|When Authorized by State, Local Governments May Adopt State Standards|
Appeals court held that a town had the right to adopt state motor vehicle standards, in part or in whole, since the legislature authorized local governments to do so. The town was not required to post notice on its roads that it had adopted state standards in order to enforce the law.
Ordinance; State Law; Notice; Vehicle Weight
|C A S E S U M M A R Y|
The Village of North Aurora adopted, as an ordinance, the sections of Illinois state law that sets limits on vehicle weight. A Village officer gave Anker a ticket for driving a vehicle on a Village street that weighed 161,000 pounds, a violation of the ordinance limiting weight to 73,280 pounds. Anker argued in court that the ordinance was unenforceable because he had not been notified of it. The trial court found Anker not guilty; the Village appealed.
Reversed and remanded. The state’s Vehicle Code grants broad authority to localities to adopt any or all portions of the state code, including various weight limits. Adoption of an existing statewide regulation by the Village requires no obligation to post notice. The weight limit had been properly adopted by the Village, and there was public notice of that action. The Village had no obligation to post notice on every street to indicate its adoption of state law.
Village of North Aurora v. Anker, ---N.E.2d--- (1460705 WL 2005, App. Ct., Ill., 2005)
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