CHAPTER 17 - MOTOR VEHICLE CODE

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1 CHAPTER 17 - MOTOR VEHICLE CODE Ordinance Date Passed 013 Parking of Motor Vehicles in the Village of Bolingbrook Automobile and Traffic Code Amending Ord Establishing a Traffic Violations Bureau Fines to be Paid to Village Collector Amending Ord Posted No Parking Between 8:00 A.M. - 4:00 P.M. on South Side of Briarcliff - No parking at Any Time on North Side of Briarcliff Amending Ord Also Repealing Ord. 037 and All Ordinances in Conflict with this Ordinance Amending Ordinance 13 - Prohibit Parking on Any Street from 2 A.M. to 6 A.M. - No Parking on Route Parking by Fire Hydrant Way Stop - Pinecrest & Briarcliff Road Through Highways - Frontage Road - Illinois 53, Briarcliff Road - Edgehill Drive and Pinecrest Roads Way Stop at Upton & Briarcliff Road Speed Limit Stop Signs Parking and Miscellaneous Parking Parking Regulations Notice and Method of Payment Stop Signs Speed Limit on Briarcliff Road Stop Signs Stop Signs Through Streets Speed Limit on Cherokee Drive I

2 CHAPTER 17 - MOTOR VEHICLE CODE Ordinance Date Passed 352 Stop Signs Parking Prohibited in Specified Places Prohibited Turns Prohibited Turns Stop Signs Parking Lights Required Speed Restrictions Speed Limits Set Stop Signs Stop Signs Speed Restrictions Stop Signs Stop Signs Stop Signs Storage of Vehicles Resident/Non Resident Parking An Entire New Chapter Off Street Operation of Motorcycles Prohibited Vehicle Parking - Storage - Impoundment - Disposal of Unclaimed Vehicles Traffic Violation Bureau Traffic Control Signals Display of Amber Signal and Spot Lamps Parking for the Handicapped Amendment Regarding Fines Amendment Regarding Overnight Parking Regulations II

3 CHAPTER 17 - MOTOR VEHICLE CODE Ordinance Date Passed Amending Article 15 - Parking Regulations Amending Article 15 - Handicapped Parking Amending Article 15 - Parking Violators Amending Article 13 - Mandatory Use of Seat Belts Amending Article 15 - Parking or Storage of Trucks or Trailers in Residential Districts Amending Article 15 - U-Turns Prohibited Where Posted Amending Article 15 - Notice of Impounding Amending Article 15 - Sections Parking Violations, A, B and C - Section 1510-C, Section Post-Towing Notification Procedures and Article 18 - General Penalty Amending Article 15 - Section Fees, Section Fees, Section Fees, Section Fees, Section Fees, Section Penalty Amending Article 15 - Storage of Vehicles on Private or Public Property Amending Article 7 - Passing School Buses Amending Parking Violations and Fees Prohibit Double Parking Amending Fines for Municipal Code Violations Payment of Parking Tickets Reckless Driving Adding Section Vehicles Approaching "T" Intersection Establish Regulation of Sound Amplification Systems Fine for Handicapped Parking Overweight Permits With Respect to Fees and Fines Amending Fees and Routes Amending Article 14 - Traffic Signage Amending Article 12 - Sound Amplification III

4 CHAPTER 17 - MOTOR VEHICLE CODE Ordinance Date Passed Amending Article 6 - Special Speed Limit While Passing Schools Amending Fees and Fines Amending Fees, Taxes and Fines Amending Code Regarding Overweight Trucks Amending Article 12 (Sound Amplification) Amending Article 15 (Impoundment of Vehicles) Amending Prohibited Parking During Special Events Amending Notice and Method of Payment of Parking Violation Fines Amending Chapter 17, 22, 24, 30 & Amending Re Penalty for Violation of Speed Restrictions Amending Article 15 (Towing/Impoundment of Vehicles) Amending Chapters 17, 22, 24, 25, 30 & Amending Chapters 17, 24, 25, & Amending Chapters 7 & 17 Re Unpaid Parking Ticket Enforcement New Section Re Parking of Vehicles with Expired Registrations Amending Chapters 17, 24, 30 & Amending Re Administrative Penalties and Fees Fine for Violation of Handicapped Parking Regulations Amending Chapters 17, 22, 23, 24, 25, 30 & 33 Re Fees, Landscaping & Public Improvements Amending Re Jaywalking in Areas Adjacent to Schools Amending Provisions of Chapters 17, 24 & ` Amending Article 12 Re Sound Amplification Amending Article 14 Re Traffic Signage Adopt Illinois Vehicle Code Amending Article 15 Re Diesel Truck Parking & Standing IV

5 CHAPTER 17 - MOTOR VEHICLE CODE ARTICLE 1 - ILLINOIS VEHICLE CODE ADOPTED Sec ILLINOIS VEHICLE CODE ADOPTED 17-1 ARTICLE 2 - OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS ARTICLE 3 - TRAFFIC SIGNS, SIGNALS AND MARKINGS ARTICLE 4 - ACCIDENTS ARTICLE 5 - DRIVING WHILE INTOXICATED, TRANSPORTING ALCOHOLIC LIQUOR, AND RECKLESS DRIVING ARTICLE 6 - SPEED RESTRICTIONS ARTICLE 7 - DRIVING ON RIGHT SIDE OF ROADWAY: OVERTAKING AND PASSING ARTICLE 8 - TURNING AND STARTING AND SIGNALS ON STOPPING AND TURNING ARTICLE 9 - RIGHT OF WAY ARTICLE PEDESTRIANS' RIGHTS AND DUTIES ARTICLE 11 - SPECIAL STOPS REQUIRED ARTICLE 12 - EQUIPMENT STANDARDS ARTICLE 13 - MISCELLANEOUS LAWS Sec OFF STREET OPERATION OF MOTORCYCLES & OTHER MOTOR VEHICLES 17-3 ARTICLE 14 - TRAFFIC SIGNAGE Sec TRAFFIC SIGNAGE 17-4 ARTICLE 15 - PARKING REGULATIONS Sec STOPPING, STANDING OR PARKING OUTSIDE OF BUSINESS OR RESIDENCE DISTRICT OFFICERS AUTHORIZED TO REMOVE ILLEGALLY STOPPED VEHICLES PARKING PROHIBITED IN SPECIFIED PLACES NO 2:00 A.M. TO 6:00 A.M. PARKING PARKING WITH EXPIRED REGISTRATION PROHIBITED PARKING DURING SNOW REMOVAL PERIODS 17-7 i Page

6 CHAPTER 17 - MOTOR VEHICLE CODE Page UNATTENDED MOTOR VEHICLES REPAIRING VEHICLES ON THE STREETS ANGLE PARKING LESSOR OF VISITOR'S VEHICLE - DUTY STORAGE OF VEHICLES ON PRIVATE OR PUBLIC PROPERTY IMPOUNDMENT TOWING, IMMOBILIZATION AND IMPOUNDMENT/NOTICES VIOLATIONS RESULTING IN IMPOUNDMENT PRELIMINARY HEARING HEARING ADMINISTRATIVE PENALTY VEHICLE POSSESSION DISPOSAL OF UNCLAIMED VEHICLES LIABILITY OF VEHICLE OWNER AUTHORITY TO ISSUE A CITATION TO VEHICLES PARKED ON PRIVATE PARKING LOTS PARKING ON SIDEWALK OR PARKWAY PARKING OR STORING VEHICLES IN OTHER SPECIFIED PROHIBITED PLACES HANDICAPPED PARKING PENALTY FOR PARKING VIOLATIONS: LIMITATIONS ON CONTINUANCE OF VIOLATION POST-TOWING NOTIFICATION PROCEDURE EXCESSIVE STANDING OF DIESEL POWERED VEHICLES WITH THE ENGINE RUNNING ARTICLE 16 - SIZE, WEIGHT AND LOAD RESTRICTIONS Sec SCOPE AND EFFECT OF ARTICLE WIDTH OF VEHICLES HEIGHT OF VEHICLES PROJECTING LOADS ON PASSENGER VEHICLES PROTRUDING MEMBERS OF VEHICLES LENGTH OF VEHICLES PLANKING EDGE OF A PAVEMENT SPILLING LOADS ON HIGHWAYS PROHIBITED TOWED VEHICLES WEIGHT OF VEHICLE OFFICERS TO WEIGH VEHICLES AND REQUIRE REMOVAL OF EXCESS LOADS VIOLATIONS - PENALTIES ARTICLE 17 - PERMITS Sec SINGLE TRIP PERMITS FOR EXCESS SIZE AND WEIGHT LIMITED CONTINUOUS USE PERMITS FOR EXCESS SIZE AND WEIGHT FEES FOR SPECIAL PERMITS ISSUANCE FEES FEES FOR HOUSE TRAILER COMBINATIONS FEES FOR OVERDIMENSION VEHICLES, COMBINATIONS, AND LOADS, OTHER THAN HOUSE TRAILER COMBINATIONS FEES FOR OVERWEIGHT - GROSS LOADS PERMIT AND FEE FOR REPEATED MOVES DIRECTLY ACROSS ii

7 CHAPTER 17 - MOTOR VEHICLE CODE Page STREETS OR HIGHWAYS SINGLE TRIP FEES FOR BUILDINGS AND SPECIAL MOVES FEES FOR ENGINEERING INSPECTIONS OR FIELD INVESTIGATIONS FEES FOR POLICE ESCORT SUPPLEMENTAL PERMIT FEE PAYMENT OF FEES EXEMPTIONS TO REQUIREMENT OF FEES DISPLAY OF PERMIT REQUIRED PENALTY ROUTES ARTICLE 18 - PENALTY Sec GENERAL PENALTY ARTICLE 19 - TRAFFIC VIOLATIONS BUREAU Sec PURPOSE NOTICE AND METHOD OF PAYMENT PLACE OF PAYMENT iii

8 CHAPTER 17 - MOTOR VEHICLE CODE ARTICLE 1 -- ILLINOIS VEHICLE CODE ADOPTED (Changed in its entirety by Ordinance , ) SECTION ILLINOIS VEHICLE CODE ADOPTED. A. The provisions of the Illinois Vehicle Code (625 ILCS 5/), as now existing or hereafter amended, except for those provisions which by their nature can have no application to the village, are hereby adopted by reference and made a part of this chapter with the same force and effect as if set forth at length herein. It shall be unlawful for any person to violate any of the provisions of the Illinois Vehicle Code. B. Citations for violations of the aforesaid chapters of the Illinois Vehicle Code adopted by reference herein may be issued by authorized personnel of the village. C. The burden of proof for any offense classified as a petty offense in the Illinois Vehicle Code adopted herein shall be by a preponderance of the evidence. Offenses classified therein as misdemeanor offenses shall be proven beyond a reasonable doubt. 1

9 ARTICLE 2 - OBEDIENCE TO AND EFFECT OF TRAFFIC LAWS ARTICLE 3 - TRAFFIC SIGNS, SIGNALS AND MARKINGS ARTICLE 4 - ACCIDENTS ARTICLE 5 - DRIVING WHILE INTOXICATED, TRANSPORTING ALCOHOLIC LIQUOR, AND RECKLESS DRIVING ARTICLE 6 - SPEED RESTRICTIONS ARTICLE 7 - DRIVING ON RIGHT SIDE OF ROADWAY: OVERTAKING AND PASSING ARTICLE 8 - TURNING AND STARTING AND SIGNALS ON STOPPING AND TURNING ARTICLE 9 - RIGHT OF WAY ARTICLE 10 - PEDESTRIANS RIGHTS AND DUTIES ARTICLE 11 - SPECIAL STOPS REQUIRED ARTICLE 12 - EQUIPMENT STANDARDS 2

10 ARTICLE 13 - MISCELLANEOUS LAWS (Changed in its entirety by Ordinance , ) SECTION OFF-STREET OPERATION OF MOTORCYCLES AND OTHER MOTOR VEHICLES. (A) No person shall operate any motorcycle, motor-driven cycle, go-cart, or other similar motor vehicle on any public property within the Village of Bolingbrook, except the roadway of a public street, and then only if such vehicle is otherwise duly licensed for operation on such roadway. (B) No person shall operate any motorcycle, motor-driven cycle, go-cart, or other similar motor vehicle on any private property within the Village of Bolingbrook, except such areas as may have been designated as motorcycle recreation areas, without first securing the prior permission of the owner of such property in writing. Any person so authorized to operate a motorcycle, motor-driven cycle, go-cart, or other similar motor vehicle on private property shall have a copy of such written authorization in his possession at all times that he is operating such vehicle on such property. (C) It shall be unlawful to operate a motorcycle, motor-driven cycle, go-cart, or other similar motor vehicle within the Village of Bolingbrook on any public or private property within the Village in such a manner as to create loud or offensive noises that disturb the peace and quiet of the occupants in residences or other structures in the vicinity of the property on which such vehicles are operated (even though written permission has been granted to operate on the property). 3

11 ARTICLE 14 - TRAFFIC SIGNAGE. (Changed in its entirety by Ordinance , ) ARTICLE 14 - TRAFFIC SIGNAGE. SECTION TRAFFIC SIGNAGE. The Traffic Committee shall have the authority to determine the location of traffic signage as may be appropriate under this Chapter, including parking regulation, stop, yield, and one way streets, speed limit signs, pavement striping, advisory signage and traffic calming measures. The Public Works Director shall cause appropriate signage to be erected and maintained pursuant to the Traffic Committee's designation. In designating such traffic signage, the Traffic Committee shall consider the volume of traffic at the intersection/street, the safety of drivers and pedestrians at the intersection/street, and the needs of free and coordinated traffic movement through the intersection and throughout the street system of the Village. The Board of Trustees hereby delegates the authority to designate traffic signage to the Traffic Committee; provided, however, any stop, one way or yield street or other traffic regulation designated by the Traffic Committee pursuant to this Section may be revoked by the Mayor and Board of Trustees by the adoption of a resolution directing the Traffic Committee to revoke such designation. 4

12 ARTICLE 15 - PARKING REGULATIONS SECTION STOPPING, STANDING OR PARKING OUTSIDE OF BUSINESS OR RESIDENCE DISTRICT. (A) Upon any street or highway outside of a business or residence district, no person shall stop, park, or leave standing any vehicle, whether attended or unattended, upon the paved or main traveled part of the street or highway when it is practical to stop, park, or so leave such vehicle off such part of said street or highway, but in every event a clear and unobstructed width of the highway opposite such standing vehicle shall be left for the free passage of other vehicles and a clear view of such stopped vehicle shall be available from a distance of two hundred (200) feet in each direction upon such street or highway. (B) This section shall not apply to the driver of any vehicle which is disabled while on the paved or main traveled portion of a street or highway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position; provided, however, that at least one (1) door of any motor vehicle permitted to stand unattended on the paved or main traveled part of any street or highway shall be left unlocked. SECTION OFFICERS AUTHORIZED TO REMOVE ILLEGALLY STOPPED VEHICLES. (A) Whenever any police officer finds a vehicle standing upon a street or highway in violation of any of the provisions of this article, such officer is authorized to move such vehicle, or require the driver or other person in charge of the vehicle to move the same, to a position off the paved or improved or main traveled part of such street or highway. (B) Any police officer is hereby authorized to remove or cause to be removed to a place of safety, at the expense of the owner, any unattended, abandoned or disabled vehicle left standing upon any street, highway, bridge, causeway or elevated structure, or within a tunnel underpass or subway, in such a position or under such circumstances as to obstruct the normal movement of traffic for a period of twenty-four (24) hours or more. The same authority is also granted regarding any vehicle found upon any street or highway when: 1. Report has been made that such vehicle has been stolen, or taken without the consent of its owner; or 2. The person or persons in charge of such vehicle is unable to provide for its custody or removal; or 3. When the person driving or in control of such vehicle is arrested for an alleged offense for which the officer is required by law to take the person before a proper judicial official without unnecessary delay. SECTION PARKING PROHIBITED IN SPECIFIED PLACES. (A) No person shall park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device, in any of the following places: 1. On a sidewalk. 2. In front of a public or private driveway. 3. Within an intersection. 5

13 4. Within fifteen (15) feet of a fire hydrant. 5. On a crosswalk. 6. Within twenty (20) feet of a crosswalk at an intersection. 7. Within thirty (30) feet upon the approach to any flashing beacon, stop sign, or traffic control signal located at the side of a roadway. 8. Within fifty (50) feet of the nearest rail of a railroad grade crossing. 9. Within twenty (20) feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of said entrance when properly sign posted. 10. Alongside or opposite any street excavation or obstruction when such parking would obstruct traffic. 11. On the roadway side of any vehicle parked at the edge or curb of a street. 12. Upon any bridge or other elevated structure, upon a highway, or within a highway tunnel. 13. At any place where official signs prohibit parking. 14. At any place where official signs indicate a designated area as a fire lane and/or the roadside curbing is painted yellow indicating a specified area as a fire lane. 15. In any parking place specifically reserved, by the posting of an official sign, for handicapped parking, unless said vehicle displays a registration plate or a decal issued to a physically handicapped person or disabled veteran. (Ordinance , ) 16. In such a manner as to obstruct or prevent a legally parked vehicle from exiting a legal parking space. (Ordinance , ) (B) No person other than a police officer, as provided in Section of this chapter, shall move a vehicle into any such prohibited area or away from a curb such distance as is unlawful, or start or cause to be started the motor of any motor vehicle, or shift, change, or move the levers, brake, starting device, gears, or other mechanism of a parked motor vehicle to a position other than that in which it was left by the owner or driver thereof, or attempt to do so. (C) The Chief of Police or his designee is authorized, upon directive from the Mayor, to post temporary signs prohibiting parking on any street or in any other public place during special events or emergencies. No person shall park a vehicle in anyplace where a sign is posted prohibiting parking by order of the Chief of Police. (Ordinance , ) SECTION NO 2:00 A.M. TO 6:00 A.M. PARKING. No person shall park, or cause to be parked any motor vehicle on any street, parkway, alley or other public place during the hours of 2:00 A.M. to 6:00 A.M. without first notifying and receiving the approval of the Bolingbrook Police Department. 6

14 This requirement may be varied by the Village President and Board of Trustees. The procedure for obtaining a variance shall be as follows: Petitioner shall submit an application to the Traffic Committee which shall be appointed by the Village Manager (Administrator) and which shall consist of a representative from each of the following departments: (l) Police Department; (2) Fire Department; (3) Public Works and Engineering Department; and (4) Community Development Department. The Traffic Committee shall consider the request in terms of whether or not the variation would jeopardize the health, safety and welfare of the residents of the Village, as well as the health, safety and welfare of the residents within the immediate neighborhood and/or subdivision, and shall submit their findings and recommendation to the Village President and Board of Trustees. (Ordinance , ) SECTION PARKING WITH EXPRIED REGISTRATION PROHIBITED. (Added in its entirety by Ordinance , ) (A) It shall be unlawful for any person to stop, park or leave standing upon a public street, highway, or roadway a vehicle upon which is displayed an Illinois registration plate or plates or registration sticker after the termination of the registration period for which the registration plate or plates or registration sticker was issued. (B) Any person who violates the provisions of this Section shall be fined Twenty Five Dollars ($25.00), and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. SECTION PARKING DURING SNOW REMOVAL PERIODS. There shall be no parking on any public streets, parkways, alleys or other public places during any snow removal operation when the accumulation of snow exceeds two (2) inches in depth, until such snow removal operation has been completed. SECTION UNATTENDED MOTOR VEHICLES. It shall be unlawful for the operator of any motor vehicle to permit said vehicle to stand or be parked unattended without first stopping the engine, locking the ignition and removing the key and, when standing upon a perceptible grade, setting the brake thereon and turning the front wheels to the curb. SECTION REPAIRING VEHICLE ON THE STREETS. It shall be unlawful for the operator or owners to repair or to allow repairs to be done to a motor vehicle while said vehicle is on a street or roadway, except for emergency repairs required to permit the vehicle to be safely moved from such street or roadway. SECTION ANGLE PARKING. (A) Unless angle parking is expressly permitted by duly posted signs and markings, every vehicle stopped or parked upon a street or roadway where there is an adjacent curb shall be so stopped or parked with the right-hand wheels of such vehicle parallel with and within twelve (12) inches of the right-hand curb. (B) Every vehicle stopped or parked upon a one-way roadway shall be so stopped or parked parallel to the curb or edge of the roadway, in the direction of authorized traffic movement, with its right-hand wheels within twelve (12) inches of the right-hand curb or edge of the roadway, or its lefthand wheels within twelve (12) inches of the left-hand curb or edge of the roadway. SECTION LESSOR OF VISITOR'S VEHICLE - DUTY. Every person in whose name a vehicle is registered pursuant to law and who leases such vehicle to others, after receiving written notice of a violation of this Chapter 17 or a parking regulation of the Village of Bolingbrook involving such vehicle, shall upon request provide the Police Department, and the court having jurisdiction of the 7

15 offense, with a written statement of the name and address of the lessee at the time of such offense and the identifying number upon the registration plates of such vehicle. SECTION STORAGE OF VEHICLES ON PRIVATE OR PUBLIC PROPERTY. No person shall abandon, park, store, or leave or permit the abandonment, parking, storage, or leaving of any vehicle or part thereof which is unlicensed, has an expired state motor vehicle license, has an expired municipal motor vehicle license, is abandoned, is wrecked, is dismantled or is in an inoperative condition, upon any private property or public property, within the Village of Bolingbrook, for a period in excess of five (5) days, unless such vehicle or part thereof, is completely enclosed within a building in a lawful manner, where it is not plainly visible from the street or other public or private properties, or unless such vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or a junk yard. (Ordinance , ) DEFINITIONS. The following definitions shall apply in the interpretation and enforcement of this Section: (A) Person. Any person, firm, partnership, association, corporation, company or organization of any kind. (B) (C) (D) Vehicle. A machine propelled by power other than human power, designed to travel along the ground by use of wheels, treads, runners or slides and transport persons or property, or pull machinery, and shall include, without limitation, automobiles, truck trailers, motorcycles, tractors and wagons. Street or Highway. The entire width between the boundary lines of every way publicly maintained when any part thereof is open to use of the public for purpose of vehicular travel. Property. Any real property within the Village of Bolingbrook or any Village property within or without the corporate limits which is not a street or highway. SECTION IMPOUNDMENT. (Amended in its entirety by Ordinance , ) Subject to the provisions hereinafter set forth, the Chief of Police or his designee is authorized to remove or have removed any vehicle left at any place within the Village, on any Village street or on any Village property, within or without the corporate limits of the Village, which reasonably appears to be in violation of this Chapter or to be lost, stolen or unclaimed. Such vehicle shall be impounded until lawfully claimed or disposed of in accordance with the statutes of the State of Illinois and the provisions of this Article. NOTE: Sections through added in their entirety by Ordinance , SECTION TOWING, IMMOBILIZATION AND IMPOUNDMENT/NOTICES. (Changed in its entirety by Ordinance , ) (A) Any vehicle that is illegally parked on a Village street or which is illegally parked on Village property may be towed and impounded without prior notice to the owner; however, a prompt post-towing hearing shall be available as provided in Section and (B) Any vehicle that has been included on the Village's Tow/Impoundment List and which is located on a public street or on public property may be towed, immobilized or impounded without prior notice to the registered owner; however, a prompt post-towing hearing shall be available as provided in Sections and

16 A vehicle is included on the Village's Tow/Impoundment List when the registered owner of the vehicle has accumulated ten or more non-moving traffic violations and has failed to either (a) make payment for the violations or (b) file a Request for Hearing or an appearance in the administrative adjudication proceeding to contest the violations, as provided in Chapter 7, Article 2, of the Municipal Code. As provided in Section of the Municipal Code, at least twenty-one (21) days before the vehicle is placed on the Tow/Impoundment List, the Village shall cause notice to be sent to the registered owner of the vehicle, by certified mail, return receipt requested, of the impending inclusion of the vehicle on the Tow/Impoundment List. Thereafter, the vehicle shall be included on the Tow/Impoundment list and shall be eligible for towing, immobilization or impoundment when located on any public street or public property. At any post-tow/immobilization/impoundment hearing pursuant to Sections or , only the propriety of towing, immobilizing or impounding the vehicle in accordance with this Section shall be addressed. The propriety of the non-moving traffic citations shall not be addressed in such hearings. (C) Any vehicle that is illegally located on private property shall not be removed and impounded as provided herein, until the Bolingbrook Police shall have given notice of the intent to remove said vehicle within five (5) days from the date of such notice. Such notice shall be given by: (1) Affixing notice on such vehicle; or (2) Sending notice by mail to the owner of such vehicle at his last known address, if the owner is reasonably ascertainable; or (3) Sending notice by mail to the person owning or controlling the property on which such vehicle is located. Should the vehicle not be brought into compliance with the provisions of this Chapter within the five (5) day notice period, then the Chief of Police or his designee may request an appropriate court order for impoundment of the vehicle. Upon obtaining an appropriate court order, the Chief of Police or his designee may enter upon private property at all reasonable hours for the purpose of inspecting such vehicle and removing and impounding such vehicle, and it shall be unlawful for any person to prevent the Chief of Police from entering on private property for the purpose of carrying out his duties hereunder or to interfere with him in the lawful performance of his duties under the provisions of this Article. (D) A motor vehicle operated with the permission, express or implied, of the owner of record that is used in connection with the violations identified in Section shall be subject to seizure and impoundment by the Village, and the owner of record of said vehicle shall be liable to the Village for an administrative penalty, as provided in Section , in addition to any towing and storage fees. Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this Subsection, the police officer shall provide for the towing of the vehicle to a facility authorized by the Village. Before or at the time the vehicle is towed, the police officer shall notify any person identifying himself as the owner of the vehicle or any person who is found to be in control of the vehicle at the time of the alleged violation, of the fact of the seizure and of the vehicle and of the owner s right to request a preliminary vehicle impoundment hearing to be conducted under Section Said vehicle shall be impounded pending the completion of the hearings provided for in Section and Section unless the owner of the vehicle posts with the Village 9

17 a cash bond in the amount of any administrative penalty as provided in Section and pays the towing, immobilization and storage charges. Notwithstanding the foregoing, seizure and impoundment under this subsection shall not apply if the vehicle used in the violation was stolen and the theft was reported to the appropriate police authorities within 24 hours after the theft was discovered. (E) The Chief of Police or other police officer may tow, or cause to be towed, any vehicle abandoned, illegally parked, or otherwise kept in violation of the provisions of this Article, to a suitable storage area. SECTION VIOLATIONS RESULTING IN IMPOUNDMENT. Pursuant to Section (C), whenever a vehicle is used in connection with the commission of any of the following offenses or their equivalents pursuant to Village ordinance, the vehicle shall be subject to towing and impoundment as provided in Section : (A) Forcible felonies under the Illinois Criminal Code of 1961 (720 ILCS 5/2-8): 720 ILCS 5/9-1 First degree murder 720 ILCS 5/9-2 Second degree murder 720 ILCS 5/10-1 Kidnapping 720 ILCS 5/10-2 Aggravated kidnapping 720 ILCS 5/12-4 Aggravated battery (resulting in great bodily harm. 720 ILCS 5/12-13 Criminal sexual assault 720 ILCS 5/12-14 Aggravated criminal sexual assault 720 ILCS 5/ Predatory criminal sexual assault 720 ILCS 5/18-1 Robbery 720 ILCS 5/19-1 Burglary 720 ILCS 5/19-3 Residential burglary 720 ILCS 5/20-1 Arson 720 ILCS 5/ Aggravated arson 720 ILCS 5/30-1 Treason 720 ILCS 5/9-3 Involuntary manslaughter and reckless homicide 720 ILCS 5/11-6 Indecent solicitation of a child 720 ILCS 5/11-14 Prostitution 720 ILCS 5/11-15 Soliciting for a prostitute 720 ILCS 5/ Soliciting for a juvenile prostitute 720 ILCS 5/11-16 Pandering 720 ILCS 5/11-18 Patronizing a prostitute 720 ILCS 5/ Patronizing a juvenile prostitute 720 ILCS 5/11-19 Pimping 720 ILCS 5/ Juvenile pimping 720 ILCS 5/ Exploitation of a child 720 ILCS 5/12-2 Aggravated assault 720 ILCS 5/12-4 Aggravated battery 720 ILCS 5/ Heinous battery 720 ILCS 5/ Aggravated battery with a firearm 720 ILCS 5/ Aggravated battery of a child 720 ILCS 5/ Aggravated battery of a senior citizen 720 ILCS 5/ Drug induced infliction of great bodily harm 720 ILCS 5/20-2 Possession of explosives or incendiary device 720 ILCS 5/24-1 Unlawful use of weapon 10

18 720 ILCS 5/ Aggravated discharge of a firearm 720 ILCS 5/ Unlawful use of firearm projectile (armor piercing bullets) 720 ILCS 5/ Unlawful possession of firearms/ammunition 720 ILCS 5/ Unlawful sale or delivery of firearms at school 720 ILCS 5/ False impersonation of a peace officer 720 ILCS 5/ Aggravated false impersonation of a peace officer 720 ILCS 5/33 A-2 Armed violence 720 ILCS 550/4 Possession of cannabis 720 ILCS 550/5 Manufacture, delivery, possession-intent to deliver cannabis 720 ILCS 550/5.1 Cannabis trafficking 720 ILCS 550/5.2 Delivery of cannabis on school grounds 720 ILCS 550/8 Possession of cannabis sativa plant 720 ILCS 570 (Paragraphs 1401 through 1413) Controlled Substances Act 720 ILCS 600/3.5 Possession of drug paraphernalia 720 ILCS 551/1 Curfew 720 ILCS 555/2 Curfew (C) Traffic Offenses: 625 ILCS 5/6-101 Operating a motor vehicle with no valid drivers license 625 ILCS 5/6-303(a)1 Operating a motor vehicle with suspended drivers license 625 ILCS 5/6-303(a)2 Operating a motor vehicle with revoked drivers license 625 ILCS 5/ D.U.I. alcohol, intoxicating compounds and/or other drugs 625 ILCS 5/3-702 Operation when registration cancelled, suspended or revoked 625 ILCS 5/3-703 Operating with false, fraudulent, stolen or altered registration 625 ILCS 5/3-708 Operation while registration suspended for mandatory insurance 625 ILCS 5/3-710 Presenting or displaying a false, fraudulent insurance card 625 ILCS 5/ Fleeing or attempting to elude a peace officer 625 ILCS 5/ Aggravated fleeing or attempting to elude a peace officer 625 ILCS 5/ Hit and run (personal injury) 625 ILCS 5/ Hit and run (property damage) 625 ILCS 5/ Hit and run (duty to render aid) 625 ILCS 5/ Hit and run (unattended motor vehicle) 625 ILCS 5/ Illegal use of flashing red lights front of vehicle 625 ILCS 5/ Illegal use of oscillating, rotating or flashing lights 625 ILCS 5/5-502 Transportation or possession of open alcoholic liquor in vehicle 625 ILCS 5/5-503 Reckless driving 625 ILCS 5/5-504 Drag racing 625 ILCS 5/5-505 Prohibited maneuver squealing, screeching tires 625 ILCS 5/ Loud sound amplification violation (75 feet) 625 ILCS 5/ Loud/altered muffler 625 ILCS 5/12-503(a) Tinted windows SECTION PRELIMINARY HEARING. If the owner of record of a vehicle seized pursuant to this Article desires to immediately appeal the seizure, said owner must make a request for said hearing within twenty-four (24) hours of the seizure. Said request shall be in writing and filed with the Chief of Police or his designee, who shall conduct such preliminary hearing within 24 hours after receipt of the request, excluding Saturdays, Sundays, or Village holidays. All interested persons shall be given a reasonable opportunity to be heard at the preliminary vehicle impoundment hearing. The formal rules of evidence will not apply at the hearing, and hearsay evidence shall be admissible only if it is the type commonly relied upon by reasonably prudent persons in the conduct of their affairs. If, after the hearing, the Chief of Police or his designee determines there is probable cause to believe that the vehicle is subject to seizure and impoundment pursuant to this Article, he shall order the continued impoundment of the vehicle as provided in this Article unless the owner of the vehicle posts with the 11

19 Village a cash bond in the amount equal to any administrative fees, as provided in Section , and pays the tower any applicable towing and storage fees. If the Chief of Police or his designee determines that there is no such probable cause, the vehicle will be returned without penalty or other fees. SECTION HEARING. Within ten days after a vehicle is seized and impounded pursuant to this Article, the Village shall notify, by certified mail, return receipt requested, the owner of record of the date, time and location of a hearing that will be conducted pursuant to this Article. The owner will appear at a hearing and enter a plea of guilty or not guilty. If a plea of guilty is entered, the case will be disposed of at that time. If the owner pleads not guilty, a final hearing shall be scheduled and held, unless continued by order of the Hearing Officer, no later than 45 days after the vehicle was seized. All interested persons shall be given a reasonable opportunity to be heard at the hearing. At any time prior to the hearing date, the Hearing Officer may, at the request of either party, direct witnesses to appear and give testimony at the hearing. The formal rules of evidence will not apply at the hearing, and hearsay evidence shall be admissible only if it is the type commonly relied upon by reasonably prudent persons in the conduct of their affairs. The Hearing Officer shall determine by a preponderance of evidence whether the towing and seizure of the vehicle were authorized pursuant to this Article. If the towing and seizure are affirmed by the Hearing officer, the vehicle shall continue to be impounded until the owner pays any administrative penalty due the Village in addition to fees to the tower for the towing and storage of the vehicle. If the owner of record fails to appear at the hearing, the Hearing Officer shall enter a default order in favor of the Village. If the Hearing Officer finds that no such violation occurred, the Hearing Officer shall order the immediate return of the owner s vehicle or cash bond without fees. SECTION ADMINISTRATIVE PENALTY. An administrative penalty in the amount of Three Hundred Dollars ($300.00) shall be assessed against the owner of record of any vehicle that is found to have been lawfully seized and impounded pursuant to Section (C). (Ordinance , ) The administrative fee shall be in addition to any towing or storage charges or fines otherwise imposed under this Chapter. If an administrative penalty is imposed pursuant to this Section, such penalty shall constitute a debt due and owing to the Village. If a cash bond has been posted pursuant to this Article, the bond shall be applied to the penalty. If a vehicle has been impounded when such a penalty is imposed, the Village may seek to obtain a judgment against the vehicle as provided by law. Except as provided otherwise in this Article, a vehicle shall continue to be impounded until the penalty is paid to the Village and any applicable towing and storage fees are paid to the tower, in which case possession of the vehicle shall be given to the person who is legally entitled to possess the vehicle or the vehicle is sold or otherwise disposed of to satisfy a judgment to enforce a lien as provided by law. If the administrative penalty and applicable fees are not paid within 30 days after an administrative penalty is imposed against an owner of record who defaults by failing to appear at the hearing, the vehicle shall be deemed unclaimed and shall be disposed of in the manner provided by law for the disposition of unclaimed vehicles. In all other cases, if the administrative penalty and applicable fees are not paid within 30 days after the expiration of time at which an action seeking administrative review has been resolved in favor of the Village, whichever is applicable, the vehicle shall be deemed unclaimed and shall be disposed of in the manner provided by law for the disposition of unclaimed vehicles under the Illinois Vehicle Code. SECTION VEHICLE POSSESSION. (A) Except as otherwise specifically provided by law, no owner, lien holder or other person shall be legally entitled to take possession of a vehicle impounded under this Article until the administrative penalty and fees applicable under this Article have been paid. However, whenever a person with a lien of record against an impounded vehicle has commenced foreclosure proceedings, possession of the vehicle shall be given to that person if he or she agrees in writing to refund to the Village the amount of the net proceeds of any foreclosure sale, less any amounts required to pay all lien holders of record, not to exceed the administrative penalty, plus the applicable fees. 12

20 (B) For purposes of this Section, the owner of record of a vehicle is the record title holder as registered with the Secretary of State, State of Illinois. (C) Only the owner of record may obtain the release of the HOLD on a vehicle upon payment of the full amount due and submission of ownership documentation. (1) An owner s representative may obtain release of the vehicle if he or she provides an original, written, notarized letter giving that person permission to have the vehicle. (2) A valid driver s license or state issued photo I.D. card must be produced by the person wishing to retrieve any vehicle. (3) Long term lessees or renters must produce the agreement naming them. (D) All vehicles allegedly used in felony drug violations are subject to permanent forfeiture under various Illinois and federal provisions. Therefore, there will be a hold on all impounds for narcotics cases until the authorities reach a decision concerning whether or not to forfeit a particular vehicle. This process can take from one to ten days, and owners are still subject to the full accrued storage charges if the Bolingbrook Police Department releases the vehicle. SECTION DISPOSAL OF UNCLAIMED VEHICLES. (A) Record Searches. When the Police Department does not know the identity of the registered owner or other legally entitled person, the Chief of Police will cause the vehicle registration records of the State of Illinois to be searched by the Secretary of State for the purpose of obtaining the required ownership information. The Chief of Police will cause the stolen motor vehicle files of the State Police to be searched by a directed communication to the State Police for stolen or wanted information on the vehicle. When the State Police files are searched with negative results, the information contained in the National Crime Information Center (NCIC) files will be searched by the State Police. The information determined from these record searches will be returned to the Police Department for the Department's use in sending a notification by certified mail to the owner or legally entitled person advising where the vehicle is held, requesting a disposition be made and setting forth public sale information. Exceptions to a notification by certified mail to the registered owner or other legally entitled person are set forth in paragraph E of this Section. (B) Identifying and Tracing of Vehicle Ownership by Illinois State Police. When the registered owner or other person legally entitled to the possession of a vehicle cannot be identified from the registration files of this State or from the registration files of a foreign state, if applicable, the Police Department shall notify the State Police, for the purpose of identifying the vehicle owner or other person legally entitled to the possession of the vehicle. The information obtained by the State Police will be immediately forwarded to the Police Department for notification of owner purposes as set forth in paragraph A of this Section. (Ordinance , ) (D) Disposal of Unclaimed Vehicles. When an abandoned, lost, stolen or unclaimed vehicle seven (7) years of age or newer remains unclaimed by the registered owner or other person legally entitled to its possession for a period of thirty (30) days after notice has been given as provided in paragraph A and B of this Section, the Police Department or towing service having possession of the vehicle shall cause it to be sold at public sale to the highest bidder. Notice of the time and place of the sale shall be posted in a conspicuous place for at least ten (10) days prior to the sale on the premises where the vehicle has been impounded. At least 10 days prior to the sale, the Police Department or the towing service where the vehicle is impounded, shall cause a notice of the time and place of the sale to be sent by certified mail to the registered owner or other person known by the Police Department or towing service to be legally entitled to the possession of the vehicle. Such notice 13

21 shall contain a complete description of the vehicle to be sold and what steps must be taken by any legally entitled person to reclaim the vehicle. In those instances where the certified notification specified in paragraph A and B of this Section has been returned by the postal authorities to the law enforcement agency or towing service due to the addressee having moved, or being unknown at the address obtained from the registration records of this State, the sending of a second certified notice will not be required. (E) Disposal of Unclaimed Vehicles Without Notice. (1) When the identity of the registered owner or other person legally entitled to the possession of an abandoned, lost, or unclaimed vehicle of four (4) years of age or newer cannot be determined by any means provided for in this Section, the vehicle may be sold as provided in paragraph D without notice to the registered owner or other person legally entitled to the possession of the vehicle. (2) When an abandoned vehicle of more than seven (7) years of age is impounded as specified by this Section, it will be kept in custody for a minimum of ten (10) days for the purpose of determining ownership, the contacting of the registered owner by the U.S. Mail, public service or in person for a determination of disposition; and, an examination of the State Police stolen vehicle files for theft and wanted information. At the expiration of the ten (10) day period, without the benefit of disposition information being received from the registered owner, the Police Department will authorize the disposal of the vehicle as junk only. (3) A vehicle classified as an antique vehicle may however be sold to a person desiring to restore it. (F) Police Reports After Vehicle is Reclaimed or Disposed of. When a vehicle in the custody of the Police Department is reclaimed by the registered owner or other legally entitled person, or when the vehicle is sold at public sale or otherwise disposed of as provided in this Section, a report of the transaction will be maintained by the Police Department for a period of one year from the date of the sale or disposal. (G) Disposition of Proceeds of Sale of Unclaimed Vehicles. When a vehicle located within the corporate limits of the Village is authorized to be towed away by the Police Department and disposed of as set forth in this Section, the proceeds of the public sale or disposition after the deduction of towing, storage and processing charges shall be deposited in the treasury of the Village. A law enforcement officer or the Police Department, towing service owner, operator or employee shall not be held to answer or be liable for damages in any action brought by the registered owner, former registered owner or his legal representative, or any other person legally entitled to the possession of a vehicle when the vehicle was processed and sold or disposed of as provided by this Section. SECTION LIABILITY OF VEHICLE OWNER. Whenever any vehicle shall have been parked in violation of any of the provisions of this Article prohibiting or restricting parking, the person in whose name such vehicle is registered shall be prima facie responsible for such violation and subject to the penalty therefor. (Ordinance , ) SECTION AUTHORITY TO ISSUE A CITATION TO VEHICLES PARKED ON PRIVATE PARKING LOTS. Unless the owner of the parking lot objects, the police officers of the Village are hereby authorized to go upon any parking area open for use by invitees and issue citations for any motor vehicle which does not display the license sticker issued pursuant to Chapter

22 SECTION PARKING ON SIDEWALK OR PARKWAY. No person shall park a vehicle except when necessary to avoid conflict with other traffic or compliance with the directions of a police officer or a traffic control device in any of the following places: (1) on the sidewalk, or a place where a sidewalk would normally be constructed if there is no sidewalk, and (2) between the curb and sidewalk, or a place where a sidewalk would normally be constructed, if there is no sidewalk. SECTION PARKING OR STORING VEHICLES IN OTHER SPECIFIED PROHIBITED PLACES. 1. No automobiles, house trailers, camping trailers, boat trailers, camping buses, camper trucks, buses, trucks or other trailers or motor vehicles shall be stored or parked: a. In any front yard in any residential district, or b. In any side yard in any residential district that is adjacent to the right-of-way line of a public street. For the purpose of this Section , a vehicle shall be deemed to have been stored or parked when it is stationed, stopped, or standing anywhere within any such front or side yard, except that vehicles parked on a driveway shall not be deemed to be stored for the purpose of this paragraph 1, notwithstanding the provisions of paragraph 1 thereof. 2. No recreational vehicle, including but not limited to camping trailers, boat trailers, boats, camping buses, or camper trucks, shall be stored in a driveway: a. In any front yard in a residential district, and b. In any side yard in any residential district that is adjacent to the right-of-way line of a public street. For the purpose of this Section , a recreational vehicle shall be deemed to have been stored on a driveway in any such front or side yard when it has been parked thereon for more than forty-eight (48) hours in any week. (Ordinance , ) 3. No trucks, buses, trailers, or other types of motor vehicles which either exceed nine (9) feet in height or twenty (20) feet in length, or 8,000 pounds in gross weight shall be parked or stored in any area within a residential district. (Ordinance , ) SECTION HANDICAPPED PARKING. (A) ESTABLISHMENT OF HANDICAPPED PARKING SPACES ON PRIVATE PROPERTY DEVOTED TO PUBLIC USE. Handicapped parking spaces are hereby established pursuant to Section 315 of the BOCA Basic Building Code 1978, adopted by Section of this Municipal Code, as follows: Whenever the Fire Marshal or Police Chief of the Village finds that a handicapped parking space or spaces is/are required by the aforesaid BOCA provisions, he shall recommend to the President and Board of Trustees of the Village of Bolingbrook that they designate such space or spaces as may be required for handicapped parking. The Fire Marshal or Police Chief shall then cause to be erected above-grade signs designating such space or spaces as reserved for handicapped persons. 15

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