An Ordinance Regulating Traffic

AN ORDINANCE REGULATING TRAFFIC
By THOMAS A. MATTHEWS, J. D., Legal Consultant, Illinois Municipal League

TRAFFIC ORDINANCE

Thomas A. Matthews, J.D. Consultant, Illinois Municipal League

ARTICLE I. Definitions and General Provisions
ARTICLE II. Through streets and one-way streets
ARTICLE III. Rules for Driving
ARTICLE IV. Pedestrians
ARTICLE V. Parking Rules
ARTICLE VI. Parking Meters
ARTICLE VII. Condition of Vehicles
ARTICLE VIII. Drivers
ARTICLE IX. Penalty

BE IT ORDAINED by the City Council of the City of____________________,
Illinois, THAT:

The numerous changes in the state traffic law enacted at the recent session of the Legislature make it advisable to review and revise the traffic rules in each city and village in Illinois. The ordinance suggested in this article is designed to meet the provisions of the present state traffic law. It incorporates the regulations recommended by the Federal Public Road Administration, and the National Safety Council insofar as they comply with Illinois law.

The most drastic change in the traffic law is that found in Section 49.02 of the act relating to speed of vehicles. The speed limit in "urban" districts is set by statute at thirty miles per hour, but this limit may be changed on all streets not under the jurisdiction of the State Department of Public Works and Buildings or maintained by the county. After a traffic or engineering survey, the speed limit may be set by ordinance as low as twenty miles per hour or as high as sixty-five miles per hour on designated streets.

A minimum speed may be prescribed in a similar manner under Section 51 of the Act.

The speed limit in districts that are not "urban" as defined in Section 16 of the Act may be set by ordinance between thirty-five and sixty-five miles per hour following an engineering or traffic survey.

Signs must be posted to indicate the limits set by ordinances; the difference in adjacent speed zones cannot be more than ten miles per hour and there can be no more than six different speed zones per mile.

Signs must also be posted to indicate ordinance regulations as to parking, through streets, one-way streets, weight limitations, and turning restrictions.

The uniform traffic ticket prepared by the American Bar Association may be used in connection with this suggested ordinance. It shall be noted that "the complaint, summons, or notice to appear" in every charge of a violation of the speed limit must specify the alleged speed of the defendant and the limit applicable at the place of the alleged violation. (Section 53.01 of the Traffic Act.)

ARTICLE I—Definitions and General Provisions

1.01. Definitions.) Whenever in this chapter the following terms are used, they shall 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.

Bicycle: Every device propelled by human power upon which any person may ride, having two tandem wheels either of which is more than 20 inches in diameter.

Business District: The territory within the city contiguous to and including a street or highway when within any six-hundred feet along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, or office buildings, railroad stations, and public buildings which occupy at least three hundred feet of frontage on one side or three hundred feet collectively on both sides of the street or highway.

Crosswalk: That portion of the roadway included within the prolongation of the sidewalk lines at street intersections.

Driver: Every person who drives or is in actual physical control of a vehicle.

Emergency Vehicle: Police vehicles, vehicles of the Fire Department, Ambulances, Vehicles carrying a State, County, or Municipal officer employee in response to an emergency call, and emergency vehicles of public service corporations on an emergency call.

Explosive: Any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities, or packing that an ignition by fire, by friction, by concussion, by percussion, or by detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructible effects on contiguous objects or of destroying life or limb.

Farm Tractor: Every motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry.

Flammable Liquids: Any liquid which has a flash point of seventy degrees F. or less, as determined by tabliabue or equivalent closed cup test device.

Improved Highway: A roadway of concrete, brick, asphalt, macadam or gravel.

Intersection: The area embraced within the prolongation of the property lines of two or more streets which join at an angle, whether or not such streets cross.

Laned Roadway: A street, the roadway of which is divided into two or more clearly marked lanes for vehicular traffic.

Loading Zone: The space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.

Merging Traffic: A maneuver executed by the drivers of vehicles on converging roadways to permit 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 Tires: Every tire the surface of which in contact with the roadway is wholly or partially of metal or other hard, non-resilient material.

Motorcycle: Every motor vehicle having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor.

Motor Vehicle: Every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead wires, but not operated upon rails.

Park: To stand a vehicle, whether occupied or not, for a period of time greater than is reasonably necessary for the actual loading or unloading of persons.

Pedestrian: Any person afoot.

Pneumatic Tire: Every tire in which compressed air is designed to support the load.

Property Line: The line marking the boundary between any street and the lots or property abutting thereon.

Public Building: A building used by the municipality, the county, any park district, school district, the State of Illinois, or the United States government.

Right-of-Way: The privilege of the immediate use of the roadway.

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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.

Safety Zone: That portion of a roadway reserved for the exclusive use of pedestrians, suitably marked or elevated.

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 school activities.

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 line or roadway and the adjacent property line designated for pedestrian use.

Solid Tire: Every tire of rubber or other resilient material which does not depend upon compressed air for the support of the load.

Street or Highway: The entire width between property lines of each side or place of whatever nature when any part thereof is open to the use of the public, as a matter of right, for the purpose of vehicular traffic and each way set aside for public travel by vehicles.

Traffic: Pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together while using any highway for the purpose of travel.

Trailer: Every vehicle without motive power designed for carrying passengers or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.

Truck Tractor: Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.

Urban District: The territory contiguous to and including any street which is built up with structures devoted to business, industry or dwelling houses situated at intervals of less than 100 feet for a distance of a quarter mile or more.

Vehicle: Every device in, upon or by which any person or property is or may be transported or drawn upon a highway except devices moving 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 imediate use of the intersecting roadway to traffic within the intersection and to vehicles approaching from the right or left, provided that when the roadway is clear the vehicle may proceed into the intersection.

1.02. Obedience to police.) Members of the police department, and special police assigned to traffic duty, are hereby authorized to direct all traffic in accordance with the provisions of this chapter, or in emergencies as public safety or convenience may require, and it shall be unlawful for any person to fail or refuse to comply with any lawful order, signal or direction of a policeman. Except in case of emergency it shall be unlawful for any person not authorized by law to direct or attempt to direct traffic.

1.03. Scene of Fire.) The fire department officer in command, or any fireman designated by him, may exercise the powers and authority of a policeman in directing traffic at the scene of any fire or where the fire department has responded to an emergency call for so long as fire department equipment is on the scene, in the absence of or in assisting the police.

1.04. Signs and signals.) It shall be unlawful for the driver of any vehicle to disobey the instructions of any traffic sign or signal placed in view by authority of the city council or in accordance with the laws of the State of Illinois, excepting on direction of a police officer. All signs and signals established by direction of the governing body shall conform to the State Manual of Uniform Traffic Control Devices for Streets and Highways.

1.05. Traffic-control signal legend.) Whenever traffic is controlled by traffic-control signals exhibiting the words "Go", "Caution", or "Stop", or exhibiting different colored lights successively the following colors only shall be used and said terms and lights shall indicate as follows:

(a) Green alone or "Go".

1. Vehicular traffic facing the signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. But vehicular traffic shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection at the time such signal is exhibited.

2. Pedestrians facing the signal may proceed across the roadway within any marked or unmarked crosswalk.

(b) Yellow or "Caution" when shown with or following the green or "go" signal.

1. Vehicular traffic facing the signal shall stop before entering the nearest crosswalk at the intersection, but if such stop cannot be made in safety, a vehicle may be driven cautiously through the intersection.

2. Pedestrians facing such signal are thereby advised that there is insufficient time to cross the roadway, and any pedestrian then starting across shall yield the right-of-way to all vehicles.

1. Vehicular traffic facing the signal shall stop before entering the nearest crosswalk at an intersection, or at such other point as may be indicated by a clearly visible line and shall remain standing until green or "go" is shown alone.

2. No pedestrian facing such signal shall enter the roadway unless he can do so safely and without interfering with any vehicular traffic.

(d) Red with green arrow.

1. Vehicular traffic facing such signal may cautiously enter the intersection only to make the movement indicated by such arrow but shall not interfere with other traffic or endanger pedestrians lawfully within a crosswalk.

2. No pedestrian facing such signal shall enter the roadway unless he can do so safely and without interfering with any vehicular traffic.

(e) Yellow when shown with the-red signal.

1. Vehicular traffic facing such signal shall not enter the nearest crosswalk at an intersection nor proceed beyond such other points as may be indicated by a clearly visible line while this signal is displayed, but is advised that another signal indication which will permit a traffic movement is about to be displayed.

2. No pedestrian facing such signal shall enter the roadway unless he can do so safely and without interfering with any vehicular traffic.

(f) In the event an official traffic control signal or flashing red signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to provisions which by their nature can have no application. Any stop required shall be at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking, the stop shall ibe made at the signal.

1.06. Flashing signals.) Whenever flashing red or yellow signals are used they shall require obedience by vehicular traffic as follows:

1. Flashing red (stop signal). When a red lens is illuminated by rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a. limit line when marked, or if none, then before entering the intersection and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign.

2. Flashing yellow (caution signal) : When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such

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signal only with caution.

1.07. Unauthorized signs.) No person shall place, maintain or display upon or in view of any highway any unauthorized, sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic control device or railroad sign or signal, or which attempts to direct the movement of traffic, nor shall any person place, maintain or display upon or in view ot any highway any other sign which hides from view or interferes with the movement of traffic or effectiveness of any traffic control device or any railroad sign or signal, and no person shall place or maintain nor shall any public authority permit upon any highway any traffic or signal bearing thereon any commercial advertising.

It shall be unlawful for any person to deface, injure, move or interfere with any official traffic sign or signal. Any such unauthorized device is hereby declared to be a nuisance, and may be removed by any policeman.

It shall be unlawful for any person to deface, injure, move or interfere with any official traffic sign or signal.

1.08. Animals or Bicycles.) Every person riding a bicycle or an animal, or driving any animal drawing a vehicle upon any street, shall be subject to the provisions of this ordinance applicable to the driver of a vehicle, except those provisions which can have no application to one riding a bicycle or driving or riding an animal. Provided that, except in business districts, bicycles may be ridden on sidewalks.

1.09. Exemptions.) The provisions of this ordinance regulating the movement or parking of vehicles shall not apply to the driver of any authorized emergency vehicle when responding to an emergency call, but such driver up-necessary for safety but may proceed on approaching a red or stop signal or any stop sign shall slow down as necessary for safety but may proceed cautiously past such red or stop sign or signal. At other times drivers of authorized emergency vehicles shall stop in obedience to a stop sign or signal.

No driver of any authorized emergency vehicle shall assume any special privileges under the act except when such vehicle is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law.

The provisions of this ordinance regulating the movement and parking of vehicles shall not apply to equipment or vehicles while actively engaged in installing, repairing, or otherwise Improving streets or street pavement.

ARTICLE II—Through Streets and One-Way Streets 2.01. Through Streets.) The streets and parts of streets of the City designated by ordinance as through streets are hereby declared to be through streets. The driver of a vehicle shall stop at the entrance to a through street and shall yield the right-of-way to other vehicles which have entered the intersection or which are approaching so close on a through street as to constitute an immediate hazard, unless directed otherwise by the traffic officer or a traffic control signal.

2.02. One-way streets or alleys.) It shall be unlawful to operate any vehicle on any street or alley designated as a one-way street or alley by ordinance, in any direction other than that so designated.

2.03. Stop streets.) The driver of a vehicle shall stop in obedience to a stop sign at an intersection where a stop sign is erected at one or more entrances thereto, and shall proceed cautiously yielding to the vehicles not so obliged to stop which are within the intersection or approaching so close as to constitute an immediate hazard, unless traffic at such intersection is controlled by a police officer on duty, in which event the directions of the police officer shall be complied with.

2.04. Posting signs.) The Chief of Police or any other person designated by the Mayor or Council shall post or cause to be posted suitable signs for all such through streets, one-way streets or alleys, and stop intersections.

ARTICLE III—Rules for Driving 3.01. Required position and method of turning at intersections.) The driver ot a vehicle intending to turn at an intersection shall do so as follows:

(a) Both the approach for a right turn and a right turn shall be made as close as practical to the right-hand curb or edge of the roadway.

(b) At any intersection where traffic is permitted to move in both directions on each roadway entering the intersection, an approach for a left turn shall be made in that portion of the right halt of the roadway nearest the center line thereof and by passing to the right of such center line where it enters the intersection and after entering the intersection the left turn shall be made so as to leave the intersection to the right of the center line of the roadway being entered. Whenever practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection.

(c) At any intersection where traffic is restricted to one direction on one or more of the roadways, the driver of a vehicle intending to turn left at any such intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle and after entering the intersection the left turn shall be made so aa to leave the intersection, as nearly as practicable in the left lane lawfully available to traffic moving in such direction upon the roadway being entered.

The driver of a vehicle about to enter or cross a highway from a private road or driveway shall yield the right-of-way to all vehicles approaching on said highway.

3.02. Turning on crest of hill.) No vehicle shall be turned so as to proceed in the opposite direction upon any curve, or upon the approach to, or near the crest of a grade, where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within 500 feet.

3.03. Starting parked vehicle.) No person shall start a vehicle which is stopped, standing, or parked unless and until such movement can be made with reasonable safety.

3.04. Driver's signal.) No driver of a vehicle shall suddenly start, slow down, stop or attempt to turn without first giving a suitable signal in such a manner as to apprise others who might be affected by his action.

(a) No person shall turn a vehicle from a direct course upon a highway unless and until such movement can be made with reasonable safety and then only after giving a clearly audible signal by sounding the horn if any pedestrian may be affected by such movement or after giving an appropriate signal in the manner hereinafter provided in the event any other vehicle may be affected by such movement.

(b) A signal of intention to turn right or left shall be given during not less than the last 100 feet traveled by the vehicle before turning.

The signals herein required shall be given either by means of the hand and arm or by a signal lamp or signal device, but when a vehicle is so constructed or loaded that a hand and arm signal would not be visible both to the front and rear of such vehicle then said signals must be given by such a lamp or device.

All signals herein required given by hand and arm shall be given from the left side of the vehicle in the following manner and such signals shall indicate as follows:

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.

3.05. Driving from alleys, driveways or garages.) The driver of a vehicle emerging from an alley, driveway or garage, shall stop such vehicle immediately prior to driving onto a sidewalk, or across a sidewalk line projected across such alley, and shall exercise extreme care in driving upon said sidewalk or across such line.

3.06. Vehicles not to be driven on sidewalks or in safety zones.) No driver of a vehicle shall drive within

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any sidewalk area, except at a permanent or temporary driveway, nor at any time into or upon any portion of a roadway marked as a safety zone.

3.07. Right-of-way.) Excepting as otherwise herein provided, the driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different highway; and when two vehicles entering an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.

3.08. Vehicle turning left.) The driver of a vehicle within an intersection intending to turn to the left shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard, but said driver, having so yielded and having given a signal when and as required, may make such left turn and the drivers of all other vehicles approaching the intersection from said opposite direction shall yield the right-of-way to the vehicle making the left turn.

3.09. Limitations on turning around.) It shall be unlawful for the operator of any vehicle to turn such vehicle so as to proceed in the opposite direction unless such movement can be made in safety and without backing into traffic or otherwise interfering with traffic.

3.10. "U" turns.) It shall be unlawful for the operator of any vehicle to make a "U" turn at any place where such turns are prohibited by ordinance.

3.11. No left turn.) It shall be unlawful for the operator of any motor vehicle to turn left at any place where such turns are prohibited by ordinance.

3.12. (A) Fire Department vehicles —Fires.) Upon the approach of a Fire Department vehicle, drivers of vehicles shall comply with the provisions of Section 3.20 of this ordinance relating to the approach of authorized emergency vehicles.

It shall be unlawful for the driver of any vehicle, other than one on official business, to follow any fire apparatus in response to a fire alarm, closer than one block, or to park any vehicle within the block where fire apparatus has stopped to answer a fire alarm.

It shall be further unlawful for the driver of any vehicle to drive over any unprotected hose of the fire department without the consent of the fire marshal or the assistant in command.

3.13. Driving on right side of roadway.) Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway except as follows:

1. When overtaking and passing an other vehicle proceeding in the same direction under the rules governing such movement;

2. When the right half of a roadway is closed to traffic while under construction or repair;

3. Upon a roadway divided into three marked lanes for traffic under the rules applicable thereon; or

4. Upon a roadway designated and sign posted for one-way traffic.

6. Whenever there is a single track paved road on one side of the public highway and two vehicles meet thereon, the driver on whose right is the wider shoulder shall give the right-of-way on such pavement to the other vehicle.

3.14. Passing vehicles.) Drivers of vehicles proceeding in opposite directions shall pass each other to the right and upon roadways having width for not more than one line of traffic in each direction each driver shall give to the other at least one-half of the main traveled portion of the roadway as nearly as possible.

3.15. Overtaking vehicles.) The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules hereinafter stated:

(a) The driver of a vehicle overtaking another vehicle proceeding the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.

(b) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.

3.16. Overtaking vehicles on the right.)

(a) The driver of a vehicle may overtake and pass upon the right of another vehicle which is making or about to make a left turn.

(b) The driver of a vehicle may overtake and, allowing sufficient clearance, pass another vehicle proceeding in the same direction either upon the left or upon the right on a roadway with unobstructed pavement of sufficient width for four or more lines of moving traffic when such movement can be made in safety. No person shall drive off the pavement or upon the shoulder of the roadway in overtaking or passing on the right.

(c) The driver of a vehicle may overtake and pass another vehicle upon the right on a one-way street, or on any street on which traffic is restricted to one direction of movement where the roadway is tree from obstructions and of sufficient width for two or more lanes of moving vehicles.

3.17. Limitations on overtaking on the left.)

(a) No vehicle 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. In every event the overtaking vehicle must return to the right hand side of the roadway before coming within 100 feet of any vehicle approaching from the opposite direction.

(b) No vehicle shall in overtaking and passing another vehicle or at any other time, be driven to the left side of the roadway under the following conditions:

1. When approaching the crest of a grade or upon a curve in the highway, where the driver's view is obstructed within sufficient distance as to create a hazard in the event another vehicle might approach from the opposite direction.

2. When approaching within 100 feet of or traversing any intersection or railroad grade crossing.

3. Where official signs are in place directing that traffic keep to the right, or a distinctive center line is marked, which distinctive line also so directs traffic as declared in the sign manual adopted by the State Department of Public Works and Buildings.

4. The limitations in sub-paragraphs 1 and 2 of this paragraph "(b)" shall not apply upon a one-way street or upon a street with unobstructed pavement of sufficient width for two or more lanes of moving traffic in each direction when such movement can be made with safety.

3.18. One-way roadways and rotary traffic islands.)

(a) Upon a roadway designated and sign-posted for one-way traffic a vehicle shall be driven only in the direction designated.

(b) A vehicle passing around a rotary traffic island shall be driven only on the right of such island.

3.19. Driving on roadways laned for traffic.) Whenever any roadway has been divided into three or more clearly marked lanes for traffic the following rules in addition to all other's consistent herewith shall apply:

(a) A vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.

(b) Upon a roadway which is divided into three lanes a vehicle shall not be driven in the center lane except when overtaking and passing another

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vehicle where the roadway is clearly visible and such center lane is clear of traffic within a safe distance, or in preparation for a left turn or where such center line is at the time allocated exclusively to traffic moving in the direction that the vehicle is proceeding and is sign-posted to give notice of such allocation.

(c) Official signs may be erected directing slow-moving traffic to use a designated lane or allocating specified lanes to traffic moving in the same direction and drivers of vehicles shall obey the directions of every such sign.

3.20. Operation of vehicles on approach of authorized emergency vehicles.) Upon the immediate approach of an authorized emergency vehicle, when the driver is giving audible sign by siren, or bell, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible the right-hand edge or curb of the highway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.

This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.

3.21. Reckless or careless driving.) It shall be unlawful to operate any vehicle in the city in a reckless or wanton manner, or carelessly so as to endanger life or property.

3.22. Speed restrictions.) It shall be unlawful to drive any motor vehicle on any street not under the jurisdiction of the Department of Public Works and Buildings, State of Illinois, or the County, in an Urban District within the city at a speed in excess of thirty miles per hour, or in an alley at a speed in excess of fifteen miles per hour.

Provided that it the city council, by ordinance, sets other limits as provided by statute after an engineering or traffic survey, then such limits shall govern the rate of speed on the streets indicated in such ordinance. The superintendent of streets shall post appropriate signs showing such speed limits.

Provided further that the speed of all vehicles, of the second division, as defined by statute, having two or more solid tires shall not exceed ten miles per hour.

The fact that the speed of a vehicle does not exceed the applicable maximum speed limit does not relieve the driver from the duty to decrease speed when approaching and crossing an intersection, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway or when special hazards exist with respect to pedestrians or other traffic by reason of weather or highway conditions; and speed shall 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 the duty of all persons to use due care.

It shall be unlawful to drive any vehicle on any street or highway within the city under the jurisdiction of the State Department of Public Works and Buildings, or of the County, at a speed exceeding that lawfully set for such street.

3.23. Traffic not to be obstructed.)

No vehicle shall be operated or allowed to remain upon the street in such a manner as to form an unreasonable obstruction to the traffic thereon.

3.24. Bicycles and Motorcycles.) It shall be unlawful for more than one person to ride upon any bicycle propelled by human power upon any street, or for any person to ride upon any motorcycle other than upon a seat permanently attached to said vehicle to the right or rear of the operation.

3.25. Unattended vehicles.) No vehicle shall be left unattended while the motor of such vehicle is running; and no vehicle shall be left without a driver on any hill or incline unless the vehicle is secured against moving.

Whenever any police officer finds a vehicle unattended upon any bridge or causeway or in any tunnel where such vehicle constitutes an obstruction to traffic, such officer is hereby authorized to provide for the removal of such vehicle to the nearest garage or other place of safety.

3.26. Unattended animals.) It shall be unlawful to leave any horse or other draft animal unattended in any street without having such animal securely fastened.

3.27. Clinging to vehicles.) It shall be unlawful for any person on any street riding a bicycle, motorcycle, or any toy vehicle to cling to or to attach himself or his vehicle to any moving motor vehicle or wagon.

3.28. Toy vehicles.) It shall be unlawful for any person upon skates, a coaster, sled or other toy vehicle, to go upon any roadway other than at a crosswalk.

3.29. Riding on running boards.) It shall be unlawful for any person to ride upon the fenders, running board or outside step of any vehicle.

3.30. Train signals.) The driver of a vehicle approaching a railroad grade crossing when a signal device gives warning of the immediate approach of a train, shall stop within fifty feet but not less than ten feet from the nearest track of such railroad and shall not proceed until he can do so safely. . . .

The driver of a vehicle shall stop at and not traverse such grade crossing when a crossing gate is lowered or when a flagman, or automatic signal warns of the approach of a train.

The driver of any motor vehicle carrying passengers for hire, or any school bus carrying any school children, or any vehicle carrying explosives or flammable liquid as cargo shall stop such vehicle within fifty feet but not less than ten feet from the nearest rail of the tracks and shall listen and look in both directions along such track from which a train might come, before proceeding across such tracks at a grade crossing. Provided that no such stop need be made at any such crossing where a police officer or a traffic-control signal directs traffic to proceed.

3.31. Driving through funeral or other procession.) No driver of a vehicle shall drive between the vehicles comprising a funeral or other authorized procession while they are in motion and when such vehicles are conspicuously designated as required in this article. This provision shall not apply at intersections where traffic is controlled by traffic-control signals or police officers.

3.32. Drivers in a procession.) Each driver in a funeral or other procession shall drive as near to the right-hand edge of the roadway as practical and shall follow the vehicle ahead as close as practical and safe.

3.33. Funeral processions to be identified.) A funeral composed of a procession of vehicles shall be identified as such by the display upon the outside of each vehicle of a pennant or other identifying insignia, and by having the lights of each vehicle lighted.

3.34. Backing.) The driver of a vehicle shall not back the same unless such movement can be made with reasonable safety and without interference with other traffic.

3.35. Restricted access.) No person shall drive a vehicle on to or from any controlled or limited controlled access roadway except at such entrances and exits as are established by public authority.

3.36. Trucks prohibited on certain streets.) It shall be unlawful to drive any truck, except for the purpose of making a delivery and then for one block only on any street so designated by ordinance and properly sign posted.

3.37. Limited load streets.) Whenever the weight of vehicles permitted on a street is limited by ordinance and signs indicating such limitations are posted, it shall be unlawful to operate a vehicle in excess of such weight on such street, except for the purpose of making delivery or picking up a load, in which case such vehicle may be driven on such street for not more than the minimum distance necessary for the purpose.

3.38. School buses): The driver of a vehicle on a street or highway upon meeting or overtaking from either direction any school bus which has stopped on the highway for the pur-

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pose of receiving or discharging any school children shall stop the vehicle before reaching such school bus when there is in operation on the bus a visual signal as required by the statute for operation while the bus is transporting pupils; provided that the driver of a vehicle upon a street or highway of which the roadway for traffic moving in opposite directions are separated by a strip of ground which is not surfaced or suitable for vehicle traffic need not stop his vehicle upon meeting or passing a school bus which is on the opposite roadway.

ARTICLE IV—Pedestrians

4.01. Right-of-way.) Where traffic control signals are not in place or in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be, to a pedestrian crossing the roadway or street within any marked crosswalk or within any unmarked crosswalk.

Whenever stop signals or flashing red signals are in place at an intersection or a marked crosswalk between intersection the pedestrian shall have the right-of-way over drivers of vehicles; and at such marked places drivers of vehicles shall stop before entering the nearest crosswalk and any pedestrian within or entering the crosswalk at either edge of the roadway shall have the right-of-way over any vehicle so stopped.

The driver of a vehicle shall stop before entering any crosswalk when any vehicle proceeding in the same direction is stopped at such crosswalk for the purpose of permitting a pedestrian to cross.

4.02. Pedestrians crossing roadway.) At no place shall a pedestrian cross any roadway other than by the most direct route to the opposite curbing, and when crossing at any place other than a crosswalk he shall yield the right-of-way to all vehicles upon the roadway.

No person shall stand or loiter in any roadway other than in a safety zone, if such act interferes with the lawful movement of traffic.

4.03. Signals.) At intersections where traffic is directed by a policeman or by a stop and go signal, it shall be unlawful for any pedestrian to cross the roadway other than with released traffic, if such crossing interferes with the lawful movement of traffic.

4.04. Standing on sidewalk.) It shall be unlawful for a pedestrian to stand upon any sidewalk except as near as reasonably possible to the building line or curb line, if such standing interfered with the use of said sidewalk by other pedestrians.

4.05. Pedestrian crossing.) (a) Between adjacent intersections at which traffic-control signals are in operation, pedestrians shall not cross at any place except in a crosswalk, (b) No pedestrian shall cross a roadway other than in a crosswalk in any business section.

4.06. Pedestrian walking along roadways.) (a) Where sidewalks are provided it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.

(b) Where sidewalks are not provided, any pedestrian walking along and upon a highway shall when practicable walk only on the left side of the roadway or its shoulder facing traffic, and upon meeting a vehicle shall step off to the left.

4.07. Blind pedestrians—Right-of-way.) Any blind person who is carrying in a raised or extended position a cane or walking stick which is white in color or white tipped with red, or who is being guided by a dog, shall have the right-of-way in crossing any street or highway, whether or not traffic on such street or highway is controlled by traffic signals, anything in this act to the contrary notwithstanding. The driver of every vehicle approaching the place where a blind person, so carrying such a cane or walking stick or being so guided, is crossing a street or highway shall bring his vehicle to a full stop and before proceeding shall take such precautions as may be necessary to avoid injury to the blind person. The provisions of this section shall not apply to a blind person who is not carrying such a cane or walking stick or to be guided by a guide dog when walking on streets, highways or sidewalks shall not be considered evidence of contributory negligence..

ARTICLE V—Parking Rules

5.01. No parking places.) At any time it shall be unlawful to permit any vehicle to stand in any of the following places, except when necessary to avoid conflict with other traffic or in compliance with the directions of a policeman or traffic control device:

1. In any intersection.

2. In a crosswalk.

3. Upon any bridge or viaduct, or in any subway or tunnel or the approach thereto.

4. Between a safety zone and the adjacent curb or within thirty feet of a point of the curb immediately opposite the end of a safety zone.

5. Within thirty feet of a traffic signal, beacon, or sign on the approaching side.

6. Within twenty feet of any intersection or crosswalk.

7. At any place where the standing of a vehicle will reduce the usable width of the roadway for moving traffic to less than eighteen feet.

8. Within fifteen feet of a fire hydrant.

9. At any place where the vehicle would block the use of a driveway.

10. Within fifty feet of the nearest rail of a railroad grade crossing.

11. Within twenty feet of the driveway entrance to any fire department station and on the side of the street opposite the entrance to any such station within seventy-five feet of such entrance when properly sign posted.

12. On any sidewalk or parkway.

13. At any place where official signs prohibit parking.

5.02. Parking at curb.) No vehicle shall be parked with the left side of such vehicle next to the curb, except on one way streets, and it shall be unlawful to stand or park any vehicle in a street other than parallel with the curb and with the two right wheels of the vehicle within 12 inches of the regularly established curb line, except that upon those streets that have been marked for angle parking, vehicles shall be parked at the angle to the curb indicated by such marks.

5.03. Vehicles for sale.) It shall be unlawful to park any vehicle upon any street for the purpose of displaying it for sale, or to park any vehicle upon any business street from which vehicle, merchandise is peddled.

5.04. Loading zone.) It shall be unlawful for the driver of a vehicle to stand a passenger vehicle for a period of time longer than is necessary for the loading or unloading of passengers, not to exceed three minutes, and for the driver to stand any freight carrying vehicles for a period of time longer than is necessary to load, unload and deliver materials, not to exceed thirty minutes, in any place designated by the City Council as a loading zone and marked as such, or in any of the following designated places:

1. At any place not to exceed seventy-five feet along the curb before the entrance to any hospital or hotel at any time.

2. At any place not to exceed seventy-five feet along the curb before the entrance to a public building between eight o'clock A.M. and six o'clock P.M. except on Sunday.

3. Directly in front of the entrance to any theater at any time that the theater is open for business.

5.05. All night parking.) No person shall park any vehicle on any street for a period of time longer than 30 minutes between the hoars of 2 A.M. and 5 A.M. of any day, except physicians on emergency calls.

5.06. Alleys.) No person shall park a vehicle within an alley in such a manner or under such conditions as to leave available less than 10 feet of the width of the roadway for the free movement of vehicular traffic, and no person shall stop, stand, or park a vehicle within an alley in such a position as to block the driveway entrance to any abutting property.

(Continued on page 42)

Page 37 / Illinois Municipal Review / February 1958

AN ORDINANCE REGULATING TRAFFIC

(Continued, from page 37)

5.07. Cab stands—bus stands.) No vehicle other than a licensed taxicab shall be parked in any area designated by ordinance as a cab stand; and no vehicle other than a bus shall be parked in a place so designated as a bus loading zone.

5.08. Time limit parking.) Except on Sundays or Holidays, it shall be unlawful to park any vehicle for a longer consecutive period of time than that designated between the hours of eight A.M. and six P.M., in any area designated as a limited parking area and so marked.

5.09. Signs.) The Chief of Police or any other person authorized by the Mayor or Council shall cause signs to to be posted in all areas where parking is limited or prohibited, indicating such limitations or prohibitions.

ARTICLE VI—Parking Meters

6.01. Definition.) Parking Meter—a mechanical device located upon a public street or sidewalk in a place designated by the Council as a parking meter zone hereafter denned, which device shall record a certain number of minutes by the use of a clock mechanism determining the period of time for which parking privileges may be extended to the person depositing a coin therein.

Parking Meter Zone: An area designated by the Council where a vehicle may be temporarily parked and allowed to remain for the period of time indicated on the meter.

6.02. Parking meter zone.) Parking meter zones shall be such as may from time to time be established by ordinance.

6.03. Parking rules.) It shall be unlawful to park any vehicle or to permit a vehicle to remain parked, in any parking meter zone for a period longer than designated on such meter, between the hours designated thereon, except on Sundays and holidays (the term holiday shall include the following days only: The first of January; the thirtieth day of May; the fourth day of July; the first Monday in September; the twenty-fifth of December (Christmas) and the day designated and set aside by the President of the United States as a day of Thanksgiving) or to park a vehicle in any zone without paying the fee hereinafter designated; or to permit a vehicle to remain parked longer than in any such zone than for the period for which the fee was paid; except on Sundays and holidays.

6.04. Placing meters.) Parking meters shall be installed in the parking meter zones as established and provided for by ordinance and shall be placed upon the curb immediately adjacent to the individual parking places hereinafter described. Each parking meter shall be placed or set in such a manner as to show or display by a signal whether or not the parking space adjacent to such meter is legally in use.

6.05. Marking places.) The Chief of Police shall have markings painted or placed upon the curb of street adjacent to each parking meter for the purpose of designating the parking space and the angle at which vehicles are parked to the curb. Each vehicle parking within any parking meter zone shall park within the line or markings so established. It shall be unlawful to park any vehicle across any such line or marking or to park said vehicle in such position that the same shall not be 'entirely within the area designated by such lines or markings.

6.06. Placing coins in meters.) Any person desiring to park any vehicle within such parking meter space shall deposit the proper coins for the time desired aa follows:

One cent for each 12 minutes of time desired; five cents or one nickel for each hour of time desired; twenty-five cents for eight hours of time desired.

6.07. Tampering with meters.) It shall be unlawful for any person not authorized by the Council to deface, injure, tamper with, open or willfully break, destroy or impair the usefulness of any parking meter installed under the provisions of this article.

It shall be unlawful to deposit any slug, device or metallic or other substitute for a coin in any parking meter.

ARTICLE VII—Condition of Vehicle

7.01. Clear Vision.) It shall be unlawful to operate any vehicle which is loaded or in such a condition that the operator does not have a clear vision of all parts of the roadway essential to the safe operation of the vehicle. Any view of the roadway to the rear so obstructed shall be equipped with a mirror so attached as to give him a view of the roadway behind him.

7.02. Signal Lamps.) Any motor vehicle in use on a highway shall be equipped with, and required signal shall be given by, a signal lamp or lamps or mechanical signal device when the distance from the center of the top of the steering post to the left outside limit of the body, cab, or load of such motor vehicle exceeds twenty-four inches, or when the distance from the center of the top of the steering post to the rear limit of the body or load thereof exceeds fourteen feet. The latter measurement shall apply to any single vehicle, also to any combination of vehicles.

7.03. Unnecessary Noise.) It shall be unlawful to operate a vehicle which makes unusually loud or unnecessary noise.

7.04. Horn.) Every motor vehicle shall be equipped with a good and sufficient audible signalling device in efficient working condition. Such signalling device shall be sounded when necessary to give timely warning of the approach of a vehicle, but such horn or other signalling shall not be sounded for any purpose other than as a warning of impending danger.

No motor vehicle other than an emergency vehicle shall be equipped with a siren or gong signalling device.

7.05. Gas and Smoke.) It shall be unlawful to operate any vehicle which emits dense smoke or such an amount of smoke or fumes as to be dangerous to the health of persons or as to endanger the drivers of other vehicles.

7.06. Projecting loads—width and height.) The maximum width and height of any vehicle and its load shall not exceed the limits expressed in the state traffic law.

Page 42 / Illinois Municipal Review / February 1958

No passenger type vehicle shall be operated on the streets with a load extending beyond the line of the tenders on the left side of the vehicle nor extending more than six inches beyond the line of the tenders on the right side thereof.

No vehicle, unladen or with load, shall exceed a length of forty-two feet extreme over all dimensions.

No combination of vehicles coupled together shall consist of more than two units, and no such combination of vehicles, unladen or with load, shall exceed a total length of fifty feet; but such length limitations shall not apply to vehicles operated in daytime when transporting pipes, poles, machinery and other objects which cannot be readily dismembered, nor to such vehicles operated at night time by a public utility when engaged in emergency repair work; but such loads carried at night shall be clearly marked with sufficient lights to show the full dimensions of the load.

No part of the load of a vehicle shall extend more than three feet in front of the extreme front portion of the vehicle.

7.07. Brakes.) It shall be unlawful to drive any motor vehicle upon a street unless such vehicle is equipped with good and sufficient brakes in good working condition, as required by the state traffic law, or to operate any vehicle which is so loaded that the operator does not have ready access to the mechanics operating the brakes of such vehicle.

7.08. Muffler.) No motor vehicle shall be operated on any street unless such vehicle is provided with a muffler in efficient actual working condition; and the use of a cutout is prohibited.

7.09. Lights.) It shall be unlawful to operate or park on any street any vehicle not equipped with adequate lights conforming to the requirements of the state law, provided that vehicles may be parked at night time without lights on any street or portion thereof, designated by ordinance as a place where vehicles may so park at night time.

7.10. Volunteer Fireman.) Any motor vehicle owned or usually operated by a volunteer fireman may be equipped with not to exceed two lamps which shall emit a blue light without glare. One such lamp may be mounted on the rear of any such vehicle. A flashing blue light may be used only when such fireman is responding to a fire wall.

7.11. Non-skid devices.) It shall be unlawful to operate upon any street any motor vehicle equipped with any non-skid device so constructed that any rigid or non-flexible portion thereof comes into contact with the pavement, or roadway.

7.12. Tires.) It shall be unlawful to operate on any street any motor vehicle which is not equipped with tires conforming to the requirements of the state traffic law.

7.13. Weight.) It shall be unlawful to drive on any street any motor vehicle with a weight, including load, in excess of that permitted by the state traffic law for driving on improved highways, or with weight distributed in a manner not conforming to such law.

7.14. Spilling Loads.) No vehicle shall be so loaded that any part of its load spills or drops on any street or alley in the municipality.

7.15. Bicycles.) (a) Every bicycle when in use at night time shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least 600 feet to the front and with a reflector on the rear of a type which shall be visible from all distances from 50 feet to 300 feet to the rear when directly in front "of lawful upper beams of headlamps on a motor vehicle. A lamp emitting a red light visible from a distance of 500 feet to the rear may be used in addition to the red reflector.

(b) No person shall operate a bicycle that is not equipped with a bell or other device capable of giving a signal audible for a distance of at least 100 feet, except that a bicycle shall not be equipped with nor shall any persons use upon a bicycle any siren or whistle.

ARTICLE VIII—Drivers

8.01. Liquor or Drugs.) It shall be unlawful for the habitual user of narcotic drugs to operate any motor vehicle on any street; and it shall be unlawful for any intoxicated person, or any person under the influence of alcohol or of a narcotic drug, to operate or attempt to operate any motor vehicles on any street.

8.02. Accidents.) The driver of a vehicle which has collided with, or been in an accident with any vehicle, person or property in such a manner as to cause injury or damage shall stop immediately, and render such assistance as may be possible, and to give his true name and residence to the injured person or any other persons requesting the same on behalf of the injured person, or the owner of the property damaged, and to a policeman if one is present. A report of each such accident shall be given by the driver of each vehicle concerned in it to the Chief of Police within twenty-four hours after the accident.

ARTICLE IX—Penalty 9.01. General.) Any person, firm or corporation violating any provisions of this ordinance shall be fined not less than one dollar nor more than one hundred dollars for each offense.

9.02. Arrests.) Any person arrested for a violation of any provision of this ordinance shall be released upon proper bail being furnished as required by statute. The police officer in command at the station may, in the absence of a police magistrate or justice, prescribe the amount of bail or bond in each instance. Provided that any arrested person may at his own request, have the amount of such bond set by a magistrate or justice of the peace as provided by statute.

9.03. Tickets.) For offenses other than driving while intoxicated or reckless driving, police officers, after making note of the license number of the vehicle (and name of the offender where possible) may issue a traffic violation ticket notifying the offender to appear in court at the time designated for hearing such cases. Such officer may sign a complaint for the issuance of a warrant if the offender does not appear at the time and place so specified.

9.04. Prima facie proof.) The fact that an automobile which is illegally parked is registered in the name of a person shall be considered prima-facie proof that such person was in control of the automobile at the time of such parking.

9.05. Parking violations.) Any person accused of a violation of an ordinance prohibiting parking a vehicle in a designated area or restricting the length of time a vehicle may be there parked, or parking in a metered area without putting a coin in the meter to cover the required time, may settle and compromise the claim against him or her for such illegal parking by paying to the municipality the sum of fifty cents within forty-eight hours of the time such alleged offense was committed. Such payment may be made at the Police Station, and a receipt shall be issued for all money so received, and such money shall be promptly turned over to the Treasurer to be used in the manner provided for the disposition of fines for traffic violations.

The members of the Police Department are hereby authorized to refrain from instituting a prosecution for the alleged offense involved.

Provided that this section shall not apply to persons parking a vehicle so as to obstruct the entrance or exit of any place where police or fire department apparatus or other emergency equipment is kept or housed, or so as to block an emergency entrance in a hospital. Nor shall this section apply to any person charged with parking a vehicle so as to entirely obstruct traffic in any street or alley, or parking in such a way as to reduce traffic on an arterial street to one-way traffic only; nor to any person who refuses to move a vehicle illegally parked at the request of any member of the Police Department.

Page 43 / Illinois Municipal Review / February 1958

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