Loading...
HomeMy WebLinkAboutOrd 2002 05/16/1967 ORDINANCE NO. 2002 AN ORDINANCE REGULATING OPERATION OF ~moRCYCLFS AND rvmoR- DRIVEN CYCLES; AND REGULATING PERSONS ENGAGED IN THE BUSINESS OF RENTING, LEASING, OR GRANrING PERr"ISSION 'ID USE OR OPERATE SUCH VEHICLES, AND 'ID PROVIDE roF A LICENSE FEE; AND 'ID PROVIDE PENALTIES roR VIOLATIONS THEPEOF. BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TP.USTFES OF THE VILLAGE OF ~x)UNI' PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Chapter 18 of the Municipal Code of the Village of Mount Prospect, 1957, as amended, be and is herein further amended by adding thereto a new Article IX, said new Article IX of Chapter 18 to be and read as follows: Section 18.901. Definitions: For the purpose of this article the fOllowing words and phrases shall have the following meanings, except where the context other't'Jise requires: (A) Area is the geographical boundaries within which an operating lOOtorcycle -or-operating motor-driven cycle can be heard. (B) lVbtor Vehicle or Vehicle is a motorcycle or motor-driven cycle. (C) l'Cotorcycle is every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than 3 wheels in contact with the ground, but excluding a tractor. (D) ~'Iotor-Driven Cycle is every motorcycle including every motor- scooter propelled by a motor which produces not to exceed 5 horsepower, and every bicycle with motor attached. (E) Non-resident is every person who is not a resident of the State of Illinois. (F) Non-resident' s Operating Privilege is the privilege conferred upon a non-resident by the laws of the State of Illinois pertail'.ing to the operation by such person of a motor vehicle, or the use of a vehicle owned by such person, in the State of Illinois. (G) Operator is every person who drives or is in actual physical control of a motor vehicle upon a street or who is exercising control of or steering a vehicle being towed by a motor vehicle. (H) Facing of r,10tor is sudden acceleration or deceleration of the motor of a motorcycle or motor-driven cycle. (I) Street is the entire width between bOtmdary lines of every way, including alleys publicly maintained when any part thereof is open to the use of the public ~or purposes of vehicular traffic. (J) Stunting is operating a vehicle in a manner causing it to weave or suddenly change course, or the loss of body contact with the seat by a driver or passenger, and not for the purpose of safe operation of such vehicle. (K) Touring is any repetitious driving in the same area which causes a disturbance or is done with the intent of calling attention to an operator of a motorcycle or motor-driven cycle. Section 18.902. Upon a Public treet. t shal be unlaw ill for any person, corporation, partnership or other legal entity to operate or cause to be operated a motorcycle or motor-driven cycle upon any street within the corporate limits of the Village of Mount Prospect except in conpliance with the following: - 1 - ~ (A) The operator of such vehicle shall have upon his or her possession a valid driver's license issued by the State of Illinois (or if such operator is a non-resident, such operator shall have upon his or her possession evidence of a non-resident' s operating privilege) an:l which has not been suspended, limited, or cancelled. (B) Such vehicle shall at such time of operation be capable of performing in accordance with the standards then fixed by the fl!otor Vehicle La.\'IS of the State of Illinois and by the Ordinances of the Village of Mount Prospect. (C) '!he operator shall operate said vehicle in accordance with the Motor Vehicle Laws of the State of Illinois and Ordinances of the Village of Mount Prospect. (D) Such vehicle shall be equipped with an exhaust system in good working order, sufficient to prevent excessive or unusual noises; and no such vehicle shall be equipped with any muffler cut-out, removable exhaust pipe cover, or any by-pass in a rruffler, or any muffler fran which the baffle plates, screens, or other original internal parts have been rem:>ved or al.tered, nor shall any such vehicle be equiped with an exhaust system which has been modified in a manner which will amplify or increase the noise emitted by the motor of such vehicle above that emitted by the exhaust system originally installed on the vehicle, nor shall such vehicle be equipped with an exhaust system which has been modified or altered in any way from that furnished by the vehicle manu- facturer; provided, however, that equipment equivalent to that originally installed may be substituted when parts are replaCed. (E) If said vehicle is rented, leased or bOITOWed fran another, said operator shall first have derronstrated to the lessor, renter or lender of such equipment that he or she is sufficiently proficient to operate such vehicle upon a public street without unreasonable danger to others. (F) No person under 18 years of age shall purchase, rent, lease or borrow a motorcycle or motor-driven cycle unless he or she has first obtained written consent from either of his or her parents, or his or her legal guardian; and no such person under 18 years of age shall take possession of and operate any motorcycle or motor-driven cycle unless on the occasion of such purchasing, or on the first occasion of such renting, leasing or boITOw1ng of such motorcycle or motor-driven cycle such person under 18 years of age obtains and files with such seller, renter, lessor or lender an acknowledgement in writing, signed by either parent of such minor or such minor's legal guardian, in the presence of and witnessed by such lessor, renter or lender, or his duly authorized agent, to the effect that permission is granted for such child to purchase a vehicle, or to rent, lease or borrow a lOOtorcycle or motor-driven cycle from such renter, lessor or leooer, and that such parent or guardian consents to such sale and/or consents to the renting, leasing or lending of a motorcycle or motor-driven cycle to such child, and assures full legal responsibility for acts or actions of such child in the operation of any such motorcycle or motor-driven cycle then or thereafter sold, rented, leased or lent to such child; and such responsibility and carmittnent of such parent or guardian shall continue until it is revoked in writing by either parent or by said guardian by written instrument delivered to such seller, lessor, renter or lender. A copy of this written permission must be in possession of the operator of cycle for presentation upon request. (G) No motorcycle or motor-driven cycle shall be operated in such a manner that it carries more than one passenger in addition to the operator; nor shall it be operated in any manner that places a passenger in front of the operator. (H) Not more than two rootorcycles or motor-driven cycles shall be operated side by side in any one lane of traffic upon any street. - 2 - (I) No motorcycle or motor-driven cycle shall be operated in any manner so as to cause a disturbance in any area of the Village. (J) No operator of a motorcycle or motor-driven cycle shall engage in maneuvers, stunting or other operations dangerous to himself or his passenger or to the persons or property of others; and except, when done for the better control of a vehicle, in emergencies or to maneuver rough passages of a street, an operator must at all times keep body contact with the saddle or seat of such vehicle. (K) No person shall operate a motorcycle or motor-driven cycle having handle-grips more than 15 inches higher than the saddle. (L) Operator and passenger of a motorcycle or IrDtor-dri ven cycle must wear safety helmets. (A) First obtain a license as provided in this article. (B) Not conduct such business Hithin any zoned residential district or within two hundred (200) feet thereof. (C) Be twenty-one (21) year's of age, if any individual or manager for corporation, and shall possess any license required by the laws of the State of Illinois. (D) tlJake application for a license on fonns provided by the Village Clerk and containing the follm'ling: (1) If an individual, the name and address of the individual. (2) If a partnership, the name, residence and business address of each partner. (3) If a corporation, the name, date and state under ~~ose laws such corporation was organized, and if a foreign corporation, whether authorized to do business in the State of Illinois; the names of the principal officers, directors ani local representatives, their residences and business addresses. ( 4 ) The location where the business of renting motorcycles will be conducted, and the number of motorcycles that will be maintained on the premises for rental purposes. (E) fI'.aiIlta1n precise records of vehicle rental indicating the name of the person to whan the rental was made, his address, the registered rotor number of the vehicle rented or leased, together with other identifying data, the parent or guardian's written approval of a minor's application and !)is agreement to be responsible for the action of such minor in the use of the vehicle, the date and hour of its rental and the time of its return to the possession of the licensee. (F) Not rent to anyone under 18 years of age until he has on file in his possession an acknowledgement in writing, signed by either parent of the applicant or the applicant's legal guardian, in the presence of and witnessed by the licensee or his duly authorized agent, to the effect that permission is granted for such child to rent, lease or borrow a motorcycle or nDtor-driven cycle fran such renter, lessor or lender, and that such parent or guardian consents to the renting, leasing or lerxling of a motorcycle or motor-driven cycle to .such child, and assumes full legpl responsibility for acts or actions of such child in the operation of any - 3 - ~ such motorcycle or motor-driven cycle I then or thereafter rented, leased or lent to such child; and such renter, lessor or lender may rely upon such written consent as conpliance with this Ordinance until it is revoked in writing by written revocation signed by either of such parents or by such guardian and delivered to such renter, lessor, or lender. (G) Rent vehicles only to persons who have and can show a valid motor vehicle operator's license. (H) l\iJaintain all motorcycles in a safe manner and provide each with all equiprrent required by law. (1) Operate the business between the tours of 8:00 a.m. and 10:00 p.m. There shall be no rental after 10: 00 p.m., or the returning of motorcycles between the hours of midnight and 8:00 a.m. (J) Provide proof of financial responsibility by compliance with all pertinent provisions of Section 8, Chapter 95-1/2 Illinois Revised Statutes. (K) Have only the number of rental motorcycles on the premises as provided for in his application. (L) Comply with all Ordinances and regulations of the Village of Mount Prospect, including any reasonable regulations set by the Chief of Police to effectuate this Ordinance. Section 18.904. License Fee. The annual license fee for a person engaged in the business of renting J leasing or lending motorcycles or motor-driven cycles shall be Twenty Five Dollars ($25.00) per unit. Section 18.905. Punishrrent. Any person, corporation partnership or other legal entity violating any of the terms of or provisions of this Ordinance shall, upon conviction thereof, bE: punished by a fine of not leSS than $25.00 nor more than $500.00. SECTION TVX): This Ordinance is declared necessary for the preservation of the public peace, hE:alth, safety and welfare of the people of the Village of Mount Prospect. SECTION THREE: This Ordinance shall be in full force am effect fran and after its passage, approval and publication in the manner provided by law. AYES: 6 NAYS: 0 PASSED this 16th day of May , 1967. 1967. day of APPROVED this 16th ATIEsr :