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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5435 Introduced , by Rep. Jennifer Sanalitro SYNOPSIS AS INTRODUCED:
| | 625 ILCS 5/11-208 | from Ch. 95 1/2, par. 11-208 |
| Amends the Illinois Vehicle Code. Provides that a unit of local government, including a home rule unit, may not enact an ordinance providing for a noise monitoring system upon any portion of its roadways (removing language allowing the City of Chicago to enact an ordinance providing for a noise monitoring system upon any portion of the roadway known as Lake Shore Drive). Makes changes to the definition of "noise monitoring system". | |
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
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| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Illinois Vehicle Code is amended by |
| 5 | | changing Section 11-208 as follows:
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| 6 | | (625 ILCS 5/11-208) (from Ch. 95 1/2, par. 11-208) |
| 7 | | Sec. 11-208. Powers of local authorities. |
| 8 | | (a) The provisions of this Code shall not be deemed to |
| 9 | | prevent local authorities with respect to streets and highways |
| 10 | | under their jurisdiction and within the reasonable exercise of |
| 11 | | the police power from: |
| 12 | | 1. Regulating the standing or parking of vehicles, |
| 13 | | except as limited by Sections 11-1306 and 11-1307 of this |
| 14 | | Act; |
| 15 | | 2. Regulating traffic by means of police officers or |
| 16 | | traffic control signals; |
| 17 | | 3. Regulating or prohibiting processions or |
| 18 | | assemblages on the highways; and certifying persons to |
| 19 | | control traffic for processions or assemblages; |
| 20 | | 4. Designating particular highways as one-way highways |
| 21 | | and requiring that all vehicles thereon be moved in one |
| 22 | | specific direction; |
| 23 | | 5. Regulating the speed of vehicles in public parks |
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| 1 | | subject to the limitations set forth in Section 11-604; |
| 2 | | 6. Designating any highway as a through highway, as |
| 3 | | authorized in Section 11-302, and requiring that all |
| 4 | | vehicles stop before entering or crossing the same or |
| 5 | | designating any intersection as a stop intersection or a |
| 6 | | yield right-of-way intersection and requiring all vehicles |
| 7 | | to stop or yield the right-of-way at one or more entrances |
| 8 | | to such intersections; |
| 9 | | 7. Restricting the use of highways as authorized in |
| 10 | | Chapter 15; |
| 11 | | 8. Regulating the operation of mobile carrying |
| 12 | | devices, bicycles, low-speed electric bicycles, and |
| 13 | | low-speed gas bicycles, and requiring the registration and |
| 14 | | licensing of same, including the requirement of a |
| 15 | | registration fee; |
| 16 | | 9. Regulating or prohibiting the turning of vehicles |
| 17 | | or specified types of vehicles at intersections; |
| 18 | | 10. Altering the speed limits as authorized in Section |
| 19 | | 11-604; |
| 20 | | 11. Prohibiting U-turns; |
| 21 | | 12. Prohibiting pedestrian crossings at other than |
| 22 | | designated and marked crosswalks or at intersections; |
| 23 | | 13. Prohibiting parking during snow removal operation; |
| 24 | | 14. Imposing fines in accordance with Section |
| 25 | | 11-1301.3 as penalties for use of any parking place |
| 26 | | reserved for persons with disabilities, as defined by |
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| 1 | | Section 1-159.1, or veterans with disabilities by any |
| 2 | | person using a motor vehicle not bearing registration |
| 3 | | plates specified in Section 11-1301.1 or a special decal |
| 4 | | or device as defined in Section 11-1301.2 as evidence that |
| 5 | | the vehicle is operated by or for a person with |
| 6 | | disabilities or a veteran with a disability; |
| 7 | | 15. Adopting such other traffic regulations as are |
| 8 | | specifically authorized by this Code; or |
| 9 | | 16. Enforcing the provisions of subsection (f) of |
| 10 | | Section 3-413 of this Code or a similar local ordinance. |
| 11 | | (b) No ordinance or regulation enacted under paragraph 1, |
| 12 | | 4, 5, 6, 7, 9, 10, 11 or 13 of subsection (a) shall be |
| 13 | | effective until signs giving reasonable notice of such local |
| 14 | | traffic regulations are posted. |
| 15 | | (c) The provisions of this Code shall not prevent any |
| 16 | | municipality having a population of 500,000 or more |
| 17 | | inhabitants from prohibiting any person from driving or |
| 18 | | operating any motor vehicle upon the roadways of such |
| 19 | | municipality with headlamps on high beam or bright. |
| 20 | | (d) The provisions of this Code shall not be deemed to |
| 21 | | prevent local authorities within the reasonable exercise of |
| 22 | | their police power from prohibiting, on private property, the |
| 23 | | unauthorized use of parking spaces reserved for persons with |
| 24 | | disabilities. |
| 25 | | (e) No unit of local government, including a home rule |
| 26 | | unit, may enact or enforce an ordinance that applies only to |
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| 1 | | motorcycles if the principal purpose for that ordinance is to |
| 2 | | restrict the access of motorcycles to any highway or portion |
| 3 | | of a highway for which federal or State funds have been used |
| 4 | | for the planning, design, construction, or maintenance of that |
| 5 | | highway. No unit of local government, including a home rule |
| 6 | | unit, may enact an ordinance requiring motorcycle users to |
| 7 | | wear protective headgear. Nothing in this subsection (e) shall |
| 8 | | affect the authority of a unit of local government to regulate |
| 9 | | motorcycles for traffic control purposes or in accordance with |
| 10 | | Section 12-602 of this Code. No unit of local government, |
| 11 | | including a home rule unit, may regulate motorcycles in a |
| 12 | | manner inconsistent with this Code. This subsection (e) is a |
| 13 | | limitation under subsection (i) of Section 6 of Article VII of |
| 14 | | the Illinois Constitution on the concurrent exercise by home |
| 15 | | rule units of powers and functions exercised by the State. |
| 16 | | (e-5) A unit of local government, including a home rule |
| 17 | | unit, The City of Chicago may not enact an ordinance providing |
| 18 | | for a noise monitoring system upon any portion of its |
| 19 | | roadways. the roadway known as Lake Shore Drive. Twelve months |
| 20 | | after the installation of the noise monitoring system, and any |
| 21 | | time after the first report as the City deems necessary, the |
| 22 | | City of Chicago shall prepare a noise monitoring report with |
| 23 | | the data collected from the system and shall, upon request, |
| 24 | | make the report available to the public. For purposes of this |
| 25 | | subsection (e-5), "noise monitoring system" means an automated |
| 26 | | noise monitor capable of recording noise levels 24 hours per |
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| 1 | | day and 365 days per year with computer equipment or human |
| 2 | | review of the recorded footage sufficient to process the data. |
| 3 | | (e-10) A unit of local government, including a home rule |
| 4 | | unit, may not enact an ordinance prohibiting the use of |
| 5 | | Automated Driving System equipped vehicles on its roadways. |
| 6 | | Nothing in this subsection (e-10) shall affect the authority |
| 7 | | of a unit of local government to regulate Automated Driving |
| 8 | | System equipped vehicles for traffic control purposes. No unit |
| 9 | | of local government, including a home rule unit, may regulate |
| 10 | | Automated Driving System equipped vehicles in a manner |
| 11 | | inconsistent with this Code. For purposes of this subsection |
| 12 | | (e-10), "Automated Driving System equipped vehicle" means any |
| 13 | | vehicle equipped with an Automated Driving System of hardware |
| 14 | | and software that are collectively capable of performing the |
| 15 | | entire dynamic driving task on a sustained basis, regardless |
| 16 | | of whether it is limited to a specific operational domain. |
| 17 | | This subsection (e-10) is a limitation under subsection (i) of |
| 18 | | Section 6 of Article VII of the Illinois Constitution on the |
| 19 | | concurrent exercise by home rule units of powers and functions |
| 20 | | exercised by the State. |
| 21 | | (f) A municipality or county designated in Section |
| 22 | | 11-208.6 may enact an ordinance providing for an automated |
| 23 | | traffic law enforcement system to enforce violations of this |
| 24 | | Code or a similar provision of a local ordinance and imposing |
| 25 | | liability on a registered owner or lessee of a vehicle used in |
| 26 | | such a violation. |