§ 9-4-010

Definitions

Whenever the following words and phrases are used in Chapter

9-4 through 9-103, they shall have the meanings respectively ascribed to them in this section:

“Abandoned vehicle” means any vehicle that: (a) is in such a state of disrepair as to render the vehicle incapable of being driven in its present condition or (b) has not been moved or used for seven consecutive days and is apparently deserted.

“Adjudication by mail” means an administrative process by which a registered owner of a vehicle or his attorney may submit documentary evidence by mail to an administrative law officer in order to contest liability for a parking or compliance violation.

“Administrative hearing” means a hearing in person before an administrative law officer at which a registered owner of a vehicle or his attorney may contest liability for a parking or compliance violation.

“Alley” means a public way intended to give access to the rear or side of lots or buildings and not intended for the purpose of through vehicular traffic.

“Authorized emergency vehicle” means any vehicle of any fire department or police department or the city’s office of emergency management and communications and any repair, service or other emergency vehicle of a governmental agency or public service corporation authorized by the superintendent of police.

“Automated speed enforcement system” has the meaning ascribed to that term in Section 11-208.8 of the Illinois Vehicle Code, 625 ILCS 5/11-208.8.

“Automated speed enforcement system violation” or “violation of an automated speed enforcement system” means a violation of Section

9-101-020" destination-id="JD_9-101-020">9-101-020.

“Automated traffic law enforcement system” has the meaning ascribed to that term in Section 11-208.6 of the Illinois Vehicle Code, 625 ILCS 5/11-208.6.

“Automated traffic law enforcement system violation” or “violation of an automated traffic law enforcement system” means a violation of Section

9-102-020" destination-id="JD_9-102-020">9-102-020.

“Bicycle” means every device propelled solely by human power upon which any person may ride, having two tandem wheels and including any device generally recognized as a bicycle though equipped with two front or two rear wheels.

“Bicycle share station” means a station where bicycles are made available for rent to any person of age 16 and older.

“Bicyclist” means a person operating a bicycle.

“Boulevard” means a through street, except that its use is limited exclusively to certain specified classes of traffic.

“Bridle path” means a path designated for travel by persons upon horses.

Bus” means every motor vehicle designed for carrying more than ten passengers and used for the transportation of persons.

Bus stand” means a fixed area in the roadway parallel and adjacent to the curb to be occupied exclusively by buses for layover in operating schedules or waiting for passengers.

Bus stop” means a fixed area in the roadway parallel and adjacent to the curb set aside for the expeditious loading and unloading of passengers only.

“Business street” means the length of any street between street intersections on which more than 50 percent of the entire frontage at ground level of the street is in use by retail or wholesale businesses, hotels, banks, office buildings, railway stations, or public buildings other than schools.

“Carriage” means any device in, upon or by which any person is or may be transported or drawn upon a public way and designed to be or capable of being drawn by a horse.

“Carriage stand” means a fixed area in the roadway parallel and adjacent to the curb to be occupied exclusively by horse-drawn vehicles for loading and unloading passengers or waiting for passengers.

Central Business District” means the district consisting of those streets or parts of streets within the area bounded by a line as follows: beginning at the easternmost point of Division Street extended to Lake Michigan; then west on Division Street to LaSalle Street; then south on LaSalle Street to Chicago Avenue; then west on Chicago Avenue to Halsted Street; then south on Halsted Street to Roosevelt Road; then east on Roosevelt Road to its easternmost point extended to Lake Michigan; including parking spaces on both sides of the above-mentioned streets.

“Commercial vehicle” means a motor vehicle operated for the transportation of persons or property in the furtherance of any commercial or industrial enterprise, for hire or not for hire; including but not limited to a motor vehicle of the first division displaying a placard indicating authorization of the Illinois Commerce Commission to operate as a motor carrier of property but not including, however, public passenger vehicles.

Commissioner”, when used alone, means the commissioner of transportation of the city.

“Compliance violation” means a violation of an ordinance listed in subsection (c) of Section

9-100-020" destination-id="JD_9-100-020">9-100-020 of this Code.  Provided, however, that a violation of Section 9-76-230" destination-id="JD_9-76-230">9-76-230 shall not be deemed to be a compliance violation within the meaning of this definition if such violation is subject to the reporting requirements of Section 6-204 of the Illinois Vehicle Code, as amended.

“Controlled or limited-access highway” means every public way in respect to which owners or occupants of abutting property or lands and other persons have no legal right of access to or from the same except at such points and in such manner as may be determined by the public authority having jurisdiction over such public way.

“Crossing guard” means an adult civilian officially authorized to supervise and expedite the crossing of school children or other pedestrians at hazardous or congested traffic points.

“Crosswalk” means that portion of a roadway ordinarily included within the prolongation or connection of sidewalk lines at intersections, or any other portion of a roadway clearly indicated for pedestrian crossing by markings.

“Determination of parking or compliance violation liability or nonliability” means the finding of liability or nonliability for a parking or compliance violation reached by a hearing officer after consideration of documentary evidence submitted for adjudication by mail, after an administrative hearing at which the registered owner or his attorney appears to contest liability for a parking or compliance violation, or after the registered owner has failed to appear at a requested administrative hearing or respond to a second notice of violation.

“Drag racing” means the act of two or more individuals competing or racing on any street or highway in a situation in which one of the motor vehicles is beside or to the rear of a motor vehicle operated by a competing driver and the one driver attempts to prevent the competing driver from passing or overtaking, either by acceleration or maneuver, or one or more individuals competing in a race against time on any street or highway.

“Driver” means every person who operates or is in actual physical control of a vehicle.

“Driveway or private road” means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner but not by other persons.

Executive director” means the executive director of emergency management and communications.

“Final determination” means: a determination of parking or compliance liability becomes a final determination for purposes of the Administrative Review Law of Illinois upon the timely exhaustion of procedures for administrative or judicial review, or failure to exhaust those procedures within the time prescribed by law.

“Firelane” means every way or place in private ownership used expressly for vehicular travel by emergency equipment and marked as such by signs or pavement markings.

“Funeral procession” means a procession consisting of motor vehicles which are designed and used for the carrying of not more than ten passengers, a funeral hearse and floral cars, or combinations thereof, with or without foot or equestrian units, proceeding to a funeral service or place of burial.

“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, 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 health, safety and welfare. “Hazardous dilapidated motor vehicleshall 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 repairs.

“Highway” means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular traffic.

“Holidays.” When used in the traffic code or on official signs erected by authority of the traffic code, the term “holidays” means New Year’s Day (January 1st), Memorial Day (the last Monday in May), Independence Day (July 4th), Labor Day (the first Monday in September), Thanksgiving Day (the fourth Thursday in November) and Christmas Day (December 25th).

“Intersection” means the area embraced within the prolongation or connection of the property lines of two or more streets which join at an angle, whether or not one such street crosses the other. Where a highway includes two roadways 40 feet or more apart, every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection.

“Laned roadway” means a roadway which is divided into two or more marked lanes for vehicular traffic.

“Mass transportation vehicle” means a public passenger vehicle having seating capacity for 35 or more passengers.

“Merging traffic” means a maneuver executed by the drivers of vehicles on converging roadways to permit simultaneous or alternate entry into the junction thereof, wherein the driver of each vehicle involved is required to adjust his vehicular speed and lateral position so as to avoid a collision with any other vehicle.

“Mobile pay” means the payment for a product or service through an electronic device, such as a smartphone, where the electronic device is involved in both the initiation and confirmation of the payment.

“Motorcycle” means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground but excluding farm tractors.

“Motor-driven cycle” means every motorcycle and every motor scooter with less than 150 cubic centimeter piston displacement.

Motor vehicle” means every vehicle which is propelled by a motor.

Motor vehicle of the first division” means every motor vehicle designed and used for the carrying of not more than ten persons.

Motor vehicle of the second division” means every motor vehicle designed for the carrying of more than ten persons, every motor vehicle designed or used for living quarters, every motor vehicle designed for pulling or carrying freight or cargo, and every motor vehicle of the first division remodeled for use and used as a motor vehicle of the second division.

“Neighborhood electric vehicle” means a self- propelled, electrically powered four-wheeled motor vehicle which is capable of attaining on level pavement a speed of more than 20 miles per hour, but not more than 25 miles per hour, and which conforms to federal regulations under Title 49 C.F.R. Part 571.500.  “Neighborhood electric vehicle” does not include a vehicle modified after its original manufacture to meet the speed requirement or safety equipment requirements contained in Title 49 C.F.R. Part 571.500.

“One-way street or alley” means a public way upon the roadway of which traffic is permitted to travel in one direction only.

Operator” means every person who operates or is in actual physical control of any device or vehicle whether motorized or propelled by human power.

“Outstanding parking or compliance violation” means a parking violation complaint on which no payment has been made or appearance filed in the Circuit Court of Cook County within the time specified on the complaint or a parking or compliance violation notice which has resulted in a final determination of parking or compliance violation liability for which payment in full has not been made.

“Parking (to park)” means the standing of an unoccupied vehicle otherwise than temporarily for the purpose of and while actually engaged in loading or unloading property or passengers.

“Parking meter” means a traffic control device which, upon being activated by deposit of currency of the United States, or by electronic or other form of payment, in the amount indicated thereon or otherwise, either: (1) displays a signal showing that parking is allowed from the time of such activation until the expiration of the time fixed for parking in the parking meter zone in which it is located, and upon expiration of such time indicates by sign or signal that the lawful parking period has expired; or (2) issues a ticket or other token, or activates a display device, on which is printed or otherwise indicated the lawful parking period in the parking meter zone in which the parking meter is located, such ticket, other token, or display device, to be displayed in a publicly visible location on the dashboard or inner windshield of a vehicle parked in the parking meter zone, or such ticket to be affixed on a motorcycle or motor scooter parked in the parking meter zone; or (3) issues an electronic receipt through a virtual network which validates payment of the fee for a specific parking meter on a separate device.

“Parking meter zone” means a certain designated and marked-off section of the public way within the marked boundaries where a vehicle may be temporarily parked and allowed to remain for such period of time as the parking meter attached thereto, or the ticket, other token, display device or electronic receipt issued by the parking meter, may indicate.

“Parking or compliance violation notice” means a handwritten or computer-generated notice either (a) placed on a vehicle that exhibits a compliance violation or is parked or standing in violation of the traffic code, or (b) given to the driver of the vehicle, which may be challenged and enforced in accordance with the process of administrative adjudication.

“Parking or compliance violation notice copy” means any duplicate, photocopy or reproduction, including any computer-stored or computer-generated representation of an original parking or compliance violation notice.

“Parking violation complaint” means a parking ticket summons and complaint, placed on a vehicle parked or standing in violation of the traffic code or given to the driver of the vehicle and returnable to the Circuit Court of Cook County.

“Parkway” means any portion of a street not considered as roadway, sidewalk, driveway or private road.

“Pedestrian” means any person afoot or any “pedestrian with a disability”, as that term is defined in Section 5 of the Illinois Pedestrians with Disabilities Safety Act, codified at 625 ILCS 60/5.

“Play street” means a street or part of a street devoted to recreational purposes.

“Police officer” means every sworn officer of the municipal police department.

“Property line” means the line marking the boundary between any public way and the private property abutting thereon.

“Public building” means a building used by any government agency.

“Public passenger vehicle” means a motor vehicle which is used for the transportation of passengers for hire.

Public way” means any sidewalk, roadway, alley or other public thoroughfare open to the use of the public, as a matter of right, for purposes of travel, excepting bridle paths.

“Push cart” means a conveyance designed to be propelled by a person afoot.

“Railroad” means a carrier of persons or property upon cars operated upon stationary rails.

“Railroad train” means a steam engine, electric or other motor with or without cars coupled thereto, operated upon rails.

“Recreational vehicle” means every camping trailer, motor home, mini-motor home, travel trailer, truck or van camper used primarily for recreational purposes and not used commercially nor owned and used by a commercial business.

“Registered owner” means the person in whose name the vehicle is registered with the Secretary of State of Illinois or such other state’s registry of motor vehicles.

“Residential street” means the length of any street between street intersections when 50 percent or more of the occupied frontage of the street is in use for residence purposes.

“Right-of-way” means the right of a vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger or collision unless one grants precedence to the other.

“Roadway” means that portion of a public way between the regularly established curb lines, or that part improved, and intended to be used for vehicular travel.

“School bus” means every motor vehicle of the second division operated by or for a public or governmental agency or by or for a private or religious organization solely for the transportation of pupils in connection with any school activity.

“Second notice of parking or compliance violation” means the notice, mailed to the address supplied to the Secretary of State by the registered owner of a vehicle, sent after the registered owner has failed to respond within the time allotted by ordinance to a parking or compliance violation notice placed on or given to the driver of such vehicle.

“Semi-trailer” means every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.

“Service drive” means a narrow portion of a public way open to vehicular traffic for the purpose of providing access to the front of abutting property between intersections and separated by physical means from through traffic, if the latter exists, on the same public way.

Sidewalk” means that portion of a public way between the curb, or the lateral lines of the roadway, and the adjacent property lines, intended for the use of pedestrians.

“Standing (to stand)” means the halting of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers; provided, that, an operator is either in the vehicle or in the immediate vicinity, so as to be capable of immediately moving the vehicle at the direction of a police officer or traffic control aide.

“Stop” means the complete cessation of movement.

“Street” means the entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of general traffic circulation.

“Taxicab stand” means a fixed area in the roadway alongside and parallel to the curb set aside for taxicabs to stand or wait for passengers.

“Through street” means every public way or portion thereof on which vehicular traffic is given preferential right-of-way, and at the entrance to which vehicular traffic from intersecting public ways is required by law to yield right-of-way to vehicles on such through street in obedience to a traffic signal, stop sign or yield sign, when such traffic control devices are erected as provided in the traffic code.

“Traffic” means pedestrians, ridden or herded animals, bicycles, vehicles, and other conveyances either singly or together while using any public way for purposes of travel.

“Traffic control aide” means any person designated by the superintendent of police or the executive director of emergency management and communications to exercise the power of a police officer to direct or regulate traffic or to issue citations for violation of parking and compliance ordinances.

“Traffic control devices” means all signs, signals, markings, and devices placed or erected under authority of the city council for the purpose of regulating, warning, or guiding traffic.

“Traffic violation” means a violation of the provisions of Chapter

9-4 through 9-100, other than a standing or parking violation, or a violation of Chapter 9-72.  A compliance violation observed on a vehicle operated on the public way may be treated as a traffic violation, if the operator of the vehicle is also charged with a criminal offense. The superintendent of police shall issue standards for the treatment of a compliance violation as a traffic violation.

“Trailer” means every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.

“Vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a street or highway, except motorized wheelchairs, devices moved solely by human power, devices used exclusively upon stationary rails or tracks and snowmobiles, as defined in the Snowmobile Registration and Safety Act of Illinois.

“Yield right-of-way” means the act of granting the privilege of the immediate use of the intersecting roadway to traffic within the intersection and to vehicles approaching from the right or left.

(Added Coun. J. 7-12-90, p. 18634; Amend Coun. J. 9-11-91, p. 5008; Amend Coun. J. 12-11-91, p. 10832; Amend Coun. J. 3-26-96, p. 19161, effective 1-1-97; Amend Coun. J. 10-28-97, p. 54839; Amend Coun. J. 4-29-98, p. 66564; Amend Coun. J. 12-4-02, p. 99026, § 8.7; Amend Coun. J. 7-9-03, p. 4349, § 2; Amend Coun. J. 7-29-03, p. 6166, § 3; Amend Coun. J. 9-4-03, p. 7167, § 1; Amend Coun. J. 11-19-03, p. 13426, § 3.1; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 4-11-07, p. 102914, § 1; Amend Coun. J. 11-5-08, p. 43707, § 1; Amend Coun. J. 12-4-08, p. 50506, § 8; Amend Coun. J. 2-11-09, p. 55024, § 3; Amend Coun. J. 7-6-11, p. 3026, § 1; Amend Coun. J. 4-18-12, p. 23762, § 3; Amend Coun. J. 6-5-13, p. 54082, § 6; Amend Coun. J. 6-5-13, p. 54983, § 1)

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