TITLE 7
MOTOR VEHICLES AND TRAFFIC
CHAPTER 1
GENERAL TRAFFIC REGULATIONS
SECTION:
7-1-1: Definitions
7-1-2: Adoption Of Illinois Vehicle Code
7-1-3: Compliance Required
7-1-4: Obedience To Police Officers
7-1-5: Officers And Employees To Obey Code, Exceptions
7-1-6: Fire Department Authority
7-1-7: Bicycles Or Animals, Compliance
7-1-8: Unattended Animals
7-1-9: Property Owners' Rights
7-1-10: Injurious Deposits On Thoroughfares
7-1-11: Toy Vehicles
7-1-12: Driver And Passenger Required To Use Safety Belts
7-1-13: Left Hand Turns
7-1-14: Traffic Control Devices
7-1-15: No Right Turn On Red Signal Intersections
7-1-16: Motorized Scooter/Skateboard
7-1-1: DEFINITIONS:
The following words and phrases, when used in this title, shall, for the purposes of this title, have the meanings respectively ascribed to them in this section, except when the context otherwise requires and except where another definition set forth in another section of this title and applicable to that section or a designated part thereof is applicable:
   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: Emergency vehicles of village 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 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.
   BUSINESS DISTRICT: The territory within the village, 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.
   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.
   DRIVER: Every person who drives or is in actual physical control of a vehicle.
   DRIVER'S LICENSE/PRIVILEGE TO DRIVE: Any driver's license or any other license or permit to operate a motor vehicle issued under the laws of the state of Illinois 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 herein.
   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.
   FARM TRACTOR: Every motor vehicle designed and used primarily as a farm implement for drawing wagons, plows, mowing machines and other implements of husbandry, and every implement of husbandry which is self-propelled.
   FLAMMABLE LIQUID: Any liquid which has a flashpoint of seventy degrees Fahrenheit (70°F) or less, as determined by Tagliabue or equivalent closed cup test device.
   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 traffic.
   IMPROVED HIGHWAY: Any roadway of concrete, brick, asphalt, macadam and crushed stone or gravel.
   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.
   LANED ROADWAY: A roadway which is divided into two (2) or more clearly marked lanes for vehicular traffic.
   LOADING ZONE: The space adjacent to a curb, reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.
   MERGING TRAFFIC: A maneuver executed by the drivers of vehicles on 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.
   METAL TIRES: Every tire the surface of which is in contact with the roadway is wholly or partially of metal or other hard, nonresilient material.
   MOTOR VEHICLE: Every vehicle which is self-propelled but not operated upon rails. For this title, motor vehicles are divided into two (2) divisions:
   A.   First Division: Those motor vehicles which are designed for the carrying of not more than ten (10) persons.
   B.   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.
   MOTORIZED SCOOTER/SKATEBOARD: Any electric or gas driven wheeled scooter, motor driven cycle or other similar motor driven vehicle for which the state of Illinois does not issue a title document and does not issue license plates or registration documents.
   NONRESIDENT: Every person who is not a resident of this state.
   OWNER: A person who holds legal title of a motor vehicle, or in the event a motor vehicle is a subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the condition 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 motor vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this title.
   PARKING, STOPPING OR STANDING: The halting or standing of a vehicle, whether occupied or not, otherwise than when temporarily and actually engaged in loading or unloading merchandise or passengers, 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.
   PEDESTRIAN: Any person afoot.
   PERSON: Every natural person, firm, copartnership, association or corporation.
   PNEUMATIC TIRE: Every tire in which compressed air is designed to support the load.
   POLE TRAILER: Every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes or structural members capable, generally, of sustaining themselves as beams between the supporting connections.
   POLICE OFFICER: Every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.
   PRIVATE ROAD OR DRIVEWAY: Every way or place in private ownership and used for vehicular traffic by the owner and those having express or implied permission from the owner, but not by other persons.
   PROPERTY LINE: The line marking the boundary between any street and the lots or property abutting thereon.
   REGISTRATION: The registration certificate or certificates and registration plates issued under the laws of this state pertaining to the registration of vehicles.
   RESIDENT:
   A.    Every natural person who resides in this state shall be deemed a resident of this state.
   B.   In the case of a firm, copartnership or association, if the principal place of business of such firm, copartnership or association is located in the state of Illinois, then such firm, copartnership or association shall be deemed a resident of the state of Illinois.
   C.   In the case of a corporation, if the corporation was incorporated under the laws of the state of Illinois or if the principal place of business of such corporation shall be deemed a resident of the state of 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.
   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: Every motor vehicle of the second division owned or operated by or for a public or governmental agency or by or for a private or religious organization for the transportation of pupils in connection with any school activity. This definition does not include a bus operated by a public utility or a municipal corporation authorized to conduct local or interurban transportation of passengers.
   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 rest 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 of pedestrians.
   STOP: When required, means complete cessation from movement.
   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.
   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 the intersecting highways is required by law to yield right of way to vehicles on such through highway in obedience to either a stop sign or a yield sign.
   TOY VEHICLES: Skates, coasters, wagons, sleds, rollerblades, skateboards or nonmotorized scooters.
   TRAFFIC: Pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances either singly or together while using any highway for the purpose 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.
   TRAILER: Every vehicle without motive power in operation, other than a pole trailer, 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 TRAILER: 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.
   URBAN DISTRICT: The territory contiguous to and including any street which is built up with structures devoted to business, industry or dwelling houses situated at intervals of less than one hundred feet (100') for a distance of one-quarter (1/4) mile or more.
   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 a highway, except devices moved by human power or used exclusively upon stationary rails or tracks. For this title, vehicles are divided into two (2) divisions:
   A.   First Division: Those motor vehicles which are designed for the carrying of not more than ten (10) persons.
   B.   Second Division: Those motor 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 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 authorized by ordinance, 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. (Ord. 89-04, 4-3-1989; amd. 2004 Code; Ord. 2011-08, 7-11-2011)
7-1-2: ADOPTION OF ILLINOIS VEHICLE CODE 1 :
Pursuant to 625 Illinois Compiled Statutes 5/20-204 of the Illinois vehicle code, the village of West Dundee hereby adopts and incorporates by reference all paragraphs and sections of the Illinois vehicle code and subsequent amendments in whole. (2004 Code)
7-1-3: COMPLIANCE REQUIRED:
It is unlawful and, unless otherwise declared in this title with respect to particular offenses, it is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this title. (Ord. 89-04, 4-3-1989)
7-1-4: OBEDIENCE TO POLICE OFFICERS:
Members of the police department and special police assigned to traffic duty are hereby authorized to direct all traffic in accordance with the provisions of this title, or in emergencies as public safety or convenience may require, and it shall be unlawful for any person to wilfully fail or refuse to comply with any lawful order or direction of any police officer vested by law with authority to direct, control or regulate traffic. (Ord. 89-04, 4-3-1989)
7-1-5: OFFICERS AND EMPLOYEES TO OBEY CODE, EXCEPTIONS:
   A.   The provisions of this title applicable to the drivers of vehicles upon the highways shall apply to drivers of all vehicles owned or operated by the United States, this state or any county, city, town, district or any other political subdivision of this state, except exceptions as set forth in this title with reference to authorized emergency vehicles.
   B.   The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions herein stated.
   C.   The driver of an authorized emergency vehicle may:
      1.   Park, stop or stand, irrespective of the provisions of this title;
      2.   Proceed past a red or stop signal or stop sign, but only after slowing down as may be required and necessary for safe operation;
      3.   Exceed the maximum speed limit so long as he does not endanger life or property;
      4.   Disregard regulations governing direction of movement or turning in specified directions.
   D.   The exceptions herein granted to an authorized emergency vehicle, other than a police vehicle, shall apply only when the vehicle is making use of either an audible signal when in motion or a visual signal.
   E.   The foregoing provisions do not relieve the driver of an authorized emergency vehicle from the duty of driving with due regard for the safety of all persons, nor do such provisions protect the driver from the consequences of his reckless disregard for the safety of others. (Ord. 89-04, 4-3-1989)
7-1-6: FIRE DEPARTMENT AUTHORITY:
The fire department officer in command, or any firefighter designated by him, may execute the powers and authority of a police officer in directing traffic at the scene of any fire or where the fire department has responded to an emergency call for so long as fire department equipment is on the scene in the absence of or in assisting the police. (Ord. 89-04, 4-3-1989)
7-1-7: BICYCLES OR ANIMALS, COMPLIANCE:
Every person riding a bicycle or an animal or driving any animal drawing a vehicle upon a roadway shall be subject to the provisions of this title applicable to the driver of a vehicle, except those provisions of this title which by their nature can have no application. (Ord. 89-04, 4-3-1989)
7-1-8: UNATTENDED ANIMALS:
It shall be unlawful to leave any horse or other draft animal unattended or allow other animals to roam in any street without having such animal securely fastened or accompanied by a driver. (Ord. 89-04, 4-3-1989)
7-1-9: PROPERTY OWNERS' RIGHTS:
Nothing in this title shall be construed to prevent the owner of real property used by the public for purposes of vehicular travel by permission of the owner and not as matter of right from prohibiting such use, or from requiring other or different or additional conditions than those specified in this title, or otherwise regulating such use as may seem best to such owner. (Ord. 89-04, 4-3-1989)
7-1-10: INJURIOUS DEPOSITS ON THOROUGHFARES:
It is hereby declared unlawful for any person to deposit in, on or about any public way: weeds, papers, trash, garbage or other offensive matter such as cans, glass, bottles, nails or tacks, or similar materials. (Ord. 89-04, 4-3-1989)
7-1-11: TOY VEHICLES:
It shall be unlawful for any person upon skates, coasters, wagons, sleds, rollerblades, skateboards, nonmotorized scooters or other toy vehicles to go upon any roadway, other than at a crosswalk. (Ord. 89-04, 4-3-1989; amd. 2004 Code)
7-1-12: DRIVER AND PASSENGER REQUIRED TO USE SAFETY BELTS:
   A.   Definitions: The following words and phrases when used in this chapter shall, for the purpose of this chapter have the meanings respectively ascribed to them in 625 Illinois Compiled Statutes 5/1 et seq.: "driver", "motor vehicle", "passenger car", "motorcycle", "operator" or "roadway".
   B.   Violations, Exceptions, Penalties, Applicability: Each driver and front seat passenger of a motor vehicle operated on a roadway in this village shall wear a properly adjusted and fastened seat belt; except that a child less than eight (8) years of age shall be protected as required pursuant to the Illinois child passenger protection act 2 . Each driver of a motor vehicle transporting a child eight (8) years of age or more, but less than sixteen (16) years of age, in any seat of a motor vehicle shall secure the child in a properly adjusted and fastened safety belt. (Ord. 02-02, 1-7-2002; amd. 2004 Code)
7-1-13: LEFT HAND TURNS:
Traffic entering State Route 31 from the Century Plaza driveway access point shall not be permitted to execute a left hand turn onto southbound State Route 31. (Ord. 92-20, 12-21-1992)
Any construction traffic entering Tartans Drive from any driveway access for the commercial development currently known as the Tartans Crossing Center shall not be permitted to execute a left turn onto southbound Tartans Drive. (Ord. 04-18, 8-16-2004)
7-1-14: TRAFFIC CONTROL DEVICES:
   A.   Placement: Local authorities and road district highway commissioners in their respective maintenance jurisdiction shall place and maintain such traffic control devices upon highways under their maintenance jurisdiction as are required to indicate and carry out the provisions of this title, and local traffic ordinances or to regulate, warn or guide traffic. All such traffic control devices shall conform to the state manual and specifications and shall be justified by traffic warrants stated in the manual.
   B.   Display:
      1.   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 the effectiveness of any traffic control device or any railroad sign or signal.
      2.   No person may place or maintain nor may any public authority permit upon any highway any traffic sign or signal bearing thereon any commercial advertising.
      3.   Every such prohibited sign, signal or marking is a public nuisance and the authority having jurisdiction over the highway is empowered to remove the same or cause it to be removed without notice. (Ord. 89-04, 4-3-1989)
      4.   No person shall sell or offer for sale or use any traffic control device on any street or highway which does not conform to the requirements of this title. (Ord. 89-04, 4-3-1989; amd. 2004 Code)
      5.   No person shall use any device which is capable of changing the operation of traffic signals. (2004 Code)
   C.   Interference: No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock down or remove any official traffic control device or any railroad sign or signal or any inscription, shield or insignia thereon, or any part thereof.
   D.   Unlawful Possession Of Signs: The police department and local authorities, with reference to traffic control signs, signals or markers owned by said department or local authority, are authorized to indicate the ownership of the signs, signals or markers on the backs of such devices in letters not less than three-eighths inch (3/8") nor more than three-fourths inch (3/4") in height, by use of a metal stamp, etching or other permanent means and, except for employees of the department or local authorities, police officers, contractors and their employees engaged in highway construction contract work on the highway approved by the department or local authority, it is a misdemeanor for any person to possess such sign, signal, or marker so identified. (Ord. 89-04, 4-3-1989)
7-1-15: NO RIGHT TURN ON RED SIGNAL INTERSECTIONS:
Any traffic northbound on Carrington Drive shall not be permitted to execute a right turn on a steady red signal onto eastbound Illinois Route 72. (Ord. 05-21, 7-18-2005)
7-1-16: MOTORIZED SCOOTER/SKATEBOARD:
   A.   Operation On Public Ways: No person shall operate a motor driven scooter or skateboard upon any public street, sidewalk, alleyway or bike path, or within any public parking lot or park or on any other public property.
   B.   Permitting Operation On Public Ways: No person shall cause, authorize or knowingly permit a motor driven cycle or skateboard owned by him or under his control to be operated in violation of the provisions of subsection A of this section by any person.
   C.   Exemptions: The following shall be exempt from the prohibitions contained in this section:
      1.   Any police vehicle, fire vehicle, municipal vehicle, special district vehicle or county vehicle operated by an employee in the course of his or her duties.
      2.   Motorized wheelchairs. For the purposes of this section, a "motorized wheelchair" means any motorized vehicle designed for and used by a person with disabilities.
      3.   Electric personal assistance mobility devices as defined in section 5/1-117.7 of the Illinois vehicle code. (Ord. 2011-08, 7-11-2011)

 

Notes

1
1. 625 ILCS 5/1-100 et seq.
2
1. 625 ILCS 25/1 et seq.