Loading...
HomeMy WebLinkAboutOrd 6809 10/07/2025 Amending Ch 23 micro mobilityOrdinance No. 6809 AN ORDINANCE AMENDING CHAPTER 23, "OFFENSES AND MISCELLANEOUS REGULATIONS" WITH REGARD TO MICROMOBILITY DEVICES (ELECTRIC BIKES, LOW -SPEED ELECTRIC SCOOTERS AND E-SCOOTERS,) AND E-MOTOS WHEREAS, the Village of Mount Prospect (the "Village") is a home rule Illinois Municipal Corporation pursuant to Article VII, § 6 of the Illinois Constitution of 1970; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect desire to make certain amendments to the Village Code of Mount Prospect (the "Village Code") as set forth below; and WHEREAS, pursuant to its authority granted under Article VII, § 6 of the Illinois Constitution, the President and Board of Trustees of the Village of Mount Prospect find it in the best interest of the Village, the Village residents, and the public health, safety and welfare to amend the Village Code as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COUNTY OF COOK, STATE OF ILLINOIS AS FOLLOWS: SECTION ONE: That the recitals set forth above shall be and are hereby incorporated in this Section One as if restated herein. SECTION TWO: Article I (General Offenses) of Chapter 23 (Offenses and Miscellaneous Regulations) of the Village Code of Mount Prospect shall be amended to add a new Section 23.121 (Micromobility Devices (Electric Bikes and Electric Scooters) and E-Motos), to read in its entirety as follows: "23.121: MICRO -MOBILITY DEVICES (ELECTRIC BIKES AND ELECTRIC SCOOTERS) AND E-MOTOS: A. DEFINITIONS. For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Any reference to definitions adopted from state statute shall include any 2068873-1 amendments thereto by reference: 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 electric dirt bikes and electric mini bikes. E-Scooters: 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 more than 10 mph, but not greater than 20 mph. Bicycle: Every human -powered device and low -speed electric vehicle, with two 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 1 E-Bike: A low -speed electric bicycle equipped with a motor that 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 20688731 reaches a speed of 20 mph. - Class 3 E-Bike: A low -speed electric bicycle equipped with a motor that 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. Reckless Operation: The operation of an E-Bike, Low -Speed E-Scooter, E-Scooter, or E-Moto with a conscious disregard for the safety of the operator and/or others, which poses a substantial and unjustifiable risk to the safety of the operator and/or others. Reckless Operation need not result in injury to the operator and/or others. 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. 2068873...1 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 THREE: Article I (General Offenses) of Chapter 23, (Offenses and Miscellaneous Regulations) of the Village Code of Mount Prospect shall be amended to add a new Section 23.122 (General Operation of Micro -Mobility Devices), to read in its entirety as follows: 23.122: GENERAL OPERATION OF MICRO -MOBILITY DEVICES A. E-BIKES: 1. No person shall operate an E-Bike in such a manner that constitutes Reckless Operation, as defined in Section 23-121(A). 2. It shall be unlawful to operate an E-Bike while carrying a package, bundle, or article in a manner that prevents the operator from keeping upon the handlebars. 3. It shall be unlawful to 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. LOW SPEED E-SCOOTERS: 1. No person shall operate a low -speed E-Scooter in such a manner that constitutes Reckless Operation, as defined in Section 23- 121(A). 2. It shall be unlawful to 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. The use of a cell phone, or similar device, while operating a Low- 2068873_W 1 Speed E-Scooter is prohibited 4. It shall be unlawful to operate a Low -Speed E-Scooter while under the influence of alcohol and/or drugs. 5. No passengers s h a I I b e allowed on a Low -Speed E-Scooter. 6 Village, lets, speeifiGally , Sidewalks, C. E-SCOOTERS: 1. No person shall operate an E-Scooter in such a manner that constitutes Reckless Operation, as defined in Section 23-121(A). 2. It shall be unlawful to operate an E-Scooter while carrying any package, bundle, or article that prevents the operator from keeping at least one hand upon the handlebars. 3. The use of a cell phone, or similar device, while operating an E-Scooter is prohibited. 4. It shall be unlawful to operate an E-Scooter while under the influence of alcohol and/or drugs. 5. No passengers shall be allowed on an E-Scooter. D. E-MOTOS: 1. In order to operate an E-Moto on a Village Roadway, the following is required: a. Valid registration issued by the 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 shall have all essential equipment, required by Illinois law, as specified in the Illinois Vehicle Code, including but not limited to: 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 2068873_1 requirements outlined in this Section, or the appropriate section of the Illinois Vehicle Code, is prohibited from being operated within the Village, specifically on Village Roadways, streets, public parking lots, parking decks, Sidewalks, or any property owned or maintained by the Village. E. AGE RESTRICTIONS: 1. A person may not operate a Class 2 or Class 3 E-Bike unless they are 16 years of age or older (unless accompanied by a parent or legal guardian). 2. A person may not operate a Low -Speed E-Scooter or E-Scooter unless they are 16 years of age or older (unless accompanied by a parent or legal guardian). F. LOCATION RESTRICTIONS: 1. Bicycles: Bicycles, other than E-Bikes, may be operated on any Roadway, bike lane, Sidewalk, or 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 Roadways, bike lanes, and Shared -Use Paths. Class 1 or Class 2 E-Bikes, while operating on a Shared -Use Path, must be operated in a safe manner while yielding the right of way to pedestrians. All Class 2 and 3 E-Bikes are prohibited from use on Sidewalks, unless directed by a Village bikeway sign, or to access the pedestrian signal push button at signalized intersections. 3. E-Bikes (Class 3): All Class 3 E-bikes shall be permitted on Roadways and bike lanes only. All Class 3 E- Bikes are prohibited from use on Sidewalks, unless directed by a Village bikeway sign, or to access the pedestrian signal push button at signalized intersections. 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 (Walk Your Wheels Zone, as defined in Subsection 8 below), where such use is strictly prohibited. Low -Speed E- Scooters must be in a safe manner 2068873.,_1 while yielding the right of way to all pedestrians. 5. E-Scooters, capable of traveling faster than 10 mph, but not greater than 20 mph, are permitted on Village Roadways, bike lanes, and Shared -Use Paths. E-Scooters are permitted on Sidewalks, except in downtown Mount Prospect (Walk Your Wheels Zone, as defined in Subsection 8 below), where such use is strictly prohibited. E-Scooters must be operated in a safe manner, while yielding the right of way to all pedestrians. 6. The use of E-Bikes (Class 1, Class 2, Class 3), Low -Speed E- Scooters, and E-Scooters is prohibited in all Village parking decks, unless accessing the parking deck entrance for the purposes of utilizing the bike rack. 7. A person may not operate a Low -Speed E-Scooter or E-Scooter on a Roadway with a posted speed limit in excess of 30 mph. 8. Walk Your Wheels Zone: The use of Low -Speed E-Scooters or E-Scooters is prohibited on Sidewalks in the downtown Mount Prospect Walk Your Wheels Zone. The Walk Your Wheels Zone is divided into two areas; one south of the railroad tracks and one north of the railroad tracks. These two areas are geographically defined for the purpose of this section as: a. South of the railroad tracks - Prospect Avenue, between Pine Street and Emerson Street. b. North of the railroad tracks — Northwest Hwy (along the south), Maple Street (along the east), Busse Ave (along the north), and the building located at 20 W. Northwest Hwy (along the west). . .. ..OraWTOM ml,,.!. G. PARKING: 1. E-Bikes, Low -Speed E-Scooters, and 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. 20688731 2. The Village reserves the right to designate specific areas or racks for the parking of E-Bikes, Low -Speed E-Scooters and E-Scooters. Parking in a non -designated area, where such an area is provided, shall constitute a violation of this Section. 3. It shall be unlawful to park an E-Bike, Low -Speed E-Scooter or E- Scooter in such a way that it blocks an entrance to a building, a fire hydrant, or a crosswalk. 4. E-Motos 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. H. SAFETY & EQUIPMENT: 1. Lamps and Reflectors a. Every bicycle, E-Bike (Class 1, 2 and 3), E-Scooter, 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), Low -Speed E- Scooter, and E-Scooter shall be equipped with a working brake. 4. Alterations to E-Bikes, E-Scooters, or Low -Speed E-Scooters a. No person shall knowingly modify an E-Bike, Low -Speed E- Scooter, or E-Scooter to change the manufacturer's speed capability. b. No person shall operate an altered E-Bike, Low- Speed E- Scooter or E-Scooter that allows the device to travel faster 20688731 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 operating E-Bikes, Low -Speed E-Scooters, or 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 mandated in the Illinois Vehicle Code, and 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, unless Village signage permits the full use of the lane. I. ADULT / PARENTAL RESPONSIBILITY: It shall be unlawful for a person to permit or knowingly allow any minor, under the age of 18, of whom they are a parent or guardian, to violate any provisions of this Section 23.121. J. PENALTIES: 1. Fines: The provisions of this Ordinance shall be enforced by the Mount Prospect Police Department. Any person who violates any provision of this Section shall be subject to a fine of not less than $75.00. but not FneFe thaR ini^ro-co Any person who knowingly allows any minor, under the age of 18, of whom they are a parent or guardian, to violate any provision of this Section 23.121 shall be subject to fell * g T 9....1..W 4 .Y'� ­ ­ ww w.. r I— s..... ,. , ...- - -.- ,-. . —... T...— — _. _.._ to a minimum fine of $200. K. 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, E- Scooter or E-Moto that is operated in violation of the following provisions of this Section: 2068873_1 1. Operating an E-Bike, Low -Speed E-Scooter, E-Scooter or E-Moto while under the influence of alcohol or drugs. 2. Operating an E-Bike, Low -Speed E-Scooter, 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 a single operator, regardless of the specific nature of the violation. Any item impounded under this Section shall only be released to the owner, if 18 years of age or older, or to the parent or guardian of a minor, after an administrative fee of $150.00 is paid to the Mount Prospect Police Department. The owner, parent, or guardian shall also be responsible for any additional applicable costs or fees associated with the impoundment. L. EXEMPTIONS: The following are exempt from the prohibitions contained in this Section 23.121: 1. Motorized wheelchairs. 2. Toy vehicles. 3. A peFSOR undeF the age of , 3. Any police, fire, municipal, or park district E-Bike, Low -Speed E- Scooter, E-Scooter, or vehicle, operated by an employee of the local government, in the course of their official duties. SECTION FOUR: 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: DiPrima, Gens, Grossi, Matuszak, Saccotelli NAYS: None 2068873„1 ABSENT: Dante PASSED and APPROVED this 7th day of October, 2025 ATTEST: Karen M. Agoranos, Village Clerk 20688731.