(625 ILCS 5/11‑208)
(from Ch. 95 1/2, par. 11‑208)
Sec. 11‑208.
Powers of local authorities.
(a) The provisions of this Code shall not be deemed to prevent
local authorities with respect to streets and highways under their
jurisdiction and within the reasonable exercise of the police power from:
1. Regulating the standing or parking of vehicles,
|
except as limited by Section 11‑1306 of this Act;
|
|
2. Regulating traffic by means of police officers or
|
|
3. Regulating or prohibiting processions or
|
|
assemblages on the highways;
|
|
4. Designating particular highways as one‑way
|
|
highways and requiring that all vehicles thereon be moved in one specific direction;
|
|
5. Regulating the speed of vehicles in public parks
|
|
subject to the limitations set forth in Section 11‑604;
|
|
6. Designating any highway as a through highway, as
|
|
authorized in Section 11‑302, and requiring that all vehicles stop before entering or crossing the same or designating any intersection as a stop intersection or a yield right‑of‑way intersection and requiring all vehicles to stop or yield the right‑of‑way at one or more entrances to such intersections;
|
|
7. Restricting the use of highways as authorized in
|
|
8. Regulating the operation of bicycles and
|
|
requiring the registration and licensing of same, including the requirement of a registration fee;
|
|
9. Regulating or prohibiting the turning of vehicles
|
|
or specified types of vehicles at intersections;
|
|
10. Altering the speed limits as authorized in
|
|
11. Prohibiting U‑turns;
12. Prohibiting pedestrian crossings at other than
|
|
designated and marked crosswalks or at intersections;
|
|
13. Prohibiting parking during snow removal
|
|
14. Imposing fines in accordance with Section
|
|
11‑1301.3 as penalties for use of any parking place reserved for persons with disabilities, as defined by Section 1‑159.1, or disabled veterans by any person using a motor vehicle not bearing registration plates specified in Section 11‑1301.1 or a special decal or device as defined in Section 11‑1301.2 as evidence that the vehicle is operated by or for a person with disabilities or disabled veteran;
|
|
15. Adopting such other traffic regulations as are
|
|
specifically authorized by this Code; or
|
|
16. Enforcing the provisions of subsection (f) of
|
|
Section 3‑413 of this Code or a similar local ordinance.
|
|
(b) No ordinance or regulation enacted under subsections 1, 4, 5, 6, 7,
9, 10, 11 or 13 of paragraph (a) shall be effective until signs giving
reasonable notice of such local traffic regulations are posted.
(c) The provisions of this Code shall not prevent any
municipality having a population of 500,000 or more inhabitants from
prohibiting any person from driving or operating any motor vehicle upon
the roadways of such municipality with headlamps on high beam or bright.
(d) The provisions of this Code shall not be deemed to prevent local
authorities within the reasonable exercise of their police power from
prohibiting, on private property, the unauthorized use of parking spaces
reserved for persons with disabilities.
(e) No unit of local government, including a home rule unit, may enact or
enforce an ordinance that applies only to motorcycles if the principal purpose
for that ordinance is to restrict the access of motorcycles to any highway or
portion of a highway for which federal or State funds have been used for the
planning, design, construction, or maintenance of that highway. No unit of
local government, including a home rule unit, may enact an ordinance requiring
motorcycle users to wear protective headgear. Nothing in this subsection
(e) shall affect the authority of a unit of local government to regulate
motorcycles for traffic control purposes or in accordance with Section 12‑602
of this Code. No unit of local government, including a home rule unit, may
regulate motorcycles in a manner inconsistent with this Code. This subsection
(e) is a limitation under subsection (i) of Section 6 of Article VII of the
Illinois Constitution on the concurrent exercise by home rule units of powers
and functions exercised by the State.
(f) A municipality or county designated in Section 11‑208.6 may enact an ordinance providing for an
automated traffic law enforcement system to enforce violations of this Code or
a similar provision of a local ordinance and imposing liability on a registered owner of a vehicle used in such a violation.
(Source: P.A. 94‑795, eff. 5‑22‑06.)
|
(625 ILCS 5/11‑208.3)
(from Ch. 95 1/2, par. 11‑208.3)
Sec. 11‑208.3.
Administrative adjudication of violations of traffic
regulations concerning the standing, parking, or condition of
vehicles.
(a) Any municipality may provide by ordinance for a system of
administrative adjudication of vehicular standing and parking violations and
vehicle compliance violations as defined in this subsection.
The administrative system shall have as its purpose the fair and
efficient enforcement of municipal regulations through the
administrative adjudication of violations of municipal ordinances
regulating the standing and parking of vehicles, the condition and use of
vehicle equipment, and the display of municipal wheel tax licenses within the
municipality's
borders. The administrative system shall only have authority to adjudicate
civil offenses carrying fines not in excess of $250 that occur after the
effective date of the ordinance adopting such a system under this Section.
For purposes of this Section, "compliance violation" means a violation of a
municipal regulation governing the condition or use of equipment on a vehicle
or governing the display of a municipal wheel tax license.
(b) Any ordinance establishing a system of administrative adjudication
under this Section shall provide for:
(1) A traffic compliance administrator authorized to
|
adopt, distribute and process parking and compliance violation notices and other notices required by this Section, collect money paid as fines and penalties for violation of parking and compliance ordinances, and operate an administrative adjudication system. The traffic compliance administrator also may make a certified report to the Secretary of State under Section 6‑306.5.
|
|
(2) A parking, standing, or compliance violation
|
|
notice that shall specify the date, time, and place of violation of a parking, standing, or compliance regulation; the particular regulation violated; the fine and any penalty that may be assessed for late payment, when so provided by ordinance; the vehicle make and state registration number; and the identification number of the person issuing the notice. With regard to municipalities with a population of 1 million or more, it shall be grounds for dismissal of a parking violation if the State registration number or vehicle make specified is incorrect. The violation notice shall state that the payment of the indicated fine, and of any applicable penalty for late payment, shall operate as a final disposition of the violation. The notice also shall contain information as to the availability of a hearing in which the violation may be contested on its merits. The violation notice shall specify the time and manner in which a hearing may be had.
|
|
(3) Service of the parking, standing, or compliance
|
|
violation notice by affixing the original or a facsimile of the notice to an unlawfully parked vehicle or by handing the notice to the operator of a vehicle if he or she is present. A person authorized by ordinance to issue and serve parking, standing, and compliance violation notices shall certify as to the correctness of the facts entered on the violation notice by signing his or her name to the notice at the time of service or in the case of a notice produced by a computerized device, by signing a single certificate to be kept by the traffic compliance administrator attesting to the correctness of all notices produced by the device while it was under his or her control. The original or a facsimile of the violation notice or, in the case of a notice produced by a computerized device, a printed record generated by the device showing the facts entered on the notice, shall be retained by the traffic compliance administrator, and shall be a record kept in the ordinary course of business. A parking, standing, or compliance violation notice issued, signed and served in accordance with this Section, a copy of the notice, or the computer generated record shall be prima facie correct and shall be prima facie evidence of the correctness of the facts shown on the notice. The notice, copy, or computer generated record shall be admissible in any subsequent administrative or legal proceedings.
|
|
(4) An opportunity for a hearing for the registered
|
|
owner of the vehicle cited in the parking, standing, or compliance violation notice in which the owner may contest the merits of the alleged violation, and during which formal or technical rules of evidence shall not apply; provided, however, that under Section 11‑1306 of this Code the lessee of a vehicle cited in the violation notice likewise shall be provided an opportunity for a hearing of the same kind afforded the registered owner. The hearings shall be recorded, and the person conducting the hearing on behalf of the traffic compliance 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 a hearing under this Section may be represented by counsel at their expense. The ordinance may also provide for internal administrative review following the decision of the hearing officer.
|
|
(5) Service of additional notices, sent by first
|
|
class United States mail, postage prepaid, to the address of the registered owner of the cited vehicle as recorded with the Secretary of State or, if any notice to that address is returned as undeliverable, to the last known address recorded in a United States Post Office approved database, or, under Section 11‑1306 of this Code, to the lessee of the cited vehicle at the last address known to the lessor of the cited vehicle at the time of lease or, if any notice to that address is returned as undeliverable, to the last known address recorded in a United States Post Office approved database. The service shall be deemed complete as of the date of deposit in the United States mail. The notices shall be in the following sequence and shall include but not be limited to the information specified herein:
|
|
(i) A second notice of violation. This notice
|
|
shall specify the date and location of the violation cited in the parking, standing, or compliance violation notice, the particular regulation violated, the vehicle make and state registration number, the fine and any penalty that may be assessed for late payment when so provided by ordinance, the availability of a hearing in which the violation may be contested on its merits, and the time and manner in which the hearing may be had. The notice of violation shall also state that failure either to pay the indicated fine and any applicable penalty, or to appear at a hearing on the merits in the time and manner specified, will result in a final determination of violation liability for the cited violation in the amount of the fine or penalty indicated, and that, upon the occurrence of a final determination of violation liability for the failure, and the exhaustion of, or failure to exhaust, available administrative or judicial procedures for review, any unpaid fine or penalty will constitute a debt due and owing the municipality.
|
|
(ii) A notice of final determination of parking,
|
|
standing, or compliance violation liability. This notice shall be sent following a final determination of parking, standing, or compliance violation liability and the conclusion of judicial review procedures taken under this Section. The notice shall state that the unpaid fine or penalty is a debt due and owing the municipality. The notice shall contain warnings that failure to pay any fine or penalty due and owing the municipality within the time specified may result in the municipality's filing of a petition in the Circuit Court to have the unpaid fine or penalty rendered a judgment as provided by this Section, or may result in suspension of the person's drivers license for failure to pay fines or penalties for 10 or more parking violations under Section 6‑306.5.
|
|
(6) A Notice of impending drivers license
|
|
suspension. This notice shall be sent to the person liable for any fine or penalty that remains due and owing on 10 or more parking violations. The notice shall state that failure to pay the fine or penalty owing within 45 days of the notice's date will result in the municipality notifying the Secretary of State that the person is eligible for initiation of suspension proceedings under Section 6‑306.5 of this Code. The notice shall also state that the person may obtain a photostatic copy of an original ticket imposing a fine or penalty by sending a self addressed, stamped envelope to the municipality along with a request for the photostatic copy. The notice of impending drivers license suspension shall be sent by first class United States mail, postage prepaid, to the address recorded with the Secretary of State or, if any notice to that address is returned as undeliverable, to the last known address recorded in a United States Post Office approved database.
|
|
(7) Final determinations of violation liability. A
|
|
final determination of violation liability shall occur following failure to pay the fine or penalty after a hearing officer's determination of violation liability and the exhaustion of or failure to exhaust any administrative review procedures provided by ordinance. Where a person fails to appear at a hearing to contest the alleged violation in the time and manner specified in a prior mailed notice, the hearing officer's determination of violation liability shall become final: (A) upon denial of a timely petition to set aside that determination, or (B) upon expiration of the period for filing the petition without a filing having been made.
|
|
(8) A petition to set aside a determination of
|
|
parking, standing, or compliance violation liability that may be filed by a person owing an unpaid fine or penalty. The petition shall be filed with and ruled upon by the traffic compliance administrator in the manner and within the time specified by ordinance. The grounds for the petition may be limited to: (A) the person not having been the owner or lessee of the cited vehicle on the date the violation notice was issued, (B) the person having already paid the fine or penalty for the violation in question, and (C) excusable failure to appear at or request a new date for a hearing. With regard to municipalities with a population of 1 million or more, it shall be grounds for dismissal of a parking violation if the State registration number or vehicle make specified is incorrect. After the determination of parking, standing, or compliance violation liability has been set aside upon a showing of just cause, the registered owner shall be provided with a hearing on the merits for that violation.
|
|
(9) Procedures for non‑residents. Procedures by
|
|
which persons who are not residents of the municipality may contest the merits of the alleged violation without attending a hearing.
|
|
(10) A schedule of civil fines for violations of
|
|
vehicular standing, parking, and compliance regulations enacted by ordinance pursuant to this Section, and a schedule of penalties for late payment of the fines, provided, however, that the total amount of the fine and penalty for any one violation shall not exceed $250.
|
|
(11) Other provisions as are necessary and proper to
|
|
carry into effect the powers granted and purposes stated in this Section.
|
|
(c) Any municipality establishing vehicular standing, parking,
and compliance
regulations under this Section may also provide by ordinance for a
program of vehicle immobilization for the purpose of facilitating
enforcement of those regulations. The program of vehicle
immobilization shall provide for immobilizing any eligible vehicle upon the
public way by presence of a restraint in a manner to prevent operation of
the vehicle. Any ordinance establishing a program of vehicle
immobilization under this Section shall provide:
(1) Criteria for the designation of vehicles
|
|
eligible for immobilization. A vehicle shall be eligible for immobilization when the registered owner of the vehicle has accumulated the number of unpaid final determinations of parking, standing, or compliance violation liability as determined by ordinance.
|
|
(2) A notice of impending vehicle immobilization and
|
|
a right to a hearing to challenge the validity of the notice by disproving liability for the unpaid final determinations of parking, standing, or compliance violation liability listed on the notice.
|
|
(3) The right to a prompt hearing after a vehicle
|
|
has been immobilized or subsequently towed without payment of the outstanding fines and penalties on parking, standing, or compliance violations for which final determinations have been issued. An order issued after the hearing is a final administrative decision within the meaning of Section 3‑101 of the Code of Civil Procedure.
|
|
(4) A post immobilization and post‑towing notice
|
|
advising the registered owner of the vehicle of the right to a hearing to challenge the validity of the impoundment.
|
|
(d) Judicial review of final determinations of parking, standing, and
compliance
violations and final administrative decisions issued after hearings
regarding vehicle immobilization and impoundment made
under this Section shall be subject to the provisions of
the Administrative Review Law.
(e) Any fine, penalty, or part of any fine or any penalty remaining
unpaid after the exhaustion of, or the failure to exhaust, administrative
remedies created under this Section and the conclusion of any judicial
review procedures shall be a debt due and owing the municipality and, as
such, may be collected in accordance with applicable law. Payment in full
of any fine or penalty resulting from a standing, parking, or
compliance violation shall
constitute a final disposition of that violation.
(f) After the expiration of the period within which judicial review may
be sought for a final determination of parking, standing, or compliance
violation, the municipality
may commence a proceeding in the Circuit Court for purposes of obtaining a
judgment on the final determination of violation. Nothing in this
Section shall prevent a municipality from consolidating multiple final
determinations of parking, standing, or compliance violation against a
person in a proceeding.
Upon commencement of the action, the municipality shall file a certified
copy or record of the final determination of parking, standing, or compliance
violation, which shall be
accompanied by a certification that recites facts sufficient to show that
the final determination of violation was
issued in accordance with this Section and the applicable municipal
ordinance. Service of the summons and a copy of the petition may be by
any method provided by Section 2‑203 of the Code of Civil Procedure or by
certified mail, return receipt requested, provided that the total amount of
fines and penalties for final determinations of parking, standing, or
compliance violations does not
exceed $2500. If the court is satisfied that the final determination of
parking, standing, or compliance violation was entered in accordance with
the requirements of
this Section and the applicable municipal ordinance, and that the registered
owner or the lessee, as the case may be, had an opportunity for an
administrative hearing and for judicial review as provided in this Section,
the court shall render judgment in favor of the municipality and against
the registered owner or the lessee for the amount indicated in the final
determination of parking, standing, or compliance violation, plus costs.
The judgment shall have
the same effect and may be enforced in the same manner as other judgments
for the recovery of money.
(Source: P.A. 94‑294, eff. 1‑1‑06.)
|
(625 ILCS 5/11‑208.6)
Sec. 11‑208.6.
Automated traffic law enforcement system.
(a) As used in this Section, "automated traffic law enforcement
system" means a device with one or more motor vehicle sensors working
in conjunction with a red light signal to produce recorded images of
motor vehicles entering an intersection against a red signal
indication in violation of Section 11‑306 of this Code or a similar provision
of a local ordinance.
An
automated traffic law enforcement system is a system, in a municipality or
county operated by a
governmental agency, that
produces a recorded image of a motor vehicle's
violation of a provision of this Code or a local ordinance
and is designed to obtain a clear recorded image of the
vehicle and the vehicle's license plate. The recorded image must also
display the time, date, and location of the violation.
(b) As used in this Section, "recorded images" means images
recorded by an automated traffic law enforcement system on:
(1) 2 or more photographs;
(2) 2 or more microphotographs;
(3) 2 or more electronic images; or
(4) a video recording showing the motor vehicle and,
|
on at least one image or portion of the recording, clearly identifying the registration plate number of the motor vehicle.
|
|
(c) A county or municipality, including a home rule county or municipality, may not use an automated traffic law enforcement system to provide recorded images of a motor vehicle for the purpose of recording its speed. The regulation of the use of automated traffic law enforcement systems to record vehicle speeds is an exclusive power and function of the State. This subsection (c) is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution.
(d) For each violation of a provision of this Code or a local ordinance
recorded by an automatic
traffic law enforcement system, the county or municipality having
jurisdiction shall issue a written notice of the
violation to the registered owner of the vehicle as the alleged
violator. The notice shall be delivered to the registered
owner of the vehicle, by mail, within 30 days after the Secretary of State notifies the municipality or county of the identity of the owner of the vehicle, but in no event later than 90 days after the violation.
The notice shall include:
(1) the name and address of the registered owner of
|
|
(2) the registration number of the motor vehicle
|
|
involved in the violation;
|
|
(3) the violation charged;
(4) the location where the violation occurred;
(5) the date and time of the violation;
(6) a copy of the recorded images;
(7) the amount of the civil penalty imposed and the
|
|
date by which the civil penalty should be paid;
|
|
(8) a statement that recorded images are evidence of
|
|
a violation of a red light signal;
|
|
(9) a warning that failure to pay the civil penalty
|
|
or to contest liability in a timely manner is an admission of liability and may result in a suspension of the driving privileges of the registered owner of the vehicle; and
|
|
(10) a statement that the person may elect to proceed
|
|
(A) paying the fine; or
(B) challenging the charge in court, by mail, or
|
|
by administrative hearing.
|
|
(e) If a person
charged with a traffic violation, as a result of an automated traffic law
enforcement system, does not pay or successfully contest the civil
penalty resulting from that violation, the Secretary of State shall suspend the
driving privileges of the
registered owner of the vehicle under Section 6‑306.5 of this Code for failing
to pay any fine or penalty
due and owing as a result of 5 violations of the automated traffic law
enforcement system.
(f) Based on inspection of recorded images produced by an
automated traffic law enforcement system, a notice alleging that the violation occurred shall be evidence of the facts contained
in the notice and admissible in any proceeding alleging a
violation under this Section.
(g) Recorded images made by an automatic traffic law
enforcement system are confidential and shall be made
available only to the alleged violator and governmental and
law enforcement agencies for purposes of adjudicating a
violation of this Section, for statistical purposes, or for other governmental purposes. Any recorded image evidencing a
violation of this Section, however, may be admissible in
any proceeding resulting from the issuance of the citation.
(h) The court or hearing officer may consider in defense of a violation:
(1) that the motor vehicle or registration plates of
|
|
the motor vehicle were stolen before the violation occurred and not under the control of or in the possession of the owner at the time of the violation;
|
|
(2) that the driver of the vehicle passed through the
|
|
intersection when the light was red either (i) in order to yield the right‑of‑way to an emergency vehicle or (ii) as part of a funeral procession; and
|
|
(3) any other evidence or issues provided by
|
|
municipal or county ordinance.
|
|
(i) To demonstrate that the motor vehicle or the registration
plates were stolen before the violation occurred and were not under the
control or possession of the owner at the time of the violation, the
owner must submit proof that a report concerning the stolen
motor vehicle or registration plates was filed with a law enforcement agency in a timely manner.
(j) Unless the driver of the motor vehicle received a Uniform
Traffic Citation from a police officer at the time of the violation,
the motor vehicle owner is subject to a civil penalty not exceeding
$100, plus an additional penalty of not more than $100 for failure to pay the original penalty in a timely manner, if the motor vehicle is recorded by an automated traffic law
enforcement system. A violation for which a civil penalty is imposed
under this Section is not a violation of a traffic regulation governing
the movement of vehicles and may not be recorded on the driving record
of the owner of the vehicle.
(k) An intersection equipped with an automated traffic law
enforcement system must be posted with a sign visible to approaching traffic
indicating that the intersection is being monitored by an automated
traffic law enforcement system.
(l) The compensation paid for an automated traffic law enforcement system
must be based on the value of the equipment or the services provided and may
not be based on the number of traffic citations issued or the revenue generated
by the system.
(m) This Section applies only to the counties of Cook, DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and to municipalities located within those counties.
(Source: P.A. 94‑795, eff. 5‑22‑06.)
|
(625 ILCS 5/11‑209) (from Ch. 95 1/2, par. 11‑209)
Sec. 11‑209.
Powers of municipalities and counties ‑ Contract with
school boards, hospitals, churches, condominium complex unit owners'
associations, and commercial and industrial facility, shopping center,
and apartment complex owners for regulation of traffic.
(a) The corporate authorities of any municipality or the county
board of any county, and a school board, hospital, church, condominium
complex unit owners' association, or owner of any
commercial and industrial facility,
shopping center, or apartment complex which controls a parking area
located within the limits of the municipality, or outside the limits of
the municipality and within the boundaries of the county, may, by
contract, empower the municipality or county to regulate the parking of
automobiles and the traffic at such parking area. Such contract shall
empower the municipality or county to accomplish all or any part of the
following:
1. The erection of stop signs, flashing signals, |
|
person with disabilities parking area signs or yield signs at specified locations in a parking area and the adoption of appropriate regulations thereto pertaining, or the designation of any intersection in the parking area as a stop intersection or as a yield intersection and the ordering of like signs or signals at one or more entrances to such intersection, subject to the provisions of this Chapter.
|
|
2. The prohibition or regulation of the turning of
|
|
vehicles or specified types of vehicles at intersections or other designated locations in the parking area.
|
|
3. The regulation of a crossing of any roadway in
|
|
the parking area by pedestrians.
|
|
4. The designation of any separate roadway in the
|
|
parking area for one‑way traffic.
|
|
5. The establishment and regulation of loading zones.
6. The prohibition, regulation, restriction or
|
|
limitation of the stopping, standing or parking of vehicles in specified areas of the parking area.
|
|
7. The designation of safety zones in the parking
|
|
8. Providing for the removal and storage of vehicles
|
|
parked or abandoned in the parking area during snowstorms, floods, fires, or other public emergencies, or found unattended in the parking area, (a) where they constitute an obstruction to traffic, or (b) where stopping, standing or parking is prohibited, and for the payment of reasonable charges for such removal and storage by the owner or operator of any such vehicle.
|
|
9. Providing that the cost of planning,
|
|
installation, maintenance and enforcement of parking and traffic regulations pursuant to any contract entered into under the authority of this paragraph (a) of this Section be borne by the municipality or county, or by the school board, hospital, church, property owner, apartment complex owner, or condominium complex unit owners' association, or that a percentage of the cost be shared by the parties to the contract.
|
|
10. Causing the installation of parking meters on
|
|
the parking area and establishing whether the expense of installing said parking meters and maintenance thereof shall be that of the municipality or county, or that of the school board, hospital, church, condominium complex unit owners' association, shopping center or apartment complex owner. All moneys obtained from such parking meters as may be installed on any parking area shall belong to the municipality or county.
|
|
11. Causing the installation of parking signs in
|
|
accordance with Section 11‑301 in areas of the parking lots covered by this Section and where desired by the person contracting with the appropriate authority listed in paragraph (a) of this Section, indicating that such parking spaces are reserved for persons with disabilities.
|
|
12. Contracting for such additional reasonable rules
|
|
and regulations with respect to traffic and parking in a parking area as local conditions may require for the safety and convenience of the public or of the users of the parking area.
|
|
(b) No contract entered into pursuant to this Section shall exceed a
period of 20 years. No lessee of a shopping center or apartment complex
shall enter into such a contract for a longer period of time than the
length of his lease.
(c) Any contract entered into pursuant to this Section shall be
recorded in the office of the recorder in the county in which
the parking area is located, and no regulation made pursuant to the
contract shall be effective or enforceable until 3 days after the
contract is so recorded.
(d) At such time as parking and traffic regulations have been
established at any parking area pursuant to the contract as provided for
in this Section, then it shall be a petty offense for any person to do
any act forbidden or to fail to perform any act required by such parking
or traffic regulation. If the violation is the parking in a parking space
reserved for persons with disabilities under paragraph (11) of this Section, by
a person without special registration plates issued to a person with
disabilities, as defined by Section 1‑159.1, pursuant to Section
3‑616 of this Code, or to a disabled veteran pursuant to Section 3‑609 of
this Code, the local police of the contracting corporate municipal
authorities shall issue a parking ticket to such parking violator and issue
a fine in accordance with Section 11‑1301.3.
(e) The term "shopping center", as used in this Section, means
premises having one or more stores or business establishments in
connection with which there is provided on privately‑owned property near
or contiguous thereto an area, or areas, of land used by the public as
the means of access to and egress from the stores and business
establishments on such premises and for the parking of motor vehicles of
customers and patrons of such stores and business establishments on such
premises.
(f) The term "parking area", as used in this Section, means an area,
or areas, of land near or contiguous to a school, church, or hospital
building, shopping center, apartment complex, or condominium
complex,
but not the public highways or alleys, and used by
the public as the means of access to and egress from such buildings and
the stores and business establishments at a shopping center and for the
parking of motor vehicles.
(g) The terms "owner", "property owner", "shopping center owner",
and "apartment complex owner",
as used in this Section, mean the actual
legal owner of the shopping center parking area or apartment
complex,
the trust officer of a banking institution having the right to manage
and control such property, or a person having the legal right, through
lease or otherwise, to manage or control the property.
(g‑5) The term "condominium complex unit owners' association", as used in
this Section, means a "unit owners' association" as defined in Section 2 of the
Condominium Property Act.
(h) The term "fire lane", as used in this Section, means travel
lanes for the fire fighting equipment upon which there shall be no
standing or parking of any motor vehicle at any time so that fire
fighting equipment can move freely thereon.
(i) The term "apartment complex", as used in this Section, means
premises having one or more apartments in connection with which there is
provided on privately‑owned property near or contiguous thereto an area,
or areas, of land used by occupants of such apartments or their guests
as a means of access to and egress from such apartments or for the
parking of motor vehicles of such occupants or their guests.
(j) The term "condominium complex", as used in this Section, means
the units, common elements, and limited common elements that are located on the
parcels, as those terms are defined in Section 2 of the Condominium Property
Act.
(k) The term "commercial and industrial facility", as used in this
Section, means a premises containing one or more commercial and industrial
facility establishments in connection with which there is
provided on
privately‑owned property near or contiguous to the premises an area or areas of
land used by the public as the means of access to and egress from the
commercial and industrial facility establishment on the premises and for the
parking of motor vehicles of customers, patrons, and employees of the
commercial and industrial facility establishment on the premises.
(l) The provisions of this Section shall not be deemed to
prevent local
authorities from enforcing, on private property, local ordinances imposing
fines, in accordance with Section 11‑1301.3, as penalties for use of any
parking
place reserved for persons with disabilities, as defined by Section 1‑159.1, or
disabled veterans by any person using a motor vehicle not bearing registration
plates specified in Section 11‑1301.1 or a special decal or device as defined
in Section 11‑1301.2 as evidence that the vehicle is operated by or for a
person with disabilities or disabled veteran.
This amendatory Act of 1972 is not a prohibition upon the contractual
and associational powers granted by Article VII, Section 10 of the
Illinois Constitution.
(Source: P.A. 89‑551, eff. 1‑1‑97; 90‑106, eff. 1‑1‑98; 90‑145, eff. 1‑1‑98;
90‑481, eff. 8‑17‑97; 90‑655, eff. 7‑30‑98.)
|
(625 ILCS 5/11‑212)
Sec. 11‑212.
Traffic stop statistical study.
(a) From January 1, 2004 until December 31, 2007,
whenever a State or local law enforcement officer issues a
uniform traffic citation or warning citation for an alleged
violation of the Illinois Vehicle Code, he or she shall
record at least the following:
(1) the name, address, gender, and the officer's |
|
subjective determination of the race of the person stopped; the person's race shall be selected from the following list: Caucasian, African‑American, Hispanic, Native American/Alaska Native, or Asian/Pacific Islander;
|
|
(2) the alleged traffic violation that led to the
|
|
(3) the make and year of the vehicle
stopped;
(4) the date and time of the stop;
(5) the location of the traffic stop;
(6) whether or not a search contemporaneous to the
|
|
stop was conducted of the vehicle, driver, passenger, or passengers; and, if so, whether it was with consent or by other means; and
|
|
(7) the name and badge number of the issuing officer.
(b) From January 1, 2004 until December 31, 2007,
whenever a State or local law enforcement officer stops a
motorist for an alleged violation of the Illinois Vehicle Code
and does not issue a uniform traffic citation or
warning citation for an alleged violation of the Illinois
Vehicle Code, he or she shall complete a uniform stop card, which includes
field
contact cards, or any other existing form currently used by law enforcement
containing
information required pursuant to this Act,
that records
at least the following:
(1) the name, address, gender, and the officer's
|
|
subjective determination of the race of the person stopped; the person's race shall be selected from the following list: Caucasian, African‑American, Hispanic, Native American/Alaska Native, or Asian/Pacific Islander;
|
|
(2) the reason that led to the stop of the
motorist;
(3) the make and year of the vehicle
stopped;
(4) the date and time of the stop;
(5) the location of the traffic stop;
(6) whether or not a search contemporaneous to the
|
|
stop was conducted of the vehicle, driver, passenger, or passengers; and, if so, whether it was with consent or by other means; and
|
|
(7) the name and badge number of the issuing
officer.
(c) The Illinois Department of Transportation shall provide a
standardized law
enforcement data compilation form on its website.
(d) Every law enforcement agency shall, by March 1 in each of the years
2004,
2005, 2006, and 2007, compile the data described in subsections (a) and (b) on
the
standardized law enforcement data compilation form provided by the Illinois
Department
of Transportation and transmit the data to the Department.
(e) The Illinois Department of Transportation shall analyze the data
provided
by law
enforcement agencies required by this Section and submit a report of the
findings to the
Governor, the General Assembly, and each law enforcement agency no later than
July 1
in each of the years 2005, 2006, 2007, and 2008. The Illinois Department of
Transportation may contract with
an outside entity for the analysis of the data provided. In analyzing the data
collected
under this Section, the analyzing entity shall scrutinize the data for evidence
of statistically
significant aberrations. The following list, which
is illustrative, and not exclusive, contains examples of areas in which
statistically
significant aberrations may be found:
(1) The percentage of minority drivers or passengers
|
|
being stopped in a given area is substantially higher than the proportion of the overall population in or traveling through the area that the minority constitutes.
|
|
(2) A substantial number of false stops including
|
|
stops not resulting in the issuance of a traffic ticket or the making of an arrest.
|
|
(3) A disparity between the proportion of citations
|
|
issued to minorities and proportion of minorities in the population.
|
|
(4) A disparity among the officers of the same law
|
|
enforcement agency with regard to the number of minority drivers or passengers being stopped in a given area.
|
|
(5) A disparity between the frequency of searches
|
|
performed on minority drivers and the frequency of searches performed on non‑minority drivers.
|
|
(f) Any law enforcement officer identification information or driver
identification information
that is
compiled by any law enforcement agency or the Illinois Department of
Transportation
pursuant to this Act for
the purposes of fulfilling the requirements of this Section shall be
confidential and exempt
from
public inspection and copying, as provided under Section 7 of the Freedom of
Information
Act,
and the information shall not be transmitted to anyone except as needed to
comply with
this Section. This Section shall not exempt those materials that, prior to the
effective date of this
amendatory Act of the 93rd General Assembly, were available under the Freedom
of
Information Act.
(g) Funding to implement this Section shall come from federal highway
safety
funds available to Illinois, as directed by the Governor.
(h) The Illinois Department of Transportation, in consultation with
law enforcement agencies, officials, and organizations, including Illinois
chiefs of police,
the Department of State Police, the Illinois Sheriffs Association, and the
Chicago Police
Department, and community groups and other experts, shall undertake a study to
determine the best use of technology to collect, compile, and analyze the
traffic stop
statistical study data required by this Section. The Department shall report
its findings
and recommendations to the Governor and the General Assembly by March 1,
2004.
(Source: P.A. 93‑209, eff. 7‑18‑03.)
|