Law

New Village Ordinance

December 28, 2017

WHEREAS, the Chief of Police of Colfax has reported to the Village Board the increase in incidents of Colfax residents obstructing Village streets by leaving personal property on Village right of ways. WHEREAS, the Village Board feels that for the safety of its residents and to reduce in the potential for traffic accidents that it must maintain unobstructed streets, alleys, and sidewalks. BE IT ORDAINED BY THE VILLAGE BOARD OF THE VILLAGE OF COLFAX, SITAUTED IN THE COUNTY OF MCLEAN AND STATE OF ILLINOIS, as follows: SECTION 1: Section 5.18 titled "Personal Property" will be added to Chapter 5 of the Village Code and state the following: A. In addition to the requirements set forth in Section 41.16 of this Code, no responsible party, person, or title owner to personal property shall store, place, collect or stockpile such personal property upon any public right of way or public property. Personal property is to include, but is not limited to, new or used parts of junk vehicles or other machinery unless otherwise permitted by the Village. Personal property shall not include operational vehicles, trailers, trucks, campers or items of personal property specifically allowed under this code or allowed through the approval of the Village through license, resolution, or otherwise. The provisions of Code section 12.087 in regard to inoperable motor vehicles will remain in full force and effect. B. No repairing, redesigning, modifying or dismantling work or operations shall be allowed for any vehicle, trailer or parts thereof, or any other operations to any other machinery upon any public right of way or public property. This includes washing, greasing, or other such repairs unless the repairs are necessitated by an emergency. SECTION 2: Section 5.19 titled "Enforcement" will be added to Chapter 5 of the Village Code and state the following: Failure to comply with any provision of this chapter or any parking regulation of this title shall constitute an office against the Village. The provisions for enforcement and the penalties shall be as follows: A. The police department shall monitor specific violations and cause citations to be issued to violators of this section. The ticket shall be issue to the person in whose name a vehicle is registered and licensed or, otherwise, to the owner of the personal property obstructing Village property. B. In the event the obstruction is not moved within seven (7) days, such item shall be either towed at the owner's expense or shall be confiscated and sold as the Village deems fit. Any storage costs borne by the Village will also be assessed to the violator. C. This Ordinance shall be subject to the penalties set forth in 1.06 of the Village Code. SECTION 3: This Ordinance shall be in full force and effect from and after its passage, approval, and publication as provided by law. WHEREAS, the Chief of Police of Colfax has reported to the Village Board the increase in incidents of Colfax residents obstructing Village streets by leaving personal property on Village right of ways. WHEREAS, the Village Board feels that for the safety of its residents and to reduce in the potential for traffic accidents that it must maintain unobstructed streets, alleys, and sidewalks. BE IT ORDAINED BY THE VILLAGE BOARD OF THE VILLAGE OF COLFAX, SITAUTED IN THE COUNTY OF MCLEAN AND STATE OF ILLINOIS, as follows: SECTION 1: Section 5.18 titled "Personal Property" will be added to Chapter 5 of the Village Code and state the following: A. In addition to the requirements set forth in Section 41.16 of this Code, no responsible party, person, or title owner to personal property shall store, place, collect or stockpile such personal property upon any public right of way or public property. Personal property is to include, but is not limited to, new or used parts of junk vehicles or other machinery unless otherwise permitted by the Village. Personal property shall not include operational vehicles, trailers, trucks, campers or items of personal property specifically allowed under this code or allowed through the approval of the Village through license, resolution, or otherwise. The provisions of Code section 12.087 in regard to inoperable motor vehicles will remain in full force and effect. B. No repairing, redesigning, modifying or dismantling work or operations shall be allowed for any vehicle, trailer or parts thereof, or any other operations to any other machinery upon any public right of way or public property. This includes washing, greasing, or other such repairs unless the repairs are necessitated by an emergency. SECTION 2: Section 5.19 titled "Enforcement" will be added to Chapter 5 of the Village Code and state the following: Failure to comply with any provision of this chapter or any parking regulation of this title shall constitute an office against the Village. The provisions for enforcement and the penalties shall be as follows: A. The police department shall monitor specific violations and cause citations to be issued to violators of this section. The ticket shall be issue to the person in whose name a vehicle is registered and licensed or, otherwise, to the owner of the personal property obstructing Village property. B. In the event the obstruction is not moved within seven (7) days, such item shall be either towed at the owner's expense or shall be confiscated and sold as the Village deems fit. Any storage costs borne by the Village will also be assessed to the violator. C. This Ordinance shall be subject to the penalties set forth in 1.06 of the Village Code. SECTION 3: This Ordinance shall be in full force and effect from and after its passage, approval, and publication as provided by law.

41.26 Golf Carts and Recreational Off Highway Vehicles

November 21, 2011

Section 1 Definitions

A. Golf Carts. A vehicle specifically designed and intended for the purpose of transporting one or more persons and their golf clubs or maintenance equipment while engaged in the playing of golf. (625 ILCS 5/1-123.9)

B. Recreational Off-highway vehicle (ROV) Any motorized off highway device designed to travel primarily off-highway, 64 inches or less in width, having a manufacturer's dry weight of 2000 punds or less, traveling on 4 or more non -highway tires, designed with non-straddle seat and a steering wheel for steering control, except equipment such as lawnmowers. (626 ILCS 5/1-168.8)

Section 2 Restrictions and fees

A. No person shall operate an off-highway motorcycle or all-terrain vehicle upon the streets of the Village of Colfax.

B. No person shall operate a Golf Cart or Recreational Off-highway vehicle (ROV) upon the streets of the Village of Colfax without the vehicle having passed inspection by the Chief of Police or his/her designee to ensure that the vehicle meets the equipment standards provided in this ordinance. A sticker shall be affixed to the vehicle inspected and the sticker must be displayed at all times when operated upon the streets of the Village of Colfax. An annual $25.00 fee shall be paid to the Village Clerk for each golf cart of ROV inspected. Upon successful completion of the inspection process the owner of the inspected vehicle shall receive a permit for said vehicle which shall remain in effect for the remainder of the calendar year in which it was issued unless suspended or revoked by the Chief of Police or the Village Board as set forth in section 4 of this ordinance.

C. No person shall operate a golf cart or ROV in the Village of Colfax unless he/she has completed an application for an operators permit and submitted the application to the Village Clerk along with an annual fee of $25.00 and has been issued an operator's permit. Operators shall maintain the permit on their person at all times while operating a golf cart or ROV within the Village of Colfax.

D. Np person shall operate a golf cart or ROV on the streets of the Village of Colfax unless said person is 21 years of age or older and possess a valid drivers license.

E. No person shall operate and no owner shall permit another to operate a golf cart or ROV on a Village street unless: (1) the golf cart or ROV is covered by a liability insurance policy as required by section 7-601 of the Illinois Vehicle Code and: (2) the operator of the golf cart or ROV carries with him/her proof of liability insurance coverage as required by section 7-602 of the IVC.

F. No person shall operate a golf cart of ROV with a passenger under the age of 8 years unless the golf cart or ROV is equipped with manufacture's roll-over protection and the child is properly secured in an appropriate child restraint system as defined in the Child Passenger Protection Act (625 ILCS 25)

G. No person shall operate a golf cart or ROV on Harrison Street or Highway 165 except to cross said street or highway at intersections, in a path 90 degrees or as direct as possible across said highway or street to the nearest intersecting street.

H. Any person who operates a golf cart or ROV upon the streets of the Village of Colfax must adhere to all village ordinances and state traffic laws including those pertaining to the possession, transportation and comsumption of alcoholic beverages and other drugs.

Section 3. Equipment

No golf cart or ROV shall be operated on the streets of the Village of Colfax unless, at a minimum, it has the following: brakes, a steering apparatus, tires, a rearview mirror, red reflectorized warning devices in the front and rear, a headlight that emits a white light visible from a distance of 500 feet to the front, a tail light that emits a red light visible from at least 100 feet from the rear, brake lights, and turn signals. When operated on a street, a golf cart or ROV shall have its headlight and tail light lighted as required by section 12-201 of the Illinois Vehicle Code.

Section 4 Enforcement

A. The Village of Colfax may prosecute violators for any act constituting a violation of this ordinance. Any person who violates any provisions of this ordinance shall be guilty of a petty offense and shall be punished by a fine not less than $50.00 nor more than $100.00, plus the cost of prosecution, unless otherwise specified elsewhere in the Village ordinance.

B. The operator's permit issued to a person to operate a golf cart or ROV may be suspended by the Chief of Police or his designee, if (1) there is any material misrepresentation made by the applicant on the application or (2) there is evidence that the permit holder can no longer safely operate the golf cart or ROV or (3) for any and all violations of this ordinance.

C. The permit of any golf cart or ROV may be suspended by the Chief of Police or his designee, if (1) the required liability insurance is no longer in full force and effect or (2) the vehicle equipment becomes in a state of disrepair as to no longer adhere to the standards set forth in this ordinance.

D. The Chief of Police or his designee shall issue a notice of suspension of a permit in writing and deliver it by personal service to the permit holder or send the notice by certified mail to the permit holder's address that is listed on the permit application. The suspension shall take effect immediatley in the case of personal service or on the third day following the post mark on the certified mail receipt.

E. Upon investigation by the recommendation of the Colfax Police Department the Village Board may suspend or revoke a permit granted hereunder upon a finding that there is reasonable evidence that the permit holder cannot safely operate the golf cart or ROV on Village streets.

F. Repeat offenders may have the privileges granted by this ordinance revoked by the Village Board of Colfax upon recommendation by the Village of Colfax Police Department.

Traffic Fines have increased

September 15, 2010

As of 09/15/10 traffic fines in the State of Illinois have been raised from $75.00 to $120.00 for regular petty offense traffic violations. Seat Belt fines have been raised from $55.00 to $60.00 and Speeding fines for over 21mph above the limit increased from $95.00 to $140.00.

Drive Carefully!

New Cell Phone Law

December 22, 2009

HB 71 And HB 72 make it illegal to compose, send or read text messages, instant messages and e-mail, or talk on a cell phone in school zones and construction zones, or to surf the internet, while driving. The ban includes personal digital assistants and portable or mobile computers, but does not include global positioning or navigation systems. The new law exempts law enforcement officers from using computers on duty. Exceptions also exist for emergencies and for using a phone that is in a voice activated mode. Officers will be writing citations for talking on handheld cell phones in school and construction zones.

SMOKE FREE ILLINOIS

January 15, 2008

Public Act 095-0017 Smoke-Free Illinois Act

The following is a brief summary of the act. To view the act in it's entirety, go to www.smoke-free.illinois.gov

Section 15. Smoking in public places, places of employment, and governmental vehicles is prohibited. No person shall smoke in a public place or in any place of employment or within 15 ft. of any entrance to a public place or place of employment. No person may smoke in any vehicle owned, leased, or operated by the State or a political subdivision of the State. Smoking is prohibited in indoor public places and workplaces unless specifically exempted by section 35 of this act.

Section 20.

All public places and places of employment must be posted with "NO Smoking" signs and ashtrays must be removed.

Section 35. Exemptions

1. Private Residence

2. Retail tobacco stores that were in operation prior to this act.

3. Nursing home rooms (private or semi-private only)

4. Hotel/Motel sleeping rooms.

Section 45. Violations.

a) A person, corporation, partnership, association or other entity who violates Section 15 of this Act shall be fined pursuant to this section. Each day that a violation occurs is a seperate violation.

b) A person who smokes in an area where smoking is prohibited shall be fined not less then $100 and not more than $250.

A person who owns, operates or is otherwise in control of a public place or place of employment who violates section 15 of this act shall be fined :

(i) not less than $250 for the first violation

(ii) not less than $500 for a second violation within one year of the first

(iii) not less than $2500 for each additional violation within one year of the first violation.

See "Police News" at the Home page of this website for enforcement information.

New Graduated Driver Licensing Law

September 7, 2007

The law goes into effect as of January 1, 2008 and includes the following provisions:

Extends the permit phase from three months to nine months. This proposal will give the novice driver more time to learn under the watchful eye of parents through a variety of weather conditions common throughout Illinois.
Shifts the nighttime driving restriction from 11 pm to 10 pm on weekdays and from Midnight to 11pm on weekends for all drivers under the age of 18 and those who fail to graduate from the initial licensing phase.
Doubles the period- from six months to 12 months- that restricts a new driver to a maximum of one unrelated teen passenger.
Requires drivers under age 18 who are ticketed for traffic vioations to appear before a judge with a parent or guardian to receive court supervision. This legislation also requires the attendance of traffic school as a requisite for court supervision for drivers under the age of 21. This ensures that the parent or guardian is fully aware of the minor's traffic violation and understands the requirements and ramifications of court supervision.
Tickets the passengers age 15 to 20, in addition to the drivers, who violate the passenger restriction law.
Requires student drivers to complete a minimum six hours of actual, on-the-street driving with a certified driver education instructor. No simulators or proficiency test alternatives. This will be effective July 1, 2008.
Implements a true Graduated Driver Licensing system that requires new drivers to earn their way from one stage to the next. Under this provision, once issued a learner's permit a teen would be required to drive conviction free for nine months before he or she would beeligible for a driver's license. The teen would then also have to drive conviction free for six months in addition to reaching age 18 before moving from the intial licensing phase to the full licensing phase. Until graduating to the full licensing phase, these young drivers would be subject to the limitations of the initial phase including, the nighttime restriction and the cell phone ban among others.
Implements a stricter law in which the drivers' licenses of those under 21 would be suspended for each additional conviction following a driver's initial suspension for two moving violations in a 24-month period. This provision puts young drivers on notice that once their drivers' licneses have been suspended, each additional conviction until they turn 21 will result in another suspension of their driving privileges.
Establishes tough, new penalties- including license revocation and vehicle impoundment for drivers who are involved in street racing.

This is a summary of the new law as sent to us by the Illinois Secretary of State's Office.

Village Ordinance 42.07 NOISE

August 20, 2007

Here is the Village ordinance that addresses the noise issue. This ordinance was enacted on 2/1/1982.

42.07 NOISE

(a) No person shall disturb peace and quiet of any other person by creating excessive noise on his or any property. Excessive noise shall include but not be limited to:

1. Loud playing of phonographs, radios, television sets, or music machines, or musical instruments.

2. Barking or howling dogs or cats.

(b) No person shall drive any motor vehicle on any street, alley or public drive, in such a manner as to cause or produce unnecessarily loud, excessive or unusual noise by the racing of the motor, by lack of a muffler or use of a cut off muffler, by tire friction upon rapid turning or weaving, by spinning of the wheels from a standing or slow moving position by a sudden unnecessary motor acceleration, or by the continuous sounding of the horn or other signal devices.