Public Act 90-0145 of the 90th General Assembly
Public Act 90-0145
HB0307 Enrolled LRB9000656NTsbA
AN ACT concerning vehicles, amending named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by changing
Sections 3-6036 and 5-1060 as follows:
(55 ILCS 5/3-6036) (from Ch. 34, par. 3-6036)
Sec. 3-6036. Powers and duties of Supervisor of Safety.
The Supervisor of Safety shall enforce all the laws of this
State and, within the municipalities in his county, the
ordinances of such municipalities relating to the regulation
of motor vehicle traffic and the promotion of safety on
public highways. The Supervisor of Safety shall advise the
county board as to contracts negotiated regulating traffic of
parking areas of schools, hospitals, commercial and
industrial facilities, shopping centers and apartment
complexes outside any municipality of said county, and shall
act as its representative and agent in connection with the
execution of such contracts. In those instances where
contracts are being negotiated between municipalities and
schools, hospitals, commercial and industrial facilities,
shopping centers and apartment complexes outside the
corporate limits, the Supervisor of Safety shall advise the
county board. All such contracts shall be negotiated in the
manner of section 11-209 of The Illinois Vehicle Code.
Subject to the approval of the county board, the Supervisor
of Safety may appoint assistants to aid him in carrying out
his duties. The Supervisor of Safety shall cooperate with the
State and Federal governments and agencies thereof in
programs designed to promote safety on highways.
The Supervisor of Safety in counties of less than
1,000,000 inhabitants may enter into cooperative contractual
agreements with school districts in his county, under which
the school district hires, compensates and is liable for one
or more school crossing guards, and the Supervisor of Safety,
as sheriff of the county, appoints any such guard as an
auxiliary deputy, in the manner and under the terms of
Sections 3-6001 through 3-6032.
This Section is not a prohibition upon the contractual
and associational powers granted by Article VII, Section 10
of the Illinois Constitution.
(Source: P.A. 86-962; 86-1475.)
(55 ILCS 5/5-1060) (from Ch. 34, par. 5-1060)
Sec. 5-1060. Contracts for regulation of traffic. A
county board may contract with school boards, hospitals,
commercial and industrial facilities, and owners of shopping
centers or apartment complexes for the purpose of regulating
traffic in their parking areas outside a municipality in
areas under the jurisdiction of the County Board in such
manner as is provided by Section 11-209 of The Illinois
Vehicle Code and as provided under Section 3-6036 of this
Code.
This Section is not a prohibition upon the contractual
and associational powers granted by Article VII, Section 10
of the Illinois Constitution.
(Source: P.A. 86-962; 86-1475.)
Section 10. The Illinois Municipal Code is amended by
changing Section 1-1-7 as follows:
(65 ILCS 5/1-1-7) (from Ch. 24, par. 1-1-7)
Sec. 1-1-7. Power of municipality to contract with school
boards, hospitals, commercial and industrial facilities, and
owners of shopping centers or apartment complexes. The
corporate authorities of any municipality shall have the
power to contract with school boards, hospitals, commercial
and industrial facilities, and owners of shopping centers or
apartment complexes within and without the municipal limits
in such manner as is provided by Section 11-209 of "The
Illinois Vehicle Code", approved September 29, 1969, as
amended, and as provided under Section 2 of "An Act in
relation to the regulation of motor vehicle traffic and the
promotion of safety on public highways in counties", approved
August 9, 1951, as amended.
This amendatory Act of 1972 is not a prohibition upon the
contractual and associational powers granted by Article VII,
Section 10 of the Illinois Constitution.
(Source: P.A. 78-255.)
Section 15. The Illinois Vehicle Code is amended by
changing Sections 6-306.5 and 11-209 as follows:
(625 ILCS 5/6-306.5) (from Ch. 95 1/2, par. 6-306.5)
Sec. 6-306.5. Failure to pay fine or penalty for
standing, parking, or compliance violations; suspension of
driving privileges.
(a) Upon receipt of a certified report, as prescribed by
subsection (c) of this Section, from any municipality stating
that the owner of a registered vehicle has failed to pay any
fine or penalty due and owing as a result of 10 or more
violations of a municipality's vehicular standing, and
parking, or compliance regulations established by ordinance
pursuant to Section 11-208.3 of this Code, the Secretary of
State shall suspend the driving privileges of such person in
accordance with the procedures set forth in this Section. The
Secretary shall also suspend the driving privileges of an
owner of a registered vehicle upon receipt of a certified
report, as prescribed by subsection (f) of this Section, from
any municipality stating that such person has failed to
satisfy any fines or penalties imposed by final judgments for
10 or more violations of local standing, and parking, or
compliance regulations after exhaustion of judicial review
procedures.
(b) Following receipt of the certified report of the
municipality as specified in this Section, the Secretary of
State shall notify the person whose name appears on the
certified report that the person's drivers license will be
suspended at the end of a specified period of time unless the
Secretary of State is presented with a notice from the
municipality certifying that the fine or penalty due and
owing the municipality has been paid or that inclusion of
that person's name on the certified report was in error. The
Secretary's notice shall state in substance the information
contained in the municipality's certified report to the
Secretary, and shall be effective as specified by subsection
(c) of Section 6-211 of this Code.
(c) The report of the appropriate municipal official
notifying the Secretary of State of unpaid fines or penalties
pursuant to this Section shall be certified and shall contain
the following:
(1) The name, last known address and drivers
license number of the person who failed to pay the fine
or penalty and the registration number of any vehicle
known to be registered to such person in this State.
(2) The name of the municipality making the report
pursuant to this Section.
(3) A statement that the municipality sent a notice
of impending drivers license suspension as prescribed by
ordinance enacted pursuant to Section 11-208.3, to the
person named in the report at the address recorded with
the Secretary of State; the date on which such notice was
sent; and the address to which such notice was sent. In a
municipality with a population of 1,000,000 or more, the
report shall also include a statement that the alleged
violator's State vehicle registration number and vehicle
make are correct as they appear on the citations.
(d) Any municipality making a certified report to the
Secretary of State pursuant to this Section shall notify the
Secretary of State, in a form prescribed by the Secretary,
whenever a person named in the certified report has paid the
previously reported fine or penalty or whenever the
municipality determines that the original report was in
error. A certified copy of such notification shall also be
given upon request and at no additional charge to the person
named therein. Upon receipt of the municipality's
notification or presentation of a certified copy of such
notification, the Secretary of State shall terminate the
suspension.
(e) Any municipality making a certified report to the
Secretary of State pursuant to this Section shall also by
ordinance establish procedures for persons to challenge the
accuracy of the certified report. The ordinance shall also
state the grounds for such a challenge, which may be limited
to (1) the person not having been the owner or lessee of the
vehicle or vehicles receiving 10 or more standing, parking,
or compliance violation notices on the date or dates such
notices were issued; and (2) the person having already paid
the fine or penalty for the 10 or more violations indicated
on the certified report.
(f) Any municipality, other than a municipality
establishing vehicular standing, and parking, and compliance
regulations pursuant to Section 11-208.3, may also cause a
suspension of a person's drivers license pursuant to this
Section. Such municipality may invoke this sanction by making
a certified report to the Secretary of State upon a person's
failure to satisfy any fine or penalty imposed by final
judgment for 10 or more violations of local standing, and
parking, or compliance regulations after exhaustion of
judicial review procedures, but only if:
(1) the municipality complies with the provisions
of this Section in all respects except in regard to
enacting an ordinance pursuant to Section 11-208.3;
(2) the municipality has sent a notice of impending
drivers license suspension as prescribed by an ordinance
enacted pursuant to subsection (g) of this Section; and
(3) in municipalities with a population of
1,000,000 or more, the municipality has verified that the
alleged violator's State vehicle registration number and
vehicle make are correct as they appear on the citations.
(g) Any municipality, other than a municipality
establishing standing, and parking, and compliance
regulations pursuant to Section 11-208.3, may provide by
ordinance for the sending of a notice of impending drivers
license suspension to the person who has failed to satisfy
any fine or penalty imposed by final judgment for 10 or more
violations of local standing, and parking, or compliance
regulations after exhaustion of judicial review procedures.
An ordinance so providing shall specify that the notice sent
to the person liable for any fine or penalty shall state that
failure to pay the fine or penalty owing within 45 days of
the notice's date will result in the municipality notifying
the Secretary of State that the person's drivers license is
eligible for suspension pursuant to this Section. The notice
of impending drivers license suspension shall be sent by
first class United States mail, postage prepaid, to the
address recorded with the Secretary of State.
(h) An administrative hearing to contest an impending
suspension or a suspension made pursuant to this Section may
be had upon filing a written request with the Secretary of
State. The filing fee for this hearing shall be $20, to be
paid at the time the request is made. A municipality which
files a certified report with the Secretary of State pursuant
to this Section shall reimburse the Secretary for all
reasonable costs incurred by the Secretary as a result of the
filing of the report, including but not limited to the costs
of providing the notice required pursuant to subsection (b)
and the costs incurred by the Secretary in any hearing
conducted with respect to the report pursuant to this
subsection and any appeal from such a hearing.
(i) The provisions of this Section shall apply on and
after January 1, 1988.
(j) For purposes of this Section, the term "compliance
violation" is defined as in Section 11-208.3.
(Source: P.A. 89-190, eff. 1-1-96.)
(625 ILCS 5/11-209) (from Ch. 95 1/2, par. 11-209)
Sec. 11-209. Powers of municipalities and counties -
Contract with school boards, hospitals, churches, condominium
complex unit owners' associations, and commercial and
industrial facility, shopping center, and apartment complex
owners for regulation of traffic.
(a) The corporate authorities of any municipality or the
county board of any county, and a school board, hospital,
church, condominium complex unit owners' association, or
owner of any commercial and industrial facility, shopping
center, or apartment complex which controls a parking area
located within the limits of the municipality, or outside the
limits of the municipality and within the boundaries of the
county, may, by contract, empower the municipality or county
to regulate the parking of automobiles and the traffic at
such parking area. Such contract shall empower the
municipality or county to accomplish all or any part of the
following:
1. The erection of stop signs, flashing signals,
person with disabilities parking area signs or yield
signs at specified locations in a parking area and the
adoption of appropriate regulations thereto pertaining,
or the designation of any intersection in the parking
area as a stop intersection or as a yield intersection
and the ordering of like signs or signals at one or more
entrances to such intersection, subject to the provisions
of this Chapter.
2. The prohibition or regulation of the turning of
vehicles or specified types of vehicles at intersections
or other designated locations in the parking area.
3. The regulation of a crossing of any roadway in
the parking area by pedestrians.
4. The designation of any separate roadway in the
parking area for one-way traffic.
5. The establishment and regulation of loading
zones.
6. The prohibition, regulation, restriction or
limitation of the stopping, standing or parking of
vehicles in specified areas of the parking area.
7. The designation of safety zones in the parking
area and fire lanes.
8. Providing for the removal and storage of
vehicles parked or abandoned in the parking area during
snowstorms, floods, fires, or other public emergencies,
or found unattended in the parking area, (a) where they
constitute an obstruction to traffic, or (b) where
stopping, standing or parking is prohibited, and for the
payment of reasonable charges for such removal and
storage by the owner or operator of any such vehicle.
9. Providing that the cost of planning,
installation, maintenance and enforcement of parking and
traffic regulations pursuant to any contract entered into
under the authority of this paragraph (a) of this Section
be borne by the municipality or county, or by the school
board, hospital, church, property owner, apartment
complex owner, or condominium complex unit owners'
association, or that a percentage of the cost be shared
by the parties to the contract.
10. Causing the installation of parking meters on
the parking area and establishing whether the expense of
installing said parking meters and maintenance thereof
shall be that of the municipality or county, or that of
the school board, hospital, church, condominium complex
unit owners' association, shopping center or apartment
complex owner. All moneys obtained from such parking
meters as may be installed on any parking area shall
belong to the municipality or county.
11. Causing the installation of parking signs in
accordance with Section 11-301 in areas of the parking
lots covered by this Section and where desired by the
person contracting with the appropriate authority listed
in paragraph (a) of this Section, indicating that such
parking spaces are reserved for persons with
disabilities.
12. Contracting for such additional reasonable
rules and regulations with respect to traffic and parking
in a parking area as local conditions may require for the
safety and convenience of the public or of the users of
the parking area.
(b) No contract entered into pursuant to this Section
shall exceed a period of 20 years. No lessee of a shopping
center or apartment complex shall enter into such a contract
for a longer period of time than the length of his lease.
(c) Any contract entered into pursuant to this Section
shall be recorded in the office of the recorder in the county
in which the parking area is located, and no regulation made
pursuant to the contract shall be effective or enforceable
until 3 days after the contract is so recorded.
(d) At such time as parking and traffic regulations have
been established at any parking area pursuant to the contract
as provided for in this Section, then it shall be a petty
offense for any person to do any act forbidden or to fail to
perform any act required by such parking or traffic
regulation. If the violation is the parking in a parking
space reserved for persons with disabilities under paragraph
(11) of this Section, by a person without special
registration plates issued to a person with disabilities, as
defined by Section 1-159.1, pursuant to Section 3-616 of this
Code, or to a disabled veteran pursuant to Section 3-609 of
this Code, the local police of the contracting corporate
municipal authorities shall issue a parking ticket to such
parking violator and issue a fine in accordance with Section
11-1301.3.
(e) The term "shopping center", as used in this Section,
means premises having one or more stores or business
establishments in connection with which there is provided on
privately-owned property near or contiguous thereto an area,
or areas, of land used by the public as the means of access
to and egress from the stores and business establishments on
such premises and for the parking of motor vehicles of
customers and patrons of such stores and business
establishments on such premises.
(f) The term "parking area", as used in this Section,
means an area, or areas, of land near or contiguous to a
school, church, or hospital building, shopping center,
apartment complex, or condominium complex, but not the public
highways or alleys, and used by the public as the means of
access to and egress from such buildings and the stores and
business establishments at a shopping center and for the
parking of motor vehicles.
(g) The terms "owner", "property owner", "shopping
center owner", and "apartment complex owner", as used in this
Section, mean the actual legal owner of the shopping center
parking area or apartment complex, the trust officer of a
banking institution having the right to manage and control
such property, or a person having the legal right, through
lease or otherwise, to manage or control the property.
(g-5) The term "condominium complex unit owners'
association", as used in this Section, means a "unit owners'
association" as defined in Section 2 of the Condominium
Property Act.
(h) The term "fire lane", as used in this Section, means
travel lanes for the fire fighting equipment upon which there
shall be no standing or parking of any motor vehicle at any
time so that fire fighting equipment can move freely thereon.
(i) The term "apartment complex", as used in this
Section, means premises having one or more apartments in
connection with which there is provided on privately-owned
property near or contiguous thereto an area, or areas, of
land used by occupants of such apartments or their guests as
a means of access to and egress from such apartments or for
the parking of motor vehicles of such occupants or their
guests.
(j) The term "condominium complex", as used in this
Section, means the units, common elements, and limited common
elements that are located on the parcels, as those terms are
defined in Section 2 of the Condominium Property Act.
(k) The term "commercial and industrial facility", as
used in this Section, means a premises containing one or more
commercial and industrial facility establishment in
connection with which there is provided on privately-owned
property near or contiguous to the premises an area or areas
of land used by the public as the means of access to and
egress from the commercial and industrial facility
establishment on the premises and for the parking of motor
vehicles of customers, patrons, and employees of the
commercial and industrial facility establishment on the
premises.
This amendatory Act of 1972 is not a prohibition upon the
contractual and associational powers granted by Article VII,
Section 10 of the Illinois Constitution.
(Source: P.A. 88-685, eff. 1-24-95; 89-551, eff. 1-1-97.)