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HomeMy WebLinkAboutOrdinances - MC-70-48 - 06/15/1970 - ADOPT MOTOR VEHICLE CODELOOZE & KINNE ATTORNEYS 3431 W. ELM STREET M RY. ILLINOIS MC-48 AN ORDINANCE REGULATING TRAFFIC AND MOTOR VEHICLES BE IT ORDAINED by the City Council of the City of McHenry that the Municipal Code of the said City is hereby amended as follows: CHAPTER 13 ARTICLE I Definitions 1. VEHICLES. a. VEHICLE. 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. b. MOTOR VEHICLE. Every vehicle which is self-propelled under its own r motive power, including, but not limited to, motorcycles, bicycles with motor attached, power scooters or vehicles with five brake H.P. c. FOR THE PURPOSES OF THIS ARTICLE, motor vehicles shall be divided into two divisions, to -wit: First, vehicles which are designed for the carrying of not more than nine persons; Second, vehicles which are designed and used for the pulling or carrying of freight, and vehicles which are designed or used for the carrying of more than nine persons. d. AUTHORIZED EMERGENCY VEHICLE. Vehicles of the fire depart- ment, police vehicles, and such ambulances and emergency vehicles of munici- pal departments or public service corporations as are designated or authorized by the Chief of Police of this City. 2. RAILROAD. A carrier of persons or property upon cars, other than streetcars, operated upon stationary rails. 3. TRAFFIC. Pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any street for pur- poses of travel. 4. RIGHT OF WAY. The privilege of the immediate use of the roadway. 5. STOPS, ETC. a. STOP. When required means complete cessation of movement. b. STOP, STOPPING, or STANDING. When prohibited means any stop- ping or standing 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. c. PARK. When prohibited means the standing of a vehicle whether occu- pied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading. 6. OFFICIAL TIME STANDARD. Whenever certain hours are named herein they shall mean standard time or daylight-saving time as may be in current use m this city. 7. PERSONS, ETC. a. PERSON. Every natural person, firm, co -partnership, association, or corporation. b. DRIVER. Every person who drives or is in actual physical control of a vehicle. c. PEDESTRIAN. Any person afoot. 8. POLICE OFFICER, TRAFFIC DIVISION. a. POLICE OFFICER. Every officer of the municipal police department or any officer authorized to direct or regulate traffic or to make arrests for viola- tions of traffic regulations. b. TRAFFIC DIVISION. The traffic division of the police department of this City, or in the event a traffic division is not established, then said term whenever used herein shall be deemed to refer to the police department of this City. - 1 - LOOZE & KINNE ATTORNEYS 34- W. ELM STREET M RY, ILLINOIS 9. STREETS, ETC. a. STREET or HIGHWAY. The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. b. PRIVATE ROAD or DRIVEWAY. Every way or place in private owner- ship and used for vehicular travel, by the owner and those having express sir implied permission from the owner, but not by other persons. c. ROADWAY. That portion of a street or 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. d. SIDEWALK. That portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians. e. ALLEY. A narrow passageway between buildings. 10. ROADWAY, HIGHWAY. a. LANED ROADWAY. A roadway which is divided into two or more clearly marked lanes for vehicular traffic. b. THROUGH HIGHWAY. Every street or highway or portion thereof at the entrances to which vehicular traffic from intersecting streets or highways is required by law to stop before entering or crossing the same and when stop signs are erected as provided in this act. c. CONTROLLED -ACCESS HIGHWAY. Every highway, street:, or road- way in respect to which owners or occupants of abutting property or 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. 11. INTERSECTION. a. The area embraced within the prolongation or connection of the lateral curb lines, or, if none, then the lateral boundary lines of the roadways of the two highways which join one another at or approximately at right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. b. Where a highway includes two roadways 30 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. In the event such inter- secting highway also includes two roadways 30 feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate intersection. 12. CROSSWALK. a. Thai: part of a roadway at an intersection included within the connec- tions of thEl 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. b. Any portion of a roadway at an intersection or elsewhere• distinctly indicated for pedestrian crossing by lines or other markings on the surface. 13. ZONE. a. SAFETY ZONE. The area or space officially set apart within a road- way 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. b. CURB LOADING ZONE. A space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials. c. PASSENGER CURB LOADING ZONE. A place adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers. d. FREIGHT CURB LOADING ZONE. A space adjacent to a curb for the exclusive use of vehicles during the loading or unloading of freight or pas- sengers. 14. TRAIMC CONTROL DEVICES, SIGNALS. a. OFFICIAL TRAFFIC -CONTROL DEVICES. All signs, signals, mark- Ings, and devices not inconsistent with this ordinance placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic. b. TRAFFIC -CONTROL SIGNALS. Any device, whether manually, elec- trically, or mechanically operated, by which traffic is alternately directed to stop and to proceed. - 2 - LOOZE & KINNE ATTORNEYS W. ELM STREET M RY. ILLINOIS 15. DISTRICTS. a. BUSINESS DISTRICT. 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. b. RESIDENCE DISTRICT. The territory contiguous to and including a highway not comprising a business district when the property on such high- way for a distance of 300 feet or more is in the main improved with residences or residences and buildings in use for business. 16. CENjPRAL BUSINESS DISTRICT. All streets and portions of streets within the areas as follows, and singular business districts and areas as follows: a. Riverside Drive from the Southerly line of Broad Street to Boone Creek. b. Elm Street from the Westerly line of the Fox River to the Westerly corporate limits. c. Green Street from the Southerly line of Pearl Street to the Southerly line of Waukegan Road. d. Front Street from the Northerly line of Elm Street to the Northerly line of Kane Avenue. e. Main Street from the Westerly line of Crystal Lake Road to the Easterly line of Front Street. f. Crystal Lake Road from the Southerly line of Elm Street to the Souther- ly line of Mild Street. ARTICLE II Vehicle Licenses 17. LICENSE REQUIRED. It shall be unlawful for any person residing in the city or for any firm, association or corporation having its principal office or place of business in the city to use, or cause or permit any of his, her, their or .its agents or employees to use, for a longer period of time than thirty days any motor vehicle in the transportation of persons or property of the conveyance of loads upon the streets, avenues or alleys of this city unless such motor vehicle be licensed as hereinafter provided. 18. APPLICATION. That any person, firm, association or corporation desiring a license for any such motor vehicle, shall file an application there- for with the City Clerk, upon a form provided by him, setting forth the name and address of the applicant, the description of the motor vehicle, and the state license number thereof, and such information as may be prescribed. Such license shall issue upon the payment by the applicant of a license fee, as hereinafter provided, to the City Clerk, and shall authorize the use of such motor vehicle within the city until the expiration of such license. 19. FEES. The license fee for each motor vehicle to be paid annually to the City Clerk shall be as follows: Passenger vehicles for private use and trucks of less than one ton capacity . . . $ 4. 00 Freight or merchandise carrying vehicles One to two ton capacity . . . 5.50 Over two ton capacity • • . . 8.50 Motorcycles . . . . . . . . . . . . . . . . 3.00 Motor scooters . • . . . • . . . . . . . . • 2.00 Public passenger vehicles with capacity of over seven persons . • . . . 0 15.00 Public passenger vehicles having capacity of seven persons or less . . . . . 12.00 Automobile dealer . . . . . . . . . . . . . 20.00 School busses of all sizes and capacity. . . 5. 00 20. T131E OF PAYMENT -LICENSE YEAR. All licenses issued here- under shall be annual licenses and shall expire December 31, following their Issuance. The license fee for any calendar year shall be due and payable in advance, on January 1st, provided, that when such license is issued for less than one year, then such license fee shall be reduced fifty per cent (50%) if payable during the second half of the calendar year; and provided further that when any owner shall fail to apply for and pay for such license within two calendar months of the date when such fee is due he shall pay fifty (50) cents per month or fraction thereof of such period of delay in addition to the license fee. - 3 - LOOZE & KINNE ATTORNIEY5 W. ELM STREET CRY. ILLINOIS 21. LICENSE TAG. Upon the issuance of said license the City Clerk shall deliver to the applicant a gummed tag or sticker upon which shall be shown the name of the class to which said motor vehicle belongs and the year for which the said license is issued, and it shall be the duty of the applicant to affix such gummed tag or sticker upon the windshield of the motor vehicle, or if there is no windshield, then in a conspicuous place upon said motor vehicle where it can readily be seen. It shall be unlawful for any motor vehicle, although duly licensed, to be used upon the streets, avenues or alleys of the city unless such tag or sticker is attached thereto. 22. SALE OR TRANSFER. Immediately upon the sale or transfer of any motor vehicle which has been licensed as above prior to the date of such sale or transfer, the vendor shall remove the license tag or sticker from the motor vehicle so sold or transferred, and the license so issued for such motor vehicle shall cease to apply to said motor vehicle from such date, and the purchaser or transferee thereof shall apply to the City Clerk for a new license therefor as above provided. Upon a showing to the City Clerk that said tag or sticker had been removed from such sold or transferred motor vehicle, the City Clerk may issue a new tag or sticker bearing a new number, which shall apply to and be assigned to any other motor vehicle of the same class owned by said vendor transferor; except as above provided no tag or sticker issued for or assigned to any motor vehicle shall ever be used for or attached to or upon another and different vehicle. 23. USE OF FUND. The proceeds of all license fees so collected shall be used for the purpose of improving, paving, repairing or maintaining the streets and other public roadways within the city, and shall never be devoted to any other use whatever, provided that the actual cost of the collection of such fees and the distribution thereof may be deducted from the total amount collected. ARTICLE III Parking Meters 24. 21K DEFINITIONS. Whenever in this ordinance the following terms are used, they shall have the meaning respectively ascribed to them in this section: a. PARKING METER. A mechanical device located upon a public street or sidewalk in a place regularly designed as a parking zone as hereinafter defined, which device shall record a certain number of minutes by the use of a clock mechanism determining the period of time for which parking privileges may be extended to the person so depositing a coin. b. PARKING METER ZONE. A certain designated and marked off sec- tion of the public street within the marked boundaries where the vehicle may be temporarily parked and allowed to remain for such period of time as the ,parking meter attached thereto may indicate. 2 5 . V6. PARK] NG METER ZONE. Parking meter zones as herein above described, are hereby created on the following streets of the City of McHenry: Main Street, Vilest McHenry; Green Street; Riverside Drive; Elm Street; and from time to time hereafter as traffic conditions require on such streets and ,avenues and other streets and avenues, or such other locations as selected 'by resolution of the City Council for the location of such zones. 26. 5M LOCATION AND TIME. In said parking meter zones the Board of Local Improvements shall cause parking meters to be installed in such num- bers and at such places as in their judgment may be necessary to the regula- tion, control, and inspection of the parking of vehicles therein, including the ;reservation of loading zones for commercial vehicles and shall cause parking meter spaces to be designated as hereinafter provided. The Board of Local Improvements shall fix the time limitations for legal parking in such zones and the hours during the day when the parking meter or meters must be used and when the time limitations shall be effective, in compliance with the pro- visions of this ordinance, and shall indicate the time limitations by designat- ing the same on the parking meter or meters or by approprate sign posted in proximity to said meter or meters in said zone. 27. in. METHOD OF PROCUREMENT and PAYMENT. The Board of Local Improvements is hereby authorized to carry out the terms of any contracts heretofore or hereafter entered into by the City Council for the purchase, leasing, acquiring, installation, operation, maintenance, supervision, regula- tion, and use of the parking meters provided for in this ordinance, whether for trial period or otherwise. The payment for such parking meters and in- stallation is to be provided for solely from the receipts, funds and revenues ob- tained from the operation of said parking meters without in any manner obligating the City to pay for the same from any other source. 28. 2!k PLACEMENT. The parking meters installed in the parking meter zones as established and provided for in Section 26 hereof, shall be placed upon the curb immediately adjacent to the individual parking places herein- after described. Each parking meter shall be placed or set in such manner - 4 - LOOZE & KINNE ATTORNEYS 34" W, ELM STREET M 1RY. ILLINOIS as to show or display by a signal that the parking space adjacent to such meter is or is not legally in use. Each parking meter installed shall indicate by a proper legend the legal parking time established by the City and when operated shall indicate on and by its dial and pointer the duration of the period of legal parking and on the expiration of such period, shall indicate illegal or over parking. 2 9.2& MARKINGS. The Board of Local Improvements shall have markings painted or placed upon the curb and/or upon the street adjacent to each parking meter for the purpose of designating the parking space for which said meter is to be used and each vehicle parking adjacent or next to any parking meter shall park within the lines or markings so established. It shall be unlawful and a violation of this ordinance to park any vehicle across any such line or marking, or to park said vehicle in such position that the same shall not be entirely within the area so designated by such lines or markings. 3 0. = DEPOSITING OF COIN. When any vehicle shall be parked in any space adjacent to which a parking meter is located in accordance with the provisions of this ordinance, the operator of said vehicle shall upon entering the said parking space, immediately deposit or cause to be deposited a one, five or ten cent coin of the United States, in such parking meter, and put such meter in operation, and failure to deposit such coin and put the meter in operation shall constitute a violation of this ordinance and shall subject such person to the penalty prescribed hereinafter. 31. 32C PERIOD OF TIME. Upon placing such meter in operation as afore- said, the parking space may be lawfully occupied by such vehicle for a period of twelve (12) consecutive minutes for each one cent coin of the United States deposited therein up to one hundred twenty (120) minutes, or for a period of sixty (60) consecutive minutes for each five cent coin of the United States deposited therein up to one hundred twenty (120) minutes, or for one hundred twenty (120) minutes for each ten cent coin of the United States deposited therein, and payment of the aforesaid amounts for the above periods shall be made for parking in the areas set forth hereinabove. If any such vehicle shall remain parked in any such parking space beyond the parkin; time limit as fixed by the coin or coins deposited in such meter for such parking space, the parking meter shall with its dial and pointer indicate such illegal parking and in that event, such vehicle shall be con- sidered parked overtime and beyond the period of legal parking time and shall constitute a violation of this ordinance and the owner or operator thereof shall be punished as hereinafter set out. 32. 8X TAMPERING WITH METERS. It shall be unlawful and a violation of the provisions of this ordinance for any person to deface, injure, tamper with, open or wilfully break, destroy, or impair the usefulness of any parking meter installed under the provisions of this ordinance. 3 3, g�k COINS. It shall be unlawful and a violation of the provisions of this ordinance to deposit or cause to be deposited in any parking meter, any slug, device or metallic substitute, or any other substitute for a one cent, five cent i or ten cent coin of the United States. 34, 35�. DUTY OF POLICE. It shall be the duty of the police officers of the City, actin; in accordance with instructions issued by the Board of Local Improvements to report: a. The number of each parking meter which indicates that the vehicle . occupying the p.lrking space adjacent to such parking meter is or has been parking in violation of any of the provisions of this ordinance. b. The state license number of such vehicle. c. The time such vehicle is parking in violation of any of the provisions of this ordinance. d. Any other facts, or knowledge of which it is necessary to have knows• edge for a thorough understanding of the circumstances attending such viola- tion. Each such police officer shall also attach to such vehicle a notice to the owner or operator thereof that such vehicle has been parked in violation of a provision of this ordinance and instructing such owner or operator to report to the Office of the City Clerk of the City of McHenry, in regard to such viola- tion. Each such owner or operator, may within 24 hours of the time when such notice was attached to such vehicle pay to the Office of the City Clerk, as a penalty for and in full satisfaction of such violation, the sum of twenty- five ($.25) cents. The failure of owner or operator to make such payment within twenty-four (24) hours, shall render such owner or operator subject to a penalty of One ($1.00) Dollar, provided such payment shall have been - 5 - LOOZE & KINNE ATTORNEYS 3' W. ELM STREET N '4RY. ILLINOIS made as provided within a period of two (2) weeks after notice of such viola. tion and assessment of additional fine shall have been mailed to the owner or operator at hies last known address. Failure to make such payment of One (3-1.00) Dollar within the period of two (2) weeks thereafter, shall render such owner or operator subject to the penalties hereinafter provided. 3 5.2& VIOLATION. Any person who shall violate any of the provisions of this ordinance, rind any person who aids, abets or assists therein, shall, upon conviction thereof by the Police Magistrate, be subject to a fine of not to exceed more than One Hundred ($100) Dollars for each offense or violation, or be imprisoned for a term not exceeding ten (10) days in the County Jail or in any place provided by the municipality for the detention of prisoners, or both. 36. sT. USE OF FUNDS. The coins required to be deposited in parking meters as provided herein are hereby levied and assessed as fees to provide for the proper regulation and control of traffic upon the public streets, and also the cost of supervision and regulation of the parking of vehicles in the parking meter zones created hereby, and to cover the cost of the purchasing, leasing, acquiring, installation, operation, maintenance, supervision, regula- tion and control of the parking meters described herein. 37. W COLLECTION. The Board of Local Improvements shall designate such collectors and methods as are necessary to properly collect all coins deposited in the meter boxes. Such collectors shall be only such employees as are now or hereafter duly bonded in a sum not less than One Thousand ($1,000) Dollars, for the faithful performance of their duties. All money so collected shall be deposited with the collector of the City, provided, how- ever, a separate fund (or accounting) shall be maintained at all times of such money so deposited. 38. R& DEPOSITS. All penalty fees collected by the City Clerk, shall be deposited with Ithe Treasurer of said City and credited to the general fund. ARTICLE IV Parking Rules 3 9. A& STOPPING, STANDING, or PARKING PROHIBITED. No signs required. a. No person shall stop, stand, or park a vehicle, except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or traffic -control device, in any of the following places: (1) On a sidewalk; (2) In front of a public or private driveway; (3) Within an intersection; (4) Within 15 feet of a fire hydrant; (5) On a cross walk; (6) Within 20 feet of a cross walk at an intersection; (7) Within 30 feet upon the approach to any flashing beacon, stop sign, or traffic -control signal located at the side of a roadway; (8) Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless the city traffic engineer has indicated a different length by signs or markings; (9) Within 50 feet of the nearest rail of a railroad crossing; (10) Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of said entrance ( when properly signposted) ; (11) Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic; (1-2) On a roadway side of any vehicle stopped or parked at the edge or curb of a street; (13) Upon any bridge or other elevated structure upon a highway or within a highway tunnel; (14) All any place where official signs prohibit stopping. b. No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such distance as is unlawful. 4 0. 4y, PARKING NOT TO OBSTRUCT TRAFFIC. No person shall park any vehicle upon a street, other than an alley, in such a manner or under such conditions as to leave available less than 10 feet of the width of the roadway for free movement of vehicular traffic. - 6 - LOOZE & KINNE ATTORNEYS 3e- W. ELM STREET M, RY, ILLINOIS PA.RA�LLI PA1tKING. t s'na l be illegal to park in any other manner except parallel to the right-of-way line of Illinois State Route 120 (Elm Street) from its inter- section with Illinois State Route 31 on the West, to its intersection with the right-of-way of the Chicago and Northwestern Railroad, and it shall be illegal to park in any other manner than parallel along Illinois Route 31 (Front Street) from its intersection with Illinois State Route 120 (Elm Street) Southerly to the intersection wit;a the North line of Sohn Street. 42. PARKING IN ALLEYS. No person shall park a vehicle within an alley in such. a manner or under such conditions as to leave available less than 10 feet of the width of the roadway for the free movement of vehicular traffic, and no person shall stop, stand, or park a vehicle within an alley, in such position as to block the driveway entrance to any abutting property. 43. ALL-NIGHT PARKING PROHIBITED. To make possible the clean- ing of streets and the removal of snow and ice during the winter months, it shall be unlawful to park any motor vehicle in or upon any street within the corporate limits of the city, between the hours of 2:00 a.m. and 6:00 a.m. at any time; except that thirty (30) minute parking shall be permitted on a temporary basis between such hours. REMOVAL 01' PARKED VE1IICLE. 44./ ,-a __ Any motor vehicle parked in violation of Section 43 which, at the discretion of the Chief of Police or Superintendent of Public Works should be removed to permit adequate snow removal, shall be towed away upon the direction of any Police Officer or the Superintendent of Public Works, and the owner of said vehicle shall be liable for such costa as are incurred in satisfactory removal of the vehicle and for such storage charges, if any, as shall thereafter accrue, in addition to the penalty established for violation of Section 43. 45. 30L PARKING FOR CERTAIN PURPOSES PROHIBITED. No person shall park: a vehicle upon any roadway for the principal purpose of: a. Displaying such vehicle for sale. b. Washing, greasing, or repairing such vehicle except repairs necessitated by an emergency. 46. A&. PARKING ADJACENT TO SCHOOLS. a. The Superintendent of Public Works is hereby authorized to erect signs indicating no parking upon either or both sides of any street adjacent to any school property when such parking would, in his opinion, interfere with traffic or create a hazardous situation. b. When official signs are erected indicating no parking upon either side of a street adjacent to any school property as authorized herein, no person shall park a vehicle in any such designated place. 47. 3Q$. PARKING PROHIBITED ON NARROW STREETS. _ a. The Superintendent of Public Works is hereby authorized to erect signs indicating no parking upon any street when the width of the roadway does not exceed 20 feet, or- upon one side of a street as indicated by such signs when the width of the roadway does not exceed 30 feet. b. When official signs prohibiting parking are erected upon narrow streets as, authorized herein, no person shall park a vehicle upon any such street in violation of any such sign. 48. 3M NO STOPPING, STANDING, OR PARKING NEAR HAZARDOUS OR CONGESTED PLACES. a. The Superintendent of Public Works is hereby authorized to determine and designate by proper signs places not exceeding 100 feet in length in which the stopping, standing, or parking of vehicles would create an especially hazardous condil ion or would cause unusual delay to traffic. b. When official signs are erected at hazardous or congested places as au- thorized herein no person shall stop, stand, or park a vehicle in any such designated place. - 7 - LOOZE & KINNE ATTORNEYS 3431 W. ELM STREET MCH-NRY, ILLINOIS 49, 4dk TRUCK PARKING REGULATIONS. It shall be unlawful for any vehicle of the second class as defined in paragraph 1-c of Article I of Chap- ter 13 of this code, which shall carry, or be required to carry, State of Illi- nois license classification of "C" or over, to park or to load or unload on those portions of the public streets of the City of McHenry as are hereinafter set forth and described, on any day between the hours of 11:00 a.m. and twelve midnight: a. Main Street from the Easterly line of the Chicago and Northwestern Railroad property to the Westerly line of Front Street. �lx>�ac(:3rra K Riverside Drive from the Northerly line of Elm Street to the Southerly line of Pearl Street. It shall also -be unlawful for any vehicle of the second class as defined in paragraph 1-c of Article I of Chapter 13 of this Code, which shall carry, or be required to carry, State of Illinois license application of "C" or over, to park or unload, at any time, on Green Street, from the Southerly line of Elm Street to the Northerly line of the Green Street Bridge. 5 0, A* PARKING IN RESIDENTIAL AREAS. No motor vehicle of any class shall be permitted to park for a period of longer than two hours be- tween the hours of 8:00 a.m. and 6:00 p.m. daily, except Sundays, upon the following designated streets: a. Front Street between Waukegan Road and John Street. b. Green Street from the Northerly end of the United States Post Office property to the Southerly line of Pearl Street. c. Riverside Drive from the Northerly line of Pearl Street to the Southerly line of Broad SI reet. d, Pearl Street from the Westerly line of Riverside Drive to the Easterly line of Park Street. e. Green Street from the Northerly end of the Bridge to the Northerly line of John Street. 51, VIOLATION TICKETS, For the purpose of enforcing the provisions of this Article and for the convenience of the citizens of the City, there shall be a violation ticket in the words and manner as follows: No. Date A. M. Time P. M. License No. State Make of Vehicle Meter No. Officer 1. Overparked. Parking Meter $ .25 2. Overparked. (One) (Two) Hour Zone $2. 00 3. Double Parked $2.00 d. 13us Stop or Loading Zone $2. 00 5. Parkcd at Fire Plug $2. 00 b. Blocking Driveway $2. 00 7. Parked in Violation of Sign or Zone $2. 00 8. Im, roper Parking $2. 00 9. Parked, 2:00 A. M. to 6:00 A. M. $2. 00 10. Other $ 2. 00 Name Address City State i i DISPOSITION By _.__ CITY OF McHENRY. ILLINOIS The said violation notice shall be utilized by the Police Department of this City in notifying offenders under this Article, and the placing of said violation ticket under the p windshield wiper of the offending vehicle, or by personally # handing same to the operator of the vehicle, or by affixing to the door handle of the vehicle. shall be considered adequate service and the offender shall become liable therafor for the payment of the penalty as Specified and in the manner and at the time as specified on the said violation warrant. 52. 4". LEAVING UNATTENDED VEHICLES. No person driving or in charge of a motor vehicle shall t permit it: to stand unattended in any public place without first stopping the engine, locking the ignition„ removing the ignition key from the vehicle, and, when standing upon any grade, turning the front: wheels to the curb or side of the roadway. 4x (a), . ACTION BY POLICE OFFICER. Whenever any police officer shall find a motor vehicle standing unattended with the ignition key in the vehicle, in violation of this section, such police officer is P authorized to remove such key from such vehicle and to deliver such key to the police officer in charge of the City police station, City Hall, 1111 N. Green Street. (b) . PRESIAAPTION. The registered owner of a vehicle found in violation of this section shall be held prima facie responsible for any such violation. ARTICLE V Loading or Unloading Only 5 3. 9*. SUPERINTENDENT OF PUBLIC WORKS TO DESIGNATE CURB 1-OADING ZONES. The Superintendent of Public Works is hereby authorized to determine the location of passenger and freight curb loading zones and shall place and maintain appropriate signs indicating the same and stating LOOZE & KINNE the hours during which the provisions of this section are applicable. ATTORNEYS 3431 W. ELM STREET MCI 'RY. ILLINOIS -9- LOOZE & KINNE ATTORNEYS 3431 W. ELM STREET Mr' 'IRY, IL.LINOIS 54. )Ek. STANDING IN PASSENGER CURB LOADING ZONE. No person shall stop, stand, or park a vehicle for any purpose or period of tilne other than for the expeditious loading or unloading of passengers in any place A marked as a passenger curb loading zone during hours when the regulations applicable to such curb loading zone are effective, and then only for a period N not to exceed three minutes. 5 5. 159. STANDING IN FREIGHT CURB LOADING ZONE. No person shall stop, stand, or park a vehicle for any purpose or length of time other than of the expeditious unloading and delivery or pick-up and loading of materials in any place marked as a freight curb loading zone during hours when the provisions applicable to such zones are in effect. In no case shall the stop for loading and unloading of materials exceed 30 minutes. 56. gX SUPERINTENDENT OF PUBLIC WORKS TO DESIGNATE PUB- LIC CARRIER STOPS AND STANDS. The Superintendent of Public Works is hereby authorized and required to establish bus stops, bus stands, taxicab stands and stands for other passenger common -carrier motor vehicles on such public streets in such places and in such number as he shall determine to be of the greatest benefit and convenience to the public, and every such bus stop, bus stand, taxicab stand, or other stand shall be designated by appropriate signs. 57. _t* STOPPING, STANDING, AND PARKING OF BUSSES AND TAXI- CABS REGULATED. a. The operator of a bus shall not stand or park such vehicle upon any street at any place other than at a bus stand so designated as provided herein. b. The operator of a bus shall not stop such vehicle upon any street at any place for the purpose of loading or unloading passengers or their baggage other than at a bus stop, bus stand, or passenger loading zone so designated as provided herein, except in case of an emergency. c. The operator of a bus shall enter a bus stop, bus stand, or passenger loading zone on a public street in such a manner that the bus when stopped to load or unload passengers or baggage shall be in a position with the right front wheel of such vehicle not farther than 18 inches from the curb and the bus approximately parallel to the curb, so as not to unduly impede the move- ment of other vehicular traffic. d. The operator of a taxicab shall not stand or park such vehicle upon any street at any place other than in a taxicab stand so designated as provided herein. This provision shall not prevent the operator of a taxicab from tempo- rarily stopping in accordance with other stopping or parking regulations at any place for thE' purpose of and while actually engaged in the expeditious loading or unloading; of passengers. 5 8. -155. RESTRICTED USE OF BUS AND TAXICAB STANDS. No person shall stop, stand, or park a vehicle other than a bus in a bus stop, (or other than a hackney in a hackney stand), or other than a taxicab in a taxicab stand when any such stop has been officially designated and appropriately signed, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or unload- ing passengers when such stopping does not interfere with any bus, (hack- ney), or taxicab waiting to enter or about to enter such zone. ARTICLE VI Obedience to and Effect of Traffic Laws 59. AUTHORITY OF POLICE AND FIRE DEPARTMENT OFFICALS. a. It shall be the duty of the officers of the police department or such officers .is are assigned by the Chief of Police to enforce all street traffic laws of this City and all of the State vehicle laws applicable to street traffic in this City. b. Officers of the police department or such officers as are assigned by the Chief of Police are hereby authorized to direct all traffic by voice, hand, or signal in conformance with traffic laws, provided 10 - LOOZE & KINNE ATTORNEYS 3431 W. ELM STREET Mc' -TRY. ILLINOIS that, in the event of a fire or other emergency, or to expedite traffic or to safeguard pedestrians, officers of the police department may direct traffic as conditions may require notwithstanding the provisions of the traffic laws. c. Officers of the fire department, when at the scene of a fire, may direct or assist the police in directing traffic thereat or in the immediate vicinity. 60. REQUIRED OBEDIENCE TO TRAFFIC LAWS. It is unlawful and, unless otherwise declared in this article with respect to particular offenses, it is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this article. 61. OBEDIENCE TO POLICE OFFICERS. No person shall wilfully fail or :refuse to comply with any lawful order or direction of an police officer invested by law with authority to direct, control, or regulate traffic. 62. FLEEING OR ATTEMPTING TO ELUDE POLICE OFFICERS. It shall be unlawful for any driver or operator of a motor vehicle who, having been given a visual or audible signal by a peace officer directing; such driver or operator to bring his vehicle to a stop, wilfully fails or refuses to obey such direction, increases his speed, extinguishes his lights, or otherwise flees or attempts to elude an officer. 63. PUBLIC OFFICERS AND EMPLOYEES TO OBEY ACT -- EXCE:PTIONS. (a) The provisions of this Article applicable to the driversof vehicles upon the highways, streets or roads shall apply to the drivers of all vehicles owned or operated by the United States, this State or any county, city, town, district or any other political subdivision of the State, except as provided in this section and subject to such specific exceptions as set forth in this article with reference to authorized emergency vehicles. (b) The dirver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon return- ing from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions herein stated. (c) The driver of an authorized emergency vehicle may: 1. Park or stand, irrespective of the provisions of this article. 2. Proceed past a red or stop signal or stop sign, but only after slowing down as may be required and necessary for safe operation. 3. Exceed the maximum speed limits so long as he does not endanger life or property. 4. Disregard regulations governing direction of movement or turning in specified directions. LOOZE & KINNE ATTORNEYS 3431 W. ELM STREET Mc"-NRY. ILLINOIS (d) The exceptions herein granted to an authorized emer- gency vehicle, other than a police vehilcle, shall apply only when the vehicle is making use of either an audible signal when in motion or visual signals meeting the requirements of the statutes. Si (e) The foregoing provi )ns do not relieve the driver of an authorized emergency vehicle from the duty of driving with due regard for the safety of all persons, nor do such provisions protect the driver from the consequences of his reckless disregard for the safety of others 64. OPERATION OF VEHICLES ON APPROACH OF AUTHORIZED EMERGENCY VEHICLES. Upon the immediate approach of an authorized emergency vehicle equipped with at least one lighted lamp exhibiting red light visible under normal atomospheric conditions from a distance of 500 feet to the front of such vehicle other than a police vehicle when operated as an authorized emergency vehicle, and when the driver is giving audible signal by siren, the driver of every other vehicle shall yield the right of way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except •when otherwise directed by a police officer. 65. TRAFFIC LAWS APPLY TO PERSONS RIDING BICYCLE OR ANIMALS O.R. DRIVING ANIMAL -DRAWN VEHICLES. Every person riding; a bicycle or an animal or driving any animal drawing a vehicle upon ,a roadway shall be subject to the provisions of this article appli- cable to the driver of a vehicle, except those provisions of this article which by their nature can have no application. 66. OBEDIENCE TO TRAFFIC -CONTROL DEVICES. (a) No driver of a vehicle shall disobey the instructions of any official traffic -control device placed in accordance with the provi- sions of this article, unless at the time otherwise directed by a police officer. (b) It shall be unlawful for any person to leave the roadway and travel across private property to avoid an official traffic -control device. (c) No provision of this article for which signs are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official sign is not in proper position and sufficiently legible to be seen by an ordinarily observant person. When- ever a particular section does not state that signs are required, such section shall be effective even though no signs are erected or in place. 67. OBEDIENCE TO TRAFFIC -CONTROL SIGNALS. The driver of any vehicle shall obey the instructions of any official traffic control device applicable thereto placed in accordance with the traffic ordinances of this City or through the authority of the State of Illinois, and when such traffic control device shall exhibit different colored lights successively, one at a time, or with lighted green arrows, the following colors shall be used and shall indicate and apply to drivers of vehicles and pedestrians as follows; - 12 - LOOZE & KINNE ATTORNEYS 3431 W. ELM STREET Mc, -NRY, ILLINOIS (a) Circular green (alone). 1. Vehicular traffic facing the signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn. But vehicular traffic shall yield the right-of- way to other vehicles and to pedestrians lawfully within the intersection at the time such signal is exhibited. 2. Pedestrians facing the signal may proceed across the roadway within any marked or un- marked crosswalk unless directed otherwise by a pedestrian signal as provided in section 68 of this article. (b) Steady yellow. 1. Vehicular traffic facing a steady yellow signal is thereby warned that the related green move- ment is being terminated or that a red indication will be exhibited immediately thereafter when vehicular traffic may not enter the intersection. 2,. Pedestrians facing a steady yellow signal unless otherwise directed by a pedestrian control signal, as provided in section 68 of this article, are thereby advised that there is insufficient time to cross the roadway, and no pedestrian shall start to cross. (c) Steady red indication, 1. Vehicular traffic facing a steady red signal alone must stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of an intersection, or if none, then before entering the intersection, and shall remain standing until an indication to proceed is shown except as provided in paragraphs (c) 2 and (c) 1 of this section. 2. When a sign is in place permitting a turn, vehicular traffic facing a steady red signal may cautiously enter the intersection to make the turn indicated by such sign after stopping as required by paragraph (c) 1 of this section. Such vehicular traffic shall yield the right-of- way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection. 3. No pedestrian facing such signal shall enter the roadway unless he can do so safely without interfering with any vehicular traffic or unless a separate "Walk" indication is shown. - 13 - LOOZE & KINNE ATTORNEYS 3431 W. ELM STREET M, NRY. ILLINOIS (d) Green straight -through arrow (alone). 1. Vehicular traffic facing the signal may proceed straight through, but shall not turn right or left. Such vehicular traffic shall yield the right-of-way to other vehicles and to pedestrians legally within the intersection at the time such signal is exhibited. 2. Pedestrians facing the signal may proceed across the roadway within the appropriate marked or unmarked crosswalk unless directed otherwise by a pedestrian signal as provided in section 68 of this article. (e) Green turn arrow (with circular green, with steady yellow, with steady red, or with green straight -through arrow). 1. Vehicular traffic facing the signal shall comply with the meaning of the circular green, steady yellow, steady red, or green straight -through arrow indication as if it were shown alone, except that such vehicular traffic may cau- tiously enter the intersection to make the movement indicated by the green turn arrow. Vehicular traffic shall yield the right-of-way to pedestrians lawfully within a crosswalk and to other traffic lawfully using the inter- section. 2. Pedestrians facing such signal shall comply with the meaning of the circular green, steady yellow, steady red, or straight -through arrow indication as if it were shown alone, unless directed otherwise by a pedestrian signal as provided in section 68 of this article. 68. PEDESTRIAN CONTROL SIGNALS. Whenever special pedestrian control signals exhibiting the words "Walk" or "Don't Walk" are in -place such signals shall indicate as follows: (a) WALK. While the "Walk" indication is illuminated, pedestrians facing such signal may proceed across the roadway in the direction of the signal, and shall be given the right-of-way by the drivers of all vehicles. (b) DON'T WALK. While the "Don't Walk" indication is illuminated, either steady or flashing, no pedestrian shall start to cross the roadway in the direction of the signal, but any pedestrian who has partly completed his crossing during the "Walk" indication shall proceed to a sidewalk, or to a safety island if one is provided. - 14 - LOOZE & KINNE ATTORNEYS 3431 W. ELM STREET Mc'-;:NRY, ILLINOIS 69. FLASHING SIGNALS. Whenever an illuminated flashing red or yellow signal is used in conjunction with a traffic control device it shall require obedience by vehicular traffic as follows: 1. Flashing red (stop signal). When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then at a point nearest the inter- secting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign. 2. Flashing yellow (caution signal). When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may pro- ceed through the intersection or past such signal only with caution. 70. DISPLAY OF UNAUTHORIZED SIGNS, SIGNALS, MARKINGS, OR ADVERTISING SIGNS. (a) No person shall place, maintain or display upon or in view of any highway, street or road any unauthorized sign, signal, marking, or device which purports to be or is an imitation of or resemble an official traffic- control device or railroad sign or signal, on which attempts to direct the movement of traffic, nor shall any person place, maintain or displZLy upon or in view of any highway, street or road any other sign which hides from view or interferes with the movement of traffic or the effectiveness of any traffic control device or any railroad sign or signal, (b) No person may place or maintain nor may any public authority permit upon any highway, street or road any traffic sign or signal bearing thereon any commercial advertising. (c) Every such prohibited sign, signal or marking is a public nuisance and the imitate of Illinois, having jurisdiction over state highways, and the City, having jurisdiction over all other roads and streets, shall remove the same, or cause it to be removed, without notice. 71. INTERFERENCE WITH OFFICIAL TRAFFIC -CONTROL DEVICES OR RAILROAD SIGNS OR SIGNALS. No person shall without lawful authority attempt to or in fact alter, deface, injure, knock down, or remove any official traffic -control device, or any railroad sign or signal or any inscription, shield, or insignia thereon, or any other part thereof. 72. UNLAWFUL USE OR DAMAGE TO HIGHWAYS, STREETS ROADS, APPURTENANCES AND STRUCTURES. It shall be unlawful for any person to wilfully injure or damage any public highway or street or road or any bridge, culvert, sign, signpost, or structure upon or used or constructed in connection with any public highway or street or road for the protection thereof or for protection or regulation, of traffic thereon by any wilfully unusual, improper or unreasonable use thereof, or by wilfully careless driving or use of any vehicle thereon, or by wilfully mutilation, defacing or destruction thereof. - 15 - LOOZE & KINNE ATTORNEYS 3431 W. ELM STREET McF'-NRY, ILLINOIS ARTICLE VII Drivers 73. LIQUOR OR DRUGS. (a) No person who is under the influence of intoxicating liquor may drive or be in actual physical control of any vehicle within this State. (b) No person who is an habitual user of or under the influ- ence of any narcotic drug who is under the influence of any other drug to a degree which renders him incapable of safely driving a vehicle may drive or be in actual physical control of any vehicle within this State. The fact that a person charged with a violation of this section is or has been entitled to use such drug under the laws of this State does not con- stitue a defense against any charge of violation of this section. (c) Upon the trial of any action or proceeding arising out of facts alleged to have been committed by any person while driving or in actual physical control of a vehicle while under the influence of intoxi- cating liquor, evidence of the amount of alcohol in the person's blood at the time of the act alleged as shown by a chemical analysis of his breath, blood, urine, saliva or other bodily substance is admissible, as pro- vided hereinafter in this paragraph and the result of any such analysis shall give rise to the following presumptions: 1. If there was at the time of such analysis 0. 05 percent or less by weight of alcohol in the person's blood, it shall be presumed that the person was not under the influence of intoxicating liquor. 2. If there was at the time of such analysis in excess of 0. 05 percent but less than 0. 10 percent by weight of alcohol in the person's blood, such fact shall not give rise to any presumption that the person was or was not under the influence of intoxicating liquor, but such fact may be con- sidered with other competent evidence in determining whether such person was under the influence of intoxicating liquor. 3. If there was at the time of such analysis 0. 10 percent or more by weight of alcohol in the person's blood, it shall be presumed that the person was under the influence of intoxicating liquor. Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per 100 cubic centimeters of blood. Evidence based upon a chemical analysis of blood, urine, breath, or other bodily substance, shall not be admitted unless such substance was procured and such analysis made with the consent of the person whose bodily substance was so analyzed. - 16 - LOOZE & KINNE ATTORNEYS 3431 W. ELM STREET M,' NRY. ILLINOIS The foregoing provisions of this paragraph shall not be con- strued as limiting the introduction of any other competent evidences bearing upon the question whether or not the defendant was under the influence of intoxicating liquor. 74. TESTING TECHNIQUES. Any testing technique, method, or analysis, shall be made by the City in full compliance with the regu- lations appertaining thereto as are set forth in the pertinent section of the statutes of the State of Illinois. 75. TRANSPORTATION OF ALCOHOLIC LIQUOR. No person shall transport, carry, possess or have any alcoholic liquor in or upon or about aLny motor vehicle except in the original package and with the seal unbroken, 76. RECKLESS DRIVING. Any person who drives any vehicle with a willful or wanton disregard for the safety of persons or property is guilty of reckless driving. 77. DRAG RACING. "Drag racing" means the act of two or more individuals competing or racing on any highway, street or road in this City in a situation in which one of the motor vehicles is to the side or to the rear of a motor vehicle operated by a competing driver and the one driver attempts to prevent the competing driver from passing or overtaking him, either by acceleration or maneuver, or one or more individuals competing in a race against time on any highway, street or road within the City. It is unlawful to drag race. ARTICLE VIII Speed Regulations 78. SPEED RESTRICTIONS. (a) State Routes. The maximum speed limit is hereby established at thirty (30) miles per hour on Illinois State Routes Number 120 and 31, through their entire traverse of the corporate limits of the City. (b) Business Districts. The maximum speed limit is hereby established at twenty (20) miles per hour on the following streets: Riverside Drive from Broad Street to Boone Creek. Main Street from Crystal Lake Road to Front Street. Green Street from Pearl Street to Waukegan Road. Crystal Lake Road from Elm Street to Mill Street. (c) Other Districts. The maximum speed limit is hereby established at twenty-five (25) miles per hour in all other areas within the City limits. (d) The fact that the speed of a vehicle is lower than the foregoing limits shall not relieve the driver from the duty to decrease - 17 - LOOZE & KINNE ATTORNEYS 3431 W. ELM STREET Mc, '1RY. ILLINOIS speed when approaching and crossing an intersection, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, or when special hazards exist with respect to pedestrians or other traffic or by reason of weather or highway conditions, and speed shall be decreased as may be necessary to avoid colliding with any person or vehicle, or on entering a street in compliance with legal requirements and the duty of all persons to use due care. (e) The speed of all vehicles of the second division (designed and used for pulling or carrying freight or for the carrying of more than seven persons) shall always be reasonable and safe and be governed, as near as may be, by the general requirements of paragraphs (a), (b), (c) and (d) of this section, but such speed shall not exceed the folbwing: If equipped with pneumatic tires, 35 miles per hour; if equipped with two or more solid rubber tires, 10 miles per hour. (f) No person shall drive a motor vehicle at a speed in excess of 20 miles per hour while passing a school zone or while traveling upon any public thoroughfare on or across which children pass along to and from school during school days when school children are present. Pro- vided, however, such special speed limit warnings shall be evidenced by an appropriate and posted signs. (g) The enforcement and imposition of the speed regulations as established in this paragraph shall be accomplished through the use of certified speedometer checks in police vehicle equipment and electronic devices, including, but not limited to, radar speed check. When any electronic device is utilized in establishing the rate of travel of any vehicle, such device, or devices, shall not be used within 500 feet beyond any sign designating an official maximum speed, in the direction of travel. ARTICLE IX Driving on Right Side of Roadway, Overtaking and Passing, etc. 79. DRIVE ON RIGHT SIDE OF ROADWAY --EXCEPTIONS. (a) Upon all roadways of sufficient width a vehicle shall be driven upon the r1ght half of the roadway, except as follows: 1. When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movements. 2. When an obstruction exists making it necessary to drive to the left of the center of the highway, street or road; provided, any person so doing shall yield the right-of-way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such distance as to constitute an immediate hazard. i LOOZE & KINNE ATTORNEYS 3431 W. ELM STREET MCP'NRY, ILLINOIS 3. Upon a roadway divided into three marked lanes for traffic under the rules applicable thereon. 4. Upon a roadway restricted to one way traffic. (b) Uppon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane available for traffic, or as close as practicable to the right hand curb or edge of the roadway, except ,when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway. 80. PASSING VEHICLES PROCEEDING IN OPPOSITE DIRECTIONS. Drivers of vehicles proceeding in opposite directions, except as provided in section 79, shall pass each other to the right and upon roadways having width for not more than one line of traffic in each direction each driver shall give to the other at least one-half of the main traveled portion of the roadway as nearly as possible. 81. OVERTAKING A VEHICLE ON THE LEFT. The follow- ing rules govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules otherwise stated in this article: (a) The driver of a vehicle overtaking another vehicle pro- ceeding; in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. In no event shall such movement be made by driving off the pavement or the main traveled portion of the roadway. (b) Except when overtaking and passing on the right is per- mitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle. (c) The driver of a 2-wheeled vehicle may not, in passing upon the left of any vehicle proceeding in the same direction, pass upon the right of any vehicle proceeding in the same direction unless there is an unobstructed lane of traffic available to permit such passing maneuver s of ely. 82. WHEN OVERTAKING ON THE RIGHT IS PERMITTED. (a) The driver of a vehicle with 3 or more wheels may over- take and pass upon the right of another vehicle only under the following conditions: 1. When the vehicle overtaken is making or about to make a left turn. 2. Upon a street or highway with unobstructed pavement not occupied by parked vehicles of sufficient width for 2 or more lines of moving vehicles in each direction, - 19 - LOOZE & KINNE ATTORNEYS 3431 W. ELM STREET McP-NRY. ILLINOIS 3. Upon a one-way street, or upon any roadway ion which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for 2 or more lines of moving vehicles. (b) The driver of a 2 wheeled vehicle may not pass upon the right of any other vehicle proceeding in the same direction unless the unobstructed pavement to the right of the vehicle being passed is of a width of not less than 8 feet. (c) The driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. In no event shall such movement be made by driving off the pavement or main -traveled portion of the roadway. 83. LIMITATIONS ON OVERTAKING ON THE LEFT. No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless authorized by the provisions of this article and unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approach- ing from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to an authorized lane of travel as soon as practicable and in the event the passing movement involves the use of a lane authorized for vehicles approaching from the opposite direction, before coming within 200 feet of any vehicle approaching from the oppo- site direction. 84. FURTHER LIMITATIONS ON DRIVING TO THE LEFT OF CENTER OF ROADWAY. (a) No vehicle may, in overtaking and passing another vehicl be driven to the left side of the roadway under the following conditions: 1. When approaching or upon the crest of a grade or a curve in the highway where the driver's view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction. 2. When approaching within 100 feet of or travers- ing any intersection or railroad grade crossing. (b) The limitations in sub -paragraphs 1 and 2 do not apply upon a one-way roadway nor upon a roadway with unobstructed pavement o sufficient width for 2 or more lanes of moving traffic in each direction nor to the driver of a vehicle turning left into or from an alley, private road, or driveway when. such movements can be made with safety. 85. ONE-WAY ROADWAYS AND ROTARY TRAFFIC ISLAN One-way roadways and rotary traffic islands may be designated by the City on any highway, roadway, part of a roadway or specific lanes upon - 20 - LOOZE & KINNE ATTORNEYS 3431 W. ELM STREET MCH�NRY. ILLINOIS which vehicular traffic shall proceed in one direction at all or such times as shall be indicated by official traffic control devices. (a) Upon a roadway so designated for one-way traffic, a vehicle shall be driven only in the direction designated at all or such times as shall be indicated by official traffic control devices. (b) A, vehicle passing around a rotary traffic island must be driven only to the: right of such island. 86. _DRIVING ON ROADWAYS LANED FOR TRAFFIC. When• ever any roadway has been divided into 2 or more clearl y marked lanes for traffic the following rules in addition to all others consistent here- with shall apply. (a) A vehicle shall be driven as nearly as practicable entire- ly within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety. (b) Upon a roadway which is divided into 3 lanes and pro- vides for two-way movement of traffic, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle traveling in the same direction when such center lane is clear of traffic within a safe distance, or in preparation for making a left turn or where such center lane is at the time allocated exclusively to traffic moving in the same direction that the vehicle is proceeding and such allocation is designated by official traffic control devices. (c) Offical traffic control devices may be erected directing specific traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway and drivers of vehicles shall obey the directions of every such sign. (d) Official traffic control devices may be installed prohibit- ing the changing of lanes on sections of roadway and drivers of vehicles shall obey the directions of every such device. 87. FOLLOWING TOO CLOSELY. (a) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway. (b) The driver of any motor vehicle of the second division or motor vehicle drawing another vehicle when traveling upon a roadway outside of a business or residence district shall not follow within 300 feet of another motor vehicle of the second division or motor vehicle drawing another vehicle. The provisions of this subdivision shall not be construed to prevent overtaking and passing nor shall the same apply upon any lane specially designated for use by motor vehicles of the second division„ - 21 - LOOZE & KINNE ATTORNEYS 3431 W. ELM STREET McP-NRY. ILLINOIS (c) Motor vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade whether or not towing other vehicles shall be so operated as to allow sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy such space without danger. This pro- vision shall not apply to funeral processions. ARTICLE X Turning and Starting and Signals on Stopping and Turning 88. REQUIRED POSITION AND METHOD OF TURNING AT INTERSECTIONS. The driver of a vehicle intending to turn at an inter- section shall do :so as follows: (a) Both the approach for a right turn and a right turn shall be made as close as practical to the right-hand curb or edge of the road- way. (b) The driver of a vehicle intending to turn left at any inter- section shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle, and after entering the intersection, the left turn shall be made so as to leave the intersection in a lane lawfully available to traffic moving in such direction upon the roadway being entered. Whenever practicable the left turn shall be made in that portion of the intersection to the left of the center of the intersection. (c) it shall be unlawful to violate or disregard any official temporary traffic control device which may be placed within or adjacent to intersections which may require and direct that a different course from that specified in this article be traveled by vehicles turning at an intersection. 89. TURNING ON CURVE OR CREST OF GRADE PRO- HIBTED. No vehicle shall be turned so as to proceed in the opposite direction upon any curve, or upon the approach to, or near the crest of a grade, where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within 500 feet. 90. STARTING PARKED VEHICLE. No person shall start a vehicle which is stopped, standing, or parked unless and until such movement can be made with reasonable safety. 91. WHEN SIGNAL REQUIRED. (a) No person may turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required in Section 88 or turn a vehicle to enter a private road or driveway, or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety. No person may so turn any vehicle without giving an appropriate signal in the manner hereinafter provided. -22- LOOZE & KINNE ATTORNEYS 3431 W. ELM STREET McN�NRY, ILLINOIS (b) A signal of intention to turn right or left when required must be given continuously during not less than the last 100 feet traveled by the vehicle before turning within a business or residence district, and such signal must be given continuously during not less than the last 200 feet traveled by the vehicle before turning outside a business or resi- dence district. (c) No person may stop or suddenly decrease the speed of a vehicle without f:Lrst giving an appropriate signal in the manner provided in this article to the driver of any vehicle immediately to the rear when there is opportunity to give such a signal. (d) The electric turn signal device must be used to indicate an intention to turn, change lanes or start from a parallel parked posi- tion but must not be flashed on one side only on a parked or disabled vehicle or flashed as a courtesy or "do pass" signal to operators of other vehicles approaching from the rear. ARTICLE XI Right -of -Way 92. VEHICLES APPROACHING OR ENTERING INTER- SECTION. When 2 vehicles approach or enter an intersection from different roadways at approximately the same time, the driver of the vehicle on the left must yield the right-of-way to the vehicle on the right. 93. VEHICLE TURNING LEFT. The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right-of-way to any vehicle approach- ing from the opposite direction which is so close as to constitute an immediate hazard, but said driver, having so yielded may proceed at such time as a safe interval occurs. 94. VEHICLES ENTERING STOP CROSSWALK. Where stop signs or flashing; red signals are in place at an intersection or flashing red signals are in place at a plainly marked crosswalk between inter- sections, drivers of vehicles shall stop before entering the nearest crosswalk and pedestrians within or entering the crosswalk at either edge of the roadway shall have the right-of-way over vehicles so stopped. Drivers of vehicles having so yielded the right-of-way to pedestrians en- tering or within the nearest crosswalk at an intersection shall also yield the right-of-way to pedestrians within any other crosswalk at the inter- section. 95. VEHICLE ENTERING STOP OR YIELD INTERSECTION. (a) Preferential right-of-way at an intersection may be indi- cated by stop or yield signs as authorized in Article VI of this chapter. (b) Except when directed to proceed by a police officer or traffic -control signal, every driver of a vehicle approaching a stop inter- section indicated by a stop sign shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the inter- section, or if none, then at the point nearest the intersecting roadway - 23 - where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection. After having stopped, the driver shall yield the right-of-way to any vehicle which has entered the intersection from another roadway or which is approaching so closely on the roadway as to constitute an immediate hazard during the time when the driver is moving across or within the intersection, but said driver having so yielded may proceed at such time as a safe interval occurs. (c) The driver of a vehicle approaching a yield sign shall in obedience to such sign slow down to a speed reasonable for the existing conditions and, if' required for safety to stop, shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the inter- secting roadway where the driver has a view of approaching traffic on the intersecting roadway. After slowing or stopping, the driver shall yield the right-of-way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection. (d) If a driver is involved in a collision at an intersection or interferes with the movement of other vehicles after driving past a yield right-of-way sign, such collision or interference shall be deemed prima facie evidence of the driver's failure to yield right-of-way. 96. MERGING TRAFFIC. At an intersection where traffic lanes are provided for merging traffic the driver of each vehicle on the converging roadways is required to adjust his vehicular speed and lateral position so as to avoid a collision with another vehicle. 97. VEHICLE ENTERING HIGHWAY FROM PRIVATE ROAD OR DRIVEWAY. The driver of a vehicle about to enter or cross a high- way, street or road from any alley, building, private road or driveway shall yield the right-of-way to all vehicles approaching on the highway, street or road to be entered. ARTICLE XII Pedestrians' Rights and Duties 98. PEDESTRIAN OBEDIENCE TO TRAFFIC CONTROL DEVICES AND TRAFFIC REGULATIONS. A pedestrian shall obey the instructions of any official traffic control device specifically applicable to him,, unless otherwise directed by a police officer. 99. PE:DESTRIANS' RIGHT-OF-WAY AT CROSSWALKS. (a) Where traffic control signals are not in place or in opera- tion the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection, except as otherwise provided in this Article. (b) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle. - 24 - LOOZE & KINNE ATTORNEYS 3431 W. ELM STREET MGF+ '. ILLINOIS 100. CROSSING AT OTHER THAN CROSSWALKS. (a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an inter- section shall yield the right-of-way to all vehicles upon the roadway. (b) Not -withstanding the provisions of this section every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway. 101. PEDESTRIANS SOLICITING RIDES. No person shall stanC in a roadway for the purpose of soliciting a ride from the driver of any vehicle. 101. PEDESTRIANS' RIGHT-OF-WAY ON SIDEWALKS. The driver of a vehicle emerging from or entering an alley, building, private road or driveway shall yield the right-of-way to any pedestrian approach- ing on any sidewalk or any sidewalk area extending across such alley, building entrance, road or driveway. ARTICLE XIII Miscellaneous Regulations 102. U-TURNS. The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction upon any street in a business district and shall not upon any other street so turn a vehicle unless such movement can be made in safety and without interfering with other traffic. 103. SIDEWALKS AND SAFETY ZONES. No driver of a vehicle shall drive within any sidewalk area, except at a permanent or temporar, driveway, nor into or upon any portion of a roadway marked as a safety zone. 104. DRIVING THROUGH PROCESSION. (a) No driver of a vehicle shall drive between the vehicles comprising a funeral or other authorized procession while they are in motion and when such vehicles are conspicuously designated as required in this section. This provision shall not apply at intersectionswhere traffic is controlled by traffic control signals or police officers. (b) A funeral composed of a procession of vehicles shall be identified as such by the display upon the outside of each vehicle of a pennant of a type• designated by the Police Department. (c) Each driver of a vehicle in a funeral or other procession shall drive as near the right-hand edge of the roadway as practical and follow the vehicle ahead as close as is practical and safe. 105. WHEN PERMITS REQUIRED FOR PARADES AND PRO- CESSIONS. No funeral, procession, or parade containing 200 or more - 25 - LOOZE & KINNE ATTORNEYS 3431 W. ELM STREET thcVA- '2Y. ILLINOIS persons or 50 or more vehicles, excepting the forces of the United States Army or Navy, the military forces of this State, and the forces of the police and fire departments, shall occupy, march, or proceed along any street except in accordance with a permit issued by the Chief of Police and such other regulations as are set forth herein which may apply. 106. TRAFFIC NOT TO BE OBSTRUCTED. No vehicle shall be operated or allowed to remain upon any street in such a manner as to form an unreasonable obstruction to the traffic thereon. 107. STOPPING IN INTERSECTION. No driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic control signal indication to proceed. 108. CLINGING TO MOVING VEHICLES. Any person riding Upon any bicycle, motorcycle, coaster, sled, roller skates, or any toy vehicle shall not attach the same or himself to any moving vehicle upon any roadway. No person shall ride on the running board, fender, or outside step of any vehicle. 109. RIDING ON HANDLEBARS. The operator of a motorcycle when upon a street shall not carry any other person upon the handlebar, frame or tank of any such vehicle, nor shall any person so ride upon any such vehicle. 110. THROUGH STREETS DESIGNATED. The following streets are hereby declared to be "through streets" or "arterial highways" for the purposes of this section: Elm Street, Front Street, Richmond Road, Green Street, Waukegan Road, Pearl Street, Kane Avenue, John Street, Main Street, Washington Street, Riverside Drive, and Crystal Lake Road. 111. STOP BEFORE ENTERING A THROUGH STREET. Those streets and parts of streets as designated in paragraph 110 above are declared to be through streets for the purpose of this section. Stop signs shall be erected at all intersections of all through streets with any other streets. When ,such signs are erected, the driver of a vehicle approach- ing any such stop sign shall stop as required by law. 112. ONE-WAY STREETS. Upon those streets and parts of streets where S lgns are erected and maintained indicating the direction of traffic, vehiculElr traffic shall move only in the indicated direction. 113. PARKING FOR SALE OR REPAIR. No person shall stand or park a vehicle upon any roadway for the principal purpose of displaying it for sale, or washing, greasing or repairing such vehicle, except re- pairs necessitated by an emergency. 114. USING VEHICLE FOR ADVERTISING. No person shall operate or park a vehicle on any street for the primary purpose of adver- tising. - 26 - LOOZE & KINNE ATTORNEYS 3431 W ELM STREET MCP ZY. ILLINOIS 115. UNATTENDED MOTOR VEHICLES. No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine*, locking the ignition and removing the key, or when standing upon any perceptible grade without effectively setting the brake and turning; the front wheels to the curb or side of the highway, street or road. 116. LIMITATIONS ON BACKING. (a) The driver of a vehicle shall not back the same unless such movernent can be made with safety and without interfering with other traffic., (b) The driver of a vehicle shall not back the same upon any controlled -access highway. 117. RIDING ON MOTORCYCLES. The operator of a motor- cycle shall ride only astride the permanent and regular seat or saddle attached thereto, and the operator shall not permit more than one other person to ride thereon nor shall such other person ride on the riaorcycle unless it is designed to carry 2 people, in which event the passenger shall also ride astride the permanent and regular seat or saddle if it is designed for 2 persons, or astride another seat or saddle firmly attached to the rear of the operator; however, any seat or saddle designed for a passenger must be equipped with permanent handgrips and, in addition, the motorcycle must be equipped with footrests adjusted to fit such passenger. A sidecar may be attached to a motorcycle in which additiona persons may ride. 118. SPECIAL EQUIPMENT FOR PERSONS RIDING MOTOR- CYCLES. (a) The operator of a motorcycle and every passenger thereon must wear protective headgear. The Department of Public Safety shall determine the standards for this equipment and such standards may not b less than those established by the United States Department of Transpor- tation. (b) In addition, the operator of a motorcycle and every passen- ger thereon shall be protected by glasses, goggles or a transparent shield. The Department of Public Safety shall determine the standards for this. equipment. (c) Protective headgear specified in this section that is sold or used in this State must bear a permanent distinguishing mark or stamp of approval to indicate that it meets the minimum standards. 119. REQUIRED EQUIPMENT ON MOTORCYCLES. (a) No person shall operate any motorcycle with handlebars more than 15 inches in height above that portion of the seat or saddle occupied by the operator. (b) Any motorcycle carrying a passenger, other than in a side- car or enclosed cab, shall be equipped with permanent handgrips on the seat or saddle carrying such passenger, and with footrests adjusted to fit such passenger. - 27 - LOOZE & KINNE ATTORNEYS 3431 W. ELM STREET McHl"RY. ILLINOIS 120. OBSTRUCTION OF DRIVER'S VIEW OR DRIVING MECHANISM. No person may drive a vehicle when it is so loaded, or when there are in the front seat such number of persons, as to obstruct the view of the driver to the front or sides of the vehicle or as to inter- fere with the driver's control over the driving mechanism of the vehicle. 121. OPENING VEHICLE DOORS. 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. 122. FOLLOWING FIRE APPARATUR-S PROHIBITED. The driver of any vehicle other than one on official business shall not follow any firY*q apparatus traveling in response to a fire alarm closer than 500 feet or drive into or park such vehicle within the block where fire appara- tus has stopped In answer to a fire alarm. 123. CROSSING FIRE HOSE. No vehicle shall be driven over any unprotected hose of a fire department when laid down on any street, private road or driveway to be used at any fire or alarm of fire, without the consent of the fire department official in command. 124. PUTTING GLASS, ETC., ON HIGHWAY, STREET OR ROAD PROHIBITED. (a) No person shall throw or deposit upon any highway, street or road any glass bottle, nails, tacks, wire, cans, or any other substance likely to injure any person, animal or vehicle upon such roadway. (b) Any person who drops, or permits to be dropped or thrown, upon any roadway any destructive, dangerous, hazardous or injurious material shall immediately remove the same or cause it to be removed. This subsection (b) shall not apply to implements of husbandry designed and adapted exclusively for agricultural, horticultural, or livestock rais- ing operations that may inadvertently deposit dirt or other substances upon the highway, street or road. (c) Any person removing a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance dropped upon the highway, street or road from such vehicle. 125. APPROACHING, OVERTAKING, AND PASSING SCHOOL BUS. The driver of a vehicle upon a highway, street or road upon meeting or overtaking, from either direction, any school bus which has stopped on the highway, street or road for the purpose of receiving or discharging any school children shall stop the vehicle before reaching the school bus when there is in operation the required visual signal and the driver shall not proceed until the school bus resumes motion or the driver of the vehicle is signaled by the school bus driver to proceed or the visual signal are no longer actuated. i LOOZE & KINNE ATTORNEYS 3431 W. ELM STREET MCN' 'iY, ILLINOIS 126. EQUIPMENT OF VEHICLES. It shall be unlawful for any person to drive or move, or for the owner to cause or knowingly permit to be driven or moved, on any roadway within the City, a vehicle or combination of vehicles which is in such unsafe condition as to endanger any person or property, or which does not contain those parts, or is not at all tames equipped with, such lamps and other equipment in proper condition and adjustment as are required under the provisions of Chapter 12 of Chapter 95 z of the Illinois Revised Statutes. ARTICLE XIV Regulations for Bicycles 127. RIDING ON BICYCLES. (a) A person propelling a bicycle shall not ride other than astride a permanent and regular seat attached thereto. (b) No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped. 128. RIDING ON ROADWAYS AND BICYCLE PATHS. (a) Every person operating a bicycle upon a roadway shall ride as near to the right-hand side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction. (b) Persons riding bicycles upon a roadway shall not ride more than two abreast except on paths or parts of roadways set aside for the exclusive use of bicycles. (c) Whenever a usable path for bicycles has been provided adjacent to a roadway bicycle riders shall use such path and shall not use the roadway. 129. SPEED. No person shall operate a bicycle at a speed greater than is reasonable and prudent under the conditions then existing. 130. EMERGING FROM ALLEY OR DRIVEWAY. The operator of a bicycle emerging from an alley, driveway or building, shall upon approaching a sidewalk or the sidewalk area extending across any alley- way, yield the right-of-way to all pedestrians approaching on said side- walk or sidewalk area, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on said roadway. 131. CARRYING ARTICLES. No person operating a bicycle shall carry any package, bundle, or article which prevents the rider fro keeping at least one hand upon the handle bars. 132. PARKING. No person shall park a bicycle upon a street other than upon the roadway against the curb or upon the sidewalk in a rack to support the bicycle or against a building or at the curb, in such a manner as to afford the least obstruction to pedestrian traffic. - 29 - LOOZE & KINNE ATTORNEYS 3431 W. ELM STREET MCP 'Y. ILLINOIS 133. RIDING ON SIDEWALKS. (a) No person shall ride a bicycle upon a sidewalk within a business district. (b) The Chief of Police is authorized to erect signs on any side- walk or roadway prohbiting the riding of bicycles thereon by any person and when such signs are in place no person shall disobey the same. (c) The Chief of Police is authorized to erect signs on other than business streets prohibiting riding of bicycles thereon if such practice shall be deemed dangerous. (d) Whenever any person is lawfully riding a bicycle upon a permitted sideWELIk area, such person shall yield the right-of-way to any pedestrian and shall give audible signal before overtaking and passing such pedestrian. ARTICLE XV Penalty 134. PENALTY. (a) Any person, firm or corporation violating any provision of this ordinance for which another penalty is not provided, shall be fined not less than five dollars nor more than five hundred dollars for each offense. (b) A judgment of a fine imposed upon an offender may be enforced in the same manner as a judgment entered in a civil action; provided, however, that in such judgment imposing the fine the Court may further order that upon non-payment of such fine, the offender may be imprisoned until the fine is paid or satisfied at the rate of $5. 00 per day of imprisonment; provided, further, however, that no person shall be imprisoned under the first proviso hereof for a longer period then six months. 135. ARRESTS. Any person arrested for a violation of any provision of this ordinance shall be released upon proper bail being furnished as required by law. Provided, that any arrested person may at his own request have the amount of such bail set by a magistrate, as provided by law. 136. TICKETS. For offenses other than driving while intoxi- cated or reckless driving, police officers, after making notcof the license number of the vehicle and name of the offender where possible, may issue a. traffic violation ticket notifying the offender to appear in a court at the time designated for hearing such cases. Such officer may sign a complaint for the issuance of a warrant if the offender does not appear at the time and place so specified. 137. PF',IMA FACIE PROOF. The fact that an automobile which is illegally operated or parked is registered in the name of a person shall be considered prima facie proof that such person was in control of the automobile at the time of such violation. - 30 - LOOZE & KINNE ATTORNEYS 3431 W. ELM STREET McH 'Y. ILLINOIS ARTICLE XVI Validity 138. CONFLICTING ORDINANCE. All ordinances and parts of ordinances in conflict herewith, to the extent of such conflict are hereby repealed. 139. VALIDITY, If any part or parts of this ordinance shall be held invalid for any reason whatsoever, such decision shall not affect the validity of the remaining part or parts of this ordinance. PASSED AND APPROVED this 15th day of June, 1970, Mayor ATTEST: City Clerk Voting Aye: Bolger, Hromec, Huck, Jackson, Pitzen, Rogers & Smith. Voting Nay: None. Absent: Stanek. Published this — day of June, 1970. - 31 -