Chapter 10-52
PEDESTRIANS’ RIGHTS AND DUTIES

Sections:

10-52-010    Imitation of blind persons.

10-52-020    Obstructing person on streets.

10-52-030    Pedestrians to exercise due care.

10-52-040    Drivers to exercise due care.

10-52-050    Blind, hearing impaired or physically handicapped pedestrian right-of-way.

10-52-060    Motorized wheelchairs.

10-52-070    Pedestrians to use right half of crosswalks.

10-52-080    Pedestrians soliciting rides or business.

10-52-090    Pedestrians walking on highways.

10-52-100    Right-of-way on sidewalks.

10-52-110    Pedestrians yield to authorized emergency vehicles.

10-52-120    Pedestrians under influence of alcohol or drugs.

10-52-130    Bridge and railroad signals.

10-52-140    Pedestrian obedience to traffic-control devices and traffic regulations.

10-52-150    Pedestrians’ right-of-way at crosswalks.

10-52-160    Crossing at other than crosswalks.

10-52-010 Imitation of blind persons.

It is unlawful for any person, except persons wholly or partially blind, to carry or use on the public streets of the city any canes or walking sticks which are white in color, or white with red ends or bottoms. (Ord. 1668 § 10.9, 1964)

10-52-020 Obstructing person on streets.

Any person who shall wilfully and unnecessarily hinder, obstruct or delay, or who shall wilfully and unnecessarily attempt to delay, hinder or obstruct any other person in lawfully driving or traveling along or upon any street or who shall offer for barter or sale merchandise on said street so as to interfere with the effective movement of traffic shall be guilty of a misdemeanor. (Ord. 1668 § 10.10, 1964)

10-52-030 Pedestrians to exercise due care.

Nothing in this chapter shall relieve a pedestrian from the duty of exercising due care. (Ord. 1668 § 10.11, 1964)

10-52-040 Drivers to exercise due care.

The provisions of Illinois Vehicle Code § 5/11-1003.1, as amended, are adopted as follows:

Notwithstanding other provisions of this code or the provisions of any local ordinance, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian, or any person operating a bicycle or other device propelled by human power and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any obviously confused, incapacitated or intoxicated person. (Ord. 2910 § 5 (Par. I (part)), 1995)

10-52-050 Blind, hearing impaired or physically handicapped pedestrian right-of-way.

The provisions of Illinois Vehicle Code § 5/11-1004, as amended, are adopted as follows:

The driver of a vehicle shall yield the right-of-way to any blind, hearing impaired or physically handicapped pedestrian carrying a clearly visible white cane or accompanied by a support or guide dog. (Ord. 2910 § 5 (Par. I (part)), 1995)

10-52-060 Motorized wheelchairs.

The provisions of Illinois Vehicle Code § 5/11-1004.1, as amended, are adopted as follows:

Every person operating a motorized wheelchair upon a sidewalk or roadway shall be granted all the rights and shall be subject to all the duties applicable to a pedestrian. (Ord. 2910 § 5 (Par. I (part)), 1995)

10-52-070 Pedestrians to use right half of crosswalks.

The provisions of Illinois Vehicle Code § 5/11-1005, as amended, are adopted as follows:

Pedestrians shall move, whenever practicable, upon the right half of crosswalks. (Ord. 2910 § 5 (Par. I (part)), 1995)

10-52-080 Pedestrians soliciting rides or business.

The provisions of Illinois Vehicle Code § 5/11-1006, as amended, are adopted as follows:

A.    No person shall stand in a roadway for the purpose of soliciting a ride from the driver of any vehicle.

B.    No person shall stand on a highway for the purpose of soliciting employment or business from the occupant of any vehicle.

C.    No person shall stand on a highway for the purpose of soliciting contributions from the occupant of any vehicle except within a municipality when expressly permitted by municipal ordinance. Solicitation on highways within this state shall be allowed only at intersections where all traffic is required to come to a full stop. The soliciting agency shall be:

1.    Registered with the Attorney General as a charitable organization as provided by “An Act to regulate solicitation and collection of funds for charitable purposes, providing for violations thereof, and making an appropriation therefor,” approved July 26, 1963, as amended;

2.    Engaged in a statewide fund raising activity; and

3.    Liable for any injuries to any person or property during the solicitation which is casually related to an act of ordinary negligence of the soliciting agent.

Any person engaged in the act of solicitation shall be sixteen (16) years of age or more and shall be wearing a high visibility vest.

D.    No person shall stand on or in the proximity of a highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a highway.

E.    Every person who is convicted of a violation of this section shall be guilty of a Class A misdemeanor. (Ord. 2910 § 5 (Par. I (part)), 1995)

10-52-090 Pedestrians walking on highways.

The provisions of Illinois Vehicle Code § 5/11-1007, as amended, are adopted as follows:

A.    Where a sidewalk is provided and its use is practicable, it shall be unlawful for any pedestrian to walk along and upon an adjacent highway.

B.    Where a sidewalk is not available, any pedestrian walking along and upon a highway shall walk only on a shoulder, as far as practicable from the edge of the roadway.

C.    Where neither a sidewalk nor a shoulder is available, any pedestrian walking along and upon a highway shall walk as near as practicable to an outside edge of a roadway, and, if on a two-way roadway, shall walk only on the left side of the roadway.

D.    Except as otherwise provided in this chapter, any pedestrian upon a roadway shall yield the right-of-way to all vehicles upon the roadway. (Ord. 2910 § 5 (Par. I (part)), 1995)

10-52-100 Right-of-way on sidewalks.

The provisions of Illinois Vehicle Code § 5/11-1008, as amended, are adopted as follows:

The driver of a vehicle shall yield the right-of-way to any pedestrian on a sidewalk. (Ord. 2910 § 5 (Par. I (part)), 1995)

10-52-110 Pedestrians yield to authorized emergency vehicles.

The provisions of Illinois Vehicle Code § 5/11-1009, as amended, are adopted as follows:

Upon the immediate approach of an authorized emergency vehicle making use of an audible signal and visual signals meeting the requirements of Section 5/12-217 of the Illinois Vehicle Code, or of a police vehicle properly and lawfully making use of an audible signal only, every pedestrian shall yield the right-of-way to the authorized emergency vehicle. (Ord. 2910 § 5 (Par. I (part)), 1995)

10-52-120 Pedestrians under influence of alcohol or drugs.

The provisions of Illinois Vehicle Code § 5/11-1010, as amended, are adopted as follows:

A pedestrians who is under the influence of alcohol or any drug to a degree which renders himself a hazard shall not walk or be upon a highway except on a sidewalk. (Ord. 2910 § 5 (Par. I (part)), 1995)

10-52-130 Bridge and railroad signals.

The provisions of Illinois Vehicle Code § 5/11-1011, as amended, are adopted as follows:

A.    No pedestrian shall enter or remain upon any bridge or approach thereto beyond the bridge signal, gate or barrier after a bridge operation signal indication has been given.

B.    No pedestrian shall pass through, around, over or under any crossing gate or barrier at a railroad grade crossing or bridge while such gate or barrier is closed or is being opened or closed.

C.    No pedestrian shall enter, remain upon or traverse over a railroad grade crossing or pedestrian walkway crossing a railroad track when an audible bell or clearly visible electric or mechanical signal device is operational giving warning of the approach of a railroad train. (Ord. 2910 § 5 (Par. I (part)), 1995)

10-52-140 Pedestrian obedience to traffic-control devices and traffic regulations.

The provisions of Illinois Vehicle Code § 5/11-1001, as amended, are adopted as follows:

A.    A pedestrian shall obey the instructions of any official traffic-control device specifically applicable to him, unless otherwise directed by a police officer.

B.    Pedestrians shall be subject to traffic- and pedestrian-control signals provided in Sections 1020-070 and 10-20-080 of this title, but at all other places pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in this chapter. (Ord. 2910 § 5 (Par. I (part)), 1995)

10-52-150 Pedestrians’ right-of-way at crosswalks.

The provisions of Illinois Vehicle Code § 5/11-1002, as amended, are adopted as follows:

A.    When traffic-control signals are not in place or not in operation the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

B.    No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a moving vehicle which is so close as to constitute an immediate hazard.

C.    Subsection A of this section shall not apply under the condition stated in Section 10-52-160B.

D.    Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.

E.    Whenever stop signs or flashing red signals are in place at an intersection or at a plainly marked crosswalk between intersections, drivers shall yield the right-of-way to pedestrians as set forth in Section 10-32-040. (Ord. 2910 § 5 (Par. I (part)), 1995)

10-52-160 Crossing at other than crosswalks.

The provisions of Illinois Vehicle Code § 5/11-1003, as amended, are adopted as follows:

A.    Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.

B.    Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.

C.    Between adjacent intersections at which traffic-control signals are in operation pedestrians shall not cross at any place except in a marked crosswalk.

D.    No pedestrian shall cross a roadway intersection diagonally unless authorized by official traffic-control devices; and, when authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic-control devices pertaining to such crossing movements. (Ord. 2910 § 5 (Par. I (part)), 1995)