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| 1 | AN ACT concerning local government. | |||||||||||||||||||||
| 2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||
| 3 | represented in the General Assembly: | |||||||||||||||||||||
| 4 | Section 5. The Counties Code is amended by adding Section | |||||||||||||||||||||
| 5 | 5-12025 as follows: | |||||||||||||||||||||
| 6 | (55 ILCS 5/5-12025 new) | |||||||||||||||||||||
| 7 | Sec. 5-12025. Vehicle impact protection device. | |||||||||||||||||||||
| 8 | (a) As used in this Section: | |||||||||||||||||||||
| 9 | "Day care center outdoor play area" means an area | |||||||||||||||||||||
| 10 | designated as a play area outside an establishment providing | |||||||||||||||||||||
| 11 | care for more than 3 adults or children in a protective setting | |||||||||||||||||||||
| 12 | for less than 24 hours per day that is not located within a | |||||||||||||||||||||
| 13 | residential dwelling unit. "Day care center outdoor play area" | |||||||||||||||||||||
| 14 | does not include an area designated as a play area outside day | |||||||||||||||||||||
| 15 | care programs operated by an elementary school, middle school, | |||||||||||||||||||||
| 16 | high school, park, or place of worship. | |||||||||||||||||||||
| 17 | "Outdoor dining area" means an outdoor seating area that | |||||||||||||||||||||
| 18 | is typically connected to an indoor seating area for a | |||||||||||||||||||||
| 19 | restaurant. | |||||||||||||||||||||
| 20 | "Residential care facility" means a care facility licensed | |||||||||||||||||||||
| 21 | for 24-hour medical or non-medical care of people in need of | |||||||||||||||||||||
| 22 | supervision or assistance essential for daily, living, or for | |||||||||||||||||||||
| 23 | the protection of the individual. "Residential care facility" | |||||||||||||||||||||
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| 1 | includes assisted living facilities, independent living | ||||||
| 2 | facilities, nursing homes, hospice, and continuum of care | ||||||
| 3 | facilities. "Residential care facility" does not include a | ||||||
| 4 | community residences or transitional treatment facilities. | ||||||
| 5 | "Vehicle impact protection device" means a concrete or | ||||||
| 6 | metal barrier that is designed to protect people and property | ||||||
| 7 | from moving vehicles. "Vehicle impact protection device" | ||||||
| 8 | includes, but is not limited to, a bollard or decorative | ||||||
| 9 | planter designed to protect people and property from moving | ||||||
| 10 | vehicles. | ||||||
| 11 | (b) To safeguard pedestrians, buildings, and building | ||||||
| 12 | occupants, a county shall, by ordinance or resolution, require | ||||||
| 13 | the installation and maintenance of vehicle impact protection | ||||||
| 14 | devices in front of: | ||||||
| 15 | (1) all public entrances to residential care | ||||||
| 16 | facilities and buildings in areas zoned as business and | ||||||
| 17 | manufacturing districts; and | ||||||
| 18 | (2) any buildings where storefront windows are within | ||||||
| 19 | 2 feet of the ground, any outdoor dining area, and any day | ||||||
| 20 | care center outdoor play areas if the building, outdoor | ||||||
| 21 | dining area, or day care center outdoor play area has: | ||||||
| 22 | (A) adjacent parking spaces that are perpendicular | ||||||
| 23 | to or angled toward the building or area; | ||||||
| 24 | (B) drive aisles that are perpendicular to the | ||||||
| 25 | building or area; or | ||||||
| 26 | (C) both. | ||||||
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| 1 | (c) The vehicle impact protection devices required under | ||||||
| 2 | this Section shall be designed to withstand, at minimum, an | ||||||
| 3 | impact resistance level of 5,000 pounds at 30 miles per hour. | ||||||
| 4 | The devices must have a minimum height of 3 feet and must be | ||||||
| 5 | spaced 48 inches from inside edge to inside edge of the device. | ||||||
| 6 | Vehicle impact protection devices must not restrict access to | ||||||
| 7 | the building and must be designed and installed to meet the | ||||||
| 8 | requirements of the Illinois Accessibility Code and all other | ||||||
| 9 | State and federal laws. Vehicle impact protection devices | ||||||
| 10 | shall be manufactured from finished metal or have a decorative | ||||||
| 11 | cover that is complimentary to the design of the associated | ||||||
| 12 | building, storefront, outdoor dining area, or day care center. | ||||||
| 13 | (d) Vehicle impact protection devices may be located along | ||||||
| 14 | the outside wall of a building, along the edge of an adjacent | ||||||
| 15 | sidewalk, at the end of an adjacent parking space, or in | ||||||
| 16 | another location as approved by the county by ordinance or | ||||||
| 17 | resolution. When vehicle impact protection devices are located | ||||||
| 18 | within a parking space, the parking space must be adequately | ||||||
| 19 | sized to meet the requirements set by the county. | ||||||
| 20 | (e) A county may install plain concrete barriers, such as | ||||||
| 21 | jersey barriers, temporarily, for a period not to exceed 90 | ||||||
| 22 | days, while awaiting the installation of new or replacement of | ||||||
| 23 | permanent vehicle impact protection devices. | ||||||
| 24 | (f) The requirements of this Section do not apply to | ||||||
| 25 | voluntarily installed vehicle impact protection devices that | ||||||
| 26 | are not required by this Section. | ||||||
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| 1 | (g) A home rule county may not regulate the installation | ||||||
| 2 | of vehicle impact protection devices in a manner less | ||||||
| 3 | restrictive than the regulation by the State of the | ||||||
| 4 | installation of vehicle impact protection devices under this | ||||||
| 5 | Section. This Section is a limitation under subsection (i) of | ||||||
| 6 | Section 6 of Article VII of the Illinois Constitution on the | ||||||
| 7 | concurrent exercise by home rule units of powers and functions | ||||||
| 8 | exercised by the State. | ||||||
| 9 | Section 10. The Illinois Municipal Code is amended by | ||||||
| 10 | adding Section 11-13-30 as follows: | ||||||
| 11 | (65 ILCS 5/11-13-30 new) | ||||||
| 12 | Sec. 11-13-30. Vehicle impact protection devices. | ||||||
| 13 | (a) As used in this Section: | ||||||
| 14 | "Day care center outdoor play area" means an area | ||||||
| 15 | designated as a play area outside an establishment providing | ||||||
| 16 | care for more than 3 adults or children in a protective setting | ||||||
| 17 | for less than 24 hours per day that is not located within a | ||||||
| 18 | residential dwelling unit. "Day care center outdoor play area" | ||||||
| 19 | does not include an area designated as a play area outside day | ||||||
| 20 | care programs operated by an elementary school, middle school, | ||||||
| 21 | high school, park, or place of worship. | ||||||
| 22 | "Outdoor dining area" means an outdoor seating area that | ||||||
| 23 | is typically connected to an indoor seating area for a | ||||||
| 24 | restaurant. | ||||||
| |||||||
| |||||||
| 1 | "Residential care facility" means a care facility licensed | ||||||
| 2 | for 24-hour medical or non-medical care of people in need of | ||||||
| 3 | supervision or assistance essential for daily, living, or for | ||||||
| 4 | the protection of the individual. "Residential care facility" | ||||||
| 5 | includes assisted living facilities, independent living | ||||||
| 6 | facilities, nursing homes, hospice, and continuum of care | ||||||
| 7 | facilities. "Residential care facility" does not include a | ||||||
| 8 | community residences or transitional treatment facilities. | ||||||
| 9 | "Vehicle impact protection device" means a concrete or | ||||||
| 10 | metal barrier that is designed to protect people and property | ||||||
| 11 | from moving vehicles. "Vehicle impact protection device" | ||||||
| 12 | includes, but is not limited to, a bollard or decorative | ||||||
| 13 | planter designed to protect people and property from moving | ||||||
| 14 | vehicles. | ||||||
| 15 | (b) To safeguard pedestrians, buildings, and building | ||||||
| 16 | occupants, a municipality shall, by ordinance or resolution, | ||||||
| 17 | require the installation and maintenance of vehicle impact | ||||||
| 18 | protection devices in front of: | ||||||
| 19 | (1) all public entrances to residential care | ||||||
| 20 | facilities and buildings in areas zoned as business and | ||||||
| 21 | manufacturing districts; | ||||||
| 22 | (2) any buildings where storefront windows are within | ||||||
| 23 | 2 feet of the ground, any outdoor dining area, and any day | ||||||
| 24 | care center outdoor play areas if the building, outdoor | ||||||
| 25 | dining area, or day care center outdoor play area has: | ||||||
| 26 | (A) adjacent parking spaces that are perpendicular | ||||||
| |||||||
| |||||||
| 1 | to or angled toward the building or area; | ||||||
| 2 | (B) drive aisles that are perpendicular to the | ||||||
| 3 | building or area; or | ||||||
| 4 | (C) both. | ||||||
| 5 | (c) The vehicle impact protection devices required under | ||||||
| 6 | this Section shall be designed to withstand, at minimum, an | ||||||
| 7 | impact resistance level of 5,000 pounds at 30 miles per hour. | ||||||
| 8 | The devices must have a minimum height of 3 feet and must be | ||||||
| 9 | spaced 48 inches from inside edge to inside edge of the device. | ||||||
| 10 | Vehicle impact protection devices must not restrict access to | ||||||
| 11 | the building and must be designed and installed to the | ||||||
| 12 | requirements set forth in the Illinois Accessibility Code and | ||||||
| 13 | all other State and federal laws. Vehicle impact protection | ||||||
| 14 | devices shall be manufactured from finished metal or have a | ||||||
| 15 | decorative cover that is complimentary to the design of the | ||||||
| 16 | associated building, storefront, outdoor dining area, or day | ||||||
| 17 | care center. | ||||||
| 18 | (d) Vehicle impact protection devices may be located along | ||||||
| 19 | the outside wall of a building, along the edge of an adjacent | ||||||
| 20 | sidewalk, at the end of an adjacent parking space, or in | ||||||
| 21 | another location as approved by the municipality by ordinance | ||||||
| 22 | or resolution. When vehicle impact protection devices are | ||||||
| 23 | located within a parking space, the parking space must be | ||||||
| 24 | adequately sized to meet the requirements set by the | ||||||
| 25 | municipality. | ||||||
| 26 | (e) A municipality may install plain concrete barriers, | ||||||
| |||||||
| |||||||
| 1 | such as jersey barriers, temporarily, for a period not to | ||||||
| 2 | exceed 90 days, while awaiting the installation of new or | ||||||
| 3 | replacement of permanent vehicle impact protection devices. | ||||||
| 4 | (f) The requirements of this Section do not apply to | ||||||
| 5 | voluntarily installed vehicle impact protection devices that | ||||||
| 6 | are not required by this Section. | ||||||
| 7 | (g) A home rule municipality may not regulate the | ||||||
| 8 | installation of vehicle impact protection devices in a manner | ||||||
| 9 | less restrictive than the regulation by the State of the | ||||||
| 10 | installation of vehicle impact protection devices under this | ||||||
| 11 | Section. This Section is a limitation under subsection (i) of | ||||||
| 12 | Section 6 of Article VII of the Illinois Constitution on the | ||||||
| 13 | concurrent exercise by home rule units of powers and functions | ||||||
| 14 | exercised by the State. | ||||||