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90_HB0133
625 ILCS 5/11-208 from Ch. 95 1/2, par. 11-208
625 ILCS 5/11-209 from Ch. 95 1/2, par. 11-209
Amends the Illinois Vehicle Code. Provides that
provisions of this Code shall not be deemed to prevent local
authorities from prohibiting the unauthorized use of parking
spaces reserved for persons with disabilities on private
property. Provides that provisions concerning the powers of
municipalities and counties and contracts with certain
entities and people for regulation of traffic shall not be
deemed to prevent local authorities from enforcing, on
private property, local ordinances imposing fines as
penalties for the unauthorized use of parking spaces reserved
for persons with disabilities or disabled veterans.
LRB9000393NTsb
LRB9000393NTsb
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Sections 11-208 and 11-209.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Sections 11-208 and 11-209 as follows:
7 (625 ILCS 5/11-208) (from Ch. 95 1/2, par. 11-208)
8 Sec. 11-208. Powers of local authorities.
9 (a) The provisions of this Code shall not be deemed to
10 prevent local authorities with respect to streets and
11 highways under their jurisdiction and within the reasonable
12 exercise of the police power from:
13 1. Regulating the standing or parking of vehicles,
14 except as limited by Section 11-1306 of this Act;
15 2. Regulating traffic by means of police officers
16 or traffic control signals;
17 3. Regulating or prohibiting processions or
18 assemblages on the highways;
19 4. Designating particular highways as one-way
20 highways and requiring that all vehicles thereon be moved
21 in one specific direction;
22 5. Regulating the speed of vehicles in public parks
23 subject to the limitations set forth in Section 11-604;
24 6. Designating any highway as a through highway, as
25 authorized in Section 11-302, and requiring that all
26 vehicles stop before entering or crossing the same or
27 designating any intersection as a stop intersection or a
28 yield right-of-way intersection and requiring all
29 vehicles to stop or yield the right-of-way at one or more
30 entrances to such intersections;
31 7. Restricting the use of highways as authorized in
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1 Chapter 15;
2 8. Regulating the operation of bicycles and
3 requiring the registration and licensing of same,
4 including the requirement of a registration fee;
5 9. Regulating or prohibiting the turning of
6 vehicles or specified types of vehicles at intersections;
7 10. Altering the speed limits as authorized in
8 Section 11-604;
9 11. Prohibiting U-turns;
10 12. Prohibiting pedestrian crossings at other than
11 designated and marked crosswalks or at intersections;
12 13. Prohibiting parking during snow removal
13 operation;
14 14. Imposing fines in accordance with Section
15 11-1301.3 as penalties for use of any parking place
16 reserved for persons with disabilities, as defined by
17 Section 1-159.1, or disabled veterans by any person using
18 a motor vehicle not bearing registration plates specified
19 in Section 11-1301.1 or a special decal or device as
20 defined in Section 11-1301.2 as evidence that the vehicle
21 is operated by or for a person with disabilities or
22 disabled veteran; or
23 15. Adopting such other traffic regulations as are
24 specifically authorized by this Code.
25 (b) No ordinance or regulation enacted under subsections
26 1, 4, 5, 6, 7, 9, 10, 11 or 13 of paragraph (a) shall be
27 effective until signs giving reasonable notice of such local
28 traffic regulations are posted.
29 (c) The provisions of this Code shall not prevent any
30 municipality having a population of 500,000 or more
31 inhabitants from prohibiting any person from driving or
32 operating any motor vehicle upon the roadways of such
33 municipality with headlamps on high beam or bright.
34 (d) The provisions of this Code shall not be deemed to
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1 prevent local authorities within the reasonable exercise of
2 their police power from prohibiting, on private property, the
3 unauthorized use of parking spaces reserved for persons with
4 disabilities.
5 (Source: P.A. 88-685, eff. 1-24-95.)
6 (625 ILCS 5/11-209) (from Ch. 95 1/2, par. 11-209)
7 Sec. 11-209. Powers of municipalities and counties -
8 Contract with school boards, hospitals, churches, condominium
9 complex unit owners' associations, and shopping center and
10 apartment complex owners for regulation of traffic.
11 (a) The corporate authorities of any municipality or the
12 county board of any county, and a school board, hospital,
13 church, condominium complex unit owners' association, or
14 owner of any shopping center or apartment complex which
15 controls a parking area located within the limits of the
16 municipality, or outside the limits of the municipality and
17 within the boundaries of the county, may, by contract,
18 empower the municipality or county to regulate the parking of
19 automobiles and the traffic at such parking area. Such
20 contract shall empower the municipality or county to
21 accomplish all or any part of the following:
22 1. The erection of stop signs, flashing signals,
23 person with disabilities parking area signs or yield
24 signs at specified locations in a parking area and the
25 adoption of appropriate regulations thereto pertaining,
26 or the designation of any intersection in the parking
27 area as a stop intersection or as a yield intersection
28 and the ordering of like signs or signals at one or more
29 entrances to such intersection, subject to the provisions
30 of this Chapter.
31 2. The prohibition or regulation of the turning of
32 vehicles or specified types of vehicles at intersections
33 or other designated locations in the parking area.
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1 3. The regulation of a crossing of any roadway in
2 the parking area by pedestrians.
3 4. The designation of any separate roadway in the
4 parking area for one-way traffic.
5 5. The establishment and regulation of loading
6 zones.
7 6. The prohibition, regulation, restriction or
8 limitation of the stopping, standing or parking of
9 vehicles in specified areas of the parking area.
10 7. The designation of safety zones in the parking
11 area and fire lanes.
12 8. Providing for the removal and storage of
13 vehicles parked or abandoned in the parking area during
14 snowstorms, floods, fires, or other public emergencies,
15 or found unattended in the parking area, (a) where they
16 constitute an obstruction to traffic, or (b) where
17 stopping, standing or parking is prohibited, and for the
18 payment of reasonable charges for such removal and
19 storage by the owner or operator of any such vehicle.
20 9. Providing that the cost of planning,
21 installation, maintenance and enforcement of parking and
22 traffic regulations pursuant to any contract entered into
23 under the authority of this paragraph (a) of this Section
24 be borne by the municipality or county, or by the school
25 board, hospital, church, property owner, apartment
26 complex owner, or condominium complex unit owners'
27 association, or that a percentage of the cost be shared
28 by the parties to the contract.
29 10. Causing the installation of parking meters on
30 the parking area and establishing whether the expense of
31 installing said parking meters and maintenance thereof
32 shall be that of the municipality or county, or that of
33 the school board, hospital, church, condominium complex
34 unit owners' association, shopping center or apartment
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1 complex owner. All moneys obtained from such parking
2 meters as may be installed on any parking area shall
3 belong to the municipality or county.
4 11. Causing the installation of parking signs in
5 accordance with Section 11-301 in areas of the parking
6 lots covered by this Section and where desired by the
7 person contracting with the appropriate authority listed
8 in paragraph (a) of this Section, indicating that such
9 parking spaces are reserved for persons with
10 disabilities.
11 12. Contracting for such additional reasonable
12 rules and regulations with respect to traffic and parking
13 in a parking area as local conditions may require for the
14 safety and convenience of the public or of the users of
15 the parking area.
16 (b) No contract entered into pursuant to this Section
17 shall exceed a period of 20 years. No lessee of a shopping
18 center or apartment complex shall enter into such a contract
19 for a longer period of time than the length of his lease.
20 (c) Any contract entered into pursuant to this Section
21 shall be recorded in the office of the recorder in the county
22 in which the parking area is located, and no regulation made
23 pursuant to the contract shall be effective or enforceable
24 until 3 days after the contract is so recorded.
25 (d) At such time as parking and traffic regulations have
26 been established at any parking area pursuant to the contract
27 as provided for in this Section, then it shall be a petty
28 offense for any person to do any act forbidden or to fail to
29 perform any act required by such parking or traffic
30 regulation. If the violation is the parking in a parking
31 space reserved for persons with disabilities under paragraph
32 (11) of this Section, by a person without special
33 registration plates issued to a person with disabilities, as
34 defined by Section 1-159.1, pursuant to Section 3-616 of this
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1 Code, or to a disabled veteran pursuant to Section 3-609 of
2 this Code, the local police of the contracting corporate
3 municipal authorities shall issue a parking ticket to such
4 parking violator and issue a fine in accordance with Section
5 11-1301.3.
6 (e) The term "shopping center", as used in this Section,
7 means premises having one or more stores or business
8 establishments in connection with which there is provided on
9 privately-owned property near or contiguous thereto an area,
10 or areas, of land used by the public as the means of access
11 to and egress from the stores and business establishments on
12 such premises and for the parking of motor vehicles of
13 customers and patrons of such stores and business
14 establishments on such premises.
15 (f) The term "parking area", as used in this Section,
16 means an area, or areas, of land near or contiguous to a
17 school, church, or hospital building, shopping center,
18 apartment complex, or condominium complex, but not the public
19 highways or alleys, and used by the public as the means of
20 access to and egress from such buildings and the stores and
21 business establishments at a shopping center and for the
22 parking of motor vehicles.
23 (g) The terms "owner", "property owner", "shopping
24 center owner", and "apartment complex owner", as used in this
25 Section, mean the actual legal owner of the shopping center
26 parking area or apartment complex, the trust officer of a
27 banking institution having the right to manage and control
28 such property, or a person having the legal right, through
29 lease or otherwise, to manage or control the property.
30 (g-5) The term "condominium complex unit owners'
31 association", as used in this Section, means a "unit owners'
32 association" as defined in Section 2 of the Condominium
33 Property Act.
34 (h) The term "fire lane", as used in this Section, means
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1 travel lanes for the fire fighting equipment upon which there
2 shall be no standing or parking of any motor vehicle at any
3 time so that fire fighting equipment can move freely thereon.
4 (i) The term "apartment complex", as used in this
5 Section, means premises having one or more apartments in
6 connection with which there is provided on privately-owned
7 property near or contiguous thereto an area, or areas, of
8 land used by occupants of such apartments or their guests as
9 a means of access to and egress from such apartments or for
10 the parking of motor vehicles of such occupants or their
11 guests.
12 (j) The term "condominium complex", as used in this
13 Section, means the units, common elements, and limited common
14 elements that are located on the parcels, as those terms are
15 defined in Section 2 of the Condominium Property Act.
16 (k) The provisions of this Section shall not be deemed
17 to prevent local authorities from enforcing, on private
18 property, local ordinances imposing fines, in accordance with
19 Section 11-1301.3, as penalties for use of any parking place
20 reserved for persons with disabilities, as defined by Section
21 1-159.1, or disabled veterans by any person using a motor
22 vehicle not bearing registration plates specified in Section
23 11-1301.1 or a special decal or device as defined in Section
24 11-1301.2 as evidence that the vehicle is operated by or for
25 a person with disabilities or disabled veteran.
26 This amendatory Act of 1972 is not a prohibition upon the
27 contractual and associational powers granted by Article VII,
28 Section 10 of the Illinois Constitution.
29 (Source: P.A. 88-685, eff. 1-24-95; 89-551, eff. 1-1-97.)