The following words and phrases when used in this title shall, for the purpose of this title, have the meanings respectively ascribed to them in this chapter, except when the context otherwise requires and except where another definition set forth in another chapter of this title and applicable to that chapter or a designated part thereof is applicable.
ABANDONED VEHICLE: A motor vehicle standing or parked on the public way which vehicle is either: a) in such state of disrepair as to be incapable of being driven in its present condition; or b) has not been moved or used for more than seven (7) consecutive days and is apparently deserted.
ALLEY: A public way within a block, generally giving access to the rear of lots or buildings and not used for general traffic circulation.
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.
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 jurisdictions as part of a major arterial system of streets or highways.
AUTHORIZED EMERGENCY VEHICLE: Emergency vehicles of Municipal departments or public service corporations as are designated or authorized by proper local authorities; police vehicles; vehicles of the Fire Department and ambulances.
BICYCLE: Every device propelled by human power upon which any person may ride, having two (2) tandem wheels, either of which is more than sixteen inches (16") in diameter.
BUS: Every motor vehicle, other than a commuter van, designed for carrying more than ten (10) passengers and used for the transportation of persons; and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation.
BUS STOP: A fixed area in the roadway parallel and adjacent to the curb to be occupied exclusively by buses for layover in operating schedules or waiting for passengers.
BUSINESS DISTRICT: The territory contiguous to and including a highway when within any six hundred feet (600') along such 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 three hundred feet (300') of frontage on one side or three hundred feet (300') collectively on both sides of the highway.
CAMPER: A recreational motor vehicle of the second division converted or equipped and primarily used for living quarters or for human habitation, rather than for the transportation of freight, goods, wares and merchandise and not used as a commercial vehicle.
CITY: The City of McHenry.
COMMERCIAL VEHICLE: Any vehicle operated for transportation of persons or property in the furtherance of any commercial or industrial enterprise, for hire or not for hire, not including, however, a commuter van or a recreational vehicle not being used commercially.
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 such highway, street or roadway.
CROSSWALK:
A. That 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;
B. Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.
CURB LOADING ZONE: A space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.
DEALER: Every person engaged in the business of buying, selling or exchanging vehicles and who has an established place of business for such purpose in this City.
DRIVER: Every person who drives or is in actual physical control of a vehicle.
FOR HIRE: The operation of a vehicle for compensation and subject to Federal regulation by the Interstate Commerce Commission or to State regulation by the Illinois Commerce Commission.
GROSS WEIGHT: The weight of a vehicle whether operated singly or in combination without load, plus the weight of the load thereon.
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.
HOUSE CAR: A recreational motor vehicle of the first division converted or equipped and primarily used for living quarters or for human habitation, rather than as a passenger car and not used as a commercial vehicle.
HOUSE TRAILER:
A. A recreational trailer or semitrailer equipped and used for living quarters or for human habitation (temporarily or permanently) rather than for the transportation of freight, goods, wares, and merchandise; or
B. A house trailer or a semitrailer which is used commercially (temporarily or permanently), that is, for the advertising, sales, display or promotion of merchandise or services, or for any other commercial purpose, except the transportation of property for distribution by a private carrier.
INTERSECTION:
A. 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 (2) 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.
B. Where a highway includes two (2) roadways thirty (30) or more feet apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection.
C. The junction of an alley with a street or highway does not constitute an intersection.
LANED ROADWAY: A roadway which is divided into two (2) or more clearly marked lanes for vehicular traffic.
LOCAL AUTHORITY: Every County, Municipal and other local board or body having authority to enact laws relating to traffic under the Constitution and laws of this State.
MERGING TRAFFIC: A maneuver executed by the drivers of vehicles or converging roadways to permit entry into the junction thereof, wherein the driver of each vehicle involved is required to adjust his vehicular speed and lateral position so as to avoid a collision with any other vehicle.
MOTOR DRIVEN CYCLE: Every motorcycle and every motor scooter with less than one hundred forty (140) cubic centimeter piston displacement, including motorized pedalcycles.
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. For this title, motor vehicles are divided into two (2) divisions:
First Division: Those motor vehicles which are designed for the carrying of not more than ten (10) persons.
Second Division: Those motor vehicles which are designed for carrying more than ten (10) 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.
MOTORCYCLE: Every motor vehicle having a seat or saddle for the use of the rider and designed to travel on no more than three (3) wheels in contact with the ground, but excluding a tractor.
MOTORIZED PEDALCYCLE: A bicycle type vehicle, which has tires with an overall inflated diameter of nineteen inches (19") or more, with fully operative pedals for propulsion by human power, equipped with a power drive system that functions directly or automatically only and not requiring clutching or shifting by the operator after the drive system is engaged, and a helper motor with a cylinder capacity not exceeding fifty (50) cubic centimeter piston displacement, which produces no more than 2.0 brake horsepower, and is capable of propelling the vehicle at a maximum speed of no more than thirty (30) miles per hour on level ground.
MULTI-PURPOSE PASSENGER VEHICLE: A passenger carrying vehicle which is constructed either on a truck chassis or with special features for occasional off road operation.
NONCOMMERCIAL VEHICLE: Any vehicle that is not a commercial vehicle.
NONDIVISIBLE: A vehicle and load will be considered nondivisible when further separating or dismantling the vehicle or load:
A. Would require more than eight (8) 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.
B. 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 nondivisible.
C. Would prohibit the vehicle from hauling one attachment that is necessary to the operation of the load. To be considered nondivisible, 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.
NOT FOR HIRE: Operation of a commercial vehicle in furtherance of any commercial or industrial enterprise but not for hire.
OFFICIAL TIME STANDARD: Whenever certain hours are named herein, they shall mean standard time or daylight saving time as may be in current use in this City.
OFFICIAL TRAFFIC CONTROL DEVICES: All signs, signals, markings and devices placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic.
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 (5) consecutive days from the date of issuance unless otherwise directed by the Police Department.
ONE-WAY STREET: A public way upon the roadway of which traffic is permitted to travel in only one direction.
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.
PARKING METER: A mechanical device located upon a public street or sidewalk in a place regularly designed as a parking zone, as defined herein, which device shall record a certain number of minutes by the use of a clock mechanism determining the period of time for which parking privileges may be extended to the person depositing a coin into said device.
PASSENGER CAR: A motor vehicle of the first division, including a multipurpose passenger vehicle, that is designed for carrying not more than ten (10) persons.
PEDESTRIAN: Any person afoot.
PERSON: Every natural person, firm, copartnership, association or corporation.
PHYSICALLY HANDICAPPED PERSON: Every natural person who has permanently lost the use of a leg or both legs or an arm or both arms, or any combination thereof, or any person who is so severely disabled as to be unable to move without the aid of crutches or a wheelchair.
POLICE DEPARTMENT: The City of McHenry Police Department.
POLICE OFFICER: Every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.
PRINCIPAL PLACE OF BUSINESS: The place where any person transacts his principal business, or where he makes up and approves his payroll, maintains a central file of records and maintains his principal executive offices. In the event that not all of these functions are performed in one place, then that place where such person does in fact principally transact and control his business affairs.
PRIVATE LIVING COACH: A recreational motor vehicle of the second division equipped and primarily used for living quarters, human habitation or for mobile living, rather than for the transportation of persons, with direct access to the living quarters from the driver’s seat and not used as a commercial vehicle.
PRIVATE ROAD OR DRIVEWAY: Every way or place in private ownership and used for vehicular travel by the owner, but not by other persons.
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 (3) months from the date of issuance.
RAILROAD: A carrier of persons or property upon cars, other than streetcars, operated upon stationary rails.
RAILROAD SIGNS OR SIGNALS: Any sign, signal or device other than an official traffic control device erected in accordance with the laws governing same and intended to give notice of the presence of railroad tracks or the approach of a railroad train.
RAILROAD TRAIN: A steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails, except streetcars.
RECREATIONAL VEHICLE: Every vehicle originally designed or permanently converted and primarily used for living quarters or for human habitation and not used as a commercial vehicle, including any house car, house trailer, camper or private living coach.
REGISTERED WEIGHT: Registration weight paid to the Illinois Secretary of State or the state in which the vehicle is registered.
RESIDENCE DISTRICT: The territory contiguous to and including a highway not comprising a Business District when the property on such highway for a distance of three hundred feet (300') or more is in the main improved with residence or residences and buildings in use for business.
RESIDENT:
A. Every natural person who resides in this City shall be deemed a resident of the City.
B. In the case of a firm, copartnership, association or corporation, if the principal place of business of such firm, copartnership, association or corporation is located in the City of McHenry, Illinois, then such firm, copartnership, association or corporation shall be deemed a resident of the City of McHenry, Illinois.
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.
ROADWAY: That 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 (2) or more separate roadways, the term ROADWAY as used herein shall refer to any such roadway separately but not to all such roadways collectively.
ROUND TRIP MOVEMENT: Two (2) trips over the same route in opposite directions. Round trip permits are valid for ten (10) consecutive days from the date of issuance.
SCHOOL BUS:
A. Every motor vehicle, except as provided in subsection B of this definition, owned or operated by or for any of the following entities for the transportation of persons regularly enrolled in any such entity as students in grade 12 or below in connection with any activity of the entity: a school operated by a religious institution or a public or private nursery, primary or secondary school.
B. This definition does not include the following: 1) a bus operated by a public utility, Municipal corporation or common carrier authorized to conduct local or interurban transportation or passengers when the bus is on a regularly scheduled route for the transportation of other fare paying passengers or furnishing charter service for the transportation of groups on field trips or other special trips or in connection with special events or for shuttle service between attendance centers or other educational facilities and not over a regular or customary school bus route; 2) a motor vehicle of the first division.
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 that some part of its weight and that of its load rests upon or is carried by another vehicle.
SIDEWALK: That portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use by pedestrians.
SITUS OR BASE OF VEHICLE: The place where a vehicle is principally garaged, or from whence it is principally dispatched, or where the movements of such vehicle usually originate.
STAND OR STANDING: The halting of a vehicle, whether occupied or not, otherwise than when temporarily and actually engaged in receiving or discharging passengers.
STOP: When required, means complete cessation from movement.
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.
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.
TAXICAB STAND: A fixed area in the roadway alongside and parallel to the curb set aside for taxicabs to stand or wait for passengers.
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 right-of-way to vehicles on such through highway in obedience to either stop sign or a yield sign, when such signs are erected as provided in this title.
TRAFFIC: Pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances either singly or together while using any highway for purposes of travel.
TRAFFIC CONTROL SIGNAL: Any official traffic control device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.
TRUCK: Every motor vehicle designed and used primarily for transportation of property.
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.
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, devices used exclusively upon stationary rails or tracks and snowmobiles. For this title, vehicles are divided into the following divisions:
First Division: Those vehicles which are designed for the carrying of not more than ten (10) persons.
Second Division: Those vehicles which are designed for carrying more than ten (10) persons, those designed or used for living quarters and those vehicles which are designed for pulling or carrying property, freight or cargo, those vehicles of the first division remodeled for use and used as motor vehicles of the second division, and those vehicles of the first division used and registered as school buses.
YIELD RIGHT-OF-WAY: When required by an official sign, the act of granting the privilege of the immediate use of the intersection roadway to traffic within the intersection and to vehicles approaching from the right or left, but when the roadway is clear may proceed into the intersection.
(Ord. 98-714, 10-7-1998)