(65 ILCS 5/11-39.2-55) Sec. 11-39.2-55. Severability. The provisions of this Division are severable under Section 1.31 of the Statute on Statutes. (Source: P.A. 103-491, eff. 1-1-24 .) |
(65 ILCS 5/Art 11 prec Div 40 heading)
VEHICLES
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(65 ILCS 5/Art. 11 Div. 40 heading) DIVISION 40.
SPEED, SAFETY AND
DISPOSITION OF VEHICLES
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(65 ILCS 5/11-40-1) (from Ch. 24, par. 11-40-1)
Sec. 11-40-1.
The corporate authorities of each municipality may regulate,
subject to the provisions of "The Illinois Vehicle Code", as now and hereafter
amended, the speed of animals, vehicles, cars and locomotives. The corporate
authorities may also regulate vehicles conveying loads within the municipality.
(Source: P.A. 81-840.)
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(65 ILCS 5/11-40-2) (from Ch. 24, par. 11-40-2)
Sec. 11-40-2.
Any city, village or incorporated town having a population
of 40,000 or over, may, by ordinance, require the resident owner of a motor
vehicle to submit, not more often than semi-annually, such motor vehicle
for inspection to determine the sufficiency of the equipment required by
"The Illinois Vehicle Code", as now and hereafter amended, for safe operation
on public highways and may provide testing stations, located at convenient
places in each such city, village or incorporated town, for the inspection
of such equipment. The testing stations may be constructed, maintained and
operated from funds authorized to be appropriated for such purpose by Section
8-11-4. No fee shall be charged such owner for such inspection.
(Source: P.A. 81-840.)
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(65 ILCS 5/11-40-2a) (from Ch. 24, par. 11-40-2a)
Sec. 11-40-2a.
Except as otherwise provided in this Section, the
corporate authorities of any city of 1,000,000 or more
inhabitants may, subject to the provisions of "The Illinois Vehicle Code",
as now and hereafter amended regulate, license and prescribe safety requirements
for motor vehicles used to transport for hire students to or from a school
where students are in attendance except (a) those belonging to or used by
a common carrier or public utility operating under the jurisdiction of the
Illinois Commerce Commission, and (b) those under the jurisdiction of the
State Board of Education or owned
by the Chicago Transit Authority. However, no such municipality,
including any home rule unit, may require that school buses be equipped
with seat safety belts while transporting students who reside and attend
schools situated outside of the corporate limits of the municipality, and
it is declared to be the law of this State, pursuant to paragraph (g) of
Section 6 of Article VII of the Illinois Constitution, that this amendatory
Act of 1986 is a limitation on and denial of the powers of a home rule unit
to impose such a requirement. In this Section "school" means any public,
private or parochial elementary or secondary school or nursery.
(Source: P.A. 84-1374.)
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(65 ILCS 5/11-40-2b) (from Ch. 24, par. 11-40-2b)
Sec. 11-40-2b.
No municipality with fewer than 1,000,000 inhabitants may
regulate or prescribe safety requirements for motor vehicles
used to transport for hire students to or from a school where students are
in attendance.
This Section does not prohibit any municipality from which such vehicles
originate their operation from registering such vehicles or requiring the
purchase of vehicle stickers where no regulatory requirements are imposed.
This Section is a limitation on the power of home rule municipalities
with fewer than 1,000,000 inhabitants, and the regulation and
prescribing of safety requirements for such motor vehicles is declared an exclusive
State function in municipalities with fewer than 1,000,000 inhabitants under
Article VII, Section 6, paragraph (h) of the Constitution.
(Source: P.A. 82-1011.)
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(65 ILCS 5/11-40-3) (from Ch. 24, par. 11-40-3)
Sec. 11-40-3.
Subject to the provisions of Section 11-40-3.1 of this
Code, the corporate authorities of each municipality may by
ordinance declare all inoperable motor vehicles, whether on public or
private property and in view of the general public, to be a nuisance
and authorize fines to be levied for the failure of any person to obey a
notice received from the municipality which states that such person is to
dispose of any inoperable motor vehicles under his control, and may
authorize a law enforcement agency, with applicable jurisdiction, to
remove, after 7 days from the issuance of the municipal notice, any
inoperable motor vehicle or parts thereof. However, nothing in this Section
shall apply to any motor vehicle that is kept within a building when not in
use, to operable historic vehicles over 25 years of age, or to a motor
vehicle on the premises of a place of business engaged in the wrecking or
junking of motor vehicles.
As used in this Section, "inoperable motor vehicle" means any motor
vehicle from which, for a period of at least 7 days or any greater period
fixed by ordinance, the engine, wheels or other parts have been removed, or
on which the engine, wheels or other parts have been altered, damaged or
otherwise so treated that the vehicle is incapable of being driven under
its own motor power. "Inoperable motor vehicle" shall not include a motor
vehicle which has been rendered temporarily incapable of being driven under
its own motor power in order to perform ordinary service or repair operations.
(Source: P.A. 86-460.)
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(65 ILCS 5/11-40-3.1) (from Ch. 24, par. 11-40-3.1)
Sec. 11-40-3.1.
The General Assembly hereby finds that in municipalities
of more than 1,000,000 inhabitants, the proliferation of hazardous
dilapidated motor vehicles constitutes a hazard to the health, safety and
welfare of the public, and that addressing the problems caused by such
abandoned dilapidated vehicles constitutes a compelling and fundamental
governmental interest. The General Assembly also finds that the only
effective method of dealing with the problem is to promulgate a
comprehensive scheme to expedite the towing and disposal of such vehicles.
The corporate authorities of each municipality of 1,000,000 inhabitants or
more may by ordinance declare all inoperable motor vehicles, whether on
public or private property and in view of the general public, to be
hazardous dilapidated motor vehicles, and may authorize a law enforcement
agency, with applicable jurisdiction, to remove immediately, any hazardous
dilapidated motor vehicle or parts thereof. Nothing in this Section shall
apply to any motor vehicle that is kept within a building when not in use,
to operable historic vehicles over 25 years of age, or to a motor vehicle
on the premises of a place of business engaged in the wrecking, selling, or junking
of motor vehicles.
As used in this Section, "hazardous dilapidated motor vehicle" means any
motor vehicle with a substantial number of essential parts, as defined by
Section 1-118 of The Illinois Vehicle Code, either damaged, removed or
altered or otherwise so treated that the vehicle is incapable of being
driven under its own motor power or, which by its general state of
deterioration, poses a threat to the public's health, safety and welfare.
"Hazardous dilapidated motor vehicle" shall not include a motor vehicle
which has been rendered temporarily incapable of being driven under its own
motor power in order to perform ordinary service or repair operations. The
owner of a vehicle towed under the provisions of this Section shall be
entitled to any hearing or review of the towing of such vehicle as provided
by State or local law.
(Source: P.A. 97-779, eff. 7-13-12.)
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(65 ILCS 5/Art. 11 Div. 41 heading) DIVISION 41.
REGULATION IN SPECIAL CHARTER
MUNICIPALITIES
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(65 ILCS 5/11-41-1) (from Ch. 24, par. 11-41-1)
Sec. 11-41-1.
Any city, village, or incorporated town incorporated under
any special law of this state, except those having a population of more
than 100,000 but less than 200,000 inhabitants, subject to "The Illinois
Vehicle Code", as now and hereafter amended, may, by ordinance, direct,
license and control all wagons and other vehicles conveying loads within
the city, village or incorporated town, or any particular class of such
wagons and other vehicles, and prescribe the width and tire of the
same. The license fees when collected shall be kept as a separate
fund and used only for paying the cost and expense of street or alley improvement
or repair. No person shall be required
to pay any such vehicle license tax by any municipality in this state, except
the municipality in which he resides. No firm or corporation shall be required
to pay any such vehicle license tax in any municipality in this state except
the one in which such firm or corporation maintains and conducts its principal
place of business in this state.
(Source: P.A. 82-733.)
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(65 ILCS 5/11-41-2) (from Ch. 24, par. 11-41-2)
Sec. 11-41-2.
Any such city, village or incorporated town shall have power,
by ordinance, to provide such rules, and make such regulations as are
proper or necessary to carry into effect the powers granted by this
Division 41, with such fines or penalties as the city council or board of
trustees shall deem proper. However, no offense shall be classified in
excess of a Class B misdemeanor.
(Source: P.A. 77-2500.)
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(65 ILCS 5/Art 11 prec Div 42 heading)
POWERS OVER CERTAIN BUSINESSES
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(65 ILCS 5/Art. 11 Div. 42 heading) DIVISION 42.
POWERS OVER CERTAIN BUSINESSES
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(65 ILCS 5/11-42-1) (from Ch. 24, par. 11-42-1)
Sec. 11-42-1.
The corporate authorities of each municipality may license,
tax, and regulate auctioneers, private detectives, demolition contractors,
money changers, bankers, brokers other than insurance brokers, barbers, and the
keepers or owners of lumber yards, lumber storehouses, livery stables, public
scales, ice cream parlors, coffee houses, florists, detective agencies, barber
shops and sellers of tickets for theatricals, shows, amusements, athletic
events and other exhibitions at a place other than the theatre or location
where the theatricals, shows, amusements, athletic events and other exhibitions
are given or exhibited. No municipality may impose a tax under this Section, or impose any other amusement or exhibition tax, on ticket sales, membership fees, or any other charges for attending exhibitions or attractions associated with a zoological park authorized under Section 40 of the Cook County Forest Preserve District Act, nor may any municipality impose a duty to collect a tax under this Section, or any other amusement or exhibition tax, on any owner or operator of a zoological park authorized under Section 40 of the Cook County Forest Preserve District Act.
(Source: P.A. 96-1516, eff. 2-4-11.)
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(65 ILCS 5/11-42-2) (from Ch. 24, par. 11-42-2)
Sec. 11-42-2.
The corporate authorities of each municipality may license,
tax, regulate, or prohibit pinball, or bowling alleys, billiard, bagatelle,
pigeon-hole, pool, or any other tables or implements kept for a similar
purpose in any place of public resort.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-42-3) (from Ch. 24, par. 11-42-3)
Sec. 11-42-3.
The corporate authorities of each municipality may license,
tax, locate, and regulate all places of business of dealers in junk,
dismantled or wrecked motor vehicles or parts thereof, rags, and any
second-hand article whatsoever.
The corporate authorities also may forbid any person from purchasing or
receiving from minors without the written consent of their parents or
guardians, any article whatsoever.
(Source: Laws 1967, p. 3082.)
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(65 ILCS 5/11-42-4) (from Ch. 24, par. 11-42-4)
Sec. 11-42-4.
The corporate authorities of each municipality may license,
tax, regulate, and prohibit runners for cabs, busses, railroads, ships,
hotels, public houses, and other similar businesses.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-42-5) (from Ch. 24, par. 11-42-5)
Sec. 11-42-5.
The corporate authorities of each municipality may license,
tax, regulate, or prohibit hawkers, peddlers, pawnbrokers, itinerant
merchants, transient vendors of merchandise, theatricals and other
exhibitions, shows, and amusements and may license, tax, and regulate all
places for eating or amusement. No municipality may impose a tax under this Section, or impose any other amusement or exhibition tax, on ticket sales, membership fees, or any other charges for attending exhibitions or attractions associated with a zoological park authorized under Section 40 of the Cook County Forest Preserve District Act, nor may any municipality impose a duty to collect a tax under this Section, or any other amusement or exhibition tax, on any owner or operator of a zoological park authorized under Section 40 of the Cook County Forest Preserve District Act.
(Source: P.A. 96-1516, eff. 2-4-11.)
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(65 ILCS 5/11-42-6) (from Ch. 24, par. 11-42-6)
Sec. 11-42-6.
The corporate authorities of each municipality may license,
tax, and regulate hackmen, draymen, omnibus drivers, carters, cabmen,
porters, expressmen, and all others pursuing like occupations, and may
prescribe their compensation.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-42-7) (from Ch. 24, par. 11-42-7)
Sec. 11-42-7.
The corporate authorities of each municipality may locate and
regulate the use and construction of packing houses, factories for the
making of tallow candles, fertilizers, or soap, and tanneries within the
municipality, and within the distance of one mile beyond the municipal
limits.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-42-8) (from Ch. 24, par. 11-42-8)
Sec. 11-42-8.
The corporate authorities of each municipality may locate and
regulate the use and construction of breweries, distilleries, livery,
boarding, or sale stables, blacksmith shops, foundries, machine shops,
garages, parking lots, camps accommodating persons in house trailers, house
cars, cabins or tents, laundries, and bathing beaches.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-42-8a) (from Ch. 24, par. 11-42-8a)
Sec. 11-42-8a.
The provisions of Section 14 of the "Mobile Home Park
Act", approved September 8, 1971, as amended, are incorporated
herein by reference and made a part hereof to the same extent as if such
provisions were included herein.
(Source: P.A. 85-565.)
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(65 ILCS 5/11-42-8b) (from Ch. 24, par. 11-42-8b)
Sec. 11-42-8b.
For the purposes of Section 11-42-8a, "trailer coach park"
shall include, in its meaning, "trailer park" and "camp accommodating
persons in house trailers"; and "trailer coach" shall include, in its
meaning, "house trailer."
(Source: Laws 1963, p. 59.)
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(65 ILCS 5/11-42-9) (from Ch. 24, par. 11-42-9)
Sec. 11-42-9.
The corporate authorities of each municipality may prohibit
any offensive or unwholesome business or establishment within the
municipality and within the distance of one mile beyond the municipal
limits.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-42-10) (from Ch. 24, par. 11-42-10)
Sec. 11-42-10.
The corporate authorities of each municipality may compel
the owner of any grocery, cellar, soap or tallow chandlery, tannery,
stable, pigsty, privy, sewer, or other unwholesome or nauseous house or
place, to cleanse, abate, or remove the same, and to regulate the location
thereof.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-42-10.1)
Sec. 11-42-10.1.
The corporate authorities of each municipality may
license or regulate businesses operating as a public accommodation that permit
the consumption of alcoholic liquor on the business premises and that are not
licensed under the Liquor Control Act of 1934. For purposes of this Section,
"public accommodation" means a refreshment,
entertainment, or recreation facility of any kind, whether licensed or not,
whose goods, services, facilities, privileges, or advantages are extended,
offered, sold, or otherwise made available to the public.
(Source: P.A. 92-696, eff. 7-19-02.)
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(65 ILCS 5/11-42-10.2)
Sec. 11-42-10.2. Regulation and licensure; adult entertainment facility. (a) The corporate authorities of each municipality having a population of less than 750,000 may
license or regulate any business (i) that is operating
as an adult entertainment facility; (ii) that permits the consumption of alcoholic
liquor on the business premises; and (iii) that is not
licensed under the Liquor Control Act of 1934. (b) For purposes of this Section, "adult entertainment facility" means that term as it is defined in Section 11-5-1.5.
(Source: P.A. 94-401, eff. 8-2-05.) |