Full Text of HB5435 103rd General Assembly
HB5435 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB5435 Introduced 2/9/2024, 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. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Section 11-208 as follows: | 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. |
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| 1 | | (g) A municipality or county, as provided in Section | 2 | | 11-1201.1, may enact an ordinance providing for an automated | 3 | | traffic law enforcement system to enforce violations of | 4 | | Section 11-1201 of this Code or a similar provision of a local | 5 | | ordinance and imposing liability on a registered owner of a | 6 | | vehicle used in such a violation. | 7 | | (h) A municipality designated in Section 11-208.8 may | 8 | | enact an ordinance providing for an automated speed | 9 | | enforcement system to enforce violations of Article VI of | 10 | | Chapter 11 of this Code or a similar provision of a local | 11 | | ordinance. | 12 | | (i) A municipality or county designated in Section | 13 | | 11-208.9 may enact an ordinance providing for an automated | 14 | | traffic law enforcement system to enforce violations of | 15 | | Section 11-1414 of this Code or a similar provision of a local | 16 | | ordinance and imposing liability on a registered owner or | 17 | | lessee of a vehicle used in such a violation. | 18 | | (Source: P.A. 100-209, eff. 1-1-18; 100-257, eff. 8-22-17; | 19 | | 100-352, eff. 6-1-18; 100-863, eff. 8-14-18; 101-123, eff. | 20 | | 7-26-19.) |
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