(A) For the purpose of this section, SCHOOL means the following entities:
(1) A public or private primary or secondary school/
(2) A primary or secondary school operated by a religious institution;
(3) A public, private, or religious nursery school.
(B) For the purpose of this section, a SCHOOL DAY begins at 6:30 a.m. and concludes at 4:00 p.m.
(C) 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 miles per hour while passing a school zone, or while traveling on a local, county, or state roadway on public school property or upon any public thoroughfare where children pass going to and from school.
(D) This section shall not be applicable unless appropriate signs are posted upon streets 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.
(E) 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.
(F) (1) Except as provided in division (F)(2), a person who violates this section is guilty of is a petty offense. Violations of this section are punishable with a minimum fine of $150 for the first violation, a minimum fine of $300 for the second or subsequent violation, and community service in an amount determined by the court.
(2) A person committing a violation of this section is guilty of aggravated special speed limit while passing schools when he or she drives a motor vehicle at a speed that is:
(a) Twenty-fix miles per hour or more by less than 35 miles per hours in excess of the applicable speed limit established under this section or a similar provision of a local ordinance and is guilty of a Class B misdemeanor.
(b) Thirty-five miles per hour or more in excess of the applicable speed limit established under this section or a similar provision of a local ordinance and is guilty of a Class A misdemeanor.
(G) (1) When a fine for a violation of this section is $150 or greater, the person who violates the section 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.
(2) For purposes of this section, SCHOOL SAFETY PURPOSES include the costs associated with school zone safety education, the Safe Routes to School Program under Section 2705-317 of the Department of Transportation Law of the Civil Administrative Code of Illinois, safety programs within the School Safety and Educational Improvement Block Grant Program under ILCS Ch. 105, Act 5, § 2-3.51.5, and the purchase, installation, and maintenance of caution lights which are mounted on school speed zone signs.
(ILCS Ch. 625, Act 5, § 11-605) (`95 Code, § 71.002) Penalty, see § 70.99