[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
When used in this chapter, the following words and phrases shall,
for the purpose of this chapter, have the meanings respectively ascribed
to them in this section, except when the context otherwise requires
and except where another definition set forth in another portion of
this chapter and applicable to that portion or a designated part thereof
is applicable.
A public way within a block, generally giving access to the
rear of lots or buildings and not used for general traffic circulation.
A motor vehicle that is more than 25 years of age or a bona
fide replica thereof and which is driven on the highways only going
to and returning from an antique auto show or an exhibition, or for
servicing or demonstration, or a fire-fighting vehicle more than 20
years old which is not used as fire-fighting equipment but is used
only for the purpose of exhibition of demonstration.
Any United States or state numbered route, controlled-access
highway, or other major radial or circumferential street or highway
designated by local authorities within their respective jurisdictions
as part of a major arterial system of streets or highways.
Emergency vehicles of municipal departments or public service
corporations as are designated or authorized by proper local authorities;
police vehicles; vehicles of the Fire Department and ambulances.
A three-wheel motor vehicle that has a steering wheel and
seating that does not require the operator to straddle or sit astride
it.
Every device propelled by human power upon which any person
may ride, having two tandem wheels, except scooters and similar devices.
Every motor vehicle, other than a commuter van, designed
for carrying more than 10 persons.
The territory contiguous to and including a highway when
within any 600 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 300 feet of frontage on one side or 300 feet
collectively on both sides of the highway.
The annulment or termination by formal action of the Secretary
of State of the driver's license of any person because of some error
or defect in the license or because the licensee is no longer entitled
to such license, but, with the exception of 625 ILCS 5/6-107, 5/6-108
and 5/6-201, the cancellation of a license is without prejudice and
application for a new license may be made at any time after such cancellation.
Every highway, street or roadway in respect to which owners
or occupants of abutting lands and other persons have no legal right
of access to or from the same except at such points only and in such
manner as may be determined by the public authority having jurisdiction
over such highway, street or roadway.
That part of a roadway at an intersection included within the
connections of the lateral lines of the sidewalks on opposite sides
of the highway measured from the curbs or, in the absence of curbs,
from the edges of the traversable roadway; and in the absence of a
sidewalk on one side of the highway, that part of the highway included
within the extension of the lateral line of the existing sidewalk
to the side of the highway without the sidewalk, with such extension
forming a right angle to the center line of the highway.
Any portion of a roadway at an intersection or elsewhere distinctly
indicated for pedestrian crossing by lines or other markings on the
surface placed in accordance with the provisions in the manual adopted
by the Department of Transportation.
Every person who drives or is in actual physical control
of a vehicle.
A motor vehicle that is more than 25 years of age or a bona
fide replica thereof and which is registered and driven on the highways
in accordance with 625 ILCS 5/3-804.01.
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,
excluding all-terrain vehicles and off-highway motorcycles as defined
in the Illinois Vehicle Code.
The weight of a vehicle whether operated singly or in combination
without load plus the weight of the load thereon.
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.
Where a highway includes two roadways 40 feet or more apart,
then every crossing of each roadway of such divided highway by an
intersecting highway shall be regarded as a separate intersection.
The junction of an alley with a street or highway does not constitute
an intersection.
An official traffic-control device consisting of an electrically
controlled and illuminated signal of a square or rectangular design
and employing distinctive colors or symbols used to control the direction
of vehicular flow on the particular lane to which the indication applies.
A roadway which is divided into two or more clearly marked
lanes for vehicular traffic.
Any driver's license or any other license or permit to operate
a motor vehicle issued under the laws of this state, including:
A bicycle equipped with fully operable pedals and an electric
motor of less than 750 watts that meets the requirements of one of
the following classes:
CLASS 1 LOW-SPEED ELECTRIC BICYCLEA low-speed electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of 20 miles per hour.
CLASS 2 LOW-SPEED ELECTRIC BICYCLEA low-speed electric bicycle equipped with a motor that may be used exclusively to propel the bicycle and that is not capable of providing assistance when the bicycle reaches a speed of 20 miles per hour.
CLASS 3 LOW-SPEED ELECTRIC BICYCLEA low-speed electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of 28 miles per hour.
A low-speed electric bicycle is not a moped or a motor-driven
cycle.
A two- or three-wheeled device with fully operable pedals
and a gasoline motor of less than one horsepower, whose maximum speed
on a paved level surface, when powered solely by such a motor while
ridden by an operator who weighs 170 pounds, is less than 20 miles
per hour.
Any four-wheeled vehicle with a maximum speed greater than
20 miles per hour, but not greater than 25 miles per hour, that conforms
with the federal motor vehicle safety standards set forth in 49 CFR
Part 571.500.
A maneuver executed by the drivers of vehicles on converging
roadways to permit entry into the junction thereof, where 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.
A motor-driven cycle, with or without optional power derived
from manually operated pedals, whose speed attainable in one mile
is at least 20 miles per hour but not greater than 30 miles per hour,
and which is equipped with a motor that produces two brake horsepower
or less. If an internal combustion engine is used, the displacement
shall not exceed 50 cubic centimeter displacement and the power drive
system shall not require the operator to shift gears.
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, except for vehicles moved solely by human
power, motorized wheelchairs, low-speed electric bicycles, and low-speed
gas bicycles. For purposes of this chapter, motor vehicles are divided
into two divisions:
FIRST DIVISIONThose motor vehicles which are designed for the carrying of not more than 10 persons.
SECOND DIVISIONThose motor vehicles which are designed for carrying more than 10 persons, those designed or used for living quarters and those motor vehicles which are designed for pulling or carrying freight or cargo or implements of husbandry, and those motor vehicles of the First Division remodelled for use and used as motor vehicles of the Second Division.
Every motorcycle and every motor scooter with less than 150
cubic centimeter piston displacement, including motorized pedalcycles.
Every motor vehicle having a seat or saddle for the use of
the rider and designed to travel on not more than three wheels in
contact with the ground, but excluding an autocycle or tractor.
Any motorized device designed to travel primarily off-highway
on two wheels, having a seat or saddle for the use of the operator,
upon or by which any person, persons or property may be transported
or drawn.
All signs, signals, markings and devices which conform with
the state manual and not inconsistent with this chapter placed or
erected by authority of a public body or official having jurisdiction,
for the purpose of regulating, warning or guiding traffic.
A person who holds legal title to a motor vehicle, or in
the event a motor 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 and with an immediate right
of possession vested in the conditional vendee, or lessee, or in the
event a mortgagor of such motor vehicle is entitled to possession,
then such conditional vendee or lessee or mortgagor shall be deemed
the owner for the purpose of this chapter.
The standing of a vehicle, whether occupied or not, otherwise
than when temporarily and actually engaged in loading or unloading
merchandise or passengers.
A motor vehicle of the First Division, including a multipurpose
passenger vehicle, that is designed for carrying not more than 10
persons.
Any person afoot or wearing in-line speed skates, including
a person with a physical, hearing, or visual disability.
Every officer authorized to direct or regulate traffic or
to make arrests and issue citations for violations of traffic regulations.
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.
A carrier of persons or property upon cars, other than streetcars,
operated upon stationary rails.
Any sign, signal or device other than an official traffic-control
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 or railroad track equipment.
A steam engine, electric or other motor with or without cars
coupled thereto, operated upon rails, except streetcars.
Every camping trailer, motor home, mini motor home, travel
trailer, truck camper or van camper used primarily for recreational
purposes and not used commercially nor owned by a commercial business.
The registration certificate or certificates, registration
plates and registration stickers issued under the laws of this state
pertaining to the registration of vehicles.
The territory contiguous to and including a highway not comprising
a business district when the property on such highway for a distance
of 300 feet or more is in the main improved with residences or residences
and buildings in use for business. For purposes of establishing maximum
speed limits, a residence district shall be at least a quarter of
a mile long with residences or residences and buildings in use for
businesses spaced no more than 500 feet apart.
The right of one vehicle or pedestrian to proceed in a lawful
manner in preference to another vehicle or pedestrian approaching
under such circumstances of direction, speed and proximity as to give
rise to a danger of collision unless one grants precedence to the
other.
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 or more separate roadways, the term "roadway"
as used herein shall refer to any such roadway separately but not
to all such roadways collectively.
The area or space officially set apart within a roadway for
the exclusive use of pedestrians and which is protected or is so marked
or indicated by adequate signs as to be plainly visible at all times
while set apart as a safety zone.
Every motor vehicle of the Second Division, except as provided in Subsection B of this definition, owned or operated by or for any public or private primary or secondary school, any primary or secondary school operated by a religious institution for the transportation of persons regularly enrolled as students in grade 12 or below in connection with any activity of such entity.
This definition shall not include the following:
A bus operated by a public utility, municipal corporation or
common carrier authorized to conduct local or interurban transportation
of passengers when such bus is not traveling a specific school bus
route but is:
On a regularly scheduled route for the transportation of other
fare-paying passengers;
Furnishing charter service for the transportation of groups
on field trips or other special trips or in connection with other
special events; or
Being used for shuttle service between attendance centers or
other educational facilities.
A motor vehicle of the First Division.
A multifunction school-activity bus.
Every vehicle without motive power, other than a pole trailer,
designed for carrying persons or property and for being drawn by a
motor vehicle and so constructed that some part of its weight and
that of its load rests upon or is carried by another vehicle.
That portion of a street between the curbline, or the lateral
lines of a roadway, and the adjacent property lines, intended for
use of pedestrians.
The halting of a vehicle, whether occupied or not, otherwise
than when temporarily and actually engaged in receiving or discharging
passengers.
When required, means complete cessation from movement.
Any halting, even momentarily, 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.
The entire width between boundary lines of every way publicly
maintained when any part thereof is open to the use of the public
for purposes of vehicular travel.
Every highway or portion thereof on which vehicular traffic
is given preferential right-of-way, and at the entrances to which
vehicular traffic from intersecting highways is required by law to
yield the right-of-way to vehicles on such through highway in obedience
to either a stop sign or a yield sign, when such signs are erected
as provided in this chapter.
Pedestrians, ridden or herded animals, vehicles, streetcars
and other conveyances either singly or together while using any highway
for purposes of travel.
Any official traffic-control device, other than a railroad
sign or signal, whether manually, electrically or mechanically operated,
by which traffic is alternately directed to stop and permitted to
proceed.
Every vehicle without motive power in operation, other than
a pole trailer, designed for carrying persons or property and for
being drawn by a motor vehicle and so constructed that no part of
its weight rests upon the towing vehicle.
Every motor vehicle designed, used or maintained primarily
for the transportation of property.
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 of a mile or more.
Every device in, upon or by which any person or property is
or may be transported or drawn upon a highway or requiring a certificate
of title under 625 ILCS 5/3-101(d), except devices moved by human
power or used exclusively upon stationary rails or tracks and snowmobiles
as defined in the Snowmobile Registration and Safety Act (625 ILCS
40/1-1 et seq.).
For the purposes of this chapter, unless otherwise prescribed,
a device shall be considered to be a vehicle until such time as it
either comes within the definition of a junk vehicle, as defined under
the Illinois Vehicle Code (see 625 ILCS 5/1-134.1), or a junking certificate
is issued for it.
For this chapter, vehicles are divided into two divisions:
FIRST DIVISIONThose motor vehicles which are designed for the carrying of not more than 10 persons.
SECOND DIVISIONThose vehicles which are designed for carrying more than 10 persons, those designed or used for living quarters and those vehicles which are designed for pulling or carrying freight or cargo, those motor vehicles of the First Division remodeled for use and used as motor vehicles of the Second Division, and those motor vehicles of the First Division used and registered as school buses.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
No person may drive a vehicle when it is so loaded, or when there
are in the front seat such number of persons, exceeding three, as
to obstruct the view of the driver to the front or sides of the vehicle
or as to interfere with the driver's control over the driving mechanism
of the vehicle.
B.
No passenger in a vehicle may ride in such position as to interfere
with the driver's view ahead or to the sides, or to interfere with
his control over the driving mechanism of the vehicle.
C.
No passenger on a school bus may ride or stand in a position so as
to interfere with the driver's view ahead or to the side or rear,
or to interfere with his control of the driving mechanism of the bus.
No person shall board or alight from any vehicle while such
vehicle is in motion.
No person shall ride on any vehicle upon any portion thereof
not designed or intended for the use of passengers. This section shall
not apply to an employee engaged in the necessary discharge of a duty,
or to persons riding within truck bodies in space intended for merchandise.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
No person shall throw, spill or deposit upon any highway any bottle,
glass, nails, tacks, wire, cans or any litter (as defined in 415 ILCS
105/3).
B.
Any person who violates Subsection A upon any highway shall immediately remove such material or cause it to be removed.
C.
Any person removing a wrecked or damaged vehicle from a highway shall
remove any glass or other debris, except any hazardous substance as
defined in 415 ILCS 5/3.215 of the Environmental Protection Act, hazardous
waste as defined in 415 ILCS 5/3.220 of the Environmental Protection
Act, and potentially infectious medical waste as defined in 415 ILCS
5/3.360 of the Environmental Protection Act, dropped upon the highway
from such vehicle.
A.
No vehicle shall be driven or moved on any street within the City
unless such vehicle is so constructed or loaded as to prevent any
of its load from dropping, sifting, leaking or otherwise escaping
therefrom, except that sand may be dropped for the purpose of securing
traction or water or other substance may be sprinkled on a roadway
in cleaning or maintaining such roadway.
B.
No person shall operate on any street any vehicle with any load unless
such load and any covering thereon are securely fastened so as to
prevent such covering or load from becoming loose, detached or in
any manner a hazard to other users of the street.
No person shall open the door of a vehicle on the side available
to moving traffic unless and until it is reasonably safe to do so,
and can be done without interfering with the movement of other traffic,
nor shall any person leave a door open on the side of a vehicle available
to moving traffic for a period of time longer than necessary to load
or unload passengers.
Any person who shall willfully and unnecessarily hinder, obstruct
or delay, or who shall willfully and unnecessarily attempt to delay,
hinder or obstruct any other person in lawfully driving or traveling
along or upon any City street or state highway or who shall offer
for barter or sale merchandise on said street or highway so as to
interfere with the effective movement of traffic shall be guilty of
a misdemeanor.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
The operator
of a motorcycle shall ride only upon the permanent and regular seat
attached thereto, and the operator shall not carry any other person
nor shall any other person ride on a motorcycle unless such motorcycle
is designed to carry more than one person, in which event a passenger
may ride upon the permanent and regular seat if designed for two persons,
or upon another seat firmly attached to the motorcycle at the rear
or side of the operator.
B.
A person
shall ride upon a motorcycle only while sitting astride the seat,
facing forward, with one leg on each side of the motorcycle.
C.
The operator
of any motorcycle shall keep at least one hand on a handlebar grip
at all times the motorcycle is in motion.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
No person shall operate any motorcycle with handlebar grips higher
than the height of the head of the operator when the operator is seated
in the normal driving position astride that portion of the seat or
saddle occupied by the operator.
B.
Any motorcycle carrying a passenger, other than in a sidecar or enclosed
cab, shall be equipped with footrests for such passenger.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
It shall be unlawful for any person to operate any vehicle known as an "autocycle" (as defined in § 285-1 of this chapter) on or over any public property within this City.
Nothing in this chapter shall be construed to prevent the owner
of real property used by the public for purposes of vehicular travel
by permission of the owner and not as a matter of right from prohibiting
such use, or from requiring other or different or additional conditions
than those specified in this chapter, or otherwise regulating such
use as may seem best to such owner.
[Added 10-7-1980 by Ord.
No. 80-7; amended 10-7-1980 by Ord. No. 80-8]
A.
Solicitations for contributions shall be allowed only at intersections
of streets and highways within the corporate limits of the City of
Waverly, Illinois, where all travel is required to come to a full
stop. The soliciting agency shall be:
(1)
Registered with the Attorney General as a charitable organization
as provided by the Solicitation for Charity Act (225 ILCS 460/0.01
et seq.), approved July 26, 1963, as amended;
(2)
Engaged in a statewide fund-raising activity; and
(3)
Liable for any injuries to any person or property during the solicitation
which is causally related to an act of ordinary negligence of the
soliciting agent.
B.
Any person engaged in the act of solicitation shall be 16 years of
age or more and shall be wearing a high-visibility vest.
[Added 6-24-1980 by Ord.
No. 80-2]
