Whenever in this title the following words and phrases are used, they shall have the meanings respectively ascribed to them in this section. Whenever any words and phrases used in this title are not defined in this section, but are defined in the state vehicle laws, such definitions shall be deemed to apply to such words and phrases used herein. Whenever any words and phrases used in this title are not defined in this section and are not defined in the state vehicle laws, such words and phrases shall be given their usual customary meanings.
ABANDONED VEHICLE: Any vehicle in a state of disrepair rendering the vehicle incapable of being driven in its condition or any vehicle that has not been moved or used for seven (7) consecutive days or more 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.
AUTHORIZED EMERGENCY VEHICLE: An emergency vehicle of municipal 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.
AXLE LOAD: The total load transmitted to the road by all wheels whose centers may be included between two (2) parallel transverse vertical planes forty inches (40") apart extending across the full width of the vehicle.
BICYCLE: Every device propelled by human power upon which any person may ride, having tandem wheels, except scooters and similar devices.
BUMPER: Any device or system of devices protruding from and attached to the front and rear of a motor vehicle that has been designed to be used to absorb the impact of a collision. For the purposes of this title, a bumper also includes a device or system of devices similar in design to those with which new motor vehicles are equipped.
BUS: Every motor vehicle, other than a commuter van, designed for carrying more than ten (10) persons.
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.
CAMPING TRAILER: A trailer, not used commercially, constructed with partial side walls which fold for towing and unfold to provide temporary living quarters for recreational camping or travel use and of a size or weight not requiring an overdimension permit when towed on a highway.
COLLECTION COSTS: Consist of reasonable costs incurred in locating the owner, lienholder, or other legally entitled persons, and demanding payment, together with court costs and reasonable attorney fees as determined by the court.
CROSSWALK: 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, and in the absence of a sidewalk on one side of the 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 such extension forming a right angle to the centerline of the highway.
DERELICT VEHICLE: Any inoperable, unregistered, discarded motor vehicle, regardless of title, having lost its character as a substantial property and left unattended without justification on the owner's land.
DRIVER: Every person who drives or is in actual physical control of a vehicle.
DRIVEWAY: A strip of land improved for the purpose of providing access from private property to the main traveled portion of a public way.
ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE: A self-balancing, two (2) nontandem wheeled device designed to transport only one person with an electric propulsion system that limits the maximum speed of the device to fifteen (15) miles per hour or less.
EXPLOSIVES: Any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities or packing that an ignition by fire, by friction, by concussion, by percussion or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb.
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.
FUNERAL PROCESSION: A procession consisting of motor vehicles which are designed and used for the carrying of not more than seven (7) passengers, a funeral hearse and floral cars, or combination thereof, with any of the following added: Foot units and equestrian units proceeding to a place of burial.
GROSS WEIGHT: The weight of a vehicle, whether operated singly or in combination, without load, plus the weight of the load thereon.
HEADSET RECEIVER: Any device, other than a hearing aid, designed to be worn on a person's head that enables the wearer to hear or receive electronic communications.
HOLIDAYS: When used in this title or on official signs erected by authority of this title, shall mean New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.
INOPERABLE MOTOR VEHICLE: Any motor vehicle from which, for a period of seven (7) days, the engine, wheels or other parts have been removed, or on which the engine, wheels or other parts have been altered, damaged or otherwise so treated that the vehicle is incapable of being driven under its own motor power.
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 forty feet (40') or more 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.
JUNK VEHICLE: A vehicle which has been or is being disassembled, crushed, compressed, flattened, destroyed or otherwise reduced to a state in which it no longer can be returned to an operable state.
LANED ROADWAY: A roadway which is divided into two (2) or more clearly marked lanes for vehicular traffic.
LAW ENFORCEMENT AGENCY: Every governmental enforcement agency or officer having authority to enforce the provisions of this title.
LICENSE TO DRIVE: Any driver's license or any other license or permit to operate a motor vehicle issued under the laws of this state including:
A. Any temporary license or instruction permit.
B. The privilege of any person to drive a motor vehicle whether or not such person holds a valid license or permit.
C. Any "nonresident's driving privilege" as defined in 625 Illinois Compiled Statutes 5/1-150.
LICENSEE: A person licensed or required to be licensed under 625 Illinois Compiled Statutes 5/1-101 et seq.
LOCAL AUTHORITIES: The village president and board of trustees or other body having authority to enact laws relating to traffic under the constitution and laws of this state.
MOTOR VEHICLE: Every vehicle which is self-propelled. For the purpose of 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 motor vehicles designed or used for living quarters; those motor vehicles which are designed for pulling or carrying freight, cargo or implements of husbandry; 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 not more than three (3) wheels in contact with the ground, but excluding a tractor.
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 (8) miles per hour on level ground.
MUFFLER: A device consisting of a series of chambers or baffle plates or other mechanical design for the purpose of receiving exhaust gas from an internal combustion engine or turbine wheels for the purpose of receiving exhaust gas from a diesel engine, all of which are effective in reducing noise.
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 the village, for the purpose of regulating, warning, or guiding traffic.
OPERATOR: Every person who operates or is in actual physical control of any device or vehicle whether motorized or propelled by human power.
OWNER: Any person who holds legal title of a vehicle, or in the event a 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 for the purpose of this title.
PARK DISTRICT: Any park district formed under the park district code or any submerged land park district as that term is defined in 70 Illinois Compiled Statutes 1205/1-3(c).
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.
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.
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.
PEDESTRIAN: Any person afoot or wearing in-line speed skates, including a person with a physical, hearing, or visual disability.
PERSON: Every natural person, firm, copartnership, association or corporation.
PERSON WITH DISABILITIES: A natural person who, as determined by a licensed physician, by a physician assistant who has been delegated the authority to make this determination by his or her supervising physician, or by an advanced practice nurse who has a written collaborative agreement with a collaborating physician that authorizes the advanced practice nurse to make this determination:
A. Cannot walk without the use of, or assistance from, a brace, cane, crutch, another person, prosthetic device, wheelchair, or other assistive device;
B. 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 (1 l), or the arterial oxygen tension is less than sixty (60) mm/hg on room air at rest;
C. Uses portable oxygen;
D. 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;
E. Is severely limited in the person's ability to walk due to an arthritic, neurological, oncological, or orthopedic condition;
F. Cannot walk two hundred feet (200') without stopping to rest because of one of the conditions in subsections A through E of this definition; or
G. Is missing a hand or arm or has permanently lost the use of a hand or arm.
PERSONALLY IDENTIFYING INFORMATION: Information that identifies an individual, including his or her driver identification number, name, address (but not the 5 digit zip code), and telephone number, but "personally identifying information" does not include information on vehicular accidents, driving violations, and driver's status.
POLICE OFFICER: Every officer authorized to direct or regulate traffic or to make arrests and issue citations for violations of traffic regulations.
POLICE VEHICLE: Any vehicle, bicycle, or electric personal assistive mobility device that is designated or authorized by the village police department for police use.
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.
PROPERTY: Any real property within the village which is not a street or roadway.
PROPERTY ON LINE: The boundary line between any public way and the private property abutting thereto.
PUBLIC BUILDING: A building used by any government agency.
PUBLIC PASSENGER VEHICLE: A "motor vehicle", as defined in this section, which is used for the transportation of passengers for hire, excepting those devoted exclusively for funeral use or in operation of a metropolitan transit authority or public utility under the laws of the state of Illinois.
PUBLIC WAY: Any sidewalk, roadway, alley or other public thoroughfare open to the use of the public, as a matter of right, for purpose of travel, except bridle paths.
REGISTRATION: The registration certificate or certificates, registration plates and registration stickers issued under the laws of this state pertaining to the registration of vehicles.
REGISTRATION STICKER OR STICKERS: A device or devices 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.
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 the San Jose fire protection district.
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 care of persons who are sick, injured, wounded or otherwise incapacitated or helpless.
RESIDENCE DISTRICT: The territory contiguous to and including a roadway not comprising a business district when the property on such roadway, for a distance of three hundred feet (300') or more, is in the main improved with residences or residences and buildings in use for business.
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.
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.
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" shall refer to any such roadway separately but not to all such roadways collectively.
RURAL MAIL DELIVERY VEHICLE: Every vehicle used to deliver U.S. mail on a rural mail delivery route.
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.
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 as students in grade 12 or below in connection with any activity of such entity: any public or private primary or secondary school; any primary or secondary school operated by a religious institution; or any public, private or religious nursery school.
B. This definition shall not include the following:
1. A bus operated by a public utility, municipal corporation or common carrier authorized to conduct local or interurban transportation of passengers when such bus is not traveling a specific school bus route but is: on a regularly scheduled route for the transportation of other fare paying passengers; furnishing charter service for the transportation of groups on field trips or other special trips or in connection with other special events; or being used for shuttle service between attendance centers or other educational facilities.
2. A motor vehicle of the first division.
3. A multifunction school activity bus.
SEAT SAFETY BELTS: A set of belts or a harness meeting the specifications established by the department of transportation and installed in such manner as to prevent or materially reduce the movement of the person using the belts or harness in the event of collision or upset of the vehicle.
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.
SHOULDER: That portion of the highway adjacent to the roadway for accommodating stopped vehicles or for emergency use.
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 of pedestrians.
SPECIAL MOBILE EQUIPMENT: Every vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a highway including, but not limited to: street sweepers, ditch digging apparatus, well boring apparatus and road construction and maintenance machinery such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck-tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, scarifiers, earthmoving carryalls and scrapers, power shovels and drag lines, and self-propelled cranes and earthmoving equipment. The term does not include house trailers, dump trucks, truck mounted transit mixers, cranes or shovels, or other vehicles designed for the transportation of persons or property to which machinery has been attached.
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.
TANDEM AXLES: Any two (2) or more single axles whose centers are more than forty inches (40") and not more than ninety six inches (96") apart, measured to the nearest inch between extreme axles in the series, except as provided in 625 Illinois Compiled Statutes 5/15-111 for special hauling vehicles.
TAXICAB STAND: A designated area in the trafficway alongside and parallel to the curb set aside for taxicabs to stand or wait for passengers.
THROUGH ROADWAY: Every roadway or portion thereof on which vehicular traffic is given preferential right of way, and at the entrances to which vehicular traffic from intersecting roadways is required by law to yield the right of way to vehicles on such through roadway in obedience to either a stop sign or a yield sign, when 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 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.
TRAILER: Every vehicle without motive power 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.
TRUCK: Every motor vehicle designed, used or maintained primarily for the transportation of property.
TRUCK LOADING ZONE: A designated space adjacent to a curb for the use of vehicles during the loading or unloading of freight.
URBAN DISTRICT: The territory contiguous to and including any street upon which is built structures devoted to business, industry or dwellings situated at intervals of less than one hundred feet (100') for a distance of one-fourth (1/4) mile or more.
VEHICLE: A. 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 as defined in the snowmobile registration and safety act.
B. For the purposes of this title, 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 in this section, or a junking certificate is issued therefor.
C. For this title, vehicles are divided into two (2) divisions:
1. First Division: Those motor vehicles which are designed for the carrying of not more than ten (10) persons.
2. 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 motor vehicles of the first division remodeled for use and used as motor vehicles of the second division, and those motor vehicles of the first division used and registered as school buses.
YIELD RIGHT OF WAY: When required by an official sign, means the act of granting the privilege of the immediate use of the intersecting 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. (1982 Code § 11-1-2; amd. 2016 Code)