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HomeMy WebLinkAbout8.1 1st reading of AN ORDINANCE AMENDING CHAPTER 23, "OFFENSES AND MISCELLANEOUS REGULATIONS" WITH REGARD TO MICROMOBILITY DEVICES (ELECTRIC BIKES AND LOW SPEED ELECTRIC SCOOTERS) AND E-MOTOS"M+awn �'xyt�lts�=e Item Cover Page Subject 1st reading of AN ORDINANCE AMENDING CHAPTER 23, "OFFENSES AND MISCELLANEOUS REGULATIONS" WITH REGARD TO MICROMOBILITY DEVICES (ELECTRIC BIKES AND LOW SPEED ELECTRIC SCOOTERS) AND E-MOTOS" Meeting September 16, 2025 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD Fiscal Impact (Y/N) Dollar Amount Budget Source Category Type Information N NEW BUSINESS Presentation Over the past several years, electric bikes and electric scooters have grown in popularity. The rapid rise in the use of these electric devices (e-bikes, low -speed e-scooters, and e-moto's) has presented a significant challenge to communities throughout the region. The police department has received numerous complaints regarding children and adults riding electric devices in an unsafe manner. While these devices are eco-friendly, increasingly affordable, easy to get around on, and fun to operate, they can pose a danger if not driven in a responsible manner. The proposed ordinance addresses concerns regarding electric bikes and scooters and regulates their use. DiScuSSien The Illinois Vehicle Code provides direction and defines the three separate classes of e-bikes (Class 1, Class 2, and Class 3). In August of 2024, a new state law, Public Act 103-0899, went into effect in Illinois and defined a low -speed e-scooter. While the Illinois Vehicle Code provides a general framework for e-bikes and e-scooters, it leaves critical gaps at the local level, particularly in addressing the full range of devices which are being operated on roadways. Devices range from legal a -bikes to more powerful and unregulated "e-motos". While some of the e-motos resemble e-bikes, they are far from it. An example of an e-moto would be an electric minibike. The absence of clear rules has led to a noticeable increase in unsafe behaviors, including high-speed devices being operated on sidewalks and multi -use paths by individuals of all ages, creating a direct conflict with pedestrians, bicyclists, and motorists. As other Illinois municipalities like Highland Park, Elk Grove, Glenview, Carol Stream and Schaumburg have recognized, this issue demands a proactive and comprehensive approach. An ordinance is necessary to establish clear, enforceable rules regarding age requirements, riding locations, and safety equipment. This is not about banning these popular transportation options but rather ensuring their thoughtful and responsible integration into our Village. By doing so, we hope to mitigate public safety risks and ensure that our Village remains a safe and welcoming community for everyone. Listed below is a summary of the Illinois law, as it pertains to low -speed e-bikes and low - speed e-scooters. Low -Speed Electric Bicycles CE-Bikes) E-bikes are legally defined in the Illinois Vehicle Code (625 ILCS 5/1-140.10) and treated similarly to traditional bicycles, but with specific rules based on their respective class (Class 1, Class 2, or Class 3). A legal e-bike must have fully operable pedals and an electric motor less than 750 watts (1 horsepower). Class Motor Assistance Type Maximum Assisted Minimum Rider Speed Age 1 Pedal -assist only (motor assists only when 20 mph None pedaling). 2 Throttle -assisted (motor can propel the 20 mph None device without pedaling). 3 Pedal -assist only (motor assists only when 28 mph 16 years or older pedaling). I egulation Rule icense/Registration Not required. nsurance Not required. riding Location Allowed on public roadways and bike lanes. Irohibited Areas Prohibited on sidewalks statewide. Class 3 e-bikes may face local restrictions on shared -use paths. quipment Must have a permanently affixed label stating the class, top assisted speed, and motor wattage. Required to have a white front light and a red rear reflector/light for night use. Low -Speed Electric Scooters (E-Scooters) Low -speed electric scooters are a specific legal class of device, separate from e-bikes. Specification Rule Definition A device weighing less than 100 pounds, with 2 or 3 wheels, handlebars, and a floorboard that can be stood upon while riding. It is powered solely by an electric motor and human power. Max Speed No more than 10 mph (though some local ordinances may allow up to 20 mph for "low -speed electric scooters"). Age 18 years or older is the statewide rule to operate a low -speed electric Requirement scooter. Local Use is allowed only if authorized and regulated by the municipality or Authority county (Public Act 103-0899, effective Aug 2024). Riding Allowed on public streets with speed limits generally not exceeding 35 Location mph. Cannot be ridden on State highways. Prohibited Generally, only one person is allowed per scooter (no passengers). E-Motos (Out -of -Class Electric Vehicles) E-Motos are not legally defined in the Illinois Vehicle Code as "e-bikes" and are generally considered a form of motor vehicle. Classification Rule Characteristics Electric device built on a bicycle style frame, has an electric motor exceeding 750 watts, and is capable of exceeding 20 mph on motorized propulsion alone in any mode when the throttle is engaged. Legal Status These devices are not low -speed e-bikes. As such, they must comply with the laws for motor -driven cycles or motor vehicles. Licensing/ Reg istrationThe operator must have a valid driver's license, with the appropriate classification, and the vehicle must be registered, and insured like a motor vehicle. Riding Location Must be operated on roadways intended for automobiles, and are prohibited on bicycle infrastructure (bike lanes, shared - use, trails, etc.) Mount Prospect isn't alone in grappling with how to safely and effectively regulate the growing use of micromobility devices. A number of municipalities throughout the Chicago metropolitan area have already passed their own ordinances to address this issue, providing valuable models for our own approach. Carol Stream, Schaumburg, Elk Grove, and Highland Park have all implemented regulations that aim to create a safe environment for pedestrians, cyclists, and motorists. The most successful of these ordinances strikes a careful balance. They recognize the value of e-bikes, e-scooters, and other devices as tools for recreation, low-cost transportation, and commuting, while also prioritizing public safety. Balance is achieved by creating clear rules for where devices can be ridden and setting age requirements. The proposed ordinance allows Class 1 and Class 2 e-bikes (those with a maximum assisted speed of 20 mph) on roads, bike lanes, and shared -use trails. Class 3 e- bikes (those with a maximum speed of 28 mph) would be permitted on roads and bike lanes. None of the three classes of E-Bikes would be allowed on sidewalks. Similarly, low -speed e- scooters (with a maximum speed of 10 mph) would be permitted on roads, bike lanes, shared - use trails, and sidewalks, except in the designated Downtown Area, where e-scooters would not be allowed on sidewalks. The community has experienced a notable increase in complaints related to the operation of, which has become a significant public safety and nuisance issue. To address these concerns, the proposed ordinance classifies these vehicles as motor driven cycles or motor vehicles and would require all operators to be properly licensed and the vehicles to have valid registration and insurance. This classification subjects them to the same regulations as other motor vehicles, which means, in order to be operated on a Village roadway, they are subject to all provisions of the Illinois Vehicle Code (registration, insurance, driver's license, etc.). Lacking the requirements outlined in the Illinois Vehicle Code, these vehicles are strictly prohibited from operating within the Village. This measure will help ensure responsible use and enhance the safety of our streets for all residents. The proposed ordinance establishes clear guidelines for these devices. To enhance visibility and safety, all e-bikes, low -speed e-scooters, and e-motos must be equipped with a functioning white front headlight and a red rear taillight for use at night. To prevent misuse and maintain a consistent regulatory framework, the ordinance prohibits any modifications to a device that would change its manufacturer's speed capability. The Village is establishing minimum age requirements for the operation of some devices; 16 years of age for low -speed e-scooters and 16 years of age for Class 3 e-bikes. By learning from the experiences of our neighboring communities, the proposed ordinance seeks to avoid a complete ban, which would limit the convenience and accessibility these devices offer, while also mitigating the public safety concerns that arise from unregulated use. We believe our approach is a thoughtful, proactive solution that will allow our residents to enjoy and utilize these devices safely and responsibly. Attached to this report is a draft spreadsheet from the Northwest Municipal Conference, showing a breakdown of communities throughout the area. The spreadsheet identifies what communities have e-bike and/or e-scooter ordinances, along with their regulations for each of those devices. Several surrounding communities, such as Arlington Heights, Palatine, and Rolling Meadows are actively working with their Village Boards to establish their respective a -bike and e-scooter ordinances. Des Plaines, Wheeling, and Buffalo Grove do not have any micromobility ordinances in place. Staff recognize the need for clear regulations to make it safer for people riding micromobility devices while also improving the safety for pedestrians that may share public spaces with these devices. We look forward to presenting this topic to the Village Board and Community at next week's Board meeting and fostering a collaborative conversation about this very important topic. Alternatives 1. Approve an ordinance amending Chapter 23, "Offenses and Miscellaneous Regulations" with regard to micromobility devices (Electric Bikes and Low Speed Electric Scooters) and e-motos. 2. Action at the discretion of the Village Board. Staff Recommendation Approve an ordinance amending Chapter 23, "Offenses and Miscellaneous Regulations" with regard to micromobility devices (Electric Bikes and Low Speed Electric Scooters) and e-motos. Attachments 1. Micromobility Regulations by Organization 2. 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SECTION ONE: Chapter 23, "Offenses and Miscellaneous Regulations" of the Mount Prospect Village Code shall be amended to add Section 23.121 as follows: 23.121: MICROMOBILITY DEVICES (ELECTRIC BIKES AND LOW SPEED ELECTRIC SCOOTERS) AND E-MOTOS: A. DEFINITIONS. Bike Lane: As defined in 605 ILCS 30/4, a restricted right-of-way designated for the exclusive or semi -exclusive use of bicycles with through travel by motor vehicles or pedestrians prohibited. E-Moto: This term is not officially recognized in the Illinois Vehicle Code, however as it relates to this Section, E-Moto applies to all electric powered devices built on a bicycle- style frame equipped with one or more operating modes and a throttle, having an electric motor with a power output exceeding 750 watts, and is capable of exceeding 20 mph using only the throttle. While these types of devices are not specifically defined by the Illinois Vehicle Code, depending on their design and motor size, they would either be classified by the Illinois Vehicle Code as motor vehicles or motor driven cycles. Both of which would require the same registration, insurance, and licensing requirements as other vehicles on the roadway. Some examples of E-Motos would be E-dirt bikes and E-mini bikes. Human -Powered Bicycle: As defined in 625 ILCS (5/1410.10), a human - powered device, with 2 or more wheels not less than 12 inches in diameter, operable pedals, and designated seats for the transportation of one or more persons. Low Speed Electric Bicycles: Is hereby defined in 625 ILCS 5/1410.10, and may be amended from time to time, and is currently set forth as follows: - Class 9 E-Bike: A low -speed electric bicycle equipped with a motorthat provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of 20 mph. - Class 2 E-Bike: A low -speed electric bicycle equipped with a motor that may be used exclusively to propel the bicycle and that is not capable of providing assistance when the bicycle reaches a speed of 20 mph. - Class 3 E-Bilce: A low -speed electric bicycle equipped with a motorthat provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches a speed of 28 mph A low -speed electric bike is not a moped or a motor driven cycle. Low -Speed E-Scooter: Is hereby defined in 625 ILCS 5/1-140.11, and may be amended from time to time, and is currently set forth as follows: A device weighing less than 100 pounds, with 2 or 3 wheels, handlebars, and a floorboard that can be stood upon while riding, that is solely powered by an electric motor and human power, and whose maximum speed, with or without human propulsion, is no more than 10 mph. Low speed E-Scooter does not include a moped or motor - driven cycle. Motorized Wheelchair: As set forth in 625 ILCS 5/1-148.3, any self- propelled vehicle, including a three -wheeled vehicle, designed for and used by a person with disabilities, that is incapable of a speed in excess of 8 mph on level ground. Roadway: That portion of a highway improved, designed, or ordinarily used for vehicular travel. Shared -Use Path: As defined in 605 ILCS 30/4.1, A completely separated right-of-way designated for the exclusive use of bicycles and pedestrians with crossflows by motorists minimized. Sidewalk: The portion of a street between the curb lines or the lateral lines of a roadway, and the adjacent property lines, intended for the use of pedestrians. Toy Vehicle: Any battery -powered ride on toy that is designed to not exceed 10 mph; that includes any of wheels, handlebars, steering wheel, seat, or platform; and is designed for children under the age of eight years (including, as an example Razor Kick Start scooters and Power Wheels). SECTION TWO: Chapter 23, "Offenses and Miscellaneous Regulations" of the Mount Prospect Village Code shall be amended to add Section 23.122 as follows: 23.122:GENERAL OPERATION OF E-BIKES AND LOW -SPEED E- SCOOTERS A. E-BIKES: 1. Reckless Operation - No person shall operate an E-Bike in such a manner that shows a willful or wanton disregard for the safety of people or property. 2. No person may operate an E-Bike while carrying a package, bundle, or article in a manner that prevents the operator from keeping both hands upon the handlebars. 3. No person may operate an E-Bike while under the influence of alcohol and/or drugs. 4. No E-Bike shall be used to carry more than one (1) person unless the E-Bike is specifically designed for more than one (1) person. 5. As specified in 625 ILCS 5/11-1517, all E-Bikes are required to have a label, from the manufacturer, permanently affixed to the E-Bike in a prominent location. The label shall contain the bike's classification (Class 1, Class 2, or Class 3), its top assisted speed, and its motor wattage. B. E-SCOOTERS: 1. Reckless Operation - No person shall operate a low -speed E- Scooter in such a manner that shows a willful or wanton disregard for the safety of people or property. 2. A person may not operate a low -speed E-Scooter while carrying any package, bundle, or article that prevents the operator from keeping at least one hand upon the handlebars. 3. No person may operate a low -speed E-Scooter while under the influence of alcohol and/or drugs. 4. No passenger/s are allowed on a low -speed E-Scooter. 5. Any E-Scooter, capable of traveling faster than 10 mph, is prohibited from being operated within the Village, specifically roadways, public parking lots, parking decks, sidewalks, or upon any property owned or maintained by the Village. C. E-MOTOS: 1. In order to operate an E-Moto on a Village roadway, the following is required: a. Valid registration issued bythe State. b. Valid liability insurance. c. The operator must possess a valid driver's license, with the required classification, based on the type of vehicle being operated. d. The operator and every passenger shall be protected by glasses, goggles, or a transparent shield. e. The vehicle will have the essential equipment, required by Illinois law, and specified in the Illinois Vehicle Code. Just some of those required items are brakes, a headlight, taillight, turn signals, a horn, speedometer, at least one (1) rearview mirror, and brake lights. 2. Any E-Moto vehicle or device that does not possess the requirements outlined in this Section is prohibited from being operated within the Village, specifically roadways, public parking lots, parking decks, sidewalks, or any property owned or maintained by the Village. D. AGE RESTRICTIONS: 1. A person may not operate a Class 3 E-Bike unless they are 16 years of age. 2. A person may not operate a low -speed E-Scooter unless they are 16 years of age. E. LOCATION RESTRICTIONS: 1. Human powered bicycles: Bicycles, other than E-Bikes, may be operated on any street, sidewalk, and shared -use path within the Village. 2. E-Bikes (Class 1 & Class 2): Except as prohibited by the Illinois Vehicle Code, all Class 1 and Class 2 E-Bikes, with a maximum assisted speed of 20 mph, shall be permitted on Village owned roadways, bike lanes, and shared -use paths. Class 1 or Class 2 E- Bike, while operating on a shared -use path, must be used in a safe manner while yielding the right of way to pedestrians. All classes of E- Bikes (Class 1, Class 2, Class 3) are prohibited from use on sidewalks. 3. E-Bikes (Class 3): All Class 3 E-bikes shall be permitted on Village owned roadways and bike lanes only. All classes of E- Bikes (Class 1, Class 2, Class 3) are prohibited from use on sidewalks. 4. Low -speed E-Scooters, with a maximum speed of 10 mph, are permitted on Village roadways, bike lanes, and shared -use paths. Low speed E-Scooters are permitted to use on sidewalks, except in downtown Mount Prospect, where it's prohibited. Low -Speed E- Scooters must be used in a safe manner while yielding the right of way to all pedestrians. 5. E-Bikes (Class 1, Class 2, Class 3) and low -speed E- Scooters are prohibited in all Village parking decks. 6. A person may not operate a low -speed E-Scooter on a Village roadway with a posted speed limit in excess of 30 mph. 7. E-Bikes (Class 1, Class 2, Class 3) and low speed E- Scooters are strictly prohibited from operating on any County or State Highway (examples include, Northwest Hwy, Elmhurst Rd, Algonquin Rd). Operators are to walk their E-Bike or low -speed E-Scooter across these County or State Highways at designated crosswalks. F. PARKING: 1. E-bikes and low -speed E-Scooters, that are parked on public right of ways shall be parked in an upright position and in a manner that does not obstruct the passage of pedestrians, people with disabilities, or vehicular traffic. 2. The Village reserves the right to designate specific areas or racks for the parking of E-Bikes or low -speed E-Scooters. Parking in a non- designated area, where such an area is provided, shall be a violation of this Section. 3. It shall be unlawful to park an E-Bike or low -speed E-Scooter in such a way that it blocks an entrance to a building, a fire hydrant, or a crosswalk. 4. E-Moto's that meet the requirements outlined in this Section shall be parked in designated parking spaces for motor vehicles and shall not be parked on sidewalks, in pedestrian walkways, or in any other area not designated for vehicle parking. G. SAFETY & EQUIPMENT: 1. Lamps and Reflectors a. Every bicycle, E-Bike (Class 1, 2 and 3), and low - speed E- Scooter, when in use at nighttime, shall be equipped with a lamp on the front that emits a white light visible from a distance of at least 500 feet to the front and with a red reflector on the rear which must be visible from all distances from 100 feet to 600 feet to the rear when directly in front of a lawful lower beam of headlamps on a motor vehicle. A lamp emitting a steady or flashing red light visible from a distance of 500 feet to the rear may be used in addition to or instead of the red reflector. 2. Speedometer: a. Each Class 3 E-Bike shall be equipped with a speedometer that displays the speed the bicycle is traveling in miles per hour. 3. Brakes a. Every bicycle, E-Bike (Class 1, 2 and 3), and low - speed E- Scooter shall be equipped with a working brake. 4. Alterations to E-Bikes or Low -Speed E-Scooters a. No person shall knowingly modify an E-Bike or low - speed E- Scooter to change the manufacturer's speed capability. b. No person shall operate an altered E-Bike or low - speed E- Scooter that allows the device to travel faster than the manufacturer's speed capability. 5. While not required, the use of a helmet is strongly encouraged. 6. As a reminder, in Illinois all bicyclists (including those on E- Bikes or low -speed E-Scooters) have the same rights as other roadway users. All bicyclists must obey the rules of the road and be responsible for their actions, their safety, and the safety of others. 7. As specified in the Illinois Secretary of State's Bicycle Rules of the Road handbook, bicyclists are instructed to ride as close and safe as practicable to the right-hand curb or edge of roadway. H. ADULT / PARENTAL RESPONSIBILITY: It shall be unlawful for a person to permit or knowingly allow any minor, under the age of 18, of which they are a parent or guardian, to violate any provisions of this Section. I. PENALTIES: 1. Fines: The provisions of this Ordinance shall be enforced by the Mount Prospect Police Department. 2. Any person who violates any provision of this Section shall be subject to the following fine of not less than $50.00, but not more than $500.00 for each offense. Fines for repeated violations will increase. 3. Any parent or guardian, who allows a minor to violate any provision of this Section shall be subject to the following fine of not less than $100.00, but not more than $500.00 for each offense. Fines for repeated violations will increase. J. IMPOUNDMENT: In addition to the general fines provided herein, the Mount Prospect Police Department, shall have the authority to immediately seize and impound any E-Bike, low -speed E-Scooter, or E-Moto that is found to be in violation of the following provisions of this Section: 1. Operating an E-Bike, low -speed E-Scooter, or E-Moto while under the influence of alcohol or drugs. 2. Operating an E-Bike, low -speed E-Scooter, or E-Moto in a reckless or dangerous manner that endangers the public or property. 3. Repeated or habitual violations of this ordinance by single operator, regardless of the specific nature of the violation. Any item impounded under this Section shall only be released to the owner, if over the age of 17, parent or guardian after an administrative fee of $150.00 is paid to the Police Department. In addition, the owner, parent, or guardian would also be responsible for any costs or fees associated with the item being towed, if applicable. K. EXEMPTIONS: The following are exempt from the prohibitions contained in this Section: 1. Motorized wheelchairs. 2. Toyvehicles. 3. A person under the age of 16, riding a low -speed E- Scooter when accompanied by a parent or guardian. 4. A person under the age of 16, riding a Class 3 E-Bike, when accompanied by a parent or guardian; and Any police, fire, municipal, or park district E-bike, low -speed E- Scooter, or vehicle, operated by an employee of the local government, in the course of their duties SECTION THREE: That this Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of September. 2025 Paul Wm. Hoefert, Mayor ATTEST: Karen M. Agoranos, Village Clerk