DRIVING RULES MUNICIPAL CODE OF CHICAGO

9-40-010 Compliance – Required.

It shall be unlawful for any person to do any act forbidden, or fail to perform any act required, in the traffic code.

(Added Coun. J. 7-12-90, p. 18634)

9-40-020 Applicability.

(a) The provisions of this chapter shall apply to the driver of any vehicle owned by or used in the service of the United States government, this state, or any political subdivision thereof, and it shall be unlawful for any said driver to violate any of the provisions of the traffic code, except as otherwise permitted in this Code or by state statute.

(b) Every person propelling any pushcart or riding an animal upon a roadway, and every person driving any animal-drawn vehicle, shall be subject to the provisions of the traffic code applicable to the driver of any vehicle, except those provisions of this Code which by their very nature can have no application.

(Added Coun. J. 7-12-90, p. 18634)

9-40-030 Obedience to police, traffic control aide and fire department orders.

(a) No person shall wilfully fail or refuse to comply with any lawful order or direction of a police officer, traffic control aide, fire department official or other authorized officer.

(b) In connection with a traffic stop as the result of a suspected traffic or compliance violation, such an order or direction from a police officer may include, but need not be limited to, an order or direction to do any of the following:

(1) to pull to the right side of the roadway promptly; and

(2) to remain in his/her vehicle until the police officer directs otherwise; and

(3) to keep his/her hands easily visible to the police officer, unless engaged in procuring identification or other requested documentation, or unless otherwise using his/her hands in a non- threatening manner in an effort to cooperate with the officer; and

(4) to provide appropriate identification including, in the case of the driver, the driver’s license, permit or ticket and insurance card.

(c) No person shall willfully fail or refuse to comply with an order or direction to stop made by a person acting as a school crossing guard in a school safety zone.

(d) Any person who violates this section where such violation results in the injury or death of a police officer, traffic control aide, fire department official or other authorized officer, while such officer is performing his or her official duties, or a person acting as a school crossing guard in a school safety zone, shall be fined not less than $500 nor more than $1,000 for each offense, and shall be subject to a term of imprisonment of not more than six months.

(Added Coun. J. 7-12-90, p. 18634; Amend Coun. J. 11-30-05, p. 63178, § 2; Amend Coun. J. 12-7-05, p. 64870, § 1.9; Amend Coun. J. 5-9-07, p. 105107, § 1)

9-40-035 Traffic stop code of conduct.

(a) Definitions. As used in this section:

(1) “Department” means the department of police.

(2) “Traffic stop” means a vehicle stop initiated by a sworn member of the department for an alleged violation of the Illinois Vehicle Code, Traffic Code of the City of Chicago, or compliance violation (e.g. wanted vehicle, flash message or on-view event).

(b) After safely stopping a motorist in a traffic stop, the sworn member of the department shall:

(1) take all necessary precautions not to impede or obstruct vehicular traffic; and

(2) exit the department vehicle and approach the motorist in a cautious, safety-minded manner; and

(3) present a professional image and avoid unnecessary conversation, such as personal affairs, politics, penalties, et cetera other than the subject violation, bond option or court diversion procedures; and

(4) correctly identify himself or herself by name, rank and star number if requested to do so; and

(5) politely inform the driver of the reason and purpose of the traffic stop; and

(6) inform the driver of the requirement to produce his or her driver’s license or permit and proof of insurance upon demand; and

(7) accept the driver’s license, permit or ticket, and proof of insurance and address the driver with courtesy and respect, and examine the back of the driver’s license for the presence of a renewal sticker.

If the driver is not in possession of a valid driver’s license, permit or ticket, the sworn member may, in his or her discretion, issue the appropriate citation and complete the required information in the shaded portion on the back of the “court copy of complaint” copy of the personal service citation and indicate the form of independent identification used to verify the identity of the driver.

The department shall enforce rules in accordance with the requirements of this subsection (b), and take appropriate disciplinary measures. This subsection (b) shall be enforceable solely through such rules.

(c) This section shall not preclude any sworn member of the department from following any other general order, special order, department notice or any other directive issued by the superintendent or his designee.

(Added Coun. J. 11-1-05, p. 60439, § 2; Amend Coun. J. 11-30-05, p. 63178)

9-40-040 Following responding fire apparatus prohibited.

The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than 500 feet or drive into the block where the fire apparatus has stopped in answer to a fire alarm.

(Added Coun. J. 7-12-90, p. 18634)

9-40-050 Driving over fire hose prohibited when.

No person shall drive or move a vehicle over any unprotected hose of the fire department when laid down on any street or private driveway unless he has obtained the consent of the fire department official in command.

(Added Coun. J. 7-12-90, p. 18634)

9-40-060 Driving, standing or parking on bicycle paths or lanes prohibited.

The driver of a vehicle shall not drive, unless entering or exiting a legal parking space, or stand, or park the vehicle upon any on-street path or lane designated by official signs or markings for the use of bicycles, or otherwise drive or place the vehicle in such a manner as to impede bicycle traffic on such path or lane. Any person who violates this section shall be fined $100.00 for each offense. Any vehicle parked in violation of this section shall be subject to an immediate tow and removal to a city vehicle pound or authorized garage.

(Added Coun. J. 7-12-90, p. 18634; Amend Coun. J. 9-1-99, p. 10503, § 1)

9-40-070 Driving on sidewalks or parkways prohibited.

The driver of a vehicle shall not drive on any sidewalk or parkway except on a permanent or temporary driveway.

(Added Coun. J. 7-12-90, p. 18634)

9-40-071 Driving on sidewalks in housing authority development prohibited.

No operator of a vehicle, other than an emergency vehicle or authorized service vehicle, shall drive upon any sidewalk, lawn area, playground area, asphalt area or upon or through a firelane within or adjacent to any Chicago Housing Authority Development not designated for such use.

(Added Coun. J. 5-22-91, p. 823)

9-40-080 Required parking procedure.

No person driving or in charge of a motor vehicle shall permit it to stand unattended without first stopping the engine and removing the ignition key, and when standing upon any grade, effectively setting the brake thereon and turning the front wheels to the curb or side of the roadway.

Nothing in this section prohibits the use of a remote ignition start device which is capable of starting a vehicle’s ignition without the vehicle’s ignition key, if (a) the vehicle is equipped with an anti-theft feature which prevents the vehicle from being driven without the ignition key being properly inserted; and (b) the owner of the vehicle displays on the vehicle a decal or sticker indicating the presence of such a remote ignition start device.

(Added Coun. J. 7-12-90, p. 18634; Amend Coun. J. 3-11-98, p. 63461)

9-40-090 Dimming headlights required when.

On approaching another vehicle proceeding in an opposite direction and when within not less than 350 feet of such vehicle, the operator of a motor vehicle equipped with electric headlight or headlights shall dim such headlight or headlights.

(Added Coun. J. 7-12-90, p. 18634)

9-40-100 Prohibited driving to left of center of roadway.

(a) No vehicle shall at any time be driven to the left side of the roadway under the following conditions:

(1) When approaching the crest of a grade or upon a curve in the highway where the driver’s view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction;

(2) When approaching within 100 feet of or traversing any intersection or railroad grade crossing;

(3) When approaching within 100 feet of any bridge, viaduct, tunnel or subway; or

(4) When official signs are in place directing that traffic keep to the right, or a continuous yellow colored centerline is marked.

(b) The foregoing limitations shall not apply upon a one-way roadway.

(Added Coun. J. 7-12-90, p. 18634)

9-40-110 Operating vehicle in reverse.

The driver of a vehicle shall not operate vehicle in reverse unless such movement can be made with reasonable safety and without interfering with other traffic.

(Added Coun. J. 7-12-90, p. 18634)

9-40-120 Obstruction of intersection or crosswalk prohibited.

Notwithstanding any traffic-control signal indication to proceed, no operator of a vehicle shall enter an intersection or crosswalk unless there is sufficient space beyond such intersection or crosswalk, in the direction in which the vehicle is proceeding, to accommodate the vehicle without obstructing the passage of other vehicular traffic or pedestrians. Any person who violates this section shall be subject to a fine of $200.00 and may be required to perform reasonable public service.

(Added Coun. J. 7-12-90, p. 18634; Amend Coun. J. 10-7-98, p. 78921; Amend Coun. J. 11-6-02, p. 96501, § 5; Amend Coun. J. 12-4-02, p. 100729, § 5; Amend Coun. J. 5-26-04, p. 24880, § 1)

9-40-130 Obstruction of traffic.

The operator of a vehicle shall not so operate the vehicle as to form an unreasonable obstruction to traffic.

(Added Coun. J. 7-12-90, p. 18634)

9-40-140 Negligent driving.

(a) It shall be unlawful for any person to operate any vehicle upon a public way negligently, heedlessly and without due caution in a manner which endangers or is likely to endanger any person or property or to swerve within, between or across lanes of traffic in such a manner.

(b) In addition to the fine prescribed in subsection (a), any person who violates this section where such violation results in the injury or death of a police officer, traffic control aide, fire department official or other authorized officer, while such officer is performing his or her official duties, or a person acting as a school crossing guard in a school safety zone, shall be subject to a term of imprisonment of not more than six months.

Any person who violates this section shall be fined not less than $500.00 nor more than $1,000.00 for each offense.

(Added Coun. J. 7-12-90, p. 18634; Amend Coun. J. 5-7-03, p. 795, § 2; Amend Coun. J. 4-26-06, p. 75401 § 1; Amend Coun. J. 5-9-07, p. 105107, § 1)
9-40-150 Following too closely.

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 the traffic upon the condition of the roadway.

(Added Coun. J. 7-12-90, p. 18634)

9-40-160 Drivers to exercise due care for pedestrians.

Every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway, shall give warning by sounding the horn when necessary and shall exercise proper precautions upon observing any child or any confused or incapacitated person upon a roadway.

(Added Coun. J. 7-12-90, p. 18634)

9-40-170 Driving or moving vehicle in unsafe condition.

It is unlawful for any person to drive or move, or for the owner to cause or knowingly permit to be driven or moved, on any roadway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person or property or which contains equipment prohibited by the traffic code or is not equipped with such lamps and other equipment in proper condition and adjustment as required in the traffic code, or which is equipped in any manner in violation of this Code.

(Added Coun. J. 7-12-90, p. 18634)

9-40-180 Coasting downhill prohibited.

(a) The driver of any motor vehicle when traveling upon a down grade shall not coast with the gears of such vehicle in neutral.

(b) The driver of a motor vehicle of the second division when traveling upon a down grade shall not coast with the clutch disengaged.

(Added Coun. J. 7-12-90, p. 18634)

9-40-190 Pulling out from parked position.

No person shall move a vehicle which is stopped, standing, or parked on any roadway unless and until such movement can be made with reasonable safety.

(Added Coun. J. 7-12-90, p. 18634)

9-40-200 Operator’s signals.

(a) No person shall 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 and then only after giving a clearly audible signal by sounding the horn if any pedestrian may be affected by such movement or after giving an appropriate visual signal in the manner hereinafter provided.

(b) A signal of intention to turn right or left shall be given continuously during not less than the last 100 feet traveled by the vehicle before turning.

(c) A turn signal shall be given to indicate an intention to change lanes or start from a parallel parked position.

(Added Coun. J. 7-12-90, p. 18634)

9-40-210 Operator’s signals – Stop or decrease in speed.

No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided in this chapter to the driver of any vehicle immediately to the rear when there is opportunity to give such signal.

(Added Coun. J. 7-12-90, p. 18634)
9-40-220 Operator’s signals – Means.

Any stop or turn signal when required by the traffic code shall be given either by means of the hand and arm or by mechanical device, all of which signals shall be plainly visible and understandable in normal sunlight and at night from a distance of 100 feet to the front and rear, but shall not project a glaring or dazzling light; except that a stop signal need be visible only from the rear. All mechanical signal devices shall be self- illuminated at all times when in use.

(Added Coun. J. 7-12-90, p. 18634)

9-40-230 Operator’s signals – Hand and arm – Manner.

Hand and arm signals shall be given from the left side of the vehicle in the following manner:

1. Left turn, hand and arm extended horizontally;

2. Right turn, hand and arm extended upward;

3. Stop or decrease speed, hand and arm extended downward.

(Added Coun. J. 7-12-90, p. 18634)

9-40-240 Use of horns and signals devices.

(a) The driver of a motor vehicle shall, when reasonably necessary to insure safe operation, give audible warning with his horn but shall not otherwise use such horn at any time.

(b) The sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle while stationary, except as a danger signal when an approaching vehicle is apparently out of control, or, if in motion, only as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended, or the creation by means of any such signal device of any unreasonably loud or harsh sound or the sounding of any such device for an unnecessary and unreasonable period of time, is hereby prohibited.

(Added Coun. J. 7-12-90, p. 18634)

9-40-250 Driving with view obstructed prohibited.

(a) No person shall drive a motor vehicle with any sign, poster, card, sticker or other non-transparent material upon the front windshield, or upon or protruding from any rear window, side window or roof which materially obstructs, obscures or impairs the view from both within or without the vehicle.

(b) No person shall drive any motor vehicle upon a roadway with any object so placed in or upon the vehicle as to obstruct the driver’s clear view through the windshield, except required or permitted equipment of the vehicle.

(c) No person shall drive a vehicle when it is loaded or when there are in the front seat such number of persons, exceeding three, as to obstruct the view of the driver to the front or sides of the vehicles or as to interfere with the driver’s control over the driving mechanism of the vehicle.

(d) No person shall drive any motor vehicle upon a roadway with any human being placed upon or protruding from the vehicle’s roof, trunk, hood or any window; provided, however, that this subsection shall not apply (i) if the motor vehicle is part of a parade, public assembly or athletic event as defined in Section 10-8-330 of this Code and for which a permit has been obtained; or (ii) if the motor vehicle is being used by an officer or employee of the City of Chicago in the performance of his or her official duties.

(e) Any person who violates this section shall be fined not less than $300.00 nor more than $1,000.00 for each offense.

(Added Coun. J. 7-12-90, p. 18634; Amend Coun. J. 5-7-03, p. 795, § 1)

9-40-260 Use of mobile telephones.

(a) Except as provided by subsection (b) of this section, no person shall drive a motor vehicle while using a mobile, cellular, analog wireless or digital telephone.

(b) The provisions of the ordinance shall not apply to:

(1) Law enforcement officers and operators of emergency vehicles, when on duty and acting in their official capabilities.

(2) Persons using a telephone with a “hands free” device allowing the driver to talk into and listen to the other party without the use of hands.

(3) Persons using a telephone to call 911 telephone numbers or other emergency telephone numbers to contact public safety forces.

(4) Person using a telephone while maintaining a motor vehicle in a stationary parked position, and not in gear.

(c) Any person who violates subsection (a) of this section shall be subject to a fine of $75.00, provided however, that if a violation occurs at the time of a traffic accident, the driver may be subject to an additional fine not to exceed $200.00.

(Added Coun. J. 5-11-05, p. 49146, § 1; Amend Coun. J. 2-8-06, p. 70058, § 1)

Cities and villages served that require an appearance in a Cook County court on criminal and traffic charges:

Alsip Arlington Heights Barrington Bartlett Bedford Park Bellwood Bensenville Berkeley Berwyn Blue Island Bridgeview Brookfield Buffalo Grove Burbank Burnham Burr Ridge Calumet City Calumet Park Chicago Heights Chicago Ridge Cicero Country Club Hills Countryside Crestwood Crete DesPlaines Dixmoor Dolton East Chicago Heights East Hazel Elgin Elk Grove

Elmwood Park Evanston Evergreen Flossmoor Ford Heights Forest Park Forest View Franklin Park Glencoe Glenview Glenwood Golf Hanover Park Harvey Harwood Heights Hazel Crest Hickory Hills Hillside Hinsdale Hodgkins Hoffman Estates Hometown Homewood Indian Head Park Inverness Justice Kenilworth LaGrange LaGrange Park Lansing Lemont Lincolnwood

Lynwood Lyons Markham Matteson Maywood McCook Melrose Park Merrionette Midlothian Morton Grove Mount Prospect Niles Norridge Northbrook Northfield Northlake North Riverside Oak Forest Oak Lawn Oak Park Olympia Orland Hills Orland Park Palatine Palos Heights Palos Hills Palos Park Park Forest Park Ridge Phoenix Posen Prospect Heights

Richton Park Riverdale River Forest River Grove Riverside Robbins Rolling Meadows Roselle Rosemont Sauk Village Schaumberg Schiller Park Skokie South Barrington South Chicago Heights South Holland Steger Stickney Stone Park Streamwood Summit Thornton Tinley Park Westchester Western Springs Westhaven Wheeling Willow Springs Wilmette Winnetka Worth

Published: May 6, 2008, Chicago.