103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5435

 

Introduced 2/9/2024, by Rep. Jennifer Sanalitro

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-208  from Ch. 95 1/2, par. 11-208

    Amends the Illinois Vehicle Code. Provides that a unit of local government, including a home rule unit, may not enact an ordinance providing for a noise monitoring system upon any portion of its roadways (removing language allowing the City of Chicago to enact an ordinance providing for a noise monitoring system upon any portion of the roadway known as Lake Shore Drive). Makes changes to the definition of "noise monitoring system".


LRB103 38552 MXP 68688 b

 

 

A BILL FOR

 

HB5435LRB103 38552 MXP 68688 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by
5changing Section 11-208 as follows:
 
6    (625 ILCS 5/11-208)  (from Ch. 95 1/2, par. 11-208)
7    Sec. 11-208. Powers of local authorities.
8    (a) The provisions of this Code shall not be deemed to
9prevent local authorities with respect to streets and highways
10under their jurisdiction and within the reasonable exercise of
11the police power from:
12        1. Regulating the standing or parking of vehicles,
13    except as limited by Sections 11-1306 and 11-1307 of this
14    Act;
15        2. Regulating traffic by means of police officers or
16    traffic control signals;
17        3. Regulating or prohibiting processions or
18    assemblages on the highways; and certifying persons to
19    control traffic for processions or assemblages;
20        4. Designating particular highways as one-way highways
21    and requiring that all vehicles thereon be moved in one
22    specific direction;
23        5. Regulating the speed of vehicles in public parks

 

 

HB5435- 2 -LRB103 38552 MXP 68688 b

1    subject to the limitations set forth in Section 11-604;
2        6. Designating any highway as a through highway, as
3    authorized in Section 11-302, and requiring that all
4    vehicles stop before entering or crossing the same or
5    designating any intersection as a stop intersection or a
6    yield right-of-way intersection and requiring all vehicles
7    to stop or yield the right-of-way at one or more entrances
8    to such intersections;
9        7. Restricting the use of highways as authorized in
10    Chapter 15;
11        8. Regulating the operation of mobile carrying
12    devices, bicycles, low-speed electric bicycles, and
13    low-speed gas bicycles, and requiring the registration and
14    licensing of same, including the requirement of a
15    registration fee;
16        9. Regulating or prohibiting the turning of vehicles
17    or specified types of vehicles at intersections;
18        10. Altering the speed limits as authorized in Section
19    11-604;
20        11. Prohibiting U-turns;
21        12. Prohibiting pedestrian crossings at other than
22    designated and marked crosswalks or at intersections;
23        13. Prohibiting parking during snow removal operation;
24        14. Imposing fines in accordance with Section
25    11-1301.3 as penalties for use of any parking place
26    reserved for persons with disabilities, as defined by

 

 

HB5435- 3 -LRB103 38552 MXP 68688 b

1    Section 1-159.1, or veterans with disabilities by any
2    person using a motor vehicle not bearing registration
3    plates specified in Section 11-1301.1 or a special decal
4    or device as defined in Section 11-1301.2 as evidence that
5    the vehicle is operated by or for a person with
6    disabilities or a veteran with a disability;
7        15. Adopting such other traffic regulations as are
8    specifically authorized by this Code; or
9        16. Enforcing the provisions of subsection (f) of
10    Section 3-413 of this Code or a similar local ordinance.
11    (b) No ordinance or regulation enacted under paragraph 1,
124, 5, 6, 7, 9, 10, 11 or 13 of subsection (a) shall be
13effective until signs giving reasonable notice of such local
14traffic regulations are posted.
15    (c) The provisions of this Code shall not prevent any
16municipality having a population of 500,000 or more
17inhabitants from prohibiting any person from driving or
18operating any motor vehicle upon the roadways of such
19municipality with headlamps on high beam or bright.
20    (d) The provisions of this Code shall not be deemed to
21prevent local authorities within the reasonable exercise of
22their police power from prohibiting, on private property, the
23unauthorized use of parking spaces reserved for persons with
24disabilities.
25    (e) No unit of local government, including a home rule
26unit, may enact or enforce an ordinance that applies only to

 

 

HB5435- 4 -LRB103 38552 MXP 68688 b

1motorcycles if the principal purpose for that ordinance is to
2restrict the access of motorcycles to any highway or portion
3of a highway for which federal or State funds have been used
4for the planning, design, construction, or maintenance of that
5highway. No unit of local government, including a home rule
6unit, may enact an ordinance requiring motorcycle users to
7wear protective headgear. Nothing in this subsection (e) shall
8affect the authority of a unit of local government to regulate
9motorcycles for traffic control purposes or in accordance with
10Section 12-602 of this Code. No unit of local government,
11including a home rule unit, may regulate motorcycles in a
12manner inconsistent with this Code. This subsection (e) is a
13limitation under subsection (i) of Section 6 of Article VII of
14the Illinois Constitution on the concurrent exercise by home
15rule units of powers and functions exercised by the State.
16    (e-5) A unit of local government, including a home rule
17unit, The City of Chicago may not enact an ordinance providing
18for a noise monitoring system upon any portion of its
19roadways. the roadway known as Lake Shore Drive. Twelve months
20after the installation of the noise monitoring system, and any
21time after the first report as the City deems necessary, the
22City of Chicago shall prepare a noise monitoring report with
23the data collected from the system and shall, upon request,
24make the report available to the public. For purposes of this
25subsection (e-5), "noise monitoring system" means an automated
26noise monitor capable of recording noise levels 24 hours per

 

 

HB5435- 5 -LRB103 38552 MXP 68688 b

1day and 365 days per year with computer equipment or human
2review of the recorded footage sufficient to process the data.
3    (e-10) A unit of local government, including a home rule
4unit, may not enact an ordinance prohibiting the use of
5Automated Driving System equipped vehicles on its roadways.
6Nothing in this subsection (e-10) shall affect the authority
7of a unit of local government to regulate Automated Driving
8System equipped vehicles for traffic control purposes. No unit
9of local government, including a home rule unit, may regulate
10Automated Driving System equipped vehicles in a manner
11inconsistent with this Code. For purposes of this subsection
12(e-10), "Automated Driving System equipped vehicle" means any
13vehicle equipped with an Automated Driving System of hardware
14and software that are collectively capable of performing the
15entire dynamic driving task on a sustained basis, regardless
16of whether it is limited to a specific operational domain.
17This subsection (e-10) is a limitation under subsection (i) of
18Section 6 of Article VII of the Illinois Constitution on the
19concurrent exercise by home rule units of powers and functions
20exercised by the State.
21    (f) A municipality or county designated in Section
2211-208.6 may enact an ordinance providing for an automated
23traffic law enforcement system to enforce violations of this
24Code or a similar provision of a local ordinance and imposing
25liability on a registered owner or lessee of a vehicle used in
26such a violation.

 

 

HB5435- 6 -LRB103 38552 MXP 68688 b

1    (g) A municipality or county, as provided in Section
211-1201.1, may enact an ordinance providing for an automated
3traffic law enforcement system to enforce violations of
4Section 11-1201 of this Code or a similar provision of a local
5ordinance and imposing liability on a registered owner of a
6vehicle used in such a violation.
7    (h) A municipality designated in Section 11-208.8 may
8enact an ordinance providing for an automated speed
9enforcement system to enforce violations of Article VI of
10Chapter 11 of this Code or a similar provision of a local
11ordinance.
12    (i) A municipality or county designated in Section
1311-208.9 may enact an ordinance providing for an automated
14traffic law enforcement system to enforce violations of
15Section 11-1414 of this Code or a similar provision of a local
16ordinance and imposing liability on a registered owner or
17lessee of a vehicle used in such a violation.
18(Source: P.A. 100-209, eff. 1-1-18; 100-257, eff. 8-22-17;
19100-352, eff. 6-1-18; 100-863, eff. 8-14-18; 101-123, eff.
207-26-19.)