This title may be known and cited as the Wilmington Traffic Code. (Ord. 636, passed 9-15-70)

“Alley.” A public way within a block generally giving access to the rear of lots or buildings and not used for general traffic circulation.
“Bicycle.” Every device propelled by human power on which any person may ride, having two tandem wheels either of which is more than 16 inches in diameter.
“Chief of police.” The chief of police of the city or his authorized representative.
“Controlled-access highway.” Every street or highway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only as may be determined by the public authority having jurisdiction over the street or highway.
“Crosswalk.” That portion of a roadway ordinarily included within the prolongation or connection of the lateral lines of sidewalks at intersections or any portion of a roadway distinctly indicated for pedestrian crossing by lines or other marking on the surface.
“Districts.” These districts do not impact the city’s zoning ordinances.
(1) “Business district.” That territory of the city contiguous to and including a highway, when within any 600 feet along the 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.
(2) “Residence district.” That territory of the city contiguous to and including a highway not comprising a business district, when the property on the highway for a distance of 300 feet or more is in the main improved with residence or residence and buildings in use for business.
(3) “Suburban district.” That portion of the city other than the business and residence districts.
(4) “Urban districts.” The territory contiguous to and including any street which is built up with structures devoted to business, industry or dwelling houses situated at intervals of less than 100 feet for a distance of one-fourth mile or more.
“Driver.” Every person who drives or is in actual physical control of a vehicle.
“Emergency vehicle.” Police vehicles, vehicles of the fire department, ambulances, vehicles carrying a state, county or municipal officer or employee in response to an emergency call, and emergency vehicles of public service corporations on an emergency call.
“Explosive.” Any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and which contains any oxidizing and combustive units or other ingredients in such proportions, quantities, or packing that an ignition by fire, friction, concussion, percussion, or by a detonator of any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructible effects on contiguous objects or of destroying life or limb.
“Flammable liquids.” Any liquid which has a flash point of 70° F. or less, as determined by tagliabue or equivalent closed cup test device.
“House car; camper.” Any motor vehicle that is originally designed or subsequently altered, equipped for human habitation, and which is not used to transport property on its own structure other than property used for human habitation or camping purposes. “Highway or street.” The entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public, as a matter of right, for the purpose of vehicular traffic.
“Improved highway.” A roadway of concrete, brick, asphalt, macadam, or gravel.
“Laned roadway.” A street, the roadway of which, is divided into 2 or more clearly marked lanes for vehicular traffic.
“Through highway.” Every highway or portion thereof the entrance to which vehicular traffic from intersecting highways is required by law to stop before entering or crossing the same and when stop signs are erected as provided in this title.
“Intersection.” The area embraced within the prolongation or connection of the lateral curve lines; or, if none, then the lateral boundary lines of the roadways of 2 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.
“Lane control signal.” An electrically controlled and illuminated signal of a square or rectangular design and employing distinctive colors or symbols used to control the direction of vehicular flow on the particular lane to which the indication applies.
“Loading zone.” The space adjacent to a curb reserved for the exclusive use of vehicles during loading or unloading of passengers or materials.
“Merging traffic.” 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 a collision with any other vehicle.
“Motorcycle.” Every motor vehicle having a saddle for the use of the rider and designed to travel with not more than 3 wheels in contact with the ground, but excluding a tractor.
“Motor vehicle.” Every vehicle which is self-propelled and not operated upon rails.
“Owner.” A person who holds the legal title of a vehicle or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be deemed the owner for the purpose of this title.
“Official traffic-control device.” All signs, signals, markings, and devices which conform with the state manual and not inconsistent with state statute or this title placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or-guiding traffic.
“Park.” To stand a vehicle, whether occupied or not, for a period of time greater than is reasonably necessary for the actual loading or unloading of persons.
“Parking meter.” A mechanical device located upon a public street or sidewalk in a place designated by the city council as a parking meter zone 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 depositing a coin therein.
“Parking meter zone.” Parking meter zones shall be such as may from time to time be established by ordinance in the areas designated by the city council where a vehicle may be temporarily parked and then be allowed to remain for the period of time indicated on the meter.
“Pedestrian.” Any person on foot.
“Police officer.” Every officer of the municipal police department or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.
“Private road or driveway.” 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.” Any real property within the city or any city property within or without the corporate limits which is not a street or highway.
“Property line.” The line marking the boundary between any street and the lots or property abutting thereon.
“Public building.” A building used by the municipality, the county, any park district, school district, the State of Illinois, or the United States Government.
“Railroad.” A carrier of persons or property upon cars, other than streetcars, operated upon stationary rails.
“Railroad sign or signal.” Any sign, signal, or device erected in accordance with the laws governing same and intended to give notice of the presence of railroad tracks or the approach of a railroad train.
“Railroad train.” A steam engine, electric, or other motive, with or without cars coupled thereto, operated upon rails.
“Reversible lane.” A lane of a 2 or more lane roadway upon which traffic may be directed to move in either direction by means of lane-control signals or other devices in conjunction with official signs.
“Right-of-way.” The right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed, and proximity as to give rise to danger of collision unless one grants precedence to the other.
“Safety zone.” The area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.
“School bus.” Every motor vehicle of the second division 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 school activities.
“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.
“Stopping or standing.” When prohibited means any stopping 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.
“Tires.”
(1) “Metal tire.” Every tire the surface of which in contact with the highway is wholly or partly of metal or other hard nonresilient material.
(2) “Pneumatic tire.” Every tire in which compressed air is designed to support the load.
(3) “Solid tire.” Every tire of rubber or other resilient material which does not depend upon compressed air for the support of the load.
“Tractors.”
(1) “Farm tractor.” Every motor vehicle designed and used primarily as a farm implement for drawing wagons, plows, mowing machines, and other implements of husbandry, and every implement of husbandry which is self-propelled.
(2) “Truck tractor.” Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
(3) “Implement of husbandry.” Every vehicle designed and adapted exclusively for agricultural, horticultural, or livestock raising operations; including farm wagons, wagon trailers, or like vehicles used in connection therewith; or for lifting or carrying an implement of husbandry. No farm wagon, wagon trailer, or like vehicle having a capacity of more than 400 bushels or gross weight of more than 30,000 pounds shall be included hereunder.
“Traffic.” Pedestrians, ridden or herded animals, vehicles, and other conveyances, whether singly or together, while using any highway for the purpose of travel.
“Traffic-control signal.” Any device, whether manually, electrically, or mechanically operated by which traffic is alternately directed to stop and to proceed.
“Trailer.” Every vehicle without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.
(1) “Semitrailer.” Every vehicle without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle, and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.
(2) “Stinger steered semitrailer.” Every semitrailer which has its kingpin on a projection to the front of the structure of the semitrailer and is combined with the fifth wheel of the truck tractor at a point not less than 2 feet to the rear of the center of the rearmost axle of the tractor.
(3) “Pole trailer.” Every vehicle without motive power designed to be drawn by another vehicle attached to the towing vehicle by means of a reach or pole; or by being boomed or otherwise secured to the towing vehicle; and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections.
(4) “House trailer.” A trailer or semitrailer which is designed, constructed, and equipped as a dwelling place, living abode, or sleeping place (either permanently or temporarily) and is equipped for use as a conveyance on streets and highways; or a trailer or semitrailer whose chassis and exterior shell is designed and constructed for use as a house trailer as defined previously, but which is used instead permanently or temporarily for the advertising, sales, display, or promotion of merchandise or services, or for any other commercial purpose except for transportation of property for hire, or the transportation of property for distribution by private carrier.
“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 or used exclusively upon stationary rails or tracks. For the purpose of this title motor vehicles as a class shall be divided into 2 divisions:
(1) First. Those vehicles which are designed for the carrying of not more than 10 persons.
(2) Second. Those vehicles which are designed for pulling or carrying freight or the carrying of more than 10 persons.
“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, provided that when the roadway is clear the vehicle may proceed into the intersection. (Ord. 636, passed 9-l5-70; Am. Ord. 1586, passed 7-15-03)

The provisions of this title regulating the movement and parking of vehicles shall not apply to equipment or vehicles while actively engaged in installing, repairing, or otherwise improving streets or street pavements. (Ord. 636, passed 9-15-70)

Nothing in this title shall be construed to prevent the owner of real property, used by the public for purposes of vehicular travel by permission of the owner and not as a matter of right, from prohibiting such use or from requiring other, different, or additional conditions than those specified in this title otherwise regulating such use as may seem best to the owner. (Ord. 636, passed 9-15-70)

(A) It shall be the duty of the officers of the police department or such officers as are assigned by the chief of police to enforce all street traffic laws of this city and all the state vehicle laws.
(B) Officers of the police department or such officers as are assigned by the chief of police are authorized to direct all traffic by voice, hand, or signal in conformance with the traffic laws, provided that, in the event of a fire or other emergency or to expedite traffic or 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 may exercise the powers and authority of a policeman in directing traffic or assisting the police in directing traffic at the scene or in the immediate vicinity of the scene of any fire, or where the fire department has responded to an emergency call, for as long as fire department equipment is on the scene. (Ord. 636, passed 9-15-70)

No person shall wilfully fail or refuse to comply with any lawful order or direction of a police officer or fire department official. (Ord. 636, passed 9-15-70)

(A) The driver of an authorized emergency vehicle, when responding to an emergency call, when in the pursuit of an actual or suspected violator of the law, or when responding to but not returning from a fire alarm, may exercise the privileges set forth in this section subject to the conditions herein stated.
(B) The driver of an authorized emergency vehicle may:
(1) Park or stand irrespective of the provisions of this title;
(2) Proceed past a red or stop signal or stop sign, but only after slowing down as required and necessary for safe operation;
(3) Exceed the maximum speed limit so long as he does not endanger life or property;
(4) Disregard regulations governing direction of movement or turning in specified directions.
(C) The exceptions herein granted to an authorized emergency vehicle, other than a police vehicle, apply only when the vehicle is making use of audible, if in motion, and visual signals meeting the requirements of this title.
(D) The foregoing provisions 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. (Ord. 636, passed 9-15-70)

(A) The council may establish safety zones of such kind and character and at such places as it may deem necessary for the protection of pedestrians.
(B) The council may designate and maintain by appropriate devices, marks, or lines upon the surface of the roadway crosswalks at intersections where in its opinion there is particular danger to pedestrians crossing the roadway, and at such other places as it may deem necessary.
(C) The council may mark traffic lanes upon the roadway of any street or highway where a regular alignment of traffic is necessary. (Ord. 636, passed 9-15-70)

No person upon roller skates, or riding in or by means of any coaster, toy vehicle, or similar device, shall go upon any roadway except when crossing a street on a crosswalk, and when so crossing the person shall be granted all the rights and shall be subject to all the duties applicable to pedestrians. (Ord. 636, passed 9-15-70) Penalty, see Section 70.99 (D)

No person, firm, corporation or other entity shall install, place, maintain or construct any structure that encroaches on the right-of-way of any highway of the state of Illinois, or any right-of-way of any street, road, highway or alleyway of the city of Wilmington, including, but not restricted to, that portion of Illinois State Route 53 between Forked Creek and the Kankakee River and Illinois State Route 102 between Illinois State Route 53 and Ryan Street. (Ord. 1269, passed 2-3-98) Penalty, see Section 70.99 (F)

(A) No person shall operate or park a truck or other vehicle exceeding 12,000 pounds of gross weight on any street that is not designated as a truck route, nor park on a street designated as a truck route except for the purpose of delivering or picking up loads, materials, merchandise, or for the purpose of traveling to a private parking lot for parking or the storage of such vehicle. Any such truck or vehicle leaving a truck route for delivery or pick up shall do so by the nearest traveled way, and shall return to the truck route by the nearest traveled way.
(B) The following streets are designated as truck routes within the city:
(1) Illinois Route 53 from the city limits on the east to the city limits on the west;
(2) Illinois Route 102 from Baltimore Street to the city limits on the south;
(3) North Main Street from Baltimore Street to Canal Street;
(4) Canal Street from North Main Street East to North Kankakee Street;
(5) North Kankakee Street from Canal Street to the south edge of the Forked Creek Bridge;
(6) Mill Street from North Main Street to North Water Street;
(7) North Water Street from Mill Street to Chicago Avenue; and
(8) Chicago Avenue from North Water Street to North Kankakee Street. (Ord. 1528, passed 4-1-03)

It is unlawful for more than one vehicle to traverse the Park Street Bridge at any given time. (Ord. 15.28, passed 4-1-03)

(A) The council shall place and maintain official traffic-control devices when and as required under the traffic code to make effective the provisions of the traffic code, and may place and maintain such additional official traffic-control devices as it may deem necessary to regulate, warn, or guide traffic under the traffic code or under state law. All signs and signals established shall conform to the Illinois State Manual of Uniform Traffic Control Devices for Streets and Highways.
(B) The council, with reference to highways under its jurisdiction, may designate through highways and erect stop signs or yield signs at specified entrances thereto, or may designate any intersection as a stop intersection or as a yield intersection and erect stop signs or yield signs at one or more entrances to that intersection. Every stop sign and yield sign shall be located as near as practicable to the nearest line of the crosswalk on the near side of the intersection or, if there is no crosswalk, then as close as practicable to the nearest line of the intersecting roadway.
1. Stop sign at Becky and Vista and a 3-way stop sign at Debbie and Vista
2. 3-way stop sign at Kahler Road and Buchanan Street
3. Stop sign at Kahler Road at Wildcat Court
4. Stop sign at Wildcat Court at Kahler Road
5. Stop sign at Wildcat Court at Ridge Street
6. Stop sign at Ridge Street at Wildcat Court
7. School zone signs: (following federal regulations for distance) at Fairchild Drive
8. School zone signs: (following federal regulations for distance) at Kahler Road
9. Removal of stop sign at Water Street and Mill Street.
(C) Placement of 10-Ton Weight Limit Signs on Stevens Lane—Temporary Weight Limit Variance. The city may allow farm vehicles and equipment to use Stevens Lane in excess of this weight limit to service farms which cannot otherwise be accessed on a public road. (Ord. 636, passed 9-15-70; Am. Ord. 06-08-01-01, passed 8-1-06; Am. Ord. 06-11-21-02, passed 11-21-06; Am. Ord. 08-04-15-05, passed 4-15-08)

(A) No driver of a vehicle shall disobey the instructions of any official traffic-control device placed in accordance with provisions of this title, unless 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. (Ord. 636, passed 9-15-70)

No provision of this title for which official traffic-control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible to be seen by an ordinarily observant person. Whenever a particular section does not state that official traffic-control devices are required, the section shall be effective even though no devices are erected or in place. (Ord. 636, passed 9-15-70)

(A) Whenever official traffic-control devices are placed in position approximately conforming to the requirements of this title, the devices shall be presumed to have been so placed by the official act or direction of lawful authority, unless the contrary shall be established by competent evidence.
(B) Any official traffic-control device placed pursuant to the provisions of this title and purporting to conform to the lawful requirements pertaining to the devices shall be presumed to comply with the requirements of this title unless the contrary shall be established by competent evidence. (Ord. 636, passed 9-15-70)

The city adopts by reference Chapter 3, Certificates of Title and Registration of Vehicles; Chapter 6, Illinois Driver Licensing Law; Chapter 7, Illinois Safety Responsibility Law; Chapter 11, Rules of the Road; Chapter 12, Equipment of Vehicles; and Chapter 15, Size, Weight, Load and Permits of Chapter 625/Article 5 of the Illinois Compiled Statutes as the same may be amended from time to time, as part of the vehicle code for the city. A copy of said code has been on file in the office of the city clerk and available for public use, inspection, and examination at least 30 days prior to the adoption thereof as provided in this chapter. The number system used by Chapter 625/Article 5 is adopted as the numbering system for violations of said chapters adopted. (Ord. 636, passed 9-15-70; Am. Ord. 1566, passed 7-15-03)

Any person, firm or corporation violating any of the provisions of this chapter shall be fined not less than $75 nor more than $750 for each violation, except as otherwise provided in the Illinois Vehicle Code. All citations issued for violation of this chapter shall be in the name of the city and shall refer to the number of sections and chapters adopted in Section 70.19, but shall also be referred to as an ordinance violation in the traffic ticket or complaint. (Ord. 636, passed 9-15-70; Am. Ord. 1566, passed 7-15-03)

(A) “School crossing signal.” A permanently mounted, electrically operated signal device equipped with two-way, color (red and yellow) signal heads together with a diamond-shaped, single-face sign reading “School Crossing,” by which, at predetermined times and when actuated by push button, traffic is directed to stop so as to permit school children to cross the street or highway safely.
(B) Whenever the red lens of a school crossing signal is illuminated by rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked; or, if none, then before entering the intersection. Pedestrians within or entering the crosswalk at either edge of the roadway shall have the right-of-way over vehicles so stopped. Vehicular traffic having so yielded the right-of-way to pedestrians entering or within the nearest crosswalk at an intersection may proceed but shall also yield the right-of-way to pedestrians within any other crosswalk at the intersection. In the event a school crossing signal is erected and maintained at a place other than an intersection provisions of this section shall be applicable except as to provisions which by their nature can have no application. (Ord. 636, passed 9-15-70)

For the purposes of this chapter, the following terms shall have the meanings stated in this section. Any term not defined herein shall have the meaning ascribed to it in other ordinances of this city, and if not defined in any other city ordinances, it shall have the meaning ascribed in the Illinois Vehicle Code:
“Abandoned vehicle” means:
(A) A vehicle parked or otherwise located on the public way or in any private alley or comparable way used as a means of vehicular access owned in common by the owners of dwelling units within a given subdivision; and
(1) In such a state of disrepair that it is incapable of being driven.
(2) That has been unmoved for a period of at least 10 days and from its condition, or some other circumstances appears to have been, and will be presumed to have been, abandoned by its owner.
(B) Vehicles parked and unmoved on a public way or in a public parking lot way or in any private alley or comparable way used as a means of vehicular access owned in common by the owners of dwelling units within a given subdivision for a period of at least 10 days.
(C) A vehicle defined as abandoned, or capable of being towed by any other ordinances of the city, and which does not fall into the categories of “hazardous” or “unlawful” vehicles, and therefore is not subject to an immediate tow.
“Hazardous vehicle” means:
(A) A vehicle that has been involved in an accident and is disabled or cannot be immediately moved by the owner or operator of the vehicle to a non-hazardous location.
(B) A vehicle that presents an immediate danger to the health or welfare of the members of the public.
(C) A vehicle abandoned or disabled on a public street, way or alley that is impeding the orderly flow of traffic or poses a potential danger to pedestrians and other operators of vehicles either by its location, condition or appearance.
(D) A vehicle that must be moved to allow for proper city snow removal from a public street, way or alley.
“Inoperable motor vehicle” means any motor vehicle from which, for a period of at least 10 days, the engine, wheels or other parts have been removed, or on which the engine, wheels or other parts have been altered, damaged or otherwise treated that the vehicle is incapable of being driven under its own motor power.
“Junk vehicle” means any vehicle not regularly used for transportation.
“Nonhazardous location” means an area where a vehicle may be legally parked on a public street, way or alley that does not impede the orderly flow of traffic or pose a potential danger to pedestrians and other operators of vehicles.
“Open private land” means an area of land not enclosed by a garage or carport.
“Owner” means a person who holds legal title to the vehicle, or the right of possession of the vehicle.
“Person” means any person, firm, partnership, association, corporation, company or organization of any kind.
“Public parking lot” means off-street surface parking areas and off-street parking in decks, garages and other structures owned by a governmental body which are open to parking of vehicles by the public either with or without compensation.
“Public way” means any public road, street or highway in the city of Wilmington.
“Unlawful vehicle” means:
(A) A vehicle that has been reported stolen.
(B) A vehicle which is the subject of a search and seizure by the police department.
(C) A vehicle towed incident to arrest.
(D) A vehicle parked in violation of state of Illinois Statutes or ordinances of the city which prohibit parking at the location in question or for the period of time for which the vehicle has been parked and where either the statute or the ordinance authorize the vehicle to be towed and the signs posted at the general location note that fact.
“Vehicle” means any device in, upon or by which any person or property is or may be transported or drawn upon a street, highway or any public way, except devices moved by human power, devices used exclusively upon stationary rails or tracks, and snowmobiles. (Ord. 1260, passed 8-5-97; Am. Ord. 1593, passed 9-16-03)

Whereas, the storage and parking of vehicles on open private land in this city contributes to unhealthful and unsanitary conditions thereon, the city of Wilmington ordains that it shall be unlawful to park or store any inoperable junk vehicle or relic, vintage or antique vehicle not regularly used for transportation upon private land. The exceptions for this section are:
(A) Such private premises are the site for a properly licensed junkyard.
(B) The vehicles are currently licensed, tagged and have a current city sticker.
(C) A vehicle that is being repaired or restored must be covered with a vehicle cover. Limit one per residence.
(D) Commercial areas may be allowed 90 days and then the vehicle will have to be moved to an enclosed area.
In addition, no person shall abandon any vehicle within the city or in city property, within or without the corporate limits and no person shall leave any vehicle at any place within the city or on city property within or without the corporate limits, for 10 days and under such circumstances as to cause such vehicle to reasonably appear to have been abandoned.
The abandonment of a vehicle or any part thereof on any public way or public parking lot anywhere in the city is unlawful. A vehicle or any part thereof so abandoned on private property may be authorized for removal by order of the Wilmington police department when it has been determined the vehicle is of evidentiary value. Any person who violates this section is subject to penalties set forth in Section 70.99.
When an abandoned, lost, stolen or unclaimed vehicle comes into the temporary possession or custody of a person not the owner of the vehicle, such person shall immediately notify the Wilmington police department when the vehicle is within the corporate limits of the city. Upon receipt of such notification, the police department shall inspect the abandoned, lost, stolen or unclaimed vehicle. If the police department determines that the vehicle is of evidentiary value, it will order a towing of the vehicle. Otherwise, the city is not responsible for the towing of the vehicle from the private property.
Hardship cases will be dealt with on a case-by-case basis by the city administrator. (Ord. 1260, passed 8-5-97; Am. Ord. 1593, passed 9-16-03) Penalty see Section 70.99.

No person shall leave any partially dismantled, non-operating, wrecked, or junked vehicle on any street or highway within the city or on city property within or without the corporate limits, provided such vehicle may be left at a place authorized by the city for the dumping and disposal of goods and rubbish in accordance with the ordinance of the city and the rules and regulations governing such ground. (Ord. 1260, passed 8-5-97; Am. Ord. 1593, passed 9-16-03) Penalty see Section 70.99.

No person in charge or control of any property other than city property within the city, whether as owner, tenant, occupant, lessee or otherwise, shall allow any partially dismantled, non-operating, wrecked, junked, or discarded vehicle to remain on such property longer than 10 days, and no person shall leave any such vehicle on any property other than city property within the city longer than 10 days or on city property, within or without the corporate limits, for a longer time than 48 successive hours; except that this section shall not apply with regard to a vehicle in an enclosed building, a vehicle on the premises of a business enterprise operated in a lawful place and manner when necessary to the lawful operation of said business enterprise, or a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the city. (Ord. 1260, passed 8-5-97; Am. Ord. 1593, passed 9-16-03) Penalty see Section 70.99.

No person shall park or store any vehicle on any public street, alley, or public way for more than 48 successive hours. (Ord. 1260, passed 8-5-97; Am. Ord. 1593, passed 9-16-03) Penalty see Section 70.99.

(A) The chief of police or his designee is hereby authorized to remove any vehicle left at any place within the city or on any city property, including private property within or without the city limits, which reasonably appears to be in violation of this article, or lost, stolen, or unclaimed.
(B) Such vehicle shall be impounded until lawfully claimed or disposed of in accordance with the state provisions, as well as the provisions of this article; provided, however, that any vehicle left at any place, other than on city property, shall not be removed and impounded as provided herein until the chief of police or his designee shall have given written notice to remove such vehicle within 10 days of the mailing of such notice and of the intention of the chief of police or his designee to remove and impound such vehicle if it has not been removed at the end of such time.
(C) The notice required in subsection (B) of this section shall be given by:
(1) Affixing notice on such vehicle.
(2) Sending notice by mail to the owner of such vehicle at his last known address if the owner is reasonably ascertainable.
(3) Sending notice by mail to the person owning or controlling the property on which such vehicle is located.
(D) Vehicle owners may request a pre-tow hearing.
(1) A notice of intent to tow sticker with the earliest date upon which the tow may take place pursuant to this article and the address and phone number of the police department shall be placed on the vehicle. Such tow date shall be not less than 72 hours after the placement of such sticker. In the event that the laws of the state of Illinois shall from time to time require other and further pre-tow notice other than the notice expressly provided for herein, this section (subsection (E)) shall automatically be deemed to be amended from time to time in order to ensure the proper provision of such pre-tow notice in accordance with Illinois state law.
(E) Pre-tow hearing procedures for abandoned vehicles.
(1) Opportunity for hearing. The owner or person entitled to possession of a vehicle to be towed as an abandoned vehicle shall have 72 hours from the time of placement of the pre-tow notice sticker to request a pre-tow hearing. If the owner has not made such a request, any hearing rights under the provisions of this chapter will be deemed waived and the vehicle may be towed.
(2) Scheduling of pre-tow hearing. The pre-tow hearing shall be scheduled for a date within 15 days of the placement of the pre-tow notice sticker. The city shall not be required to delay towing longer than such 15-day period.
(3) Request for pre-tow hearings. Request for a pre-tow hearing may be made in person or by telephone to the police chief or designee. The owner will be provided a hearing date and time by mail or in person as the circumstances require.
(4) Hearing officer. The Wilmington police commission shall serve as hearing officer. In no case shall the hearing officer be an individual who was involved with the initial decision to tow the vehicle. The hearing officer shall require the presence of the enforcement officer who initiated the proposed tow or any other city personnel.
(5) Nature of hearing. The hearing shall be informal in nature, and the rules of evidence shall not apply. The hearing will not be determinative of, or adjudicate, any citation relative to any vehicle. After receiving all relative evidence, the hearing officer shall make a written decision based upon a preponderance of the evidence as to whether towing of the vehicle is authorized by the laws of the state or the ordinances of the city, with a specific statutory or ordinance section cited in the decision. The owner shall be provided a copy of such hearing decision.
(6) Decision to tow and rates to be charged. If the preponderance of the evidence supports towing and compliance with the provisions of this chapter, the hearing officer shall direct that the vehicle be towed, with any towing and storage costs to then be imposed upon the owner thereof. The owner of said vehicle having had such hearing may avoid the towing by immediately removing the vehicle from the improper location to a proper, lawful location and correcting any unlawful condition of the vehicle.
(7) Decision not to tow. If the preponderance of the evidence fails to support towing of the vehicle, the hearing officer shall direct that the vehicle shall not be towed. The hearing officer shall furnish a copy of such decision to the owner, who may place it inside the vehicle in a location plainly visible from the outside, such as the dashboard or rear window. The city shall tow no vehicle about which such a decision has been rendered unless the circumstances under which the decision was rendered have changed. If at some subsequent time the city should wish to tow the vehicle from the same location, it shall follow the same procedures required for the towing of any other similarly situated vehicle.
(8) Reports and documents to be retained; contesting decisions. Originals or copies of all notices, pre-tow hearing decisions, towing reports, and any associated police reports or documents shall be retained by the police department for a period of at least five years after each hearing, or after each tow if no hearing was requested or held. The city or the owner may contest the decision of the hearing officer in any manner provided by law.
(F) Post-tow notice for hazardous and unlawful vehicles.
(1) Mailing or delivery of notice. Notice pursuant to this section shall be forwarded by certified or registered mail, return receipt requested, to the address of the owner of the vehicle as indicated in the most current registration list of the Secretary of State, unless the notice is personally delivered to the owner, in which case, the date and time of the delivery, and the name of the officer making the delivery shall be noted in the police department records or reports. In the event that the city has towed an out-of-state hazardous or unlawful vehicle, inquiry by computer, telephone or letter shall be made of the Secretary of State or equivalent state agency of the particular jurisdiction for the furnishing of the most current registered name and address of the owner of the vehicle, and notice shall be mailed as provided herein to the address furnished. Notification shall be sent no later than two days after the date the ownership of the vehicle is determined.
(2) Notice of vehicle release requirements and hearing rights of towed vehicles. Printed on the back of the invoice is information indicating the opportunity and procedures for a hearing to contest the validity of a towed vehicle.
(3) Requests for post-tow hearings. Requests for hearings may be made in person or by mail to the office indicated on the notice and the back of the invoice within 15 days of the mailing or personal delivery of the notification of tow, or release of the vehicle, whichever occurs first; otherwise, the right to a hearing shall be deemed waived.
(4) Release of motor vehicles. Before the owner or other person entitled to possession of any impounded vehicle shall be permitted to remove same, that person shall furnish evidence of his identity, proof of ownership, or his right to possession, sign a receipt for the vehicle, and pay the amount owed for towing and storage fees to the towing service operator unless the hearing officer finds that the vehicle should not have been towed.
(5) Establishment of towing and storage rates. The vehicle owner shall be responsible for fees for towing and storage on police-ordered tows. The towing service operator must fully itemize in writing the details of billing and supply a copy of the itemized bill to the owner and to the police department. The towing service operator and the police department shall have available a copy of the complete current rate schedule and any special rate policy that may apply for vehicle owners to view upon request.
(G) Post-tow hearing procedures.
(1) Opportunity for hearing. The owner of a vehicle towed as an immediate tow, by or pursuant to the authority of the police department as set forth herein, shall be provided the opportunity for a post-tow hearing to determine the validity of such tow and any towing or storage charges. The hearing will not be determinative of, or adjudicate, any citation issued relative to any towed vehicle.
(2) Hearing officer and nature of the hearing. The nature of the hearing and the hearing officer shall be the same as set forth in subsection (E)(4) of this section.
(3) Conduct of post-tow hearings. The hearing officer shall review all evidence presented by the vehicle owner and the police department or other city employees, and shall make a finding in writing based upon the preponderance of the evidence presented, as to the lawful authority for the towing and storage of the vehicle.
(4) Post-tow hearing decision. For each hearing, the hearing officer shall complete a post-tow hearing decision and attach such decision to the police department’s original vehicle towing report, and supply a copy of the decision to the owner by personal delivery if the owner is present, otherwise by mail within 10 days of the hearing.
(5) Decision to tow justified. If the preponderance of the evidence supports towing and compliance with the provisions of this chapter, the hearing officer shall direct that the tow was justified and towing and storage costs be imposed upon the owner thereof.
(6) Decision to tow unjustified. If the preponderance of the evidence fails to support towing of the vehicle then the hearing officer may find the city responsible for towing and storage fees.
(7) Reports and documents to be retained; contesting decisions. All originals or copies of the notices, post-tow hearing decisions, towing reports, and any associated police reports or documents shall be retained by the police department for a period of at least five years after each hearing, or after each tow if no hearing was requested or held. The city or the owner may contest the decision of the hearing officer in any manner provided by law.
(H) The chief of police or his designee may enter upon private property at all reasonable hours for the purpose of inspecting such vehicle, posting notice thereof, and removing and impounding the vehicle. It shall be unlawful for any person to prevent the chief of police or his designee from entering on private property for purposes of carrying out his duties hereunder or to interfere with him in the lawful performance of his duties under the provisions of this section. The chief of police or his designee may tow, or cause to be towed, any vehicle abandoned, parked, or otherwise kept in violation of the provisions of this section, to a suitable storage area.
(I) Entering on private property. Should the vehicle not be brought into compliance with the provisions of this article within the 10-day notice period, then the chief of police or his designee may request an appropriate court order for impoundment of the vehicle. Upon obtaining an appropriate court order, the chief of police or his designee may enter upon private property at all reasonable hours for the purpose of inspecting such vehicle and removing and impounding such vehicle. It shall be unlawful for any person to prevent the chief of police or his designee from entering on private property for the purpose of carrying out his duties hereunder or to interfere with him in the lawful performance of his duties under the provisions of this article. (Ord. 1260, passed 8-5-97; Am. Ord. 1593, passed 9-16-03)

The owner of or person abandoning, parking, or otherwise keeping a vehicle in violation of the provisions of this section, which is impounded under the provisions of law and this section, shall be charged a fee in a sum sufficient to cover the charges and expenses of impounding and the enforcement of this section payable to the city clerk, which fee may be collected by the city in an action at law against said violator, and which fee must be paid prior to the release of the vehicle so impounded. This fee shall be in addition to the fine provided for herein for the violation of this section. Unclaimed vehicles may be sold at public auction by the city. (Ord. 1526, passed 4-1-03; Ord. 1260, passed 8-5-97; Am. Ord. 1593, passed 9-16-03)

(A) It is unlawful and a misdemeanor for a person to do any act forbidden or fail to perform any act required in this title.
(B) Any person, firm or corporation violating any provision of this title, for which another penalty is not provided, shall for a first conviction be fined not less than $25 nor more than $750, for a second conviction within one year thereafter, the person, firm or corporation shall be fined not less than $100 nor more than $750, and for a third or subsequent conviction within one year after the first conviction, the person, firm or corporation shall be fined not less than $250 nor more than $750. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. 1260, passed 8-5-97; Am. Ord. 1269, passed 2-3-98; Ord. 1574, passed 7-15-03; Am. Ord. 1593, passed 9-16-03)