFFENSES

77. TRAFFIC SCHEDULES

78. PARKING SCHEDULES

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CHAPTER 70: GENERAL REGULATIONS

Section

Generally

70.001 Definitions 70.002 Adoption of Illinois State Vehicle Code

Obedience to and Effect of Traffic Laws

70.015 Obedience to police officers 70.016 Public officers and employees to obey traffic code; exceptions 70.017 Traffic laws apply to persons riding animals or driving animal-drawn vehicles 70.018 Fleeing or attempted to elude police officer

Traffic Signs, Signals and Markings

70.030 Obedience to traffic-control devices 70.031 Traffic-control signal legend 70.032 Pedestrian-control signals 70.033 Lane-control signals 70.034 Flashing signals 70.035 Display of unauthorized signs, signals, markings or advertising signs 70.036 Interference with official traffic-control devices or railroad signs or signals 70.037 Unlawful use or damage to highways, appurtenances and structures 70.038 Unlawful possession of highway sign or marker 70.039 Zones of quiet 70.040 No-turning signs and turning markers 70.041 Stop and yield signs 70.042 Posting signs 70.043 Shopping centers powers to contract

Administration

70.055 Generally 70.056 Duty of Traffic Division 70.057 Records of traffic violations

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70.058 Accident investigations 70.059 Accident studies 70.060 Accident reports 70.061 Annual traffic safety report 70.062 Traffic Engineer 70.063 Traffic-control regulations and devices 70.064 Traffic Commission

Impoundment of Motor Vehicle

70.080 Definitions 70.081 Violations authorizing impoundment 70.082 Seizure and impoundment 70.083 Administrative hearing 70.084 Disposition of impounded motor vehicle 70.085 Motor vehicle possession 70.086 Towing agency 70.087 Administrative fee

Abandoned Vehicles

70.100 Definitions 70.101 Abandonment 70.102 Possession of vehicle by other party; towing 70.103 Removal of motor vehicles or other vehicles; towing or hauling away 70.104 Police responsibilities 70.105 Unknown owner 70.106 State Police information 70.107 Public sale; reclamation 70.108 Disposal of unclaimed vehicles 70.109 Police record for disposed vehicle 70.110 Public sale proceeds 70.111 Liability of village, officers, agencies, and towing services 70.112 Authorization of bond fees

70.999 Penalty

2018 S-1 General Regulations 5

GENERALLY

§ 70.001 DEFINITIONS.

For the purpose of this title, the following definitions shall apply unless the context clearly indicates or requires a different meaning. For any terms not defined herein, the Illinois Vehicle Code, 625 ILCS 5/1, entitled “Titles and Definitions” shall apply and supplement these definitions to the extent that the Illinois Vehicle Code contains those terms.

ALLEY. A public way within a block, generally giving access to the rear of lots or buildings, and not used for general traffic circulation. (625 ILCS 5/1-102)

ARTERIAL STREET. Any U.S.- or state-numbered route, controlled-access highway or other major radial or circumferential street or highway designated by local authorities within their respective jurisdiction as part of a major arterial system of streets or highways. (70 ILCS 1205/3-9)

AUTHORIZED EMERGENCY VEHICLE. Emergency vehicles of village departments or public service corporations as are designated or authorized by proper local authorities; police vehicles; vehicles of the Fire Department; vehicles of a HazMat or technical rescue team authorized by a county board under 55 ILCS 5/5-1127; ambulances; vehicles of the State Department of Corrections; vehicles of the Illinois Department of Juvenile Justice; vehicles of the State Emergency Management Agency; mine rescue and explosives emergency response vehicles of the Department of Natural Resources; vehicles of the State Department of Public Health; vehicles of the State Toll Highway Authority with a gross vehicle weight rating of 9,000 pounds or more and those identified as Highway Emergency Lane Patrol; vehicles of the State Department of Transportation identified as Emergency Traffic Patrol; and vehicles of a municipal or county emergency services and disaster agency as defined by the State Emergency Management Act, 20 ILCS 3305/1 et seq. (625 ILCS 5/1-105)

BICYCLE. Every device propelled by human power upon which any person may ride, having two tandem wheels, except scooters and similar devices. (625 ILCS 5/1-106)

BUS. Every motor vehicle, other than a commuter van, designed for carrying more than ten persons. (625 ILCS 5/1-107)

BUSINESS DISTRICT. The territory contiguous to and including a highway when within 600 feet along the highway there are buildings in use for business or industrial purposes, including, but not limited to, hotels, banks or office buildings, railroad stations and public buildings which occupy at least 300 feet of frontage on one side, or 300 feet collectively on both sides of the highway. (625 ILCS 5/1-108)

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COMMERCIAL VEHICLE. Any vehicle operated for the transportation of persons or property in the furtherance of any commercial or industrial enterprise, for-hire or not-for-hire, but not including a commuter van, a vehicle used in a ridesharing arrangement when being used for that purpose or a recreational vehicle not being used commercially. (625 ILCS 5/1-111.8)

CONTROLLED-ACCESS HIGHWAY. Every highway, street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same, except at such points only and in such manner as may be determined by the public authority having jurisdiction over the highway, street or roadway. (625 ILCS 5/1-112)

CROSSWALK.

(1) The part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway, and in the absence of a sidewalk on one side of a highway, that part of the highway included within the extension of the lateral line of the existing sidewalk to the side of the highway without the sidewalk, with the extension forming a right angle to the centerline of the highway; and

(2) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface, placed in accordance with the provisions in the manual adopted by the Department of Transportation as authorized in 625 ILCS 5/11-301. (625 ILCS 5/1-113)

DRIVER. Every person who drives or is in actual physical control of a vehicle. (625 ILCS 5/1-116)

ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE. A self-balancing, two non-tandem wheeled device designed to transport only one person with an electric propulsion system that limits the maximum speed of the device to 15 mph or less. (625 ILCS 5/1-117.7)

FARM TRACTOR. Every motor vehicle designed and used primarily as a farm implement for drawing wagons, plows, mowing machines and other implements of husbandry, and every implement of husbandry which is self-propelled excluding all-terrain vehicles and off-highway motorcycles as defined in 625 ILCS 5. (625 ILCS 5/1-120)

FIRE DEPARTMENT VEHICLE. Any vehicle, bicycle or electric personal assistive mobility device that is designated or authorized by proper local authorities for Fire Department use. (625 ILCS 5/1-120.7) General Regulations 7

GROSS WEIGHT. The weight of a vehicle, whether operated singly or in combination, without load, plus the weight of load thereon. (625 ILCS 5/1-125)

HEARING OFFICER. Person who shall be appointed by the Village Mayor for a term of one year, and shall be confirmed by a simple majority vote of approval by the Village Board. Compensation shall be determined by the Village Board upon the person's confirmation. Shall have authority as described herein.

HIGHWAY. The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel or located on public school property. (625 ILCS 5/1-126)

IMPLEMENT OF HUSBANDRY. Every vehicle designed and adapted exclusively for agricultural, horticultural or livestock raising operations, including farm wagons, wagon trailers or like vehicles used in connection therewith, or for lifting or carrying an implement of husbandry; provided that, no farm wagon, wagon trailer or like vehicle having a gross weight of more than 36,000 pounds shall be included hereunder. (625 ILCS 5/1-130)

IMPROVED HIGHWAY. Any roadway of concrete, brick, asphalt, macadam and crushed stone or gravel. (625 ILCS 5/1-131)

INTERSECTION. The area embraced within the prolongation or connection of the lateral curb lines or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles or the area within which vehicles traveling upon different roadways joining at any other angle may come in conflict.

(1) Where a highway includes two roadways 40 feet or more apart, then every crossing of each roadway of the divided highway by an intersecting highway shall be regarded as a separate intersection.

(2) The junction of an alley with a street or highway does not constitute an INTERSECTION. (625 ILCS 5/1-132)

LANE-CONTROL SIGNAL. An official traffic- control device consisting of an electrically controlled and illuminated signal of a square or rectangular design, and employing distinctive colors or symbols used to control the direction of vehicular flow on the particular lane to which the indication applies. (625 ILCS 5/1-135) 8 Swansea - Traffic Code

LANED ROADWAY. A roadway which is divided into two or more clearly marked lanes for vehicular traffic. (625 ILCS 5/1-136)

LEASE. A written document vesting exclusive possession, use, control and responsibility of the lessee during the periods the vehicle is operated by or for the lessee for a specific period of time. (625 ILCS 5/1-137)

LICENSE TO DRIVE. Any driver's license or any other license or permit to operate a motor vehicle issued under the laws of the state including:

(1) Any temporary license or instruction permit;

(2) The privilege of any person to drive a motor vehicle, whether or not the person holds a valid license or permit; and

(3) Any non-resident's driving privilege, as defined herein. (625 ILCS 5/1-138)

LIMOUSINE. Any privately owned First Division vehicle intended to be used for the transportation of persons for-hire when the payment is not based on a meter charge, but is prearranged for a designated destination. (625 ILCS 5/1-139.1)

LOCAL AUTHORITIES. Every county, city, village and other local board or body having authority to enact laws relating to traffic under the constitution and laws of this state and each Road District Highway Commissioner having that authority. (625 ILCS 5/1-140)

LOW-SPEED ELECTRIC BICYCLE. The term has the same meaning ascribed to it by § 38 of the Consumer Product Safety Act (15 U.S.C. § 2085). (625 ILCS 5/1-140.10)

LOW-SPEED GAS BICYCLE. A two- or three-wheeled device with fully operable pedals and a gasoline motor of less than one horsepower, whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170 pounds, is less than 20 mph. (625 ILCS 5/1-140.15)

MAIL. To deposit in the United States mail properly addressed and with postage prepaid. (625 ILCS 5/1-141) General Regulations 9

MOPED. A motor-driven cycle, with or without optional power derived from manually operated pedals, whose speed attainable in one mile is at least 20 mph, but not greater than 30 mph, and is equipped with a motor that produces two brake horsepower or less. If an internal combustion engine is used, the displacement shall not exceed 50 cubic centimeter displacement and the power drive system shall not require the operator to shift gears. (625 ILCS 5/1-148.2)

MOTOR VEHICLE. Every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except for vehicles moved solely by human power, motorized wheelchairs, low-speed electric bicycles and low- speed gas bicycles. For this section, MOTOR VEHICLES are divided into two divisions:

(1) FIRST DIVISION. Motor vehicles designed for carrying not more than ten persons; and

(2) SECOND DIVISION. Motor vehicles designed for carrying more than ten persons, those designed or used for living quarters, and those motor vehicles which are designed for pulling or carrying freight or cargo, and those motor vehicles of the First Division remodeled for use and used as motor vehicles of the Second Division. (625 ILCS 5/1-146)

MOTOR-DRIVEN CYCLE. Every motorcycle and every motor scooter with less than 150 cubic centimeter piston displacement, including motorized pedalcycles. (625 ILCS 5/1-145.001)

MOTORCYCLE. Every motor vehicle having a seat or saddle for the use of the rider, and designed to travel on not more than three wheels in contact with the ground, but excluding an autocycle or tractor. (625 ILCS 5/1-147)

MOTORIZED WHEELCHAIR. Any self- propelled vehicle, including a three-wheeled vehicle, designed for and used by a person with disabilities, that is incapable of a speed in excess of eight mph on level ground. (625 ILCS 5/1-148.3)

MULTIFUNCTION SCHOOL ACTIVITY BUS (MFSAB). A school bus manufactured for the purpose of transporting 11 or more persons, including the driver, whose purposes do not include transporting students to and from home or school bus stops. A MFSAB is prohibited from meeting the special requirements for school buses in 625 ILCS 5/12-801, 5/12-803 and 5/12-805, and 625 ILCS Act 5/12-802(a). (625 ILCS 5/l-148.3a-5)

NON-COMMERCIAL VEHICLE. Any vehicle that is not a commercial vehicle. (625 ILCS 5/1-151) 10 Swansea - Traffic Code

NOT-FOR-HIRE. Operation of a commercial vehicle in furtherance of any commercial or industrial enterprise, but not-for-hire. (625 ILCS 5/1-153)

OFFICIAL TRAFFIC-CONTROL DEVICES. All signs, signals, markings and devices which conform with the state manual, and not inconsistent with this title, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic. (625 ILCS 5/1-154)

OWNER. A person who holds legal title of a motor vehicle, or in the event a motor vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement, and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of the motor vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this title. (625 ILCS 5/1-155)

PARK or PARKING. The standing of a vehicle, whether occupied or not, otherwise than when temporarily and actually engaged in loading or unloading merchandise or passengers. (625 ILCS 5/1-156)

PASSENGER CAR. A motor vehicle of the First Division, including a multipurpose passenger vehicle, that is designed for carrying not more than ten persons. (625 ILCS 5/1-157)

PEACE OFFICER. Any person who by virtue of his or her public employment is vested by law with a duty to maintain public order or to make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses. (625 ILCS 5/1-157.5)

PEDESTRIAN. Any person afoot, including a person with a physical, hearing or visual disability. (625 ILCS 5/1-158)

PERSON WITH DISABILITIES. A natural person who, as determined by a licensed physician, by a licensed physician assistant, or by a licensed advanced practice nurse:

(1) Cannot walk without the use of, or assistance from, a brace, cane, crutch, another person, prosthetic device, wheelchair or other assistive device;

(2) Is restricted by lung disease to such an extent that his or her forced (respiratory) expiratory volume for one second, when measured by spirometry, is less than one liter, or the arterial oxygen tension is less than 60 mm/hg on room air at rest;

(3) Uses portable oxygen; General Regulations 11

(4) Has a cardiac condition to the extent that the person's functional limitations are classified in severity as class III or class IV, according to standards set by the American Heart Association;

(5) Is severely limited in the person's ability to walk due to an arthritic, neurological, oncological or orthopedic condition;

(6) Cannot walk 200 feet without stopping to rest because of one of the above five conditions; or

(7) Is missing a hand or arm or has permanently lost the use of a hand or arm. (625 ILCS 5/1-159.1)

POLICE OFFICER. Every officer authorized to direct or regulate traffic, or to make arrests and issue citations for violations of traffic regulations. (625 ILCS 5/1-162)

POLICE VEHICLE. Any vehicle, bicycle or electric personal assistive mobility device that is designated or authorized by proper local authorities for police use. (625 ILCS 5/1 -162.3)

PRINCIPAL PLACE OF BUSINESS. The place where any person transacts his or her principal business, or where he or she makes up and approves his or her payroll, maintains a central file of records, and maintains his or her principal executive offices. In the event that not all of these functions are performed in one place, then that place where a majority of these functions are performed, or the place where the person does in fact principally transact and control his or her business affairs shall be considered as the PRINCIPAL PLACE OF BUSINESS. (625 ILCS 5/1-162.5)

PRIVATE ROAD or DRIVEWAY. Every way or place in private ownership, and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons. (625 ILCS 5/1-163)

RAILROAD. A carrier of persons or property upon cars, other than streetcars, operated upon stationary rails. (625 ILCS 5/1-166)

RAILROAD-HIGHWAY GRADE CROSSING. The intersection of stationary rails owned or used in the operation of a railroad corporation across a highway. (625 ILCS 5/1-166.1)

RAILROAD SIGNS or SIGNAL. Any sign, signal or device, other than an official traffic- control signal or device, erected in accordance with the laws governing the same, and intended to give notice of the presence of railroad tracks or the approach of a railroad train or railroad track equipment. (625 ILCS 5/1-167) 12 Swansea - Traffic Code

RAILROAD TRACK EQUIPMENT. All vehicles operated upon rails for the purpose of the maintenance of railroads including, but not limited to, all hi-rail vehicles and on-track roadway maintenance machines, as defined in 49 C.F.R. part 214.7. (625 ILCS 5/1-167.5)

RAILROAD TRAIN. A steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails, except streetcars. (625 ILCS 5/1-168)

RECREATIONAL VEHICLE. Every camping trailer, motor home, mini motor home, travel trailer, truck camper or van camper used primarily for recreational purposes, and not used commercially nor owned by a commercial business. (625 ILCS 5/1-169)

REGISTRATION. The registration certificate or certificates and registration plates issued under the laws of the state pertaining to the registration of vehicles. (625 ILCS 5/1-171)

REGISTRATION STICKER. A device to be attached to a rear registration plate that will renew the registration and registration plate or plates for a predetermined period, not to exceed one registration year, except as provided in 625 ILCS 5/3-414(l). Should the Secretary of State determine it is advisable to require a registration sticker to be attached to a front registration plate, he or she may require such action and provide the necessary additional sticker. Such determination shall be publicly announced at least 30 days in advance of a new annual registration year. (625 ILCS 5/1-171)

REMOVE. Includes removing, defacing, covering or destroying.

RESCUE SQUAD. A voluntary association of individuals, or a fire department, dedicated to saving lives through the rescue of persons entrapped in wrecked vehicles or other hazardous circumstances, and associated with some unit of government. (625 ILCS 5/1-171.6)

RESCUE VEHICLE. Any publicly or privately owned vehicle which is specifically designed, configured and equipped for the performance of access and extrication of persons from hazardous or life-endangering situations, as well as for the emergency transportation of persons who are sick, injured, wounded or otherwise incapacitated or helpless. (625 ILCS 5/1-171.8)

RESIDENCE DISTRICT.

(1) The territory contiguous to and including a highway, not comprising a business district, when the property on the highway for a distance of 300 feet or more is in the main improved with residences or residences and buildings in use for business.

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(2) For purposes of establishing maximum speed limits, a RESIDENCE DISTRICT shall be at least a quarter of a mile long with residences or residences and buildings in use for businesses spaced no more than 500 feet apart. (625 ILCS 5/1-172)

RETAIL SALE. The act or attempted act of selling vehicles or otherwise disposing of a vehicle to a person for use as a consumer. (625 ILCS 5/1-174)

REVOCATION OF DRIVER'S LICENSE. The termination by formal action of the Secretary, of a person's license or privilege to operate a motor vehicle on the public highways, which termination shall not be subject to renewal or restoration, except that an application for a new license may be presented and acted upon by the secretary after the expiration of at least one year after the date of revocation. (625 ILCS 5/1-176)

RIGHT-OF-WAY. The right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision, unless one grants precedence to the other. (625 ILCS 5/1-177)

ROAD TRACTOR. Every motor vehicle designed and used for drawing other vehicles, and not so constructed as to carry any load thereon, either independently or any part of the weight of a vehicle or load so drawn. (625 ILCS 5/1-178)

ROADWAY. The portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways, the term ROADWAY, as used herein, shall refer to any such roadway separately, but not to all the roadways collectively. (625 ILCS 5/1-179)

SAFETY ZONE. The area or space officially set apart within a roadway for the exclusive use of pedestrians, and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone. (625 ILCS 5/1-181)

SCHOOL BUS.

(1) Every motor vehicle, except as provided in division (2) below, owned or operated by or for any of the following entities for the transportation of persons regularly enrolled as students in grade 12 or below in connection with any activity of the entity:

(a) A public or private primary or secondary school; 14 Swansea - Traffic Code

(b) A primary or secondary school operated by a religious institution; or

(c) Any public, private or religious nursery school.

(2) This definition does not include the following:

(a) A bus operated by a public utility, municipal corporation or common carrier authorized to conduct local or interurban transportation of passengers when the bus is not traveling a specific school bus route, but is:

1. On a regularly scheduled route for the transportation of other fare-paying passengers;

2. Furnishing charter service for the transportation of groups on field trips or other special trips or in connection with special events; or

3. Being used for shuttle service between attendance centers or other educational facilities.

(b) A motor vehicle of the First Division; or

(c) A multi-function school-activity bus. (625 ILCS 5/1-182)

SEMITRAILER. Every vehicle without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle, and so constructed its weight and that of its load rests upon or is carried by another vehicle. (625 ILCS 5/1-187)

SHOULDER. The portion of the highway adjacent to the roadway for accommodating stopped vehicles or for emergency use. (625 ILCS 5/1-187.1)

SIDEWALK. The portion of a street between the curb lines, or the lateral lines of roadway and the adjacent property lines, intended for use of pedestrians. (625 ILCS 5/1-188)

SPEED-CHANGE LANE. An auxiliary lane, including tapered areas, primarily for the acceleration or deceleration of vehicles entering or leaving the through traffic lanes. (625 ILCS 5/1-193)

STAND or STANDING. The halting of a vehicle, whether occupied or not, otherwise than when temporarily and actually engaged in receiving or discharging passengers. (625 ILCS 5/1-194) General Regulations 15

STATE. A state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico or a province of the Dominion of Canada. (625 ILCS 5/1-195)

STATE HIGHWAYS. Defined in the Illinois Highway Code as the same may from time to time be amended. (625 ILCS 5/1-196)

STATE POLICE. The Illinois State Police. (625 ILCS 5/1-197)

STOP. The complete cessation from movement. (625 ILCS 5/1-199)

STOP or STOPPING. Any halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic, or in compliance with the directions of a police officer or traffic-control sign or signal. (625 ILCS 5/1-200)

STREET. The entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. (625 ILCS 5/1-201)

SUBURBAN DISTRICT. The portion of any city, village or incorporated town, other than the business and residence districts. (625 ILCS 5/1-203)

THROUGH HIGHWAY. Every highway or portion thereof on which vehicular traffic is given preferential right-of-way, and at the entrances to which vehicular traffic from intersecting highways is required by law to yield the right-of-way to vehicles on the through highway in obedience to either a stop sign or a yield sign, when those signs are erected as provided in this title. (625 ILCS 5/1-205)

TOW TRUCK. Every truck designed or altered and equipped for and used to push, tow, carry upon, or draw vehicles by means of a crane, hoist, towbar, towline or auxiliary axle, or carried upon to render assistance to disabled vehicles, except for any truck tractor temporarily converted to a tow truck by means of a portable wrecker unit attached to the fifth wheel of the truck tractor and used only by the owner to tow a disabled vehicle also owned by him or her and never used for hire. (625 ILCS 5/1-205.1)

TRAFFIC. Pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances either singly or together while using any highway for purposes of travel. (625 ILCS 5/1-207) 16 Swansea - Traffic Code

TRAFFIC REGULATIONS. Any provision of this code or other regulatory ordinance the purpose of which is to directly control or improve traffic and safety of both vehicles and pedestrians.

TRAFFIC-CONTROL SIGNAL. Any official traffic-control device other than a railroad sign or signal, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed. (625 ILCS 5/1-208)

TRAILER. Every vehicle without motive power in operation, other than a pole trailer, designed for carrying persons or property, and for being drawn by a motor vehicle, and so constructed that no part of its weight rests upon the towing vehicle. (625 ILCS 5/1-209)

TRAVEL TRAILER. A trailer, not used commercially, designed to provide living quarters for recreational, camping or travel use, and of a size or weight not requiring an over-dimension permit when towed on a highway. (625 ILCS 5/1-210.01)

TRUCK. Every motor vehicle designed, used or maintained primarily for the transportation of property. (625 ILCS 5/1-211)

TRUCK CAMPER. A truck, not used commercially, when equipped with a portable unit designed to be loaded onto the bed which is constructed to provide temporary living quarters for recreational, travel or camping use. (625 ILCS 5/1-211.01)

TRUCK TRACTOR. Every motor vehicle designed and used primarily for drawing other vehicles, and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn, or a power unit that carries as property motor vehicles when operating in combination with a semitrailer in transporting motor vehicles or any other commodity, including cargo or general freight, on a backhaul. (625 ILCS 5/1-212)

URBAN DISTRICT. The territory contiguous to and including any street which is built up with structures devoted to business, industry or dwelling houses, and situated at intervals of less than 100 feet for a distance of one-fourth of a mile or more. (625 ILCS 5/1-214)

URBAN AREA. An urban area is any incorporated or unincorporated area developed primarily for residential or business purposes. (625 ILCS 5/1-214.8)

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VEHICLE.

(1) Every device, in, upon or by which any person or property is or may be transported or drawn upon a highway or requiring a certificate of title under 625 ILCS 5/3-101(d), except devices moved by human power, devices used exclusively upon stationary rails or tracks, and snowmobiles as defined in the Snowmobile Registration and Safety Act.

(2) For the purposes of this definition, unless otherwise prescribed, a device shall be considered to be a VEHICLE until such time it either comes within the definition of a “junk vehicle”, as defined under this section, or a junking certificate is issued for it.

(3) For this section, VEHICLES are divided into two divisions:

(a) First Division: those motor vehicles which are designed for the carrying of not more than ten persons;

(b) Second Division: those vehicles which are designed for carrying more than ten persons; those designed or used for living quarters; those which are designed for pulling or carrying property, freight or cargo; those vehicles of the First Division remodeled for use and used as vehicles of the Second Division; and those vehicles of the First Division used and registered as school buses. (625 ILCS 5/1-217)

§ 70.002 ADOPTION OF ILLINOIS STATE VEHICLE CODE.

(A) Pursuant to § 20-204 of the Illinois Vehicle Code (625 ILCS 5/20-204), the Illinois Vehicle Code, including any subsequent amendment thereto or revision thereof, is hereby adopted by reference as if set out at length herein.

(B) Three copies of provisions of the Illinois Vehicle Code, as adopted in division (A) above, shall be on file in the office of the Village Clerk and there kept, available for public use, inspection and examination during named business hours.

(C) In referring to a violation of any of the provisions of the Illinois Vehicle Code, as adopted in division (A) above, except for provisions included in this code, the violation shall be noted by referring to division (A) above, and then citing the appropriate chapter and section number of the Illinois Vehicle Code as set forth therein.

(D) Words and phrases used in this title shall have the same meaning as that which is given to them in the Illinois Vehicle Code unless a separate meaning has been set forth herein.

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OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS

§ 70.015 OBEDIENCE TO POLICE OFFICERS.

(A) No person shall willfully fail or refuse to comply with any lawful order or direction of any police officer, firefighter, person authorized by a local authority to direct traffic, or school crossing guard invested by law with authority to direct, control or regulate traffic. (625 ILCS 5/11-203)

(B) The Fire Department officer in command, or any firefighter designated by him or her, may exercise the powers and authority of a police officer in directing traffic at the scene of any fire or where the Fire Department has responded to an emergency call for so long as fire department equipment is on the scene in the absence of or in assisting the police. Penalty, see § 70.999

§ 70.016 PUBLIC OFFICERS AND EMPLOYEES TO OBEY TRAFFIC CODE; EXCEPTIONS.

(A) The provisions of this traffic code applicable to the drivers of vehicles upon the highways shall apply to the drivers of all vehicles owned or operated by the United States, the state or any county, city, town, district or any other political subdivision of the state, except as provided in this section, and subject to specific exceptions as set forth in this title with reference to authorized emergency vehicles.

(B) The driver of an authorized emergency vehicle, when responding to an emergency call, or when in the pursuit of an actual or suspected violator of the law, or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions herein stated.

(C) The driver of an authorized emergency vehicle may:

(1) Park or stand, irrespective of the provisions of this traffic code;

(2) Proceed past a red or stop signal or stop sign, but only after slowing down as may be required and necessary for safe operation;

(3) Exceed the maximum speed limits so long as he or she does not endanger life or property; and

(4) Disregard regulations governing the direction of movement or turning in specified directions. General Regulations 19

(D) The exceptions herein granted to an authorized emergency vehicle, other than a police vehicle, shall apply only when the vehicle is making use of either an audible signal when in motion, or visual signals meeting the requirements of 625 ILCS 5/12-215.

(E) The foregoing provisions do not relieve the driver of an authorized emergency vehicle from the duty of driving with due regard for the safety of all persons, nor do these provisions protect the driver from the consequences of his or her reckless disregard for the safety of others.

(F) Unless specifically made applicable, the provisions of this traffic code shall not apply to persons, motor vehicles and equipment while actually engaged in work upon the highway, but shall apply to such persons and vehicles when traveling to or from work. (625 ILCS 5/11-205) Penalty, see § 70.999

§ 70.017 TRAFFIC LAWS APPLY TO PERSONS RIDING ANIMALS OR DRIVING ANIMAL-DRAWN VEHICLES.

Every person riding an animal or driving an animal-drawn vehicle upon a roadway shall be granted all of the rights, and shall be subject to all of the duties applicable to the driver of a vehicle by this chapter, except those provisions of this chapter which, by their very nature, can have no application. (625 ILCS 5/11-206) Penalty, see § 70.999

§ 70.018 FLEEING OR ATTEMPTING TO ELUDE POLICE OFFICER.

(A) It shall be unlawful for any driver or operator of a motor vehicle who, having been given a visual or audible signal by a police officer directing the driver or operator to bring his or her vehicle to a stop, willfully fails or refuses to obey that direction, increases his or her speed, extinguishes his or her lights, or otherwise flees or attempts to elude the officer.

(B) The signal given by the police officer may be by hand, voice, siren or a red or blue light.

(C) However, the officer giving the signal shall be in police uniform and, if driving a vehicle, the vehicle shall be marked showing it to be an official police vehicle. Penalty, see § 70.999

20 Swansea - Traffic Code

TRAFFIC SIGNS, SIGNALS AND MARKINGS

§ 70.030 OBEDIENCE TO TRAFFIC-CONTROL DEVICES.

(A) The driver of any vehicle shall obey the instructions of any official traffic-control device applicable thereto placed or held in accordance with this traffic code, unless otherwise directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this motor vehicle code.

(B) It is unlawful for any person to leave the roadway and travel across private property to avoid an official traffic-control device.

(C) No provision of this traffic code, for which official traffic-control devices are required, shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that official traffic-control devices are required, the section shall be effective even though no devices are erected or in place.

(D) Whenever any official traffic-control device is placed or held in position approximately conforming to the requirements of this traffic code, the device shall be presumed to have been so placed or held by the official act or direction of lawful authority, and comply with the requirements of this traffic code, unless the contrary shall be established by competent evidence.

(E) The driver of a vehicle approaching a traffic-control signal on which no signal light facing the vehicle is illuminated shall stop before entering the intersection, in accordance with rules applicable in making a stop at a stop sign. (625 ILCS 5/11-305) Penalty, see § 70.999

§ 70.031 TRAFFIC-CONTROL SIGNAL LEGEND.

Whenever traffic is controlled by traffic-control signals exhibiting different colored lights or color lighted arrows, successively one at a time or in combination, only the colors green, red and yellow shall be used, except for special pedestrian signals carrying a word legend, and the lights shall indicate and apply to drivers of vehicles and pedestrians as follows:

(A) Green indication.

(1) Vehicular traffic facing a circular green signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. Vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited. General Regulations 21

(2) Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by such arrow, or such other movement as is permitted by other indications shown at the same time. Such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.

(3) Unless otherwise directed by a pedestrian-control signal, as provided in 625 ILCS 5/11- 307, pedestrians facing any green signal, except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.

(B) Steady yellow indication.

(1) Vehicular traffic facing a steady circular yellow or yellow arrow signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter.

(2) Pedestrians facing a steady circular yellow or yellow arrow signal, unless otherwise directed by a pedestrian-control signal as provided in 625 ILCS 5/11-307, are thereby advised that there is insufficient time to cross the roadway before a red indication is shown and no pedestrian shall then start to cross the roadway.

(C) Flashing yellow arrow indication.

(1) Vehicular traffic facing a flashing yellow arrow indication may cautiously enter the intersection only to make the movement indicated by the arrow and shall yield the right-of-way to other vehicles and pedestrians lawfully within the intersection or an adjacent crosswalk at the time the signal is exhibited.

(2) Pedestrians facing a flashing yellow arrow indication, unless otherwise directed by a pedestrian-control signal as provided in 625 ILCS 5/11-307, may proceed across the roadway within any marked or unmarked crosswalk that crosses the lane or lanes used to depart the intersection by traffic controlled by the flashing yellow arrow indication. Pedestrians shall yield the right-of-way to vehicles lawfully within the intersection at the time that the flashing yellow arrow indication is first displayed.

(D) Steady red indication.

(1) Except as provided in divisions (3) and (4), below, vehicular traffic facing a steady circular red signal alone shall stop at a clearly marked stop line, but if there is no such stop line, before entering the crosswalk on the near side of the intersection, or if there is no such crosswalk, then before entering the intersection, and shall remain standing until an indication to proceed is shown.

(2) Except as provided in divisions (3) and (4), below, vehicular traffic facing a steady red arrow signal shall not enter the intersection to make the movement indicated by the arrow and, unless entering the intersection to make a movement permitted by another signal, shall stop at a clearly marked 22 Swansea - Traffic Code

stop line, but if there is no such stop line, before entering the crosswalk on the near side of the intersection, or if there is no such crosswalk, then before entering the intersection, and shall remain standing until an indication permitting the movement indicated by such red arrow is shown.

(3) Except when a sign is in place prohibiting a turn and local authorities by ordinance or state authorities by rule or regulation prohibit any such turn, vehicular traffic facing any steady red signal may cautiously enter the intersection to turn right, or to turn left from a one-way street into a one-way street, after stopping as required by divisions (1) and (2), above. After 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 or junction or roadways. Such driver shall yield the right-of-way to pedestrians within the intersection or an adjacent crosswalk.

(4) In municipalities with less than 2,000,000 inhabitants, after stopping as required by divisions (1) and (2), above, the driver of a motorcycle or bicycle, facing a steady red signal which fails to change to a green signal within a reasonable period of time not less than 120 seconds because of a signal malfunction or because the signal has failed to detect the arrival of the motorcycle or bicycle due to the vehicle's size or weight, shall have the right to proceed, after yielding the right-of- way to oncoming traffic facing a green signal, subject to the rules applicable after making a stop at a stop sign as required by 625 ILCS 5/11-1204.

(5) Unless otherwise directed by a pedestrian-control signal as provided in 625 ILCS 5/11- 307, pedestrians facing a steady circular red or red arrow signal alone shall not enter the roadway.

(E) Traffic-control signal located at other than in intersection. In the event an official traffic- control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to provisions which by their nature can have no application. Any stop required shall be at a traffic sign or a marking on the pavement indicating where the stop shall be made or, in the absence of such sign or marking, the stop shall be made at the signal.

(F) Streetcar motorman. The motorman of any streetcar shall obey the above signals as applicable to vehicles. (625 ILCS 5/11-306) Penalty, see § 70.999

§ 70.032 PEDESTRIAN-CONTROL SIGNALS.

Whenever special pedestrian-control signals exhibiting the words “Walk” or “Don't Walk” or the illuminated symbols of a walking person or an upraised palm are in place, these signals shall indicate as follows.

(A) “Walk” or walking person symbol. Pedestrians facing this signal may proceed across the roadway in the direction of the signal, and shall be given the right-of-way by the drivers of all vehicles. General Regulations 23

(B) “Don’t Walk” or upraised palm signal. No pedestrian shall start to cross the roadway in the direction of this signal, but any pedestrian who has partly completed his or her crossing on the “Walk” signal or upraised palm symbol shall proceed to a sidewalk or safety island while the “Don't Walk” signal or upraised palm symbol is illuminated, steady or flashing. (625 ILCS 5/11-307) Penalty, see § 70.999

§ 70.033 LANE-CONTROL SIGNALS.

Whenever lane-control signals are used in conjunction with official signs, they shall have the following meanings.

(A) Downward-pointing green arrow. A driver facing this indication is permitted to drive in the lane over which the arrow signal is located. Otherwise, he or she shall obey all other traffic controls present and follow normal safe driving practices.

(B) Red X symbol.

(1) A driver facing this indication shall not drive in the lane over which the signal is located, and this indication shall modify accordingly the meaning of all other traffic controls present.

(2) Otherwise, he or she shall obey all other traffic controls, and follow normal safe driving practices.

(C) Yellow X (steady). A driver facing this indication should prepare to vacate the lane over which the signal is located in a safe manner to avoid, if possible, occupying that lane when a steady red X is displayed.

(D) Flashing yellow arrow. A driver facing this indication may use the lane only for the purpose of approaching and making a left turn. (625 ILCS 5/11-308) Penalty, see § 70.999

§ 70.034 FLASHING SIGNALS.

(A) Whenever an illuminated flashing red or yellow signal is used in conjunction with a traffic- control device, it shall require obedience by vehicular traffic as follows.

(1) Flashing red (stop signal). When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles 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 a point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign. 24 Swansea - Traffic Code

(2) Flashing yellow (caution signal). When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past the signal only with caution.

(B) This section does not apply at railroad grade crossings. (625 ILCS 5/11-309) Penalty, see § 70.999

§ 70.035 DISPLAY OF UNAUTHORIZED SIGNS, SIGNALS, MARKINGS OR ADVERTISING SIGNS.

(A) No person shall place, maintain or display upon or in view of any highway any unauthorized sign, signal, marking 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, or which hides from view or interferes with the movement of traffic or the effectiveness of an official traffic-control device or any railroad sign or signal.

(B) 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.

(C) No tree, bush or foliage of any kind shall be so placed, maintained, allowed to remain or 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 devices, sign or signal.

(1) All such trees, bushes or foliage are hereby declared to be nuisances and may be removed by any police officer or under his or her direction and supervision.

(D) It shall be unlawful to maintain or operate in view of any street or highway any flashing or rotating beacon of light.

(E) Every such prohibited sign, signal or marking is hereby declared to be a public nuisance, and the authority having jurisdiction over the highway is hereby empowered to remove the same, or cause it to be removed without notice.

(F) No person shall sell or offer for sale any traffic-control device to be used on any street or highway in the municipality which does not conform to the requirements of this chapter.

(G) This section shall not be deemed to prohibit the erection upon private property adjacent to highways of signs giving useful directional information, and of a type that cannot be mistaken for official signs.

(H) This section shall not be deemed to prohibit the erection of State “Adopt-A-Highway” signs by the village as provided in the State Adopt-A-Highway Act, 605 ILCS 120/1 et seq. (625 ILCS 5/11-310) Penalty, see § 70.999

General Regulations 25

§ 70.036 INTERFERENCE WITH OFFICIAL TRAFFIC-CONTROL DEVICES OR RAILROAD SIGNS OR SIGNALS.

No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock down or remove any official traffic-control device or any railroad sign or signal or any inscription, shield or insignia thereon, or any other part thereof. (625 ILCS 5/11-311) Penalty, see § 70.999

§ 70.037 UNLAWFUL USE OR DAMAGE TO HIGHWAYS, APPURTENANCES AND STRUCTURES.

It shall be unlawful for any person to willfully injure or damage any public highway or street, or any bridge or culvert, or to willfully damage, injure or remove any sign, signpost or structure upon or used or constructed in connection with any public highway or street for the protection thereof, or for the protection or regulation of traffic thereon, by any willfully unusual, improper or unreasonable use thereof, or by willfully careless driving or use of any vehicle thereon, or by willful mutilation, defacing, destruction or removal thereof. (625 ILCS 5/11-312) Penalty, see § 70.999

§ 70.038 UNLAWFUL POSSESSION OF HIGHWAY SIGN OR MARKER.

The Village Street Department, with reference to traffic-control signs, signals or markers owned by the village, is authorized to indicate the ownership of the signs, signals, or markers in letters not less than three-eighths inch, or more than three-fourths of an inch in height, by use of a metal stamp, etching or other permanent means. Except for employees of the Village Street Department, police officers, contractors and their employees engaged in a highway construction contract or work on the highway approved by the village, it is unlawful for any person to possess a sign, signal or marker so identified. (625 ILCS 5/11-313) Penalty, see § 70.999

§ 70.039 ZONES OF QUIET.

Whenever authorized signs are erected indicating a zone of quiet, no person operating a motor vehicle within the zone shall sound the horn or other warning device, except in an emergency.

§ 70.040 NO-TURNING SIGNS AND TURNING MARKERS.

Whenever authorized signs are erected indicating that no right or left or U-turn is permitted no driver of a vehicle shall disobey the directions of the sign. When authorized marks, buttons or other indications are placed within an intersection indicating the course to be traveled by vehicles, no driver of a vehicle shall disobey the directions of the indications. 26 Swansea - Traffic Code

§ 70.041 STOP AND YIELD SIGNS.

(A) Preferential right-of-way at an intersection may be indicated by stop signs or yield signs as authorized in 625 ILCS 5/11-302.

(B) Except when directed to proceed by a police officer or traffic-control signal, every driver of a vehicle and every motorman of a streetcar approaching a stop intersection indicated by a stop sign shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, shall stop at a clearly marked stop line, but if none, then at the point nearest the intersection roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection.

(C) The driver of a vehicle approaching a yield sign if required for safety to stop shall stop before entering the crosswalk on the near side of the intersection or, in the event there is no crosswalk, at a clearly marked stop line, but if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway. (625 ILCS 5/11-1204) Penalty, see § 70.999

§ 70.042 POSTING SIGNS.

(A) The village shall place and maintain appropriate signs and traffic-control devices conforming to the Illinois Department of Transportation Manual for Uniform Traffic Control Devices, at all designated intersections and at all streets and alleys, so that the driver of any motor vehicle may be aware of and obey the provisions of Chs. 77 and 78.

(B) No provision of Chs. 77 or 78 for which official traffic-control signs or devices are required shall be enforced against an alleged violator if at the tie and place of the alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible to be seen by an ordinarily observant person.

(C) Whenever any official traffic-control sign or device is placed or held in position approximately conforming to the requirements of the state statutes and purports to conform to the lawful requirements pertaining to such device, such device shall be presumed to have been so placed or held by the official act or direction of lawful authority, and comply with the requirements of the state statutes unless the contrary shall be established by competent evidence.

General Regulations 27

§ 70.043 SHOPPING CENTERS POWERS TO CONTRACT.

The village and the owner of any shopping center located within the village may, by contract, authorize the village to regulate the parking of automobiles and the traffic at such shopping center pursuant to the authority granted by the state.

(A) No such contract shall exceed a period of 20 years. No lessee of the shopping center shall enter into such a contract for a longer period of time than the length of his or her lease.

(B) The contract, when entered into shall be recorded in the Office of the Recorder of Deeds and the regulations made pursuant to the contract shall only become effective three days after the contract is recorded.

(C) Thereafter, it shall be an offense for any person to do any act forbidden or fail to perform any act required by such parking or traffic regulation and a violation of the regulation shall be deemed a violation of this chapter.

(D) SHOPPING CENTER means premises having one or more stores or business establishments in connection with which there is provided on privately-owned property an area of land used by the public as the means of access to the egress from the stores and business establishments on such premises and for the parking of motor vehicles of customers and patrons of such stores and business establishments on such area.

ADMINISTRATION

§ 70.055 GENERALLY.

There is hereby established in the Police Department of the village a patrol division to be under the control of a police officer appointed by and directly responsible to the Chief of Police.

§ 70.056 DUTY OF TRAFFIC DIVISION.

It shall be the duty of the traffic division with such aid as may be rendered by other members of the Police Department to enforce the street traffic regulations of the municipality and of all the state vehicle laws, to make arrests for traffic violations, to investigate accidents, and to cooperate with the Village Traffic Engineer, if one exists, and other officers of the municipality in the administration of the traffic laws and in developing ways and means to improve traffic conditions, and to carry out those duties specially imposed upon said division by this code and the traffic codes of the municipality.

28 Swansea - Traffic Code

§ 70.057 RECORDS OF TRAFFIC VIOLATIONS.

(A) Records of traffic violations.

(1) The Police Department or the Traffic Division thereof shall keep a record of all violations of the traffic laws of the municipality or of the state vehicle laws of which any person has been charged, together with a record of the final disposition of all such alleged offenses. Such record shall be so maintained as to show all types of violations and the total of each. The record shall accumulate during at least a five-year period and from that time on the record shall be maintained complete for at least the most recent five-year period.

(2) All forms for records for violations and notice of violations shall be serially numbered. For each month and year, a written record shall be kept available to the public showing the disposal of all such forms.

(3) All such records and reports shall be public records.

(B) Drivers' files to be maintained.

(1) The Police Department or the traffic division thereof shall maintain a suitable record of all traffic accidents, warnings, arrests, convictions and complaints reported for each driver, which shall be filed alphabetically under the name of the driver concerned.

(2) The division shall study the cases of all such drivers charged with frequent or serious violations of the traffic laws or involved in frequent traffic accidents or any serious accident, and report such information to the Department of Motor Vehicles or other appropriate state agencies.

(3) Such records shall accumulate during at least a five-year period and from that time on such records shall be maintained complete for at least the most recent five-year period.

§ 70.058 ACCIDENT INVESTIGATIONS.

It shall be the duty of the traffic division, assisted by other police officers of the Department, to investigate traffic accidents and to arrest and to assist in the prosecution of those persons charged with violations of law causing or contributing to such accidents.

§ 70.059 ACCIDENT STUDIES.

Whenever the accidents at any particular location become numerous, the Traffic Division shall cooperate with the Village Traffic Engineer, if one exists, in conducting studies of such accidents as deemed appropriate and determining remedial measures if necessary.

General Regulations 29

§ 70.060 ACCIDENT REPORTS.

(A) The Traffic Division shall maintain a suitable system of filing traffic accident reports.

(B) Accident reports or cards referring to them shall be filed alphabetically by location.

(C) Such reports shall be available for the use and information of the Village Traffic Engineer, if one exists.

§ 70.061 ANNUAL TRAFFIC SAFETY REPORT.

(A) The Traffic Division shall annually prepare a traffic report which shall be filed with the Mayor.

(B) Such report shall contain information on traffic matters in the municipality as follows: The number of traffic accidents, the number of persons killed, the number of persons injured, and other pertinent traffic accident data;

(C) The number of traffic accidents investigated and other pertinent data on the safety activities of the police; and

(D) The plans and recommendations of the Division for future traffic safety activities.

§ 70.062 TRAFFIC ENGINEER.

(A) The Engineer shall serve as Traffic Engineer in addition to his or her other functions, and shall exercise the powers and duties with respect to traffic as provided in this code.

(B) It shall be the general duty of the Village Traffic Engineer to determine the installation and proper timing and maintenance of traffic-control devices, to conduct engineering analyses of traffic accidents and to devise remedial measures, to conduct engineering investigations of traffic conditions and to plan the operation of traffic on the streets and highways of the municipality, and to cooperate with other municipality officials in the development of ways and means to improve traffic conditions and to carry out the additional powers and duties imposed by laws of the municipality.

(C) Nothing contained in this chapter shall require the appointment of a Traffic Engineer and such person may hold concurrent employment in the village with another department and may maintain separate titles. Appointment of a traffic engineer shall be made by the Mayor, with majority approval by the board and shall serve a term of one calendar year.

30 Swansea - Traffic Code

§ 70.063 TRAFFIC-CONTROL REGULATIONS AND DEVICES.

(A) (1) The Chief of Police, by and with the approval of the Village Board, is hereby empowered to make regulations necessary to make effective the provisions of the traffic laws of the municipality, and, in emergency circumstances, to make and enforce temporary or experimental regulations to cover emergencies or special conditions.

(2) No such temporary or experimental regulation shall remain in effect for more than 90 days.

(B) The Village Traffic Engineer may test traffic-control devices under actual conditions of traffic.

(C) (1) The Chief of Police may authorize the temporary placing of official traffic-control devices when required by an emergency.

(2) The Chief of Police shall notify the Village Board and Traffic Engineer of his or her action as soon thereafter as is practicable.

§ 70.064 TRAFFIC COMMISSION.

(A) (1) There is hereby established a Traffic Commission to serve without compensation, consisting of the Traffic Engineer, the Chief of Police or, in his or her discretion, as his or her representative, the Chief of the Traffic Division, the municipality's Traffic Committee, and one representative each from the Village Engineer's office and the Village Attorney's office, and such number of other municipality officers and representatives of unofficial bodies as may be determined and appointed by the Mayor with majority approval by the Village Board. Nothing in this section requires the appointment of members of the Traffic Commission or requires the Traffic Commission to perform any particular function.

(2) The Chairperson of the Commission shall be appointed by the Mayor with a majority of Village Board Approval and may be removed by the Mayor.

(B) It shall be the duty of the Traffic Commission, and to this end it shall have the authority within the limits of the funds at its disposal, to coordinate traffic activities, to carry on educational activities in traffic matters, to supervise the preparation and publication of traffic reports, to receive complaints having to do with traffic matters, and to recommend to the legislative body of the municipality and to the Traffic Engineer, the Chief of the Traffic Division and other municipality officials ways and means for improving traffic conditions and the administration and enforcement of traffic regulations.

General Regulations 31

IMPOUNDMENT OF MOTOR VEHICLE

§ 70.080 DEFINITIONS.

For the purposes of this subchapter, the following words and phrases shall have the following meanings ascribed to them respectively.

BUSINESS DAY. Any day in which the offices of Swansea Government Center are open to the public for a minimum of seven hours.

LEVEL I ADMINISTRATIVE FEE. Means and shall be $150.

LEVEL 2 ADMINISTRATIVE FEE. Means and shall be $300.

MOTOR VEHICLE. Every vehicle which is self-propelled, except for vehicles moved solely by human power, motorized wheelchairs, low-speed electric bicycles, and low-speed gas bicycles. MOTOR VEHICLES include, but are not limited to, automobiles, trucks, vans, motorcycles and motor scooters.

OWNER OF RECORD. The record title holder(s) of the motor vehicle as registered with the Secretary of State, State of Illinois or the particular state where the motor vehicle is otherwise registered. If the motor vehicle is not registered in any state, the OWNER OF RECORD shall be the person who holds legal title of the motor vehicle. In the event the motor vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of such vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the OWNER OF RECORD for the purpose of this subchapter. (Ord. 1822, passed 5-7-2018)

§ 70.081 VIOLATIONS AUTHORIZING IMPOUNDMENT.

(A) Motor vehicle impoundment. Pursuant to Article II, Chapter 11 of the Illinois Vehicle Code, 625 ILCS 5/11-208.7, the Village of Swansea (the “village”) shall follow the procedures set forth herein when impounding vehicles and imposing reasonable administrative fees, payable to and collected by the village, related to its administrative and processing costs associated with the investigation, arrest, and detention of offender, or the removal, impoundment, storage, and release of the motor vehicle. The administrative fees imposed herein by the village shall be uniform for all similarly situated vehicles and are in addition to any other fees or penalties that may be assessed by a court of law for the underlying violations, or by a person, firm, or entity that tows and stores the impounded motor vehicle.

2018 S-1 32 Swansea - Traffic Code

(B) For the purposes of this section:

(1) CANNABIS shall have the meaning ascribed to it in the Cannabis Control Act, 720 ILCS 550/1 et seq.

(2) CONTROLLED SUBSTANCES shall mean any substance as defined and included in the schedules of Article II of the Illinois Controlled Substances Act, 720 ILCS 570/201 et seq.

(3) DRIVING A VEHICLE BY PERSON SUBJECT TO WARRANT means operation or use of a motor vehicle by a person against whom a warrant has been issued by a circuit clerk in Illinois for failing to answer charges that the driver violated Section 6-101, 6-303, or 11-501, of the Illinois Vehicle Code (625 ILCS 5/6-101, 6-303, or 11-501).

(4) DRIVING ON A SUSPENDED OR REVOKED LICENSE, PERMIT, OR PRIVILEGE TO OPERATE A MOTOR VEHICLE means any offense as defined in Section 6-303 of the Illinois Vehicle Code (625 ILCS 5/6-303); except that vehicles shall not be subjected to seizure or impoundment if the suspension is for an unpaid citation (parking or moving) or due to failure to comply with emission testing.

(5) DRIVING ON AN EXPIRED LICENSE means operation or use of a motor vehicle with an expired driver’s license, in violation of Section 6-101 of the Illinois Vehicle Code (625 ILCS 5/6-101), if the period of expiration is greater than one year.

(6) DRIVING UNDER THE INFLUENCE OF ALCOHOL, DRUGS, AND/OR INTOXICATING COMPOUNDS means any offense as defined in Section 11-501 of the Illinois Vehicle Code (625 ILCS 5/11-501).

(7) DRIVING WITHOUT A LICENSE OR PERMIT means operation or use of a motor vehicle without ever having been issued a driver’s license or permit, in violation of Section 6-101 of the Illinois Vehicle Code (625 LLCS 5/6-101), or operating a motor vehicle without ever having been issued a driver’s license or permit due to a person’s age.

(8) FELONY OFFENSE means any felony offense as defined by the Criminal Code of 1961 or the Criminal Code of 2012.

(9) FLEEING OR ATTEMPTING TO ELUDE A POLICE OFFICER means any offense as defined in Section 11-204.1 of the Illinois Vehicle Code (625 ILCS 5/11-204.1).

(10) INTERESTED PERSON means the record title holder(s) or lienholder(s) of the motor vehicle as registered with the Secretary of State for the State of Illinois or the particular state where the motor vehicle is otherwise registered. If the motor vehicle is not registered in any state, an INTERESTED PERSON shall be the person who holds legal title of the motor vehicle. In the event the motor vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of

2018 S-1 General Regulations 33

purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of such vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed an INTERESTED PERSON for the purpose of this subchapter.

(11) MISDEMEANOR OFFENSE means any misdemeanor offense as defined by the Criminal Code of 1961 or the Criminal Code of 2012.

(12) RECKLESS DRIVING means any offense as defined in Section 11-503 of the Illinois Vehicle Code (625 ILCS 5/11-503).

(13) THEFT OFFENSE means any offense in violation of Article 16 or 16A of the Criminal Code of 1961 or the Criminal Code of 2012.

(14) TRAFFIC VIOLATION means any offense as defined by the Illinois Vehicle Code (625 ILCS 5) or the Village of Swansea Code of Ordinances.

(15) Weapons offense means any of the following offenses contained within Article 24 of the Criminal Code of 1961 or the Criminal Code of 2012: 720 ILCS 5/24-1, 24-1.1, 24-1.2, 24-1.25, 24-1.5, 24-1.6, 24-2.1, 24-2.2, 24-3, 24-3.1, 24-3.2, 24-3.3, 24-3.4, 24-3.5, 24-3.6, and 24-3A.

(C) Offenses subject to impoundment and administrative fees.

(1) A motor vehicle operated or used in commission of, or in the attempt to commit, an offense in violation of the Illinois Controlled Substance Act, 720 ILCS 570/100 et seq., or the Cannabis Control Act, 720 ILCS 550/1 et seq., shall be subject to seizure and impoundment under this subchapter. The owner of record of such vehicle, or its agent, shall be liable to the village for a Level 2 administrative fee of $300, in addition to fees for the towing and storage of the vehicle and any other penalties assessed by a court of law for the underlying offense.

(2) A motor vehicle operated or used in the commission of, or in the attempt to commit, a weapons offense shall be subject to seizure and impoundment under this subchapter. The owner of record of such vehicle, or its agent, shall be liable to the village for a Level 2 administrative fee of $300, in addition to fees for the towing and storage of the vehicle and any other penalties assessed by a court of law for the underlying offense.

(3) A motor vehicle operated or used in the commission of, or in the attempt to commit, a theft offense shall be subject to seizure and impoundment under this subchapter. The owner of record of such vehicle, or its agent, shall be liable to the village for a Level 2 administrative fee of $300, in addition to fees for the towing and storage of the vehicle and any other criminal penalties assessed by a court of law for the underlying offense.

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(4) A motor vehicle operated or used in the commission of the offense of driving under the influence of alcohol, drugs, and/or intoxicating compounds shall be subject to seizure and impoundment under this subchapter. The owner of record of such vehicle, or its agent, shall be liable to the village for a Level 2 administrative fee of $300, in addition to fees for the towing and storage of the vehicle and any other penalties assessed by a court of law for the underlying offense.

(5) A motor vehicle operated or used in the commission of the offense of driving on a suspended or revoked license, permit, or privilege to operate a motor vehicle shall be subject to seizure and impoundment under this subchapter. The owner of record of such vehicle, or its agent, shall be liable to the village for a Level 2 administrative fee of $300, in addition to fees for the towing and storage of the vehicle and any other penalties assessed by a court of law for the underlying offense.

(6) A motor vehicle operated or used in the commission of the offense of driving on an expired license shall be subject to seizure and impoundment under this subchapter. The owner of record of such vehicle, or its agent, shall be liable to the village for a Level 2 administrative fee of $300, in addition to fees for the towing and storage of the vehicle and any other penalties assessed by a court of law for the underlying offense.

(7) A motor vehicle operated or used in the commission of the offense of driving without a license or permit shall be subject to seizure and impoundment under this subchapter. The owner of record of such vehicle, or its agent, shall be liable to the village for a Level 2 administrative fee of $300, in addition to fees for the towing and storage of the vehicle and any other penalties assessed by a court of law for the underlying offense.

(8) A motor vehicle operated or used in the commission of the offense of fleeing or attempting to elude a police officer shall be subject to seizure and impoundment under this subchapter. The owner of record of such vehicle, or its agent, shall be liable to the village for a Level 2 administrative fee of $300, in addition to fees for the towing and storage of the vehicle and any other penalties assessed by a court of law for the underlying offense.

(9) A motor vehicle operated or used in the commission of the offense of driving a vehicle by person subject to warrant shall be subject to seizure and impoundment under this subchapter. The owner of record of such vehicle, or its agent, shall be liable to the village for a Level 2 administrative fee of $300, in addition to fees for the towing and storage of the vehicle and any other penalties assessed by a court of law for the underlying offense.

(10) A motor vehicle operated or used in the commission of the offense of reckless driving: (a) while the vehicle is part of a funeral procession; or (b) in a manner that interferes with a funeral procession shall be subject to seizure and impoundment under this subchapter. The owner of record of such vehicle, or its agent, shall be liable to the village for a Level 2 administrative fee of $300, in addition to fees for the towing and storage of the vehicle and any other penalties assessed by a court of law for the underlying offense.

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(11) A motor vehicle operated or used in the commission of, or in the attempt to commit, a misdemeanor offense not otherwise provided for in this subsection shall be subject to seizure and impoundment under this subchapter. The owner of record of such vehicle, or its agent, shall be liable to the village for a Level 1 administrative fee of $150, in addition to fees for the towing and storage of the vehicle and any other penalties assessed by a court of law for the underlying offense.

(12) A motor vehicle operated or used in the commission of, or in the attempt to commit, a felony offense not otherwise provided for in this subsection shall be subject to seizure and impoundment under this subchapter. The owner of record of such vehicle, or its agent, shall be liable to the village for a Level 2 administrative fee of $300, in addition to fees for the towing and storage of the vehicle and any other penalties assessed by a court of law for the underlying offense.

(13) A motor vehicle subject to seizure and/or impoundment pursuant to any Illinois state statute, regulation, or law not otherwise provided herein shall also be subject to seizure and impoundment under this subchapter. Unless otherwise stated for in this section, the owner of record of such motor vehicle, or its agent, shall not be subject to the imposition of an administrative fee. The owner of record of such motor vehicle, or its agent, however may still be subject to fees for the towing and storage of the vehicle and any other penalties assess by a court of law for the underlying offense.

(14) Where the police make a custodial arrest of the driver of a motor vehicle as the result of a misdemeanor, traffic violation, or on a warrant where the driver’s vehicle is not considered an instrumentality of the crime, the driver’s vehicle shall be subject to seizure and impoundment under this subchapter as an exercise of the police officer’s community caretaking functions if the officer determines that the driver is unable to remove the vehicle from a public location without continuing its illegal operation; the location of the vehicle creates a need for the police to protect the vehicle from theft or vandalization; or the location of the vehicle may jeopardize public safety and the efficient movement of vehicular traffic. The arrestee may give custody of the vehicle to his or her unarrested associates, who are present and capable of taking custody of the vehicle, in lieu of impoundment, provided he or she has the capacity to make that decision. (Ord. 1822, passed 5-7-2018)

§ 70.082 SEIZURE AND IMPOUNDMENT.

(A) Whenever a police officer has reason to believe that a motor vehicle is subject to seizure and impoundment, the police officer shall provide for the towing of the motor vehicle to a facility authorized by the village. This subchapter shall not apply if the motor vehicle used in the violation was stolen at the 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) At the time the vehicle is towed, the village shall notify, or make a reasonable attempt to notify, the owner, lessee, or person identifying himself or herself as the owner or lessee of the motor vehicle, or any person who is found to be in control of the motor vehicle at the time of the alleged offense, if

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there is such a person, of the fact of the seizure and of the motor vehicle owner’s or lessee’s right to an administrative hearing.

(C) The village shall also provide notice that the motor vehicle will remain impounded pending the completion of an administrative hearing, unless the owner or lessee of the motor vehicle or a lienholder posts with the village a bond equal to the administrative fee as provided by this subchapter and pays for all towing and storage charges. (Ord. 1822, passed 5-7-2018)

§ 70.083 ADMINISTRATIVE HEARING.

(A) Within ten days after a motor vehicle is seized and impounded pursuant to this subchapter, the village shall provide a notice of hearing by either personal service or by first class mail, return receipt requested, to the owner, lessee, and any lienholder of record (collectively, “interested person”), at the last known address of the interested person as registered with the Secretary of State. The notice shall state the date, time, and location of the administrative hearing, as well as notify all interested persons of their right to have the vehicle released to them upon payment of all administrative fees and towing and storage fees. An initial hearing shall be scheduled and convened no later than 45 days after the date of the mailing of the notice of hearing.

(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. The administrative hearings shall be conducted in compliance with 625 ILCS 5/11-208.3(b)(4) and by a hearing officer who is not an employee of the Village of Swansea and is an attorney licensed to practice law in the state for a minimum of three years. The hearing shall be recorded, and the 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 books and papers. Persons appearing at the hearing may be represented by counsel at their own expense. At the conclusion of the administrative hearing, the hearing officer shall issue a written decision either sustaining or overruling the vehicle impoundment.

(C) If the administrative hearing officer sustains the basis for the vehicle impoundment, the hearing officer shall enter a written order requiring any administrative fee posted to secure the release of the vehicle to be forfeited to the village. Unless the administrative hearing officer overturns the basis for the vehicle impoundment, no motor vehicle shall be released to the owner, lessee, or lienholder of record until all administrative fees and towing and storage charges are paid. All final decisions of the administrative hearing officer shall be subject to review under the provisions of the Administrative Review Law.

(D) If the administrative hearing officer finds that the village exceeded its authority under this subchapter or the Illinois Vehicle Code, the village shall be liable to the registered owner or lessee of the vehicle for the cost of storage fees and reasonable attorney’s fees.

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(E) (1) If a bond in the amount equal to the applicable administrative fee is posted with the village, the impounded motor vehicle shall be released to the owner of record.

(2) The owner of the motor vehicle shall still be liable to the towing agent for any applicable towing fees.

(F) (1) If an administrative fee is imposed for a violation of this subchapter, the bond will be forfeited to the village; however, if the hearing officer overturns the basis for the vehicle impoundment and no administrative fee is imposed for a violation of this subchapter, the bond will be returned to the person posting the bond.

(2) All bond money posted pursuant to this subchapter shall be held by the village until the hearing officer issues a decision or, if there is a review of that decision, until the court of jurisdiction issues its orders.

(G) All decisions of the Hearing Officer shall be subject to review under the provisions of the State Administrative Review Law. (Ord. 1822, passed 5-7-2018)

§ 70.084 DISPOSITION OF IMPOUNDED MOTOR VEHICLE.

(A) An administrative fee imposed pursuant to this subchapter shall constitute a debt due and owing the village.

(B) A motor vehicle impounded pursuant to this subchapter shall remain impounded until:

(1) The administrative fee is paid to the village and all applicable towing and/or storage fees are paid to the towing agent and/or storage facility, in which case the owner, lessee, or lienholder of record shall be given possession of the motor vehicle;

(2) A bond in an amount equal to the applicable administrative fee is posted with the village and all applicable towing and/or storage fees are paid to the towing agent and/or storage facility, at which time the motor vehicle will be released to the owner, lessee, or lienholder of record;

(3) The administrative hearing officer overturns the basis for the vehicle impoundment; or

(4) The motor vehicle is deemed abandoned in which case the motor vehicle shall be disposed of in the manner provided by law for the disposition of abandoned motor vehicles. (Ord. 1822, passed 5-7-2018)

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§ 70.085 MOTOR VEHICLE POSSESSION.

Any motor vehicle that is not reclaimed or retrieved from the towing facility or storage facility within 35 days after the administrative hearing officer issues a written decision shall be deemed abandoned and may be disposed of in accordance with the provisions of Article II of Chapter 4 of the Illinois Motor Vehicle Code. (625 ILCS 5/4-201 et seq.). (Ord. 1822, passed 5-7-2018)

§ 70.086 TOWING AGENCY.

(A) The administrative fee imposed by the village for impounded motor vehicles may be in addition to any fees charged for the towing and storage, or both, of an impounded motor vehicle. The towing or storage fees, or both, shall be collected by and paid to the person, firm, or entity that tows and stores the impounded motor vehicle. The towing and/or storage company shall be entitled to receive a reasonable fee from the owner or person entitled to possession of any such vehicle prior to the release of the vehicle. The fee shall be to cover the cost of removing said vehicle and, in addition, any fees for the cost of storage of the vehicle for each day or fraction thereof that said motor vehicle shall have remained at their storage facility in compliance with their practices.

(B) It shall be the duty of the towing or storage company in possession of the motor vehicle to obtain documentation issued by the Swansea Police Department confirming compliance with foregoing requirements and to retain photocopies of that documentation in their files for a period of not less than six months following release of the motor vehicle. The foregoing information shall be made available to the authorities of the village for inspection and copying, upon their request, by the towing or storage company. The towing or storage company is prohibited from releasing any motor vehicle it may tow within the village until and unless it obtains the documentation noted above. (Ord. 1822, passed 5-7-2018)

§ 70.087 ADMINISTRATIVE FEE.

(A) The administrative fees established by this subchapter are to be paid by the registered owner, or the agents of the registered owner, of the vehicle involved in the incident leading to custodial arrest regardless of whether that person was operating the vehicle at the time of the incident. Vehicles towed by the Swansea Police Department for any reason other than those listed above shall be released to the registered owner with no administrative fee charged by the village. The person purporting to be the registered owner must present proof of ownership, current proof of insurance, and possess a valid driver’s license prior to release.

(B) For the purposes of this subchapter, the administrative fee shall be waived by the village:

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(1) Upon verifiable proof that the vehicle used in the violation was stolen at the time it was impounded; or

(2) If the vehicle was operating as a common carrier including, but not limited to taxicabs or buses, and the violation occurred without the knowledge of the person in control of the vehicle.

(C) Unless stayed by a court of competent jurisdiction, any administrative fee imposed under this subchapter which remains unpaid in whole or in part after the expiration of the deadline for seeking judicial review under the Administrative Review Law may be enforced in the same manner as a judgment entered by a court of competent jurisdiction.

(D) This subchapter incorporates Sections 4-201 through 4-214.1 of the Illinois Vehicle Code (625 ILCS 5/4-201 through 4-214.1) to the extent that they are consistent. Where a provision of this subchapter differs from Sections 4-201 through 4-214.1 of the Illinois Vehicle Code, the provisions of this subchapter shall be controlling. Enforcement and administration of this subchapter shall be consistent with the policies and procedures of Section 4-201 through 4-215 of the Illinois Vehicle Code (625 ILCS 5/4-201 through 4-215) to the extent that said policies and procedures do not directly conflict with the provisions of this subchapter.

(E) In the event a judgment of “Not Guilty” is entered by a court of competent jurisdiction on all underlying charges that could have resulted in the impoundment of a motor vehicle, then within 30 days of presentation of a certified copy of said judgment to the village, any administrative fees or posted bonds obtained by the village shall be refunded to the paying party. (Ord. 1822, passed 5-7-2018)

ABANDONED VEHICLES

§ 70.100 DEFINITIONS.

For the purpose of this subchapter, the following words and phrases shall have the following meanings ascribed to them respectively.

ABANDONED VEHICLE. AH 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 consecutive days or more and is apparently deserted.

ANTIQUE VEHICLE. Any motor vehicle or other vehicle 25 years of age or older.

HIGHWAY. Any street, alley, public way within this municipality.

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MOTOR VEHICLE. Every vehicle which is self-propelled, including, but not limited to, automobiles, trucks, vans, motorcycles and motor scooters.

OWNER OF RECORD. The record title holder(s) of the motor vehicle as registered with the Secretary of State, State of Illinois; or if not registered in Illinois, the particular state where the motor vehicle is registered.

§ 70.101 ABANDONMENT.

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

(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.

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(C) Owner's property.

(1) Removal. A vehicle or any part thereof so abandoned on private property, may be authorized for removal by or upon the order of the Chief of Police of the municipality after a waiting period of seven days or more has expired. Such vehicle may be removed immediately if determined to be a hazardous dilapidated motor vehicle under § 11-40-3.1 of the Illinois Municipal Code (65 ILCS 5/11-40-3.1).

(2) Violations; administrative hearing. A violation of divisions (A), (B), or (C) of this section is subject to penalties as set forth herein this subchapter.

(a) Within ten days after a motor vehicle is removed pursuant to division (C), the village shall notify by personal service or by first class mail to the owner of record of the owner's right to a hearing, along with the date, time and location of the hearing, to challenge whether a violation of this subchapter has occurred. The hearing date must be scheduled and convened no later than 45 days after the mailing of the notice, or issuance of the notice of hearing. 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.

(b) If, after the hearing, the hearing officer determines by a preponderance of the evidence that the motor vehicle was abandoned in violation of this subchapter, then the hearing officer shall enter an order finding the owner of record of the motor vehicle liable to the municipality for violating this chapter and subject to a penalty of a fine of up to $500.

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

(d) (1) If owner of record fails to appear at the hearing, the owner of record shall be deemed to have waived his or her right to a hearing.

(2) If the owner of record pays such administrative fee and the motor vehicle is returned to the owner, no default order need be entered if the owner was informed of his or her right to a hearing, in which case an order of liability shall be deemed to have been made when the municipality receives the written waiver.

(e) (1) If a bond in the amount equal to the applicable administrative fee is posted with the Police Department, the towed motor vehicle shall be released to the owner of record.

(2) The owner of the motor vehicle shall still be liable to the towing agent for any applicable towing fees. 38 Swansea - Traffic Code

(f) (1) If an administrative fee is imposed for a violation of this subchapter, the bond will be forfeited to the municipality; however, if a violation of this subchapter is not proven by preponderance of the evidence, the bond will be returned to the person posting the bond.

(2) All bond money posted pursuant to this subchapter shall be held by the municipality until the hearing officer issues a decision or, if there is a judicial review, until the court of jurisdiction issues its orders.

(g) All decisions of the hearing officer shall be subject to review under the provisions of the State Administrative Review Law.

§ 70.102 POSSESSION OF VEHICLE BY OTHER PARTY; TOWING.

When an abandoned, lost, stolen or unclaimed vehicle comes into the temporary possession or custody of a person in this municipality, not the owner 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 Chief of Police, or his designated representative, will authorize a towing service to remove and take possession of the abandoned, lost, stolen or unclaimed vehicle. The towing service will safely keep the towed vehicle and its contents, maintain a record of the tow as set forth in Section 1§ 70.105 of this chapter for law enforcement agencies, until the vehicle is claimed by the owner or any other person legally entitled to possession thereof, or until it is disposed of as provided in this chapter. (625 ILCS 5/4-202)

§ 70.103 REMOVAL OF MOTOR VEHICLES OR OTHER VEHICLES; TOWING OR HAULING AWAY.

(A) When a vehicle is abandoned, or left unattended, on a toll highway, interstate highway, or expressway for two hours or more, its removal by a towing service may be authorized by the Police Department.

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

(C) When a vehicle is abandoned, or left unattended on a highway other than a toll highway, interstate highway, or expressway, outside of an urban district for 24 hours or more, its removal by a towing service may be authorized by the Police Department.

(D) When an abandoned, unattended, wrecked, burned or partially dismantled vehicle is creating a traffic hazard because of its position in relation to the highway, or 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. General Regulations 39

(E) Whenever a peace officer reasonably believes that a person under arrest for a violation of § 11-501 of the Illinois Vehicle Code (625 ILCS 5/11-501) or § 76.02 of this motor vehicle code is likely, upon release, to commit a subsequent violation of either of the aforementioned sections, the arresting officer shall have the vehicle which the person was operating at the time of the arrest impounded for a period of not more than 12 hours after the time of arrest. However, such vehicle may be released by the arresting law enforcement agency prior to the end of the impoundment period if:

(1) The vehicle was not owned by the person under arrest, and the lawful owner requesting such release possesses a valid operator's license, proof of ownership, and would not, as determined by the arresting law enforcement agency, indicate a lack of ability to operate a motor vehicle in a safe manner, or who would otherwise, by operating such motor vehicle, be in violation of this motor vehicle code or the Illinois Vehicle Code; or

(2) The vehicle is owned by the person under arrest, and the person under arrest gives permission to another person to operate such vehicle, provided however, that the other person possesses a valid operator's license and would not, as determined by the arresting Police Department, indicate a lack of ability to operate a motor vehicle in a safe manner or who would otherwise, by operating such motor vehicle, be in violation of this traffic code.

(F) Whenever a registered owner of a vehicle is taken into custody for operating the vehicle in violation of § 11-501 of the Illinois Vehicle Code (625 ILCS 5/11-501) or § 76.02 of this motor vehicle code, or § 6-303 of the Illinois Vehicle Code, a law enforcement officer may have the vehicle immediately impounded for a period not less than:

(1) Twenty-four hours for a second violation of § 11-501 of the Illinois Vehicle Code (625 ILCS 5/11-501) or a similar provision of a local ordinance or § 6-303 of the Illinois Vehicle Code or a combination of these offenses; or

(2) Forty-eight hours for a third violation of § 11-501 of the Illinois Vehicle Code (625 ILCS 5/11-501) or a similar provision of a local ordinance or § 6-303 of the Illinois Vehicle Code or a combination of these offenses.

(G) The vehicle may be released sooner if the vehicle is owned by the person under arrest and the person under arrest gives permission to another person to operate the vehicle and that other person possesses a valid operator's license and would not, as determined by the arresting law enforcement agency, indicate a lack of ability to operate a motor vehicle in a safe manner or would otherwise, by operating the motor vehicle, be in violation of the Illinois Vehicle Code or this motor vehicle code.

(H) Except as provided in this code, the owner or lessor of privately owned real property within this Village, or any person authorized by such owner or lessor, or any law enforcement agency in the case of publicly owned real property may cause any motor vehicle abandoned or left unattended upon such property without permission to be removed by a towing service without liability for the costs of removal, transportation or storage or damage caused by such removal, transportation or storage. The towing or 40 Swansea - Traffic Code

removal of any vehicle from private property without the consent of the registered owner or other legally authorized person in control of the vehicle is subject to compliance with the following conditions and restrictions:

(1) Any towed or removed vehicle must be stored at the site of the towing service's place of business. The site must be open during business hours, and for the purpose of redemption of vehicles, during the time that the person or firm towing such vehicle is open for towing purposes.

(2) The towing service shall within 30 minutes of completion of such towing or removal, notify the law enforcement agency having jurisdiction of such towing or removal, and the make, model, color and license plate number of the vehicle, and shall obtain and record the name of the person at the law enforcement agency to whom such information was reported.

(3) If the registered owner or legally authorized person entitled to possession of the vehicle shall arrive at the scene prior to actual removal or towing of the vehicle, the vehicle shall be disconnected from the tow truck and that person shall be allowed to remove the vehicle without interference, upon the payment of a reasonable service fee of not more than one half the posted rate of the towing service as provided in division (H)(6), below, for which a receipt shall be given.

(4) The rebate or payment of money or any other valuable consideration from the towing service or its owners, managers or employees to the owners or operators of the premises from which the vehicles are towed or removed, for the privilege of removing or towing those vehicles, is prohibited. Any individual who violates this paragraph shall be guilty of a violation of this chapter.

(5) Except for property appurtenant to and obviously a part of a single-family residence, and except for instances where notice is personally given to the owner or other legally authorized person in control of the vehicle that the area in which that vehicle is parked is reserved or otherwise unavailable to unauthorized vehicles and they are subject to being removed at the owner or operator's expense, any property owner or lessor, prior to towing or removing any vehicle from private property without the consent of the owner or other legally authorized person in control of that vehicle, must post a notice meeting the following requirements:

(a) Except as otherwise provided in (H)(5)(b), below, the notice must be prominently placed at each driveway access or curb cut allowing vehicular access to the property within five feet from the public right-of-way line. If there are no curbs or access barriers, the sign must be posted not less than one sign each one hundred feet of lot frontage.

(b) In a municipality with a population of less than 250,000, as an alternative to the requirement of division (H)(5)(a), above, the notice for a parking lot contained within property used solely for a two-family, three-family, or four-family residence may be prominently placed at the perimeter of the parking lot, in a position where the notice is visible to the occupants of vehicles entering the lot.

(c) The notice must indicate clearly, in not less than two-inch high light-reflective letters on a contrasting background, that unauthorized vehicles will be towed away at the owner's expense. General Regulations 41

(d) The notice must also provide the name and current telephone number of the towing service towing or removing the vehicle.

(e) The sign structure containing the required notices must be permanently installed with the bottom of the sign not less than four feet above ground level, and must be continuously maintained on the property for not less than 24 hours prior to the towing or removing of any vehicle.

(6) Any towing service that tows or removes vehicles and proposes to require the owner, operator, or person in control of the vehicle to pay the costs of towing and storage prior to redemption of the vehicle must file and keep on record with the local law enforcement agency a complete copy of the current rates to be charged for such services, and post at the storage site an identical rate schedule and any written contracts with property owners, lessors, or persons in control of property which authorize them to remove vehicles as provided in this section. The towing and storage charges, however, shall not exceed the maximum allowed by the Illinois Commerce Commission under § 18a-200.

(7) No person shall engage in the removal of vehicles from private property as described in this section without filing a notice of intent in each community where he intends to do such removal, and such notice shall be filed at least seven days before commencing such towing.

(8) No removal of a vehicle from private property shall be done except upon express written instructions of the owners or persons in charge of the private property upon which the vehicle is said to be trespassing.

(9) Vehicle entry for the purpose of removal shall be allowed with reasonable care on the part of the person or firm towing the vehicle. Such person or firm shall be liable for any damages occasioned to the vehicle if such entry is not in accordance with the standards of reasonable care.

(10) Except as authorized by a law enforcement officer, no towing service shall engage in the removal of a commercial motor vehicle that requires a commercial driver's license to operate by operating the vehicle under its own power on a highway.

(11) When a vehicle has been towed or removed pursuant to this section, it must be released to its owner, custodian, agent, or lienholder within one-half hour after requested, if such request is made during business hours. Any vehicle owner, custodian, agent, or lienholder shall have the right to inspect the vehicle before accepting its return, and no release or waiver of any kind which would release the towing service from liability for damages incurred during the towing and storage may be required from any vehicle owner or other legally authorized person as a condition of release of the vehicle. A detailed, signed receipt showing the legal name of the towing service must be given to the person paying towing or storage charges at the time of payment, whether requested or not.

(a) This § 70.103 shall not apply to law enforcement, firefighting, rescue, ambulance, or other emergency vehicles which are marked as such or to property owned by any governmental entity.

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(b) When an authorized person improperly causes a motor vehicle to be removed, such person shall be liable to the owner or lessee of the vehicle for the cost or removal, transportation and storage, any damages resulting from the removal, transportation and storage, attorney's fee and court costs.

(c) Any towing or storage charges accrued shall be payable in cash or by cashier's check, certified check, debit card, credit card, or wire transfer, at the option of the party taking possession of the vehicle.

(12) (a) Towing companies shall also provide insurance coverage for areas where vehicles towed under the provisions of this chapter will be impounded or otherwise stored, and shall adequately cover loss by fire, theft or other risks.

(b) Any person who fails to comply with the conditions and restrictions of division (H) set forth above shall be guilty of a violation of this chapter and shall be fined not less than $100 nor more than $500.

(I) (1) When a vehicle is determined to be a hazardous dilapidated motor vehicle pursuant to § 11-40-3.1 of the Illinois Municipal Code or § 5-12002.1 of the Counties Code, its removal and impoundment by a towing service may be authorized by a law enforcement agency with appropriate jurisdiction.

(2) When a vehicle removal from either public or private property is authorized by a law enforcement agency, the owner of the vehicle shall be responsible for all towing and storage charges.

(3) Vehicles removed from public or private property and stored by a commercial vehicle relocator or any other towing service authorized by a law enforcement agency in compliance with this section and § 70.101, or at the request of the vehicle owner or operator, shall be subject to a possessor lien for services pursuant to the Labor and Storage Lien (Small Amount) Act. The provisions of § 1 of that Act relating to notice and implied consent shall be deemed satisfied by compliance with § 18a-302 and subsection (6) of § 18a-300 of the Illinois Vehicle Code (625 ILCS 5/18A-300; 5/18A-302). In no event shall such lien be greater than the rate or rates established in accordance with subsection (6) of § 18a-200 of the Illinois Vehicle Code (625 ILCS 5/18A-200(6)). In no event shall such lien be increased or altered to reflect any charge for services or materials rendered in addition to those authorized by this code or the Illinois Vehicle Code. Every such lien shall be payable in cash or by cashier's check, certified check, debit card, credit card, or wire transfer, at the option of the party taking possession of the vehicle.

(4) Any personal property belonging to the vehicle owner in a vehicle subject to a lien under this division (I) shall likewise be subject to that lien, excepting only: child restraint systems as defined in § 4 of the Child Passenger Protection Act and other child booster seats; eyeglasses; food; medicine; perishable property; any operator's licenses; any cash, credit cards, or checks or checkbooks; any wallet, purse, or other property containing any operator's license or other identifying documents or materials, cash, credit cards, checks, or checkbooks; and any personal property belonging to a person other than

2020 S-2 General Regulations 43

the vehicle owner if that person provides adequate proof that the personal property belongs to that person. The spouse, child, mother, father, brother, or sister of the vehicle owner may claim personal property excepted under this division (I)(4) if the person claiming the personal property provides the commercial vehicle relocator or towing service with the authorization of the vehicle owner.

(5) This division (I)(5) applies only in the case of a vehicle that is towed as a result of being involved in an accident. In addition to the personal property excepted under division (I)(4), all other personal property in a vehicle subject to a lien under this division (I) is exempt from that lien and may be claimed by the vehicle owner if the vehicle owner provides the commercial vehicle relocator or towing service with proof that the vehicle owner has an insurance policy covering towing and storage fees. The spouse, child, mother, father, brother, or sister of the vehicle owner may claim personal property in a vehicle subject to a lien under this division (I) if the person claiming the personal property provides the commercial vehicle relocator or towing service with the authorization of the vehicle owner and proof that the vehicle owner has an insurance policy covering towing and storage fees. The regulation of liens on personal property and exceptions to those liens in the case of vehicles towed as a result of being involved in an accident are exclusive powers and functions of the State. A home rule unit may not regulate liens on personal property and exceptions to those liens in the case of vehicles towed as a result of being involved in an accident. This division (I)(5) is a denial and limitation of home rule powers and functions under subsection (h) of § 6 of Article VII of the Illinois Constitution.

(6) No lien under this division (I) shall: exceed $2,000 in its total amount; or be increased or altered to reflect any charge for services or materials rendered in addition to those authorized by this code.

(J) Whenever a peace officer issues a citation to a driver for a violation of subsection (a) of § 11-506 of the Illinois Vehicle Code (625 ILCS 5/11-506(a)) or § 76.05 of this code, the arresting officer may have the vehicle which the person was operating at the time of the arrest impounded for a period of five days after the time of arrest. An impounding agency shall release a motor vehicle impounded under this division (J) to the registered owner of the vehicle under any of the following circumstances:

(1) If the vehicle is a stolen vehicle;

(2) If the person ticketed for a violation of subsection (a) of § 11-506 of the Illinois Vehicle Code (625 ILCS 5/11-506(a)) or § 76.05 of this code was not authorized by the registered owner of the vehicle to operate the vehicle at the time of the violation;

(3) If the registered owner of the vehicle was neither the driver nor a passenger in the vehicle at the time of the violation or was unaware that the driver was using the vehicle to engage in street racing;

(4) If the legal owner or registered owner of the vehicle is a rental car agency; or

(5) If, prior to the expiration of the impoundment period specified above, the citation is dismissed or the defendant is found not guilty of the offense.

2020 S-2 44 Swansea - Traffic Code

(K) Except for vehicles exempted under subsection (b) of § 7-601 of the Illinois Vehicle Code (625 ILCS 5/7-601(b)), whenever a law enforcement officer issues a citation to a driver for a violation of § 3-707 of the Illinois Vehicle Code (625 ILCS 5/3-707), and the driver has a prior conviction for a violation of § 3-707 of that Code in the past 12 months, the arresting officer shall authorize the removal and impoundment of the vehicle by a towing service. (625 ILCS 5/4-203)

§ 70.104 POLICE RESPONSIBILITIES.

When a vehicle is authorized to be towed away as provided in §§ 70.102 and 70.104 of this code:

(A) The authorization, any hold order, and any release shall be in writing, or confirmed in writing, with a copy given to the towing service.

(B) The police headquarters or office of the law officer authorizing the towing shall keep and maintain a record of the vehicle towed, listing the color, year of manufacture, manufacturer's trade name, manufacturer's series name, body style, vehicle identification number, license plate year and number and registration sticker year and number displayed on the vehicle. The record shall also include the date and hour of tow, location towed from, location towed to, reason for towing and the name of the officer authorizing the tow.

(C) The owner, operator, or other legally entitled person shall be responsible to the towing service for payment of applicable removal, towing, storage, and processing charges and collection costs associated with a vehicle towed or held under order or authorization of a law enforcement agency. If a vehicle towed or held under order or authorization of a law enforcement agency is seized by the ordering or authorizing agency or any other law enforcement or governmental agency and sold, any unpaid removal, towing, storage, and processing charges and collection costs shall be paid to the towing service from the proceeds of the sale. If applicable law provides that the proceeds are to be paid into the treasury of the appropriate civil jurisdiction, then any unpaid removal, towing, storage, and processing charges and collection costs shall be paid to the towing service from the treasury of the civil jurisdiction. That payment shall not, however, exceed the amount of proceeds from the sale, with the balance to be paid by the owner, operator, or other legally entitled person.

(D) Upon delivery of a written release order to the towing service, a vehicle subject to a hold order shall be released to the owner, operator, or other legally entitled person upon proof of ownership or other entitlement and upon payment of applicable removal, towing, storage, and processing charges and collection costs.

General Regulations 45

§ 70.105 UNKNOWN OWNER.

(A) When a law enforcement agency authorizing the impounding of a vehicle does not know the identity of the registered owner, lienholder or other legally entitled person, that law enforcement agency will cause the vehicle registration records of the State of Illinois to be searched by the Secretary of State for the purpose of obtaining the required ownership information.

(B) The law enforcement agency authorizing the impounding of a vehicle will cause the stolen motor vehicle files of the State Police to be searched by a directed communication to the State Police for stolen or wanted information on the vehicle. When the State Police files are searched with negative results, the information contained in the National Crime Information Center (NCIC) files will be searched by the State Police. The information determined from these record searches will be returned to the requesting law enforcement agency for that agency's use in sending a notification by certified mail to the registered owner, lienholder and other legally entitled persons advising where the vehicle is held, requesting a disposition be made and setting forth public sale information. Notification shall be sent no later than ten business days after the date the law enforcement agency impounds or authorizes the impounding of a vehicle, provided that if the law enforcement agency is unable to determine the identity of the registered owner, lienholder or other person legally entitled to ownership of the impounded vehicle within a ten business-day period after impoundment, then notification shall be sent no later than two days after the date the identity of the registered owner, lienholder or other person legally entitled to ownership of the impounded vehicle is determined. Exceptions to a notification by certified mail to the registered owner, lienholder and other legally entitled persons are set forth in § 70.108 of this Code.

(C) When ownership information is needed for a towing service to give notification as required under this Code, the towing service may cause the vehicle registration records of the State of Illinois to be searched by the Secretary of State, and in such case, the towing service also shall give notice to all lienholders of record within the time period required for such other notices.

(1) The written request of a towing service, in the form and containing the information prescribed by the Secretary of State by rule, may be transmitted to the Secretary of State in person, by U.S. mail or other delivery service, by facsimile transmission, or by other means the Secretary of State deems acceptable.

(2) The Secretary of State shall provide the required information, or a statement that the information was not found in the vehicle registration records of the State, by U.S. mail or other delivery service, facsimile transmission, as requested by the towing service, or by other means acceptable to the Secretary of State.

(D) The Secretary of State may prescribe standards and procedures for submission of requests for record searches and replies via computer link. 46 Swansea - Traffic Code

(E) Fees for services provided under this section shall be in amounts prescribed by the Secretary of State under § 3-821.1 of the Illinois Vehicle Code (625 ILCS 5/3-821.1). Payment may be made by the towing service using cash, any commonly accepted credit card, or any other means of payment deemed acceptable by the Secretary of State. (625 ILCS 5/4-205)

§ 70.106 STATE POLICE INFORMATION.

When the registered owner, lienholder, or other person legally entitled to the possession of a vehicle cannot be identified from the registration files of the 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 owner or other person legally entitled to the possession of the vehicle. The information obtained by the State Police will be immediately forwarded to the Police Department having custody of the vehicle for notification purposes as set forth in this traffic code. (625 ILCS 5/4-206)

§ 70.107 PUBLIC SALE; RECLAMATION.

At any time before a vehicle is sold at public sale or otherwise disposed of as provided in this chapter, the owner, lienholder, or other person legally entitled to its possession may reclaim the vehicle by presenting to the Police Department proof of ownership or proof of the right to possession of the vehicle. No vehicle shall be released to the owner, lienholder, or other person under this section until all towing, storage, and processing charges have been paid. (625 ILCS 5/4-207)

§ 70.108 DISPOSAL OF UNCLAIMED VEHICLES.

(A) New car.

(1) When an abandoned, lost, stolen or unclaimed vehicle seven years of age or newer remains unclaimed by the registered owner, lienholder or other legally entitled persons for a period of 30 days after notice has been given as provided in §§ 70.105 and 70.106 of this Code, the Police Department or towing service having possession of the vehicle shall cause it to be sold at public auction to a person licensed as an automotive parts recycler, rebuilder, or scrap processor under Chapter 5 of the Illinois Vehicle Code or the towing operator which towed the vehicle. Notice of the time and place of the sale shall be posted in a conspicuous place for at least ten days prior to the sale on the premises where the vehicle has been impounded. At least ten days prior to the sale, the law enforcement agency where the vehicle is impounded, or the towing service where the vehicle is impounded, shall cause a notice of the time and place of the sale to be sent by certified mail to the registered owner, lienholder, or other legally General Regulations 47

entitled persons. Notice as provided in §§ 70.105 and 70.106 of this code and as provided in this division (A) shall state the time and place of sale and shall contain a complete description of the vehicle to be sold and what steps must be taken by any legally entitled person to reclaim the vehicle. (625 ILCS 5/4-208(b))

(2) When the identity of the registered owner, lienholder, or other legally entitled persons of an abandoned, lost, or unclaimed vehicle of seven years of age or newer cannot be determined by any means provided for in this chapter, the vehicle may be sold as provided in this chapter without notice to any person whose identity cannot be determined. (625 ILCS 5/4-209(a))

(B) Old car. When an abandoned vehicle of more than seven years of age is impounded as specified by this chapter, or when any such vehicle is towed at the request or with the consent of the owner or operator and is subsequently abandoned, it will be kept in custody or storage for a minimum of ten days for the purpose of determining the identity of the registered owner, lienholder, or other legally entitled persons and contacting the registered owner, lienholder, or other legally entitled persons by the U.S. Mail, public service, or in person for a determination of disposition; and, an examination of the State Police stolen vehicle files for theft and wanted information. At the expiration of the ten-day period, without the benefit of disposition information being received from the registered owner, lienholder, or other legally entitled persons, the vehicle may be disposed of in either of the following ways:

(1) The Police Department will authorize the disposal of the vehicle as junk or salvage.

(2) The towing service may sell the vehicle in the manner provided in § 70.108 of this traffic code, provided that this division (B)(2) shall not apply to vehicles towed by order or authorization of the Police Department. (625 ILCS 5/4-209(b), 5/4-209(b)(l), 5/4-209(b)(2))

(C) Antique vehicle. A vehicle classified as an antique vehicle, expanded-use antique vehicle, custom vehicle, or street rod may however be sold to a person desiring to restore it. (625 ILCS 5/4-209(c))

(D) Dealer plates. If an abandoned, lost, stolen, or unclaimed vehicle displays dealer plates, notice under this Section shall be sent to both the dealer and the registered owner, lienholder, or other legally entitled persons. (625 ILCS 5/4-208(c))

(E) Certified notice returned. In those instances where the certified notification specified in §§ 70.105 and 70.106 of this traffic code has been returned by the postal authorities to the law enforcement agency or towing service, the sending of a second certified notice will not be required. (625 ILCS 5/4-208, 5/4-209)

48 Swansea - Traffic Code

§ 70.109 POLICE RECORD FOR DISPOSED VEHICLE.

When a 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 traffic code, a report of the transaction will be maintained by the Police Department for a period of one year from the date of the sale or disposal. (625 ILCS 5/4-210)

§ 70.110 PUBLIC SALE PROCEEDS.

(A) When a vehicle located within the corporate limits of this municipality is authorized to be towed away by the Chief of Police and disposed of as set forth in this traffic 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.

(B) The provisions of this section shall not apply to vehicles disposed of or sold at public sale under subsection (k) of § 4-107 of the Illinois Vehicle Code. (625 ILCS 5/4-211(a), 5/4-211(c))

§ 70.111 LIABILITY OF VILLAGE, OFFICERS, AGENCIES, AND TOWING SERVICES.

(A) A law enforcement officer or agency, or a towing service owner, operator, or employee shall not be held to answer to, 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 traffic code.

(B) A towing service, and any of its officers or employees, that removes or tows a vehicle as a result of being directed to do so by a law enforcement officer or agency or a department of municipal government or its officers or employees shall not be held to answer or be liable for loss of or damages to any real or personal property that occurs in the course of the removal or towing of a vehicle or its contents (1) on a limited access highway in a designated Incident Management Program that uses fast lane clearance techniques as defined by the Department of Transportation or (2) at the direction of a peace officer, a highway authority official, or a representative of local authorities, under §§ 76.08 and 76.09 of this code. (65 ILCS 5/11-40-3 and 625 ILCS 5/4-213)

General Regulations 49

§ 70.112 AUTHORIZATION OF BOND FEES.

The village may impose a fee up to $20 for bail processing against any person arrested for violating a bailable municipal ordinance or a state or federal law. Such bond fee shall not be retained by the police department, but should instead be ultimately deposited in the village's general fund. (65 ILCS 5/1-2-12.1)

§ 70.999 PENALTY.

(A) Violations.

(1) Arrests; bail. Any person arrested for a violation of any provision of this title shall be released upon proper bail being furnished as required by law.

(2) Compromise of parking violations.

(a) Any person accused of a violation of a law prohibiting parking a vehicle in a designated area, or restricting the length of time a vehicle maybe there parked, or parking in a metered area without putting a coin in the meter to cover the required time, may settle and compromise the claim against him or her for such illegal parking by paying to the village $10 for each such offense. Such payment may be made at the police station, and a receipt shall be issued for all money so received, and such money shall be promptly turned over to the Village Clerk 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 once the same has been compromised.

(b) Provided that, this section shall not apply to persons parking a vehicle so as to obstruct the entrance or exit of any place where Police or Fire Department apparatus or other emergency equipment is kept or housed, or so as to block an emergency entrance to 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 move a vehicle illegally parked at the request of any member of the Police Department.

(3) Prima facie proof. The fact that an automobile which is illegally parked or operated is registered in the name of the person charged with a violation of this title shall be considered prima facie proof that such person was in control of the automobile at the time of such violation. 50 Swansea - Traffic Code

(B) Penalty. Any person who violates any provision of this chapter for which no penalty is otherwise provided by ordinance or appropriate statutory penalty, shall be subject to a fine of not more than $750 for each and every violation thereof, and every day the violation continues shall constitute a separate offense.

(1) Traffic violations. Whoever violates any provision of this traffic code for which another penalty is not already otherwise provided by ordinance or by appropriate statutory penalty as generally set forth in 625 ILCS 5/16-101 et seq., shall, upon conviction, be subject to a fine of not less than $50, nor more than $750, for each and every violation thereof.

(2) Parking violations. Any person accused of a violation of any provision of this traffic code prohibiting parking a vehicle in a designated area, or restricting the length of time a vehicle may be there parked, or parking in a metered area without putting a coin in the meter to cover the required time, may settle and compromise the claim against him or her for the illegal parking by paying to the village $3 for each such offense if paid within five days, or $10 if paid within 21 days. This payment may be made at the police station, a receipt shall be issued for all money so received, and the money shall be promptly turned over to the Village 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. This section shall not apply to persons parking a vehicle so as to obstruct the entrance or exit of any place where Police or 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 move a vehicle illegally parked at the request of any member of the Police Department.

(3) Obedience to police officers. Any person convicted of violating § 70.015 is guilty of a petty offense and shall be subject to a mandatory fine of $150.

(4) Interference with traffic-control devices. Every person who is convicted of a violation of § 70.036 shall be punished by a fine of at least $250 in addition to any other penalties which may be imposed.

(5) Damage to highways, appurtenances and structures. Every person who is convicted of a violation of § 70.055 shall be punished by a fine of at least $250 in addition to any other penalty which may be imposed. Statutory reference: Related provisions, see 625 ILCS 5/11-203, 625 ILCS 5/11-311 and 625 ILCS 5/11-312

CHAPTER 71: TRAFFIC-CONTROL REGULATIONS

Section

Speed Restrictions

71.001 Speed limits 71.002 Special speed limits while passing schools 71.003 Maximum attainable operating speed 71.004 Minimum speed regulation

Turning and Starting; Signals

71.015 Required position and method of turning at intersections 71.016 Limitations on U-turns 71.017 Starting parked vehicle 71.018 When signal required 71.019 Signal by hand and arm or signal device 71.020 Method of giving hand and arm signals

Overtaking and Passing

71.035 Driving on right side of roadway; exceptions 71.036 Passing vehicles proceeding in opposite directions 71.037 Overtaking vehicles on the left 71.038 When overtaking on the right is permitted 71.039 Limitations on overtaking on the left 71.040 Meeting or overtaking school bus 71.041 One-way roadways and rotary traffic islands 71.042 No passing zones 71.043 Driving on roadways laned for traffic

Right-of-Way

71.060 Vehicles approaching or entering the intersection 71.061 Vehicle turning left 71.062 Vehicles entering stop crosswalk 71.063 Vehicle entering stop or yield intersection

51 52 Swansea - Traffic Code

71.064 Merging traffic 71.065 Vehicle entering highway from private road or driveway 71.066 Operation of vehicles on approach of authorized emergency vehicles 71.067 Funeral processions

Special Stops Required

71.080 Obedience to signal indicating approach of train or railroad track equipment 71.081 Certain vehicles must stop at all railroad grade crossings 71.082 Emerging from alley, building, private road or driveway 71.083 Stop when traffic obstructed

Prohibitions

71.095 Backing 71.096 Following vehicle too closely 71.097 Obstruction of driver's view or driving mechanism 71.098 Opening vehicle doors 71.099 Coasting 71.100 Following fire apparatus; driving over fire hose 71.101 Driving upon sidewalk 71.102 Use of roller skates, coasters or similar devices 71.103 Putting glass or other hazardous materials on highway prohibited 71.104 Obstructing person in highways 71.105 Farm tractor operation 71.106 Driving on control led-access highways 71.107 Encroachments 71.108 Unattended draft animals 71.109 Riding on running boards 71.110 Processions 71.111 Trucks

Parades

71.125 Definitions 71.126 Permit required 71.127 Application for permit 71.128 Standards for issuance of permit 71.129 Notice of rejection of permit application 71.130 Appeal procedure when permit denied 71.131 Alternative permit 71.132 Notice to village and other officials when permit issued 71.133 Contents of permit Traffic-Control Regulations 53

71.134 Duties of permittee 71.135 Public content during parades 71.136 Revocation of permit

Street Designations

71.150 Signs 71.151 Through streets 71.152 Yield streets 71.153 Closed streets

71.999 Penalty

SPEED RESTRICTIONS

§ 71.001 SPEED LIMITS.

(A) No vehicle may be driven upon any highway of this village at a speed which is greater than is reasonable and proper with regard to traffic conditions and the use of the highway, or 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, approaching and going around a curve, when approaching a hill crest, when traveling upon any nan-ow or winding roadway, or when special hazard exists with respect to pedestrians 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.

(B) No person may drive a vehicle upon any highway of this village at a speed which is greater than the applicable statutory maximum speed limit established by divisions (C) through (F) of this section, by 625 ILCS 5/11-605 or by a regulation or ordinance made under this chapter.

(C) Unless some other speed restriction is established under this chapter, the maximum speed limit in an urban district for all vehicles is:

(1) Twenty-five miles per hour; and

(2) Fifteen miles per hour in an alley.

(D) Unless some other speed restriction is established under this chapter, the maximum speed limit outside an urban district for any vehicle is 65 miles per hour for all highways under the jurisdiction of the Illinois State Toll Highway Authority and for all or part of highways that are designated by the 54 Swansea - Traffic Code

Department, have at least four lanes of traffic, and have a separation between the roadways moving in opposite directions and 55 miles per hour for all other highways, roads and streets.

(E) Unless some lesser speed restriction is established under this chapter, the maximum speed limit outside an urban district for a second division vehicle designed or used for the carrying of a gross weight of 8,001 pounds or more (including the weight of the vehicle and maximum load) is 55 miles per hour.

(F) Unless some other speed restriction is established under this chapter, the maximum speed limit outside an urban district for a bus is:

(1) Sixty-five miles per hour upon any highway which has at least four lanes of traffic and of which the roadways for traffic moving in opposite directions are separated by a strip of ground which is not surfaced or suitable for vehicular traffic, except that the maximum speed limit for a bus on all highways, roads, or streets not under the jurisdiction of the Department or the Illinois State Toil Highway Authority is 55 miles per hour; and

(2) Fifty-five miles per hour on any other highway.

Penalty, see § 71.999 Statutory reference: Authority to regulate speed, see 65 ILCS 5/11-40-1 and 625 ILCS 5/11-604 Related provisions, see 625 ILCS 5/11-601

§ 71.002 SPECIAL SPEED LIMITS WHILE PASSING SCHOOLS.

(A) School zones.

(1) For the purpose of this section, a SCHOOL DAY shall begin at 7:00 a.m. and shall conclude at 4:00 p.m.

(2) For the purpose of this section, SCHOOL means the following entities:

(a) A public or private primary or secondary school;

(b) A primary or secondary school operated by a religious institution; and/or

(c) A public, private or religious nursery school.

(3) On a school day when school children are present and so close thereto that a potential hazard exists because of the close proximity of the motorized traffic, no person shall drive a motor vehicle at a speed in excess of 20 mph while passing a school zone, or while traveling on a roadway on public school property or upon any public thoroughfare where children pass going to and from school. Traffic-Control Regulations 55

(4) This section shall not be applicable unless appropriate signs are posted upon streets and maintained by the village wherein the school zone is located. The signs shall give proper due warning that a school zone is being approached, and shall indicate the school zone and the maximum speed limit in effect during school days when school children are present. Nothing in this chapter shall prohibit the use of electronic speed-detecting devices within 500 feet of signs within a special school speed zone indicating the zone, as defined in this section, nor shall evidence obtained thereby be inadmissible in any prosecution for speed, provided the use of the device shall apply only to the enforcement of the speed limit in the special school speed zone. (625 ILCS 5/11-605(a))

(5) Nothing in this chapter shall prohibit the use of electronic speed-detecting devices within 500 feet of signs within a special school speed zone indicating the zone, as defined in this section, nor shall evidence obtained thereby be inadmissible in any prosecution for speeding, provided the use of the device shall apply only to the enforcement of the speed limit in the special school speed zone. (625 ILCS 5/11-605(c))

(B) Special limit while traveling through highway construction or maintenance speed zones.

(1) (a) A person may not operate a motor vehicle in a construction or maintenance speed zone at a speed in excess of the posted speed limit when workers are present.

(b) A person may not operate a motor vehicle in a construction or maintenance speed zone at a speed in excess of the posted speed limit when workers are not present.

(2) Nothing in this chapter prohibits the use of electronic speed-detecting devices within 500 feet of signs within a construction or maintenance speed zone indicating the zone, as defined in this section, nor shall evidence obtained by use of those devices be inadmissible in any prosecution for speeding, provided the use of the device shall apply only to the enforcement of the speed limit in the construction or maintenance speed zone.

(3) (a) As used in this section, a CONSTRUCTION or MAINTENANCE SPEED ZONE is an area in which the Department, toll highway authority or a local agency has posted signage advising drivers that a construction or maintenance speed zone is being approached, or in which the Department, authority, or local agency has posted a lower speed limit with a highway construction or maintenance speed zone special speed limit sign after determining that the preexisting established speed limit through a highway construction or maintenance project is greater than is reasonable or safe with respect to the conditions expected to exist in the construction or maintenance speed zone.

(b) If it is determined that the preexisting established speed limit is safe with respect to the conditions expected to exist in the construction or maintenance speed zone, additional speed limit signs which conform to the requirements of this division (B)(3) shall be posted.

(c) Highway construction or maintenance speed zone special speed limit signs shall be of a design approved by the Department. The signs must give proper due warning that a construction or 56 Swansea - Traffic Code

maintenance speed zone is being approached and must indicate the maximum speed limit in effect. The signs must also state the amount of the minimum fine for a violation. (625 ILCS 5/11-605.1) Penalty, see § 71.999

§ 71.003 MAXIMUM ATTAINABLE OPERATING SPEED.

(A) No person shall drive or operate any motor vehicle on any street or highway in the village where the minimum allowable speed on that street or highway, as posted, is greater than the maximum attainable operating speed of the vehicle.

(B) Maximum attainable operating speed shall be determined by the manufacturer of the vehicle and clearly published in the manual of specifications and operation, or it shall be determined by applicable rule and regulation promulgated by the Secretary of State. (625 ILCS 5/11-611) Penalty, see § 71.999

§ 71.004 MINIMUM SPEED REGULATION.

No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and regular movement of traffic, except when reduced speed is necessary for safe operation of his or her vehicle or in compliance with law. (625 ILCS 5/11-606(a)) Penalty, see § 71.999

TURNING AND STARTING; SIGNALS

§ 71.015 REQUIRED POSITION AND METHOD OF TURNING AT INTERSECTIONS.

(A) The driver of a vehicle intending to turn at an intersection shall do so as follows.

(1) Both the approach for a right turn and a right turn shall be made as close as practical to the right-hand curb or edge of the roadway.

(2) The driver of a vehicle intending to turn left at any intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle, and after entering the intersection, the left turn shall be made so as to leave the intersection in a lane lawfully available to traffic moving in such direction upon the roadway being entered. Whenever practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection. Traffic-Control Regulations 57

(3) The State Department of Transportation and local authorities in their respective jurisdictions may cause official traffic-control devices to be placed within or adjacent to intersections and thereby require and direct that a different course from that specified in this section be traveled by vehicles turning at an intersection, and when such devices are so placed no driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by those devices.

(B) Where a special lane for making left turns by drivers proceeding in opposite directions has been indicated by official traffic-control devices.

(1) A left turn shall not be made from any other lane.

(2) A vehicle shall not be driven in the lane, except when preparing for or making a left turn from or into the roadway or when preparing for or making a U-turn when otherwise permitted by law. (625 ILCS 5/11-801) Penalty, see § 71.999

§ 71.016 LIMITATIONS ON U-TURNS.

(A) The driver of any vehicle shall not turn the vehicle so as to proceed in the opposite direction unless the movement can be made in safety and without interfering with other traffic.

(B) No vehicle shall be turned so as to proceed in the opposite direction upon any curve, or upon the approach to or near the crest of a grade, where the vehicle cannot be seen by the driver of any other vehicle approaching from either direction within 500 feet. (625 ILCS 5/11-802) Penalty, see § 71.999

§ 71.017 STARTING PARKED VEHICLE.

No person shall start a vehicle which is stopped, standing or parked, unless and until the movement can be made with reasonable safety. (625 ILCS 5/11-803) Penalty, see § 71.999

§ 71.018 WHEN SIGNAL REQUIRED.

(A) No person may turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in § 71.015 of this chapter, or turn a vehicle to enter a private road or driveway, or otherwise turn a vehicle from a direct course, or move right or left upon a roadway unless and until the movement can be made with reasonable safety. No person may so turn any vehicle without giving an appropriate signal in the manner hereinafter provided. 58 Swansea - Traffic Code

(B) A signal of intention to turn right or left when required must be given continuously during not less than the last 100 feet traveled by the vehicle before turning within a business or residence district, and the signal must be given continuously during not less than the last 200 feet traveled by the vehicle before turning outside a business or residence district.

(C) No person may stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided in this chapter to the driver of any vehicle immediately to the rear when there is opportunity to give a signal.

(D) The electric turn signal device required in 625 ILCS 5/12-208, must be used to indicate an intention to turn, change lanes or start from a parallel parked position, but must not be flashed on one side only on a parked or disabled vehicle, or flashed as a courtesy or “do pass” signal to operators of other vehicles approaching from the rear. However, signal devices may be flashed simultaneously on both sides of a motor vehicle to indicate the presence of a vehicular traffic hazard requiring unusual care in approaching, overtaking and passing. (625 ILCS 5/11-804) Penalty, see § 71.999

§ 71.019 SIGNAL BY HAND AND ARM OR SIGNAL DEVICE.

Any stop or turn signal, when required herein, shall be given either by means of the hand and arm or by an electric turn signal device conforming to the requirements provided in 625 ILCS 5/12- 208. (625 ILCS 5/11-805) Penalty, see § 71.999

§ 71.020 METHOD OF GIVING HAND AND ARM SIGNALS.

All signals given by hand and arm shall be given from the left side of the vehicle in the following manner, and the signals shall indicate as follows:

(A) Left turn. Hand and arm extended horizontally;

(B) Right turn. Hand and arm extended upward; except that, a person operating a bicycle may extend the right hand and arm horizontally and to the right side of the bicycle; and

(C) Stop or decrease of speed. Hand and arm extended downward. (625 ILCS 5/11-806) Penalty, see § 71.999

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OVERTAKING AND PASSING

§ 71.035 DRIVING ON RIGHT SIDE OF ROADWAY; EXCEPTIONS.

(A) Upon all roadways of sufficient width, a vehicle shall be driven upon the right half of the roadway, except as follows:

(1) When overtaking and passing another vehicle proceeding in the same direction under the rules governing those movements;

(2) When an obstruction exists making it necessary to drive to the left of the center of the roadway; provided, any person so doing shall yield the right-of-way to all vehicles traveling in the proper direction upon the unobstructed portion of the roadway within such distance as to constitute an immediate hazard;

(3) Upon a roadway divided into three marked lanes for traffic under the rules applicable thereon;

(4) Upon a roadway restricted to one-way traffic; or

(5) Whenever there is a single-track paved road on one side of the public highway and two vehicles meet thereon, the driver on whose right is the wider shoulder shall give the right-of-way on the pavement to the other vehicle.

(B) Upon a two-lane roadway, providing for two-way movement of traffic, a vehicle shall be driven in the right-hand lane available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction, or when preparing for a left turn at an intersection or into a private road or driveway.

(C) Upon any roadway having four or more lanes for moving traffic, and providing for two-way movement of traffic, no vehicle shall be driven to the left of the center line of the roadway, except when authorized by official traffic-control devices designating certain lanes to the left side of the center of the roadway for use by traffic not otherwise permitted to use the lanes, or except as permitted under division (A)(2) above. However, this division (C) shall not be construed as prohibiting the crossing of the center line in making a left turn into or from an alley, private road or driveway.

(D) (1) Upon an interstate highway or fully access-controlled freeway, a vehicle may not be driven in the left lane, except when overtaking and passing another vehicle.

(2) Division (D)(1) above does not apply:

(a) When no other vehicle is directly behind the vehicle in the left lane; 60 Swansea - Traffic Code

(b) When traffic conditions and congestion make it impractical to drive in the right lane;

(c) When snow and other inclement weather conditions make it necessary to drive in the Left lane;

(d) When obstructions or hazards exist in the right lane;

(e) When a vehicle changes lanes to comply with 625 ILCS 5/11-907, 5/11-907.5 and 5/11-908;

(f) When, because of highway design, a vehicle must be driven in the left lane when preparing to exit;

(g) On toll highways when necessary to use I-Pass, and on toll and other highways when driving in the left lane is required to comply with an official traffic-control device; or

(h) To law enforcement vehicles, ambulances and other emergency vehicles engaged in official duties and vehicles engaged in highway maintenance and construction operation. (625 ILCS 5/11-701) Penalty, see § 71.999

§ 71.036 PASSING VEHICLES PROCEEDING IN OPPOSITE DIRECTIONS.

Drivers of vehicles proceeding in opposite directions shall pass each other to the right and upon roadways having width for not more than one line of traffic in each direction, each driver shall give to the other at least one-half of the main traveled portion of the roadway as nearly as possible. (625 ILCS 5/11-702) Penalty, see § 71.999

§ 71.037 OVERTAKING VEHICLES ON THE LEFT.

The following rules govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions and special rules otherwise stated in this chapter.

(A) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance, and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. In no event shall the movement be made by driving off the pavement or the main traveled portion of the roadway.

(B) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal, and shall not increase the speed of his or her vehicle until completely passed by the overtaking vehicle.

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(C) The driver of a two-wheeled vehicle may not, in passing upon the left of any vehicle proceeding in the same direction, pass upon the right of any vehicle proceeding in the same direction unless there is an unobstructed lane of traffic available to permit the passing maneuver safely.

(D) The operator of a motor vehicle overtaking a bicycle or individual proceeding in the same direction on a highway shall leave a safe distance, but not less than three feet, when passing the bicycle or individual and shall maintain that distance until safely past the overtaken bicycle or individual.

(E) A driver of a motor vehicle overtaking a bicycle proceeding in the same direction on a highway may, subject to the provisions in division (D) of this section and 625 ILCS 5/11-706, pass to the left of the bicycle on a portion of the highway designated as a no-passing zone under 625 ILCS 5/11-707 if the driver is able to overtake and pass the bicycle when:

(1) The bicycle is traveling at a speed of less than half of the posted speed limit of the highway;

(2) The driver is able to overtake and pass the bicycle without exceeding the posted speed limit of the highway; and

(3) There is sufficient distance to the left of the centerline of the highway for the motor vehicle to meet the overtaking and passing requirements under this section.

(F) A person driving a motor vehicle shall not, in a reckless manner, drive the motor vehicle unnecessarily close to, toward or near a bicyclist, pedestrian or a person riding a horse or driving an animal-drawn vehicle. (625 , Act 5, § 11-703) Penalty, see § 71.999

§ 71.038 WHEN OVERTAKING ON THE RIGHT IS PERMITTED.

(A) The driver of a vehicle with three or more wheels may overtake and pass upon the right of another vehicle only under the following conditions:

(1) When the vehicle overtaken is making or about to make a left turn;

(2) Upon a roadway with unobstructed pavement of sufficient width for two or more lines of vehicles moving lawfully in the direction being traveled by the overtaking vehicle; and

(3) Upon a one-way street, or upon any roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for two or more lines of moving vehicles.

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(B) The driver of a two-wheeled vehicle may not pass upon the right of any other vehicle proceeding in the same direction unless the unobstructed pavement to the right of the vehicle being passed is of a width of not less than eight feet. This division does not apply to devices propelled by human power.

(C) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting the movement in safety. This movement shall not be made by driving off the roadway. (625 ILCS 5/11-704) Penalty, see § 71.999

§ 71.039 LIMITATIONS ON OVERTAKING ON THE LEFT.

(A) Passing on the left.

(1) No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless authorized by the provisions of this chapter, and unless the left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit the overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction, or any vehicle overtaken.

(2) In every event, the overtaking vehicle must return to an authorized lane of travel as soon as practicable, and in the event the passing movement involves the use of a lane authorized for vehicles approaching from the opposite direction, before coming within 200 feet of any vehicle approaching from the opposite direction. (625 ILCS 5/11-705)

(B) Conditions where passing on the left is prohibited.

(1) No vehicle shall be driven on the left side of the roadway under the following conditions:

(a) When approaching or upon the crest of a grade or a curve in the highway where the driver's view is obstructed within a distance as to create a hazard in the event another vehicle might approach from the opposite direction;

(b) When approaching within 100 feet of or traversing any intersection or railroad grade crossing; and/or

(c) When the view is obstructed upon approaching within 100 feet of any bridge, viaduct or tunnel.

(2) The limitations in division (B)(1) above do not apply upon a one-way roadway, nor upon a roadway with unobstructed pavement of sufficient width for two or more lanes of moving traffic in

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each direction, nor to the driver of a vehicle turning left into or from an alley, private road or driveway when the movements can be made with safety. (625 ILCS 5/11-706) Penalty, see § 71.999

§ 71.040 MEETING OR OVERTAKING SCHOOL BUS.

(A) The driver of a vehicle shall stop the vehicle before meeting or overtaking, from either direction, any school bus stopped on a highway, roadway, private road, parking lot, school property, or at any other location, including, without limitation, a location that is not a highway or roadway for the purpose of receiving or discharging pupils. The stop is required before reaching the school bus when there is in operation on the school bus the visual signals as specified in 625 ILCS 5/12-803 and 5/12-805. The driver of the vehicle shall not proceed until the school bus resumes motion or the driver of the vehicle is signaled by the school bus driver to proceed or the visual signals are no longer actuated.

(B) The stop signal arm required by 625 ILCS 5/12-803, shall be extended after the school bus has come to a complete stop for the purpose of loading or discharging pupils and shall be closed before the school bus is placed in motion again. The stop signal arm shall not be extended at any other time.

(C) The alternately flashing red signal lamps of an eight-lamp flashing signal system required by 625 ILCS 5/12-805, shall be actuated after the school bus has come to a complete stop for the purpose of loading or discharging pupils and shall be turned off before the school bus is placed in motion again. The red signal lamps shall not be actuated at any other time except as provided in division (D) below.

(D) (1) The alternately flashing amber signal lamps of an eight-lamp flashing signal system required by 625 ILCS 5/12-805, shall be actuated continuously during not less than the last 100 feet traveled by the school bus before stopping for the purpose of loading or discharging pupils within an urban area, and during not less than the last 200 feet traveled by the school bus outside an urban area. The amber signal lamps shall remain actuated until the school bus is stopped. The amber signal lamps shall not be actuated at any other time.

(2) The alternately flashing headlamps permitted by 625 ILCS 5/12-805, may be operated while the alternately flashing red or amber signal maps required by that section are actuated.

(E) The driver of a vehicle upon a highway having four or more lanes which permits at least two lanes of traffic to travel in opposite directions need not stop the vehicle upon meeting a school bus which is stopped in the opposing roadway; and need not stop the vehicle when driving upon a controlled access highway when passing a school bus traveling in either direction that is stopped in a loading zone adjacent to the surfaced or improved part of the controlled access highway where pedestrians are not permitted to cross. (625 ILCS 5/11-1414) Penalty, see § 71.999

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§ 71.041 ONE-WAY ROADWAYS AND ROTARY TRAFFIC ISLANDS.

(A) Upon a roadway designated for one-way traffic, a vehicle shall be driven only in the direction designated at all or such times as shall be indicated by official traffic-control devices.

(B) A vehicle passing around a rotary traffic island must be driven only to the right of the island.

(C) Whenever any highway has been divided into two or more roadways by leaving an intervening space or by a physical barrier or a clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle must be driven only upon the right-hand roadway unless directed or permitted to use another roadway by official traffic-control devices or police officers. No vehicle may be driven over, across or within any dividing space, barrier or section except through an opening in the physical barrier, or dividing section, or space, or at a cross-over or intersection as established by public authority.

(D) The driver of a vehicle may turn left across a paved non-curbed dividing space unless prohibited by an official traffic-control device. (625 ILCS 5/11-708) Penalty, see § 71.999

§ 71.042 NO-PASSING ZONES.

(A) The Village Board is authorized to determine those portions of any highway within the village where overtaking and passing or driving on the left of the roadway would be especially hazardous, and may by appropriate signs or markings on the roadway indicate the beginning and end of the zones, and when signs or markings are in place and clearly visible to an ordinarily observant person, every driver of a vehicle shall obey the directions thereof.

(B) Where signs or markings are in place to define a no-passing zone as set forth in division (A) above, no driver may, at any time, drive on the left side of the roadway within the no-passing zone or on the left side of any pavement striping designed to mark the no-passing zone throughout its length.

(C) This section does not apply under the conditions described in § 71.035(A)(2) and § 71.037(E) of this chapter, nor to the driver of a vehicle turning left into or from an alley, private road or driveway. The pavement striping designed to mark the no-passing zone may be crossed from the left-hand lane for the purpose of completing a pass that was begun prior to the beginning of the zone in the driver's direction of travel. (625 ILCS 5/11-707) Penalty, see § 71.999

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§ 71.043 DRIVING ON ROADWAYS LANED FOR TRAFFIC.

Whenever any roadway has been divided into two or more clearly marked lanes for traffic the following rules in addition to all others consistent herewith shall apply.

(A) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from that lane until the driver has first ascertained that the movement can be made with safety.

(B) Upon a roadway which is divided into three lanes and provides for two-way movement of traffic, a vehicle shall not be driven in the center lane, except when overtaking and passing another vehicle traveling in the same direction when the center lane is clear of traffic within a safe distance, or in preparation for making a left turn or where the center lane is at the time allocated exclusively to traffic moving in the same direction that the vehicle is proceeding and the allocation is designated by official traffic-control devices.

(C) Official traffic-control devices may be erected directing specific traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway and drivers of vehicles shall obey the directions of every such device. Drivers must obey lane designation signing except when it is necessary to use a different lane to make a turning maneuver.

(D) Official traffic-control devices may be installed prohibiting the changing of lanes on sections of roadway and drivers of vehicles shall obey the directions of every such device.

(E) A person is not in violation of this section if he or she is complying with 625 ILCS 5/11- 907, 11-907.5, or 11-908. (625 ILCS 5/11-709) Penalty, see § 71.999

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RIGHT-OF-WAY

§ 71.060 VEHICLES APPROACHING OR ENTERING INTERSECTION.

When two vehicles approach or enter an intersection from different roadways at approximately the same time, the driver of the vehicle on the left must yield the right-of-way to the vehicle on the right. This rule may be modified at through highways or streets and where otherwise inconsistent with the provisions of this traffic code. (625 ILCS 5/11-901) Penalty, see § 71.999

§ 71.061 VEHICLE TURNING LEFT.

The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction which is so close as to constitute an immediate hazard, but the driver, having so yielded, may proceed as soon as a safe interval occurs. (625 ILCS 5/11-902) Penalty, see § 71.999

§ 71.062 VEHICLES ENTERING STOP CROSSWALK.

Where stop signs or flashing red signals are in place at an intersection, or flashing red signals are in place at a plainly marked crosswalk between intersections, drivers of vehicles shall stop before entering the nearest crosswalk, and pedestrians within or entering the crosswalk at either edge of the roadway shall have the right-of-way over vehicles so stopped. Drivers of vehicles having so yielded the right-of-way to pedestrians entering or within the nearest crosswalk at an intersection shall also yield the right-of-way to pedestrians within any other crosswalk at the intersection. (625 ILCS 5/11-903) Penalty, see § 71.999

§ 71.063 VEHICLE ENTERING STOP OR YIELD INTERSECTION.

(A) Preferential right-of-way at an intersection may be indicated by stop or yield signs.

(B) Except when directed to proceed by a police officer or traffic-control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign 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 before entering the intersection. After having stopped, the driver shall yield the right-of-way to any vehicle which has entered the intersection from another roadway, or which is 66 Swansea - Traffic Code

approaching so closely on the roadway as to constitute an immediate hazard during the time when the driver is moving across or within the intersection, but the driver, having so yielded, may proceed as soon as a safe interval occurs.

(C) The driver of a vehicle approaching a yield sign shall, in obedience to the sign, 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, of 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 the driver is moving across or within the intersection.

(D) If a driver is involved in a collision at an intersection or interferes with the movement of other vehicles after driving past a yield right-of-way sign, the collision or interference shall be deemed prima facie evidence of the driver's failure to yield right-of- way. (625 ILCS 5/11-904) Penalty, see § 71.999

§ 71.064 MERGING TRAFFIC.

Notwithstanding the right-of-way provision in § 71.060 of this chapter, at an intersection where traffic lanes are provided for merging traffic, the driver of each vehicle on the converging roadways is required to adjust his or her vehicular speed and lateral position so as to avoid a collision with another vehicle. (625 ILCS 5/11-905) Penalty, see § 71.999

§ 71.065 VEHICLE ENTERING HIGHWAY FROM PRIVATE ROAD OR DRIVEWAY.

The driver of a vehicle about to enter or cross a highway from an alley, building, private road or driveway shall yield the right-of-way to all vehicles approaching on the highway to be entered. (625 ILCS 5/11-906) Penalty, see § 71.999

§ 71.066 OPERATION OF VEHICLES ON APPROACH OF AUTHORIZED EMERGENCY VEHICLES.

(A) Upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals meeting the requirements of this chapter, or a police vehicle properly and lawfully making use of an audible or visual signal, the driver of every other vehicle shall yield the right-of- way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the highway clear of any intersection, and shall, if necessary to permit the safe passage of the emergency vehicle, stop and remain in that position until the authorized emergency vehicle has passed, unless otherwise directed by a police officer. Traffic-Control Regulations 67

(B) This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway. (625 ILCS 5/11-907(b)) Penalty, see § 71.999

§ 71.067 FUNERAL PROCESSIONS.

(A) Funeral processions have the right-of-way at intersections when vehicles comprising the procession have their headlights and hazard lights lighted, subject to the following conditions and exceptions:

(1) Operators of vehicles in a funeral procession shall yield the right-of-way upon the approach of an authorized emergency vehicle giving an audible or visible signal;

(2) Operators of vehicles in a funeral procession shall yield the right-of-way when directed to do so by a traffic officer; and

(3) The operator of the leading vehicle in a funeral procession shall comply with stop signs and traffic-control signals, but when the leading vehicle has proceeded across an intersection in accordance with the signal or after stopping as required by the stop sign, all vehicles in the procession may proceed without stopping, regardless of the sign or signal, and the leading vehicle and the vehicles in procession shall proceed with due caution.

(B) The operator of a vehicle not in the funeral procession shall not drive his or her vehicle in the funeral procession, except when authorized to do so by a traffic officer or when the vehicle is an authorized emergency vehicle giving audible or visible signal.

(C) Operators of vehicles not a part of a funeral procession may not form a procession or convoy and have their headlights or hazard lights or both lighted for the purpose of securing the right-of-way granted by this section to funeral processions.

(D) The operator of a vehicle not in a funeral procession may overtake and pass the vehicles in the procession if the overtaking and passing can be accomplished without causing a traffic hazard or interfering with such procession.

(E) The lead vehicle in the funeral procession may be equipped with a flashing amber light which may be used only when the vehicle is used as a lead vehicle in the procession. Vehicles comprising a funeral procession may utilize funeral pennants or flags or windshield stickers or flashing hazard warning signal flashers to identify the individual vehicles in such a procession.

(F) In the absence of law enforcement traffic- control assistance for a funeral procession, a funeral director or his or her designee may direct traffic during a funeral procession. (625 ILCS 5/11-1420) Penalty, see § 71.999

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SPECIAL STOPS REQUIRED

§ 71.080 OBEDIENCE TO SIGNAL INDICATING APPROACH OF TRAIN OR RAILROAD TRACK EQUIPMENT.

(A) Whenever any person driving a vehicle approaches a railroad grade crossing where the driver is not always required to stop, the person must exercise due care and caution as the existence of a railroad track across a highway is a warning of danger, and under any of the circumstances stated in this section, the driver shall stop within 50 feet but not less than 15 feet from the nearest rail of the railroad, and shall not proceed until the tracks are clear and he or she can do so safely. The foregoing requirements shall apply when:

(1) A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train or railroad track equipment;

(2) A crossing gate is lowered or a human flagger gives or continues to give a signal of the approach or passage of a railroad train or railroad track equipment;

(3) A railroad train or railroad track equipment approaching a highway crossing emits a warning signal and the train or railroad track equipment, by reason of its speed or nearness to the crossing, is an immediate hazard;

(4) An approaching railroad train or railroad track equipment is plainly visible and is in hazardous proximity to the crossing; or

(5) A railroad train or railroad track equipment is approaching so closely that an immediate hazard is created.

(B) Whenever a person driving a vehicle approaches a railroad grade crossing where the driver is not always required to stop but must slow down, the person must exercise due care and caution as the existence of a railroad track across a highway is a warning of danger, and under any of the circumstances stated in this section, the driver shall slow down within 50 feet, but not less than 15 feet, from the nearest rail of the railroad and shall not proceed until he or she checks that the tracks are clear of an approaching train or railroad track equipment.

(C) No person shall drive any vehicle through, around or under any crossing gate or barrier at a railroad crossing while the gate or barrier is closed or is being opened or closed.

(D) When stop signs are erected at railroad grade crossings, the driver of any vehicle shall stop within 50 feet but not less than 15 feet from the nearest rail of the railroad, and shall proceed only upon exercising due care. Traffic-Control Regulations 69

(E) At any railroad grade crossing provided with railroad crossbuck signs, without automatic, electric or mechanical signal devices, crossing gates or a human flagger giving a signal of the approach or passage of a train or railroad track equipment, the driver of a vehicle shall in obedience to the railroad crossbuck sign, yield the right-of-way and slow down to a speed reasonable for the existing conditions and shall stop, if required for safety, at a clearly marked stopped line, or if no stop line, within 50 feet but not less than 15 feet from the nearest rail of the railroad and shall not proceed until he or she can do so safely. If a driver is involved in a collision at a railroad crossing or interferes with the movement of a train or railroad track equipment after driving past the railroad crossbuck sign, the collision or interference is prima facie evidence of the driver's failure to yield right-of-way.

(F) No person shall, while driving a commercial motor vehicle, fail to negotiate a railroad- highway grade railroad crossing because of insufficient undercarriage clearance.

(G) It is unlawful to violate any part of this section. (625 ILCS 5/11-1201) Penalty, see § 71.999

§ 71.081 CERTAIN VEHICLES MUST STOP AT ALL RAILROAD GRADE CROSSINGS.

(A) The driver of any of the following vehicles shall, before crossing a railroad track or tracks at grade, stop that vehicle within 50 feet, but not less than 15 feet, from the nearest rail, and while so stopped, shall listen and look for the approach of a train or railroad track equipment, and shall not proceed until that movement can be made with safety:

(1) Any second division vehicle carrying passengers for hire;

(2) Any bus that meets all of the special requirements for school buses in 625 ILCS 5/12- 801, 5/12-803 and 5/12-805. The driver of the bus, in addition to complying with all other applicable requirements of this division (A), must also turn off all noise-producing accessories, including heater blowers, defroster fans, auxiliary fans and radios, and open the service door and driver's window, before crossing a railroad track or tracks; and

(3) Any other vehicle which is required by federal or state law to be placarded when carrying as a cargo or part of a cargo “hazardous material”, as defined in 430 ILCS 30/3. After stopping as required in this section, the driver shall proceed only in a gear not requiring a change of gears during the crossing, and the driver shall not shift gears while crossing the track or tracks.

(B) This section shall not apply:

(1) At any railroad grade crossing where traffic is controlled by a police officer or flagger;

(2) At any railroad grade crossing controlled by a functioning traffic-control signal transmitting a green indication which, under law, permits the vehicle to proceed across the railroad tracks without slowing or stopping, except that division (A) of this section shall apply to any school bus; 70 Swansea - Traffic Code

(3) At any streetcar grade crossing within a business or residence district; or

(4) At any abandoned industrial or spur track railroad grade crossing designated as exempt by the Illinois Commerce Commission and marked with an official sign as authorized in the State Manual of Uniform Traffic-Control Devices for Streets and Highways. (625 ILCS 5/11-1202) Penalty, see § 71.999

§ 71.082 EMERGING FROM ALLEY, BUILDING, PRIVATE ROAD OR DRIVEWAY.

The driver of a vehicle emerging from an alley, building, private road or driveway within an urban area shall stop the vehicle immediately prior to driving into the sidewalk area extending across the alley, building entrance, road or driveway, or in the event there is no sidewalk area, shall stop at the point nearest the street to be entered where the driver has a view of approaching traffic thereon, and shall yield the right-of-way to any pedestrians as may be necessary to avoid collision, and upon entering the roadway, shall yield the right-of-way to all vehicles approaching on the roadway. (625 ILCS 5/11-1205) Penalty, see § 71.999

§ 71.083 STOP WHEN TRAFFIC OBSTRUCTED.

(A) No driver shall enter an intersection or a marked crosswalk, or drive onto any railroad grade crossing unless there is sufficient space on the other side of the intersection, crosswalk or railroad grade crossing to accommodate the vehicle he or she is operating without obstructing the passage of other vehicles, pedestrians or railroad trains, notwithstanding any traffic-control signal indication to proceed.

(B) No driver shall enter a highway rail grade crossing unless there is sufficient space on the other side of the highway rail grade crossing to accommodate the vehicle being operated without obstructing the passage of a train or other railroad equipment using the rails, notwithstanding any traffic- control signal indication to proceed. (625 ILCS 5/11-1425) Penalty, see § 71.999

PROHIBITIONS

§ 71.095 BACKING.

(A) The driver of a vehicle shall not back the same unless the movement can be made with safety and without interfering with other traffic. Traffic-Control Regulations 71

(B) The driver of a vehicle shall not back the same upon any shoulder or roadway of any controlled-access highway. (625 ILCS 5/11-1402) Penalty, see § 71.999

§ 71.096 FOLLOWING VEHICLE TOO CLOSELY.

The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles and the traffic upon and conditions of the street or highway. (625 ILCS 5/11-710) Penalty, see § 71.999

§ 71.097 OBSTRUCTION OF DRIVER'S VIEW OR DRIVING MECHANISM.

(A) No person shall drive a vehicle when it is so loaded, or when there are in the front seat such number of persons, exceeding three, as to obstruct the view of the driver to the front or sides of the vehicle, or as to interfere with the driver's control over the driving mechanism of the vehicle.

(B) No passenger in a vehicle or streetcar shall ride in a position as to interfere with the driver's or motorman's view ahead or to the sides, or to interfere with his or her control over the driving mechanism of the vehicle or streetcar.

(C) No passenger on a school bus may ride or stand in a position as to interfere with the driver's view ahead or to the side or to the rear, or to interfere with his or her control of the driving mechanism of the bus. (625 ILCS 5/11-1406) Penalty, see § 71.999

§ 71.098 OPENING VEHICLE DOORS.

No person shall open the door of a vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers. (625 ILCS 5/11-1407) Penalty, see § 71.999

§ 71.099 COASTING.

(A) The driver of any motor vehicle when traveling upon a down grade shall not coast with the gears or transmission of the vehicle in neutral. 72 Swansea - Traffic Code

(B) The driver of a truck or bus when traveling upon a down grade shall not coast with the clutch disengaged. (625 ILCS 5/11-1410) Penalty, see § 71.999

§ 71.100 FOLLOWING FIRE APPARATUS; DRIVING OVER FIRE HOSE.

(A) The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than 500 feet or stop the vehicle within 500 feet of any fire apparatus stopped in answer to a fire alarm. (625 ILCS 5/11-1411)

(B) No vehicle shall be driven over any unprotected hose of the Fire Department when laid down on any street, private road or driveway to be used at any fire or alarm of fire, without the consent of the Fire Department official in command. (625 ILCS 5/11-1412) Penalty, see § 71.999

§ 71.101 DRIVING UPON SIDEWALK.

(A) No person shall drive any vehicle upon a sidewalk or sidewalk area, except upon a permanent or duly authorized temporary driveway.

(B) (1) This section does not apply to any vehicle moved exclusively by human power, to any electric personal assistive mobility device, nor to any motorized wheelchair.

(2) Nothing in this section shall be deemed to limit or preempt the authority of any home rule or non-home rule unit of the village from regulating or prohibiting the use of electric personal assistive mobility devices. (625 ILCS 5/11-1412.1)

(C) A person may not operate an electric personal assistive mobility device upon a public sidewalk at a speed greater than eight mph. (625 ILCS 5/11-1412.2) Penalty, see § 71.999

§ 71.102 USE OF ROLLER SKATES, COASTERS OR SIMILAR DEVICES.

No person upon roller skates or riding in or by means of any coaster, toy vehicle, skateboard or similar device shall go upon any roadway, except while crossing a street on a crosswalk and except upon streets set aside as play streets when authorized by the traffic authority. Penalty, see § 71.999 Traffic-Control Regulations 73

§ 71.103 PUTTING GLASS OR OTHER HAZARDOUS MATERIALS ON HIGHWAY PROHIBITED.

(A) No person shall throw, spill or deposit upon any highway any bottle, glass, nails, tacks, wire, cans or any litter, as defined in the Litter Control Act, 415 ILCS 105/3.

(B) Any person who violates division (A) above upon any highway shall immediately remove the material or cause it to be removed.

(C) Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other debris, except any hazardous substance as defined in 415 ILCS 5/3.215, hazardous waste as defined in 415 ILCS 5/3.220, and potentially infectious medical waste as defined in 415 ILCS 5/3.360, dropped upon the highway from such vehicle. (625 ILCS 5/11-1413) Penalty, see § 71.999

§ 71.104 OBSTRUCTING PERSON IN HIGHWAYS.

No person shall willfully and unnecessarily hinder, obstruct or delay, or willfully and unnecessarily attempt to delay, hinder or obstruct any other person in lawfully driving or traveling along or upon any highway within the village, or offer for barter or sale merchandise on the highway so as to interfere with the effective movement of traffic. (625 ILCS 5/11-1416) Penalty, see § 71.999

§ 71.105 FARM TRACTOR OPERATION.

(A) No person shall operate a farm tractor on a highway in the village unless the tractor is being used as an implement of husbandry in connection with farming operations.

(B) For the purpose of this section, the use of a farm tractor as an implement of husbandry in connection with farming operations shall be deemed to include use of the tractor in connection with the transportation of agricultural products and of farm machinery, equipment and supplies, as well as the transportation of the implement of husbandry from its place of purchase to its place of storage, in connection with the obtaining of repairs of the implement of husbandry, and the towing of a registered truck of not more than 8,000 pounds for use as return transportation after the tractor is left at the place of work or repair. (625 ILCS 5/11-1418) Penalty, see §71.999

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§ 71.106 DRIVING ON CONTROLLED-ACCESS HIGHWAY.

No person may drive a vehicle onto or from any controlled-access highway, except at entrances and exits established by public authority. (625 ILCS 5/11-711) Penalty, see § 71.999

§ 71.107 ENCROACHMENTS.

(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CONSTRUCTION EASEMENT AREA. The area lying between the project right-of-way limits and the platted street limits which the village, by concurrence in the establishment of the project right- of-way lines, will permit the state to enter to perform all necessary construction operations.

ENCROACHMENT. Any building, fence, sign or any other structure or object of any kind (with the exception of utilities and public road signs), which is placed, located or maintained in, on, under or over any portion of the project right-of-way or the roadway right-of-way where no project right- of-way line has been established.

PERMISSIBLE ENCROACHMENT. Any existing awning, marquee, advertising sign or similar overhanging structure supported from a building immediately adjacent to the limits of the platted street where there is a sidewalk extending to the building line and which does not impair the free and safe flow of traffic on the highway; the permissive retention of overhanging signs is not to be construed as being applicable to those signs supported from poles constructed outside the project right-of-way line and not confined by adjacent buildings.

PROJECT RIGHT-OF-WAY. Those areas the project right-of-way lines established jointly by the village and the state, which will be free of encroachments, except as herein defined.

ROADWAY RIGHT-OF-WAY. Those areas existing or acquired by dedication or by fee simple for highway purposes; also, the areas acquired by temporary easement during the time the easement is in effect.

(B) Prohibition of encroachments. It shall be unlawful for any person, firm or corporation to erect or cause to be erected, to retain or cause to be retained, any encroachment (hereinabove defined) within the limits of the project right-of-way or roadway right-of-way where no project right- of-way lines have been established.

(C) Right-of-way lines. Project right-of-way lines have been established as coincidental with the right-of- way lines. Traffic-Control Regulations 75

(D) Conflicts. This section is intended to and shall be in addition to all other ordinances, rules, and regulations concerning encroachments and shall not be construed as repealing or rescinding any other ordinance unless in direct conflict herewith. Penalty, see § 71.999

§ 71.108 UNATTENDED DRAFT ANIMALS.

It shall be unlawful to leave any horse or other draft animal unattended in any sheet without having such animal securely fastened. Penalty, see § 71.999

§ 71.109 RIDING ON RUNNING BOARDS.

It shall be unlawful for any person to ride upon the fenders, running board, bumpers, top or outside step of any vehicle. Penalty, see § 71.999

§ 71.110 PROCESSIONS.

Each driver in a funeral or other procession shall drive as near to the right-hand side of the roadway as close as practical and shall follow the vehicle ahead as close as practical and safe. Penalty, see § 71.999

§ 71.111 TRUCKS.

It shall be unlawful to operate a truck upon any street where truck operation is prohibited by law and where such signs of prohibition are posted; except that, a truck may be driven on such street for not more than the minimum distance necessary for the purpose of making deliveries or picking up loads. Penalty, see § 71.999

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PARADES

§ 71.125 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CRUISING. The repeated operation of two or more vehicles in a continuous or nearly continuous flow through a parking lot.

PARADE. Any parade, march, ceremony, show, exhibition, pageant or procession of any kind, or any similar display in or on any street, sidewalk, park or other public place in the village, or CRUISING as defined above.

PARADE PERMIT. A permit required by this subchapter.

PARKING LOT. Any paved or unpaved area used by a place of business or shopping center for the parking of vehicles of their customers, but shall not include those operated for hire.

§ 71.126 PERMIT REQUIRED.

(A) No person or persons shall engage or participate in, aid, form or start any parade unless a parade permit has been obtained from the Chief of Police or other authorized village official.

(B) This subchapter shall not apply to:

(1) Funeral processions;

(2) Students going to and from school classes or participating in educational activities, provided the conduct is under the immediate direction and supervision of the proper school authorities; and

(3) A governmental agency acting within the scope of its functions. Penalty, see § 71.999

§ 71.127 APPLICATION FOR PERMIT.

(A) Procedure. A person seeking issuance of a parade permit shall file an application with the Chief of Police or other authorized village official on forms provided by such officer.

(B) Filing period. The application for a parade permit shall be filed not less than five days, or not more than 60 days, before the date on which it is proposed to conduct the parade. Traffic-Control Regulations 77

(C) Contents. The application for a parade permit shall set forth the following information:

(1) The name, address and telephone number of the person seeking to conduct the parade;

(2) If the parade is proposed to be conducted for, on behalf of or by an organization, the name, address and telephone number of the headquarters of the organization and of the authorized and responsible heads of the organization;

(3) The name, address and telephone number of the person who will be the parade chairperson and who will be responsible for its conduct;

(4) The date when the parade is to be conducted;

(5) The route to be traveled, the starting point and the termination point;

(6) The approximate number of persons, animals and vehicles which will constitute the parade, the type of animals, if any, and the description of the vehicles;

(7) The hours when the parade will start and terminate;

(8) A statement as to whether the parade will occupy all or only a portion of the width of the streets, sidewalk, park or other public place proposed to be traversed;

(9) The location by street of any assembly area for the parade;

(10) The time at which units of the parade will begin to assemble at any such assembly area or areas;

(11) The interval of space to be maintained between units of the parade;

(12) If the parade is designed to be held by, and on behalf of or for, any person other than the applicant, the applicant for the permit shall file a communication in writing from the person authorizing the applicant to apply for the permit on his or her behalf; and

(13) Any additional information reasonably necessary to a fair determination as to whether a permit should be issued.

(D) Fee. There shall be paid at the time of filing an application for a parade permit a fee in an amount as established by the Village Board from time to time.

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§ 71.128 STANDARDS FOR ISSUANCE OF PERMIT.

The Chief of Police or other authorized village official shall issue a permit when, from a consideration of the application and from other information obtained, he or she finds that:

(A) The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route;

(B) The conduct of the parade will not require the diversion of so great a number of police officers of the village to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection to the village;

(C) The conduct of the parade will not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of the village other than that to be occupied by the proposed line of march and areas contiguous thereto;

(D) The concentration of persons, animals and vehicles at assembly points of the parade will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to the assembly areas;

(E) The conduct of the parade will not interfere with the movement of firefighting equipment en route to a fire;

(F) The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route;

(G) The parade is not to be held for the sole purpose of advertising any product, goods or event, and is not designated to be held purely for private profit; and

(H) The parade, if it takes the form of cruising, has the approval in writing of the owner or an authorized agent of the owner for the use of the parking lot which is the site of the parade. Penalty, see § 71.999

§ 71.129 NOTICE OF REJECTION OF PERMIT APPLICATION.

(A) The Chief of Police or other authorized village official shall act on the application for a parade permit within three days, Saturdays, Sundays and holidays excepted, after filing thereof.

(B) If he or she disapproves the application, he or she shall mail to the applicant within the three days, Saturdays, Sundays and holidays excepted, after the date on which the application was filed, a notice of his or her action stating the reasons for his or her denial of the permit.

Traffic-Control Regulations 79

§ 71.130 APPEAL PROCEDURE WHEN PERMIT DENIED.

Any person aggrieved shall have the right to appeal the denial of a parade permit to the Village Board. The appeal shall be taken within 30 days after notice of denial. The Village Board shall act on the appeal within 30 days after its receipt.

§ 71.131 ALTERNATIVE PERMIT.

The Chief of Police or other authorized village official, in denying an application for a parade permit, shall be empowered to authorize the conduct of the parade on a date, at a time or over a route different than that named by the applicant. An applicant desiring to accept an alternate permit shall file a written notice of his or her acceptance. An alternate parade permit shall conform to the requirements of, and shall have the effect of, a parade permit under this subchapter.

§ 71.132 NOTICE TO VILLAGE AND OTHER OFFICIALS WHEN PERMIT ISSUED.

Immediately on the issuance of a parade permit, a copy thereof shall be sent to the Mayor and the Fire Chief.

§ 71.133 CONTENTS OF PERMIT.

Each parade permit shall state the following information:

(A) Starting time;

(B) Minimum speed;

(C) Maximum speed;

(D) Maximum interval of space to be maintained between the units of the parade;

(E) The portions of the street, sidewalk, park or other public place to be traversed that may be occupied by the parade;

(F) The maximum length of the parade in miles or fractions thereof; and

(G) Such other information as is reasonably necessary to the enforcement of this subchapter. Penalty, see § 71.999

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§ 71.134 DUTIES OF PERMITTEE.

A permittee hereunder shall comply with all permit directions and conditions and with all applicable laws and ordinances. The parade chairperson or other person heading or leading the activity shall carry the parade permit on his or her person during the conduct of the parade. Penalty, see § 71.999

§ 71.135 PUBLIC CONDUCT DURING PARADES.

(A) Interference. No person shall unreasonably hamper, obstruct, impede or interfere with any parade or parade assembly or with any person, vehicle or animal participating or used in a parade.

(B) Driving through parades. No driver of a vehicle, except a police car or other emergency vehicle shall drive between the vehicles or persons comprising a parade when those vehicles or persons are in motion and are conspicuously designated as a parade.

(C) Parking on parade route. The Chief of Police or other authorized village official shall have the authority, when reasonably necessary, to prohibit or restrict the parking of vehicles along a street or other public thoroughfare or part thereof constituting a part of the route of a parade. Signs shall be posted to that effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof. No person shall be liable for parking on a street or other public thoroughfare unless signs have been posted in accordance with this section. Penalty, see § 71.999

§ 71.136 REVOCATION OF PERMIT.

The village shall have the authority to revoke a parade permit issued hereunder on application of the standards for issuance as herein set forth.

STREET DESIGNATIONS

§ 71.150 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.

Traffic-Control Regulations 81

§ 71.151 THROUGH STREETS.

The streets and parts of streets of the village designated by law as through streets are hereby declared to be through streets. Cross-references: Through streets and stop intersections, see Ch. 77, Sch. IV Through streets and yield right of way intersections, see Ch. 77, Sch. V

§ 71.152 YIELD STREETS.

(A) Any street designated by law as a yield right- of-way street and so posted is hereby declared to be a yield right-of-way street.

(B) The driver of a vehicle in obedience to a yield right-of-way sign shall reduce the speed of his or her vehicle to not more than 20 mph and shall yield the right-of-way to other vehicles which have entered the intersecting street either from the right or left or which are approaching so closely on such intersection as to constitute a hazard; but the driver having so yielded may proceed at such time as a safe interval occurs.

(C) If a driver is involved in a collision at an intersection or interferes with the movement of other vehicles after driving past a yield right-of-way sign, such collision shall be deemed prima facie evidence of the driver's failure to yield right-of-way. Penalty, see § 71.999 Cross-reference: Through streets and yield right of way intersections, see Ch. 77, Sch. V

§ 71.153 CLOSED STREETS.

No person shall drive any vehicle onto or across any road or intersection designated as a closed road, except for such exceptions as may be provided therein. The Police Department, Village Engineer, Traffic Engineer, Code Enforcement Department or other authorized personnel shall be authorized to place signage, barricades or other traffic-control devices to effect this provision. Penalty, see § 71.999

§ 71.999 PENALTY.

(A) Whoever violates any provision of this chapter for which no specific penalty is otherwise provided shall be fined as set forth in § 70.999 of this code. 82 Swansea - Traffic Code

(B) A first violation of § 71.001 of this chapter is a petty offense with a minimum fine of $150. A second or subsequent violation of § 71.001 of this chapter is a petty offense with a minimum fine of $300.

(C) (1) A first violation of § 71.002(A) of this chapter is a petty offense with a minimum fine of $150. A second or subsequent violation of this section is a petty offense with a minimum fine of $300.

(2) (a) When a fine for a violation of § 71.002(A) of this chapter is $150 or greater, the person who violates § 71.002(A)(1) and (A)(2) of this chapter shall be charged an additional $50 to be paid to the unit school district where the violation occurred for school safety purposes. If the violation occurred in a dual school district, $25 of the surcharge shall be paid to the elementary school district for school safety purposes and $25 of the surcharge shall be paid to the high school district for school safety purposes. Notwithstanding any other provision of law, the entire $50 surcharge shall be paid to the appropriate school district or districts.

(b) For purposes of this division (C)(2) of this chapter, SCHOOL SAFETY PURPOSES include the costs associated with school zone safety education, the Safe Routes to School Program under § 2705-317 of the Department of Transportation Law of the Civil Administrative Code of the state, safety programs within the School Safety and Educational Improvement Block Grant Program under 105 ILCS 5/2-3.51.5 of the School Code, and the purchase, installation, and maintenance of caution lights which are mounted on school speed zone signs.

(D) (1) A first violation of § 71.002(B) of this chapter is a petty offense with a minimum fine of $250. A second or subsequent violation of division (B) of this section is a petty offense with a minimum fine of $750.

(2) If a fine or violation of § 71.002(B) of this chapter is $250 or greater, the person who violated § 71.002(B) of this chapter shall be charged an additional $125, which shall be deposited into the Transportation Safety Highway Hire-Back Fund in the state treasury, unless the violation occurred on a highway other than an interstate highway and a county police officer wrote the ticket for the violation, in which case the $125 shall be deposited into that county's Transportation Safety Highway Hire-Back Fund. In the case of a second or subsequent violation of § 71.002(B) of this chapter, if the fine is $750 or greater, the person who violated § 71.002(B) of this chapter shall be charged an additional $250, which shall be deposited into the Transportation Safety Highway Hire- Back Fund in the state treasury, unless the violation occurred on a highway other than an interstate highway and a county police officer wrote the ticket for the violation, in which case the $125 shall be deposited into that county's Transportation Safety Highway Hire-Back Fund.

(3) The Transportation Safety Highway Hire-Back Fund, which was created by Pub. Act No. 92-619, shall continue to be a special fund in the State Treasury. Subject to appropriation by the General Assembly and approval by the Secretary, the Secretary of Transportation shall use all moneys in the Transportation Safety Highway Hire-back Fund to hire off-duty Department of State Police Officers to monitor construction or maintenance zones. Traffic-Control Regulations 83

(4) For a second or subsequent violation of § 71.002(B) of this chapter within two years of the date of the previous violation, the Secretary of State shall suspend the driver's license of the violator for a period of 90 days.

(E) Every person convicted of § 71.037(E) of this chapter shall be guilty of a violation of this chapter.

(F) In addition to the suspensions authorized by 625 ILCS 5/11-1414, any person convicted of violating § 71.040 of this chapter or a similar provision of a local ordinance shall be subject to a mandatory fine of $150 or, upon a second or subsequent violation, $500.

(G) (1) A violation of § 71.080 of this chapter is a petty offense for which a fine of $250 shall be imposed for a first violation, and a fine of $500 shall be imposed for a second or subsequent violation. The court may impose 25 hours of community service in place of the $250 fine for the first violation.

(2) For a second or subsequent violation, the Secretary of State may suspend the driving privileges of the offender for a minimum of six months.

(H) Any person found in violation of § 71.083(B) of this chapter shall be subject to a mandatory fine of $500 or 50 hours of community service.

(I) Whoever violates any provision of this chapter for which another penalty is not otherwise provided by this title or by appropriate statutory penalty as generally set forth in 625 ILCS 5/16-101 et seq., shall, upon conviction, be subject to a fine as provided in § 70.999 of this code. Statutory reference: Related provisions, see 625 ILCS 5/11-601, 625 ILCS 5/11-605(e), 625 ILCS 5/11-605(e-5), 625 ILCS 5/11-605.1, 625 ILCS 5/11-703, 625ILCS 5/11-1201, 625 ILCS 5/11-1414 and 625 ILCS 5/11-1425 Violation of § 71.037E) resulting in great bodily harm or permanent disability or disfigurement to another; a Class 3 felony, see 625 ILCS 5/11-703

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CHAPTER 72: PARKING REGULATIONS

Section

Method of Parking

72.01 General parking regulations 72.02 Unattended motor vehicles

Restrictions on Stopping, Standing and Parking

72.15 Stopping, standing or parking prohibited in specified places 72.16 Stopping, standing or parking outside business or residence district 72.17 Parking for persons with disabilities 72.18 Unauthorized use of parking spaces reserved for persons with disabilities 72.19 Fire lanes 72.20 On-street parking 72.21 Limited parking 72.22 Vehicles for sale 72.23 Alleys 72.24 Cab and bus stands 72.25 Parking on private property 72.26 Signs

Snow Emergencies

72.40 Announcement of snow emergency 72.41 Termination of emergency 72.42 Snow emergency routes

Violations

72.55 Parking violations 72.56 Prima facie proof 72.57 Officers authorized to remove vehicles 72.58 Duty of lessor of vehicle on notice of violation of this chapter

72.99 Penalty

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METHOD OF PARKING

§ 72.01 GENERAL PARKING REGULATIONS.

(A) Except as otherwise provided in this section, every vehicle stopped or parked upon a two- way roadway shall be so stopped or parked with the right- hand wheels parallel to and within 12 inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder.

(B) Every vehicle stopped or parked upon a one- way roadway shall be so stopped or parked parallel to the curb or edge of the roadway, in the direction of authorized traffic movement, with its right-hand wheels within 12 inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder, or with its left-hand wheels within 12 inches of the left-hand curb or as close as practicable to the left edge of the left-hand shoulder.

(C) No angle parking shall be permitted, except as set forth by ordinance.

(D) No person shall park in violation of signs placed by and under the jurisdiction of the State Department of Transportation which prohibit, limit or restrict the stopping, standing or parking of vehicles on any highway. (625 ILCS 5/11-1304) Penalty, see § 72.99

§ 72.02 UNATTENDED MOTOR VEHICLES.

Except for a law enforcement officer or an operator of an authorized emergency vehicle performing his or her official duties, no person driving or in charge of a motor vehicle shall permit it to stand unattended without stopping the engine, locking the ignition, removing the key from the ignition, effectively setting the brake thereon and, when standing upon any perceptible grade, turning the front wheels to the curb or side of the highway. An unattended motor vehicle shall not include an unattended locked motor vehicle with the engine running after being started by a remote starter system. (625 ILCS 5/11-1401) Penalty, see § 72.99

RESTRICTIONS ON STOPPING, STANDING AND PARKING

§ 72.15 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 an official traffic-control device, no person shall:

(1) Stop, stand or park a vehicle:

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(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 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; and

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

(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 15 feet of a fire hydrant;

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

(d) Within 30 feet of any intersection or as otherwise approved by the Village Board;

(e) Within 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 75 feet of the entrance (when properly sign- posted); and

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

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

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(a) Within 50 feet of the nearest rail of a railroad crossing; and

(b) At any place where official signs prohibit parking.

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

(C) It is 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, in any place designated by the Village Board 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 the time;

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

(3) Directly in front of the entrance to any theater at any time that the theater is open. Penalty, see § 72.99 Statutory reference: Related provisions, see 625 ILCS 5/11-1303

§ 72.16 STOPPING, STANDING OR PARKING OUTSIDE BUSINESS OR RESIDENCE DISTRICT.

(A) Outside a business or residence district, no person shall stop, park or leave standing any vehicle, whether attended or unattended, upon the roadway when it is practicable to stop, park or so leave the vehicle off the roadway, but in every event an unobstructed width of the highway opposite a standing vehicle shall be left for the free passage of other vehicles, and a clear view of the stopped vehicle shall be available from a distance of 200 feet in each direction upon the highway.

(B) The village, with respect to highways under its jurisdiction or for the maintenance of which it is responsible, may place signs prohibiting or restricting the stopping, standing or parking of vehicles on any highway where, in its opinion, stopping, standing or parking is dangerous to those using the highway, or where stopping, standing or parking vehicles would unduly interfere with the free movement of traffic thereon. Any regulations adopted by the village regarding the stopping, standing or parking of vehicles upon any specific street, streets or highways become effective at the time of the erection of appropriate signs indicating the regulations.

(C) This section, and § 72.15 and 625 ILCS 5/11-1304, shall not apply to the driver of any vehicle which is disabled in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving the vehicle in that position.

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(D) Any Second Division vehicle used exclusively for the collection of garbage, refuse or recyclable material may stop or stand on the road in a business, rural or residential district for the sole purpose of collecting garbage, refuse or recyclable material. The vehicle, in addition to having its hazard lights lighted at all time that it is engaged in stopping or standing, shall also use its amber oscillating, rotating or flashing light or lights as authorized under 625 ILCS 5/12-215(b)(12), if so equipped. (625 ILCS 5/11-1301) Penalty, see § 72.99

§ 72.17 PARKING FOR PERSONS WITH DISABILITIES.

(A) Special permits for physically handicapped parking. For purposes of this section, an Illinois person with a Disability Identification Card issued pursuant to the Illinois Identification Card Act indicating that the person thereon named has a disability shall be adequate documentation of such a disability.

(B) Privileges of permit holder. The privileges granted by the possession of a person's own Disability Identification Card are as follows: The bearer of the permit may display the permit through the front windshield in the near center of any vehicle licensed as an automobile or truck with Class ‘A’ or ‘B’ license. The permit authorizes the vehicle so identified to park in an authorized on- street parking space for as long as a no-parking prohibition does not exist. The permit does not waive the requirement that money be placed in parking meters, keeping the meters from being expired during the parking duration. This permit authorizes the vehicle displaying the permit to park in any parking space specifically reserved for handicapped parking.

§ 72.18 UNAUTHORIZED USE OF PARKING SPACES RESERVED FOR PERSONS WITH DISABILITIES.

(A) (1) It shall be prohibited to park any motor vehicle which is not properly displaying registration plates or decals issued to a person with disabilities, as defined by § 72.01, pursuant to 625 ILCS 5/3-616, 5/11-1301.1 or 5/11-1301.2, or to a veteran with a disability pursuant to 625 ILCS 5/3-609, as evidence that the vehicle is operated by or for a person with disabilities or a veteran with a disability, in any parking place, including any private or public off- street parking facility, specifically reserved, by the posting of an official sign as designated under 625 ILCS 5/11- 301, for motor vehicles displaying such registration plates. It shall be prohibited to park any motor vehicle in a designated access aisle adjacent to any parking place specifically reserved for persons with disabilities, by the posting of an official sign as designated under 625 ILCS 5/11-301, for motor vehicles displaying such registration plates. When using the parking privileges for persons with disabilities, the parking decal or device must be displayed properly in the vehicle where it is clearly visible to law enforcement personnel, either hanging from the rearview mirror or placed on the dashboard of the vehicle in clear view. Disability license plates and parking decals and devices are not transferable from person to person. Proper usage of the disability license plate or parking decal or device requires the authorized holder to be present and enter or exit the vehicle at the time the parking privileges are being used. It is a violation of this section 90 Swansea - Traffic Code

to park in a space reserved for a person with disabilities if the authorized holder of the disability license plate or parking decal or device does not enter or exit the vehicle at the time the parking privileges are being used. Any motor vehicle properly displaying a disability license plate or a parking decal or device containing the international symbol of access issued to persons with disabilities by any local authority, state, district, territory or foreign country shall be recognized by state and village authorities as a valid license plate or device and receive the same parking privileges as residents of the state.

(2) An individual with a vehicle displaying disability license plates or a parking decal or device issued to a qualified person with a disability under 625 ILCS 5/3-616, 5/11-1301.1 or 5/11- 1301.2, or to a veteran with a disability under 625 ILCS 5/3-609, is in violation of this section if:

(a) The person using the disability license plate or parking decal or device is not the authorized holder of the disability license plate or parking decal or device or is not transporting the authorized holder of the disability license plate or parking decal or device to or from the parking location; and

(b) The person uses the disability license plate or parking decal or device to exercise any privileges granted through the disability license plate or parking decals or devices under this code.

(3) A driver of a vehicle displaying disability license plates or a parking decal or device issued to a qualified person with a disability under 625 ILCS 5/3-616, 5/11-1301.1, or 5/11- 1301.2 or to a veteran with a disability under 625 ILCS 5/3-609 is in violation of this section if:

(a) The person to whom the disability license plate or parking decal or device was issued is deceased; and

(b) The driver uses the disability license plate or parking decal or device to exercise any privileges granted through a disability license plate or parking decal or device under this code.

(B) Any person or local authority owning or operating any public or private off-street parking facility may, after notifying the Police Department, remove or cause to be removed to the nearest garage or other place of safety any vehicle parked within a stall or space reserved for use by a person with disabilities which does not display person with disabilities registration plates or a special decal or device as required under this section.

(C) (1) Any person found guilty of violating the provisions of division (A)(1) above shall be fined as set forth in § 72.99 of this chapter in addition to any costs or charges connected with the removal or storage of any motor vehicle authorized under this section. The village shall display signs indicating the fine imposed, and if the amount of the fine is subsequently changed, the village shall change the sign to indicate the current amount of the fine. It shall not be a defense to a charge under this section that either the sign posted pursuant to this section or the intended accessible parking place does not comply with the technical requirements of 625 ILCS 5/11-301, Department regulations, or local ordinance if a reasonable person would be made aware by the sign or notice on or near the parking place that the place is reserved for a person with disabilities. Parking Regulations 91

(2) The Circuit Clerk shall distribute 50% of the fine imposed on any person who is found guilty of or pleads guilty to violating this section, including any person placed on court supervision for violating this section, to the law enforcement agency that issued the citation or made the arrest. If more than one law enforcement agency is responsible for issuing the citation or making the arrest, the 50% shall be shared equally.

(D) As used in this section, AUTHORIZED HOLDER means an individual issued a disability license plate under 625 ILCS 5/3-616, an individual issued a parking decal or device under 625 ILCS 5/11-1301.2, or an individual issued a license plate for veterans with disabilities under 625 ILCS 5/3- 609.

(E) Any police officer may seize the parking decal or device from any person who commits a violation of this section. Any police officer may seize the disability license plate upon authorization from the Secretary of State. Any police officer may request that the Secretary of State revoke the parking decal or device or the disability license plate of any person who commits a violation of this section. (625 ILCS 5/11-1301.3) Penalty, see § 72.99

§ 72.19 FIRE LANES.

It shall be unlawful to permit any vehicle to stand at any time in any area designated as a fire lane by official signs, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control device. Penalty, see § 72.99

§ 72.20 ON-STREET PARKING.

(A) Street cleaning. 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. Signs indicating such cleaning shall be posted before the work is done.

(B) Snow removal. Refer to §§ 72.40 through 72.42 of this chapter.

(C) Parking of certain vehicles restricted. It shall be unlawful to park any commercial vehicle, truck, except those commonly referred to as “pick-up” trucks, any motor vehicle having a gross vehicle weight of more than 10,000 pounds or GVWR of more than 12,000 pounds and/or an overall length of more than 21 feet, trailer, semitrailer, travel trailers, or boats attached or unattached to vehicles on any street, except during loading and unloading, and that any commercial vehicle parked or stopped for the purpose of pick-up or delivery of residents and/or personal property for a period not to exceed eight hours shall be exempt. Fire Department vehicles, ambulances, and vehicles owned or used by the village are exempt. Penalty, see § 72.99

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§ 72.21 LIMITED 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. Penalty, see § 72.99

§ 72.22 VEHICLES FOR SALE.

It is unlawful to park any vehicle upon any street for the purpose of displaying it for sale, or to park any vehicle upon any street from which vehicle merchandise is peddled or sold. Penalty, see § 72.99

§ 72.23 ALLEYS.

No person shall park a vehicle within an alley, except for the purpose of loading and unloading merchandise and then 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. Penalty, see § 72.99

§ 72.24 CAB AND BUS STANDS.

No vehicle other than a licensed taxicab shall be parked in any area designated by law as a cab stand; and no vehicle other than a bus shall be parked in a place so designated as a bus loading zone. Penalty, see § 72.99

§ 72.25 PARKING ON PRIVATE PROPERTY.

It shall be unlawful to park any motor vehicle on any private property without the consent of the owner of the property. Penalty, see § 72.99

§ 72.26 SIGNS.

Appropriate signs shall be posted in all areas where parking is limited or prohibited, indicating such limitations or prohibitions.

Parking Regulations 93

SNOW EMERGENCIES

§ 72.40 ANNOUNCEMENT OF SNOW EMERGENCY.

(A) Prohibited. Within the village, whenever there is an accumulation of three inches or more of snow, no person, firm, or corporation shall park or allow any motor vehicle to remain parked, on any designated snow route as listed in Chapter77, Schedule XIII of this code for a period of 24 hours following said accumulation, or until said route has been sufficiently cleared of snow.

(B) Snow emergency. In lieu of the requirement of three inches or more of snow, this provision may be called into effect by the Mayor of the Village with the service of the Village Engineer, Chief of Police, Code Enforcement Department, Street Supervisor, or other authorized department personnel. The Mayor shall announce a snow emergency to the local news media and that this provision is in effect, and he or she shall also notify the Police Department. This announcement shall be made between the hours of 6:00 a.m. and 11:00 p.m., and all persons shall be given two hours within which to comply with this provision. If a fall of snow, sleet or freezing rain occurs after 11:00 p.m. and prior to 6:00 a.m., however, and the mayor has not announced prior to 11:00 p.m. that the parking on snow emergency routes is to be prohibited after a specified time, a vehicle parked on a snow emergency route may remain so parked until 7:00 a.m. following such fall. The Mayor shall announce when the snow emergency shall cease, and notify the local news media and Police Department.

(C) Impoundment of vehicles. An unattended vehicle standing, stopped, or parked or occupying any portion of any street in violation of this section is hereby declared to be a nuisance, which may be abated by any police officer by impounding such vehicle, by removing and conveying such vehicle, or by causing such vehicle hereby moved and conveyed to a vehicle pound. A vehicle pound is hereby declared to be any suitable place designated by the Police Department of the village as a vehicle pound. The owner or operator of such vehicle may have the same removed from the impoundment by paying the costs and expenses of the towing and impounding of such vehicle, together with all fines and penalties.

(D) Right to impound; additional remedies. In all cases of violations herein referred to, the right to impound shall be in addition to any other remedy provided by law, and the registered owner of the vehicle, at the time of the violation, shall be presumed to be the violator, as well as the vehicle itself and the actual operator thereof. Whenever any vehicle, while being used without the consent of the owner shall be stopped, standing or parking in violation of any of the provisions of this section, such owner shall not be subject to the penalty for such violations. Penalty, see § 72.99

§ 72.41 TERMINATION OF EMERGENCY.

Whenever the Mayor shall find that some or all of the conditions which gave rise to the snow emergency prohibition no longer exist, he or she is authorized to declare the termination of the 94 Swansea - Traffic Code

emergency, in part or in whole, effective immediately on announcement. If the announcement is made other than between 6:00 a.m. and 11:00 p.m., it shall be repeated between those hours.

§ 72.42 SNOW EMERGENCY ROUTES.

(A) (1) The term SNOW EMERGENCY ROUTE shall mean any route as designated and listed in Chapter 77, Schedule XIII of the village's code of ordinances.

(2) On such street or highway designated as a snow emergency route, special signs shall be posted to this effect.

(B) (1) It shall be unlawful to park any vehicle on any public street or portion thereof designated as a “Snow Emergency Route” in the village at any time when snow is being removed from such street.

(2) This provision will take effect when the snow has reached a depth of two inches and it is determined by the Mayor that a “Snow Emergency” is necessary. Signs indicating “Snow Emergency Route”, as per Chapter 77, Schedule XIII of the Village's code of ordinances, shall be posted before this provision takes effect. Penalty, see § 72.99

VIOLATIONS

§ 72.55 PARKING VIOLATIONS.

(A) 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 the sum of $10 within five days of the time such alleged offense was committed. The penalty shall increase to $15 after five days. Such payment may be made at the Police Department, and such money shall be promptly turned over to the Village Treasurer. The members of the Police Department are hereby authorized to refrain from instituting a prosecution for the alleged offense involved.

(B) The form shall be as follows:

PARKING VIOLATION

NO.

DATE:

TIME: A.M. P.M.

Parking Regulations 95

LOCATION:

LICENSE NO.:

VEHICLE:

YOU ARE CHARGED WITH THE VIOLATION BELOW:

( ) Fire Lane $10.00 ( ) No Parking Zone $10.00 ( ) Improper Parking $10.00 ( ) Blocking Driveway $10.00 ( ) Other

IF PAID WITHIN FIVE DAYS

PENALTY------After 5 days the fine increases to FIFTEEN DOLLARS ($15.00)

You may deposit fine in an envelope and mail it to Swansea Police Department

Village of Swansea 1400 North Illinois Swansea, IL 62220

FAILURE TO PAY FINE WITHIN 10 DAYS WILL RESULT IN A WARRANT FOR YOUR ARREST

(C) Provided that this section shall not apply to persons parking a vehicle so as to obstruct the entrance or exit of any place where Police or 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 move a vehicle illegally parked at the request of any member of the Police Department.

§ 72.56 PRIMA FACIE PROOF.

The fact that an automobile, 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 automobile at the time of such violation.

§ 72.57 OFFICERS AUTHORIZED TO REMOVE VEHICLES.

(A) Whenever any police officer finds a vehicle in violation of any of the provisions of § 72.16 of this chapter or any other applicable section of this traffic code or ordinance of the village, the officer is authorized to move the vehicle, or require the driver or other person in charge of the vehicle to move the same, to a position off the roadway. 96 Swansea - Traffic Code

(B) Any police officer is authorized to remove or cause to be removed to a place of safety any unattended vehicle illegally left standing upon any highway, bridge, causeway or in a tunnel, or in a position or under circumstances as to obstruct the normal movement of traffic.

(C) Any police officer is authorized to remove or cause to be removed to the nearest garage or other place of safety any vehicle found upon a highway when:

(1) Report has been made that the vehicle has been stolen or taken without the consent of its owner;

(2) The person or persons in charge of the vehicle are unable to provide for its custody or removal;

(3) The person driving or in control of the vehicle is arrested for an alleged offense for which the officer is required by law to take the person arrested before a proper magistrate without unnecessary delay; or

(4) The registration of the vehicle has been suspended, cancelled, or revoked. (625 ILCS 5/11-1302)

(D) 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:

(1) 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;

(2) Any vehicle which has been parked in any public street for a period of 24 consecutive hours; or

(3) Any vehicle parked on a designated snow route after a snow emergency has been declared by the Chief of Police.

(E) Vehicles impounded shall be stored on any village property or in an authorized public garage or parking lot and shall be restored to the owner or operator thereof after payment of the expense incurred by the Village of Swansea in impounding, removing, and/or storing such vehicles.

§ 72.58 DUTY OF LESSOR OF VEHICLE ON NOTICE OF VIOLATION OF THIS CHAPTER.

Every person in whose name a vehicle is registered pursuant to law and who leases the vehicle to others, after receiving written notice of a violation of this chapter involving the vehicle, shall upon request provide such police officers as have authority of the offense, and the court having jurisdiction Parking Regulations 97

thereof, with a written statement of the name and address of the lessee at the time of the offense and the identifying number upon the registration plates or digital registration plates and registration sticker or stickers or digital registration sticker or stickers of the vehicle. (625 ILCS 5/11-1305)

§ 72.99 PENALTY.

(A) Whoever violates any provision of this chapter for which no specific penalty is otherwise provided shall be fined as set forth in § 70.999 of this title.

(B) A violation of any part of § 72.15(A)(1)(h) of this chapter shall result in a mandatory fine of $500 or 50 hours of community service. (625 ILCS 5/11-1303)

(C) (1) Whoever violates § 72.18(A)(1) of this chapter shall be fined up to $350, in addition to any costs or charges connected with the removal or storage of the motor vehicle. Signs shall be displayed indicating the fine imposed. (625 ILCS 5/11-1301.3(c))

(2) (a) 1. Any person found guilty of violating the provisions of § 72.18(A)(2) of this chapter shall be fined $600 for a first offense.

2. Any person found guilty of violating § 72.18(A)(2) of this chapter a second or subsequent time shall be fined $1,000.

(b) Any person who violates § 72.18(A)(3) is guilty of a violation of this chapter and shall be fined $2,500. (625 ILCS 5/11-1301.3(c-1))

2020 S-2 98 Swansea - Traffic Code

CHAPTER 73: BICYCLES, TOY VEHICLES, AND MOTORCYCLES

Section

Bicycles

73.01 Traffic laws apply to persons riding bicycles 73.02 Riding on bicycles 73.03 Clinging to vehicles 73.04 Riding on roadways and bicycle paths 73.05 Carrying articles 73.06 Lamps and other equipment on bicycles

Motorcycles and Mopeds

73.20 Riding on motorcycles 73.21 Special equipment for persons riding motorcycles 73.22 Required equipment on motorcycles 73.23 Operating motorcycle on one wheel 73.24 Lamps on mopeds 73.25 Riding on mopeds 73.26 Clinging to vehicles

BICYCLES

§ 73.01 TRAFFIC LAWS APPLY TO PERSONS RIDING BICYCLES.

Every person riding a bicycle upon a highway shall be granted all of the rights, including, but not limited to, rights under 625 ILCS 5/11-901 et seq., and shall be subject to all of the duties applicable to the driver of a vehicle by this traffic code, except as to special regulations in this traffic code, and except as to those provisions of this traffic code which, by their nature, can have no application. (625 ILCS 5/11-1502) Penalty, see § 70.999

99 2020 S-2 100 Swansea - Traffic Code

§ 73.02 RIDING ON BICYCLES.

(A) A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto.

(B) No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped; except that, an adult rider may carry a child securely attached to his or her person in a backpack or sling. (625 ILCS 5/11-1503) Penalty, see § 70.999

§ 73.03 CLINGING TO VEHICLES.

No person riding upon any bicycle, coaster, roller skates, sled or toy vehicle shall attach the same or himself or herself to any vehicle upon a roadway. (625 ILCS 5/11-1504) Penalty, see § 70.999

§ 73.04 RIDING ON ROADWAYS AND BICYCLE PATHS.

(A) Any person operating a bicycle or motorized pedalcycle upon a roadway at less than the normal speed of traffic at the time and place and under the conditions then existing shall ride as close as practicable and safe to the right-hand curb or edge of the roadway, except under the following situations:

(1) When overtaking and passing another bicycle, motorized pedalcycle or vehicle proceeding in the same direction;

(2) When preparing for a left turn at an intersection or into a private road or driveway;

(3) When reasonably necessary to avoid conditions including, but not limited to, fixed or moving objects, parked or moving vehicles, bicycles, motorized pedalcycles, pedestrians, animals, surface hazards or substandard width lanes that make it unsafe to continue along the right-hand curb or edge. For purposes of this division (A)(3), a SUBSTANDARD WIDTH LANE means a lane that is too narrow for a bicycle or motorized pedalcycle and a vehicle to travel safely side by side within the lane; or

(4) When approaching a place where a right turn is authorized.

(B) Any person operating a bicycle or motorized pedalcycle upon a one-way highway with two or more marked traffic lanes may ride as near the left-hand curb or edge of the roadway as practicable. (625 ILCS 5/11-1505)

(C) (1) Persons riding bicycles or motorized pedalcycles upon a roadway shall not ride more than two abreast, except on paths or parts of roadways set aside for their exclusive use. Bicycles, Toy Vehicles and Motorcycles 101

(2) Persons riding two abreast shall not impede the normal and reasonable movement of traffic and, on a laned roadway, shall ride within a single lane subject to the provisions of divisions (A) and (B) above. (625 ILCS 5/11-1505.1) Penalty, see § 70.999

§ 73.05 CARRYING ARTICLES.

No person operating a bicycle shall carry any package, bundle or article which prevents the use of both hands in the control and operation of the bicycle. A person operating a bicycle shall keep at least one hand on the handlebars at all times. (625 ILCS 5/11-1506) Penalty, see § 70.999

§ 73.06 LAMPS AND OTHER EQUIPMENT ON BICYCLES.

(A) Every bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least 500 feet to the front, and with a red reflector on the rear of a type approved by the State Department of Transportation which shall be visible from all distances from 100 feet to 600 feet to the rear when directly in front of lawful lower beams of headlamps on a motor vehicle, except that a lamp emitting a steady or flashing red light visible from a distance of 500 feet to the rear may be used in addition to or instead of the red reflector.

(B) A bicycle shall not be equipped with, nor shall any person use upon a bicycle, any siren. This division (B) does not apply to a bicycle that is a police vehicle or Fire Department vehicle.

(C) Every bicycle shall be equipped with a brake which will adequately control movement of and stop and hold the bicycle.

(D) No person shall sell a new bicycle or pedal for use on a bicycle that is not equipped with a reflex reflector conforming to specifications prescribed by the State Department of Transportation, on each pedal, visible from the front and rear of the bicycle during darkness from a distance of 200 feet.

(E) No person shall sell or offer for sale a new bicycle that is not equipped with side reflectors. The reflectors shall be visible from each side of the bicycle from a distance of 500 feet, and shall be essentially colorless or red to the rear of the center of the bicycle and essentially colorless or amber to the front of the center of the bicycle. The requirements of this division may be met by reflective materials which shall be at least three-sixteenths inch wide on each side of each tire or rim to indicate as clearly as possible the continuous circular shape and size of the tires or rims of the bicycle, and which reflective materials may be of the same color on both the front and rear tire or rim. The reflectors shall conform to specifications prescribed by the State Department of Transportation.

2020 S-2 102 Swansea - Traffic Code

(F) No person shall sell or offer for sale a new bicycle that is not equipped with an essentially colorless front-facing reflector. (625ILCS 5/11-1507) Penalty, see § 70.999

MOTORCYCLES AND MOPEDS

§ 73.20 RIDING ON MOTORCYCLES.

(A) A person operating a motorcycle shall ride only upon the permanent and regular seat attached thereto, and the operator shall not carry any other person nor shall any other person ride on a motorcycle unless the motorcycle is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two persons, or upon another seat firmly attached to the motorcycle at the rear or side of the operator.

(B) A person shall ride upon a motorcycle only while sitting astride the seat, facing forward, with one leg on each side of the motorcycle.

(C) No person shall operate any motorcycle with handlebars higher than the height of the shoulders of the operator when the operator is seated in the normal driving position astride that portion of the seat or saddle occupied by the operator.

(D) The operator of any motorcycle shall keep at least one hand on a handlebar grip at all times the motorcycle is in motion. (625 ILCS 5/11-1403) Penalty, see § 70.999

§ 73.21 SPECIAL EQUIPMENT FOR PERSONS RIDING MOTORCYCLES.

The operator and every passenger of a motorcycle shall be protected by glasses, goggles or a transparent shield. This equipment shall meet the requirements based upon those set forth in Vehicle Equipment Safety Commission Regulation VESC-8, Minimum Requirements for Motorcyclists' Eye Protection. (625 ILCS 5/11-1404) Penalty, see § 70.999

§ 73.22 REQUIRED EQUIPMENT ON MOTORCYCLES.

Any motorcycle carrying a passenger, other than in a sidecar or enclosed cab, shall be equipped with footrests for the passenger. (625 ILCS 5/11-1405) Penalty, see § 70.999

Bicycles, Toy Vehicles and Motorcycles 103

§ 73.23 OPERATING MOTORCYCLE ON ONE WHEEL.

Any person who operates a motorcycle, motor driven cycle or moped on one wheel is guilty of reckless driving, as defined in § 76.01 of this code. Penalty, see § 70.999 Statutory reference: Operating on one wheel prohibited see 625 ILCS 5/11-1403.2

§ 73.24 LAMPS ON MOPEDS.

Every moped, when in use at nighttime, shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least 500 feet to the front, and with a red reflector on the rear of a type approved by the State Department of Transportation which shall be visible from all distances from 100 feet to 600 feet to the rear when in front of lawful, low-powered beams of headlamps on a motor vehicle. A lamp emitting a red light visible from a distance of 500 feet to the rear may be used in addition to the red reflector. (625 ILCS 5/11-1507.1) Penalty, see § 70.999

§ 73.25 RIDING ON MOPEDS.

(A) The operator of a moped shall ride only astride the permanent and regular seat attached thereto, and shall not permit two persons to ride thereon at the same time, unless the moped is designed to carry two persons. Any moped designed for two persons must be equipped with a passenger seat and footrests for use of a passenger.

(B) Neither the operator nor any passenger on a moped shall be required to wear any special goggles, shield, helmet or glasses.

(C) The provisions of §§ 73.01 through 73.06 and 73.24 of this chapter shall be applicable to the operation of mopeds, except for those provisions which by their nature can have no application to moped. (625 ILCS 5/11-1403.1) Penalty, see § 70.999 Cross-reference: Operating on one wheel, see § 72.23

§ 73.26 CLINGING TO VEHICLES.

It shall be unlawful for any person on any street riding a motorcycle to cling to or attach himself or herself or his or her vehicle to any moving motor vehicle or wagon. Penalty, see § 70.999 104 Swansea - Traffic Code

CHAPTER 74: PEDESTRIANS

Section

74.01 Pedestrian obedience to traffic-control devices and traffic regulations 74.02 Pedestrian right-of-way at crosswalks; school zones 74.03 Crossing at other than crosswalks 74.04 Drivers to avoid colliding with pedestrians 74.05 Blind, hearing-impaired or physically handicapped pedestrian right-of-way 74.06 Pedestrians to use right half of crosswalks 74.07 Pedestrians soliciting rides or business 74.08 Pedestrians walking on highways 74.09 Right-of-way on sidewalks 74.10 Pedestrians yield to authorized emergency vehicles 74.11 Pedestrians under influence of alcohol or drugs 74.12 Bridge and railroad signals 74.13 Motorized wheelchairs 74.14 Electric personal assistive mobility devices 74.15 Standing or loitering

74.99 Penalty

§ 74.01 PEDESTRIAN OBEDIENCE TO TRAFFIC-CONTROL DEVICES AND TRAFFIC REGULATIONS.

(A) A pedestrian shall obey the instructions of any official traffic-control device specifically applicable to him or her, unless otherwise directed by a police officer.

(B) Pedestrians shall be subject to traffic and pedestrian-control signals provided in §§ 70.031 and 70.032 of this traffic code; but at all other places, pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in this chapter. (625 ILCS 5/11-1001) Penalty, see § 74.99

105 106 Swansea - Traffic Code

§ 74.02 PEDESTRIAN RIGHT-OF-WAY AT CROSSWALKS; SCHOOL ZONES.

(A) (1) When traffic-control signals are not in place, or not in operation, the driver of a vehicle shall stop and yield the right-of-way to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

(2) No pedestrian shall suddenly leave a curb or other place of safety, and walk or run into the path of a moving vehicle which is so close as to constitute an immediate hazard.

(3) Division (A)(1) of this section shall not apply under the condition stated in § 74.03(B) of this chapter.

(4) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass the stopped vehicle.

(5) Whenever stop signs or flashing red signals are in place at an intersection or at a plainly marked crosswalk between intersections, drivers shall yield right-of-way to pedestrians as set forth in § 71.062 of this code. (625 ILCS 5/11-1002)

(B) For the purpose of this division (B), SCHOOL has the meaning ascribed to that term in 625ILCS 5/11-605.

(1) On a school day when school children are present and so close thereto that a potential hazard exists because of the close proximity of the motorized traffic and when traffic-control signals are not in place or not in operation, the driver of a vehicle shall stop and yield the right-of-way to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

(2) For the purpose of this division (B), a school day shall begin at 7:00 a.m. and shall conclude at 4:00 p.m.

(3) This division (B) shall not be applicable unless appropriate signs are posted in accordance with 625 ILCS 5/11-605. Penalty, see § 74.99

Pedestrians 107

§ 74.03 CROSSING AT OTHER THAN CROSSWALKS.

(A) Every pedestrian crossing a roadway at any point other than within a marked crosswalk, or within an unmarked crosswalk at an intersection, shall yield the right-of-way to all vehicles upon the roadway.

(B) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.

(C) Between adjacent intersections at which traffic-control signals are in operation, pedestrians shall not cross at any place, except in a marked crosswalk.

(D) No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic-control devices; and, when authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic-control devices pertaining to the crossing movements.

(E) Pedestrians with disabilities may cross a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk where the intersection is physically inaccessible to them, but they shall yield the right-of-way to all vehicles upon the roadway. (625 ILCS 5/11-1003) Penalty, see §74.99

§ 74.04 DRIVERS TO AVOID COLLIDING WITH PEDESTRIANS.

Notwithstanding other provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian, or any person operating a bicycle or other device propelled by human power and shall give warning by sounding the horn when necessary, and shall exercise proper precaution upon observing any child or any obviously confused, incapacitated or intoxicated person. (625 ILCS 5/11-1003.1) Penalty, see §74.99

§ 74.05 BLIND, HEARING-IMPAIRED OR PHYSICALLY HANDICAPPED PEDESTRIAN RIGHT-OF-WAY.

The driver of a vehicle shall yield the right-of-way to any blind, heating-impaired or physically handicapped pedestrian carrying a clearly visible white cane or accompanied by a support or guide dog. (625 ILCS 5/11-1004) Penalty, see § 74.99

§ 74.06 PEDESTRIANS TO USE RIGHT HALF OF CROSSWALKS.

Pedestrians shall move, whenever practicable, upon the right half of crosswalks. (625 ILCS 5/11-1005) Penalty, see § 74.99

108 Swansea - Traffic Code

§ 74.07 PEDESTRIANS SOLICITING RIDES OR BUSINESS.

(A) No person shall stand in a roadway for the purpose of soliciting a ride from the driver of any vehicle.

(B) No person shall stand on a highway for the purpose of soliciting employment or business from the occupant of any vehicle.

(C) No person shall stand on a highway for the purpose of soliciting contributions from the occupant of any vehicle, unless expressly permitted by this code. Solicitation on highways within the village shall be allowed only at intersections where all traffic is required to come to a full stop. Any person engaged in the act of solicitation shall be 16 years of age or more and shall be wearing a high visibility vest. The soliciting agency shall be:

(1) Registered with the Attorney General as a charitable organization as provided by an Act to Regulate Solicitation and Collection of Funds for Charitable Purposes, Providing for Violations Thereof, and Making an Appropriation Therefor, approved 7-26-1963, as amended;

(2) Engaged in a statewide fund raising activity; and

(3) Liable for any injuries to any person or property during the solicitation which is casually related to an act of ordinary negligence of the soliciting agent.

(D) No person shall stand on or in the proximity of a roadway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway. (625 ILCS 5/11-1006) Penalty, see § 74.99

§ 74.08 PEDESTRIANS WALKING ON HIGHWAYS.

(A) Where a sidewalk is provided and its use is practicable, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.

(B) Where a sidewalk is not available, any pedestrian walling along and upon a highway shall walk only on a shoulder, as far as practicable from the edge of the roadway.

(C) Where neither a sidewalk nor a shoulder is available, any pedestrian walking along and upon a highway shall walk as near as practicable to an outside edge of a roadway and, if on a two-way roadway, shall walk only on the left side of the roadway.

(D) Except as otherwise provided in this chapter, any pedestrian upon a roadway shall yield the right-of- way to all vehicles upon the roadway. (625 ILCS /11-1007) Penalty, see § 74.99

Pedestrians 109

§ 74.09 RIGHT-OF-WAY ON SIDEWALKS.

The driver of a vehicle shall yield the right-of-way to any pedestrians on a sidewalk. (625 ILCS 5/11-1008) Penalty, see § 74.99

§ 74.10 PEDESTRIANS YIELD TO AUTHORIZED EMERGENCY VEHICLES.

Upon the immediate approach of an authorized emergency vehicle making use of an audible signal and visual signals meeting the requirements of 625 ILCS 5/12-217, or of a police vehicle properly and lawfully making use of an audible signal only, every pedestrian shall yield the right-of- way to the authorized emergency vehicle. (625 ILCS 5/11-1009) Penalty, see § 74.10

§ 74.11 PEDESTRIANS UNDER INFLUENCE OF ALCOHOL OR DRUGS.

A pedestrian who is under the influence of alcohol or any drug to a degree which renders himself or herself a hazard shall not walk or be upon a highway, except on a sidewalk. (625 ILCS 5/11-1010) Penalty, see § 74.99

§ 74.12 BRIDGE AND RAILROAD SIGNALS.

(A) No pedestrian shall enter or remain upon any bridge or approach thereto beyond the bridge signal, gate or barrier after a bridge operation signal indication has been given.

(B) No pedestrian shall pass through, around, over or under any crossing gate or barrier at a railroad grade crossing or bridge while the gate or barrier is closed or is being opened or closed.

(C) No pedestrian shall enter, remain upon or traverse over a railroad grade crossing or pedestrian walkway crossing a railroad track when an audible bell or clearly visible electric or mechanical signal device is operational giving warning of the approach of a railroad train or railroad track equipment. (625 ILCS 5/11-1011) Penalty, see § 74.99

§ 74.13 MOTORIZED WHEELCHAIRS.

Every person operating a motorized wheelchair upon a sidewalk or roadway shall be granted all the rights and shall be subject to all the duties applicable to a pedestrian. (625 ILCS 5/11-1004.1)

110 Swansea - Traffic Code

§ 74.14 ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES.

Every person operating an electric personal assistive mobility device upon a sidewalk or roadway has all the rights and is subject to all the duties applicable to a pedestrian. Nothing in this section shall be deemed to limit or preempt the authority of any home rule or non-home rule unit of local government from regulating or prohibiting the use of electric personal assistive mobility devices. (625 ILCS 5/11-1005.1)

§ 74.15 STANDING OR LOITERING.

(A) No person shall stand or loiter in a street or roadway other than a safety zone.

(B) It shall be unlawful for a pedestrian to stand upon any sidewalk, except as near as reasonably possible to the building line or curb line, if such standing interferes with the use of the sidewalk by other pedestrians. Penalty, see § 74.99

§ 74.99 PENALTY.

(A) Any person who violates any provision of this chapter for which no penalty is provided shall be subject to the terms of § 70.99 of this code.

(B) (1) A first violation of § 74.02(B) of this chapter is a petty offense with a minimum fine of $150. A second or subsequent violation of § 74.02(B) of this chapter is a petty offense with a minimum fine of $300.

(2) (a) When a fine for a violation of § 74.02(B)(1) of this chapter is $150 or greater, the person who violates § 74.02(B)(1) of this chapter shall be charged an additional $50 to be paid to the unit school district where the violation occurred for school safety purposes. If the violation occurred in a dual school district, $25 of the surcharge shall be paid to the elementary school district for school safety purposes and $25 of the surcharge shall be paid to the high school district for school safety purposes. Notwithstanding any other provision of law, the entire $50 surcharge shall be paid to the appropriate school district or districts.

(b) For purposes of this division (B)(2), SCHOOL SAFETY PURPOSES has the meaning ascribed to that term in 625 ILCS 5/11-605.

(C) (1) A violation of § 74.12 of this chapter is a petty offense for which a $250 fine shall be imposed for a first violation, and a $500 fine shall be imposed for a second or subsequent violation. The court may impose 25 hours of community service in place of the $250 fine for a first violation. Pedestrians 111

(2) A fine shall be imposed as established in division (C)(1) above for pedestrians who fail to obey signals indicating the presence, approach, passage or departure of a train or railroad track equipment. Statutory reference: Related provisions, see 625 ILCS 5/11-1002.5, 625 ILCS 5/11-1011 112 Swansea - Traffic Code

CHAPTER 75: VEHICLE CONDITIONS, EQUIPMENT, AND LOADS

Section

Condition and Equipment of Vehicles

75.01 Generally 75.02 Scope and effect of equipment requirements 75.03 Gas and smoke 75.04 Noise 75.05 Mufflers, prevention of noise 75.06 Excessive engine braking noise prohibited

Size, Weight and Loads

75.20 Scope and effect of size, weight, and load regulations 75.21 Projecting loads on passenger vehicles 75.22 Protruding members of vehicles 75.23 Spilling loads prohibited 75.24 Covers or tarpaulins required for certain loads 75.25 Pushing of disabled vehicles 75.26 Limited load streets

Overweight and Oversized Vehicle Permits

75.40 Definitions 75.41 Permits 75.42 Applications for and issuance of permit 75.43 Police escorts 75.44 Bonds, indemnification and insurance 75.45 Denial, suspension and reinstatement 75.46 Permit fee

113 114 Swansea - Traffic Code

CONDITION AND EQUIPMENT OF VEHICLES

§ 75.01 GENERALLY.

As set forth in § 70.002 of this code, the Illinois State Vehicle Code has been adopted herein. Pursuant to that adoption, the provisions relating to the requisite condition and equipment of vehicles, (625 ILCS 5/12-101 et seq.) are applicable herein as though fully set forth hereunder. Additional and specific provisions are set out below.

§ 75.02 SCOPE AND EFFECT OF EQUIPMENT REQUIREMENTS.

(A) It is unlawful for any person to drive or move, or for the owner to cause or knowingly permit to be driven or moved on any highway any vehicle or combination of vehicles which is in an unsafe condition as to endanger any person or property, or which does not contain those parts or is not at all times equipped with the lamps and other equipment in proper condition and adjustment as required in 625 ILCS 5/12-101 et seq. and this code, or which is equipped in any manner in violation of 625 ILCS 5/12-101 et seq. and this code, or for any person to do any act forbidden or fail to perform any act required under this code and 625 ILCS 5/12-101 et seq.

(B) The provisions of 625 ILCS 5/12-101 et seq. and this code, with respect to equipment on vehicles shall not apply to implements of husbandry, road machinery, road rollers or farm tractors, or to farm-wagon type trailers having a fertilizer spreader attachment permanently mounted thereon, having a gross weight of not to exceed 36,000 pounds and used only for the transportation of bulk fertilizer, or to farm-wagon type tank trailers of not to exceed 2,000-gallons’ capacity, used during the liquid fertilizer season as field-storage “nurse tanks”, supplying the fertilizer to a field applicator and highways only for bringing the fertilizer to a field applicator from a local source of supply to the farm or field or from one farm or field to another. (625 ILCS 5/12-101) Penalty, see § 70.999

§ 75.03 GAS AND SMOKE.

It shall be unlawful to operate any vehicle which emits dense smoke or such an amount of smoke or fumes as to be dangerous to the health of persons or to endanger the drivers of other vehicles. Penalty, see § 70.999

§ 75.04 NOISE.

It shall be unlawful to operate a vehicle which makes unusually loud or unnecessary noise. Penalty, see § 70.999

Vehicle Conditions, Equipment and Loads 115

§ 75.05 MUFFLERS, PREVENTION OF NOISE.

Every motor vehicle driven or operated upon the highways of this village shall at all times be equipped with an adequate muffler or exhaust system in constant operation and properly maintained to prevent any excessive or unusual noise. No such muffler or exhaust system shall be equipped with a cutout, bypass or similar device. No person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise of such vehicle above that emitted by the muffler originally installed on the vehicle, and such original muffler shall comply with all the requirements of this section. (625 ILCS 5/12-602) Penalty, see § 70.999

§ 75.06 EXCESSIVE ENGINE BRAKING NOISE PROHIBITED.

(A) The driver of a commercial vehicle, as defined in § 70.001 of this code, is prohibited from operating or actuating any engine braking system that emits excessive noise. Signs shall be posted indicating the prohibition.

(B) The sign shall state, “EXCESSIVE ENGINE BRAKING NOISE PROHIBITED”. The State Department of Transportation shall adopt rules providing for the erection and placement of these signs.

(C) This section does not apply to the use of an engine braking system that has an adequate sound muffling system in proper working order that prevents excessive noise.

(D) It is a defense to this section that the driver used an engine braking system that emits excessive noise in an emergency to avoid a collision with a person or another vehicle on the highway.

(E) A violation of this section is an equipment violation punishable as provided in § 70.999. (625 ILCS 5/12-602.1) Penalty, see § 70.999

SIZE, WEIGHT AND LOADS

§ 75.20 SCOPE AND EFFECT OF SIZE, WEIGHT AND LOAD REGULATIONS.

(A) It is unlawful for any person to be in control of, to drive, to park, or move on, upon, or across, or for the owner to cause to knowingly permit to be parked, driven or moved on, upon, or across any highway any vehicle or combination of vehicles of a size and weight exceeding the limitations stated in 625 ILCS 5/15-101 et seq., or otherwise in violation of 625 ILCS 5/15-101 et seq. 116 Swansea - Traffic Code

(B) The provisions of 625 ILCS 5/15-101 et seq. governing size, weight and load do not apply to equipment for snow and ice removal operations owned or operated by the village, or to implements of husbandry, as defined in § 70.001, temporarily operated or towed in a combination upon a highway provided such combination does not consist of more than three vehicles or, in the case of hauling fresh, perishable fruits or vegetables from farm to the point of first processing, not more than three wagons being towed by an implement of husbandry, or to a vehicle operated under the terms of a special permit. The provisions of 625 ILCS 5/15-101 et seq., governing size and load do not apply to fire apparatus or emergency vehicles.

(C) The provisions of 625 ILCS 5/15-101 et seq., governing size, weight and load do not apply to any snow and ice removal equipment that is no more than 12 feet in width, if the equipment displays flags at least 18 inches square mounted on the driver's side of the snow plow. These vehicles must be equipped with an illuminated rotating, oscillating or flashing amber light or lights, or a flashing amber strobe light or lights, mounted on the top of the cab and of sufficient intensity to be visible at 500 feet in normal sunlight. If the load on the transport vehicle blocks the visibility of the amber lighting from the rear of the vehicle, the vehicle must also be equipped with an illuminated rotating, oscillating or flashing amber light or lights, or a flashing amber strobe light or lights, mounted on the rear of the load and of sufficient intensity to be visible at 500 feet in normal sunlight. (625 ILCS 5/15-101)

(D) No person shall use the highways under the jurisdiction of the village in violation of weight and location restrictions and commercial vehicle restrictions set forth in any applicable ordinance. Penalty, see § 70.999 Statutory reference: Power of village to regulate loads, see 65 ILCS 5/11-40-1

§ 75.21 PROJECTING LOADS ON PASSENGER VEHICLES.

No passenger-type vehicle shall be operated on any street with any load carried thereon extending beyond the line of the fenders on the left side of the vehicle, nor extending more than six inches beyond the line of the fenders on the right side thereof. (625 ILCS 5/15-105) Penalty, see § 70.999

§ 75.22 PROTRUDING MEMBERS OF VEHICLES.

No vehicle with boom, arm, drill rig or other protruding component shall be operated upon any highway in this village unless the protruding component is fastened so as to prevent shifting, bouncing or moving in any manner. (625 ILCS 5/15-106) Penalty, see § 70.999

2020 S-2 Vehicle Conditions, Equipment and Loads 117

§ 75.23 SPILLING LOADS PROHIBITED.

(A) No vehicle shall be driven or moved on any street unless the vehicle is so constructed or loaded as to prevent any of its load from dropping, shifting, leaking or otherwise escaping therefrom; except that, sand may be dropped for the purpose of seeming traction, or water or other substance may be sprinkled on a roadway in cleaning or maintaining the roadway.

(B) No person shall operate on any highway any vehicle with any load unless the load and any covering thereon is securely fastened so as to prevent the covering or load from becoming loose, detached or in any manner a hazard to other users of the highway.

(C) The State Department of Transportation shall adopt those rules and regulations it deems appropriate which require the securing of steel rolls and other objects on flatbed trucks so as to prevent injury to users of highways and damage to property. Any person who operates a flatbed truck on any highway in violation of the rules and regulations promulgated by the State Department of Transportation under this division (C) shall be punished as provided in § 70.999 of this code. (625 ILCS 5/15-109) Penalty, see § 70.999

§ 75.24 COVERS OR TARPAULINS REQUIRED FOR CERTAIN LOADS.

(A) No person shall operate or cause to be operated, on a highway, any second division vehicle loaded with dirt, aggregate, garbage, refuse, or other similar material, when any portion of the load is falling, sifting, blowing, dropping or in any way escaping from the vehicle.

(B) No person shall operate or cause to be operated, on a highway, any second division vehicle having a gross vehicle weight rating of 8,000 pounds or more loaded with dirt, aggregate, garbage, refuse, or other similar material in or on any part of the vehicle other than in the cargo area. In addition, no person shall operate on any highway, such vehicle unless the tailgate on the vehicle is in good repair and operating condition and closes securely so as to prevent any load, residue, or other material from escaping.

(C) This section shall not apply to the operation of highway maintenance vehicles engaged in removing snow and ice from the roadway, nor to implements of husbandry or other farm vehicles while transporting agricultural products to or from the original place of production.

(D) For the purpose of this section AGGREGATE shall include all ores, minerals, sand, gravel, shale, coal, clay, limestone or any other ore or mineral which may be mined.

(E) Notwithstanding any other penalty, whenever a police officer determines that the operator of a vehicle is in violation of this section, as evidenced by the issuance of a citation for a violation of § 74.24, above, or where a police officer determines that a dangerous condition exists whereby any portion of the load may fall, sift, blow, drop, or in any way escape or fall from the vehicle, the police 118 Swansea - Traffic Code

officer shall require the operator to stop the vehicle in a suitable place and keep such vehicle stationary until the load has either been reduced, secured, or covered with a cover or tarpaulin of sufficient size to prevent any further violation of this section.

(F) Any violation of the provisions of this section shall be a petty offense punishable as provided in § 70.999. (625 ILCS 5/15-109.1) Penalty, see § 70.999

§ 75.25 PUSHING OF DISABLED VEHICLES.

It is unlawful under any circumstances for any vehicle to push any other vehicle on or along any highway outside an urban area in the village, except in an extreme emergency, and then the vehicle shall not be pushed farther than is reasonably necessary to remove it from the roadway or from the immediate hazard that exists. (625 ILCS 5/15-114) Penalty, see § 70.999

§ 75.26 LIMITED LOAD STREETS.

It shall be unlawful to operate any vehicle on any street in the village when the gross weight on the surface of the road through any axle of such vehicles exceeds 16,000 pounds. Where lower limits are imposed by law 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. Penalty, see § 70.999

OVERWEIGHT AND OVERSIZED VEHICLE PERMITS

§ 75.40 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ANNUAL PERMIT. A permit issued to a single truck, truck-tractor power unit, or piece of special mobile equipment which is valid for unlimited moves for a period not to exceed one year from the date of issuance. Vehicle Conditions, Equipment and Loads 119

NON-DIVISIBLE. A vehicle and load will be considered non-divisible when further separating or dismantling the vehicle or load:

(1) Would require more than eight work hours to dismantle using appropriate equipment. The applicant has the burden of proof as to the number of work hours required to dismantle the load.

(2) Will compromise or destroy the intended use of the load only. A load can be either permanently mounted or temporarily secured equipment. Any parts, fluids, or material necessary to the operation of only the power unit portion of the vehicle shall be deemed non-divisible.

(3) Would prohibit the vehicle from hauling one attachment that is necessary to the operation of the load. To be considered non-divisible, the attachment must be securely mounted to the load in the manner it is to be used and not carried as a separate object on the hauling vehicle. It is the duty of the applicant to declare such an attachment in the permit application.

ONE-WAY or SINGLE TRIP PERMIT. One move from the point of origin to the point of destination. Any additional stops between the point of origin and the point of destination are expressly prohibited. Single trip permits are valid for five consecutive days from the date of issuance unless otherwise directed by the Police Department.

QUARTERLY PERMIT. A permit issued to a single truck, truck-tractor power unit, or piece of special mobile equipment which is valid for unlimited moves for a period not to exceed three months from the date of issuance.

ROUND-TRIP MOVEMENT. Two trips over the same route in opposite directions. Round-trip permits are valid for ten consecutive days from the date of issuance.

§ 75.41 PERMITS.

(A) (1) A permit shall be required for the movement of any vehicle or combinations of vehicles, that is non-divisible or is carrying a load that is non-divisible, while operating on roadways and bridges within the jurisdiction of the village which exceeds the following limits:

(a) Maximum gross weight of more than 80,000 pounds;

(b) Maximum single axle weight of more than 20,000 pounds;

(c) Maximum tandem axle weight of more than 34,000 pounds.

(d) Axle weights or series of axle weights that exceed the maximum limits set forth in 625 ILCS 5/15-111(a).

(e) Maximum overall length of 42 feet for single vehicles; 120 Swansea - Traffic Code

(f) Maximum overall length of more than 55 feet for tractor-semitrailer combinations;

(g) Maximum overall length of more than 60 feet for all other combinations;

(h) Maximum overall width of more than eight feet, six inches;

(i) Maximum overall height of more than 13 feet, six inches;

(2) Exempt from permits are the following:

(a) Fire Department vehicles;

(b) Those vehicles operating under an emergency declaration;

(c) Village owned vehicles engaged in emergency utility repair;

(d) Equipment used for snow and ice removal, owned or operated by any governmental body.

(B) Permits shall be issued only in the name of a person, film, business, or corporation that owns and operates the transporting vehicle or that operates the vehicle under a bona fide lease agreement.

(C) Permits for vehicles that are both overweight and/or oversize are valid only a half hour before sunrise until a half hour after sunset, on any day which a permit issued by the Illinois Department of Transportation is valid.

(D) Permits are non-transferable and apply only to the permittee.

(E) The village may issue revisions to permits:

(1) To correct an error attributed to the village;

(2) To correct an error attributed to the applicant, discovered before the move.

(3) To adjust weights, dimension or routes as issued on the permit, before the move is made.

(F) The permit, when issued, constitutes an agreement between the permittee and the village that the move described in the application will take place only as described. The permittee has the responsibility to report to the Police Department any inaccuracies or errors on the part of either the village or the permittee before starting any move. Undertaking the move is prima facie evidence of acceptance of the permit as issued and its terms. Vehicle Conditions, Equipment and Loads 121

(G) The routing prescribed in the permit constitutes the sole extent of the authority granted by the permit for the use of roads under the jurisdiction of the village, and any vehicle and/or load found to be off route will be considered off route and without a permit. Permits shall be in the driver's possession at all times unless otherwise directed by the Police Department and presented upon demand to any and all police officers for the purpose of inspection.

(H) Any vehicle(s) and/or load found to be divisible will render the permit null and void. The entire gross weight and axles weights of the vehicle(s) with the load are subject to legal weights. It is the duty of the applicant to verify the non-divisibility of the vehicle(s) before making application for the permit. The permit application itself is prima facie evidence that the applicant confirmed the vehicle(s) and/or load were non-divisible.

(I) If required, arrangement shall be made by the permittee to have the proper utilities notified, property moved, bridge or highway analysis performed and completed in advance of any permit movement.

(J) All movements under the permit shall be made in accordance with all applicable federal, state and local laws, ordinances, rules and regulations.

(K) Permits are null and void if altered for the purpose of deception. The permits issued under this section constitute the giant of a privilege by the village and may be denied or suspended for such reasons as the village may deem rationally related to its governmental interests including, but not limited to:

(1) A permittee knowingly providing incorrect information in an application for a permit;

(2) A permittee, its agents, or employees operating on a permit which has been altered for purposes of deception;

(3) Non-compliance by permittee, its agents or employees with federal, state, or local ordinances pertaining to the transport of goods or operation of a vehicle engaged in the transport of goods;

(4) Moving on village streets without a valid permit as required under this section.

(L) All single-trip or round-trip permits are limited to movements on assigned routes only.

(M) (1) All quarterly or annual overweight permits are restricted to the following maximum limitations and routing:

(a) Twelve feet in width;

(b) Thirteen feet, six inches in height;

(c) One-hundred and fifteen feet in length; 122 Swansea - Traffic Code

(d) May not move across bridges or structures that are posted or listed as such on the village truck route map.

(e) May not move on a “no-truck” route that is posted or listed as such on the village truck route map, without written permission from a member of the Police Department.

(f) May not use any village street as a cut-thru to avoid using a state, county, or township highway.

(2) These permits are subject to all standards of application set forth in § 75.42, except that the load may be interchanged provided none of the above listed maximum weight and size dimensions are exceeded. Quarterly and annual permits shall list the registration number and state for the power unit, and vehicle identification number (VIN). The serial number of the power unit and/or owner applied number shall also be listed, if applicable.

(3) Any violation of these terms will render the permit null and void, and subject the driver, firm, business, or corporation that owns the vehicle to legal weight and dimension laws. The arresting police officer will immediately confiscate the permit.

§ 75.42 APPLICATIONS FOR AND ISSUANCE OF PERMIT.

(A) The village with respect to any roadway under its jurisdiction may upon application to the Police Department issue a permit to move an oversized and/or overweight vehicle, and/or load. All applications for permits shall be given full consideration. Permits for proposed moves may be issued:

(1) When the village roadways and bridges will not be unduly damaged; and

(2) When the safety of the traveling public will be adequately protected.

(B) The following information shall be included on the permit:

(1) Company name, address, fax and telephone numbers.

(2) Applicant name and contact number.

(3) Whether the permit is for a single trip, round trip, or for multiple moves.

(4) Description of hauling vehicle or power unit, including registration number, state and year.

(5) Description of load to be moved and if the load is carrying an attachment.

(6) Maximum dimensions, gross weight, and axle weights of vehicle including load. Vehicle Conditions, Equipment and Loads 123

(7) Roads under the jurisdiction of the village to be traveled, including points of origin and destination.

(8) Any special conditions.

(9) Permit number.

§ 75.43 POLICE ESCORTS.

Police escorts are required for certain vehicles and loads as indicated in subsection herein. The total number of officers necessary to provide for a safe move shall be determined by the Police Department, based upon the size and weight of the permit move. Fees for escorts shall be in addition to the permit fees set forth herein. Escort fees shall provide for a minimum of two hours of service calculated by the most current overtime rate established by the Police Department.

§ 75.44 BONDS, INDEMNIFICATION AND INSURANCE.

(A) The permittee shall assume total liability for any and all damages to streets, bridges, village owned appurtenances and private or public property while engaged in a permit move. The measure of liability is the cost for all repairs or replacement of property damaged by the permittee.

(B) The permittee shall indemnify and hold harmless the village or members of the Police Department from any costs, judgments or settlements, including attorneys' fees, arising from physical injuries, including loss of life, or damage to or loss of property related to acts or omissions by permittee, its officers, agents, or employees pursuant to the permit.

(C) Upon application for a permit each applicant shall provide evidence of a valid comprehensive general liability insurance policy, with an insurance company approved by the village, for protection against personal injury or property damage in the amount of $ 1,000,000.00 per occurrence. The village shall be listed as a certificate holder on the policy.

§ 75.45 DENIAL, SUSPENSION AND REINSTATEMENT.

(A) Suspension of a current permit shall be for the time determined appropriate by the Police Department; however, reinstatement may be made upon conditions determined by the village and payment of all outstanding settlements or judgments.

(B) The Chief of Police or their designee shall administer and enforce §§ 75.40 to 75.46 and shall have the authority to grant, deny, suspend, or reinstate permits. Any applicant or permittee denied a permit or who has had a permit suspended, upon request, shall be given a hearing before the Chief of Police and, if applicant or permittee desires, may appeal the decision to the Hearing Officer. 124 Swansea - Traffic Code

(C) No permits shall be issued to an applicant or company who has outstanding fees or payments due to the village.

§ 75.46 PERMIT FEE.

(A) The village with respect to highways under its jurisdiction shall collect an appropriate fee, as determined by the Chief of Police, from applicants for the issuance of a permit to operate or move an overweight or oversized vehicle or combination of vehicle(s) and/or loads.

(B) The Police Department is responsible for the billing, invoicing, and collection of permit fees. The Police Department, in their discretion, may make rules and regulations as to acceptable methods of payment and due dates. Any unpaid permit fees will be turned over to a collection agency under contract of the village.

CHAPTER 76: MOTOR VEHICLE OFFENSES

Section

76.01 Reckless driving 76.02 Intoxicated driving 76.03 Chemical and other tests 76.04 Adoption of other specific statutes 76.05 Street racing 76.06 Accidents involving death or personal injuries 76.07 Duty to give information and render aid 76.08 Accident involving damage to vehicle 76.09 Duty upon damaging unattended vehicle or other property 76.10 Duty to report accident 76.11 False reports 76.12 When driver fails to report

76.99 Penalty

§ 76.01 RECKLESS DRIVING.

It shall be unlawful to operate any vehicle in the village in a careless, reckless, negligent, or wanton manner, or carelessly so as to endanger life or property. A person commits reckless driving if he or she:

(A) Drives any vehicle with a willful or wanton disregard for the safety of persons or property; or

(B) Knowingly drives a vehicle and uses an incline in a roadway, such as a railroad crossing, bridge approach or hill, to cause the vehicle to become airborne. (625 ILCS 5/11-503(a)) Penalty, see § 76.99

§ 76.02 INTOXICATED DRIVING.

(A) Prohibited. A person shall not drive or be in actual physical control of any vehicle within the village while:

(1) The alcohol concentration in the person's blood, other bodily substance, or breath is 0.08 or more based on the definition of blood and breath units in § 11-501.2 of the Illinois Vehicle Code;

125 126 Swansea - Traffic Code

(2) Under the influence of alcohol;

(3) Under the influence of any intoxicating compound or combination of intoxicating compounds to a degree that renders the person incapable of driving safely;

(4) Under the influence of any other drug or combination of drugs to a degree that renders the person incapable of safely driving;

(5) Under the combined influence of alcohol, other drug or drugs, or intoxicating compound or compounds to a degree that renders the person incapable of safely driving;

(6) There is any amount of a drug, substance, or compound in the person's breath, blood, other bodily substance, or urine resulting from the unlawful use or consumption of a controlled substance listed in the Illinois Controlled Substances Act, an intoxicating compound listed in the Use of Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act; or

(7) The person has, within two hours of driving or being in actual physical control of a vehicle, a tetrahydrocannabinol concentration in the person's whole blood or other bodily substance as defined in§ 11-501.2(a), paragraph 6 of the Illinois Vehicle Code. Subject to all other requirements and provisions under this section, this division (A)(7) does not apply to the lawful consumption of cannabis by a qualifying patient licensed under the Compassionate Use of Medical Cannabis Program Act who is in possession of a valid registry card issued under that Act, unless that person is impaired by the use of cannabis.

(B) Violation of section; defense. The fact that any person charged with violating this section is or has been legally entitled to use alcohol, cannabis under the Compassionate Use of Medical Cannabis Program Act, other drug or drugs, or intoxicating compound or compounds, or any combination thereof, shall not constitute a defense against any charge of violating this section.

(C) Penalties.

(1) Except as otherwise provided in this Section, any person convicted of violating division (A), above, is guilty of a violation of this section.

(2) A person who violates division (A) or a similar provision a second time shall be sentenced to a mandatory minimum term of either five days of imprisonment or 240 hours of community service in addition to any other criminal or administrative sanction.

(3) A person who violates division (A) is subject to six months of imprisonment, an additional mandatory minimum fine of $1,000, and 25 days of community service in a program benefiting children if the person was transporting a person under the age of 16 at the time of the violation.

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(4) A person who violates division (A) a first time, if the alcohol concentration in his or her blood, breath, other bodily substance, or urine was 0.16 or more based on the definition of blood, breath, other bodily substance, or urine units in §11-501.2 of the Illinois Vehicle Code, shall be subject, in addition to any other penalty that may be imposed, to a mandatory minimum of 100 hours of community service and a mandatory minimum fine of $500.

(5) A person who violates division (A) a second time, if at the time of the second violation the alcohol concentration in his or her blood, breath, or other bodily substance, or urine was 0.16 or more based on the definition of blood, breath, other bodily substance, or urine units in § 11-501.2 of the Illinois Vehicle Code, shall be subject, in addition to any other penalty that may be imposed, to a mandatory minimum of two days of imprisonment and a mandatory minimum fine of $1,250.

(D) Aggravated intoxicated driving. Aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof.

(1) Every person convicted of committing a violation of this section shall be guilty of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof if:

(a) The person committed a violation of division (A) or a similar provision for the third or subsequent time;

(b) The person committed a violation of division (A) while driving a school bus with one or more passengers on board;

(c) The person in committing a violation of division (A) was involved in a motor vehicle accident that resulted in great bodily harm or permanent disability or disfigurement to another, when the violation was a proximate cause of the injuries;

(d) The person committed a violation of subsection (A) and has been previously convicted of violating § 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012 or a similar provision of a law of another state relating to reckless homicide in which the person was determined to have been under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds as an element of the offense or the person has previously been convicted under division (D)(a)(c) or (f);

(e) The person, in committing a violation of division(A) while driving at any speed in a school speed zone at a time when a speed limit of 20 miles per hour was in effect under the provisions of this code, was involved in a motor vehicle accident that resulted in bodily harm, other than great bodily harm or permanent disability or disfigurement, to another person, when the violation of subsection (A) was a proximate cause of the bodily harm;

(f) The person, in committing a violation of division (A), was involved in a motor vehicle, snowmobile, all-terrain vehicle, or water-craft accident that resulted in the death of another person, when the violation of division (A) was a proximate cause of the death;

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(g) The person committed a violation of division (A) during a period in which the defendant's driving privileges are revoked or suspended, where the revocation or suspension was for a violation of division (A) or a similar provision, § 11-501.1 of the Illinois Vehicle Code (625 ILCS 5/11-501.1), paragraph (b) of § 11-401 of the Illinois Vehicle Code (625 ILCS 5/11-401(b)), § 11- 804 of this code, or for reckless homicide as defined in § 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012;

(h) The person committed the violation while he or she did not possess a driver's license or permit or a restricted driving permit or a judicial driving permit or a monitoring device driving permit;

(i) The person committed the violation while he or she knew or should have known that the vehicle lie or she was driving was not covered by a liability insurance policy;

(j) The person in committing a violation of division (A) was involved in a motor vehicle accident that resulted in bodily harm, but not great bodily harm, to the child under the age of 16 being transported by the person, if the violation was the proximate cause of the injury;

(k) The person in committing a second violation of subsection (A) or a similar provision was transporting a person under the age of 16; or

(l) The person committed a violation of division (A) of this section while transporting one or more passengers in a vehicle for-hire.

(2) (a) Penalty. Except as provided otherwise, a person convicted of aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof is guilty of a Class 4 felony under Illinois State law and/or subject to maximum penalties for ordinance violations.

(b) Third violation of section. A third violation of this section or a similar provision is a Class 2 felony and a violation of this chapter. If at the time of the third violation the alcohol concentration in his other blood, breath, other bodily substance, or urine was 0.16 or more based on the definition of blood, breath, other bodily substance, or urine units in § 11-501.2 of the Illinois Vehicle Code, a mandatory minimum of 90 days of imprisonment and a mandatory minimum fine of $2,500 shall be imposed in addition to any other criminal or administrative sanction. If at the time of the third violation, the defendant was transporting a person under the age of 16, a mandatory fine of $25,000 and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.

(c) Fourth violation of section. A fourth violation of this section or a similar provision is a Class 2 felony, and a violation of this chapter, for which a sentence of probation or conditional discharge may not be imposed. If at the time of the violation, the alcohol concentration in the defendant's blood, breath, other bodily substance, or urine was 0.16 or more based on the definition of blood, breath, other bodily substance, or urine units in § 11-501.2 of the Illinois Vehicle Code, a mandatory

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minimum fine of $5,000 shall be imposed in addition to any other criminal or administrative sanction. If at the time of the fourth violation, the defendant was transporting a person under the age of 16 a mandatory fine of $25,000 and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.

(d) Fifth violation of section. A fifth violation of this section or a similar provision is a Class 1 felony, and a violation of this chapter, for which a sentence of probation or conditional discharge may not be imposed. If at the time of the violation, the alcohol concentration in the defendant's blood, breath, other bodily substance, or urine was 0.16 or more based on the definition of blood, breath, other bodily substance, or urine units in § 11-501.2 of the Illinois Vehicle Code, a mandatory minimum fine of $5,000 shall be imposed in addition to any other criminal or administrative sanction. If at the time of the fifth violation, the defendant was transporting a person under the age of 16, a mandatory fine of $25,000, and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.

(e) Sixth or subsequent violation of this section. A sixth or subsequent violation of this section or similar provision is a Class X felony and a violation of this chapter. If at the time of the violation, the alcohol concentration in the defendant's blood, breath, other bodily substance, or urine was 0.16 or more based on the definition of blood, breath, other bodily substance, or urine units in § 11-501.2 of the Illinois Vehicle Code, a mandatory minimum fine of $5,000 shall be imposed in addition to any other criminal or administrative sanction. If at the time of the violation, the defendant was transporting a person under the age of 16, a mandatory fine of $25,000 and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.

(f) Violation of (D)(1)(c), above. For a violation of division (D)(1)(c), above, the defendant, if sentenced to a term of imprisonment, shall be sentenced to not less than one year nor more than 12 years.

(g) Violation of (D)(1)(f), above. A violation division (D)(1)(f) is a Class 2 felony, for which the defendant, unless the court determines that extraordinary circumstances exist and require probation, shall be sentenced to: (i) a term of imprisonment of not less than three years and not more than 14 years if the violation resulted in the death of one person; or (ii) a term of imprisonment of not less than six years and not more than 28 years if the violation resulted in the deaths of two or more persons.

(h) Violation of (D)(1)(j), above. For a violation of division (D)(1)(j), a mandatory fine of $2,500, and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.

(i) Violation of (D)(1)(k), above. A violation of division (D)(1)(k) is a Class 2 felony and a mandatory fine of $2,500, and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction. If the child being transported 130 Swansea - Traffic Code

suffered bodily harm, but not great bodily harm, in a motor vehicle accident, and the violation was the proximate cause of that injury, a mandatory fine of $5,000 and 25 days of community service in a program benefiting children shall be imposed in addition to any other criminal or administrative sanction.

(j) Violation of (D)(1)(k), above. A violation of division (D)(1)(d) is a Class 3 felony, for which a sentence of probation or conditional discharge may not be imposed.

(3) Any person sentenced under this subsection (D) who receives a term of probation or conditional discharge must serve a minimum term of either 480 hours of community service or ten days of imprisonment as a condition of the probation or conditional discharge in addition to any other criminal or administrative sanction.

(E) Prior violation. Any reference to a prior violation of division (A) or a similar provision includes any violation of a provision of a local ordinance or a provision of a law of another state or an offense committed on a military installation that is similar to a violation of division (A) of this section.

(F) Mandatory term of imprisonment or community service. The imposition of a mandatory term of imprisonment or assignment of community service for a violation of this section shall not be suspended or reduced by the court.

(G) Driving with revoked license. Any penalty imposed for driving with a license that has been revoked for a previous violation of division (A) of this section shall be in addition to the penalty imposed for any subsequent violation of division (A).

(H) Certified copy of driving abstract. For any prosecution under this section, a certified copy of the driving abstract of the defendant shall be admitted as proof of any prior conviction. (625 ILCS 5/11-501)

§ 76.03 CHEMICAL AND OTHER TESTS.

(A) Upon the trial of any civil or criminal action or proceeding arising out of an arrest for an offense as defined in the Illinois Vehicle Code, 625 ILCS 5/11-501, or as defined and set forth in §§ 76.02 in this code, or proceedings pursuant to § 2-118.1 of the Illinois Vehicle Code (625 ILCS 5/2- 118.1), evidence of the concentration of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof in a person's blood or breath at the time alleged, as determined by analysis of the person's blood, urine, breath or other bodily substance, shall be admissible. Where such test is made the following provisions shall apply:

(1) Chemical analyses of the person's blood, urine, breath or other bodily substance to be considered valid under the provisions of this section shall have been performed according to standards promulgated by the Department of State Police by a licensed physician, registered nurse, trained phlebotomist, licensed paramedic, or other individual possessing a valid permit issued by that Department for this purpose. The Director of State Police is authorized to approve satisfactory Motor Vehicle Offenses 131

techniques or methods, to ascertain the qualifications and competence of individuals to conduct such analyses, to issue permits which shall be subject to termination or revocation at the discretion of that Department and to certify the accuracy of breath testing equipment. The Department of State Police shall prescribe regulations as necessary to implement this section.

(2) (a) When a person in this village shall submit to a blood test at the request of a law enforcement officer under the provisions of § 11-501.1 of the Illinois Vehicle Code (625 ILCS 5/11- 501.1), only a physician authorized to practice medicine, a licensed physician assistant, a licensed advanced practice registered nurse, a registered nurse, trained phlebotomist, or licensed paramedic, or other qualified person approved by the Department of State Police may withdraw blood for the purpose of determining the alcohol, drug, or alcohol and drug content therein. This limitation shall not apply to the taking of breath, other bodily substance, or urine specimens.

(b) When a blood test of a person who has been taken to an adjoining state for medical treatment is requested by an Illinois law enforcement officer, the blood may be withdrawn only by a physician authorized to practice medicine in the adjoining state, a licensed physician assistant, a licensed advanced practice registered nurse, a registered nurse, a trained phlebotomist acting under the direction of the physician, or licensed paramedic. The law enforcement officer requesting the test shall take custody of the blood sample, and the blood sample shall be analyzed by a laboratory certified by the Department of State Police for that purpose.

(3) The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person of their own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer.

(4) Upon the request of the person who shall submit to a chemical test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to the person or such person's attorney.

(5) Alcohol concentration shall mean either grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

(6) Tetrahydrocannabinol concentration means either five nanograms or more of delta-9- tetrahydrocannabinol per milliliter of whole blood or ten nanograms or more of delta-9- tetrahydrocannabinol per milliliter of other bodily substance.

(B) Law enforcement officials may use validated roadside chemical tests or standardized field sobriety tests approved by the National Highway Traffic Safety Administration when conducting investigations of a violation of § 11 -501 of the Illinois Vehicle Code or another similar provision provided in this code by drivers suspected of driving under the influence of cannabis. The General Assembly finds that (i) validated roadside chemical tests are effective means to determine if a person is under the influence of cannabis and (ii) standardized field sobriety tests approved by the National

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Highway Traffic Safety Administration are divided attention tasks that are intended to determine if a person is under the influence of cannabis. The purpose of these tests is to determine the effect of the use of cannabis on a person's capacity to think and act with ordinary care and therefore operate a motor vehicle safely. Therefore, the results of these validated roadside chemical tests or standardized field sobriety tests, appropriately administered, shall be admissible in the trial of any civil or criminal action or proceeding arising out of an arrest for a cannabis-related offense as defined in § 11 -501 of the Illinois Vehicle Code, a similar provision under this code, or proceedings under §§ 2-118.1 or 2- 118.2 of the Illinois Vehicle Code (625 ILCS 5/2-118.1 and 5/2-118.2). Where a test is made the following provisions shall apply:

(1) The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person of their own choosing administer a chemical test or tests in addition to the standardized field sobriety test or tests administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a person does not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer.

(2) Upon the request of the person who shall submit to validated roadside chemical tests or a standardized field sobriety test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to the person or the person's attorney.

(3) At the trial of any civil or criminal action or proceeding arising out of an arrest for an offense as defined in § 11-501 of the Illinois Vehicle Code, or a similar provision in this code, or proceedings under §§ 2-118.1 or 2-118.2 of the Illinois Vehicle Code (625 ILCS 5/2-118.1 and 5/2- 118.2) in which the results of these validated roadside chemical tests or standardized field sobriety tests are admitted, the person may present and the trier of fact may consider evidence that the person lacked the physical capacity to perform the validated roadside chemical tests or standardized field sobriety tests.

(C) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while driving or in actual physical control of a vehicle while under the influence of alcohol, the concentration of alcohol in the person's blood or breath at the time alleged as shown by analysis of the person's blood, urine, breath, or other bodily substance shall give rise to the following presumptions:

(1) if there was at that time an alcohol concentration of 0.05 or less, it shall be presumed that the person was not under the influence of alcohol.

(2) If there was at that time an alcohol concentration in excess of 0.05 but less than 0.08, such facts shall not give rise to any presumption that the person was or was not under the influence of alcohol, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol.

(3) If there was at that time an alcohol concentration of 0.08 or more, it shall be presumed that the person was under the influence of alcohol.

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(4) The foregoing provisions of this section shall not be construed as limiting the introduction of any other relevant evidence bearing upon the question whether the person was under the influence of alcohol.

(D) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while driving or in actual physical control of a vehicle while under the influence of alcohol, other drug or drugs, intoxicated compound or compounds or any combination thereof, the concentration of the concentration of cannabis in the person's whole blood or other bodily substance at the time alleged as shown by analysis of the person's blood or other bodily substance at the time alleged as shown by analysis of the person's blood or other bodily substance shall give rise to the following presumptions:

(1) If there was a tetrahydrocannabinol concentration of five nanograms or more in whole blood or ten nanograms or more in an other bodily substance as defined in this section, it shall be presumed that the person was under the influence of cannabis.

(2) If there was at that time a tetrahydrocannabinol concentration of less than five nanograms in whole blood or less than ten nanograms in an other bodily substance, such facts shall not give rise to any presumption that the person was or was not under the influence of cannabis, but such fact may be considered with other competent evidence in determining whether the person was under the influence of cannabis.

(E) (1) If a person under arrest refuses to submit to a chemical test under the provisions of § 11-501.1 of the Illinois Vehicle Code or a similar provision in this code, evidence of refusal shall be admissible in any civil or criminal action or proceeding arising out of acts alleged to have been committed while the person under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof was driving or in actual physical control of a motor vehicle.

(2) (a) Notwithstanding any ability to refuse under this code or the Illinois Vehicle Code to submit to these tests or any ability to revoke the implied consent to these tests, if a law enforcement officer has probable cause to believe that a motor vehicle driven by or in actual physical control of a person under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof has caused the death or personal injury to another, the law enforcement officer shall request, and that person shall submit, upon the request of a law enforcement officer to a chemical test or tests of his or her blood, breath, other bodily substance, or urine for the purpose of determining the alcohol content thereof or the presence of any other drug or combination of both.

(b) This provision does not affect the applicability of or imposition of driver's license sanctions under §11-501.1 of the Illinois Vehicle Code or a similar provision under this code.

(3) For purposes of this section, a personal injury includes any Type A injury as indicated on the traffic accident report completed by a law enforcement officer that requires immediate professional

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attention in either a doctor's office or a medical facility. A Type A injury includes severe bleeding wounds, distorted extremities, and injuries that require the injured party to be carried from the scene.

(F) If a person refuses validated roadside chemical tests or standardized field sobriety tests under § 11-501.9 of the Illinois Vehicle Code or a similar provision of this code, evidence of refusal shall be admissible in any civil or criminal action or proceeding arising out of acts committed while the person was driving or in actual physical control of a vehicle and alleged to have been impaired by the use of cannabis.

(G) Department of State Police compliance with the changes in the amendatory Act as set forth in § 11-501.2 of the Illinois Vehicle Code concerning testing of other bodily substances and tetrahydrocannabinol concentration by Department of State Police laboratories is subject to appropriation and until the Department of State Police adopt standards and completion validation. Any laboratories that test for the presence of cannabis or other drugs under this code or the Illinois Vehicle Code, the Snowmobile Registration and Safety Act, or the Boat Registration and Safety Act must comply with ISO/IEC 17025:2005. (625 ILCS 5/11-501.2)

§ 76.04 ADOPTION OF OTHER SPECIFIC STATUTES.

The provisions of the Illinois Compiled Statutes, as amended, regarding standards for chemical analysis, the reporting of such analysis results, and the evidentiary use thereof shall be adopted and observed. Statutory reference: Related provisions, see 625 ILCS 5/11-501.4, 5/11-501.4-1, 5/11-501.5, 5/11-501.6, 5/11-501.9

§ 76.05 STREET RACING.

(A) No person shall engage in street racing on any street or highway of the state.

(B) No owner of any vehicle shall acquiesce in or permit his or her vehicle to be used by another for the purpose of street racing.

(C) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ACQUIESCE or PERMIT. Actual knowledge that the motor vehicle was to be used for the purpose of street racing.

STREET RACING.

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(a) The operation of two or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other;

(b) The operation of one or more vehicles over a common selected course, each starting at the same point, for the purpose of comparing the relative speeds or power of acceleration of such vehicle or vehicles within a certain distance or time limit;

(c) The use of one or more vehicles in an attempt to outgain or outdistance another vehicle;

(d) The use of one or more vehicles to prevent another vehicle from passing;

(e) The use of one or more vehicles to arrive at a given destination ahead of another vehicle or vehicles; or

(f) The use of one or more vehicles to test the physical stamina or endurance of drivers over long-distance driving routes.

(D) Every person convicted of committing a violation of division (A) above shall be guilty of aggravated street racing if the person, in committing a violation of division (A) above was involved in a motor vehicle accident that resulted in great bodily harm or permanent disability or disfigurement to another, where the violation was a proximate cause of the injury. (625 ILCS 5/11-506) Penalty, see § 76.99

§ 76.06 ACCIDENTS INVOLVING DEATH OR PERSONAL INJURIES.

(A) The driver of any vehicle involved in a motor vehicle accident resulting in personal injury to or death of any person shall immediately stop the vehicle at the scene of the accident, or as close thereto as possible, and shall then forthwith return to, and in every event shall remain at the scene of the accident until the requirements of § 76.07 of this chapter have been fulfilled. Every such stop shall be made without obstructing traffic more than is necessary.

(B) For purposes of this section, PERSONAL INJURY shall mean any injury requiting immediate professional treatment in a medical facility or doctor's office. (625 ILCS 5/11-401) Penalty, see § 76.99

§ 76.07 DUTY TO GIVE INFORMATION AND RENDER AID.

(A) The driver of any vehicle involved in a motor vehicle accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person shall give the driver's name, address, registration number and owner of the vehicle the driver is operating, and shall upon request and if available, exhibit the driver's license to the person struck or the driver or occupant of or person attending any vehicle collided with, and shall render to any person injured in the accident

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reasonable assistance, including the carrying or the making of arrangements for the carrying of the person to a physician, surgeon or hospital for medical or surgical treatment, if it is apparent that such treatment is necessary or if such carrying is requested by the injured person.

(B) If none of the persons entitled to information pursuant to this section is in condition to receive and understand the information and no police officer is present, the driver, after rendering reasonable assistance, shall forthwith report the accident at the Police Department, disclosing the information required by this section. (625 ILCS 5/11-403) Penalty, see § 76.99

§ 76.08 ACCIDENT INVOLVING DAMAGE TO VEHICLE.

(A) The driver of any vehicle involved in a motor vehicle accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop the vehicle at the scene of the motor vehicle accident or as close thereto as possible, but shall forthwith return to and in every event shall remain at the scene of the motor vehicle accident until the requirements of § 76.07 of this chapter have been fulfilled. A driver does not violate this section if the driver moves the vehicle as soon as possible off the highway to the nearest safe location on an exit ramp shoulder, a frontage road, the nearest suitable cross street, or other suitable location that does not obstruct traffic and remains at that location until the driver has fulfilled the requirements of § 76.07 of this chapter.

(B) Every stop shall be made without obstructing traffic more than is necessary.

(C) If a damaged vehicle is obstructing traffic lanes, the driver of the vehicle must make every reasonable effort to move the vehicle or have it moved so as not to block the traffic lanes. (625 ILCS 5/11-402) Penalty, see § 76.99

§ 76.09 DUTY UPON DAMAGING UNATTENDED VEHICLE OR OTHER PROPERTY.

The driver of any vehicle which collides with or is involved in a motor vehicle accident with any vehicle which is unattended, or other property, resulting in any damage to such other vehicle or property shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle or other property of the driver's name, address, registration number, and owner of the vehicle the driver was operating or shall attach securely in a conspicuous place on or in the vehicle or other property struck a written notice giving the driver's name, address, registration number, and owner of the vehicle the driver was driving and shall without unnecessary delay notify the Police Department and shall make a written report of such accident when and as required in § 76.10 of this chapter. Every such stop shall be made without obstructing traffic more than is necessary. If a damaged vehicle is obstructing traffic lanes, the driver of the vehicle must make every reasonable effort to move the vehicle or have it moved so as not to block the traffic lanes. (625 ILCS 5/11-404) Penalty, see §76.99

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§ 76.10 DUTY TO REPORT ACCIDENT.

(A) The driver of a vehicle which is in any manner involved in an accident within the village, resulting in injury to or death of any person or in which damage to the property of any one person, including himself or herself, in excess of $1,500 (or $500 if any of the vehicles involved in the accident is subject to 625 ILCS 5/7-601, but is not covered by a liability insurance policy in accordance with 625 ILCS 5/7-601) is sustained, shall, as soon as possible but not later than ten days after the accident, file with the Police Department a copy of the written report required to be filed with the state under 625 ILCS 5/11l-406(a).

(B) Whenever a school bus is involved in an accident in the village, caused by a collision, a sudden stop or otherwise, resulting in any property damage, personal injury or death, and whenever an accident occurs within 50 feet of a school bus in the village resulting in personal injury to or the death of any person while awaiting or preparing to board the bus or immediately after exiting the bus, the driver shall as soon as possible, but not later than ten days after the accident, file with the Police Department a copy of the written report required to be filed with the state under 625 ILCS 5/11-406(b). If a report is also required under division (A) above, that report and the report required by this division (B) shall be submitted on a single form.

(C) The Chief of Police may require any driver occupant or owner of a vehicle involved in an accident of which report must be made as provided in this section or § 76.12 of this chapter to file supplemental reports whenever the original report is insufficient in the opinion of the Chief of Police and may require witnesses of the accident to submit written reports. The report may include photographs, charts, sketches and graphs.

(D) Should the Police Department learn through other reports of accidents required by law of the occurrence of an accident reportable under this chapter and the driver, owner or witness has not reported as required under divisions (A) through (C) above or § 76.12 of this chapter within the time specified, the person is not relieved of the responsibility and the Police Department shall notify the person by first class mail directed to his or her last known address of his or her legal obligation. However, the notification is not a condition precedent to impose the penalty for failure to report as provided in division (E) below.

(E) The Secretary of State shall suspend the driver's license or any non-resident’s driving privilege of any person who fails or neglects to make report of a traffic accident as herein required or as required by any other law of the state. (625 ILCS 5/11-406) Statutory reference: Authorization for village to require accident reports, see 625 ILCS 5/11-415

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§ 76.11 FALSE REPORTS.

Any person who provides information in an oral or written report required by this chapter with knowledge or reason to believe that the information is false shall be fined as provided in § 76.99 of this chapter. (625 ILCS 5/11-409)

§ 76.12 WHEN DRIVER FAILS TO REPORT.

Whenever the driver of a vehicle is physically incapable of making a required written accident report and if there was another occupant in the vehicle at the time of the motor vehicle accident capable of making a written report, the occupant shall make or cause the written report to be made. If the driver fails for any reason to make the report the owner of the vehicle involved in the motor vehicle accident shall, as soon as practicable, make the report to the Police Department. (625 ILCS 5/11-410)

§ 76.99 PENALTY.

(A) Generally. Any person who violates any provision of this chapter for which no penalty is otherwise provided shall be subject to the terms of § 70.999 of this code.

(B) Reckless driving. Every person convicted of reckless driving, per § 76.01 of this chapter, shall be guilty of a Class A misdemeanor, except as provided under 625 ILCS 5/11-503, for felony offenses and shall also have violated this chapter. (625 ILCS 5/11-503)

(C) Street racing.

(1) Any person who is convicted of a violation of § 76.05(A) of this code shall be guilty of a Class A misdemeanor for the first offense, shall have violated this chapter, and shall be subject to a minimum fine of $250. The driver's license of any person convicted of § 76.05(A) of this chapter shall be revoked in the manner provided by 625 ILCS 5/6-205.

(2) Any person who is convicted of a violation of § 76.05(B) of this code shall be guilty of a Class B misdemeanor. Any person who is convicted of § 76.05(B) of this code for a second or subsequent time shall be guilty of a Class A misdemeanor and shall have violated this chapter. (625 ILCS 5/11-506) Motor Vehicle Offenses 139

(D) Accidents.

(1) Upon conviction of a violation of § 76.08 of this code, the court shall make a finding as to whether the damage to a vehicle is in excess of $1,000, and in such case a statement of this finding shall be reported to the Secretary of State with the report of conviction.

(2) If any peace officer or highway authority official finds either a vehicle standing upon a highway or toll highway in violation of a prohibition, limitation or restriction on stopping, standing or parking imposed under this traffic code, or a disabled vehicle that obstructs the roadway of a highway or toll highway, the peace officer or highway authority official is authorized to move the vehicle or to require the operator of the vehicle to move the vehicle to the shoulder of the road, to a position where parking is permitted, or to public parking or storage premises. The removal may be performed by, or under the direction of, the peace officer or highway authority official or may be contracted for by local authorities. After the vehicle has been removed, the peace officer or highway authority official shall follow appropriate procedures, as provided in section § 70.103 of this code or 625 ILCS 5/4-203. 140 Swansea - Traffic Code

CHAPTER 77: TRAFFIC SCHEDULES

Schedule

I. Traffic-control signal locations II. School traffic-control signal locations III. Stop intersection locations IV. Through streets and stop intersections V. Through streets and yield right-of-way intersections VI. Load limit streets VII. One-way streets and alleys VIII. No U-turn zones IX. Speed limit zones X. School speed zones XI. Pedestrian crosswalks Cross-reference: Posting signs, see § 70.042

SCHEDULE I. TRAFFIC-CONTROL SIGNAL LOCATIONS.

(A) Except when directed otherwise by a police officer, the driver of any vehicle shall obey all traffic-control signals within the village in accordance with the 625 ILCS 5/11-306.

(B) Traffic-control signal locations are designated as follows.

Locations

17th Street at North Belt West

Boul Avenue at North Illinois Street

Drake Road at North Illinois Street

Fullerton Road at North Illinois Street

Green Haven Drive at North Illinois Street

Huntwood Road at North Illinois Street

Illinois Route 161 at North Illinois Street

Josephine Drive at Illinois Route 161

Metro Drive at North Illinois Street

141 142 Swansea - Traffic Code

Locations

North Belt West and Fullerton Road at Illinois Route 161

Old Collinsville Road at Frank Scott Parkway

Rosewood Village Drive at North Illinois Street

(Prior Code, § 11-301)

Traffic Schedules 143

SCHEDULE II. SCHOOL TRAFFIC-CONTROL SIGNAL LOCATIONS.

Except when directed otherwise by a police officer, the driver of any vehicle shall obey all school traffic-control signal locations within the village in accordance with 625 ILCS 5/11-306(d). School traffic-control signal locations are designated as follows.

None designated.

144 Swansea - Traffic Code

Traffic Schedules 145

SCHEDULE III. STOP INTERSECTION LOCATIONS.

Except when directed to proceed by a police officer or traffic-control signal, every driver of a vehicle approaching a stop intersection, indicated by a stop sign, shall stop at a clearly marked stop line; or, if none, then 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, but before entering the intersection. After having stopped, the driver shall yield the right-of-way to any vehicle which has entered the intersection from another roadway or which is approaching so closely on the roadway as to constitute an immediate hazard during the time when the driver is moving across or within the intersection, but said driver, having so yielded, may proceed at such time as a safe interval occurs.

(A) Four-way stop intersection locations are designated as follows.

Street Location Ord. No. Date Passed

Banbury Place At Lyonshall Boulevard

Barrett Lake Drive At Smelting Works Road 1701 4-7-2014

Barteau Drive At Smelting Works Road 1701 4-7-2014

Big Bend Boulevard At Goldenrod Lane

Big Bend Boulevard At Green Haven Drive

Big Bend Boulevard At Homestead Avenue

Biverton Drive At Ramsfield Drive 1388 11-1-2004

Bourdelais Drive At Beau-Gon Avenue

Brackett Street At North 1st Street

Brackett Street At North 2nd Street

Britanna Drive At Mary Jo Drive

Caseyville Avenue At Gilbert Street

Caseyville Avenue At Morgan Street

Cunningham Drive At Deerfield Drive

Fullerton Road At Jared Drive

Fullerton Road At Rand Lane

Gilbert Street At North 1st Street

Gilbert Street At North 2nd Street

Green Haven Drive At Mimosa Avenue 146 Swansea - Traffic Code

Street Location Ord. No. Date Passed

Helen Street At Anna Street

Helen Street At E. Caroline Street

Huntwood Road At Old Caseyville Road 1478 12-18-2006

Kinsella Avenue At Gilbert Street

Marla Kay Drive At Mary Jo Drive

Morgan Street At Boul Avenue

Morgan Street At Kinsella Avenue

North 17th Street At Kingsbury and North 28th Street

Old Caseyville Road At Foxtrotter Drive/Baron Drive 1459 7-17-2006

Olroyd Drive At Rand Lane 1460 7-17-2006

Roger Street At Caseyville Avenue

Roger Street At North 15th Street

Roger Street At North 16th Street

St. Sabre Drive At Goldenrod Lane

(B) Three-way stop intersection locations.

Street Location Ord. No. Date Passed

Arley Hill Drive At Bristol Hill Drive/Wesleyan Drive

Arundel Place At Lyonshall Boulevard

Bassen Drive At Naughton Way 1459 7-17-2006

Baxton Court At Gentry Lane 1459 7-17-2006

Bennington Drive At Baron Drive

Biverton Drive At Copperton Drive

Bobbie Drive At Brian Drive

Britanna Drive At Bobbie Drive

Brougham Place At Lyonshall Boulevard

Caleb Court At Rand Lane

Caseyville Avenue (northwest At Kinsella Avenue bound)

Caseyville Avenue At Kinsella Avenue (westbound) Traffic Schedules 147

Street Location Ord. No. Date Passed

Corporate Drive At Smelting Works Road

Cunningham Drive At Leighigh Drive

Foxtrotter Drive At Appaloosa Drive 1459 7-17-2006

Goldenrod Lane At Papillon Drive

Greystoke Place At Lyonshall Boulevard

Grimmig Road At Smelting Works Road

Homestead Avenue At Michael John Drive

Huntwood Court At Huntwood Road

Jardin Drive At Old Caseyville Road

Kenwood Drive At Kingsbury Drive

Lake Lorraine Drive At Lake Lorraine Cove

Leawood Drive At Twin Lake Drive

Lyonshall Boulevard At Old Collinsville Road

Lyonshall Boulevard At Smelting Works Road

Maria Kay Drive At Bobbie Drive

Mary Jo Drive At Castellano Drive

Merganser Boulevard At Steinberg Farm Road 1460 7-17-2006

Merganser Boulevard At Wood Duck Drive 1460 7-17-2006

Michael John Drive At Cunningham Drive

Munie Road At Smelting Works Road

Olroyd Drive At Wood Duck Drive 1460 7-17-2006

Polo Run Drive At Bridle Lane

Rand Lane At Jared Drive 1424 7-5-2005

Renoir Avenue At Pascal Place 1459 7-17-2006

Renoir Avenue At Pasteur Lane 1459 7-17-2006

Renoir Avenue At Rodin Avenue 1459 7-17-2006

Steinberg Farm Road At Rand Lane

Steinberg Farm Road At William Lane

Tanbark Drive At Green Haven Drive

Timber Waters Court At Lake Lorraine Drive 148 Swansea - Traffic Code

Street Location Ord. No. Date Passed

Twin Lake At Huntwood Road

Whitfield Drive At Green Haven Drive

Woodridge Drive At Persimmon

Wood Duck Drive At Rand Lane 1460 7-17-2006

(C) Stop intersection locations.

Street Location Ord. No. Date Passed

Caseyville Avenue At crosswalk (north and south bound lanes), 50 feet south of Miller Lane

Huntwood Road (west and east At the west entrance of Wolf Branch Middle bound) School, 410 Huntwood Road

Shawn Drive At Kinsella Avenue

(Prior Code, § 11-303) Traffic Schedules 149

SCHEDULE IV. THROUGH STREETS AND STOP INTERSECTIONS.

(A) Except when directed otherwise by a police officer, the driver of any 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.

(B) Stop intersections at through streets are designated as follows.

Stop Street Through Street Ord. No. Date Passed

Abinger Place At Lyonshall Boulevard

Adam Drive (eastbound) At Abby Lane

Addiston Drive At Ramsfield Drive 1388 11-1-2004

Allen Drive (northbound) At Morgan Street

Ambrose Terrace Drive At Llewellyn Drive

Anna Rose Drive (southbound) At Jay Avenue

Anna Rose Drive (southbound) At Morgan Street

Anna Rose Drive (westbound) At North 16th Street

Anna Street (westbound) At North Illinois Street

Aragon Court At Renoir Avenue 1459 7-17-2006

Barbary Way At Dalton Drive

Barrett Drive (eastbound) At Smelting Works Road

Barrett Lake Drive (eastbound) At Smelting Works Road

Bassen Drive At Naughton Way 1459 7-17-2006

Beau-Gon Avenue (eastbound) At North Illinois Street

Beechmont Circle At Whispering Walk Way 1478 12-18-2006

Belle Street (eastbound) At North 15th Street

Belle Street (eastbound) At North 16th Street

Belle Street (westbound) At North 16th Street

Belle Street (westbound) At North 17th Street

Bennington Drive (northbound) At Green Haven Drive

Bettina Drive (southbound) At Lakeland Boulevard

Betty Jewell Court At Old Caseyville Road 1478 12-18-2006 150 Swansea - Traffic Code

Stop Street Through Street Ord. No. Date Passed

Biltmore Terrace (southbound) At Morgan Street

Biltmore Terrace (northbound) At North Belt West

Bond Avenue (westbound) At Kinsella Avenue

Botanical Drive (southbound) At Green Haven Drive

Boul Avenue (northbound) At North Belt West

Boulevard of the Chateaux At Munie Road

Bourdelais Drive (northbound) At Goldenrod Lane

Bourdelais Drive (southbound) At Goldenrod Lane

Brackett Street (eastbound) At Caseyville Avenue

Brackett Street (eastbound) At Kinsella Avenue

Brackett Street (eastbound) At North Illinois Street

Brackett Street (westbound) At Caseyville Avenue

Bronze Pointe Boulevard At North Illinois Street (eastbound)

Buckland Court At Scotsdale Drive 1478 12-18-2006

Calais Court (northbound) At Goldenrod Lane

Caroline Street (westbound) At North Illinois Street

Caroline Street (eastbound) At North Illinois Street

Caseyville Avenue (northbound) At North Belt West

Castle Court (southbound) At North Belt East

Castle Drive (northbound) At Maria Kay Drive

Castle Drive (westbound) At Castle Court

Catherine Court (eastbound) At Old Fullerton Road

Caulfield Drive At Redfield Drive 1388 11-1-2004

Charlton Place At Lyonshall Boulevard

Chesterfield Court At Rand Lane 1460 7-17-2006

Clara Street (eastbound) At Helen Street

Clifton Way Court At Bristol Hill Drive 1665 10-15-2012

Colby Court (northbound) At Fullerton Road

Colby Court (southbound) At Fullerton Road Traffic Schedules 151

Stop Street Through Street Ord. No. Date Passed

Comer Avenue (eastbound) At North 15th Street

Comer Avenue (eastbound) At North 16th Street

Copperton Drive At Biverton Drive 1388 11-1-2004

Creekside Drive Road At Old Collinsville Road

Crestwood Drive (westbound) At Big Bend Boulevard

Dalecrest Drive (westbound) At North 17th Street

Deerfield Court (eastbound) At Big Bend Boulevard

Deerfield Drive (westbound) At Big Bend Boulevard

Duncan Avenue (southbound) At Caseyville Avenue

Duncan Avenue (westbound) At Kinsella Avenue

Duncan Avenue (northbound) At Morgan Street

Duncan Avenue (southbound) At Morgan Street

Ednick Drive (eastbound) At North Illinois Street

Eiffel Boulevard At Munie Road 1459 7-17-2006

Englewood Drive (eastbound) At Caseyville Avenue

Executive Woods Court At North Illinois Street (westbound)

Fawn Meadows (southbound) At Lake Lorraine Drive

Fournie Drive (eastbound) At Mary Jo Drive

Fournie Drive (westbound) At Mary Jo Drive

Fullerton Court At Fullerton Road

Garden Street (eastbound) At North Illinois Street

Garden Street (northbound) At North Belt West

Garden Street (southbound) At North Belt West

Gebhardt (eastbound) At North Illinois Street

Gilbert Street (eastbound) At North Illinois Street

Goldenrod Lane (eastbound) At Botanical Drive 1667 11-5-2012

Green Haven Drive (eastbound) At North Illinois Street

Grimmig Road (westbound) At North Illinois Street

Grimmig Road At Smelting Works Road 152 Swansea - Traffic Code

Stop Street Through Street Ord. No. Date Passed

Heatherwood Drive (southbound) At Baron Drive

Helen Street (northbound) At North Belt East

Helen Street (southbound) At North Belt East

Helen Street (southbound) At Service Street

Iris Drive (westbound) At Kinsella Avenue

Jamestown Road (westbound) At North 17th Street

Jardin Drive (northbound) At Beau-Gon Avenue

Jared Drive At Rand Lane

Jay Avenue (eastbound) At Caseyville Avenue

Jay Avenue (eastbound) At North 16th Street

Jay Avenue (westbound) At North 16th Street

Jay Avenue (westbound) At North 17th Street

Joel Drive At Rand Lane

Josephine Drive (southbound) At North Belt East

Karin Drive (eastbound) At North 15th Street

Kendra Ann Drive (southbound) At Michael John Drive

Kendra Ann Drive (westbound) At Old Caseyville Road

Keswick Court (westbound) At Bridle Lane

Kings Court At Englewood Drive

Kingsbury Drive (westbound) At North 17th Street

Kinsella Avenue (southbound) At Caseyville Avenue

Kinsella Avenue (northbound) At Roger Street

Kinsella Avenue (northwest bound) At Caseyville Avenue

Lake Lorraine Drive (northbound) At Fawn Meadows

Lake Lorraine Drive At Hunters Point

Lake Lorraine Drive (eastbound, At Old Collinsville Road both)

Lakefront Drive (northbound) At Morgan Street

Lakeland Boulevard (eastbound) At North Illinois Street Traffic Schedules 153

Stop Street Through Street Ord. No. Date Passed

Leawood Drive (westbound) At Twin Lake Drive (near 525 Leawood)

Leighigh Court (westbound) At Big Bend Boulevard

Leighigh Drive (westbound) At Old Caseyville Road

Leighigh Drive (eastbound) At Big Bend Boulevard

Llewellyn Road (eastbound) At Old Caseyville Road

Llewellyn Road (westbound) At Sullivan Drive

Marilyn Avenue (southbound) At Caseyville Avenue

Marilyn Avenue (eastbound) At Kinsella Avenue

Marilyn Avenue (northbound) At Morgan Street

Marilyn Avenue (southbound) At Morgan Street

Martingale Court (westbound) At Bridle Lane

Melinda Court (northbound) At Britanna Drive

Meta Drive (westbound) At North 17th Street

MetroLink parking lot exit At Metro Way

Michael John Drive (northbound) At Kendra Ann Drive

Michael John Drive (westbound) At Whitfield Drive

Miller Lane (eastbound) At Caseyville Avenue

Miller Lane (westbound) At Kinsella Avenue

Moorgate Court At Huntrwood Road

Morgan Street (eastbound) At North Belt West

Morgan Street (westbound) At North 17th Street

Narrow Leaf Lane At Whispering Walk Way 1478 12-18-2006

Naughton Way At Barbary Way

North 15th Street (northbound) At Jay Avenue

North 15th Street (southbound) At Jay Avenue

North 15th Street (northbound) At Morgan Street

North 15th Street (southbound) At Morgan Street

North 15th Street (northbound) At North Belt West

North 16th Street (southbound) At Morgan Street 154 Swansea - Traffic Code

Stop Street Through Street Ord. No. Date Passed

North 16th Street (northbound) At North Belt West

North 1st Street (northbound) At Pawnee Drive

North 1st Street (southbound) At Pawnee Drive

North 1st Street (southbound) At West “J” Street

North 2nd Street (southbound) At West “J” Street

Old Fullerton Road (northbound) At Fullerton Road

Old Fullerton Road At Metro Way

Old Fullerton Road (eastbound) At North Illinois Street

Papillon Drive (northbound) At Beau-Gon Avenue

Papillon Drive (southbound) At Beau-Gon Avenue

Papillon Drive (southbound) At Jardin Court

Papillon Drive (northbound) At Jardin Court

Parkway Drive (westbound, both) At North Illinois Street

Pawnee Drive (eastbound) At North 2nd Street

Pawnee Drive (eastbound) At North Illinois Street

Pawnee Drive (westbound) At North 2nd Street

Pelham Point (westbound) At Bridle Lane

Penrose Drive (northbound) At Kingsbury Drive

Pensoneau Drive (westbound, both) At Caseyville Avenue

Persimmon Drive (southbound) At Fullerton Road

Philecia (southbound) At Bobbie Drive

Philecia Drive (northbound) At Marla Kay Drive

Pine Street (northbound) At Morgan Street

Polo Court (northbound) At Polo Run Drive

Polo Run Drive (westbound) At Old Caseyville Road

Ramsfield Drive At Redfield Drive 1388 11-1-2004

Ramsfield Drive At Smelting Works Road 1388 11-1-2004

Redcastle Place At Lyonshall Boulevard

Redfield Drive At Copperton Drive Traffic Schedules 155

Stop Street Through Street Ord. No. Date Passed

Renoir Avenue At Eiffel Boulevard 1459 7-17-2006

Roclare Drive (westbound) At Kinsella Avenue

Roger Avenue (westbound) At North 17th Street

Roger Street (eastbound) At North Belt West

Sarah Lane At Merganser Boulevard 1460 7-17-2006

Sarah Lane (northbound) At William Lane

Sarah Lane (southbound) At William Lane

Sawyer Court At Sarah Lane

Schae-Fries Drive (westbound) At Caseyville Avenue

Schulte Drive (northbound) At Gilbert Street

Scoter Court At Steinberg Farm Road 1460 7-17-2006

Scotsdale Drive At Huntrwood Road 1478 12-18-2006

Service Street (westbound) At North Illinois Street

Sheffield Court At Copperton Drive

Shireton Court At Biverton Drive

Short Street (southbound) At Gilbert Street

Smelting Works Road (northbound) At Drake Road

Smelting Works Road At Fullerton Road

Smelting Works Road (northbound) At McDonald Boulevard

Smelting Works Road (southbound) At McDonald Boulevard

Smelting Works Road (westbound) At North Illinois Street

Sosa Court At Rand Lane

St. Clair Lake Drive (westbound) At North 17th Street

St. James Drive (northbound) At Caseyville Avenue

St. Sabre Drive (northbound) At Beau-Gon Avenue

St. Sabre Drive (southbound) At Beau-Gon Avenue

St. Sabre Drive (northbound) At Goldenrod Lane

Switala Lane (southbound) At North Belt West

Thouvenot Lane Road At Old Collinsville Road 156 Swansea - Traffic Code

Stop Street Through Street Ord. No. Date Passed

Timberlake Drive (northbound) At Green Haven Drive

Twilight Drive (eastbound) At North Illinois Street

Urban Way (southbound) At Lakeland Boulevard 1667 11-5-2012

Viburnum Drive (northbound) At Bettina Drive and Big bend

Viburnum Drive (southbound) At Bettina Drive and Big Bend

Victoria Square Court (eastbound) At Bristol Hill Drive 1665 10-15-2012

Village Drive (northbound) At Lakeland Boulevard

Village Drive (southbound) At Green Haven Drive

Warwick Place At Lyonshall Boulevard

West “H” Street (eastbound) At Catawba Avenue

West “H” Street (westbound) At North 17th Street

West “J” Street (westbound) At North 17th Street

Western Avenue (northbound) At Gilbert Street

Western Avenue (southbound) At Gilbert Street

Westgate Drive (southbound) At Kingsbury Drive

Whitfield Drive (southbound) At Baron Drive

Wild Cherry Lane (northbound) At Pine Dale Drive

Wild Cherry Lane (southbound) At Pine Dale Drive

Winchester Court At Bristol Hill Drive 1665 10-15-2012

Windward Way Drive At Narrow Leaf Lane 1478 12-18-2006

Woodridge Drive (southbound) At Fullerton Road

(Prior Code, § 11-304) Traffic Schedules 157

SCHEDULE V. THROUGH STREETS AND YIELD RIGHT-OF-WAY INTERSECTIONS.

(A) Except when directed otherwise by a police officer, the driver of any vehicle approaching a yield sign shall in obedience to such sign, slow down to a speed reasonable for the existing conditions and, if required for safety, shall stop at a clearly marked stop line or, if none, then 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.

(B) Yield right-of-way intersections at through streets are designated as follows.

Yield Right-of-Way Through Street Ord. No. Date Passed

Abby Lane At Adam Drive 1368 4-19-2004

Adam Drive (northwest bound) At Woodview Drive

Adam Drive (southeast bound) At Woodridge Drive

Alhambra Court (eastbound) At Penrose Drive

Amber Meadows At Barteau Drive 1702 4-7-2014

Arbor Drive (eastbound) At Botanical Drive

Arbor Drive (westbound) At Big Bend Boulevard

Aspen Place (northbound) At Persimmon Drive

Aspen Place (southbound) At Pine Dale

Barrett Court (southbound) At Barrett Drive

Barrett Crossing (southbound) At Barrett Drive

Barrett Crossing (northbound) At Barrett Lake Drive

Brian Drive (northwest bound) At Mary Jo Drive

Brian Drive (southeast bound) At Mary Jo Drive

Castle Drive (southbound) At Philecia Drive

Castle Pines Court At Barteau Drive 1702 4-7-2014

Chavant Court (southbound) At Beau-Gon Avenue

Cheltenham Court At Arley Hill Drive 1665 10-15-2012

Colston Court At Bristol Hill Drive 1665 10-15-2012

Crestwood Drive (eastbound) At Big Bend Boulevard 158 Swansea - Traffic Code

Yield Right-of-Way Through Street Ord. No. Date Passed

Crestwood Drive (westbound) At Mimosa Avenue

Derbyshire Drive (eastbound) At Bobbie Drive

Derbyshire Drive (eastbound) At Mary Jo Drive

Derbyshire Drive (westbound) At Mary Jo Drive

Endicott Court At Naughton Way 1459 7-17-2006

Fieldcrest Drive (westbound) At Big Bend Boulevard

Fieldcrest Drive (eastbound) At Botanical Drive

Gaston Court At Bassen Drive 1459 7-17-2006

Goldeneye Court At Merganser Boulevard 1460 7-17-2006

Goldenrod Lane (Easbound) At Botanical Drive 1667 11-5-2012

Gundlach Avenue (westbound) At North 2nd Street

Harlequin Point At Wood Duck Drive 1460 7-17-2006

Harvest Lane (eastbound) At Botanical Drive

Harvest Lane (westbound) At Big Bend Boulevard

Hugo Court At Pasteur Lane 1459 7-17-2006

Jardin Court (southbound) At Beau-Gon Avenue

Josephine Drive (northbound) At Fournie Drive

Lombardi Court At Narrow Leaf Lane 1478 12-18-2006

Lotus Drive (eastbound) At Tanbark Drive (southbound)

Lotus Drive (southbound) At Twin Lake Drive

Lotus Drive (westbound) At Lotus Drive (southbound)

Mannington Court At Buckland Court 1478 12-18-2006

Marche Court (northbound) At Beau-Gon Avenue

Mary Jo Drive (southbound) At Fournie Drive

Melrose Court (northbound) At Thrush Lane

Midland Court (northbound) At Thrush Lane

Mimosa Avenue (southbound) At Homestead Avenue

Mimosa Avenue (eastbound) At Village Drive

Mustang Court At Appalossa Drive 1459 7-17-2006 Traffic Schedules 159

Yield Right-of-Way Through Street Ord. No. Date Passed

Northwood Drive (southbound) At Meta Drive

Persimmon Drive (westbound) At Woodridge Drive

Pine Dale Drive (eastbound) At Persimmon Drive

Pine Dale Drive (eastbound) At Woodridge Drive

Pine Dale Drive (westbound) At Woodridge Drive

Pine Dale Drive (northeast bound) At Woodridge Drive

Piney Court At Barteau Drive 1702 4-7-2014

Roan Court At Appalossa Drive 1459 7-17-2006

Roclare Drive (eastbound) At Duncan Avenue

Sawyer Court At Sarah Lane 1460 7-17-2006

Service Street (westbound) At North Illinois Street, Frontage Road

Shade Tree Court At Windward Way Drive 1478 12-18-2006

Short Street (northbound) At Brackett Drive

Shoveler Court At Sarah Lane 1460 7-17-2006

St. James Drive (southbound) At Ivo Drive

Swan Court At Wood Duck Drive 1460 7-17-2006

Tanbark Drive (westbound) At Tanbark Drive

Thistle Lane (eastbound) At Mimosa Avenue

Thistle Lane (westbound) At Big Bend Boulevard

Thorobread Court At Appalossa Drive 1459 7-17-2006

Thrush Lane (eastbound) At Lotus Drive

Thrush Lane (westbound) At Big Bend Boulevard

Timber Drive (southbound) At Bobbie Drive

Turnbridge Drive (southbound) At Bobbie Drive

Turnbridge Drive (northbound) At Mary Jo Drive

Turnbridge Drive (southbound) At Mary Jo Drive

Twin Lake Court (northbound) At Twin Lake Drive

Twin Lake Drive (westbound) At Lotus Drive (southbound)

Urban Way (southbound) At Big Bend Boulevard 160 Swansea - Traffic Code

Yield Right-of-Way Through Street Ord. No. Date Passed

Urban Way (northbound) At Lakeland Boulevard 1667 11-5-2012

Viburnum Drive At Lakeland Boulevard

Village Drive (southbound) At Bettina Drive

Weigela Court (westbound) At Bettina Drive

West “J” Street (eastbound) At Catawba Avenue

Westgate Drive (northbound) At Meta Drive

Westwick Court Drive At Scotsdale Drive 1478 12-18-2006

Westwind Drive (westbound) At Tanbark Drive

Westwind Drive (eastbound) At Timberlake Drive

Woodview Drive (northbound) At Adam Drive

(Prior Code, § 11-305)

Traffic Schedules 161

SCHEDULE VI. LOAD LIMIT STREETS.

(A) Except for local delivery, pick-up, and when used as a conveyance to and fro a local residence, no person shall operate a motor vehicle in excess of five tons upon any street within the village.

(B) Except for local delivery or pick-up, no parking of any vehicle over five tons on any village street will be permitted.

(C) Buses used for purposes of public transportation, or for the transportation of students to and from school, are specifically exempt from the provisions of this section.

162 Swansea - Traffic Code

Traffic Schedules 163

SCHEDULE VII. ONE-WAY STREETS AND ALLEYS.

Except when directed otherwise by a police officer, no person shall operate a motor vehicle in any direction other than that so indicated, on any street or alley designated as a one-way street or alley. One-way streets and alleys are designated as follows: Pensoneau Drive. (Prior Code, § 11-307) 164 Swansea - Traffic Code

Traffic Schedules 165

SCHEDULE VIII. NO U-TURN ZONES.

Except when directed otherwise by a police officer, no driver of any motor vehicle shall make a U-turn in any area designated as a no U-turn zone. No U-turn zones are designated as follows.

Location Direction

Intersection of Illinois Route 161 (North Belt West) and Morgan Street Either direction

On Illinois Route 161 (North Belt West), 465 feet east of Morgan Street Either direction

(Prior Code, § 11-308)

166 Swansea - Traffic Code

Traffic Schedules 167

SCHEDULE IX. SPEED LIMIT ZONES.

Within the village, no person shall operate a motor vehicle upon any street at a speed greater than 25 mph or upon an alley at a speed greater than 15 mph, unless the speed limit is otherwise posted. Upon the basis of engineering or traffic investigation, the following areas are designated as reduced speed limit zones.

(A) Twenty mph speed limit zones.

Street Location

Abby Lane For its entire length within the village

Adam Drive For its entire length within the village

Bobbie Drive Between Castle Court and Britanna Drive

Brian Drive For its entire length within the village

Britanna Drive Between Bobbie Drive and Mary Jo Drive

Caseyville Avenue Between Kinsella Avenue and Gilbert Street

Castle Court Between North Belt East and Fournie Drive

Castle Drive Between Castle Drive and Marla Kay Drive

Derbyshire Between Bobbie Drive and Mary Jo Drive

Gilbert Street Between Schulte Drive and Western Avenue

Josephine Drive Between North Belt East and Fournie Drive

Kenwood Drive Between Kingsbury and Western Avenue

Kingsbury Drive Between North 17th Street and Kenwood Drive

Marla Kay Drive Between Bobbie Drive and Castellano Drive

Mary Jo Drive Between Fournie Drive and Britanna Drive

Philecia Drive Between Castle Drive and Marla Kay Drive

Twin Lake Drive Between Leawood Drive and Huntwood Drive

Woodview Drive For its entire length within the village

(B) Ten mph speed limit zones.

Street Location

Miller Lane Between Kinsella Avenue and Caseyville Avenue

(Prior Code, § 11-309) 168 Swansea - Traffic Code

Traffic Schedules 169

SCHEDULE X. SCHOOL SPEED ZONES.

Within the village, no person shall operate any motor vehicle at a speed greater than 20 mph, between 7:00 a.m. and 4:00 p.m. on any school day when children are present, in any designated school speed zone, listed as follows.

Street Location

Boul Avenue From the intersection at Morgan Street to approximately 600 feet southeast of that intersection

Huntwood Road Between Hunt Drive and Oldy Caseyville Road 170 Swansea - Traffic Code

Traffic Schedules 171

SCHEDULE XI. PEDESTRIAN CROSSWALKS.

Within the village, pedestrian crosswalks are designated as follows.

Location (Across) Location (At)

Big Bend Boulevard At Twin Lake Drive

Boul Avenue At Morgan Street

Caseyville Avenue 50 feet south of Miller Lane

Huntwood Road At Huntwood Court

Twin Lake Drive At Big Bend Boulevard

Twin Lake Drive At the entrance to the parking of Wolf Branch Elementary School

(Prior Code, § 11-315)

172 Swansea - Traffic Code

CHAPTER 78: PARKING SCHEDULES

Schedule

I. No parking zones II. Fire lanes III. Loading zones IV. Snow routes Cross-reference: Posting signs, see § 70.042

SCHEDULE I. NO PARKING ZONES.

Within the village, no person shall park a motor vehicle at any time within any designated no parking zone, listed as follows.

Street Side(s) Location Ord. No. Date Passed

Alleyway Between North Illinois Street and North 1st Street from Gilbert Street to Brackett Street

Anna Street North Within 50 feet of the intersection with North Illinois Street

Big Bend Boulevard West Southward from Goldenrod Lane to Leighigh Drive, but specifically limited to no parking on school days, between the hours 7:30 a.m. and 8:30 a.m., and between the hours of 2:30 p.m. and 4:00 p.m.

Big Bend Boulevard From the northern most property line of 533 Big Bend Boulevard southward to its terminus

Bobbie Drive North For a distance of 115 feet east of Castle Drive

Bobbie Drive North From the eastern most boundary of 105 Bobbie Drive to the intersection of Castle Drive

173 174 Swansea - Traffic Code

Street Side(s) Location Ord. No. Date Passed

Brackett Street Either Between North Illinois Street and North 1st Street

Caseyville Avenue Either From Gilbert Street to Kinsella Avenue 1454, 1755 6-5-2006, 7- 5-2016

Caseyville Avenue Either From Kinsella Avenue to North Belt West 1454 6-5-2006

Castellano Drive West Between Marcella Drive and Marla Kay Drive

Catawba Avenue Either Between West “J” Street and West “H” Street

Duncan Avenue East Commencing at a point 600 feet north of Caseyville Avenue for a distance of 232 feet north

Duncan Avenue West Commencing at a point 490 feet south of Morgan for a distance of 20 feet south

Ednick Drive North and Starting at the intersection of Route 159 south and continuing westward for a distance of approximately 150 feet

Englewood Drive West Beginning at a point 170 feet from its intersection with Caseyville Avenue, southward to its terminus

Frontage Road East Route 159 between Service Street and Anna Street

Fullerton Court West In front of 416 Fullerton Court

Fullerton Road Either Between Smelting Works Road and Illinois Route 159

Garden Street Either Between North Illinois Street and North Belt West

Gilbert Street North From the intersection with Short Street, westwards to Kenwood Drive

Gilbert Street Either Extending for a distance of 60 feet west from Illinois Route 159

Grimmig Road Either Between Illinois Route 159 to Smelting Works Road

Gundlach Place North and Between 1st Street and 2nd Street south

Helen Street East For a distance of 180 feet north of the 1761 9-6-2016 northern right-of-way line of Clara Street Parking Schedules 175

Street Side(s) Location Ord. No. Date Passed

Helen Street West For a distance of 140 feet south of the 1761 9-6-2016 southern right-of-way line of Anna Street

Huntwood Road Either Between Sullivan Drive and Old Caseyville 1714 12-15-2014 Road

Jamestown Road Either

Jay Avenue Either 140 feet from the centerline intersection with Anna Rose Drive, for a distance of 80 feet

Johanna Place East For its entire length within the village

Josephine Drive Either For its entire length within the village

Kinsella Avenue West Between 1631 and 1617 Kinsella Avenue

Kinsella Avenue Either From the northernmost boundary of 1021 Kinsella Avenue to West “H” Street

Lakeland Boulevard Either Extending for 160 feet from Illinois Route 1424 7-6-2005 159

Leawood Drive Either From the eastern most property line of 536 Leawood Drive westward to its terminus

Lindenwood Drive North From Westage to the cul-de-sac 1424 7-6-2005

Llewellyn Drive Either Between Old Caseyville Road to Sullivan Drive

Llewellyn Drive Either Between Sullivan Drive to Frank Scott Parkway

Llewellyn Drive Either Between Frank Scott Parkway to village limits

Llewellyn Road Either Westward from Old Caseyville Road to the 1384, 1387 9-20-2004, corporate limits of the village 11-1-2004

Marcella Drive North For a distance in an easterly direction of 67 feet from Castellano Drive

Mary Jo Drive Northwest Within 60 feet of the intersection with Castellano Drive

Mary Jo Drive West For a distance of 96 feet south of Marcella Drive

Metro Way North and From Illinois Route 159 to the T- south intersection

Metro Way West To Old Fullerton Road 176 Swansea - Traffic Code

Street Side(s) Location Ord. No. Date Passed

Metro Way East From Old Fullerton Road to Fullerton Road

Metro Way West From Catherine Court to Fullerton Road

Miller Lane Either Between Caseyville Avenue and Kinsella Avenue

Morgan Street Either For its entire length within the village

Munie Road Either Between Smelting Works Road and Old Collinsville Road

North 1st Street East North of Pawnee Drive

North 15th Street Either For a distance of 80 feet south of North Belt West

Old Caseyville Road Either Between Polo Run and Jardin Court

Old Fullerton Road South Beginning at a point 830 from its intersection with Fullerton Road, eastward to the intersection with North Illinois Street

Penny Rose Either

Penrose Drive Either Between Kingsbury Drive and West “J” Street

Philecia Northeast Between Bobbie Drive and Castle Drive

Schae-Fries Drive Either For its entire length within the village

Schobert Drive Either For its entire length within the village

Service Street Either Between Helen Street and North Illinois Street

Smelting Works Road Either Between Illinois Route 159 and Drake Road

Twin Lake Drive East From the property line between 112 Twin Lake Drive and 116 Twin Lake Drive, northward and eastward to the intersection with Twin Lake Court

Twin Lake Drive West Starting at the intersection of Huntwood Drive, continuing northward to the intersection of Leawood Drive

West “H” Street Either From Kinsella Avenue to the eastern most boundary of 741 West “H” Street Parking Schedules 177

Street Side(s) Location Ord. No. Date Passed

West Pointe Court 1454 6-5-2006

West Pointe Drive 1454 6-5-2006

(Prior Code, § 11-311) 178 Swansea - Traffic Code

Parking Schedules 179

SCHEDULE II. FIRE LANES.

Within the village, no person shall park a motor vehicle at any time within any designated fire lane, listed as follows.

Street Side(s) Location

Bobbie Drive Southeast Between Castle Drive and Derbyshire Drive

Caroline Street North Westward to the intersection with Garden Street

Castle Court Either Except for the north side of Castle Court from the east end of Castle Court to Fournie Drive

Castle Drive Either Between Castle Court and Bobbie Drive

Englewood Drive South From Caseyville Avenue in a westerly direction for 170 feet

Erwin Drive East North from Meta Drive to the end of Erwin Drive

Executive Woods Drive South and southwest and on all sides of the cul-de- sac

Garden Street East Northward to the intersection with North Belt West

Kings Court North and south For 100 feet east from its intersection with Englewood

Marla Kay Drive Northeast From Castellano Drive to Mary Jo Drive

Mary Jo Drive Southeast Between Marla Kay Drive and Marcella Drive

Meta Drive South East from Westgate and around the cul-de-sac

Meta Drive North West from the end of the cul-de-sac to Erwin Drive

Old Fullerton Road North Between North Illinois Street and 300 Old Fullerton Road

Shawn Drive North From Kinsella Avenue westwards to its terminus

West Belle Street North Between 15th Street and 16th Street

(Prior Code, § 11-312)

180 Swansea - Traffic Code

Parking Schedules 181

SCHEDULE III. LOADING ZONES.

Within the village, no person shall park a motor vehicle at any time, within any designated loading zone, listed as follows, except for the authorized loading or unloading of merchandise or materials.

None designated. 182 Swansea - Traffic Code 183

Parking Schedules 183

SCHEDULE IV. SNOW ROUTES.

(A) Within the village, whenever there is an accumulation of three inches or more of snow, no person, firm or corporation shall park, or allow any motor vehicle to remain parked, on any designated snow route for a period of 24 hours following said accumulation, or until said route has been sufficiently cleared of snow.

(B) Snow routes are designated as follows.

Street Location

Beau-Gon Avenue For its complete length within the municipal limits

Bettina Drive From Lakeland Boulevard to Big Bend Boulevard

Big Bend Boulevard From Bettina Drive to Leawood Drive

Bobbie Drive From Castle Drive to Brian Drive

Brian Drive From Bobbie Drive to Mary Jo Drive

Caseyville Avenue From Gilbert Street to North Belt West

Castle Court From Route 161 to Castle Drive

Castle Drive From Castle Court to Bobbie Drive

Creekside Court To Creekside Drive to Old Collinsville Road

Fawn Meadows To Lake Lorraine Drive to Old Collinsville Road

Fournie Drive From Mary Jo Drive to Josephine Drive

Fullerton Road From Route 161 to Route 159

Gilbert Street From North Illinois Street to Kenwood Drive

Green Haven Drive From Route 159 to the western village limits

Huntwood Road From Route 159 to the western village limits

Josephine Drive From Fournie Drive to Route 161

Kenwood Drive From Gilbert Street to Kingsbury Drive

Kingsbury Drive From Kenwood Drive to North 17th Street

Kinsella Avenue From West “H” Street to Caseyville Avenue

Lakeland Boulevard From Route 159 to Bettina Drive

Leawood Drive From Big Bend Boulevard to Twin Lake Drive

Lyonshall Boulevard From Old Collinsville Road to Smelting Works Road

Mary Jo Drive From Brian Drive to Fournie Drive 184 Swansea - Traffic Code

Street Location

Morgan Street From 17th Street to Route 161

Old Collinsville Road To Lake Lorraine Drive to Fawn Meadows

Polo Run To Old Caseyville Road

Rand Lane From Old Collinsville Road to Steinberg Farm Road

Roger Street From 17th Street to Route 161

Smelting Works Road From North Illinois Street to Drake Road for those portions with the municipal limits

Steinberg Farm Road From Rand Lane to William Lane

Twin Lake Drive From Leawood Drive to Huntwood Road

William Lane From Old Collinsville Road to Steinberg Farm Road