9-12-045 Shared street program.

   (a)   Definitions. For purposes of this section, the following definitions shall apply:

   "Shared street program" means the shared street program established pursuant to this section.

   "Shared street" means a public right-of-way which can be shared at the same time by pedestrians, bicyclists, motor vehicles and other legal conveyances, and where pedestrians have the right-of-way over all other traffic.

   (b)   Authorization. The commissioner is authorized to establish a shared street program on the following roadway:

 

Roadway	Segment		Coordinates
	From	To	From	To
Argyle Street	Broadway	Sheridan Road	1200 W	1000 W

 

   (c)   Rules. Notwithstanding any other provision of law to the contrary, the following rules shall apply in a shared street:

      (1)   Pedestrians may enter, walk along or cross a shared street at any time or point. Nothing provided in this subsection shall relieve a pedestrian from the duty of exercising due care.

      (2)   Pedestrians entering or within a shared street shall have the right-of-way over vehicles, bicycles or other traffic. The operator of a vehicle shall stop and yield the right-of-way to a pedestrian within a shared street 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.

      (3)   The operator of a vehicle or bicyclist approaching an intersection within a shared street shall yield the right-of-way to a vehicle or bicycle which has entered the intersection from a different roadway.

      (4)   Subject to Section 9-24-020, when two vehicles or bicycles enter an intersection from different streets at approximately the same time, the operator of the vehicle or bicyclist on the left shall yield the right-of-way to the vehicle or bicyclist on the right.

   (d)   Signs and markings. The commissioner is authorized to add or remove signs and markings, as needed, within or near a shared street in order to implement the shared street program. All traffic-control signs and markings shall conform to the Manual on Uniform Traffic Control Devices.

(Added Coun. J. 7-20-16, p. 28867, § 1; Amend Coun. J. 10-16-19, p. 7300, § 1)

9-12-050 Traffic lanes.

   (a)   The commissioner of transportation, subject to the review and approval of the executive director of emergency management and communications where appropriate, is hereby authorized to mark traffic lanes upon the roadway where in his judgment a regular alignment of traffic is necessary.

   (b)   Where traffic lanes have been marked to preserve a regular alignment of traffic, it shall be unlawful for the driver of any vehicle to fail or refuse to keep his vehicle within the designated boundaries of any such lane except when lawfully passing another vehicle.

(Added Coun. J. 7-12-90, p. 18634; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 12-7-05, p. 64870, § 1.9)

9-12-060 Bus lanes.

   (a)   The commissioner of transportation, subject to the review and approval of the executive director of emergency management and communications, is hereby authorized to designate portions of the roadway as bus lanes where in his judgment a separation of traffic is necessary to expedite the flow of traffic and shall indicate such designated lanes and the type of bus authorized to use them with appropriate signs or markings.

   (b)   When a bus lane is designated and indicated by appropriate signs or markings, it shall be unlawful for any vehicle other than an authorized bus or a vehicle servicing a bus to enter or use such lane, except when making a right hand turn, or to access a driveway or other allowable curbside parking or loading location.

(Added Coun. J. 7-12-90, p. 18634; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 7-29-03, p. 6166, § 1; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 4-15-15, p. 106130, § 8)

9-12-070 Speed limits.

   (a)   The provisions of Section 11-601 of the Illinois Vehicle Code shall be applicable on all streets within and under the jurisdiction of the city. The absolute statutory urban speed limit shall be 30 miles per hour in streets and 15 miles per hour in alleys. The absolute statutory nonurban speed limit shall be 55 miles per hour. In addition to any fines or other penalties provided by statute or by this Code, any person found operating a vehicle in excess of the limits stated herein shall be subject to a fine of not less than $200.00 nor more than $300.00 for the first offense, and not less than $300.00 nor more than $500.00 for the second offense, and not less than $500.00 nor more than $1,000.00 for the third and each subsequent offense within a given three-year period. A person violating this section shall also be subject to the community service requirements imposed by Section 1-4-120 of the Code. A person whose violation of this section results in a fatality may be subject to the imposition of felony charges by the state's attorney.

   (b)   Where the commissioner of transportation has determined on the basis of an engineering or traffic investigation that the statutory speed limits are greater or less than is reasonable or safe with respect to the conditions found to exist along any part of any roadway, the urban speed limits may be increased, but not in excess of 55 miles per hour, and may be diminished, but not to less than 20 miles per hour, and the nonurban speed limit may be diminished, but not to less than 35 miles per hour, when such determination is approved by an ordinance of the city council. Such ordinance altering speed limits shall be enforceable when appropriate signs giving notice of the limit are erected at the proper places along the affected roadway or highway or part thereof.

(Added Coun. J. 7-12-90, p. 18634; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 10-28-97, p. 54842; Amend Coun. J. 11-19-97, p. 57859; Amend Coun. J. 11-6-02, p. 96501, § 3; Amend Coun. J. 12-4-02, p. 100729, § 3; Amend Coun. J. 4-26-06, p. 75398, § 1)

9-12-075 School safety zones.

   (a)   For the purpose of this section, "school" means any of 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.

   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 upon any public thoroughfare where children pass going to and from school. For the purposes of this section a school day shall begin at 7:00 a.m. and shall conclude at 4:00 p.m.

   This section shall not be applicable unless appropriate signs are posted, giving 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. Signs shall be in a form similar to signs posted for similar purposes pursuant to the Illinois Vehicle Code. School zones created prior to the effective date of this section and in compliance with the Illinois Vehicle Code shall be considered school zones for purposes of this section.

   (b)   Any person who violates subsection (a) of this section shall be subject to a fine of not less than $500.00 nor more than $1,000.00. A person violating this section shall also be subject to the community service requirements imposed by Section 1-4-120 of the Code. A person whose violation of this section results in a fatality may be subject to the imposition of felony charges by the state's attorney.

(Added Coun. J. 7-25-01, p. 65077, § 1; Amend Coun. J. 4-26-06, p. 75398, § 1)

9-12-077 Park and playground safety zones.

   (a)   For purposes of this section, the term "park zone street" shall mean that portion of any street or intersection designated pursuant to Section 11-605.3 of the Illinois Vehicle Code, codified at 625 ILCS 5/11-605.3, as amended. Except as otherwise specifically provided by this section, the provisions of Section 11-605.3 shall apply to the designation and administration of park zone streets.

   (b)   On any day when children are present and within 50 feet of motorized traffic, a person may not drive a motor vehicle at a speed in excess of 20 miles per hour while traveling on a park zone street that has been designated for the posted reduced speed.

   (c)   On any day when children are present and within 50 feet of motorized traffic, any driver traveling on a park zone street who fails to come to a complete stop at a stop sign or red light, including a driver who fails to come to a complete stop at a red light before turning right onto a park zone street, is in violation of this section.

   (d)   Any person who violates this section shall be subject to a fine of not less than $500.00 nor more than $1,000.00. A person violating this section shall also be subject to the community service requirements imposed by Section 1-4-120 of the Code. A person whose violation of this section results in a fatality may be subject to the imposition of felony charges by the state's attorney.

(Added Coun. J. 4-26-06, p. 75398, § 2)

9-12-080 Minimum speed regulations.

   No person shall drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation of his vehicle or in compliance with law.

(Added Coun. J. 7-12-90, p. 18634)

9-12-090 Drag racing.

   (a)   No person who operates a motor vehicle shall engage in drag racing, as defined in Section 9-4-010, on any street, highway or other public way within the City. ln addition to any other penalty provided by law, any person who violates this section shall be subject to a fine of not less than $5,000.00 nor more than $10,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense.

   (b)   The owner of record of the motor vehicle used in the violation of this section shall be subject an administrative penalty of $500 plus any towing and storage fees applicable under Section 9-92-080. Any such motor vehicle shall be subject to seizure and impoundment pursuant to this section.

   (c)   Whenever a police officer who is present at the time of the alleged violation has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this section, the police officer shall provide for the towing of the vehicle to a facility controlled by the City or its agents. Before or at the time the vehicle is towed, the police officer shall notify any person identifying himself as the owner of the vehicle at the time of the alleged violation or the person who is found to be in control of the vehicle at the time of the alleged violation, if there is such person, of the fact of the seizure and of the vehicle owner's right to request a vehicle impoundment hearing to be conducted under Section 2-14-132 of this Code by serving such person with a copy of the vehicle impoundment seizure report.

   (d)   Section 2-14-132 shall apply whenever a motor vehicle is seized and impounded pursuant to this section.

(Added Coun. J. 9-4-03, p. 7167, § 1; Amend Coun. J. 12-7-05, p. 64870, § 1.8; Amend Coun. J. 11-16-11, p. 14596, Art. I, § 1; Amend Coun. J. 7-24-19, p. 2674, § 2; Amend Coun. J. 7-22-20, p. 18957, § 6; Amend Coun. J. 7-20-22, p. 50827, § 2)

9-12-095 Authority to impound vehicles previously used in a drag racing violation.

   (a)   A police officer may seize and impound a vehicle previously used in violation of Section 9-12-090 when the operator or owner of the vehicle is not present, provided that the requirements of this section are met. Before any seizure or impoundment under this section, the Department of Police shall send to the owner of record of the vehicle to be seized and impounded, either by first class mail or by messenger to the address of the owner of record as indicated in state registration records, a notice of intent to seize and impound the vehicle that includes: (i) a statement that an operator of the vehicle violated Section 9-12-090 by engaging in drag racing as defined in Section 9-4-010; (ii) the date, approximate time and approximate location of the alleged violation; (iii) a description of the vehicle, including the vehicle make and color, and the vehicle's license plate number with the issuing state; and (iv) the owner's opportunity to contest eligibility for impoundment. A copy of the notice shall be forwarded to the Department of Administrative Hearings. A notice is presumed to be delivered upon being deposited with the United States Postal Service with proper postage affixed.

   (b)   An owner of record who receives a notice pursuant to this section may contest eligibility for impoundment by written request delivered to the Department of Administrative Hearings, postmarked within 14 days after the delivery of the notice. The Department of Administrative Hearings shall set a date for a hearing on the eligibility of the vehicle for impoundment, and shall notify the owner of the date, time, and place of the hearing. The hearing date must be no more than 30 days after a request for a hearing has been filed. At the hearing the Department's evidence of probable cause shall be considered prima facie correct. In order to disprove the vehicle's eligibility for impoundment, the owner of record must prove that:

      (1)   at the time and date of the alleged violation as described in the notice, the described vehicle was not operated within the City; or

      (2)   the 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; or

      (3)   the license information described in the report does not match the listed make of the described vehicle.

   If the owner of record prevails, the notice of intent to impound the owner's vehicle shall be withdrawn and the vehicle shall not be eligible for impoundment under this section.

   (c)   If a vehicle owner receives a notice pursuant to this subsection and: (i) fails to contest eligibility; or (ii) does not prevail in the contest of eligibility, the vehicle described in the notice shall be eligible for impoundment if found on the public wav within 12 months following the conclusion of the contest, if a contest was requested, or following the last date to request a contest, if none was requested. Provided, however, if the owner of the vehicle that is eligible for impoundment under this subsection pays the administrative penalty provided in subsection (d) any time before such vehicle is impounded, the vehicle shall not be eligible for impoundment.

   (d)   The owner of a vehicle eligible for impoundment under this section shall be subject to an administrative penalty of $500. If such vehicle is impounded, the owner of the vehicle shall be subject to the administrative penalty plus the applicable cost of towing and storage of the vehicle under Section 9-92-080.

(Added Coun. J. 7-20-22, p. 50827, § 3)