Plano City Zoning Code
TITLE 10
MOTOR VEHICLES AND TRAFFIC
CHAPTER 1 VEHICLE LICENSES
(Rep. by Ord. 1991-25, 7-22-1991)
10-2-1: DEFINITIONS:
The Illinois Vehicle Code, Illinois Compiled Statutes, Chapter 625, Chapter 5/1, entitled "Title and Definitions", as passed, approved and amended by the Illinois General Assembly, is hereby adopted and the provisions thereof shall be controlling within the corporate limits of the City. To the extent a provision or definition of the Illinois Vehicle Code conflicts with any other provision or definition in Title 10, the Illinois Vehicle Code language shall control.
The following words and phrases when used in this Title shall, for the purpose of this Title, have the meanings respectively ascribed to them in this Section:
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: Police vehicles, vehicles of the Fire Department and ambulances and emergency vehicles of Municipal departments or public service corporations.
BICYCLE: Every device propelled by human power upon which any person may ride, having two (2) tandem wheels either of which is more than twenty inches (20") in diameter.
BUSINESS DISTRICT: The closely built up business portion of the City.
COMBINATION OF VEHICLES: Every combination of vehicles includes any combination of two (2) vehicles, any combination of a truck tractor with a semi-trailer drawing one trailer, and any combination of a truck in-transit drawing two (2) trucks in-transit coupled together by the dual saddlemount method.
CROSSWALK: That portion of a roadway ordinarily included within the prolongation or connection of the lateral lines of sidewalks at intersections or any portion of a roadway 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.
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.
IMPLEMENT OF HUSBANDRY: Every vehicle designed and adapted for agricultural, horticultural or livestock raising operations, including farm tractors, farm wagons, wagon trailers or other vehicles used in connection therewith, or for lifting or carrying an implement of husbandry.
IMPROVED HIGHWAY: Shall be construed to include roadways of concrete, brick, asphalt, macadam and gravel.
INTERSECTION: The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundaries of the roadways of two (2) highways which join one another at right angles or the area within which vehicles traveling upon different roadways joining at any other angle may come in conflict. 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.
LANED ROADWAY: A roadway which is divided into two (2) or more clearly marked lanes for vehicular traffic.
MERGING TRAFFIC: A maneuver executed by the drivers of vehicles on converging roadways to permit simultaneous or alternate 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 TIRE: Every tire, the surface of which in contact with the highway is wholly or partly of metal or other hard nonresilient material.
MOTOR VEHICLE: Every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails.
For the purpose of this Title, motor vehicles as a class shall be divided into the following two (2) divisions: (Ord. 1962-15)
First Division: Those vehicles which are designed and used for the carrying of not more than ten (10) persons.
Second Division: Those vehicles which are designed and used for pulling or carrying freight and also those vehicles or motor cars which are designed and used for the carrying of more than ten (10) persons. (Ord. 1962-15; 1989 Code)
MOTORCYCLES: Every motor vehicle having a saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground but excluding a tractor.
OFFICIAL TRAFFIC CONTROL DEVICES: All signs, signals, markings and devices placed or erected by authority of the City Council for the purpose of regulating, warning or guiding traffic.
OWNER: A person who holds the legal title of a vehicle or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this Title.
PARK: When prohibited, means the standing of a vehicle whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading.
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.
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 travel by the owner and those having express or implied permission from the owner but not by other persons.
RAILROAD: A carrier of persons or property upon cars, other than streetcars, operated upon stationary rails.
RAILROAD SIGNS or SIGNAL: Any sign, signal or device erected in accordance with the laws governing same and intended to give notice of the presence of railroad tracks or the approach of a railroad train.
RAILROAD TRAIN: A steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails, except streetcars.
RESIDENCE DISTRICT: The closely built up residence portion of the City.
RIGHT OF WAY: The privilege of the immediate use of the roadway.
ROAD TRACTOR: Every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn.
ROADWAY: That portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two (2) or more separate roadways, the term roadway as used herein shall refer to any such roadway separately but not to all such roadways collectively.
SCHOOL BUS: Every motor vehicle of the second division operated by or for a public or governmental agency or by or for a private or religious organization solely for the transportation of pupils in connection with any school activity.
SEMI-TRAILER: Every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.
SIDEWALK: That portion of a street between the curb lines or the lateral lines of a roadway and the adjacent property lines intended for the use of pedestrians.
SOLID TIRES: Every tire of rubber or other resilient material which does not depend upon compressed air for the support of the load.
STATE HIGHWAYS: Shall be construed to include the State highways as defined in the "Illinois Highway Code" as the same may from time to time by amended.
STOP: When required, means complete cessation from movement.
STOP, STOPPING or STANDING: When prohibited, means any stopping or standing of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control sign or signal.
STREET or HIGHWAY: The entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular traffic.
SUBURBAN DISTRICT: That portion of the City other than the closely built up business or residence districts.
THROUGH HIGHWAY: Every highway or portion thereof at the entrances to which vehicular traffic from intersecting highways is required by law to stop before entering or crossing the same and when stop signs are erected as provided in this Title.
TRAFFIC: Pedestrians, ridden or herded animals, vehicles and other conveyances, either singly or together, while using any highway for purposes of travel.
TRAILER: Every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.
TRUCK TRACTOR: Every motor vehicle designed and used primarily for drawing other vehicles.
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 stationary rails or tracks.
YIELD RIGHT OF WAY: When required by an official sign, means the act of granting the privilege of the immediate use of the intersecting roadway to traffic within the intersection and to vehicles approaching from the right or left, but when the roadway is clear may proceed into the intersection. (Ord. 1962-15; amd. Ord. 2024-5, 3-11-2024)
10-2-2: ENFORCEMENT, OBEDIENCE TO POLICE:
It shall be the duty of the City police to patrol the public highways and to make arrests for violation of the provisions of this Title. No person shall wilfully fail or refuse to comply with any lawful order or direction of any police officer invested by law with authority to direct, control or regulate traffic.
10-2-3: DRIVER'S LICENSE:
No person shall operate or attempt to operate a motor vehicle within this City without conforming to the requirements of the State traffic law pertaining to driver's license. 1 (Ord. 1962-15; amd. Ord. 1979-6)
10-2-4: TRAFFIC-CONTROL DEVICES:
The corporate authorities, and particularly the City Superintendent of Streets and Alleys are authorized and required to place and maintain or cause to be placed and maintained such traffic control devices on such streets and alleys under its jurisdiction as it shall deem necessary to indicate and carry out the provisions of this Title, or to regulate, warn or guide traffic. (1989 Code)
10-2-5: PEDESTRIANS CROSSING AT OTHER THAN CROSSWALKS:
Between intersections, whenever the City Council shall determine upon the basis of an engineering or traffic investigation upon any street under its jurisdiction, that crossing between intersections should be prohibited in the interest of public safety, pedestrians shall not cross at any place except in a marked crosswalk or an unmarked crosswalk at an intersection, and that such prohibition shall be effective when appropriate signs giving notice thereof are erected. (Ord. 1962-15)
10-2-6: VIOLATIONS AND PENALTIES:
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. Any persons violating any of the provisions of this Title shall be fined as provided in Section 1-4-1 of this Code. (Ord. 1962-15; 1989 Code)
10-3-1: VEHICLE CODE ADOPTED:
The City herewith adopts the Illinois Vehicle Code 1 by reference and incorporates the same herein by reference.
10-3-2: IMPROPER OPERATION OF MOTOR VEHICLE:
For the purpose of protecting the life, limb, and property of all persons using any public street or highway in the City, the operation of a motor vehicle in the following manner is hereby constituted "improper operation of a motor vehicle": upon any public street or highway in the City:
In such a manner as to cause or produce unnecessary loud, raucous, excessive or unusual noise by the racing of the motor, or by lack of a muffler or use of a muffler cutout or other illegal muffler as defined under the act of the Legislature of the State of Illinois entitled "Uniform Act Regulating Traffic on Highways" or by tire friction upon rapid turning or weaving, by spinning of the wheels from standing or slow-moving position produced by sudden unnecessary motor acceleration, or by continuous unnecessary sounding of a horn or other signal device. (Ord. 1969-6; 1989 Code)
10-3-3: ANIMALS OR BICYCLES:
Every person riding a bicycle 1 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.
10-3-4: TRAFFIC NOT TO BE OBSTRUCTED:
No vehicle shall be operated or allowed to remain upon any street in such a manner as to form an unreasonable obstruction to the traffic thereon. (Ord. 1962-15)
10-4-1: AUTHORITY:
Pursuant to the authority granted to it under the Illinois vehicle code 1 , the city council has authority to prohibit the stopping, standing or parking of vehicles or to prescribe time limits for parking on any street or highway under its control and jurisdiction, in such manner as it shall deem necessary to promote public convenience and safety and so as to facilitate traffic. Any such regulations adopted by the city council regarding the stopping, standing or parking of vehicles upon any specific street, streets or highways shall become effective on and after the date of the erection of appropriate signs indicating such regulations. (Ord. 2007-25, 5-29-2007)
10-4-2: PROHIBITED OR RESTRICTED PARKING:
A. No Parking Places: Except when necessary to avoid conflict with other traffic, or in compliance with law or the direction of a police officer or official traffic control device, no person shall:
1. Stop, stand or park a vehicle:
a. On the roadway side of any vehicle stopped or parked at the edge or curb of a street;
b. On a sidewalk;
c. Within an intersection;
d. On a crosswalk;
e. Between a safety zone and the adjacent curb or within thirty feet (30') of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings;
f. Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic;
g. Upon any bridge or other elevated structure upon a highway or within a highway tunnel;
h. On any railroad tracks. A violation of any part of this subsection A1h, shall result in a mandatory fine of five hundred dollars ($500.00) or fifty (50) hours of community service;
i. At any place where official signs, as authorized by the corporate authorities, the mayor or the police department, prohibiting stopping, standing, or parking are in place;
j. On any controlled access highway;
k. In the area between roadways of a divided highway, including crossovers;
l. In a public parking area if the vehicle does not display a current annual registration sticker or current temporary permit pending registration;
m. At any place where the standing or parking of a vehicle reduces the usable width of a roadway for moving traffic to less than twenty two feet (22');
n. In any public alley during any hour of the day or night, except to load or unload freight for a period of time not exceeding forty five (45) minutes.
2. Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge passengers:
a. In front of a public or private driveway;
b. Within fifteen feet (15') of a fire hydrant;
c. In any residential zoned district, within twenty feet (20') of a crosswalk at an intersection;
d. Within thirty feet (30') upon the approach to any flashing signal, stop sign, yield sign, or traffic control signal located at the side of a roadway;
e. Within twenty feet (20') 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 feet (75') of such entrance (when properly signposted);
f. At any place where official signs prohibit standing.
3. Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading property or passengers:
a. Within fifty feet (50') of the nearest rail of a railroad crossing;
b. At any place where official signs prohibit parking.
c. At any place where official signs restrict parking for a limited period of time.
B. Parking During And After Snowfall: From and after the effective date hereof, it shall be unlawful for any person to park a motor vehicle, or if parked, to allow a motor vehicle to remain parked or standing in any public street or alley in the city during or after snowfall in which there is an accumulation of two inches (2") or more of snow. This prohibition shall remain in effect until twenty four (24) hours after the end of the snowfall or until such time as the public street or alley shall have been plowed, whichever event shall first occur.
C. Parking Alongside Roadways: Except as otherwise provided herein, every vehicle stopped or parked upon a two-way roadway shall be stopped or parked with the right hand wheels parallel to and within twelve inches (12") of the right hand curb or as close as practicable to the right edge of the right hand shoulder.
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 inches (12") of the right hand curb or as close as practicable to the right edge of the right hand shoulder, or with its left hand wheels within twelve inches (12") of the left hand curb or as close as practicable to the left edge of the left hand shoulder.
D. Parking On Top Of Curbs And/Or Rights Of Way:
1. The parking of motor vehicles shall be and is hereby prohibited on the tops of curbs and/or on the rights of way (parkways) adjacent to curbs on curbed streets within the corporate limits of the city.
2. The superintendent of streets of the city of Plano is herewith authorized and directed to place along said streets or at the entrances to subdivisions or areas of the city where curbs have been installed restricted parking signs bearing the following or a similar legend: "NO PARKING ON CURBS OR PARKWAY", in conformity with the restrictions imposed by this subsection D. (Ord. 2007-25, 5-29-2007; amd. Ord. 2014-26, 7-14-2014; Ord. 2015-18, 7-13-2015; Ord. 2021-13, 6-28-2021)
E. Truck, Truck Tractor and Vehicles Without Motive Power Parking:
1. It shall be unlawful for any person to park a vehicle with a registered gross vehicle weight (GVW) more than sixteen thousand pounds (16,000 lbs.), Illinois registration class H or higher (or an out of state equivalent), any truck tractor, whether or not it is attached to a tractor trailer or semitrailer, or recreational vehicle, on any public street, highway or parkway. Exceptions:
a. A vehicle with a registered gross vehicle weight (GVW) more than sixteen thousand pounds (16,000 lbs.), with Illinois registration class Hor higher (or an out of state equivalent), or any truck tractor may be parked on the public street, highway or parkway if such vehicle is actively engaging in providing commercial services on the premises of a location in close proximity of where the vehicle is parked; and
b. A recreational vehicle may be parked on a public street, highway or parkway for a period not to exceed forty-eight (48) consecutive hours.
2. It shall be unlawful to park a vehicle without motive power on any public street, highway or parkway, whether licensed or not. This restriction includes, but not limited to, all-terrain vehicle trailers, boat trailers, campers, camping trailers, pole trailers, portable storage units for moving purposes (commonly known as PODS), pop ups, tractor trailers, semitrailers, snowmobile trailers, trailer coaches, travel trailers and utility trailers. Exceptions: Excluding tractor trailers and semitrailers, a vehicle without motive power may be parked on a public street, highway or parkway for a period not to exceed forty-eight (48) consecutive hours, if such vehicle is:
a. Being loaded or unloaded for the purposes of recreational use;
b. In the process of delivering or receiving goods, materials or merchandise;
c. Utilized in the process of installation, repair or maintenance of landscaping;
d. Involved in the installation, repair or maintenance of utilities;
e. Utilized in the construction, repair or maintenance of any building, structure or grading project; or
f. Being used by utility companies used to provide emergency services and providing services within the City during such time as the utility company employee assigned the use of the trailer is off-duty but on-call. (Ord. 2007-25, 5-29-2007; amd. Ord. 2014-26, 7-14-2014; Ord. 2015-18, 7-13-2015; Ord. 2021-13, 6-28-2021; Ord. 2024-5, 3-11-2024)
10-4-3: HANDICAPPED/DISABLED PARKING:
A. Adopted: The city herewith and hereby adopts, in its entirety, all provisions of the Illinois motor vehicle code regulating and restricting the parking of motor vehicles, whether on public or private property such as parking lots, bearing registration plates issued to a handicapped person or a disabled veteran or a special decal or device issued pursuant to state statute or a motor vehicle registered in another jurisdiction upon which is displayed a registration plate, special decal or device issued by the other jurisdiction designating the vehicle as operated by or for a handicapped person.
B. Handicapped Parking Spaces: The city council shall, from time to time, designate certain parking spaces within the city as "handicapped parking" spaces. Upon the adoption of this chapter, the following parking spaces in the city are hereby declared to be "handicapped parking" spaces:
1. The first parking space at the northeast corner of Center Street and Main Street on Main Street.
2. The first parking space at the northwest corner of Center Street and Main Street on Main Street.
3. The first parking space at the northeast corner of Hugh Street and Main Street on Main Street.
4. The first parking space at the northwest corner of Hugh Street and Main Street on Main Street.
5. The first parking space west of James Street on the north side of Main Street.
The parking of motor vehicles in said parking spaces shall be restricted to motor vehicles operated by or for the benefit of handicapped persons as defined in the vehicle code of the state of Illinois. (Ord. 2007-25, 5-29-2007)
10-4-4: REMOVAL OF ILLEGALLY PARKED VEHICLES:
A. Whenever any police officer finds a vehicle standing upon a highway in violation of any of the provisions of this chapter, such officer is hereby 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 highway.
B. The police department of the city, in enforcement of this section, shall, in the issuance of citations or parking tickets for violation of the following provisions of this chapter, indicate the date and time of the violation. In the event that the motor vehicle, which is parked in violation of said provisions and is ticketed for violation, has not been moved by the owner or operator thereof within one hour from such ticketing, then the police department is hereby directed and empowered to authorize the towing of said illegally parked motor vehicle to a place of safe storage. The owner or operator of any such towed vehicle shall pay all costs incurred in the towing of said motor vehicle including a storage fee of five dollars ($5.00) per day for each day that said motor vehicle remains unclaimed. The city police department shall, after any motor vehicle is towed, make reasonable efforts to contact the owner and/or operator of said motor vehicle to notify said owner or operator of the towing of said vehicle and of the location of said towed motor vehicle. (Ord. 2007-25, 5-29-2007)
10-4-5: SIGNS:
A. Signs: The corporate authorities, and particularly the superintendent of streets and alleys of the city, are hereby authorized and required to place and maintain, or cause to be placed and maintained, restricted parking signs at said parking spaces limiting and restricting the parking of motor vehicles, where applicable, in accordance with the terms and provisions of this chapter. (Ord. 2007-25, 5-29-2007)
10-4-6: VIOLATIONS AND PENALTIES:
A. Violations And Penalties: The Police Department of the City of Plano is hereby directed to enforce the provisions of this chapter, and any person, firm or corporation violating any of the provisions of this chapter, unless another fine or penalty is set forth herein, shall be fined a minimum fine of twenty-five dollars ($25.00). Any person, firm or corporation violating any of the provisions of subsection 10-4-2 B. Parking During and After Snowfall, and subsection 10-4-2 C. Truck, Truck Tractor and Vehicles Without Motive Power Parking, shall be fined in accordance to the following scale:
First offense in a 12-month period | $55.00 |
Second offense in a 12-month period | $150.00 |
Third and subsequent offense in a 12-month period | $250.00 |
A separate offense shall be deemed to have been committed on each day that a violation is permitted to exist or continue.
B. Application: It is intended that the fine set forth herein and the schedule of fines and costs and collection fees for administrative adjudication, in force, from time to time, shall, except as otherwise provided herein, apply to all violations of the parking ordinances of the city of Plano. The minimum fine and penalty imposed by this section shall not, however, apply to violations of the handicapped/disabled parking provisions of this chapter and the minimum fines or penalties, as provided by the Illinois vehicle code, shall apply to all violations of the handicapped/disabled parking restrictions violations. (Ord. 2014-6, 2-10-2014; amd. Ord. 2024-5, 3-11-2024)
10-5-1: DEFINITIONS:
Whenever in this chapter the following terms are used, they shall have the meanings ascribed to them in this section:
BICYCLE: Means and includes a vehicle with two (2) tandem wheels, either of which is at least twenty inches (20") in diameter, with solid or pneumatic tires, having a steering bar or wheel, a saddle seat and propelled by human power.
DEALER IN BICYCLES: Any person or entity engaged in the sale of bicycles (including 3-wheel bicycles) at retail or wholesale.
LICENSE STICKER: A sticker issued by the city of Plano for affixing to the bicycle or three-wheel bicycle bearing the license number assigned by the police department.
LICENSEE: Any person who procures from the city a license sticker for a bicycle or three-wheel bicycle.
OPERATE: The word "operate" or any form or tense thereof shall mean and refer to the use, putting into action or causing to function of a bicycle or three-wheel bicycle by a person mounted thereon.
RENTAL AGENCY: Any person engaged in the business of offering for rental and renting bicycles (including 3-wheel bicycles) for hire by the public.
THREE-WHEEL BICYCLE: Means and includes a vehicle with three (3) wheels, any one of which is at least twenty inches (20") in diameter, with solid or pneumatic tires, having a steering bar or wheel and propelled by human power. This term shall be included in each instance in this chapter where the term "bicycle" is used.
In addition to the above definitions any applicable definitions of the traffic ordinance shall be deemed to be included herein. (Ord. 2006-12, 2-27-2006)
10-5-2: REGISTRATION AND LICENSE REQUIREMENTS:
A. Registration; License Sticker: The city of Plano, acting through its police department will register bicycles at no cost to the person registering the bicycle. This is done at the station of Plano police department, Plano, Illinois.
B. Application: Application for registration for a bicycle shall be made by the owner in person, in writing, in triplicate, upon blank forms furnished by the police department.
1. Such application shall be signed by the owner, and if the owner is a person under eighteen (18) years of age, the signature shall be witnessed by a parent of the owner, or by the legal guardian of the owner. The application shall state the full name and address of the owner of the bicycle, the name of the manufacturer, the serial number of the frame, the approximate date when the owner obtained title thereto, and if not new when obtained, the name and address of the person from whom it was obtained.
2. Such application shall be presented to the police department or any of its authorized representatives.
3. The bicycle to be registered and licensed shall be brought to the station at the time of presenting the application for the purpose of examination.
4. The chief of police or any of his authorized representatives shall examine the bicycle, and if he finds the mechanical condition thereof such that it can be safely operated, and that it is equipped with attachments as herein provided, and further finds that the statements made in the application are true, he shall mark the application "approved" and attach his signature. If he finds the equipment to be faulty or deficient, he shall require the necessary corrections to be made before issuing a license.
5. When the bicycle has been found to be in proper condition and the application to be correct, the chief of police or any of his authorized representatives shall deliver to the owner a copy of the bicycle registration card which shall contain the name and address of the owner and the description of the bicycle contained in the application. The applicant shall affix his signature to the registration card when issued in the presence of the chief of police or any of his authorized representatives, who shall, with said certificate, also issue to the owner a license sticker with the word "Plano" and the number of the license. The registration card and the license sticker shall have the same number. The license sticker shall be attached to the bicycle at the location prescribed by the chief of police or his representative.
6. After the issuance of the registration card and license sticker the chief of police or any of his authorized representatives shall endorse upon all copies of the application the date of issuance and the number thereof. The original and one duplicate application shall be kept on file in the office of the police department.
C. Term Of License: Each license shall be issued to a bicycle for its life or until ownership is transferred.
D. Loss, Sale, Or Destruction Of Bicycle; Surrender Of License: When any bicycle which has been registered and licensed, as herein provided, is sold or is otherwise disposed of or destroyed, the licensee shall immediately surrender to the chief of police or any of his authorized representatives, the registration card and the license sticker issued therefor, with the name and address of the new owner, if any, written on the face of the registration card; and the chief of police or any of his authorized representatives shall immediately make proper endorsements thereof on his records and retain the card and license sticker. A new card and license sticker shall be issued to the new owner upon proper application being made by the owner.
E. Loss Of License Sticker: The licensee shall report immediately to the chief of police or any of his authorized representatives, the loss or destruction of the license sticker of the licensee, and the circumstances surrounding the loss or destruction thereof. With the approval of the chief of police or any of his authorized representatives, a duplicate license sticker shall be issued. In the event that repeated requests are made for duplicate licenses for the same bicycle, the chief of police may require payment of one dollar ($1.00) for such duplicate license to defray the cost of furnishing duplicate licenses. (Ord. 2006-12, 2-27-2006)
10-5-3: RULES FOR RIDING AND OPERATING:
A. Riding Abreast Prohibited: When more than two (2) persons in a group are operating bicycles on a roadway, they shall ride single file.
B. Clinging To Vehicles: No person operating a bicycle shall cling or attach himself or the bicycle to any other moving vehicle.
C. Extra Passengers: No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.
D. Emerging From Alley, Driveways, And Garages: The operator of a bicycle emerging from an alley, driveway, garage, or private sidewalk shall stop the bicycle immediately prior to driving into or across a public sidewalk line projected across an alley, and shall exercise extreme care in making such movements.
E. Intoxication, Drugs, Or Physical Inability: No person shall operate a bicycle while under the influence of liquor or drugs or while physically or mentally unfit to safely operate the same.
F. Lights: No bicycle shall be operated within the period from sunset to sunrise without having a properly lighted headlight attached to the front of the bicycle, visible under normal atmospheric conditions from the front thereof for a distance of not less than five hundred feet (500'), nor without having a red light or a reflector attached to the rear of the bicycle which is clearly visible in the headlight beam of a motor vehicle for a distance of not less than two hundred feet (200') to the rear of the bicycle.
G. Mechanical Condition: No person shall operate a bicycle which is not in such mechanical condition so that it can be safely operated.
H. Operating On Sidewalk: Bicycles may be operated on sidewalks in public parks and in residential districts but in single file only. Under all circumstances, the rider shall yield the right of way to pedestrians using the sidewalk, and due and proper care shall at all times be exercised by the rider for the pedestrians. When approaching a pedestrian on the sidewalk, the speed of a bicycle shall be reduced to a speed which is not greater than necessary to continue the operation of the bicycle without the rider dismounting and shall not be increased until the pedestrian has been passed.
I. Parking Bicycle: It shall be unlawful to park any bicycle along buildings in such a manner as to interfere with pedestrians, or along roadways where they may interfere with traffic, or with persons getting into or out of motor vehicles. No person other than the owner or operator shall move or in any manner interfere with any bicycle properly parked, nor shall any person interfere or in any manner hinder any person from properly parking a bicycle, except that members of the police department and fire department may move, or, in proper cases, prevent the parking of the bicycle when, in the judgment of the policeman or fireman, his action is necessary in order to properly safeguard persons or property. Bicycles can be parked at permitted bicycle racks.
J. Keep To Right: All bicycles when operated on roadways shall be kept to the right and shall be operated as near as practicable to the right hand edge of the roadway.
K. Speed: No bicycle shall be operated at any time faster than is reasonable or proper, and every bicycle shall be operated with reasonable regard to the safety of the rider and of other persons and property.
L. Traffic Regulations: Every person operating a bicycle shall strictly observe all traffic signs and signals and all other traffic rules and regulations applicable thereto, and shall obey the orders and directions of every officer of the city authorized to direct or regulate traffic.
M. Trick Riding: No person shall, while operating a bicycle, indulge or engage in any kind of trick or unsafe riding.
N. Turns; Starting; Stopping: The operator of a bicycle on a roadway when making a right turn, shall follow the right hand edge of the roadway, and the operator of a bicycle on a roadway when making a left turn shall approach the point of turning in the traffic lane nearest the center of the roadway. No operator of a bicycle shall start, slow down, or stop or attempt to turn without first indicating such movement as provided by law. (Ord. 2006-12, 2-27-2006)
10-5-4: SKATEBOARDS, ROLLER WHEEL AND SIMILAR DEVICES:
A. The use of skateboards, roller skates, ice and ski roller skates, or any other such roller wheel device is prohibited on the streets, roads, sidewalks and parking lots in any business, commercial or manufacturing district in the city of Plano.
B. Municipal authorities of the city of Plano are hereby authorized and required to place and maintain, or cause to be placed and maintained, signs prohibiting the use of the above referenced roller wheel devices in any business, commercial or manufacturing district in the city of Plano, such signs to be located in such position and to be provided with letters of a size that can be clearly legible. (Ord. 2006-12, 2-27-2006)
10-5-5: RENTAL AGENCIES:
A. Registration And Licensing: It shall be unlawful for any person, firm or corporation to rent or offer to rent any bicycle without first complying with the provisions of section 10-5-2 of this chapter relating to registration and licensing of bicycles. All such bicycles rented by the agency shall be licensed as therein provided.
B. Equipment: Bicycles offered for rent by a rental agency shall be equipped with the lights and other equipment required by this chapter and shall be kept in good and safe working condition.
Rental agencies shall comply with all the provisions of this chapter and shall be responsible for the condition of the bicycles they rent.
C. Inspection: The chief of police or any of his authorized representatives shall make periodic inspections of the rental agencies to ensure compliance with the provisions of this chapter. (Ord. 2006-12, 2-27-2006)
10-5-6: OTHER PROVISIONS:
A. Inspection: Any member of the police department is authorized to inspect any bicycle at any reasonable time for purposes of making a checkup of the license number and serial number and for the purpose of determining the mechanical condition of the bicycle.
B. Removal Of Serial Number Or License Plate: It shall be unlawful for any person, wilfully or maliciously, to remove, destroy, mutilate, or alter the serial number of any bicycle licensed hereunder, or to remove, destroy, mutilate any license sticker or registration card during the time in which the license sticker or registration card is in force. The chief of police or any of his authorized representatives are hereby authorized to stamp numbers on the frame of a bicycle in a legible manner for identification purposes upon which no serial number can be found or upon which the serial number can be found or upon which the serial number is illegible or insufficient for identification purposes.
C. Use Of Bicycle Without Consent Of Owner: It shall be unlawful for any person to use or operate any bicycle within the city without the consent of the owner.
D. Bicycle Without Serial Number: It shall be unlawful for any person residing in the city, or any dealer in bicycles operating in the city, to purchase, receive in trade or otherwise acquire any bicycle from which the serial number on the frame has been removed, destroyed, mutilated or altered without first reporting the same to the chief of police or any of his authorized representatives.
E. Applicability: The provisions of this chapter, except those pertaining to registration and license requirements, shall be applicable to all bicycles operated in the city. (Ord. 2006-12, 2-27-2006)
10-5-7: ENFORCEMENT:
A. Police Department To Enforce: The police department shall enforce the provisions of this chapter.
B. Suspension Of License: The police department may suspend any bicycle license for a period of thirty (30) days for a violation of any of the provisions of this chapter or any applicable provisions of the Illinois Compiled Statutes relating to traffic.
C. Fines: In addition to the above enumerated penalties, a fine of not less than five dollars ($5.00) nor more than fifty dollars ($50.00) may be ordered by any court having jurisdiction for any violation of the provisions of this chapter. A separate offense shall be deemed to have been committed on each day that a violation is permitted to exist or continue. Fine should progress with multiple offenses in accordance to the following scale:
First offense | $ 5.00 |
Second offense | 10.00 |
Third offense | 15.00 |
Fourth offense | 50.00 and bicycle is confiscated for 6 months |
(Ord. 2006-12, 2-27-2006)
10-5-8: AMENDMENTS:
This chapter may be amended from time to time by the city council of the city of Plano. (Ord. 2006-12, 2-27-2006)
10-5-9: CONFLICTING ORDINANCES:
All ordinances or parts of ordinances in conflict with this chapter are hereby repealed. (Ord. 2006-12, 2-27-2006)
10-5-10: EFFECTIVE DATE:
This chapter shall take effect and be in full force ten (10) days from and after its legal passage, approval and publication as required by law. (Ord. 2006-12, 2-27-2006)
10-6-1: PURPOSE:
It is the policy of this City to promote safety for persons and property in and connected with the use, operation and equipment of snowmobiles in the City.
10-6-2: APPLICATION OF PROVISIONS:
A. Except as herein provided for the sole purpose of gaining access to and from the unincorporated areas surrounding the City, it shall be unlawful to operate a snowmobile within the corporate limits of the City.
B. No portion of this Chapter shall preclude the State of Illinois or its officers or agents from enforcing the Illinois Snowmobile Registration and Safety Act under chapter 951/2, paragraphs 601-1 through 612-1 inclusive and nothing herein contained shall be construed to relieve the owner or operator of any snowmobile within the City limits from compliance with the said statute provisions.
10-6-3: DEFINITIONS:
When used in this Chapter, the following words and terms shall have the meanings ascribed to them in this Section:
DEALER: A person, partnership or corporation engaged in the business of manufacturing, selling or leasing snowmobiles at wholesale or retail.
HIGHWAY: The entire width between boundary lines of any highway, road, street, avenue, alley or public driveway.
INTOXICATING BEVERAGE: Any beverage enumerated in the Liquor Control Act of the State of Illinois. 3
LOCAL AUTHORITY: The Municipal board or body having authority to adopt local police regulations under the constitution and laws of this State.
NARCOTIC DRUG: Any substance defined as a narcotic drug in the Illinois Controlled Substance Act. 1
OPERATE: To ride in or on, other than as a passenger, use or control the operation of a snowmobile in any manner, whether or not the snowmobile is underway.
OPERATOR: Every person who operates or is in actual physical control of a snowmobile.
OWNER: A person other than lienholder, registered as owner of a snowmobile.
PEACE OFFICER: Any person authorized under the statutes of the State of Illinois to make arrests for a violation of any statute or ordinance, whether it be a total arrest power of all statutes or a portion of any statute.
REGISTER: The act of assigning a registration number to a snowmobile by State statute and by local ordinance.
ROADWAY: That portion of a highway, improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two (2) or more separate roadways, the term roadway as used in this Chapter refers to any such roadway separately, but not to all such roads collectively.
SNOWMOBILE: A self-propelled device designed for travel on snow or ice or natural terrain, steered by skis or runners and supported in part by skis, belt or cleats.
10-6-4: REGISTRATION AND DRIVER'S LICENSE REQUIRED:
A. Registration of Snowmobiles: Except as otherwise provided in the Illinois Revised Statutes, chapter 951/2, no person shall, after the effective date hereof, operate any snowmobile within the corporate limits unless such snowmobile has been registered and numbered in accordance with the provisions of the Illinois Snowmobile Registration and Safety Act.
B. Driver's License: No person shall operate a snowmobile within the Municipality on any roadway unless they are in possession of a valid operator's license issued by the State of Illinois or are a resident of another state and possess a valid operator's license from that state.
10-6-5-1: SPEED RESTRICTIONS:
A. Generally: No snowmobile may be driven upon any roadway within the corporate limits of this community at a speed which is greater than is reasonable and proper with regard to traffic conditions and the use of the highway, or endangers the safety of any person or property. The fact that the speed of the snowmobile does not exceed the applicable maximum speed limit does not relieve the driver of the snowmobile from the duty to decrease speed when approaching and crossing an intersection, when approaching and going around the curve, when approaching a hillcrest, when traveling upon any narrow or winding roadway, or when special hazards exist with respect to pedestrians or other traffic or by reason of weather or highway conditions. Speed must be decreased as may be necessary to avoid colliding with any person or vehicle on or entering the highway in compliance with legal requirements and a duty of all persons to use due care.
B. Maximum Speed Limits: Unless some other speed restriction is established by the posting of speed limit signs under the authority of the City Council, the maximum speed limits for snowmobiles within the corporate limits is as follows:
1. Thirty (30) miles per hour in any residential or business district.
2. Fifteen (15) miles per hour in any alley.
3. Twenty (20) miles per hour while passing through any school zone, properly posted.
C. Minimum Speed Regulation: No person shall drive a snowmobile at such a slow speed as to impede or block the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation of his snowmobile or in compliance with the direction of a peace officer.
10-6-5-2: OVERTAKING AND PASSING VEHICLES:
A. Passing Vehicles: Snowmobiles shall be operated on all roadways as close to the right-hand side of the roadway as possible. Snowmobiles proceeding in opposite directions shall pass each other to the right and upon roadways having width for not more than one lane of traffic in each direction, each driver shall give to the other at least one-half (1/2) of the main traveled portion of the roadway as nearly as possible.
B. Limitations on Overtaking on the Left:
1. No snowmobiles shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken.
2. No snowmobile shall be driven on the left side of the roadway when approaching or upon the crest of a grade or curve in the highway where the driver's view is obstructed, when approaching within one hundred feet (100') of or traversing an intersection or railroad grade crossing, or when the view is obstructed upon approaching within one hundred feet (100') of a bridge, viaduct or tunnel, and no driver may pass to the left where signs or markings are in place to define a no passing zone as indicated by pavement striping or appropriate signing.
10-6-5-3: TURNING MOVEMENTS, SIGNAL REQUIREMENTS:
A. A signal of intention to turn right or left when required must be given continuously during not less than the last one hundred feet (100') traveled by the snowmobile before turning within a business or residence district.
B. Any stop or turn signal when required shall be given either by means of a hand and arm or by electric turn signal device conforming to the requirements of chapter 951/2 of the Illinois Revised Statutes.
C. All signals required by this Chapter shall be given from the left side of the vehicle in the following manner:
1. Left turn, hand and arm extended horizontally.
2. Right turn, hand and arm extended upward.
3. Stop or decrease of speed, hand and arm extended downward.
10-6-5-4: RIGHT OF WAY:
A. Approaching or Entering Intersection: Any snowmobile approaching or entering an intersection from a different roadway shall yield the right of way to a vehicle on the opposite roadway which is entering from the right at approximately the same time. The driver of the vehicle or snowmobile on the left must yield the right of way to the vehicle on the right.
B. Turning Left: The operator of a snowmobile intending to turn to the left within an intersection or into an alley, private road or driveway, shall yield the right of way to any vehicle approaching from the opposite direction which is so close as to constitute an immediate hazard, but said snowmobile operator having so yielded may proceed at such time as a safe interval occurs.
C. Entering Stop Intersection: Except when directed to proceed by a peace officer or traffic control signal, every operator of a snowmobile approaching a stop intersection indicated by a stop sign must stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, if none, then at the point nearest the intersecting roadway where the operator has a view of approaching traffic on the intersecting roadway before entering the intersection. After having stopped, the operator of the snowmobile shall yield the right of way to any vehicle which has entered the intersection from another roadway or which is approaching so closely on the roadway as to constitute an immediate hazard during the time when the operator is moving across or within the intersection, but said operator having so yielded may proceed at such time as a safe interval occurs.
D. Entering a Yield Intersection: The operator of a snowmobile approaching a yield sign shall, in obedience of such sign, slow down to a speed reasonable for the existing conditions and if required for safety to stop, shall stop at a clearly marked line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersecting roadway where the operator has a view of approaching traffic on the intersecting roadway. After slowing or stopping, the operator shall yield the right of way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time such operator is moving across or within the intersection. If a snowmobile is involved in a collision at an intersection or interferes with the movement of other vehicles after driving past the yield right of way sign, such collision or interference shall be deemed prima facie evidence of the driver's failure to yield right of way.
E. Pedestrians: The operator of all snowmobiles shall yield the right of way, slowing down or stopping if need be to so yield to a pedestrian crossing a roadway within a crosswalk, but in any case every driver of a snowmobile shall exercise due care to avoid colliding with any pedestrian and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any obviously confused, incapacitated or intoxicated person.
10-6-5-5: OBEDIENCE TO TRAFFIC-CONTROL DEVICES:
A. The operator of any snowmobile shall obey the instructions of any official traffic control device applicable thereto placed in accordance with the provisions of this Chapter, and it shall be unlawful for any snowmobile operator to leave the roadway and travel across private property to avoid an official traffic control device.
B. Snowmobile traffic facing a steady red signal at any automobile traffic control device must stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then before entering the intersection, and shall remain standing until an indication to proceed is indicated by a green traffic control signal.
10-6-5-6: STARTING PARKED SNOWMOBILES:
No operator shall start a snowmobile which is stopped, standing or parked unless and until such movement can be made with reasonable safety.
10-6-5-7: FOLLOWING TOO CLOSELY:
The operator of a snowmobile shall not follow another vehicle more closely than is reasonable and prudent having due regard for the speed of such vehicles and the traffic upon and condition of the highway.
10-6-5-8: RECKLESS DRIVING:
Any person who drives any snowmobile with a wilful or wanton disregard for the safety of persons or property is guilty of reckless driving.
10-6-5-9: RACING:
No person shall engage in any race on any roadway within the corporate limits. Race means the act of two (2) or more individuals competing or racing on any street or highway, in a situation in which one of the snowmobiles is beside or to the rear of a snowmobile operated by a competing driver and the one driver attempts to prevent the competing driver from passing or overtaking him, either by acceleration or maneuver or one or more individuals competing in a race against time on any street or roadway in this Municipality.
10-6-5-10: LIQUOR AND DRUGS:
A. Driving Under Influence of Liquor and Drugs: No person who is under the influence of intoxicating liquor may drive or be in actual physical control of any snowmobile within this Municipality; and further, no person who is an habitual user of or under the influence of any narcotic drug or who is under the influence of any other drug to a degree which renders him incapable of safely driving a snowmobile may drive or be in actual physical control of any snowmobile within this corporate limits.
B. Consuming and Transporting Liquor: No person shall consume any alcoholic liquor while operating a snowmobile within this Municipality and any alcoholic liquor transported in a snowmobile shall be in its original package and with the seal unbroken.
10-6-6: SNOWMOBILE EQUIPMENT AND CONDITION:
A. Clear Vision: No person shall operate a snowmobile when it is so loaded with passengers as to obstruct the operator's view or his operation of the driving mechanism.
B. Lights:
1. Headlamp: All snowmobiles in operation shall display at least one lighted headlamp, white in color, having a minimum candlepower of sufficient intensity to exhibit a white light plainly visible from a distance of at least five hundred feet (500') ahead during hours of darkness under normal atmospheric conditions.
2. Taillights: All snowmobiles while in operation shall display at least one red taillight having a minimum candlepower of sufficient intensity to exhibit a red light plainly visible from a distance of five hundred feet (500') to the rear during hours of darkness under normal atmospheric conditions.
C. Brakes: All snowmobiles shall have an operating brake system in good mechanical condition.
D. Mufflers: No snowmobile shall be sold or offered for sale or operated unless it is equipped with a sound-muffling device installed by the manufacturer and under no circumstances shall this muffler device be modified or removed by the owner or operator. (Ord. 1983-2)
E. Such other equipment as may from time to time be required by the State of Illinois. (1989 Code)
10-6-7: RESTRICTED AND PROHIBITED ACTS AND CONDITIONS:
A. Obstructing Roadways: No operator shall wilfully or unnecessarily hinder, obstruct or delay or attempt to delay, hinder or obstruct any other person lawfully driving or traveling along or upon any roadway within the corporate limits.
B. Carrying Firearms: No person, except persons permitted by law, shall operate or ride any snowmobile with any firearms in his possession unless it is unloaded and enclosed in a carrying case, or any bow unless it is in a carrying case, or rendered inoperable.
C. Crossing State Highways: No person may operate a snowmobile on any State highway within the limits of Municipality, except to cross said State highway at a ninety degree (90o) angle yielding to all traffic and crossing only when it is safe to do so.
D. Driving on Sidewalks and in Parks: No snowmobiles shall be operated within the City limits on any parkway or sidewalk, nor within any public park, unless such public park be posted for use by snowmobiles.
E. Resisting Police Officers: It is unlawful for any person to resist or obstruct any peace officer in a discharge of his duties under this Chapter.
10-6-8: INSPECTIONS:
Duly authorized police officers may stop and inspect any snowmobile at any time for the purpose of determining if the provisions of this Chapter are being complied with. If the inspecting officer discovers any violation of the provisions hereof, he may issue a summons to the operator of such snowmobile requiring that the operator appear before the circuit court for the county in which the offense was committed. Every snowmobile subject to this Chapter if underway and upon being hailed by a designated law enforcement officer, must stop immediately.
10-6-9: ACCIDENTS:
Operators of snowmobiles involved in any accident with another snowmobile or any other motor vehicle or pedestrian shall make accident reports in accordance with the provisions of the Illinois State Snowmobile Registration and Safety Act, chapter 951/2, article VI, paragraph 606-1.
10-6-10: SNOWMOBILE ROUTES:
A. Routes Designated: The following streets or portions thereof within the corporate limits of the City are declared to be egress and ingress routes for the use of snowmobiles:
Center Street, from Church Street north to the City limits.
Lee Street/Rock Creek Road, from Church Street north to the City limits.
Church Street, east and west to the City limits.
Hale Street, from Church Street south to the City limits.
Main Street, from Hale Street east to the City limits.
Rock Street, from Hale Street west to Ben Street.
Ben Street, from Abe Street south to the City limits.
South Street, from Ben Street west to the City limits.
West Street, from Church Street to Abe Street.
Abe Street, from West Street west to the City limits.
B. Use of Routes Restricted: The foregoing routes shall be used solely for access to and from the unincorporated areas surrounding the City. Nothing herein contained shall be deemed to permit the operation of snowmobiles within the corporate limits other than for access to and from the unincorporated areas.
C. Use of Arterial Streets: It shall be lawful to operate a snowmobile on street arterial to the above-specified egress and ingress routes for the sole purpose of gaining access to such designated egress and ingress routes; provided, however, that the operator of such snowmobile on arterial streets shall, in every event, use the shortest and most direct route on arterial streets to gain access to the above-designated egress and ingress routes.
D. Signs Posted: The corporate authorities of the City shall post or cause to be posted the above-designated ingress and egress routes as snowmobile routes.
10-6-11: VIOLATIONS AND PENALTIES:
It is the duty of all sheriffs, deputy sheriffs and other police officers to arrest any person detected in violation of any of the provisions of this Chapter and any owner or operator of a snowmobile within the corporate limits of the City who violates any of the provisions of this Chapter shall, upon conviction thereof, be guilty of a petty offense.
Any person, firm, corporation, owner or operator violating any of the provisions of this Chapter, shall be fined not less than twenty five dollars ($25.00) nor more than fifty dollars ($50.00) for each offense plus all applicable court costs. (Ord. 1983-2)
10-7-1: DEFINITIONS:
The following definitions shall apply unless the context clearly indicates or requires a different meaning. Any term not defined herein shall have the meaning ascribed to it in 625 Illinois Compiled Statutes, act 5, as amended from time to time.
ABANDONED VEHICLE:
A. A vehicle parked or otherwise located on a public way in such state of disrepair that it is incapable of being driven, has no license plates and appears to have been abandoned; or a vehicle that has been unmoved for a period of at least twenty four (24) hours, has no license plates or valid registration, and appears to have been abandoned by its owner based on the period during which it has not been moved; or
B. Vehicles parked in a public parking lot or on private property without the consent of the lot owner, proprietor, or agency of the property, which person has requested that the vehicle be towed.
ADMINISTRATIVE HEARING OFFICER: Officer who is an attorney licensed to practice law in this state for a minimum of three (3) years.
BUSINESS DAY: Any day in which the offices of the city hall are open to the public for a minimum of seven (7) hours.
HAZARDOUS VEHICLE:
A. A vehicle that has been involved in an accident and is disabled or cannot be immediately moved by the owner or operator of the vehicle; or
B. A vehicle that presents an immediate danger to the health or welfare of the members of the public; or
C. A vehicle abandoned or disabled on a public street or public way, that is impeding the orderly flow of traffic or poses a potential danger to pedestrians and other operators of vehicles; or
D. A vehicle that must be moved to allow for proper municipal snow removal from a public street, way or alley.
LEVEL 1 ADMINISTRATIVE FEE: Means and shall be five hundred dollars ($500.00).
LEVEL 2 ADMINISTRATIVE FEE: Means and shall be two hundred fifty dollars ($250.00).
MOTOR VEHICLE: Every vehicle which is self-propelled, including, but not limited to, automobiles, trucks, vans, motorcycles and motor scooters.
OWNER OF RECORD: The record titleholder(s) of the motor vehicle as registered with the secretary of state, state of Illinois; or if not registered in Illinois the particular state where the motor vehicle is registered.
UNLAWFUL VEHICLE:
A. A vehicle that has been reported stolen or is the subject of a search and seizure by the police department; or
B. A vehicle parked in violation of state statutes or ordinances of the city which prohibit parking at the location in question or for the period of time for which the vehicle has been parked, and where either the statute or the ordinance authorize the vehicle to be towed, and the signs posted at the general location note that fact.
VEHICLE: Any device in, upon, or by which any person or property is or may be transported or drawn upon a street, highway, or any public way, except devices moved by human power, devices used exclusively upon stationary rails or tracks, and snowmobiles. (Ord. 2013-2, 2-11-2013)
10-7-2: AUTHORIZATION FOR TOWING:
A. Generally: The towing of vehicles by the city, or by its approved towing service operators on behalf of the city, shall be authorized only by the police department and only under the circumstances herein provided. Towed vehicles shall be impounded at facilities designated by the police department until lawfully claimed or disposed of pursuant to 625 Illinois Compiled Statutes, act 5, as amended from time to time.
B. Towing Without Notice; Immediate Tows: Hazardous or unlawful vehicles may be towed without prior notice; except that, when an unlawful vehicle is one that has been reported as stolen and is not towable for some other specific reason, the owner should be, when practicable, notified by telephone or other means and given the opportunity to claim or move the vehicle, if he/she so wishes, to avoid incurring the expenses of a police ordered tow. However, the vehicle may be towed if the owner permitted the tow to be made when the vehicle was reported stolen or at any time thereafter. Within twenty four (24) hours after towing a vehicle pursuant to this chapter, a notice shall be sent to or personally delivered to the owner of the vehicle affording the opportunity for a hearing, as provided in section 10-7-4 of this chapter.
C. Towing With Prior Notice; Abandoned Vehicles: Abandoned vehicles may be towed after the mailing or delivery of prior notice and the affording of an opportunity for a hearing as provided in subsection 10-7-4C of this chapter. (Ord. 2013-2, 2-11-2013)
10-7-3: PRETOW NOTICE FOR ABANDONED VEHICLES:
A. Notice pursuant to this section shall be personally delivered to the owner by personal service or shall be forwarded by mail, to the address of the owner of the vehicles as indicated in the most current registration list of the secretary of state. The notice shall be in the form provided in section 10-7-5 of this chapter. In the event that an out of state vehicle is proposed to be towed, inquiry by computer, telephone, or letter shall be made of the secretary of state of the particular jurisdiction for the furnishing of the most current registered name and address of the owner of the vehicle, and notice shall be made as provided herein to the address furnished, though in no case will the city be required to delay towing more than seven (7) days after the date of the mailing or personal delivery of the notice if no request for a hearing has been received within that seven (7) day period.
B. A notice of intent to tow sticker with the earliest date upon which the tow may take place and the address and phone number of the police department shall be placed on the vehicle. (Ord. 2013-2, 2-11-2013)
10-7-4: PRETOW HEARING PROCEDURES:
A. Opportunity For Hearing: The owner or person entitled to possession of a vehicle to be towed as an abandoned vehicle shall have seven (7) days after the date of mailing or personal delivery of the notice to request, in writing, a pretow hearing. Subsequent to this seven (7) day period, the vehicle may be towed, if the owner has not filed a written hearing request within the seven (7) day period, and any hearing rights under the provisions of this section will be deemed waived.
B. Request For A Hearing: Requests for a hearing are to be made in person to the chief of police or may be made by mail. Forms for such requests shall be made available at the police department. At the time of making the request, the owner will be provided a hearing date and time by mail or in person, as the circumstances require.
C. Preliminary Hearing: If the owner or person entitled to a hearing requests a hearing within seven (7) days after the mailing or personal delivery of the notice, preliminary hearings shall be conducted by a hearing officer appointed by the chief of police within twenty four (24) hours after receipt of the request, excluding Saturdays, Sundays and legal holidays. All interested persons shall be given a reasonable opportunity to be heard and the formal rules of evidence will not apply 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.
D. Written Decision: The hearing officer shall make a written decision upon a preponderance of the evidence as to whether towing of the vehicle is authorized by the laws of the state or the ordinances of the city, with a specific statutory or ordinance section cited in the decision. The owner shall be provided a copy of the pretow hearing decision.
E. Decision To Tow And Rates To Be Charged: If the preponderance of the evidence supports towing and compliance with the provisions of this chapter, the hearing officer shall direct that the vehicle be towed, with any towing and storage costs to then be imposed upon the owner. The fees to be charged for towing and storage services shall be no more than the maximum rates set by the chief of police pursuant to the provisions of this chapter. The owner of the vehicle having had such a hearing may avoid the towing by immediately removing the vehicle from the improper location to a proper, lawful location and correcting any unlawful condition of the vehicle.
F. Establishment Of Maximum Towing And Storage Rates: The owner shall pay fees to the towing service operator for towing and storage on police ordered tows at rates that do not exceed maximum amounts to be administratively established by the chief of police and which may be revised from time to time. However, nothing in this chapter is intended to prevent a competitive towing service operator from charging less than the established maximum rates for police ordered or any other tows. In arriving at the maximum rates for various services, the chief of police shall consider such matters as the prevalent market rates in the area for the different types of vehicles, the types of storage and area requirements for categories such as large trucks and commercial vehicles, and the relative difficulties and amount of work required to perform various types of towing operations. For particularly difficult or unusual towing jobs, such as large or serious accidents, the chief of police is authorized to allow towing operators to charge rates above those established for normal situations. All special charges must be based upon the cost of services provided, taking into account such matters as the man hours and equipment time required for the job. A towing service operator must fully itemize in writing the details of such a billing at special rates for a particularly difficult or unusual tow, and supply a copy of the itemized bill to the owner and to the police department. Any special rates charged must be customary in the towing industry in the area for the nature and extent of the services provided. Every towing service operator and the police department shall have available a copy of the complete current rate schedule and any special rate policy established by the chief of police, for vehicle owners to view upon request. (Ord. 2013-2, 2-11-2013)
10-7-5: FORM FOR PRETOW NOTICE:
The following form shall be utilized for the mailing or delivery of pretow notices to owners:
To:
(Name)
(Address)
Date of Mailing:
Date and Time of and Name of Person making personal delivery:
PRE-TOW NOTICE
You are listed as the registered Owner or person entitled to possession of the following described vehicle: (make) (model/year) (other identifying features (license plate number and State)) which is located on (location) in an apparently abandoned or unusable condition, to wit: (facts forming basis of proposed tow) as defined in (Ordinance or statutory section).
The City of Plano will tow the vehicle or cause it to be towed after seven (7) days from the above date of mailing or personal delivery unless you move the vehicle to a lawful location or request a hearing as set forth below. Any such hearing will only concern the proposed towing, and will not be determinative of or adjudicate any parking ticket or other citation concerning the vehicle. If the vehicle is towed, you will be required to pay all towing and storage charges before the vehicle is released.
The towing is authorized by Section 10-7-2 of the City Code of the City of Plano.
If you wish to request a hearing on the legality of the present location and condition of your vehicle, you must contact the office listed below and file in person or by mail a request for such hearing within 7 days of the above date of mailing or personal delivery. If you file your request for a hearing by mail, it must be received by the office listed below within 7 days from the mailing or personal delivery of this Notice.
(Ord. 2013-2, 2-11-2013)
10-7-6: VIOLATIONS AUTHORIZING IMPOUNDMENT:
A. Any motor vehicle, operated with the express or implied permission of the owner of record, that is used in connection with the following violations, shall be subject to seizure and impoundment by the city, and the owner of record of said motor vehicle shall be liable to the city for a level 1 administrative fee, as provided for in this chapter, in addition to any towing and storage fees as hereinafter provided. (Ord. 2013-2, 2-11-2013)
State Statute | Violations |
State Statute | Violations |
625 ILCS 5/6-303 | Driving while license revoked |
625 ILCS 5/11-204 | Fleeing or attempting to elude a peace officer |
625 ILCS 5/11-501 | Driving under the influence of alcohol/drugs |
625 ILCS 5/11-503 | Reckless driving or aggravated reckless driving |
625 ILCS 5/11-506 | Street racing, aggravated street racing |
625 ILCS 5/11-601.5 | Driving at 26 mph more, but less than 35 mph over applicable speed limit, class B misdemeanor Speeding in excess of 35 mph, class A misdemeanor |
720 ILCS 5/11-6 | Indecent solicitation of a child |
720 ILCS 5/12-2 | Aggravated assault |
720 ILCS 5/12-3.05 | Aggravated battery |
720 ILCS 5/18-1 | Robbery |
720 ILCS 5/18-2 | Armed robbery |
720 ILCS 5/19-1 | Burglary |
720 ILCS 5/19-3 | Residential burglary |
720 ILCS 5/20-1 | Arson |
720 ILCS 5/20-1.1 | Aggravated arson |
720 ILCS 5/20-2 | Possession of explosives or incendiary devices |
720 ILCS 5/21-1 | Criminal damage to property |
720 ILCS 5/25-1 | Mob action |
720 ILCS 570/401 | Manufacture or delivery of unauthorized controlled substance |
720 ILCS 570/401.1 | Controlled substance trafficking |
720 ILCS 570/402 | Unauthorized possession under the controlled substances act |
720 ILCS 550/4 | Possession of more than 10 grams of any substances containing cannabis |
720 ILCS 550/5 | Manufacture or delivery of cannabis |
720 ILCS 550/5.1 | Cannabis trafficking |
720 ILCS 550/5.2 | Delivery of cannabis on school grounds |
720 ILCS 550/8 | Unauthorized production or possession of cannabis sativa plant |
720 ILCS 5/24-1 | Unlawful use of weapons |
720 ILCS 5/24-3.1 | Unlawful possession of firearms and firearm ammunition |
720 ILCS 5/24-3.3 | Unlawful sale or delivery of firearms on the premises of a school |
(Ord. 2013-2, 2-11-2013; amd. Ord. 2014-3, 1-29-2014)
B. For any motor vehicle, operated with the express or implied permission of the owner of record, that is used in connection with any violation of federal, state, or local law that is not listed in subsection A of this section, including arrest warrants, which results in seizure and impoundment of the vehicle by the city, the owner of record of said motor vehicle shall be liable to the city for a level 2 administrative fee, as provided for in this chapter, in addition to any towing and storage fees as hereinafter provided. (Ord. 2013-2, 2-11-2013)
10-7-7: EXCEPTIONS:
This chapter shall not apply:
A. If a vehicle used in the violation was stolen at the time of the violation and the theft was reported to the appropriate police authorities within twenty four (24) hours after the theft was discovered or reasonably should have been discovered;
B. If the vehicle is operating as a common carrier and the violation occurs without the knowledge of the person in control of the vehicle; or
C. With respect to the violations enumerated in section 10-7-6 of this chapter, if the owner proves that the item found is not unlawful. (Ord. 2013-2, 2-11-2013)
10-7-8: SEIZURE AND IMPOUNDMENT:
A. Whenever a police officer has reason to believe that a motor vehicle is subject to seizure and impoundment pursuant to this chapter, the police officer shall provide for the towing of the motor vehicle to a facility approved by the city. This chapter shall not apply if the motor vehicle used in the violation was stolen at the time and the theft was reported to the appropriate police authorities within twenty four (24) hours after the theft was discovered or reasonably should have been discovered.
B. The police officer shall notify any person identifying himself as the owner of the motor vehicle or any person who is found to be in control of the motor vehicle at the time of the alleged violation, if there is such a person, of the fact of the seizure and of the motor vehicle owner's right to an administrative hearing to be conducted under this section. (Ord. 2013-2, 2-11-2013)
10-7-9: VEHICLE IMPOUNDMENT HEARINGS:
A. Preliminary Hearing: If the owner of record of the vehicle seized pursuant to this chapter desires to appeal the seizure, said owner must make a request within twenty four (24) hours of the seizure for a vehicle impoundment hearing. Said request shall be made in person and in writing and filed with the chief of police or his/her designated agent. If the appeal is timely filed, a preliminary hearing shall be conducted by a hearing officer appointed by the chief of police with the consent of the mayor, within twenty four (24) hours after receipt of the written request, excluding Saturdays, Sundays and legal 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 hearing officer determines there is probable cause to believe that the vehicle is subject to seizure and impoundment pursuant to this chapter, the hearing officer shall order the continued impoundment of the vehicle, unless the owner of the vehicle posts a cash bond in the amount of five hundred dollars ($500.00) with the city and pays the towing company any applicable towing and storage fees. If the hearing officer determines that there is no such probable cause, the vehicle will be returned to the owner of record of the vehicle without penalty or other fees. (Ord. 2013-2, 2-11-2013)
10-7-10: ADMINISTRATIVE HEARING:
A. Within ten (10) days after a motor vehicle is seized and impounded pursuant to this chapter, the city shall notify by personal service or by first class mail to the owner of record of the owner's right to a hearing, along with the date, time and location of the hearing, to challenge whether a violation of this chapter has occurred. The hearing date must be scheduled and convened no later than forty five (45) days after the mailing of the notice, or issuance of the notice of hearing. All interested persons shall be given a reasonable opportunity to be heard at the hearing. The formal rules of evidence shall not apply at the hearing and hearsay evidence shall be admissible.
B. If, after the hearing, the hearing officer determines by a preponderance of the evidence that the motor vehicle was used in violation of this chapter, then the hearing officer shall enter an order finding the owner of record of the motor vehicle liable to the city for the applicable administrative fee.
C. If, after the hearing, the hearing officer does not determine by a preponderance of the evidence that the motor vehicle was used in such a violation, the hearing officer shall enter an order finding for the owner and for the return of the motor vehicle, or the administrative fees if already paid.
D. If owner of record fails to appear at the hearing, the owner of record shall be deemed to have waived his or her right to a hearing. If the owner of record pays such administrative fee and the motor vehicle is returned to the owner, no default order need be entered if the owner was informed of his or her right to a hearing, in which case an order of liability shall be deemed to have been made when the city receives the written waiver.
E. If a bond in the amount equal to the applicable administrative fee is posted with the police department, the impounded motor vehicle shall be released to the owner of record. The owner of the motor vehicle shall still be liable to the towing agent for any applicable towing fees.
F. If an administrative fee is imposed for a violation of this chapter, the bond will be forfeited to the city; however if a violation of this chapter is not proven by preponderance of the evidence, the bond will be returned to the person posting the bond. All bond money posted pursuant to this chapter shall be held by the city until the hearing officer issues a decision, or, if there is a judicial review, until the court of jurisdiction issues its orders.
G. Administrative hearings shall be conducted in accordance with and governed by the rules set forth in title 1, chapter 14 of this code.
H. All decisions of the administrative hearing officer shall be subject to review under the provisions of the Illinois administrative review law. (Ord. 2013-2, 2-11-2013)
10-7-11: DISPOSITION OF IMPOUNDED MOTOR VEHICLE:
A. An administrative fee imposed pursuant to this chapter shall constitute a debt due and owing the city.
B. A motor vehicle impounded pursuant to this chapter shall remain impounded until:
1. The administrative fee is paid to the city and all applicable towing fees are paid to the towing agent, in which case the owner of record shall be given possession of the motor vehicle;
2. A bond in an amount equal to the applicable administrative fee is posted with the police department and all applicable towing fees are paid to the towing agent, at which time the motor vehicle will be released to the owner of record; or
3. The motor vehicle is deemed abandoned in which case the motor vehicle shall be disposed of in the manner provided by law for the disposition of abandoned motor vehicles. (Ord. 2013-2, 2-11-2013)
10-7-12: VEHICLE POSSESSION:
A. Except as otherwise specifically provided by law, no owner, lienholder or other person shall be legally entitled to take possession of a vehicle impounded under this chapter until the civil penalty and applicable fees under this chapter 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/she agrees in writing to refund the city the amount of the net proceeds of any foreclosure sale, less any amounts required to pay lienholders of record, not to exceed five hundred dollars ($500.00) plus the applicable fees.
B. Any motor vehicle that is not reclaimed within thirty five (35) days after: 1) the expiration of the time during which the owner of record may seek judicial review of the city's action under this chapter; or 2) the time at which a final judgment is rendered against an owner of record who is in default; may be disposed of as an unclaimed motor vehicle as provided by law; provided, however, that where proceedings have been instituted under state or federal drug asset forfeiture laws, the subject motor vehicle may not be disposed of by the city except as consistent with those proceedings. (Ord. 2013-2, 2-11-2013)
10-7-13: TOWING AGENCY:
A. It shall be the duty of the towing or storage company in possession of the motor vehicle to obtain documentation issued by the police department confirming compliance with foregoing requirements, and retain photocopies of that documentation in their files for a period of not less than six (6) months following release of the motor vehicle. The foregoing information shall be made available to the authorities of the city for inspection and copying, upon their request, by the towing or storage company. The towing or storage company is prohibited from releasing any motor vehicle they may tow within the city until and unless they obtain documentation as aforesaid.
B. The towing or storage company shall be entitled to receive a reasonable fee from the owner or person entitled to possession of any such motor vehicle prior to the release of the motor vehicle. The fee shall be to cover the cost of removing said motor vehicle and, in addition thereto, the cost of storage of said motor vehicle for each day or fraction thereof that said motor vehicle shall have remained stored.
C. The fees in this section shall be in addition to any fee levied or assessed against the owner or operator of said motor vehicle by reason of violation of any ordinance or statute and any arrest which may have resulted from such violation. (Ord. 2013-2, 2-11-2013)
10-7-14: REFUND OF ADMINISTRATIVE FEE:
In the event a judgment of "not guilty" is entered by a court of competent jurisdiction on all underlying charges that could have resulted in the impoundment of a motor vehicle, then within thirty (30) days of presentation of a certified copy of said judgment to the police department, any administrative fees or posted bonds obtained by the city shall be refunded to the paying party. (Ord. 2013-2, 2-11-2013)