[Adopted 8-15-1994 by Ord. No. 95-9]
A.
The operator of any vehicle shall not stop, stand
or park a vehicle on either side of the street in any of the following
places, except when necessary in an emergency, to avoid conflict with
other traffic or in compliance with directions of a police officer
or authorized personnel:
|
Street
|
From
|
To
| |
|---|---|---|---|
|
Main Street
|
Elkhart
|
The Lake
| |
|
Walnut Street
|
Conrey
|
Williamsville High School
|
B.
The registered owner of a vehicle found in violation
of Subsection A above, as well as the person in actual possession
of the vehicle, shall be responsible for any violation.
D.
Operation of an administrative adjudication system.
(1)
These provisions shall provide a system of administrative
adjudication as required by 625 ILCS 5/11-208.3 to cause the suspension
of a registered vehicle owner's or lessee's driver's license upon
their failure to pay fines or penalties due and owing as a result
of 10 or more Village of Williamsville standing and/or parking violations.
(2)
Continuing practices.
(a)
These provisions shall not preclude the Village
of Williamsville from adopting procedures pursuant to 625 ILCS 5/6-306.5
providing for the authority to file a certified report to the Illinois
Secretary of State upon a person's failure to satisfy any fine or
penalty imposed by a final judgment from a court of law for 10 or
more standing and/or parking violations.
(3)
The Village Clerk shall serve as parking administrator
and shall be authorized to adopt, distribute and process parking violation
notices and other notices required, collect money paid as fines and
penalties for violation of parking ordinances, and shall operate the
administrative adjudication system.
E.
A person receiving a citation for a parking violation
may challenge the parking citation by making an appearance in one
of the following manners:
(1)
Payment of the fine indicated on the citation. Such
payment shall be made by the deadline stated on the citation and shall
operate as the final disposition of the violation.
F.
Notices of violation, final determination and impending
license suspension.
(1)
A second notice of violation shall be sent to the
responsible party as defined in Subsection E(2) above upon the failure
of the recipient of a parking violation to make an appearance as prescribed
in Subsection E. The recipient may appear by either paying the indicated
fine and assessed penalty for late charges or by requesting a hearing
on the merits of the citation in the time and manner specified on
the second notice and attending such hearing at the time, date and
place specified by the Village Clerk. Failure to appear as herein
prescribed shall result in a final determination of parking violation
liability for the cited violation.
(2)
A notice of final determination of parking violation
liability shall be sent to the responsible party as defined in Subsection
F(1) above upon the failure to appear pursuant to the second notice
of violation and after a final determination of parking violation
liability has been rendered. The recipient may appear by paying the
fine and penalty within the time specified on the notice and shall
be advised that failure to so pay may result in the Village's filing
of a petition in the Circuit Court to have the unpaid fine or penalty
rendered a judgment as provided by 625 ILCS 5/6-306.5, for failure
to pay fines or penalties for 10 or more parking violations.[3]
(3)
A notice of impending driver's license suspension
shall be sent to the person for whom a final determination of liability
was rendered in accordance with this section on each of 10 or more
unpaid parking violations. Failure to pay the fines and penalties
owing within 45 days of the notice's date shall result in a certified
report to the Secretary of State of said person's eligibility for
initiation of driver's license suspension proceedings.
G.
The notice of hearing and second notice of liability
shall provide the alleged violator with the time and manner in which
a hearing contesting the merits of the alleged violation shall be
held. Neither formal nor technical rules of evidence shall apply.
Such hearing shall be recorded, and the person conducting the hearing
on behalf of the parking administrator shall be empowered to administer
oaths and to secure by subpoena both the attendance and testimony
of witnesses and the production of relevant books and papers. Persons
appearing at such hearing may be represented by counsel at their expense.
H.
Failure to pay fines; submission of certified report;
challenges to accuracy of report.
(1)
Upon the failure to pay fines and penalties deemed
due and owing after the exhaustion of administrative procedures set
forth in this section for 10 or more parking violations, the Village
Clerk shall make a certified report to the Secretary of State stating
that the owner or lessee of a registered vehicle has failed to pay
any fine or penalty due and owing as a result of 10 or more violations
of the Village's vehicular parking regulations and thereby cause the
suspension of that person's drivers license.
(2)
The Village Clerk shall take no further action unless
and until the fines and penalties due and owing are paid or upon determination
that the inclusion of the person's name on the certified report was
in error. At such time, the Village Clerk shall submit to the Secretary
of State a notification which shall result in the halting of driver's
license suspension proceedings. The person named therein shall receive
a certified copy of such notification upon request and at no charge.
(3)
Persons may challenge the accuracy of the certified
report by filing a written statement with the office of the Village
Clerk and which specifies grounds on which such challenge is based.
Grounds for challenge shall be limited to the following:
(4)
The Village Clerk shall render a determination within
10 business days of receipt of the objection forms and shall notify
the objector thereof.
[Adopted 6-3-2002 by Ord. No. 2003-04]
A.
It shall be unlawful to park on the west side of the
park road at the Village Park, and no-parking signs shall be placed
along the entire west side of said roadway in accordance with the
law.
B.
Any automobile or other vehicle parked in the designated
no-parking zone may be towed at the owner's expense. Any person found
guilty of violating this section shall be fined an amount not less
than $25 and not to exceed $50.
[Adopted 10-24-2005 by Ord. No. 2006-05]
A.
ALLEY
BUSINESS DISTRICT
CROSSWALK
INTERSECTION
MOTOR VEHICLE
PARK
PARKWAY
PROPERTY LINE
RIGHT-OF-WAY
ROADWAY
STREET or HIGHWAY
VEHICLE
Whenever the following terms are used in this section,
they shall have the meanings ascribed to them set forth in this Subsection
A:
Public alleys throughout the Village.
As defined by Chapter 320, Zoning, as amended.
That portion of a roadway ordinarily included within the
prolongation or extension of curb and property lines at intersections
or any other portion of a roadway clearly indicated for pedestrian
crossing by lines or other markings on the surface.
The area embraced within the prolongation or connection of
the lateral curblines or, if none, then the lateral boundary lines
of the roadways of two highways which join one another at, or approximately
at, right angles, or the area within which vehicles traveling upon
different roadways joining at any other angle may come in conflict.
Any vehicle which is self-propelled.
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 or property.
A broad landscaped roadway.
The line marking the boundary between any street and the
lots or property abutting thereon.
A general term denoting land, property, or interest therein,
usually in a strip, acquired for or devoted to transportation purposes.
The portion of the right-of-way improved, designed or ordinarily
used for vehicular travel.
A road or way open to the use of the public; a major road
for any form of vehicular traffic.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a roadway except devices moved
by human power or used exclusively upon stationary rails or tracks
B.
It shall be unlawful for any person to permit any
vehicle to stand at any time 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:
C.
Either side, both sides, or any portion of any street
may be designated as a restricted parking district by the Village
Board, and any such restrictions shall be effective for such time
as may be designated by appropriate signs designating the effective
time of day of such parking restriction, as well as the duration of
time that parking is allowed. Such designation shall be evidenced
by signs or legends or notices on or near the curbing of the streets
or portions thereof where such restriction is to be effective.
D.
No person shall park a truck, except those licensed
by the State of Illinois with a B license classification (8,000 pounds
or less), a bus having a rated seating capacity of 12 or more passengers,
farm equipment or semitrailers on any public street within the Village
of Williamsville, for a period of 10 consecutive hours or more.
E.
No person shall park a construction equipment trailer,
utility trailer, recreational vehicle or trailer, boat or boat trailer
on any public street within the Village of Williamsville for a period
of 48 consecutive hours or more. In addition to any fine provided
for herein, if any of said described trailers, vehicles or boats are
parked on a public street for a period of 48 consecutive hours, then
such trailer, vehicle or boat must be removed from all public streets
within the Village limits for a period of 24 consecutive hours. The
requirements of this Subsection E shall not apply to any construction
equipment trailers which are located in front of a lot or residence
for which a valid building permit has been issued by the Village.
F.
No person shall park a motor vehicle on private property
without the consent of the owner of the private property.
G.
No vehicle shall be parked headed against the direction
of traffic.
H.
In addition to the general restrictions, limitations,
and requirements of this section pertaining to all of the streets
and thoroughfares of the Village, the parking of vehicles may be prohibited
at all times, or between certain hours, on any street or portion of
any street when such parking may impede the free flow of traffic on
such street or create a hazardous condition. In such case appropriate
signs shall be erected and maintained giving notice of such parking
prohibition. No person shall park a vehicle during the time prohibited
at places so indicated by official signs.
I.
The Police Department is hereby authorized to remove
and tow away or cause to have removed and towed away by any commercial
towing service any vehicle unlawfully parked in any place where such
parked vehicle creates or constitutes a traffic hazard, blocks the
use of a fire hydrant or obstructs the movement of any emergency vehicle,
or any vehicle which as been parked in any public street or any public
place in violation of any provision of this section. Vehicles towed
shall either be removed to the municipal building lot or to the place
of business of the commercial towing company, which shall be known
as the "vehicle pound." In addition to any fine provided herein, the
owner of any vehicle so towed shall pay the costs of towing and storage
upon retrieval of his or her vehicle.
J.
In all cases of parking violations, the registered
owner of the vehicle at the time of the violation, as well as the
vehicle itself and the actual operator thereof, shall be presumed
to be a violator.
K.
A vehicle parked or occupying any portion of any street
or thoroughfare in violation of the terms of this section is hereby
declared to be a nuisance which shall be abated by any police officer
by impounding such vehicle, either by placing a traffic violation
notice or citation thereon which shall indicate the nature of the
violation, or by placing such notice thereon and removing and conveying
such vehicle to a vehicle pound. A vehicle pound is declared to be
any suitable place designated by the Police Department as a vehicle
pound.
L.
Every police officer issuing a traffic violation notice
or citation shall, by appropriate mark or symbol, identify himself
or herself on such notice as the officer issuing the same, and shall
retain and cause to be filed in the office of the Village Clerk, a
duplicate of such traffic violation notice. The traffic violation
notice or citation itself shall be left with the owner or operator
of the vehicle if known, or placed in or affixed to the vehicle if
the owner or operator is not present.
M.
The owner or authorized operator of any impounded
vehicle may have the vehicle removed from impoundment by paying the
penalties imposed by this section plus all impounding fees, towage
and storage charges which have theretofore accrued against such vehicle
during the time of his or her ownership thereof.[2]
N.
The owner or driver of any vehicle issued a traffic
notice or citation for violating any of the provisions of this section
may avoid prosecution for such violation by paying within seven days
of the time of the issuance of such notice or citation at the Village
Hall the sum of $15 in addition to any towage, storage, or impounding
fees or charges, if any, and by surrendering to the Village Clerk
or his or her designee the traffic violation notice or citation delivered
to him or her or placed upon such vehicle, after indicating thereon
his or her name, street address, and place of residence. If such owner
or driver fails to pay the designated amount within seven days of
such violation, he or she may thereafter avoid prosecution of the
violation only by paying the sum of $30 plus all such additional charges.
O.
The Village Clerk or his or her designee, upon receipt
of the payment of any sum of money by a violator charged with violating
any provision of this section, shall issue to such person a receipt
therefor on an official receipt form of the Village of Williamsville,
bearing the signature of the person receiving the fine on behalf of
the Village and the date of its payment. A duplicate receipt, together
with the money paid to Village, shall be delivered to the Village
Treasurer who shall credit the funds to the appropriate fund of the
Village.
P.
The owner or driver of any vehicle charged with violating
any term of this section who shall fail to pay the fine provided hereinabove
to avoid prosecution for his offense when a traffic violation or citation
has been issued shall be prosecuted for violating this section and
shall be punished by a fine of not less than $30 nor more than $750
for a single offense.
