Title VII TRAFFIC CODE
Chapter 76 PARKING REGULATIONS
76.01 Prohibitions.
76.02 No-parking places.
76.03 Alleys.
76.04 Stopping, standing, or parking outside business or residence district.
76.05 Removal of vehicles.
76.06 Parking at curb.
76.07 Vehicles for sale.
76.08 Loading zone.
76.09 Street cleaning.
76.10 Time limit parking.
76.11 Cab stands--Bus stands.
76.12 Parking motor vehicles on private property.
76.13 Signs.
76.14 Violation of parking regulation—Leased vehicles.
76.15 Presumption.
76.16 Obstructional parking.
76.18 Restricted parking.
76.19 Limited parking.
76.20 Truck, trailer or commercial vehicle parking.
76.98 Parking violations.
76.99 Penalty.
76.01 Prohibitions.
No vehicle shall be parked on any street, highway, or parkway (which
consists of the area between the curb of the street and the innermost edge of
the sidewalk) within the city except under the following
conditions:
(A) Physicians on emergency calls.
(B) Emergency
vehicles.
(1) The driver of an authorized emergency vehicle, when responding
to an emergency call or when in pursuit of an actual or suspected violator of
the law or when responding to but not upon returning from a fire alarm, may park
or stand irrespective of the provisions of this title.
(2) The foregoing
provision shall not relieve the driver of an emergency vehicle from the duty to
park or stand with due regard for the safety of all persons, nor shall the
provision protect the driver from the consequences of his reckless disregard for
the safety of others.
(C) Multiple automobiles. When there are three or more
passenger automobiles each of which is licensed to the same residence address
under the provisions of this title, and three or more of the automobiles are
present at the same time at the residence address, two of the automobiles shall
be parked off the street and parkways and the remaining automobiles, not
exceeding two, may be parked immediately in front of the residence address,
provided the accumulation of snow on the street does not exceed one inch in
depth. (Ord. 636, passed 9-15-70)
76.02 No-parking places.
No person shall park a vehicle, except when necessary to avoid conflict
with other traffic or in compliance with the directions of a police officer or
traffic-control device in any of the following places:
(A) On a
sidewalk;
(B) In front of a public or private driveway;
(C) Within an
intersection;
(D) Within 15 feet of a fire hydrant;
(E) On a
crosswalk;
(F) Within 20 feet of a crosswalk at an
intersection;
(G) Within 30 feet upon approach to any flashing beacon, stop
sign, or traffic-control signal located at the right side of a
roadway;
(H) Between a safety zone and the adjacent curb or within 30 feet
of the points on the curb immediately opposite the ends of a safety
zone;
(I) Within 50 feet of the nearest rail of a railroad grade
crossing;
(J) Within 20 feet of the driveway entrance to any fire station
and, on the side of the street opposite the entrance to any fire station, within
75 feet of the entrance when proper sign posted;
(K) Alongside or opposite
any street excavation or obstruction when parking would obstruct
traffic;
(L) On the roadway side of any vehicle parked at the edge or curb
of a street;
(M) Upon any bridge or other elevated structure upon a highway
or within a highway;
(N) At any place where the standing of a vehicle will
reduce the usable width of a roadway for moving traffic to less than 18 feet;
and
(O) At any place where official signs prohibit parking. (Ord. 636,
passed 9-15-70)
76.03 Alleys.
No person shall park a vehicle within an alley except for the purpose of
loading arid unloading merchandise and then not 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 persons shall stop, stand, or
park a vehicle within an alley in such a position as to block the driveway
entrance to any abutting property. (Ord. 636, passed 9-15-70)
76.04 Stopping, standing, or parking outside business or residence district.
(A) Upon any highway outside of a business or residence district no person
shall stop, park, or leave standing any vehicle, whether attended or unattended,
upon the paved or main-traveled part of the highway when it is practical to
stop, park, or so leave the vehicle off that part of the highway. In every event
a clear and unobstructed width of the highway opposite the standing vehicle
shall be left for the free passage of other vehicles and a clear view of the
stopped vehicles shall be available from a distance of 200 feet in each
direction upon the highway.
(B) This section shall not apply to the driver
of any vehicle which is disabled while on the paved or main-traveled portion of
a highway in such manner and to such extent that it is impossible to avoid
stopping and temporarily leaving the disabled vehicle in such position. However,
at least one door of any motor vehicle permitted to stand unattended on the
paved or main-traveled part of any highway shall be left unlocked. (Ord. 636,
passed 9-15-70)
76.05 Removal of vehicles.
The police department and all members thereof assigned to traffic duty are
authorized to remove and tow away, or have removed and towed away by commercial
towing service any car or other vehicle illegally parked in any place where the
parked vehicle creates or constitutes a traffic hazard, blocks the use of a fire
hydrant, obstructs or may obstruct the movement of any emergency vehicle, or
which has been parked in any public street or other public place for more than
48 consecutive hours. Vehicles so towed away shall be stored on any city
property or in a public garage or parking lot and shall be restored to the owner
or operator thereof after payment of the expense incurred by the city in
removing and storing the vehicles. (Ord. 636, passed 9-15-70; Ord. 1533, passed
4-1-03)
76.06 Parking at curb.
No vehicle shall be parked with the driver’s side of the vehicle
next to the curb, except on one-way streets. It shall be unlawful to stand or
park any vehicle in a street other than parallel with the curb and with the two
right wheels of the vehicle within 12 inches of the regularly established curb
line, except that upon those streets that have been marked for angle parking,
vehicles shall be parked at the angle to the curb indicated by the marks. (Ord.
636, passed 9-15-70)
76.07 Vehicles for sale.
It shall be unlawful to park any vehicle upon any street for the purpose
of displaying it for sale, or to park any vehicle upon any street from which
vehicle merchandise is peddled or sold. (Ord. 636, passed 9-15-70)
76.08 Loading zone.
It shall be unlawful for the driver of a vehicle to stand a passenger
vehicle for a period of time longer than is necessary for the loading or
unloading of passengers in any place designated by ordinance as a loading zone
and marked as such or in any of the following designated places:
(A) At any
place not to exceed 75 feet along the curb before the entrance to any hospital
or hotel at any time.
(B) At any place not to exceed 75 feet along the curb
before the entrance to a public building between 8:00 a.m. and 6:00 p.m., except
on a Sunday.
(C) Directly in front of the entrance to any theatre at any
time that the theatre is open. (Ord. 636, passed 9-15-70)
76.09 Street cleaning.
It shall be unlawful to park any vehicle on any public street or portion
thereof in the city at any time when the street is being cleaned or snow
removed. Signs indicating cleaning or snow removal shall be posted before the
work is done. (Ord. 636, passed 9-15-70)
76.10 Time limit parking.
It shall be unlawful to park any vehicle for a period of time in excess of
the amount of time designated by ordinance and so posted. (Ord. 636, passed
9-15-70)
76.11 Cab stands--Bus stands.
No vehicle other than a licensed taxicab shall be parked in any area
designated by ordinance as a cab stand. No vehicle other than a bus shall be
parked in a place so designated as a bus loading zone. (Ord. 636, passed
9-15-70)
76.12 Parking motor vehicles on private property.
It shall be unlawful to park any motor vehicle on any private property
without the consent of the owner of the property. (Ord. 636, passed
9-15-70)
76.13 Signs.
Appropriate signs shall be posted in all areas where parking is limited or
prohibited, indicating such limitations or prohibitions. (Ord. 636, passed
9-15-70)
76.14 Violation of parking regulation—Leased vehicles.
Every person in whose name a vehicle is registered pursuant to state law
and who leases the vehicle to others, after receiving written notice of a
violation of this title, shall upon request provide police officers and the
court having jurisdiction thereof, with a written statement of the name and
address of the lessee at the time of the offense and the identifying number upon
the registration plates of the vehicle. (Ord. 636, passed 9-15-70) Penalty, see
76.99
76.15 Presumption.
The fact that an automobile which is illegally parked is registered in the
name of a person shall be considered prima facie proof that the person was in
control of the automobile at the time of the parking. (Ord. 636, passed
9-15-70)
76.16 Obstructional parking.
(A) It shall be unlawful for trucks, vans, campers and any vehicle that
tends to restrict the vision of any parked vehicle to park diagonally on any
city street where such diagonal parking is allowed.
(B) It shall be unlawful
for any person to park in any city street any vehicle that tends to restrict or
obstruct the vision of any moving motor vehicle. (Ord. 780, passed 3-18-80)
Penalty, see Section 76.99
76.18 Restricted parking.
It shall be unlawful for any person other than a city employee or duly
appointed fireman of the city to park a motor vehicle in any place reserved or
specifically marked for parking by city employees or firemen. Any vehicle parked
in any such restricted parking place marked as a tow-away zone may be removed
and towed as herein provided:
(A) The police department is hereby authorized
to remove and tow away, or have removed and towed away by any private or
commercial towing service any car or other vehicle parked in any place marked as
a tow-away zone.
(B) Cars so towed for illegal parking shall be stored in a
safe place and shall be restored to the owner or operator of such car upon
payment of the fee for such towing. The owner of such vehicle shall be
responsible for all towing costs.
(C) When a motor vehicle is authorized to
be towed away, the police department shall keep and maintain a record of the
vehicles towed, listing the color, year of manufacture, manufacturer’s
name, manufacturer’s series name, body style, vehicle identification
number, license plate year and number displayed on the vehicle. The records
shall also include the date and hour of towing, location towed from, location
towed to, the reason for towing, and the name of the officer authorizing the
tow. (Ord. 871, passed 2-1-83)
76.19 Limited parking.
(A) It shall be unlawful for any person to park a motor vehicle in any
area designated as a limited time parking area and so marked by signs
designating the time limit of such parking for a consecutive period of time in
excess of the time limits so posted.
(B) The chief of police or any other
person authorized by the mayor and council shall cause signs to be posted in all
areas where parking is so limited, indicating such time limitations as the
Council may set.
(C) Set a 2-hour parking limit on school days from Monday
to Friday between the hours of 7:00 a.m. to 3:00 p.m. to restrict parking on the
following streets:
Wildcat Court
Wilshire Court
Fairchild
Drive
Lexington Court
East Ridge Street
Residents of these streets
will be issued two parking stickers to cover their vehicles. The city will issue
additional stickers when necessary. (Ord. 871, passed 2-1-83; Am. Ord. 1633,
passed 4-20-04; Am. Ord. 08-05-06-03, passed 5-6-08)
76.20 Truck, trailer or commercial vehicle parking.
(A) No person shall park or leave standing any semi-trailer truck,
commercial vehicle, commercial trailer or combination thereof weighing or
licensed in excess of 12,000 pounds in any residential-zoned district as defined
by the city of Wilmington Zoning Ordinance.
(B) The prohibition imposed in
this section shall not apply to the parking or standing of said vehicles for the
purposes of delivering or picking up merchandise or delivering or picking up
materials or equipment to be used in the repair, alteration, remodeling or
construction of any building or structure for which a building permit has been
obtained. This prohibition shall also not apply to vehicles parked in enclosed
garages. (Ord. 1352, passed 12-19-00)
76.98 Parking violations.
(A) Upon finding any vehicle parked in violation of this chapter, any
police officer of the city or any other person authorized to enforce parking
violations may attach to the vehicle a notice to the owner or operator thereof
that the vehicle has been parked in violation of the provisions of this chapter
and shall instruct the owner or operator thereof to report to the city collector
at the city offices at the City Hall regarding each violation. Each vehicle
owner or operator found in violation of this chapter may satisfy the parking
violation by the following mean:
(1) Within thirty (30) days of the date of
violation, any owner or operator of a vehicle may settle and compromise the
claim for illegal parking by paying to the city collector the sum of twenty-five
($25.00) dollars for each violation. For purposes of this provision, the mailing
of the required amount, so long as postmarked within thirty (30) days, shall be
considered as paid within the thirty (30) day period.
(2) If not earlier
paid and within thirty-one (31) days and sixty (60) days from the date of the
violation, any owner or operator of a vehicle may settle and compromise the
claim for illegal parking by paying to the city collector the sum of fifty
($50.00) dollars for each violation. For purposes of this provision, the mailing
of the required amount, so long as postmarked within sixty (60) days, shall be
considered as paid within the sixty (60) day period.
(B) If an owner fails,
refuses or otherwise elects not to settle and timely pay the parking violation
to the city in the amount and within the time provided in subsection (A) hereof,
the city may initiate an ordinance violation proceeding in the circuit court of
Will County, Illinois, to enforce the provisions of this chapter and if
convicted, the owner shall be subject to the penalties provided in Section 76.99
of the Code of Ordinances.
(C) These subsections (A)(1) and (A)(2) of this
section shall not apply to persons parking a vehicle so as to obstruct the
entrance or exit of any place where police or fire department apparatus or other
emergency equipment is kept or housed, or parking a vehicle without appropriate
license or permit in a space assigned and limited to handicapped parking,
parking a vehicle so as to entirely obstruct traffic in any street or alley, or
parking in such a way as to reduce traffic on an arterial street to one-way
traffic only; to any person who refuses to move a vehicle illegally parked at
the request of any member of the police department, block an entrance to a
medical clinic. (Ord. 636, passed 9-15-70; Am. Ord. 832, passed 10-6-81; Am.
Ord. 1286, passed 6-16-98; Am. Ord. 08-05-20-08, passed 5-20-08) Penalty, see
Section 76.99
76.99 Penalty.
Any person, firm or corporation violating any provision in 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 which a violation occurs or continues. (Ord. 848, passed
4-6-82; Am. Ord. 957, passed 11-19-85; Am. Ord. 1286, passed 6-16-98; Am. Ord.
1317, passed 11-2-99; Ord. 1574, passed 7-15-03)
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