Chapter 73 MOTOR VEHICLE CRIMES

(A) Maximum speed restrictions. No person shall drive any motor vehicle on any street within the city at a speed which is greater than the maximum speed limit established by this title. No person shall drive any vehicle on any street or highway within the city under the jurisdiction of the state department of public works and buildings, or of the county of Will at a speed exceeding that lawfully set for the street by those corporate authorities.
(1) Vehicles of the first division. The maximum speed limit for a vehicle of the first division as defined in Section 70.01 unless some other limit is established pursuant to Section 73.15 (A) (3), is as follows:
(a) Outside of an urban district the maximum is 65 miles per hour.
(b) In an urban district the maximum is 30 miles per hour, except that in an alley the maximum is 15 miles per hour.
(c) The maximum speed limit for a vehicle of the first division towing another vehicle is 55 miles per hour outside of an urban district, 30 miles per hour in an urban district, and 15 miles per hour in an alley.
(2) Vehicles of the second division. The maximum speed limit for a vehicle of the second division as defined in Section 70.01, unless some other limit is established pursuant to the provisions of Section 73.15 (A) (3), is as follows:
(a) If the vehicle is designed for pulling or carrying freight and has a gross weight of 8,000 pounds or less (including the weight of the vehicle and the maximum load) and is equipped with pneumatic tires, the maximum is 55 miles per hour outside of an urban district, 30 miles per hour in an urban district, and 15 miles per hour in an alley; but if the vehicle is equipped with two or more solid tires, the maximum is 10 miles per hour at all times and in all locations.
(b) If the vehicle is designed for pulling or carrying freight and has a gross weight of more than 8,000 pounds (including the weight of the vehicle and the maximum load) and is equipped with pneumatic tires, the maximum is 50 miles per hour outside of an urban district, 30 miles per hour in an urban district, and 15 miles per hour in an alley; but if the vehicle is equipped with two or more solid tires, the maximum is 10 miles per hour at all times and in all locations.
(c) If the vehicle is designed for carrying more than 10 passengers and is equipped with pneumatic tires the maximum is 60 miles per hour.
(d) A house car or camper shall not exceed 55 miles per hour or the posted speed limit, whichever is less.
(3) Alteration of limits. If the council, by ordinance, sets other limits as provided by S.H.A. Ch. 95-l/2, after an engineering or traffic survey, then such limit shall govern the rate of speed on the streets indicated in the ordinance. Appropriate signs shall be posted showing the speed limits.
(B) Duty to decrease speed. The fact that the speed of a vehicle does not exceed the applicable maximum speed limit does not relieve the driver from the duty to decrease speed when approaching and crossing an intersection, when approaching and going around a curve, when approaching a hillcrest, when traveling upon any narrow or winding roadway, or when special hazards exist with respect to pedestrians or other traffic or by reasons of weather or highway conditions. Speed shall be decreased as may be necessary to avoid colliding with any person or vehicle upon or entering the highway in compliance with legal requirements and it shall be the duty of all persons to use due care.
(C) Minimum speed regulation. No person shall drive a motor vehicle at such a slow speed as to impede or block normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation of his vehicle or in compliance with law.
(D) Too fast for conditions. No person shall drive any vehicle upon any highway of this city at a speed which is greater than is reasonable and proper with regard to the traffic conditions and the use of the highway or endangers the safety of any person or/property.
(E) Electronic speed detecting devices. Where signs giving notice of a change in the speed limit have been erected electronic speed detecting devices shall not be used within 500 feet beyond any such sign in the direction of travel; if so used in violation hereof, evidence obtained thereby shall be inadmissible in any prosecution for speeding.
(F) School speed limits. Provided appropriate signs are posted upon streets and highways within the city giving proper due warning that a school zone is being approached and, indicating the school zone and the maximum speed limit in effect during school days when school children are present, no person shall drive a motor vehicle at a speed in excess of 20 miles per hour when passing a school zone or while traveling upon any public thoroughfare on or across which children pass going to and from school during school days when school children are present.
(G) Implements of husbandry or road tractor; display of flag or amber signal lamp. When any implement of husbandry or road tractor is operated on a highway within this city at a speed of less than 20 miles per hour there shall be displayed at all times during such operation a red flag at least 12 inches square carried on the vehicle at a height not less than 10 nor more than 12 feet above the ground, or at least one flashing amber signal lamp mounted as high as practicable between sunrise and sunset. The vehicle shall at all times display at least one flashing amber signal lamp mounted as high as practicable and of sufficient intensity to be visible to the rear a distance of at least 500 feet if used in normal sunlight. Only the rear vehicle of a combination of vehicles coupled together need display a flag or lamp.
(H) Ambulances. The speed limits established by this title do not apply to ambulances in motion which includes any motor vehicle primarily designed and used for conveyance of sick or injured persons, provided:
(1) The person operating the ambulance reasonably believes that he is responding to a bona fide emergency call or is specifically directed by a licensed physician to disregard speed limit laws in operating the ambulance during and for the purpose of the specific trip or journey involved.
(2) The ambulance shall be equipped with a siren producing an audible signal of an intensity of 100 decibels at a distance of 50 feet from the siren and with a lamp emitting an oscillating, rotating, or flashing red beam directed in part toward the front of the vehicle and visible under normal atmospheric conditions from a distance of 500 feet to the front of the vehicle. The aforesaid siren and lamp shall be in full operation at all times during the journey.
(3) The provisions of this section do not relieve the driver of an ambulance from the duty to drive with due regard for the safety of all persons using the street, nor do these provisions protect the driver of any such vehicle from the consequences of a reckless disregard of the safety of others.
(I) Violations; charges. In every charge of violation of a division of this section by failure to observe an applicable speed limit the complaint, traffic ticket, or notice to appear shall specify the speed at which the defendant is alleged to have driven and the speed limit which is applicable at the place of the alleged violation. (Ord. 636, passed 9-15-70)

(A) Section 73.50 shall not apply if the motor vehicle used in connection with the violation was stolen at the time and the theft was reported to the appropriate police authorities within 72 hours after the theft was discovered.
(B) Sections 73.50(A)(1) and 73.50(A)(4) shall not apply if the vehicle was operating as a common carrier and the violation occurs without the knowledge of the individual in control of the vehicle.
(C) Section 73.50(A)(4) shall not apply to or affect any of the following:
(1) Peace officers or any person summoned by any such officers to assist in making arrests and preserving the peace while he is actually engaged in assisting such officer;
(2) Wardens, superintendents and keepers of prisons, penitentiaries, jails and other such institutions for the detention of persons accused or convicted of an offense, while in the performance of their official duty or commuting between their homes and places of employment;
(3) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard or the Reserved Officers Training Corps, while in the performance of their official duty;
(4) Special agents employed by a railroad to perform police functions, or employees of a detective agency, watchman-guard or patrolman agency, licensed by the state of Illinois, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment;
(5) Manufacture or transportation of weapons which are not immediately accessible to any person, and sale of weapons to persons authorized under the law to possess them;
(6) Persons licensed as private security contractors, private detectives or private alarm contractors or employed by an agency certified by the Illinois Department of Professional Regulation with documentation on their person, if their duties include the carrying of a weapon under the provisions of the Private Detective, Private Alarm and Private Security Act of 1983 (225 ILCS 445/1 et seq.), while engaged in the performance of the duties of their employment;
(7) Persons employed by a financial institution for the protection of other employees and property related to such financial institution, while actually engaged in the performance of their duties, commuting between their homes and places of employment, or traveling between sites or properties owned by such financial institution, provided that any person so employed has successfully completed a course of study, approved by and supervised by the Illinois Department of Professional Regulation, consisting of not less than 40 hours of training which includes theory of law enforcement, liability for acts and the handling of weapons;
(8) Any person employed by an armored car company to drive an armored car, while actually engaged in the performance of his duties;
(9) Members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while such members are using their firearms on such target ranges;
(10) Licensed hunters or fisherman while engaged in hunting or fishing;
(11) Transportation of weapons broken down in a non-functioning state; or
(12) Such other exceptions as approved by the Illinois General Assembly. (Ord. 1492, passed 1-21-03; Ord. 1557, passed 6-3-03)

(A) Whenever a police officer has probable cause to believe that a motor vehicle is subject to seizure and impoundment pursuant to Section 73.50, the police officer shall provide for the towing of a vehicle to a facility controlled or designated by the city or its agents. Before or at the time the vehicle is towed, the police officer shall notify any person identifying himself as the owner of the vehicle or any person who is found to be in control of the vehicle at the time of the alleged violation, of the fact of the seizure and of the vehicle owner’s right to request a vehicle impoundment hearing to be conducted under this section.
(B) If the owner of record of a vehicle seized pursuant to Section 73.50 desires to appeal the seizure, said owner must make a request for said hearing within 72 hours of the seizure. Said request shall be in writing and filed with the chief of police or his designee. If an appeal is timely filed, a hearing officer of the city shall conduct such hearing within 72 hours after the request, excluding Saturdays, Sundays and holidays. All interested persons shall be given a reasonable opportunity to be heard at the hearing. The formal rules of evidence will not apply at the hearing and hearsay evidence shall be admissible. The hearing officer will determine whether there is probable cause to believe the vehicle is subject to seizure and impoundment pursuant to Section 73.50. In those cases where probable cause exists, the hearing officer shall order the continued impoundment of the vehicle, unless the owner of the vehicle posts a cash bond in the amount of $500, plus any applicable towing and storage fees. In those cases where probable cause does not exist, the hearing officer shall order the immediate release of the vehicle.
(C) Unless a hearing is held pursuant to (B) above, within 10 days after a motor vehicle is seized and impounded pursuant to Section 73.50, the city shall notify by certified mail, return receipt requested, the owner of record of the date, time and location of a hearing to be conducted. The hearing shall be scheduled and held, unless continued by order of the hearing officer, no later than 45 days after the vehicle was seized. All interested persons shall be given a reasonable opportunity to be heard at the hearing. The formal rules of evidence will not apply at the hearing and hearsay evidence shall be admissible. The hearing officer will determine whether there is probable cause to believe the vehicle is subject to seizure and impoundment pursuant to Section 73.50. If the hearing officer determines by a preponderance of evidence that the vehicle was used in connection with a violation and that no exception applies, the hearing officer shall enter an order finding the owner of record of the vehicle civilly liable to the city an administrative penalty in an amount not to exceed $500. If the owner of the record fails to appear at the hearing, the hearing officer shall enter a default order in favor of the city requiring the payment to the city of an administrative penalty in an amount not to exceed $500. If the hearing officer finds that the vehicle was not used in connection with a violation or that an exception applies, the hearing officer shall order the immediate return of the vehicle or posted cash bond.
(D) If an administrative penalty is imposed pursuant to this section, such penalty shall constitute a debt due and owing to the city. If a cash bond has been posted pursuant to this section, the bond shall be applied to the penalty. If a vehicle has been impounded when such a penalty is imposed, the city may seek to obtain a judgment on the debt and enforce such judgment against the vehicle as provided by law. Except as provided otherwise in this section, a vehicle shall continue to be impounded until: (1) the penalty, plus any applicable towing and storage fees, is paid to the city, in which case possession of the vehicle shall be given to the person who is legally entitled to possess the vehicle; or (2) the vehicle is sold or otherwise disposed of to satisfy a judgment to enforce a lien as provided by law. If the administrative penalty and applicable fees are not paid within 30 days after an administrative penalty is imposed under this section against an owner of record who is in default for failing to appear at the hearing, the vehicle shall be deemed unclaimed and shall be disposed of in the manner provided by law for the disposition of unclaimed vehicles. In all other cases, if the administrative penalty and applicable fees are not paid within 30 days after the expiration of time at which administrative review of the hearing officer’s determination may be sought or within 30 days after an action seeking administrative review has been resolved in favor of the city, whichever is applicable, the vehicle shall be deemed unclaimed and shall be disposed of in the manner provided by law for the disposition of unclaimed vehicles under Section 4-208 of the Illinois Vehicle Code (625 ILCS 5/14-208). Except as otherwise specifically provided by law, no owner, lien holder or other person shall be legally entitled to take possession of a vehicle impounded under this section until the civil penalty and fees applicable under this section have been paid. However, whenever a person with a lien of record against an impounded vehicle has commenced foreclosure proceedings, possession of the vehicle shall be given to that person if he or she agrees in writing to refund the city the amount of the net proceeds of any foreclosure sale, less any amounts required to pay all lien holders of record, not to exceed $500, plus the applicable fees.
(E) For purposes of this section, the “owner of record” of a vehicle is the record titleholder as registered with the Illinois Secretary of State. (Ord. 1492, passed 1-21-03; Ord. 1557, passed 6-3-03)