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Whenever the following terms are used in this section, they shall have the meanings ascribed to them set forth in this section:
BUSINESS DISTRICT. Streets in the Business District consisting of Mulberry Street between Church Street and Arch Street, Chestnut Street between Church Street and the Illinois Central Gulf Railroad tracks, Church Street between Chestnut Street and Walnut Street, and Market Street between Chestnut Street and Walnut Street.
CROSSWALK. That portion of a roadway ordinarily included within the prolongation or extension of curb and property lines at intersections or any other portion of a roadway clearly indicated for pedestrian crossing by lines or other markings on the surface.
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.
MOTOR VEHICLE. Every vehicle which is self-propelled.
PARK OR PARKING. The standing of a vehicle whether, occupied or not, otherwise than when temporarily and actually engaged in the loading or unloading of merchandise or passengers.
PARKWAY. That portion of a street between the property line and the roadway not used for sidewalks.
PROPERTY LINE. The line marking the boundary between any street and the lots or property abutting thereon.
ROADWAY. That portion of a street or highway between the regularly established curb lines or, on streets on which curbs have not been constructed, that part of a street improved and intended to be used for vehicular travel.
STAND OR STANDING. The halting of a vehicle, whether occupied or not, otherwise than when temporarily and actually engaged in receiving or discharging passengers.
STREET OR HIGHWAY. The entire width between property lines of every way or place whatever nature when any part thereof is open to the use of the public, as a matter of right, for the purpose of vehicular traffic.
VEHICLE. Every device in, upon or by which any person or property is or may be transported or drawn upon a highway except devices moved by human power or used exclusively upon stationary rails or tracks.
(B) It shall be unlawful for any person to permit any vehicle to stand at any time in any of the following places, except when necessary to avoid conflict with other traffic, or in compliance with the directions of a policeman or traffic-control device:
(1) In any intersection.
(2) In a crosswalk.
(3) Within 30 feet of a traffic signal or sign on the approaching side.
(4) Within 20 feet of any intersection or crosswalk.
(5) Within 15 feet of a fire hydrant.
(6) At any place where the vehicle would block the use of a driveway.
(7) On any sidewalk or parkway.
(8) At any place where official signs prohibit parking.
(C) It shall be unlawful to park any vehicle at any time in any of the following places except in compliance with the direction of a police officer:
(1) In any intersection.
(2) In a crosswalk.
(3) On any sidewalk or parkway.
(4) At any place where the vehicle would block the use of a driveway.
(5) Within 40 feet of a traffic signal or sign on the approaching side.
(6) Within 30 feet of any intersection or crosswalk
(7) Within 25 feet of a fire hydrant.
(8) At any place where official signs prohibit parking.
(10) Any vehicle at any time on either side of Illinois State Route 4, also known as Main Street, or on Walnut Street, formerly known as County Highway 40.
(D) Either side, both sides, or any portion of any street may be designated as a restricted parking district by the Village Board and any such restrictions shall be effective for the time as may be designated by appropriate signs designating the effective time of day of the parking restriction, as well as the duration of time that parking is allowed. The designation shall be evidenced by signs or legends or notices on or near the curbing of the streets or portions thereof where such restriction is to be effective.
(E) No vehicle shall be parked for any period of time in excess of the time posted on the officially erected sign or legend or notice effective for the parking space for which it is erected during the effective time thereof.
(F) (1) No person shall park a truck, except those licensed by the State of Illinois with a B license classification (8,000 lbs or less), a bus having a rated seating capacity of 12 or more passengers, farm equipment, construction equipment, trailers or semitrailers on any public street within the village, for a period of four consecutive hours or more.
(2) No person shall park a utility trailer, recreational vehicles or trailers, boats or boat trailers on any public street within the village, for a period of four consecutive hours or more.
(G) No person shall park a motor vehicle on private property without the consent of the owner of the private property.
(H) Except for those streets in the business district where provision for diagonal or angle parking has been made, no vehicle shall be parked along any street other than parallel with the street or curb and headed in the direction of traffic, with the curbside wheels of the vehicle within six inches of the edge of the roadway. In no event shall a vehicle be parked headed against the direction of traffic.
(I) It shall be unlawful to park any vehicle upon any street for the purpose of displaying it for sale, or to park any vehicle upon any street from which vehicle merchandise is peddled.
(J) In addition to the general restrictions, limitations, and requirements of this section pertaining to all of the streets and thoroughfares of the village, the parking of vehicles may be prohibited at all times, or between certain hours, on any street or portion of any street when such parking may impede the free flow of traffic on such street or create a hazardous condition. In such case appropriate signs shall be erected and maintained giving notice of such parking prohibition. No person shall park a vehicle during the time prohibited at places so indicated by official signs.
(K) No vehicle shall be parked for any period of time in excess of the time posted on the officially erected sign or legend or notice effective for the parking space for which it is erected during the effective time thereof.
(L) The Police Department is hereby authorized to remove and tow away or cause to have removed and towed away by any commercial towing service any vehicle unlawfully parked in any place where such parked vehicle creates or constitutes a traffic hazard, blocks the use of fee hydrant or obstructs the movement of any emergency vehicle, or any vehicle which has been parked in any public street or any public place in violation of any provision of this section. Vehicles towed shall either be removed to the municipal building lot or to the place of business of the commercial towing company, which shall be known as the vehicle pound. In addition to any fine provided herein, the owner of any vehicle so towed shall pay the costs of towing and storage upon retrieval of his or her vehicle.
(M) In all cases of parking violations, the registered owner of the vehicle at the time of the violation, as well as the vehicle itself and the actual operator thereof, shall be presumed to be a violator.
(N) A vehicle parked or occupying any portion of any street or thoroughfare in violation of the terms of this section is hereby declared to be a nuisance which shall be abated by any police officer by impounding such vehicle, either by placing a traffic violation notice or citation thereon which shall indicate the nature of the violation, or by placing such notice thereon and removing and conveying such vehicle to a vehicle pound. A vehicle pound is declared to be any suitable place designated by the Police Department as a vehicle pound.
(O) Every police office issuing a traffic violation notice or citation shall, by appropriate mark or symbol, identify himself or herself on such notice as the officer issuing the same, and shall retain and cause to be filed in the office of the Clerk or of the Village Administrator, a duplicate of such traffic violation notice. The traffic violation notice or citation itself shall be left with the owner or operator of the vehicle if known, or placed in or affixed to the vehicle if the owner or operator is not present.
(P) The owner or authorized operator of any impounded vehicle may have the vehicle removed from impoundment by paying the penalties imposed by this section. If for such violation as an impounding fee plus all costs and expenses that have been incurred for the towage and storage of such vehicle, plus all impounding fees, towage and storage charges which have theretofore accrued against such vehicle during the time of his or her ownership thereof.
(Q) The owner or driver of any vehicle issued a traffic notice, or citation for violating any of the provisions of this section may avoid prosecution for such violation by paying within seven days of the time of the issuance of such notice or citation at the Village Hall the sum of $15 in addition to any towage, storage, or impounding fees or charges, if any, and by surrendering to the Village Clerk or his or her designee the traffic violation notice or citation delivered to him or her or placed upon such vehicle, after indicating thereon his or her name, street address, and place of residence. If such owner or driver fails to pay the designated amount within seven days of such violation, he or she may thereafter avoid prosecution of the violation only by paying the sum of $30.
(R) The Village Clerk or his or her designee, upon receipt of the payment of any sum of money by a violator charged with violating any provision of this section, shall issue to such person a receipt therefore, on an official receipt form of the village, bearing the signature of the person receiving the fine on behalf of the village, and the date of its payment. A duplicate receipt, together with the money paid to village shall be delivered to the village treasurer who shall credit the funds to the appropriate fund of the village.
(S) The owner or driver of any vehicle charged with violating any term of this section who shall fail to pay the provided hereinabove to avoid prosecution for his offense when a traffic violation or citation has been issued, shall be prosecuted for violating this section, and shall be punished by a fine of not less than $25 nor more than $200 for a single offense.
(Ord. 71-5, passed 10-21-71; Ord. 97-04, passed 3-11-97; Am. Ord. 99-20, passed 5-11-99) Penalty, see § 70.99