HomeMy WebLinkAbout7.1 2nd 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"
DRAFT Ordinance No.
Subject to Attorney Review
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 tomunicipality as defined by 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 the authority granted under Article VII, § 6 of the
Illinois Constitution the Illinois Municipal Code and in accordance with home
rule authority granted to home rule municipalities, 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 approve the amendments 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 TWOONE: Article I (General Offenses) of Chapter 23, “(Offenses and
Miscellaneous Regulations)” of the Mount Prospect Village Code of Mount
Prospect shall be amended to add a new Section 23.121 (Micromobility Devices
(Electric Bikes and Low Speed Electric Scooters) and E-Motos), to read in its
entirety as follows:
“23.121: MICRO-MOBILITY DEVICES (ELECTRIC BIKES AND LOW SPEED
ELECTRIC SCOOTERS) AND E-MOTOS:
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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 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 E-dirt bikes and E-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 or low-speed electric vehicle, with
two or more wheels, not less than 12 inches in diameter, designed 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
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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-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, lLow-sSpeed E-Scooter, E-Scooter,
or E-Moto with a conscious disregard for the safety of the operatorothers and/or
othersthe operator, which poses a substantial and unjustifiable risk to the safety of
the operator and/or others. Reckless oOperation need notdoes not have to result
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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.
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 THREETWO: Article I (General Offenses) of Chapter 23,
“(Offenses and Miscellaneous Regulations)” of the Mount Prospect 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 rReckless oOperation, as defined in Section
23-121(A).
2. It shall be unlawful toNo 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. It shall be unlawful toNo 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
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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 rReckless oOperation, as defined in
Section 23-121(A).
2. It shall be unlawful toA person may not operate a lLow-
sSpeed 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 lLow-sSpeed E-Scooter is prohibited
4. It shall be unlawful toNo person may operate a
lLow-sSpeed E-Scooter while under the influence of
alcohol and/or drugs.
5. No passenger/s shall beare allowed on a lLow-sSpeed E-
Scooter.
6. 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.
7.C. E-SCOOTERS:
8.1. No person shall operate an E-Scooter in such a manner that
constitutes rReckless oOperation, as defined in sSection 23-121 (A).
9.2. It shall be unlawful toA person may not operate an E-Scooter while
carrying any package, bundle, or article that prevents the operator
from keeping at least one hand upon the handlebars.
10.3. The use of a cell phone, or similar device, while operating an
E-sScooter is prohibited.
11.4. It shall be unlawful toNo person may operate an E-Scooter
while under the influence of alcohol and/or drugs.
12.5. No passengers shall beare allowed on an E-Scooter.
C.D. E-MOTOS:
1. In order to operate an E-Moto on a Village rRoadway,
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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 shallwill have allthe essential equipment,
required by Illinois law, asnd specified in the Illinois
Vehicle Code, including but not limited to:. 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, or the appropriate
section of the Illinois Vehicle Code, is prohibited from being
operated within the Village, specifically on Village rRoadways,
public parking lots, parking decks, Ssidewalks, or any property
owned or maintained by the Village.
D.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 lLow-sSpeed E-Scooter unless
they are 16 years of age or older (unless accompanied by a
parent or legal guardian).
E.F. LOCATION RESTRICTIONS:
1. Human powered bicycles: Bicycles, other than E-Bikes,
may be operated on any Roadwaystreet, Ssidewalk, orand
Sshared-Uuse Ppath 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
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maximum assisted speed of 20 mph, shall be permitted on
Village- owned Rroadways, bike lanes, and Sshared-Uuse
Ppaths. Class 1 or Class 2 E- Bikes, while operating on a
Sshared-Uuse Ppath, must be operatedused 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 Rroadways and bike lanes only. All classes of
E- Bikes (Class 1, Class 2, Class 3) are prohibited from use
on Ssidewalks.
4. Low-Sspeed E-Scooters, with a maximum speed of 10 mph,
are permitted on Village Rroadways, bike lanes, and
Sshared-Uuse Ppaths. Low Sspeed E-Scooters are permitted
to use on Ssidewalks, except in downtown Mount Prospect
(Walk Your Wheels Zone, as defined in Subsection 8 below),
where such use is strictlyit’s prohibited. Low-Speed E-
Scooters must be used in a safe manner 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 Rroadways, bike lanes, and
sShared- uUse pPaths. E-Scooters can be used on Village
sSidewalks, except in downtown Mount Prospect (Walk Your
Wheels Zone, as defined in Subsection 8 below), where such use is
strictlyit’s 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) and,
lLow-sSpeed E- Scooters, and E-Scooters isare
prohibited in all Village parking decks.
7. A person may not operate a lLow-sSpeed E-Scooter or E-
Scooters on a Village rRoadway with a posted speed limit in
excess of 30 mph.
8. Walk Your Wheels Zone: The use of lLow-sSpeed E-Scooters or E-
Scooters isare prohibited from being operated 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. A map of the two zones
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is included (see Attachment A). 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).
9. E-Bikes (Class 1, Class 2, Class 3) and low speed E-
Scooters or E-Scooter 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.G. PARKING:
1. E-bikes, and lLow-sSpeed 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.
2. The Village reserves the right to designate specific areas or
racks for the parking of E-Bikes, lLow-sSpeed E-Scooters
and E-Scooters. Parking in a non- designated area, where
such an area is provided, shall constitutebe a violation of
this Section.
3. It shall be unlawful to park an E-Bike, lLow-sSpeed 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-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.H. SAFETY & EQUIPMENT:
1. Lamps and Reflectors
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a. Every bicycle, E-Bike (Class 1, 2 and 3), and lLow-
sSpeed 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 or Low-Speed E-Scooters
a. No person shall knowingly modify an E-Bike, lLow-
sSpeed E- Scooter, or E-Scooter to change the
manufacturer’s speed capability.
b. No person shall operate an altered E-Bike, lLow-
sSpeed E- Scooter or 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
operatingon E- Bikes, lLow-sSpeed 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
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safe as practicable to the right-hand curb or edge of
roadway.
H.I. ADULT / PARENTAL RESPONSIBILITY:
It shall be unlawful for a person to permit or knowingly allow any minor,
under the age of 18, of whomich they are a parent or guardian, to
violate any provisions of this Section 23.121.
I.J. 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 athe following fine of not less than $75.00, but not
more than $500.00 for each offense. Fines for repeated
violations will increase.
3. Any personparent or guardian, 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 the following fine of not less than $100.00, but
not more than $500.00 for each offense. Fines for repeated
violations will increase to a minimum fine of $200.
4.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, lLow-
sSpeed E-Scooter, E-Scooter or E-Moto that is operatedfound to be
in violation of the following provisions of this Section:
5.1. Operating an E-Bike, lLow-sSpeed E-Scooter, E-Scooter or
E-Moto while under the influence of alcohol or drugs.
6.2. Operating an E-Bike, lLow-sSpeed E-Scooter, E- Scooter or
E-Moto in a reckless or dangerous manner that endangers
the public or property.
7.3. Repeated or habitual violations of this ordinance by a
single operator, regardless of the specific nature of the
violation.
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Any item impounded under this Section shall only be released to
the owner, if 18 years of age or olderover the age of 17, or to the
parent or guardian of a minor, after an administrative fee of
$150.00 is paid to the Mount Prospect Police Department. In
addition, tThe owner, parent, or guardian shallwould also be
responsible for any additional applicable costs or fees associated
with the impoundmentitem being towed, if applicable.
J.L. EXEMPTIONS: The following are exempt from the
prohibitions contained in this Section 23.121:
1. Motorized wheelchairs.
2. Toy vehicles.
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
5. Any police, fire, municipal, or park district E-bike, lLow-sSpeed E-
Scooter, or vehicle, operated by an employee of the local
government, in the course of their official duties.
SECTION FOURTHREE: 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 October. 2025
Paul Wm. Hoefert, Mayor
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ATTEST:
Karen M. Agoranos, Village Clerk
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