Motor Vehicles and Traffic

CHAPTER 14
MOTOR VEHICLES AND TRAFFIC

ARTICLE I. INOPERABLE MOTOR VEHICLES
Sec. 14-1. DEFINITIONS.
The term “inoperable motor vehicle” as used in this Article shall mean any motor vehicle from which, for a  period of at least seven (7) days, 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 power. The term “inoperable motor vehicle” shall not include a motor vehicle that has been rendered temporarily, for a period not exceeding seven (7) days, incapable of being driven under its own power in order to perform ordinary service or repair operations.

Sec. 14-2. PUBLIC NUISANCE DECLARED.
It is hereby declared that all inoperable motor vehicles, whether on public or private property and in view of the general public, are a public nuisance. Any motor vehicle or part thereof which is inoperable or deteriorated or in need of repair which is located for seven (7) days or more upon public or private property within the Village of New Milford, Illinois, outside any enclosure which encloses the vehicle completely from lateral view on all sides, is hereby declared to be a public nuisance.

Sec. 14-3. REPAIRS/TIME LIMIT.
Any inoperable motor vehicle which has been rendered temporarily, for a period of seven (7) days or more, incapable of being driven under its own power in order to perform ordinary service or repair operations is hereby declared to be a public nuisance. Said inoperative motor vehicle which has been rendered temporarily, for a period of seven (7) days or more, incapable of being driven under its own power in order to perform ordinary service or repair operations shall be placed within a building, which building encloses the vehicle completely from lateral view on all sides so that it is not in view of the general public.

Sec. 14-4. EXCEPTION.
Nothing in this Article shall apply to any motor vehicle that is kept within a building or an enclosure that encloses the vehicle on the lawfully zoned premises of a place of business engaged in the repair, wrecking, or junking of motor vehicles.

Sec. 14-5. PENALTY.
Any owner or lessee or any other person in control of the premises and the owner or lessee or any public nuisance as declared in this Article, to exist or who maintains such public nuisance shall, upon conviction, be punished by a fine of not less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00), and each day’s failure to comply with the provisions of this Article shall constitute a separate offense. Each motor vehicle that is permitted to exist as a public nuisance shall constitute the subject of a separate offense.

Sec. 14-6. ENFORCEMENT.
This Article shall be enforced by the Police Department of the Village of New Milford, Illinois, or by such agencies of the County of Winnebago, Illinois, as may from time to time be designated to enforce this Article by the Village of New Milford.

Sec. 14-7. REMOVAL, AFTER NOTICE.
A. Winnebago County deputy sheriffs representing the Village of New Milford under terms of an intergovernmental agreement between Winnebago County and the Village are hereby authorized to remove, after seven (7) days from the issuance of the municipal notice, any inoperable motor vehicle or parts thereof.
B. Prior to removing any inoperable motor vehicle or parts thereof, said law enforcement agency should send a municipal notice to the owner or occupier of the public or private property involved where said offending inoperable motor vehicle or parts thereof are located, stating in substance, that said inoperable motor vehicle, or parts thereof, after reasonable notice describing the same in said notice, are to be removed by said owner or occupier of the public or private property involved within seven (7) days after the date of service of said notice. Said municipal notice may be served by a deposit in the U.S. Mail with sufficient postage for delivery of same, or by personal service of said notice by said law enforcement agency of the Village, or by a deposit in the U.S. Mail by certified mail, return receipt requested or registered mail with the proper postage prepaid addressed to said owner or occupier of the premises involved.
C. After seven (7) days from the issuance of the said municipal notice, said inoperable motor vehicle or parts thereof that have not been removed should be removed by said law enforcement agency of the Village to a suitable storage area. The owner or occupier of the land involved or the owner of the said inoperable motor vehicle or the part thereof should be liable for the payment of reasonable charges for towing and storage of such inoperable motor vehicle or parts thereof as a condition to regaining possession.

Sec. 14-8 through 14-20. RESERVED.

ARTICLE II. DRIVING LICENSES, PERMITS, AND REGISTRATIONS
Sec. 14-21. LICENSE OR PERMIT REQUIRED.
No person shall drive any motor vehicle upon the streets in the Village unless such person has a valid license or permit, or a restricted driving permit, issued by the Secretary of State of the State of Illinois.

Sec. 14-22. UNLAWFUL USE OF LICENSE OR PERMIT.
A. No person shall display or cause or permit to be displayed or have in his possession any canceled, revoked, suspended, fictitious, or fraudulently altered license or permit to drive a motor vehicle.
B. No person shall lend his license or permit to any other person or knowingly allow the use thereof by another.
C. No person shall display or represent as his own any license or permit not issued to him.
D. No person shall display any unlawful use of a license or permit to drive a motor vehicle issued to him.
E. No person shall display, or cause or permit to be displayed or represent or cause to represent any document which purports to be an official driver’s license or permit which is not issued by the Secretary of State of Illinois.
F. No person shall duplicate, manufacture or sell any document which purports to be an official driver’s license or permit which is not issued by the Secretary of State of the State of Illinois.
G. No person shall cause, authorize, or knowingly permit a motor vehicle owned by him or under his control to be driven upon any street in the Village by any person who is not authorized to drive said motor vehicle by the Secretary of State of the State of Illinois or in violation of any of the provisions of the Illinois Vehicle Code.
H. No person shall rent a motor vehicle to any other person unless the lessee is then duly licensed pursuant to the Illinois Vehicle Code or, in the case of a non-resident, then duly licensed under the laws of the state or country of his residence.

Sec. 14-23. NO VALID REGISTRATION.
No person shall operate, nor shall an owner knowingly permit to be operated, upon any highway unless there shall be attached thereto and displayed thereon when and as required by law, proper evidence of registration in Illinois, as follows:
A. A vehicle is required to be registered in Illinois. A current and valid Illinois registration sticker or stickers and plate or plates, or an Illinois temporary registration permit, or a driveway decal or in-transit permit, issued therefore by the Secretary of State.

Sec. 14-24. OPERATION OF VEHICLE WHEN REGISTRATION IS CANCELLED, SUSPENDED OR REVOKED.
No person shall operate, nor shall an owner knowingly permit to be operated, upon any highway:
A. A vehicle the registration of which has been canceled, suspended, or revoked.

Sec. 14-25 through 14-35. RESERVED.

ARTICLE III. TRAFFIC SIGNS, SIGNALS, AND MARKINGS
Sec. 14-36. OBEYING OF TRAFFIC CONTROL DEVICES.
A. Every person operating a motor vehicle in the Village shall obey the instructions of any official traffic control device applicable thereto placed in accordance with this Ordinance unless otherwise directed by a police officer, subject to the exceptions granted by the driver of an authorized emergency vehicle defined in the Village Vehicle Code.
B. It is unlawful for any person to leave the roadway and travel across private property to avoid an official traffic control device.
C. No provision of this Ordinance for which official traffic control devices are required shall be enforced against an alleged violator if, at the time and place of the alleged violation, an official device is not in proper position and sufficiently legible to be seen by an ordinarily observant person.
D. A driver of a vehicle approaching a traffic control signal on which no signal light facing such vehicle is illuminated shall stop before entering the intersection in accordance with rules applicable in making a stop at a stop sign.

Sec. 14-37. AUTHORITY FOR TRAFFIC SIGNALS.
The Village of New Milford, through its designated officers with reference to the streets and highways within the Village, may designate through streets and highways and place and maintain traffic control devices upon streets and highways within the Village, including but not limited to the erection of stop signs or yield signs for the designation of any intersection as a stop intersection or as a yield intersection.

Sec. 14-38. INTERFERENCE WITH OFFICIAL TRAFFIC CONTROL DEVICES.
No person shall, without lawful authority, attempt to or, in fact, alter, deface, injure, knock down, or remove any official traffic control device or any part thereof.

Sec. 14-39. UNLAWFUL USE OR DAMAGE TO HIGHWAYS, APPURTENANCES, AND STRUCTURES.
It shall be unlawful for any person to willfully injure or damage any public street or highway or any bridge, culvert, sign, sign post, or structure upon or used or constructed in connection with any public street or highway within the Village for the protection thereof or for protection or regulation of traffic thereon by any willfully unusual, improper or unreasonable use thereof, or by willfully and careless driving or use of any vehicle thereon or by willful mutilation, defacing or destruction thereof.

Sec. 14-40. UNLAWFUL POSSESSION OF HIGHWAY SIGNS OR MARKERS.
The Village of New Milford, with reference to traffic control signs, signals, or markers owned by the Village, except for employees of the Village, police officers, contractors, and their employees engaged in street or highway construction work approved by the Village, it is unlawful for any person to possess such sign, signal, traffic control device or marker so identified.

Sec. 14-41. OBSTRUCTION TRAFFIC.
No person shall park or place any vehicle or other property of any kind within the streets or highways of the Village of New Milford so as to obstruct or interfere with traffic or travel of other vehicles or pedestrians or endanger public safety.

Sec. 14-42 through 14-50. RESERVED.

ARTICLE IV. SPEED RESTRICTIONS
Sec. 14-51. SPEED LIMITS.
Except as otherwise provided in this Ordinance, it shall be unlawful for any person to drive any motor vehicle on any street, not under the jurisdiction of the state or the county in an urban district within the Village at a speed in excess of twenty (20) miles per hour. Except that Rydberg Road and Rotary Road within the Village limits shall be thirty-five (35) miles per hour.

Sec. 14-52. Speed Limits (Cherokee Hills Subdivision).
It shall be unlawful for any person to drive any motor vehicle on the following roadways located in Cherokee Hills Subdivision in excess of 30 miles per hour: See “Exhibit A.”

Sec. 14-53 through 14-55. RESERVED.

ARTICLE V. TRANSPORTATION OF ALCOHOLIC LIQUOR
Sec. 14-56. TRANSPORTATION OF ALCOHOLIC LIQUOR.
A. Except as provided in paragraph (B) of this Section, no person shall transport, carry, possess, or have any alcoholic liquor within the passenger area of any motor vehicle except in the original container and with the seal unbroken.
B. This Section shall not apply to the passengers of a chartered bus designated for carrying more than ten persons when it is being used for the transportation of said persons. However, this provision of paragraph (B) shall not extend to buses chartered for school purposes. The driver of any such vehicle is prohibited from consuming or having any alcoholic liquor in or about the driving area of any such vehicle.
C. Evidence of alcoholic consumption alone shall be prima facie evidence of the driver’s failure to obey paragraph (B) of this Section.

Sec. 14-57 through 14-60. RESERVED.

ARTICLE VI. RULES OF THE ROAD
Sec. 14-61. OBSTRUCTION OF TRAFFIC.
No vehicle shall be operated or allowed to remain upon any street in such a manner as to form an unreasonable obstruction to the traffic thereon.

Sec. 14-62. STOP STREET.
The driver of a vehicle shall stop in obedience to a stop sign at an intersection where a stop sign is erected at one or more entrances thereto and shall proceed cautiously, yielding to the vehicles not so obliged to stop which are within the intersection of approaching so close as to constitute an immediate hazard, unless traffic at such intersection is controlled by a Police Officer on duty, in which event the directions from the Police Officer shall be complied with.

Sec. 14-63. VEHICLES APPROACHING OR ENTERING INTERSECTIONS.
Except as otherwise provided by law or ordinance, the driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle that has entered the intersection from a different street or roadway.

Sec. 14-64. MUFFLERS, PREVENTION OF NOISE.
Every motor vehicle driven or operated upon the highways of this State shall at all times be equipped with an adequate muffler or exhaust system in constant operation and properly maintained to prevent any excessive or unusual noise. No such muffler or exhaust system shall be equipped with a cutout, bypass, or similar device, and no person shall modify the exhaust system of a motor vehicle in a manner that will amplify or increase the noise of such vehicle above that emitted by the muffler originally installed on the vehicle, and such original muffler shall comply with all the requirements of this Section.

Sec. 14-65. RECKLESS DRIVING.
Any person who drives any vehicle with a willful or wanton disregard for the safety of persons or property is guilty of reckless driving.

Sec. 14-66. DRAG RACING.
No person as an operator of a motor vehicle shall be a participant in drag racing upon any street or highway within the Village. “Drag Racing” means the act of two or more individuals competing or racing on any street or highway in this Village 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 from passing or overtaking him, either by acceleration or maneuver, or one or more individuals competing in a race against time on any street or highway within this Village.

Sec. 14-67. DRIVE ON THE RIGHT SIDE OF THE ROADWAY.
A. Upon all streets or roadways within the Village, a vehicle shall be driven upon the right half of the roadway, except as follows:
1. When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movements;
2. When an obstruction exists, making it necessary to drive to the left of the center of the roadway; provided any person so doing shall yield the right-of-way to all vehicles traveling in a proper direction upon the unobstructed portion of the street or highway within such distance as to constitute an immediate hazard;
3. Upon a roadway or street divided into three marked lanes for traffic under the rules applicable thereon;
4. Upon a roadway restricted to one-way traffic;
5. Whenever there is a single tract paved road on one side of the public highway, and two vehicles meet thereon, the driver on whose side is the wider shoulder shall give the right-of-way on such pavement to the other vehicle.
B. Upon all roadways, any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane available for traffic or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.
C. Upon any roadway having four or more lanes for moving traffic and providing for two-way movement of traffic, no vehicle shall be driven to the left of the center line of the roadway, except when authorized by official traffic control devices designating certain lanes to the left side of the center of the roadway for use by traffic not otherwise permitted to use such lanes, or except as permitted under Section A.2. herein. However, this subsection shall not be construed as prohibiting the crossing of the center line in making a left turn into or
from an alley, private road, or driveway.

Sec. 14-68. PASSING VEHICLES PROCEEDING IN OPPOSITE DIRECTIONS.
Drivers of vehicles proceeding in opposite directions shall pass each other to the right, and upon roadways having width for not more than one line of traffic in each direction, each driver shall give to the other at least one-half of the main-traveled portion of the roadway as nearly as possible.

Sec. 14-69. OVERTAKING A VEHICLE ON THE LEFT.
The following rules govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, excepting and special rules otherwise stated in the Illinois Vehicle Code:
A. The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway unless safely clear of the overtaken vehicle. In no event shall such movement be made by driving off the pavement or the main-traveled portion of the roadway.
B. Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.
C. The driver of a two-wheeled vehicle may not, in passing upon the left of any vehicle proceeding in the same direction, pass on the right of any vehicle proceeding in the same direction unless there is an unobstructed lane of traffic available to permit such passing maneuver safely.

Sec. 14-70. LIMITATIONS ON OVERTAKING ON THE LEFT.
No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless authorized by the provisions of the Illinois Vehicle Code and unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event, the overtaking vehicle must return to an authorized lane of travel as soon as practicable in the event the passing movement involves the use of a lane authorized for vehicles approaching from the opposite direction before coming within 200 feet of any vehicle approaching from the opposite direction.

Sec. 14-71. FOLLOWING TOO CLOSELY.
A. The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and traffic upon and the conditions of the highway.
B. The driver of any truck or motor vehicle drawing another vehicle when traveling upon a roadway outside of a business or residence district and which is following another truck or motor vehicle drawing another vehicle shall, whenever conditions permit, leave sufficient space so that an overtaking vehicle may enter and occupy such space without danger, except that this shall not prevent a truck or motor vehicle drawing another vehicle from overtaking and passing any vehicle or combination of vehicles.
C. Motor vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade, whether or not towing other vehicles shall be so operated as to allow sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy such space without danger. This provision shall not apply to funeral processions.

Sec. 14-72. REQUIRED POSITION AND METHOD OF TURNING AT INTERSECTIONS.
The driver of a vehicle intending to turn at an intersection shall do so as follows:
A. Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway.
B. The driver of a vehicle intending to turn left at any intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle, and after entering the intersection, the left turn shall be made so as to leave the intersection in a lane lawfully available to traffic moving in such direction upon the roadway being entered. Whenever practicable, the left turn shall be made in that portion of the intersection to the left of the center of the intersection.
C. The Village of New Milford may cause official traffic control devices to be placed within or adjacent to intersections and thereby require and direct that a different course from that specified in this Section be traveled by vehicles turning at an intersection and where such devices have so placed no driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by such device.
D. When a special lane for making left turns by drivers proceeding in opposite directions has been indicated by official traffic control devices, allowing for exceptions which are normal traffic engineering standards:
1. A left turn shall not be made from any other lane;
2. A vehicle shall not be driven in the lane except when preparing for or making a left turn from or into the roadway or when preparing for or making a U-turn when otherwise permitted by law.

Sec. 14-73. LIMITATIONS ON U-TURNS.
A. The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction unless such movement can be made in safety and without interfering with others on streets within the Village where there are no traffic control devices limiting U-turns.
B. No vehicle shall be turned so as to proceed in the opposite direction upon any curve or upon the approach to or near the crest of a grade, where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within 500 feet.
C. No driver of any motor vehicle upon the streets or highways within the Village of New Milford shall make a U-turn where “No U-turns” or similar traffic control devices are placed prohibiting the same.

Sec. 14-74. STARTING A PARKED VEHICLE.
No person shall start a vehicle that is stopped, standing, or parked until such movement can be made with reasonable safety.

Sec. 14-75. WHEN SIGNAL REQUIRED.
A. No person shall turn a vehicle at an intersection unless the vehicle is in proper position upon the roadway as required by this ordinance or turn a vehicle to enter a private road or driveway, or otherwise turn a vehicle from a direct course or move right or left upon a roadway unless and until such movement can be made with reasonable safety. No person may so turn any vehicle without giving an appropriate signal in the manner hereinafter provided.
B. A signal of intention to turn right or left when required must be given continuously during not less than the last 100 feet traveled by the vehicle before turning within a business or residence district, and such signal must be given continuously during not less than the last 200 feet traveled by the vehicle before turning outside a business or residence district.
C. No person may stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided in the Illinois Vehicle Code to the driver of any vehicle immediately to the rear when there is an opportunity to give such a signal.
D. The electric turn signal device required in Section 12-108 of the Illinois Vehicle Code must be used to indicate an intention to turn, change lanes or start from a parallel park position but must not be flashed on one side only on a parked or disabled vehicle or flashed as a courtesy or “do not pass” signal to operators of other vehicles approaching from the rear. However, such signal devices may be flashed simultaneously on both sides of a motor vehicle to indicate the presence of a vehicular traffic hazard requiring unusual care in approaching, overtaking, and passing.

Sec. 14-76. SIGNAL BY HAND OR ARM OR SIGNAL DEVICE.
Any stop or turn when required herein shall be given either by means of the hand and arm or by an electric turn signal device conforming to the requirements of Section 12-208 of the Illinois Vehicle Code.

Sec. 14-77. METHOD OF GIVING HAND AND ARM SIGNALS.
All signals herein required given by hand and arm shall be given from the left side of the vehicle in the following manner, and such signals shall indicate as follows:
A. Left turn — Hand and arm extended horizontally;
B. Right turn — Hand and arm extended upward;
C. Stop or decrease speed — Hand and arm extended downward.

Sec. 14-78. RIGHT-OF-WAY RULES.
The following right-of-way rules shall apply to any person driving a vehicle within the Village of New Milford.
A. When two vehicles approach or enter an intersection from different roadways at approximately the same time, the driver of the vehicle on the left must yield the right-of-way to the vehicle on the right.
B. The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or the driveway shall yield the right-of-way to any vehicle approaching from the opposite direction which is so close as to constitute an immediate hazard, but said driver, having so yielded may proceed at such time as a safe interval occurs.
C. Except when directed to proceed by a police officer or traffic control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop at a clearly marked stop line, but if not before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection. After having stopped, the driver shall yield the right-of-way to any vehicle which has entered the intersection from another roadway or which is approaching so closely on the roadway as to constitute an immediate hazard during the time when the driver is moving across or within the intersections, but said driver having so yielded may proceed at such time as a safe interval occurs.
D. The driver of a vehicle approaching a yield sign shall, in obedience to such sign, slow down at a speed reasonable for the existing conditions and, if required for safety to stop, shall stop at a clearly marked stop sign, but if not, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway. After slowing or stopping, the driver shall yield the right-of-way roadway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection.
E. If a driver is involved in a collision at an intersection or interferes with the movement of other vehicles after driving past a yield right-of-way sign, such collision or interference shall be deemed prima facie evidence of the driver’s failure to yield the right-of-way.

Sec. 14-79. VEHICLE ENTERING HIGHWAY FROM PRIVATE ROAD OR DRIVEWAY.
The driver of a vehicle about to enter or cross a highway from an alley, building, private road, or driveway shall yield the right-of-way to all vehicles approaching on the highway to be entered.

Sec. 14-80. EMERGING FROM ALLEY, BUILDING, PRIVATE ROAD, OR DRIVEWAY.
The driver of a vehicle emerging from an alley, building, private road, or driveway within an urban area shall stop such vehicle immediately prior to driving into the sidewalk area extending across such alley, building entrance, road, or driveway, or in the event, there is no sidewalk area, shall stop at the point nearest the street to be entered where the driver has a view of approaching traffic thereon and shall yield the right-of-way to any pedestrian as may be necessary to avoid the collision, and upon entering the roadway shall yield the right-of-way to all vehicles approaching on such roadway.

Sec. 14-81. WHEN LIGHTED LAMPS ARE REQUIRED.
A. When upon any street or highway within the Village of New Milford, during the period from sunrise to sunset, every motorcycle shall at all times exhibit at least one lighted lamp, showing a white light visible for at least 500 feet in the direction of the motorcycle is proceeding.
B. All motor vehicles shall, during the period from sunset to sunrise, or at any other time when visibility is so limited as to require the use of lights for safety, exhibit two lighted driving lamps, except that a motorcycle needs exhibit only one such driving lamp, showing white lights, or lights or a yellow or amber tint, visible for at least 500 feet in the direction the motor vehicle is proceeding. Parking lamps may be used in addition to but not in lieu of any such driving lamps. Every motor vehicle, trailer, or semi-trailer shall also exhibit at least two lighted lamps, commonly known as tail lamps, which shall be mounted on the left rear and right rear of the vehicle so as to throw a red light visible for at least 500 feet in the reverse direction, except that a motorcycle or a truck tractor or road tractor manufactured before January 1, 1968, need be equipped with only one such lamp.
C. Either a tail lamp or a separate lamp shall be so constructed and placed as to illuminate with a white light a rear registration place when required and render it clearly legible from a distance of 50 feet to the rear. Any tail lamp or tail lamps, together with a separate lamp or lamps for illuminating a rear registration plate, shall be so wired as to be lighted whenever the driving lamps or auxiliary driving lamps are lighted.

Sec. 14-82. DRIVING UPON SIDEWALKS.
No person shall drive any motor vehicles within the Village of New Milford upon a sidewalk or sidewalk area except upon permanent or duly authorized temporary driveway or except for special delivery or pickup involving goods or customer services.

Sec. 14-83. NEGLIGENT DRIVING.
It shall be unlawful for any person to operate a motor vehicle upon the public streets or highways within the corporate limits of the Village of New Milford, Illinois, in such a manner as to endanger or be likely to endanger any persons or property.

Sec. 14-84. TRUCK TRAFFIC RESTRICTIONS.
A. No vehicle or combination of vehicles, unladen or with load, shall be driven on a posted “No Truck” street when said vehicle carries an Illinois license designation greater than a “Class B” or its equivalent out-of-state license. Nothing in this Ordinance shall prohibit safety vehicles from driving on roads posted “No Trucks.”
B. Subject to the restrictions set forth above in paragraph A, trucks as defined above shall be prohibited from driving on the following highways located within the Village:
1. Rydberg Road between Rotary Road and Baxter Road.

Sec. 14-85. REGULATION OF OFF-ROAD TRACKS.
No off-road track or path for use by motorized vehicles shall be allowed in the Village except for the following:
A. Commercially and Industrially zoned areas.
B. Agriculturally zoned areas, except that no portion of the off-road track or path may be within 2640 feet of residentially zoned properties.

Sec. 14-86 through 14-110. RESERVED.

ARTICLE VII. EQUIPMENT
Sec. 14-111. DEFINITIONS.
A. “Bumper.” Every device or system of devices protruding from and attached to the front or rear of a motor vehicle has been designed to be used to absorb the impact of a collision.
B. “Suspension system.” The system of devices consists of but is not limited to: springs, spring shackles, shock absorbers, torsion bars, frames, or any other supporting members used to attach the body of a motor vehicle to its axles.
C. “Motor vehicle.” Every vehicle is self-propelled, but. not operated upon rails.
D. “Motorcycle.” Every motor vehicle has a seat or saddle for the use of the rider and is designed to travel on not more than three wheels in contact with the ground, but excluding a tractor.
E. “Chassis.” Every frame or supportive element of a vehicle, whether or not a manufacturer’s identification number, serial number, or other identifying numbers, is present on said part.

Sec. 14-112. REGULATIONS.
It shall be unlawful to operate a motor vehicle on any highway of the Village when the suspension system has been modified from the original manufactured design by lifting the body line from the front to the rear bumper to vary over three inches in height when measured from a level surface of the highway to the lower edge of the bumper. Nothing in this Section shall prevent the installation of manufactured heavy-duty equipment, including shock absorbers and overload springs, nor shall anything contained in this Section prevent a person from operating a motor vehicle on any highway of this Village with normal wear of the suspension system if normal wear does not affect the control or safe operation of the vehicle. This Section shall not apply to motor vehicles designed or modified primarily for off-highway racing purposes while such vehicles are in tow or to motorcycles or motor-driven cycles.

Sec. 14-113. BUMPER REQUIREMENTS.
It shall be unlawful to operate any motor vehicle with a gross vehicle weight rating of 9,000 pounds or less or any motor vehicle registered as a recreational vehicle under this Article on any highway of this Village unless such motor vehicle is equipped with both a front and rear bumper. Except as indicated below, maximum bumper heights of such •motor vehicles shall be determined by the weight category of gross vehicle weight rating (GVWR) measured from a level surface at the highest point of the bottom of the bumper when the vehicle
is unloaded, and the tires are inflated to the manufacturer’s recommended pressure.
Maximum bumper heights are as follows:
MAXIMUM FRONT       MAXIMUM READ
BUMPER HEIGHT         BUMPER HEIGHT
All motor vehicles of the first division          22 inches                    22 inches
4,500 lbs. and under GVWR                           24 inches                    26 inches
4,501 lbs. – 7,500 lbs. GVWR                           27 inches                   29 inches
7,501 lbs. – 9,000 lbs. GVW                            28 inches                    30 inches
However, nothing in this Section shall prevent the installation of bumper guards.

This Section shall not apply to motor vehicles designed or modified primarily for off-highway purposes while such vehicles are in tow or to motorcycles or motor-driven cycles, nor to motor vehicles registered as antique vehicles when the original design of such vehicles did not include bumpers.

Sec. 14-114. PENALTY.
Any person found guilty of violating any Section of this Article shall be punished by a fine of not less than Fifty Dollars ($50.00) but not more than Five Hundred Dollars ($500.00).

Sec. 14-115. LIGHTS.
It shall be unlawful to operate or park on any street any vehicle not equipped with adequate lights conforming to the requirements of state law.

Sec. 14-116. BRAKES.
It shall be unlawful to drive any vehicle upon any street in the Village unless such motor vehicle is equipped with good and sufficient brakes in good working order, as required by the state traffic law, or to operate any vehicle which is so loaded that the operator does not have ready access to the mechanism operating the brakes of such vehicle.

Sec. 14-117. TIRES.
It shall be unlawful to operate on any street any motor vehicle which is not equipped with tires conforming to the requirements of the state traffic law.

Sec. 14-118. PERSONS ARE REQUIRED TO WEAR SAFETY BELTS.
Each driver and front seat passenger of a motor vehicle operated on a street or highway in the Village shall wear a properly adjusted and fastened seat safety belt.
Every parent or legal guardian of a child under the age of four (4) years residing in this State shall be responsible, when transporting his or her child in a motor vehicle or recreational vehicle, of which that parent or guardian is the owner, on the roadway, streets or highways of this State, for providing for the protection of such child by properly securing him or her in a child restraint system.
For purposes of this Section, “child restraint system” means any device which meets the standards of the United States Department of Transportation designed to restrain, seat, or position children.
For purposes of this Section, “legal guardian” means a person appointed guardian or given custody of a minor by a circuit court of this State, but does not include a person appointed guardian or given custody of a minor under the Juvenile Court Act.
The provisions of this Ordinance shall not apply to a child passenger with a physical handicap of such a nature as to prevent appropriate restraint in such a seat, provided that such handicap is duly certified by a physician who shall state the nature of the handicap, as well as the reason the restraint is inappropriate.

EXCEPTIONS. Section 14-118 shall not apply to any of the following:
A. A driver or passenger frequently stops and leaves the vehicle or delivers property from the vehicle if the speed of the vehicle between stops does not exceed 15 miles per hour.
B. A driver or passenger possessing a written statement from a physician that such person is unable, for medical or physical reasons, to wear a seat safety belt.
C. A driver or passenger possessing an official certificate or license endorsement issued by the appropriate agency in another state or country indicating that the driver is unable for medical, physical, or other valid reasons to wear a seat safety belt.
D. A driver operating a motor vehicle in reverse.
E. A motor vehicle with a model year prior to 1965.
F. A motorcycle or motor-driven cycle.
G. A motorized pedal cycle.
H. A motor vehicle that is not required to be equipped with seat safety belts under federal law.
I. A motor vehicle operated by a rural letter carrier of the United States Postal Service while performing duties as a rural letter carrier.

FAILURE TO COMPLY. Failure to wear a seat safety belt in violation of this Article shall not be considered evidence of negligence, shall not limit the liability of the insurer, and shall not diminish any recovery for damages arising out of the ownership, maintenance, or operation of a motor vehicle.

Sec. 14-119. A violation of Section 14-118 is a petty offense as it is applicable to the child restraint laws, is a petty offense punishable by a fine of not more than Twenty-five Dollars ($25.00) waived upon proof of possession of an improved child restraint system as defined under this Section. A subsequent violation of Section 14-118 or similar ordinances is a petty offense punishable by a fine of not more than Fifty Dollars ($50.00).

Sec. 14-120. SQUEALING TIRES.
No person shall squeal or make unusual noise with the tires of any vehicle.

Sec. 14-121 through 14-125. RESERVED.

ARTICLE VIII. SNOW REMOVAL – EMERGENCIES
Sec. 14-126. There is hereby declared an emergency within the Village of New Milford at any time snow shall accumulate to a depth of two (2) inches and shall continue until the snow has been plowed and removed from the streets within the Village.

Sec. 14-127. During the period that a snow emergency shall be in effect, as defined in Section 14-126, it shall be unlawful for any person to stop, stand or park any motor vehicle on any street in the Village until the said street is cleared of snow by the Village authorities.

Sec. 14-128. Any vehicle parked in compliance with this Ordinance on the applicable calendar date may remain so parked until 7:00 A.M. on the day following.

Sec. 14-129. Every person who violates or fails to comply with the provision of this Ordinance shall be fined in a sum not less than Fifty Dollars ($50.00) nor more than One Hundred Dollars ($100.00) for each offense and, in addition to said fine should be required to pay the reasonable and necessary cost or charge of removing the said vehicle from such street.

Sec. 14-130. The police officer of the Village of New Milford, Illinois, is hereby authorized to cause the removal from the street of any vehicle parked in violation of the provisions of this Ordinance.

Sec. 14-131 through 14-135. RESERVED.

ARTICLE IX. STANDING, STOPPING, AND PARKING
Sec. 14-136. The Village of New Milford does designate no parking areas and prohibited places upon Village streets, alleys, highways, and Village-owned property.

Sec. 14-137. AREAS POSTED “NO PARKING” IN THE VILLAGE.
The owner and/or operator of a vehicle shall be prohibited from parking vehicles in areas posted “Parking This Side Only” or “No Parking” in the Village except as provided in Section 14-127.

Sec. 14-138. PROHIBITED PLACES OF PARKING:
A. On the roadway side of any vehicle stopped or parked at the edge or curb of a roadway.
B. On a sidewalk.
C. Within three feet of the nearest edge of a public or private driveway or opposite such driveway so as to obstruct ingress or egress.
D. Within an intersection.
E. Within fifteen feet of a fire hydrant.
F. On a crosswalk.
G. Within twenty feet of a crosswalk.
H. Within thirty feet of any flashing signal, stop sign, yield sign, or traffic control signal located at the side of the roadway.
I. Upon any bridge or other elevated structure.
J. RESERVED.
K. In any area which is designated by the posting of signage pursuant to State statute which designates said area as a tow away zone;
L. In any alley;
M. In any fire lane which is properly designated by the posting of signs as required by State statute;
N. Any loading zone properly posted with appropriate signage.

Sec. 14-139. No person shall, without the permission of the owner or lessee of any private property, leave or park any vehicle thereon if there is a plain view on such property a “no parking” sign or a “parking this side only” sign.

Sec. 14-140. Every vehicle stopped or parked upon a two-way or one-way roadway shall be so stopped or parked with its right-hand wheels parallel to and within twelve inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder.

Sec. 14-141. Except for violations of Section 14-138(K), (L), (M), and (N), any person violating or disobeying any parking signs shall be issued a citation which will result in a fine. A separate offense shall be deemed committed upon each day during or on which violations occur or continue.
Any person or entity violating Section 14-138 (K), (L), (M), and (N) shall be fined the minimum amount stated below if paid within ten (10) days from the issuance of a said citation, and the maximum amount indicated below in the event that said citation is not paid within ten (10) days from the date of issuance:
14-138(K) – $25-100
14-138(L) – $50-100
14-138(M) – $50-100
14-138(N) – $50-100

Sec. 14-142. LIMITATION ON PARKING OF TRUCKS IN RESIDENTIAL AREAS.
A. It shall be unlawful for the operator or owner of any motor vehicle except a passenger vehicle, public utility truck, and truck licensed by the State under the classification of “A” or “B” to license the park such a vehicle within residential areas in the Village of New Milford for a period of longer than one (1) hour. For the purposes of this paragraph, recreational vehicles classified as “RV” shall not be considered above as an “A” or “B” license.
B. Further, it shall be unlawful to park any vehicle weighing in excess of eight thousand (8,000) pounds gross
weight, including vehicle and maximum load, within residential areas of the Village of New Milford for a period of longer than one (1) hour.
C. The requirements of this Section shall not apply to commercial vehicles parked within the Village limits for the purpose of delivering or collecting persons, materials, or merchandise or performing some service to the residents on whose property or adjacent to whose property the vehicle is being parked.

Sec. 14-143 through 14-173. RESERVED.

Sec. 14-174. RESTRICTED ROADWAYS.
A. It shall be unlawful to drive and/or park any motor vehicle having a license classification of “D” or higher on the following roads or highways located within the Village of New Milford: Meeker, Mead, Menard, Murray, Mitchell, Montgomery, Macon, Morris, Mercer, Monterey, Mandira, Midland, and Miami. This Section shall not apply to any pick-up truck having a “D” plate.
B. The restriction set forth in (a) above shall not apply to garbage refuge vehicles, emergency vehicles, delivery vehicles, or service vehicles.

Sec. 14-175. WEIGHT OF VEHICLES LIMITED BECAUSE OF DETERIORATION DUE TO CLIMATIC CONDITIONS; SIGNS.
A. Whenever by reason of deterioration, rain, snow, freezing, thawing, or other climatic conditions, highways under the control, supervision, and jurisdiction of the Village of New Milford may be damaged or destroyed, the maximum weights permitted to be transmitted to the surface of any vehicle shall be limited to conform with the following limitations:
2 axles, single rear tires, 7,000 lbs.
*2 axles, dual rear tires 18,000 lbs.
*3 or more axles, dual rear tires 30,000 lbs.
*Gross axle load 11,000 lbs.
The above limitation shall be in effect for a period not to exceed ninety (90) days in any one calendar year, and a notice of the above prohibitions and restrictions shall be posted at each end of that portion of any such highway on signs with black printing on a white background and minimum measurements of thirteen inches by nine inches (13” X 9”).
B. The Village Engineer is hereby authorized and directed to cause signs to be erected and maintained at each end of any such highway, which signs shall designate the maximum weight restrictions here adopted and shall read as follows:
NOTICE
VEHICLE RESTRICTED TO THE FOLLOWING GROSS WEIGHTS
2 axles, single rear tires, 7,000 lbs.
*2 axles, dual rear tires 18,000 lbs.
*3 or more axles, dual rear tires 30,000 lbs.
*Gross axle load 11,000 lbs.

Sec. 14-176. PENALTIES.
Whenever any vehicle is operated in violation of Section 14-175 of this Chapter, the owner or driver of such vehicle shall be deemed guilty of such violation, and either the owner or the driver of such vehicle may be prosecuted for such violation. Any person, firm, or corporation convicted of any violation of Section 14-175 hereof shall be fined according to the following schedule:
Up to and including 2000, $50.00 unless the over pounds overweight weight can be shifted or removed to conform to all legal weights
From 2001 pounds through 2500 pounds overweight, The fine is $135.00
From 2501 pounds through 3000 pounds overweight, The fine is $165.00
From 3001 pounds through 3500 pounds overweight, The fine is $260.00
From 3501 pounds through 4000 pounds overweight, The fine is $300.00

Section 14-177. PROHIBITION OF THE OPERATION OF SNOWMOBILES ON MUNICIPALLY OWNED PROPERTY
A. It shall be unlawful for any person to drive or operate any snowmobile on any municipally owned real estate other than provided for under 625 ILCS 40/2.
B. Any person found to be in violation of this Ordinance shall be fined not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00).

Section 14-178. HANDICAP PARKING AREAS
A. HANDICAPPED SIGNS. The Village shall install proper signs indicating such areas are reserved for handicapped persons only; and,
B. DECAL REQUIRED. It shall be unlawful to park any motor vehicle which is not bear a registration plate issued to a handicapped person as defined in 625 ILCS 5/1-159.1, pursuant to 625 ILCS 5/3-616, or to a disabled veteran pursuant to 625 ILCS 5/3-609, or a special decal or device issued pursuant to 625 ILCS 5/3-616, or pursuant to 65 ILCS 5/11-1301.2, or a motor vehicle registered in another jurisdiction upon which is displayed a registration plate, special decal or device issued by the other jurisdiction designating the vehicle is operated by or for a handicapped person or issued under the authority of the Village Board of Trustees of the Village of New Milford as evidence that the vehicle is operated by or for a handicapped person or disabled veteran, in any parking space specifically reserved by the posting of the proper sign to the effect that said parking place is for handicapped persons or motor vehicles bearing such registration plates or decals.
C. PENALTY. Violation of this Section shall be punishable, upon conviction, by a mandatory fine of One Hundred Dollars ($100.00) for each offense in addition to any cost or charges connected with the removal or storage of any motor vehicle pursuant to 625 ILCS 5/11-1301.3(b).

Sec. 14-179 through 14-199. RESERVED.

ARTICLE X.
SNOWMOBILE ORDINANCES, SNOWMOBILES, SNOWMOBILE REGULATIONS

Sec. 14-200.
It shall be unlawful for any person to drive or operate any snowmobile within the Village of New Milford, Illinois, except under the following rules and regulations.
A. Time of Operation. Any person may drive or operate a snowmobile between 10:00 a.m. and 10:00 p.m. on any day, with the exception that on Saturdays, the hours of operation are extended until 12:00 a.m. midnight.
B. Snowmobiles will not be permitted on any public street or road other than specified by proper signage and may not be operated on any private property without the prior written permission of the owner of the property. However, the driver or operator of the snowmobile may cross a street, road, or highway on a 90o angle to the said roadway for the purpose of driving the snowmobile from one (1) authorized area to another.
C. Snowmobiles driven or operated traveling North or South along Illinois Route 251 shall be subject to the rules and regulations of the State of Illinois and not the Village of New Milford.
D. It shall be unlawful for any driver or operator of a snowmobile to operate the snowmobile within the Village of New Milford boundaries without displaying a current State of Illinois registration.
E. The driver or operator of the snowmobile may operate the vehicle along the following roads or highways located within the Village of New Milford and no others:
1. The South right of way of Rotary Road from the Village limits on the East to Illinois Route 251 on the West.
2. The West right of way of Rydberg Road from the Village limits on the North to Baxter Road on the
South.
F. It shall be unlawful to generate a snowmobile at speeds in excess of thirty miles per hour (30 mph) along the roadways designated in Paragraphs (e)(1) and (e)(2) above.
G. Any person found to be in violation of rules and regulations set forth above shall be subject to a fine of not less than $50.00 and not more than $500.00

ARTICLE XI.
OPERATION OF OFF-HIGHWAY VEHICLES PROHIBITED ADJACENT TO RESIDENCES.

Sec. 14-201.
A. “Off-highway vehicle” means a motor-driven recreational vehicle capable of cross-country travel on natural terrain without the benefit of a road or trail, including an all-terrain vehicle and off-highway motorcycle as defined in the Illinois Vehicle Code [Chapter 625, Illinois Compiled Statutes]. “Off-highway vehicle” does not include a snowmobile; a motorcycle; a watercraft; a farm vehicle being used for farming; a vehicle used for military, fire, emergency, or law enforcement purposes; a construction or logging vehicle used in the performance of its common function; a motor vehicle owned by or operated under contract with a utility, whether publicly or privately owned, when used for work on utilities; a commercial vehicle being used for its intended purpose; or an aircraft.
B. The operation of an off-highway vehicle within one hundred (100) feet of any residence is hereby declared a public nuisance and is prohibited, excluding, however, any residence on the property upon which the vehicle is being operated if such operation is lawful.
C. Time of operation. Any person may drive or operate an off-highway vehicle between 10:00 a.m. and 10:00 p.m.on any day, with the exception that on Saturdays, the hours of operation are extended until 12:00 a.m. midnight.
D. Penalty. Any person found to be in violation of the rules and regulations set forth above shall be subject to a fine of not less than $50 and not more than $500 for any one (1) offense.
E. Exception for Village Authorized Non-Highway Vehicles. Notwithstanding the provisions of subparagraphs A through D above, Village Authorized Non-Highway Vehicles shall be permitted to operate on streets, highways, and roadways which are under Village jurisdiction. “Village Authorized Non-Highway Vehicles” shall mean those non-highway vehicles identified in 625 ILCS 5/11-1426.1 (i.e., all-terrain vehicles, golf carts, off-highway motorcycles, and recreational off-highway vehicles) which are owned and/or operated by the Village or which are utilized by contractors of the Village in connection with the services performed by the contractor for the Village. Such Village Authorized Non-Highway Vehicles shall be subject to conforming to the applicable provisions of the Illinois Vehicle Code and 625 ILCS 5/11-1426.1, including, but not limited to the following:
1. Village Authorized Non-Highway Vehicles may only be operated on streets and roadways where the posted speed limit is 35 miles per hour or less. Village Authorized Non-Highway Vehicles may cross a roadway or street at an intersection where the roadway or street has a posted speed limit of more than 35 miles per hour.
2. Any person operating a Village Authorized Non-Highway Vehicle must have a valid driver’s license.
3. The Village Authorized Non-Highway Vehicle must, at a minimum, have the following: brakes, a steering apparatus, tires, a rearview mirror, red reflectorized warning devices in the front and rear, a slow-moving emblem on the rear of the Village Authorized Non-Highway Vehicle (as required of other vehicles pursuant to 625 ILCS 5/12-709), a headlight that emits a white light visible from a distance of 500 feet to the front, a tail lamp that emits a red light visible from at least 100 feet from the rear, brake lights, and turns signals. When operated on a roadway, a Village Authorized Non-Highway Vehicle shall have its headlight and tail lamps lighted.
4. Any person operating a Village Authorized Non-Highway Vehicle is subject to the mandatory insurance requirements of 625 ILCS 5/7-601 et seq. (Ordinance No. 2013-4)

Sec. 14-202 through 14-249 RESERVED.

Sec. 14-250. Definitions.
The following terms, as used in this Article, shall have the meanings set forth below:
A. Vehicle shall have the same definition as set forth in the Illinois Motor Vehicle Code, including, but not limited to, cars, trucks, vans, pick-up trucks, and motorcycles.
B. Recreational Vehicle includes, but is not limited to, motor homes, campers, cargo trailers, travel trailers, boats, snowmobiles, all-terrain vehicles, and any other vehicle which may be licensed by the State of Illinois as a recreational vehicle.
C. Non-Motorized Vehicle shall mean any licensed or unlicensed trailer including, but not limited to, camping trailers, travel trailers, boat trailers, snowmobile trailers, bike trailers, all-terrain vehicle trailers, flatbed trailers, or any other trailer used for any type of hauling or towing.

Sec. 14-251. Regulations.
The following regulations shall apply to the parking, storage, and location of Vehicles, Recreational Vehicles, and Non-Motorized Vehicles on residentially zoned properties:
A. All Vehicles on the residentially zoned property shall be parked, stored, or located on a bituminous material,  concrete, cement, or gravel surface. It shall be unlawful for any person, party, or entity to cause or permit any Vehicle to be parked, located, or stored on a non-hard surface or on the lawn of the property.
B. It shall be unlawful for any person, party, or entity to cause or allow a Recreational Vehicle or Non-Motorized Vehicle to be parked, located, or stored outside in the front yard of a property for a period exceeding seven (7) continuous days per month. During such seven (7) day period, any such Recreational Vehicle or Non-Motorized Vehicle parked, located, or stored outside in the front yard must be on bituminous material, concrete, cement, or gravel and shall not be parked, located, or stored on any lawn or non-hard surface of the property and shall not be permitted to be parked or stored in such a manner that creates a traffic hazard.
C. Except during the seven (7) day period provided for above in subparagraph (B) above, Recreational Vehicle or Non-Motorized Vehicle shall be parked, stored, or located in the side yard or rear yard of a property so long as it is parked, stored or located in accordance with the following:
i. Must be parked, located, or stored on a bituminous material, concrete, cement, or gravel pad. Placing an individual brick, paver, or patch/bag of gravel under each wheel of a Recreational Vehicle or Non-Motorized Vehicle shall not be permitted.
ii. Any Recreational Vehicle or Non-Motorized Vehicle parked, located, or stored in a side or rear yard of a property shall not be located within any and all applicable setbacks and not be less than five (5) feet from any side or rear lot line.
D. No Recreational Vehicle or Non-Motorized Vehicle shall be permitted to be parked, located or stored on any residentially zoned property in excess of seven (7) days.”

Sec. 14-252. Penalties.
Any person found to be in violation of any provision of this Article shall be subject to a fine of not less than $50.00 and not more than $750.00 per violation, with each day a violation exists constituting a separate offense. (Ordinance No. 2015-3)