Chapter 10-04
TRAFFIC CODE—GENERAL PROVISIONS
Sections:
10-04-001 Adoption of the Illinois Vehicle Code.
10-04-020 Effect of ordinance.
10-04-040 Short title of ordinance.
10-04-001 Adoption of the Illinois Vehicle Code.
A. Administrative adjudication of municipal code violations.
The city of Harvey, by the ordinance codified in this section, hereby enacts a system of administrative adjudication of municipal code violations to the extent permitted by the Illinois Constitution (Illinois Const., Art. I, § 1 et seq.). A “system of administrative adjudication” means the adjudication of any violation of a municipal ordinance as authorized by Chapter 2-30.
B. There is hereby adopted by reference the Illinois Vehicle Code, Act 625, Acts 5 and 25 (the “Vehicle Code”), as it presently exists and as hereafter amended, the same being a public record of the state, with the exception of certain sections thereof hereinafter set forth.
1. Excluded from adoption by reference by this section are the following sections of the aforesaid Illinois Vehicle Code:
a. Chapter 2 in its entirety, 625 ILCS 5/2;
b. Chapter 3, Article I, II, V, VI, VIII and IX;
c. Chapter 5, 625 ILCS 5/5;
d. Chapter 7, 625 ILCS 5/7;
e. Chapter 8, 625 ILCS 5/8;
f. Chapter 9, 625 ILCS 5/9;
g. Chapter 10, 625 ILCS 5/10;
h. Chapter 13, 625 ILCS 5/13-101 to 5/13-114;
i. Chapter 16, 625 ILCS 5/16-101 to 5/16-107;
j. Chapter 17, 625 ILCS 5/17;
k. Chapter 18, 625 ILCS 5/18; and
l. Chapter 20, 625 ILCS 5/20.
i. ILCS Ch. 625, Act 5, Chapter 15, including its numbering system, size, weight and load regulations, and violations/penalties, as amended from time to time, is hereby adopted by reference as fully as if set out at length herein, to be applied within the corporate limits of the city to the extent permitted by law and to the extent that its subject matter is not regulated by the city’s code or inconsistent with any lawful provisions of the city’s code.
ii. All citations issued for violations that are to be prosecuted by the city of Harvey prosecutor, city of Harvey legal department, city of Harvey city attorney, city of Harvey corporation counsel, including their designees, shall be written in the name of the city of Harvey and shall designate the violation as an ordinance violation on the traffic citation, ticket, complaint, or compliance ticket. For example, a violation for overweight trucks (625 ILCS 5/15-111) would be designated “Harvey Code, Ch. 10, §15-111.” (Ord. 3495 § 2, 2024)
10-04-010 Definitions.
Whenever in this title, the following words and phrases are used, they shall have the meanings respectively ascribed to them in this section.
“Abandoned vehicle” means a motor vehicle standing or parked on the public way which vehicle is either (a) in such state of disrepair as to be incapable of being driven in its present condition, or (b) has not been moved or used for more than seven consecutive days and is apparently deserted.
“Alley” means a public way within a block generally giving access to the rear of lots or buildings and not used for general traffic circulation.
“Authorized emergency vehicle” means any vehicle of the Harvey fire department and police department or any governmental agency, and any ambulance, and any repair and service vehicle of a governmental agency and public service corporation, authorized by the chief of police.
“Bicycle” means every device propelled by human power upon which any person may ride, having two tandem wheels either of which is twenty (20) inches or over in diameter, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels.
“Boulevard” means a through street except that its use is limited exclusively to certain specified classes of traffic.
“Bus” means every motor vehicle designed for carrying more than ten passengers and used for the transportation of persons; and every motor vehicle, other than a taxicab designed and used for the transportation of persons for compensation.
“Bus stand” means a fixed area in the roadway parallel and adjacent to the curb to be occupied exclusively by buses for lay-over in operating schedules or waiting for passengers.
“Bus stop” means a fixed area in the roadway parallel and adjacent to the curb set aside for the expeditious loading and unloading of passengers only.
“Bus terminal” means a terminal used by public-carrier buses.
“Business street” means any street, including intersections, when more than fifty (50) percent of the entire frontage at ground level of said street is in use for retail or wholesale business, by hotels, banks or office buildings, by railway stations, or by public buildings excepting schools.
“Crossing guard” means an adult civilian officially authorized to supervise and expedite the crossing of school children or other pedestrian at hazardous or congested traffic points.
“Crosswalks” means that portion of a roadway ordinarily included within the prolongation or connection of sidewalk lines at intersections, or any other portion of a roadway clearly indicated for pedestrian crossing by markings.
“Driver” means every person who operates or is in actual physical control of a vehicle.
“Freight curb loading zone” means a space adjacent to a curb for the exclusive use of vehicles during the loading or unloading of freight.
“Funeral procession” means a procession consisting of motor vehicles which are designed and used for the carrying of not more than seven passengers, a funeral hearse and floral cars, or combinations thereof with any of the following added, foot units and equestrian units, proceeding to a place of burial.
“Holidays” when used in this title or on official signs erected by authority of this title, shall mean New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.
“Intersection” means the area embraced within the prolongation or connection of the property lines of two or more streets which join at an angle, whether or not one such street crosses the other.
“Land roadway” means a roadway which is divided into two or more marked lanes for vehicular traffic.
“Limited-access or controlled-access highway” means every public way in respect to which owners or occupants of abutting property or lands and other persons have no legal rights 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 public way.
“Mass transportation lane” means that portion of a roadway indicated for use by mass transportation vehicles.
“Mass transportation vehicle” means a public passenger vehicle having seating capacity for thirty-five (35) or more passengers.
“Mass transportation vehicle of the local type” means every mass transportation vehicle that makes frequent designated local stops for the purpose of loading or unloading passengers.
“Mass transportation vehicle of the semi-local type” means every mass transportation vehicle that for portions of the route traveled operates as a mass transportation vehicle of the through-traffic type and for portions of the route traveled operates as a mass transportation vehicle of the local type.
“Mass transportation vehicle of the through-traffic type” means every mass transportation vehicle that makes stops only at designated express transfer points and terminals.
“Merging traffic” means 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 collision with any other vehicle.
“Motorcycle” means 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-driven cycle” means every motorcycle, including every power scooter, power cycle with a motor which produces not to exceed five brake horsepower, and every bicycle with motor attached.
“Motor vehicle” means every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails.
For the purpose of this title, motor vehicles as a class shall be divided into division, viz.:
First: Those vehicles which are designed and used for the carrying of not more than seven persons.
Second: Those vehicles which are designed and used for the pulling or carrying freight and also those vehicles or motor cars which are designed and used for the carrying of more than seven persons.
Official Time Standard. Whenever certain hours are named in this title, they shall mean standard time or day-light-saving time as may be in current use in this city.
“One-way street or alley” means a public way upon the roadway of which traffic is permitted to travel in only one direction.
“Operator” means every person who operates or is in actual physical control of a vehicle.
“Parking” (“to park”) means the standing of a vehicle, whether occupied or not, upon a roadway, for a period of time greater than is reasonably necessary either for loading or unloading or in obedience to traffic regulations or official traffic signs or signals.
“Parking meter” means any mechanism which, upon deposit of a coin of the United States in the amount indicated thereon, displays a signal showing parking from the time of depositing such coin until the expiration of the time fixed for parking in the parking meter zone in which it is located, and upon expiration of such time indicates by sign or signal that the lawful parking meter period has expired.
“Parking-meter zone” means a certain designated and marked-off section of the public way within the marked boundaries where a vehicle may be temporarily parked and allowed to remain for such period of time as the parking meter attached thereto may indicate.
“Parkway” means any portion of a street not considered as roadway or sidewalk.
“Passenger curb loading zone” means a space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers.
“Pedestrians” means any person afoot
“Person” means every natural person, firm, copartnership, association or corporation.
“Play street” means a street or part of a street devoted to recreational purposes for children.
“Police officer” means every officer of the municipal police department or any officer authorized to direct or regulate traffic or to make arrests for violation of traffic regulations.
“Private road or driveway” means 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.
“Property line” means the line marking the boundary between any public way and the private property abutting thereon.
“Public building” means a building used by any government agency.
“Public passenger vehicle” means a motor vehicle, as defined in the Motor Vehicle Law of the State of Illinois, which is used for the transportation of passengers for hire, excepting those devoted exclusively for funeral use or in operation of a metropolitan transit authority or public utility under the laws of Illinois.
“Public way” means any sidewalk, roadway, alley or other public thoroughfare open to the use of the public, as a matter of right, for purposes of travel.
“Pushcart” means a conveyance designed to be propelled by a person afoot.
“Railroad” means a carrier of persons or property upon cars operated upon stationary rails.
“Railroad train” means a steam engine, electric or other motor with or without cars coupled thereto, operated upon rails.
“Residential street” means the length of any street between street intersections where more than fifty (50) percent of the occupied frontage of said streets is in use for residence purposes.
“Right-of-way” means the privilege or the immediate use of the public way.
“Road tractor” means every motor vehicle designed and used for drawing other vehicles and not so constructed as to carry any load thereon either independently or any part of the weight of a vehicle or load so drawn.
“Roadway” means that portion of a public way between the regularly established curb lines or that part improved and intended to be used for vehicular travel.
“Safety zone” means 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 appropriate signs as to be plainly visible at all times while set apart as a safety zone.
“School vehicle” means every motor vehicle operated by or for a public or governmental agency or by or for a private or religious organization solely for the transportation of pupils in connection with any school activity.
“Semitrailer” means 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.
“Service drive” means a narrow portion of a public way open to vehicular traffic for the purpose of providing access to the front of abutting property between intersections and separated by physical means from through traffic, if the latter exist, on the same public way.
“Sidewalk” means that portion of a public way between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for the use of pedestrians.
“Stop,” when required, means complete cessation of movement.
“Stop, stopping or standing,” when prohibited, means any stopping or standing of a vehicle, whether occupied or not, except when necessary to avoid conflicts with other traffic or in compliance with the directions of a police officer or traffic-control sign or signal.
“Street or highway” means every way or place, other than an alley, open to the use of the public, as a matter of right, for purposes of travel.
“Taxicab stand” means a fixed area in the roadway alongside and parallel to the curb set aside for taxicabs to stand or wait for passengers.
“Terminal” means a special area, including buildings, structures and equipment, located at the origin or destination of a transportation movement and used for the transferring, handling, delivery and receiving of passengers and property.
“Through street” means every public way or portion thereof at the entrance to which vehicular traffic from intersecting public ways is required by law to stop before entering or crossing the same and when stop signs are erected as provided in this title. Only those streets, or parts of streets, which have been or may be designated as through streets by the city council shall be considered as such for the purpose of this title.
“Traffic” means pedestrians, ridden or herded animals, vehicles, and other conveyances, either singly or together, while using any public way for purposes of travel.
“Traffic-control devices” means all signs, signals, markings and devices placed or erected under due authority for the purpose of regulation, warning or guiding traffic.
“Traffic-control signal” means any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and proceed.
“Trailer” means every vehicle without motive power 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.
“Urban district” means 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 one hundred (100) feet for a distance of a quarter of a mile or more.
“Vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks.
“Yield right-of-way,” when required by an official sign, means the act of granting the privilege of the immediate use of the intersecting roadway to traffic within the intersection and to vehicles approaching from the right or left, but when the roadway is clear may proceed into the intersection. (Ord. 1668 § 1, 1964)
10-04-020 Effect of ordinance.
If any part or parts of the ordinance codified in this title are for any reason held to be invalid, such decisions shall not affect the validity of the remaining portions of this title. (Ord. 1668 § 21.1, 1964)
10-04-030 Saving clause.
All ordinances which establish loading zones, bus stops, bus stands, taxicab stands, through streets, one-way streets and alleys, and load restrictions on certain streets, or which regulate the turning of vehicles on certain streets, heretofore passed and in effect prior to the passage of the amendatory ordinance codified in this title, shall remain in force and effect as fully as if the amendatory ordinance codified in this title had not been passed. (Ord. 1668 § 25.2, 1964)
10-04-040 Short title of ordinance.
The ordinance codified in this title may be known and cited as the “Traffic Code of the City of Harvey, Illinois.” (Ord. 1668 § 25.3, 1964)