TITLE 6
MOTOR VEHICLES AND TRAFFIC
CHAPTER 1
GENERAL TRAFFIC PROVISIONS
SECTION:
6-1-1: Definitions
6-1-2: Illinois Motor Vehicle Code Adopted
6-1-3: Regulatory Signs
6-1-4: General Speed Restrictions
6-1-5: Toy Vehicles
6-1-6: Commercial Truck Restrictions
6-1-7: Distracted Driving
6-1-8: Equipment Of Vehicles
6-1-8-1:    Seat Belts; Required
6-1-8-2:    Seat Belts; Child Safety
6-1-8-3:    Unnecessary Noise
6-1-8-4:    Emission Of Smoke Or Fumes
6-1-8-5:    Securing Of Loads
6-1-9: Vehicle Seizure And Impoundment
6-1-10: Penalties
6-1-1: DEFINITIONS:
   A.   Statutes: Unless otherwise indicated, the terms used in this title shall have the meanings ascribed to them by the Illinois Compiled Statutes, as amended from time to time.
   B.   General Definitions: When used in this title, the following words and phrases shall have the meanings ascribed to them in this subsection:
   BICYCLE: Every device propelled by human power upon which any person may ride, have two (2) tandem wheels except scooters and similar devices.
   COMMERCIAL TRUCK: Any tractor truck and semitrailer or any part thereof, solid waste collection vehicle, dump truck, concrete mixer truck, box type truck, tanker trucks, buses; or any truck or vehicle registered as a commercial vehicle or used for commercial purposes.
   INTERSECTION: The area embraced within the extensions of the property lines of two (2) or more streets which join at an angle, whether or not such streets cross.
   PEDESTRIAN: Any person afoot or wearing in-line speed skates, including a person with a physical, hearing, or visual disability.
   RIGHT OF WAY: The privilege of the immediate use of the street or intersection of streets.
   STREET: The entire width between property lines of each side or place of whatever nature when any part thereof is open to the use of the public, as a matter of right for the purpose of motor vehicular traffic.
   VEHICLE: Every device, in, upon or by which any person or property is or may be transported or drawn upon a highway or roadway except devices moved by human power, and snowmobiles as defined in the snowmobile registration and safety act. (Ord. 2015.51, 4-18-2016)
6-1-2: ILLINOIS MOTOR VEHICLE CODE ADOPTED:
Except insofar as the application thereof is clearly impractical or inappropriate, in view of the context or purposes thereof, all of the definitions, requirements, regulations, prohibitions, provisions and sections of the Illinois vehicle code as amended, are by reference adopted as ordinance definitions, requirements, regulations, prohibitions, provisions and sections of the village vehicle code. Any and all violations of 625 Illinois Compiled Statutes 5/1-101 to 5/20-402, inclusive, as amended shall be considered violations of this chapter and each such violation shall subject the violator thereof to the penalty provisions of this chapter; and the section numbers of the Illinois motor vehicle code are adopted as section numbers of the ordinance codified in this chapter and may be cited as such. (Ord. 2015.51, 4-18-2016)
6-1-3: REGULATORY SIGNS:
   A.   Posting Signs: The director of public works shall post suitable signs in conformity with state law and city ordinance, indicating those intersections where street users must stop or yield prior to entering said intersections and shall post such other signs, in conformity with state law, respecting the use of streets and parking and traffic thereon as the city council shall direct.
   B.   Temporary Regulation: The chief of police by and with the approval of the director of public works is empowered to make regulations necessary to make effective the provisions of the traffic ordinances of this city, and to make and enforce temporary or experimental regulations to cover emergencies or special conditions. No such temporary or experimental regulation shall remain in effect for more than ninety (90) days.
   C.   Hearing Or Vision Impairment Signs: Upon application to the city, owners of property abutting city streets who have hearing or vision impaired residents residing thereon may be allowed to have a sign erected warning of said hearing or vision impaired residents. The form of said sign shall be approved by the police and street departments.
   D.   Unauthorized Signs: No person shall place, maintain or display upon or in view of any highway any unauthorized sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic control device or railroad sign or signal or which attempts to direct the movement of traffic, nor shall any person place, maintain or display upon or in view of any highway any other sign which hides from view or interferes with the movement of traffic or effectiveness of any traffic control device. Any such unauthorized device is hereby declared to be a nuisance and may be immediately removed and disposed by any authorized personnel of the city.
   E.   Damage To Signs: It shall be unlawful for any person to deface, injure, move or interfere with any official traffic sign or signal. (Ord. 2015.51, 4-18-2016)
6-1-4: GENERAL SPEED RESTRICTIONS:
   A.   Speed Limits: It shall be unlawful to drive any motor vehicle on any street not under the jurisdiction of the department of public works and buildings, the state or the county, in an urban district within the city to travel at a speed in excess of twenty five (25) miles per hour, or in an alley at a speed in excess of fifteen (15) miles per hour. Provided that if the city council, by ordinance, sets other limits, as provided by statute, then such limits shall govern the rate of speed on the streets indicated in such ordinance. The director of public works shall post appropriate signs showing such speed limits. (Ord. 2015.51, 4-18-2016)
6-1-5: TOY VEHICLES:
It shall be unlawful for any person upon skates, skateboards, scooters, coaster wagons, sled or other toy vehicles to go upon any roadway other than at a crosswalk; notwithstanding any other applicable penalty under city ordinance to the contrary. (Ord. 2015.51, 4-18-2016)
6-1-6: COMMERCIAL TRUCK RESTRICTIONS:
   A.   Truck Size, Weight And Load: Commercial trucks driven on all streets in the city, excepting those streets hereinafter designated, shall conform to the Illinois vehicle code as follows:
      1.   Width: 625 Illinois Compiled Statutes 5/15-102 - Eight feet six inches (8'6").
      2.   Height: 625 Illinois Compiled Statutes 5/15-103 - Thirteen feet six inches (13'6").
      3.   Length: 625 Illinois Compiled Statutes 5/15-107 - Fifty five feet (55') total length.
      4.   Weight: 625 Illinois Compiled Statutes 5/15-111 - Eighty thousand (80,000) pounds on all roadways unless otherwise posted.
   B.   Commercial Trucks On Residential Streets: It shall be unlawful to drive any commercial trucks on the residential streets of the city of Sycamore, except for the purpose of making a delivery. The route must be the most direct route between the highway and the destination or by a route designated by ordinance and marked with signage.
   C.   Vehicles Requiring Permit: Vehicles exceeding the restrictions set forth in this section shall require a permit issued by the director of building and engineering or his designee to travel on city streets. The oversize/overweight permit shall specify the date of transit and exact route to be traveled.
   D.   Excessive Idling: A person that operates a commercial truck may not cause or allow the motor vehicle to idle unnecessarily when it is not actively in motion or in use loading or unloading.
   E.   Compression Release Engine Brake: No person shall operate, or cause to be used or operated any mechanical exhaust device designed to aid in the braking or deceleration of any vehicle by converting engine power to compressed air, unless it was necessary to avoid injury or an accident. (Ord. 2015.51, 4-18-2016)
6-1-7: DISTRACTED DRIVING:
   A.   Definitions: When used in this title, the following words and phrases shall have the meanings ascribed to them in this subsection:
   DISTRACTED: Manipulating items within the vehicle; reading; writing; performing personal grooming with any device; interacting physically with pets or unsecured cargo; or engaging in any other activity, which interferes with the proper operation of vehicle equipment while operating a motor vehicle, as evidenced by a contemporaneous moving traffic violation.
   ELECTRONIC COMMUNICATIONS DEVICE: An electronic device, including, but not limited to, a wireless telephone, personal digital assistant, or a portable or mobile computer.
   WIRELESS TELEPHONE: A device that is capable of transmitting or receiving telephonic communications without a wire connecting the device to the telephone network.
   B.   Prohibited: No person shall operate a vehicle on any street or highway within the city while distracted except as otherwise provided in subsection C of this section.
   C.   Exceptions: The provisions of this section shall not apply to:
      1.   The performance of any act necessary for the proper operation of a vehicle.
      2.   Persons using a wireless telephone to make an emergency call to 9-1-1 or other public safety emergency telephone numbers.
      3.   Persons using an electronic communications device while maintaining a motor vehicle while parked.
      4.   The performance of any act that is described as an offense against traffic regulations governing the movement of vehicles in the Illinois vehicle code.
      5.   A law enforcement officer or operator of an emergency vehicle while performing his or her official duties and only when using an electronic device as necessary to carry out those duties.
      6.   Persons using an electronic communications device while utilizing a hands free device that allows the driver to talk to and listen to the other party without the use of the driver's hands. (Ord. 2015.51, 4-18-2016; amd. Ord. 2019.26, 10-7-2019)
6-1-8: EQUIPMENT OF VEHICLES:
6-1-8-1: SEAT BELTS; REQUIRED:
The regulations of 625 Illinois Compiled Statutes 5/12-603.1, as amended, are adopted as the regulations governing the requirements of seat belt use. (Ord. 2015.51, 4-18-2016)
6-1-8-2: SEAT BELTS; CHILD SAFETY:
The regulations of 625 Illinois Compiled Statutes 25/1 through 25/7, as amended, are adopted as the regulations governing the child safety requirements. (Ord. 2015.51, 4-18-2016)
6-1-8-3: UNNECESSARY NOISE:
It is unlawful to operate a vehicle which makes unusually loud or unnecessary noise. For example, but not limited to, after market devices installed on the vehicle, straight pipes, or glass packs. (Ord. 2015.51, 4-18-2016)
6-1-8-4: EMISSION OF SMOKE OR FUMES:
It is unlawful to operate any vehicle which emits dense smoke or such an amount of smoke or fumes as to be dangerous to the health of persons or as to endanger the drivers of other vehicles. (Ord. 2015.51, 4-18-2016)
6-1-8-5: SECURING OF LOADS:
No vehicle shall be so loaded that any part of its load spills or drops on any street or alley in the municipality. (Ord. 2015.51, 4-18-2016)
6-1-9: VEHICLE SEIZURE AND IMPOUNDMENT:
   A.   A motor vehicle, operated with the permission, express or implied, of the owner of record of that motor vehicle, that is used in connection with the following violations, shall be liable to the city for an administrative penalty in an amount not to exceed five hundred dollars ($500.00), in addition to any towing and storage fees as hereinafter provided:
      1.   Driving while the driver's license, permit, or privilege to operate a motor vehicle is suspended or revoked, in violation of section 6-303 of the Illinois vehicle code, as amended, pursuant to Illinois secretary of state action; except that vehicles shall not be subjected to seizure or impoundment if the suspension is for an unpaid citation (parking or moving) or due to failure to comply with emission testing.
      2.   Operation or use of a motor vehicle with an expired driver's license, in violation of section 6-101 of the Illinois vehicle code, as amended, if the period of expiration is greater than one year.
      3.   Operating a motor vehicle without having ever been issued a driver's license or permit, in violation of section 6-101 of the Illinois vehicle code, as amended, or operating a motor vehicle without ever having been issued a driver's license or permit due to a person's age.
      4.   Driving under the influence of alcohol, drugs or intoxicating compounds, or any combination thereof, in violation of section 11-501 of the Illinois vehicle code, as amended.
      5.   Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense or in violation of the Illinois cannabis control act, as amended.
      6.   Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of the Illinois controlled substances act, as amended.
      7.   Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of section 24-1 (unlawful use of weapons), 24-1.5 (reckless discharge of firearms), or 24-3.1 (unlawful possession of firearms and firearm ammunition) of the Illinois criminal code of 1961, as amended.
      8.   Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of article 16 (theft and related offenses) or 16A (retail theft) of the Illinois criminal code of 1961, as amended.
      9.   Operation or use of a motor vehicle in the commission of, or in the attempt to commit, a felony as defined in the Illinois criminal code of 1961.
      10.   Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense for which a motor vehicle may be seized and forfeited pursuant to section 36-1 of the Illinois criminal code of 1961, as amended.
      11.   Operation or use of a motor vehicle by a person against whom a warrant has been issued by a circuit clerk in Illinois for failing to answer charges that the driver violated section 6-101 (driving without a valid license), 6-303 (driving with a suspended or revoked license), or 11-501 (driving under the influence of alcohol, drugs, or intoxicating compounds) of the Illinois vehicle code, as amended.
   B.   The applicability of this section and the fees for towing and storing a vehicle under this section shall be as follows:
      1.   This section shall not replace or otherwise abrogate any existing state or federal laws or city ordinances pertaining to vehicle seizure and impoundment, and these penalties shall be in addition to any penalties that may be assessed by a court for any criminal damages.
      2.   This section shall not apply if the motor vehicle used in the violation was stolen at that time and the theft was reported to the appropriate police authorities within twenty four (24) hours after the theft was discovered, or upon verifiable proof that the vehicle was stolen at the time the vehicle was impounded.
      3.   Fees for towing and storage of a motor vehicle under this section shall not exceed those approved by the city manager or chief of police for all towers authorized to tow motor vehicles for the police department.
   C.   A motor vehicle that is used in the violation of subsection A of this section shall be subject to seizure and impoundment under this section. The owner of record of such vehicle shall be liable to the city for a penalty of five hundred dollars ($500.00) in addition to fees for the towing and storage of the vehicle. For the purposes of this section, the "owner of record" of a motor vehicle is the record titleholder as registered with the secretary of state.
      1.   Whenever a police officer has probable cause to believe that a motor vehicle is subject to seizure and impoundment pursuant to this section, the police officer shall provide for the towing of the motor vehicle to a facility controlled by the city or its agents. When the motor vehicle is towed, the police officer shall notify or make reasonable attempt to notify the owner, lessee, or person identifying himself or herself as the owner or lessee of the vehicle, or any person who is found to be in control of the motor vehicle at the time of the alleged violations, if there is such a person, of the fact of the seizure and of the motor vehicle owner's or lessee's right to an administrative hearing and right to request a preliminary hearing to be conducted under this section. The police officer shall also provide notice that the motor vehicle will remain impounded pending the completion of an administrative hearing, unless the owner or lessee of the vehicle or lienholder posts a cash bond in the amount of five hundred dollars ($500.00) plus fees for towing and storing the motor vehicle.
      2.   Whenever the owner of a motor vehicle seized pursuant to this section requests a preliminary hearing within twelve (12) hours after the seizure, the corporation counsel of the city or his designee shall conduct such preliminary hearing within twenty four (24) hours after the seizure, excluding Sundays and holidays. All interested persons shall be given a reasonable opportunity to be heard at the preliminary hearing. The formal rules of evidence will not apply at the hearing. If, after the hearing, the corporation counsel or his designee determines that there is probable cause to believe that the motor vehicle was used in the violation of subsection A of this section he shall order the continued impoundment of the motor vehicle as provided in this section unless the owner of the vehicle posts with the city a cash bond in the amount of five hundred dollars ($500.00) plus fees for towing and storing the motor vehicle. If the corporation counsel or his designee determines that there is no such probable cause, the motor vehicle will be returned without penalty or other fees.
      3.   Within ten (10) days after a motor vehicle is seized and impounded pursuant to this section, the city shall notify by personal service or by certified mail, return receipt requested, the owner of record or lessee of the vehicle, and any lienholder of record, of the date, time and location of a hearing that will be conducted pursuant to this section. The hearing shall be scheduled and held, unless continued by order of the court or hearing officer, not less than fifteen (15) days and not more than forty five (45) days after the vehicle was seized. All interested persons shall be given a reasonable opportunity to be heard at the hearing. Such hearing shall be conducted pursuant to and in accordance with the provisions of chapter 8 of this title. The hearing shall be conducted by a hearing officer who is an attorney licensed to practice law in Illinois for a minimum of three (3) years. At the conclusion of the hearing, the hearing officer shall issue a written decision either sustaining or overruling the vehicle impoundment. If after a hearing, it is determined by a preponderance of evidence that the motor vehicle was used in the commission of any of the violations described in subsection A of this section the motor vehicle shall continue to be impounded until the owner pays a penalty of five hundred dollars ($500.00) plus fees for towing and storage of the motor vehicle. The penalty and fees shall be a debt due and owing the city. However, if a cash bond has been posted the bond shall be applied to the penalty. If it is determined at a hearing that the motor vehicle was not used in such a violation, the vehicle or cash bond shall be returned without penalty or other fees. All final decisions of the administrative hearing officer shall be subject to review under the provisions of the Illinois administrative review law. Unless the administrative hearing officer overturns the basis for the vehicle impoundment, no vehicle shall be released to the owner, lessee, or lienholder of record until all administrative penalties and towing and storage charges are paid. Notwithstanding any other provision of this section, whenever a person with a lien of record against a motor vehicle impounded under this section has commenced foreclosure proceedings, possession of the motor vehicle shall be given to that person if he agrees in writing to refund to the city the net proceeds of any foreclosure sale, less any amount necessary to pay all lienholders of record, up to the total amount of penalties imposed under this subsection C.
      4.   Any motor vehicle that is not reclaimed within thirty five (35) days after the expiration of the time during which the owner of record may seek judicial review of the city's action under this section, or the time at which a final judgment is rendered in favor of the city, or the time a final administrative decision is rendered against an owner of record who is in default, shall be deemed abandoned and may be disposed of as an abandoned or unclaimed motor vehicle as provided by law in accordance with the provisions of article II of chapter 4 of the Illinois vehicle code, as amended. (Ord. 2015.52, 4-18-2016)
6-1-10: PENALTIES:
Violations of this chapter shall incur a penalty of fifty dollars ($50.00) unless otherwise noted. (Ord. 2015.51, 4-18-2016; amd. Ord. 2015.52, 4-18-2016)