HomeMy WebLinkAboutORDINANCES-2012-099-O-12L�
9/6/2012
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AN ORDINANCE
Amending Title 10, Chapter 9 of the City Code,
Relating to Bicycle Use in Alleys in the City of Evanston
WHEREAS, Article VII, § 6 of the Illinois Constitution sets forth the
powers of home rule units of government, and the City of Evanston is a home rule unit
of government. Namely, a home rule unit may:
; and
... exercise any power and perform any function pertaining to its
government and affairs including, but not limited to, the power to regulate
for the protection of the public health, safety, morals, and welfare; to
license; to tax; and to incur debt.
WHEREAS, the powers of a home rule unit such as the City are to be
• construed liberally pursuant to Article VII, § 6(m) of the Illinois Constitution, and the
City's powers as a home rule authority are: "...to be given the broadest powers possible"
Scadron v. City of Des Plaines, 153 111.2d 164 (1992). A city's power to regulate and
license for the protection of public health and safety is drawn directly from the
Constitution, and any such power may only be expressly limited by the General
Assembly. Article VII, § 6(i) of the Illinois Constitution; 131 111.2d at 230; and
WHEREAS, the expansive grant of the home rule mandate in Article VII of
the Illinois Constitution is: "broad and imprecise in order to allow for great flexibility..."
City of Evanston v. Create, Inc., 85 111.2d 101 (1981)(Evanston's broadly construed
home rule powers confirmed that Evanston's residential landlord tenant ordinance was
0 constitutional). Indeed, the Supreme Court opined:
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The city of Evanston is a densely populated and highly urbanized
community... In accordance with the goals attempted to be achieved by
the creation of home rule, the local governing body can create an
ordinance specifically suited for the unique needs of its residents and is
keenly and uniquely aware of the needs of the community it serves.
Id. at 113; and
WHEREAS, statutes are presumed constitutional and the burden of
rebutting that presumption is on the party challenging the validity of the statute to clearly
demonstrate a constitutional violation. Napleton v. Village of Hinsdale, 229 111.2d 296,
306 (2008); and
WHEREAS, a court has a duty to uphold the constitutionality of a
statute/ordinance when reasonably possible, and if a statute's/ordinance's construction
is doubtful, the court will resolve the doubt in favor the statute's/ordinance's validity. Id.
citing to People ex rel. Sherman v. Cryns, 203 111.2d 264, 291 (2003); and
•
WHEREAS, the Illinois Supreme Court has long established that the
unconditional repeal of a statute without a savings clause stops all pending actions
where the repeal finds them. Atkins v. Deere and Company, 177 111.2d 222 (1997); and
WHEREAS, the City has the authority to adopt ordinances and to
promulgate rules and regulations that pertain to its government and affairs and that
protect the public health, safety, and welfare of its citizens; and
WHEREAS, pursuant to 65 ILCS 5/11-80-2 and -8, the City may regulate
the use of alleys; and
WHEREAS, pursuant to the Local Government and Governmental
Employees Tort Immunity Act, 745 ILCS 10/3-102(a), the City is immune for liability for
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• injuries sustained by any bicyclist that is not an intended and permitted user of certain
City property, see also Khalil v. City of Chicago, 283 1II.App.3d 161 (1 st Dist. 1996); and
WHEREAS, pursuant to Boub v. Township of Wayne, 183 111.2d 520, 529
(1998), the legislative intent and judgment of the City of Evanston, as expressed in this
Ordinance amending Title 10 of the City Code, is to state that bicyclists are not intended
users of an alley, such expression which is controlling; and
WHEREAS, due to the 41.5 miles of paved alleys and 28.25 miles of
unpaved alleys in the City of Evanston, it would be fiscally impracticable to upgrade and
maintain all alleys to meet the special requirements of bicyclists operating bicycles in
alleys; and
WHEREAS, it is necessary to clarify the City Code concerning bicycle use
in City alleys; and
WHEREAS, the Illinois Vehicle Code, 625 ILCS 5/1-100 et seq.,
specifically defines and ascribes different meanings to the words "bicycle," 625 ILCS
5/1-106, and "vehicle," 625 ILCS 5/1-217, such that the definition of vehicle excludes
bicycles, and therefore as a matter of Illinois law, for many years individuals operating
bicycles in Evanston have not and are not intended users of alleys; and
WHEREAS, the City of Evanston distinguishes between bicycles and
vehicles in the City Code, and this Ordinance codifies the distinctions between bicycles
and vehicles; and
WHEREAS, the City Council considered and adopted this Ordinance
pursuant to its home rule, regulatory, and police powers, and, following its deliberations,
• adopted this Ordinance that is rationally related to legitimate government purposes; and
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WHEREAS, it is well -settled law in Illinois that the legislative judgment of •
the City Council must be considered presumptively valid, see Glenview State Bank v.
Village of Deerfield, 213 III.App.3d 747.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That the foregoing recitals are found as fact and
incorporated herein by reference.
SECTION 2: That Title 10, Chapter 9 of the City Code is hereby amended
as follows:
10-9-1: - DEFINITIONS:
The following definitions shall apply in the interpretation and enforcement of this
chapter:
ADULT: Anyone seventeen (17) years of age or older. •
BICYCLE: Every device, other than a vehicle, propelled by human power upon
which any person may ride, having two (2) tandem wheels either of which
is more than sixteen inches (16") in diameter, except scooters and similar
devices.
FAMILY: A unit which conforms to any of the definitions set forth in section 6-18-3
of this code. l
JUVENILE: Anyone under the age of sixteen (16) years of age.
ROADWAY: 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.
10-9-2: - REGISTRATION REQUIRED; ISSUANCE:
Persons who reside within the city and operate their bicycles on the public way shall
register their bicycles by making application to the chief of police on a form provided by
the city and shall pay a fee of fifty cents ($0.50), and shall receive a license upon
approval by the licensing authority. The license shall be permanently affixed to the left
side of the vertical section of the frame under the seat. Licenses expire upon transfer of
ownership, except when the transfer occurs within a family. •
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• No person shall willfully remove, destroy or alter the manufacturer's serial number or
any number used for registration or any bicycle license on any bicycle frame.
10-9-3: - UNREGISTERED BICYCLES:
The chief of police or his designee shall ticket unregistered bicycles. Upon receipt of
proof of ownership and evidence of payment of the registration fee, a permanent
registration plate shall be affixed to the bicycles and the ticket may be voided. Bicycles
unclaimed by owner may be disposed of pursuant to section 9-7-3 of this code.
10-9-4: - OPERATION:
(A) Every person operating a bicycle upon a roadway shall be granted all the rights
and be subject to all of the duties applicable to the operator of a vehicle by the
laws of this state except as to special regulations in this chapter and those
provisions which by their nature have no application.
(B) Every person operating a bicycle upon the roadway at less than normal speed of
traffic shall ride as close as practicable to the right hand curb or edge of the
roadway except when passing another vehicle proceeding in the same direction,
when preparing for a turn, or when reasonably necessary to avoid conditions that
make it unsafe to continue along the right hand curb or edge.
• (C) No bicycle riding on sidewalks is permitted in the central business district
designated as D1, D2 and D3 districts in the proposed Evanston zoning
ordinance or in any other district where signs prohibiting sidewalk riding are
posted. When riding on sidewalks where permitted, such person shall yield the
right of way to any pedestrian, shall give an audible signal before overtaking and
passing such pedestrian, and shall have the bicycle under control at all times.
(D) The operator of a bicycle shall not suddenly stop, slow down or turn without
giving a legal arm signal. A continuous arm signal need not be given if the hand
is needed in the control or continuous operation of the bicycle.
(E) No bicycle shall be operated if its mechanical condition shall impair the safe
operation of the bicycle.
(F) No person shall operate a bicycle at a speed or in a reckless manner such that
the safety of others is endangered.
(G) No bicycle shall be used to carry more persons at one time than the number for
which it is designed and equipped.
• (H) No person operating a bicycle shall carry any package, bundle or article which
prevents the use of both hands upon the handlebars or obstructs the operator's
vision.
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(1) No person while operating a bicycle shall cling or attach himself or the bicycle to •
any other moving vehicle or object.
(J) No bicycles shall be operated on a public roadway so as to obstruct motor
vehicle traffic.
(K) No person shall ride a bicycle on a public roadway or sidewalk while using any
. device which would impede awareness of auditory or visual warning signals.
(L) No person shall ride a bicycle on a public roadway or sidewalk in a reckless
manner, such as riding on one wheel or performing any other stunts.
(M) Any person operating or riding a bicycle in any alley in the City of Evanston
assumes the risk of operating that bicycle in any alley as that person shall not be
considered to be an intended user of an alley. The City shall have no duty to
upgrade and maintain alleys for purposes of bicyclists operating bicycles in
alleys. Persons operating or riding a bicycle as an unintended user in an alley
will not be liable for any fine under this subsection.
10-9-5: - EQUIPMENT:
(A) Brakes: Every bicycle shall be equipped with a brake or brakes in good working
order which will enable the operator to stop the bicycle within twenty five feet •
(25') from a speed of ten (10) miles per hour on dry, level, clean pavement.
(B) Lamp; Reflector: No person may operate a bicycle on a public roadway, bicycle
lane, or sidewalk during hours of darkness unless such bicycle is equipped with,
or the operator is wearing, a lamp emitting a white light visible at least five
hundred feet (500') to the front; and such bicycle shall also be equipped with a
red reflector visible from a distance of five hundred feet (500') to the rear.
(C) Siren Or Whistle Prohibited: A bicycle shall not be equipped with, nor shall any
person use upon a bicycle, any siren or whistle.
(D) Helmets: Every person under the age of eighteen (18) years shall wear a
protective helmet that meets the standards promulgated by either the American
National Standards Institute, the American Society for Testing, or the Snell
Memorial Foundation, Inc., whenever that person is upon a public highway,
sidewalk, bicycle path or other public right of way within the corporate limits of
the city and is riding or being carried on any bicycle or any carrier attached to or
pulled by a bicycle.
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• 10-9-6: - PARKING:
No person shall park any bicycle in such a manner as to constitute a hazard to
pedestrians, traffic or property.
10-9-7: - BICYCLE ROUTES:
The traffic engineer, by and with the consent of the city council, is authorized to
designate certain streets or portions thereof as bicycle routes and/or may prohibit
bicycle traffic. Upon such designation, signs shall be erected giving notice thereof. No
person may ride upon a street, roadway or sidewalk upon which is posted a sign
prohibiting bicycle traffic. Bicyclists operating or riding bicycles in an alley are not
intended users of the alley.
10-9-8: - RENTAL AGENCIES:
A rental agency shall not rent or offer any bicycle for rent unless the rental agency
properly registers the bicycle, attaches a license thereto, and such bicycle is equipped
with the equipment required for safe operation.
10-9-9: - RESPONSIBILITY OF PARENT:
The parent or guardian of any juvenile shall not permit said juvenile to violate any of the
• provisions of this chapter. The parent shall cooperate with the police department in
achieving compliancy with bicycle safety rules with said juvenile violator in his care.
10-9-10: - PENALTIES:
Any person who violates any of the provisions of this chapter shall be subject to the
following penalties:
(A) The violator will be given a leaflet on bicycle safety and asked to comply with
bicycle regulations, or
(B) For violators under the age of seventeen (17), a letter of reprimand shall be
addressed to the offender and the parents/guardian of the offender. In addition, a
warning or a ticket may be issued, if appropriate, or
(C) Offenders may be subject to a fine in accordance with motor vehicle laws,
provided that said fines are not less than ten dollars ($10.00) and not more than
one hundred dollars ($100.00) for each violation, or
(D) For violations of subsections 10-9-4(A), (B), (D), (E) and (G) through (L) of this
• chapter which the issuing officer determines that a court appearance is not
required, fine is ten dollars ($10.00), with an additional penalty of five dollars
($5.00) if paid after the expiration of ten (10) days from the day the ticket was
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issued. If the officer determines that a court appearance is in order, e.g., because
of the particular circumstances and/or because of the offender's history of bicycle
related violations, the minimum fine shall be twenty five dollars ($25.00) and the
maximum shall be five hundred dollars ($500.00).
(E) For violation of subsection 10-9-4(C) of this chapter, in which the issuing officer
determines that a court appearance is not required, the fine is fifteen dollars
($15.00), with an additional ten dollars ($10.00) if paid after the expiration of ten
(10) days from the day the ticket was issued.. If the officer determines that a court
appearance is in order, e.g., because of the particular circumstances and/or
because of the offender's history or bicycle related violations, the minimum fine
shall be thirty five dollars ($35.00) and the maximum shall be five hundred dollars
($500.00).
(F) For violation of subsection 10-9-4(F) of this chapter, in which the issuing officer
determines that a court appearance is not required, the fine is twenty five dollars
($25.00) with an additional ten dollars ($10.00), if paid after the expiration of ten
(10) days from the day the ticket was issued. If the officer determines that a court
appearance is in order, the minimum fine shall be fifty dollars ($50.00) and the
maximum shall be five hundred dollars ($500.00).
10-9-11: - ENFORCEMENT:
The chief of police and/or his designee has the power and responsibility for the •
enforcement of bicycle regulations.
SECTION 3: That Title 10, Chapter 1, Section 3 of the City Code is
hereby amended as follows:
10-1-3: - DEFINITIONS:
The following words and phrases when used in this title shall, for the purposes of this
title, have the meanings respectively ascribed to them in this section, except when the
context otherwise requires; in the event that no definition is provided herein for a word
or phrase used in this title, the meaning shall be determined by reference to the Illinois
Motor Vehicle Code, 625 ILCS 5/ et seq., as amended.
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, other than a vehicle, propelled by human power upon
which any person may ride, having two (2) tandem wheels either of
which is more than sixteen inches (16") in diameter, except scooters
and similar devices.
BUSINESS The territory contiguous to and including a street when within any six
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• DISTRICT:
hundred feet (600') along such street 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 three hundred feet (300') of frontage on one side or
three hundred feet (300') collectively on both sides of the street.
COMMERCIAL
Any vehicle operated for the transportation of persons or property in the
VEHICLE:
furtherance of any commercial or industrial enterprise, for hire or not for
hire, not including, however, a recreational vehicle not being used
commercially.
CONTROLLED
Every highway, street or roadway in respect to which owners or
ACCESS
occupants of abutting lands and other persons have no legal right of
HIGHWAY:
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.
CROSSWALK:
(A) That part of a roadway at an intersection included within the
connections of the 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 placed in accordance with the provisions in the manual adopted
by the Illinois Department of Transportation, as authorized in ILCS
5/11-301 of the vehicle code.
DEALER:
Every person engaged in the business of buying, selling or exchanging
vehicles and who has an established place of business for such
purpose in this state.
DRIVER OR
Every person who drives or is in actual physical control of a vehicle.
OPERATOR:
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.
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 two (2) highways which join one another at, or
approximately at, right angles or the area within which vehicles
traveling upon different roadways joining at any other angle may come
in conflict.
(B) Where a highway includes two (2) roadways forty feet (40') or more
apart, then every crossing of each roadway of such divided highway by
an intersecting highway shall be regarded as a separate intersection.
(C) The junction of an alley with a street or highway does not constitute
an intersection.
LANED
A roadway which is divided into two (2) or more clearly marked lanes
• ROADWAY:
for vehicular traffic.
LOADING ZONE:
The space adjacent to a curb reserved for the exclusive use of vehicles
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during the loading or unloading of passengers or material.
MERGING
A maneuver executed by the drivers of vehicles on converging
TRAFFIC:
roadways to permit 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.
MOTOR
A device capable of being propelled by human and motorized power.
ASSISTED:
MOTOR
A device capable of being propelled by both human and motorized
ASSISTED
power upon which any person may ride, having two (2) tandem wheels.
BICYCLE:
MOTOR
A pedal driven device capable of being propelled by human and
ASSISTED
motorized power upon which any person may ride, having two (2)
PEDICYCLE:
tandem wheels.
MOTOR
Every vehicle which is self-propelled, but not operated upon rails.
VEHICLE:
MOTORCYCLE:
Every motor vehicle having a seat or saddle for the use of the rider and
designed to travel on not more than three (3) wheels in contact with the
ground, but excluding a tractor.
MOTORIZED
Devices worn on the feet with a combination of wheels which are
ROLLER-
motorized. This definition includes devices commonly known as in -line
SKATES:
skates.
MOTORIZED
Any electric or gas driven wheeled scooter, motor driven cycle, or other
SCOOTER:
similar motor driven vehicle for which the state of Illinois does not issue
a title document, and does not issue license plates or registration
documents.
MOTORIZED
Devices with two (2) or more tandem axles and a combination of
SKATE -BOARDS:
wheels connected by a platform designed for standing which are
motorized.
NATIONAL
January 1, the third Monday in January (Martin Luther King Day),the
HOLIDAY:
last Monday in May (Memorial Day), July 4, the first Monday in
September (Labor Day), the fourth Thursday in November
(Thanksgiving Day) and December 25. When a holiday falls on a
Saturday it shall be observed on the previous Friday. When a holiday
falls on a Sunday it shall be observed on the following Monday.
NEGLIGENT:
Without due care and caution, or without due regard to the width,
grade, curves, corners, traffic and other attendant conditions of streets,
highways, roads or other ways used for vehicular traffic within the city
limits.
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 condition 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 such conditional vendee or lessee or
mortgagor shall be deemed the owner for the purposes of this title.
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• PARK OR
The standing of a vehicle, whether occupied or not, otherwise than
PARKING:
when temporarily and actually engaged in loading or unloading
merchandise or passengers.
PASSENGER
A motor vehicle, not a truck or recreational vehicle, designed for the
VEHICLE:
carrying of not more than ten (10) persons.
PEDESTRIAN:
Any person afoot.
PERSON:
Every natural person, firm, copartnership, association or corporation.
POLICE
Every officer authorized to direct or regulate traffic or to make arrests
OFFICER:
for violations of traffic regulations.
PRINCIPAL
The place where any person transacts his principal business, or where
PLACE OF
he makes up and approves his payroll, maintains a central file of
BUSINESS:
records and maintains his principal executive offices. In the event that
not all of these functions are performed in one place, then that place
where a majority of such functions are performed or the place where
such person does in fact principally transact and control his business
affairs.
PRIVATE ROAD
Every way or place in private ownership and used for vehicular travel
OR DRIVEWAY:
by the owner and those having express or implied permission from the
owner but not by other persons.
RAILROAD:
A carrier of persons or property upon cars, other than streetcars,
operated upon stationary rails.
RAILROAD SIGN
Any sign, signal or device other than an official traffic control device
OR SIGNAL:
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
A steam engine, electric or other motor, with or without cars coupled
TRAIN:
thereto, operated upon rails, except streetcars.
RECKLESSNESS:
A person is reckless or acts recklessly when he consciously disregards
a substantial and unjustifiable risk that circumstances exist or that a
result will follow and such disregard constitutes a gross deviation from
the standard of care which a reasonable person would exercise in the
situation. Actual damage to person or property is not a prerequisite to a
determination that a person acted "recklessly".
RECREATIONAL
Every vehicle originally designed or permanently converted and used
VEHICLE:
for living quarters or for human habitation and not used as a
commercial vehicle, including any house car, house trailer, camper or
private living coach.
RESIDENCE
The territory contiguous to and including a street not comprising a
DISTRICT:
business district when the property on such street for a distance of
three hundred feet (300') or more is in the main improved with
residences or residences and buildings in use for business.
RIGHT OF WAY:
The right of one vehicle or pedestrian to proceed in a lawful manner in
to another vehicle or pedestrian approaching under such
is
circumstances of direction, speed and proximity as to give rise to
circumstances
danger of collision unless one grants precedence to the other.
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ROAD TRACTOR: Every motor vehicle designed and used for drawing other vehicles and
not so constructed as to carry any load thereon either independently or
any part of the weight of a vehicle or load so drawn.
ROADWAY: That portion of a street improved, designed or ordinarily used for
vehicular travel, exclusive of the berm or shoulder. In the event a street
includes two (2) or more separate roadways, the term "roadway" as
used herein shall refer to any such roadway separately, but not to all
such roadways collectively.
SAFETY ZONE: The area or space officially set apart within a roadway for the exclusive
use of pedestrians and which is protected or is so marked or indicated
by adequate signs as to be plainly visible at all times while set apart as
a safety zone.
SCHOOL BUS: Every motor vehicle owned or operated by or for a public or
governmental agency or by or for a private or religious organization for
the transportation of pupils in connection with any school activity.
SEMITRAILER: Every vehicle without motive power designed for carrying persons or
property and for being drawn by a motor vehicle and so constructed
that some part of its weight and that of its load rests upon or is carried
by another vehicle.
SIDEWALK: That portion of a street between the curb line, or the lateral lines of
roadway, and the adjacent property line intended for the use of
pedestrians.
STAND OR Halting of a vehicle, whether occupied or not, otherwise than when
STANDING: temporarily and actually engaged in receiving or discharging 40
passengers.
STOP: When required, means complete cessation from movement.
STREET: The entire width between boundary lines of every way publicly
maintained when any part thereof is open to the use of the public for
purposes of vehicular travel.
TAXICAB: Any public passenger vehicle transporting passengers for hire on a trip
basis to or from a destination as directed by the passenger. The vehicle
must be equipped with a taximeter.
THROUGH Every highway or portion thereof on which vehicular traffic is given
STREET OR preferential right of way, and at the entrances to which vehicular traffic
HIGHWAY: from intersecting highways is required by law to yield the right of way to
vehicles on such through highway in obedience to either a stop sign or
a yield sign, when such signs are erected as provided in this title.
TRAFFIC: Pedestrians, ridden or herded animals, vehicles and other
conveyances, either singly or together, while using any street for
purposes of travel.
TRAFFIC Any sign or marking erected, installed, painted or affixed to or adjacent
CONTROL to a roadway or entries to roadways giving notice to vehicle operators
DEVICE: of the existence of restrictions on the use, movement, parking or
standing of any motor vehicle, pursuant to the provisions of this title or
the Illinois vehicle code [247].
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TRAFFIC
Any device whether manually, electrically or mechanically operated, by
CONTROL
which traffic is alternately directed to stop and to proceed.
SIGNAL:
TRAILER:
Every vehicle without motive power in operation, 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.
TRUCK:
Every motor vehicle designed, used or maintained primarily for the
transportation of property.
TRUCK
Every motor vehicle designed and used primarily for drawing other
TRACTOR:
vehicles and not so constructed as to carry a load other than a part of
the weight of the vehicle and load so drawn.
VEHICLE:
Every device in, upon or by which any person or property is or may be
transported or drawn upon a street, except devices moved by human
power or used exclusively upon stationary rails or tracks.
YIELD RIGHT OF
When required by an official sign, means the act of granting the
WAY:
privilege of the immediate use of the intersecting roadway to traffic
within the intersection and to vehicles approaching from the right or left,
but when the roadway is clear, may proceed into the intersection.
SECTION 4: That if any provision of this ordinance or application thereof
• to any person or circumstance is ruled unconstitutional or otherwise invalid, such
invalidity shall not affect other provisions or applications of this ordinance that can be
given effect without the invalid application or provision, and each invalid provision or
invalid application of this ordinance is severable. The terms and provisions of this
Chapter shall be liberally construed so as to effectuate the purposes set forth in this
Ordinance. Each and every recital and legislative finding regarding this Chapter is to be
construed and interpreted severally.
SECTION 5: That all ordinances or parts of ordinances in conflict
herewith are hereby unconditionally repealed in their entirety. It is the intent of the
City of Evanston City Council that this repeal of all prior ordinances shall operate as a
• bar to any action accruing on or after the effective date of this Ordinance. No action
accruing after the effective date of this Ordinance may be maintained.
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SECTION 6: That this Ordinance 99-0-12 shall be in full force and
effective as of June 1, 2010, nunc pro tunc.
SECTION 7: That in accordance with the Tort Immunity Act, 745 ILCS
10/3-102(b), the City shall not be deemed to have constructive notice of a condition in
an alley as it pertains to unintended bicyclists in alleys, because the City does not
maintain an inspection system to discover a condition which may affect unintended
bicyclists in alleys.
SECTION 8: That the findings and recitals contained herein are declared
to be prima facie evidence of the law of the City and shall be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
Introduced;jD1nbP�t , 2012 Approved:
Adopted: , 2012�-zr , 2012
Attest:
R#ney G ene, City Clerk
Eliz 0b th B. Tisdahl, Mayor
Approved as to form:
W. Grant Farrar, Corporation Counsel
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