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An Ordinance Amending Chapter 78 (Bicycles and Motorcycles) to Add Section 78.30 to 78.36 of the Romeoville Village Code of Ordinances
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WHEREAS, Section 6(a) of Article VII of the 1970 Constitution of the State of Illinois provides that any municipality which has a population of more than 25,000 is a home rule unit, and the Village of Romeoville, Will County, Illinois, with a population in excess of 25,000 is, therefore, a home rule unit and, pursuant to the provisions of said Section 6(a) of Article VII, may exercise any power and perform any function pertaining to its government and affairs, including but not limited to, the power to tax and to incur debt; and
WHEREAS, the Village President and Board of Trustees of the Village of Romeoville, may amend the text of the Romeoville Village Code from time to time to meet the changing needs of the Village and its citizens; and
WHEREAS, the Village of Romeoville has determined it to be in the best interest to amend Chapter 78 to add Sections 78.30 to 78.36 to regulate the use of electric bicycles (“e-bikes”), motor driven bicycles, and motorized scooters on public property within the Village of Romeoville.
NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF ROMEOVILLE, ILLINOIS, AS FOLLOWS:
SECTION ONE: That the above recitals and referenced reports are hereby made a part of this Ordinance.
SECTION TWO: Chapter 78 “Bicycles and Motor Cycles” of the Romeoville Code of Ordinances is hereby amended by adding Sections 78.30 to 78.36 as follows:
Section 78.30 Definitions
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
A. “BICYCLE” shall mean every human-powered device and every low-speed electric bicycle, as defined within this ordinance, 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.
B. “LOW-SPEED ELECTRIC BICYCLE” or “E-Bikes” shall mean a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts that meets the requirements of one of the following classes:
1. Class 1 low-speed electric bicycle means 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 miles per hour.
2. Class 2 low-speed electric bicycle means 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 miles per hour.
3. Class 3 low-speed electric bicycle means 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 miles per hour.
A "low-speed electric bicycle" is not a moped or a motor driven cycle as defined in the Illinois Vehicle Code.
C. “LOW-SPEED GAS BICYCLE” shall mean a 2-wheeled or 3-wheeled device with fully operable pedals and a gasoline motor of less than one horsepower or 15 cubic centimeter displacement that is operated at speeds of less than 20 miles per hour. (625 ILCS 5/1-140.15)
D. “LOW-SPEED ELECTRIC SCOOTER (CLASS A)” means 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 powered solely by an electric motor under 750 watts and/or human power, and whose maximum speed, with or without human propulsion, is no more than 10 miles per hour. "Low-speed electric scooter" does not include a moped or motor-driven cycle. - (625 ILCS 5/1-140.11)
E. “HIGH-SPEED ELECTRIC SCOOTER (CLASS B)” means a device with 2 or 3 wheels, handlebars, and a floorboard that can be stood upon while riding, that is empowered in whole or in part by an electric motor, with or without human propulsion, and whose maximum speed is greater than 10 miles per hour.
A Class B electric scooter is not a low-speed electric scooter as defined by state law, and is not classified as a moped, motor-driven cycle, or motor vehicle under the Illinois Vehicle Code.
F. “ELECTRIC PERSONAL MOBILITY DEVICE” means a device that is two-wheeled, self-balancing, electric-powered and designed for one person (such as but not limited to a Segway device).
G. “MOTORIZED WHEELCHAIR” means a self-propelled device designed for and used by individuals with mobility impairments.
H. “POWERED BICYCLE/SCOOTER” means and includes a low speed electric bicycle, a low speed gas bicycle, a motorized pedalcycle and a motorized scooter, as the same are herein defined.
I. “OPERATE,” or any form or tense thereof, means the use, putting into action or causing to function of a device defined in this section by a person mounted thereon.
Section 78.31 Serial Number and Identification
A. All low-speed electric bicycles operated within the Village shall display a permanent and accurate label indicating, as applicable:
1. the classification number (1, 2, or 3) for low-speed electric bicycles,
2. the electric motor wattage and
3. the top assisted speed for low-speed electric bicycles
B. The label shall be affixed in a prominent and visible location on the device and shall remain legible at all times.
C. For low-speed electric bicycles, the required label shall meet the manufacturer labeling requirements set forth in 625 ILCS 5/11-1517(c).
Section 78.32 Operation
A. Operating Locations
1. Devices may not be operated on any roadway with a posted speed limit greater than 35 mph.
2. Low-speed electric scooters, Class B scooters, and Class 1 & 2 electric bicycles may be operated on roadways ≤ 35 mph, bicycle paths, designated bicycle lanes
3. Operation on sidewalks is prohibited unless otherwise posted.
B. Age & Licensing Requirements
1. Low-speed electric scooters (≤10 mph): 16 years old to operate a low-speed electric scooter per Illinois State Law.
2. Class B electric scooters (>10 mph): Operator must be 16 years of age or older.
3. Class 1 & 2 electric bicycles: Operator must be 14 years of age or older and wear a helmet.
4. Class 3 electric bicycles:
a. Operator must be 16 years of age or older.
b. Operation permitted only on roadways ≤ 35 mph.
c. Operator must possess a valid driver’s license.
5. Low-speed gas bicycles: Operator must be 16 years of age with valid driver’s license.
C. Equipment Requirements
1. Lights (night or reduced visibility): White front light visible from 500 feet, red rear light or reflector visible from 500 feet.
2. Brakes: Must be capable of skidding the tire on dry pavement.
3. Warning device (electric bicycles): Bell or horn audible from 100 feet.
4. Pedals: All electric and motorized bicycles must have two pedals affixed.
D. Operating Conduct
1. Operators must obey all Illinois traffic laws and all applicable Village ordinances.
2. Operators must yield to pedestrians and obey all traffic control devices.
3. Only one rider may be carried on any scooter or bicycle.
4. Operators may not carry any item that prevents keeping at least one hand on the handlebars.
5. Use of mobile devices is prohibited unless hands-free.
6. Operation while under the influence of alcohol or drugs is prohibited.
7. Operators must ride as near to the right-hand side of the roadway or path as practicable and ride single file, except where a lane is reserved for bicycles.
8. No person shall knowingly tamper or modify the speed capability or engagement of a low-speed electric bicycle without complying with the requirements of 625 ILCS 5/11-1517.
9. No person shall operate a low-speed electric bicycle with a conscious disregard for the safety of others and/or the operator, which poses a substantial and unjustifiable risk to the safety of the operator or others. Reckless operation does not have to result in injury.
10. Every person operating a low-speed electric bicycle upon a roadway shall obey all traffic rules applicable to vehicles.
E. Prohibited Devices
1. No person shall operate a motor driven cycle (as defined in Section 1-145.001 of the Illinois Vehicle Code (625 ILCS 5/1-145.001), e-moto, minibike or pocket bike upon any public street, sidewalk, parking lot, bike path, park or on any other public property. An e-moto means a motor driven cycle that has an electric motor with a power output exceeding 750 watts and is equipped with a dedicated throttle and without operable pedals.
2. Any low-speed gas bicycle or Class B electric scooter not meeting the definitions of this ordinance is prohibited on all public ways or Village property.
F. Authority to Restrict Use
1. The Chief of Police, or authorized designee, may erect signs prohibiting the operation of low-speed electric bicycles, low-speed gas bicycles, Class A/B electric scooters, and electric personal mobility devices on any sidewalk or roadway, as approved by Village Board resolution.
G. Pedestrian Right-of-Way
1. Pedestrians have the right-of-way at all times.
2. When on a sidewalk or sidewalk crossing (where permitted), riders must dismount or exit the sidewalk when meeting or passing pedestrians.
H. Parental Liability
1. A parent or legal guardian may not permit or negligently allow a minor to operate a powered bicycle/ scooter in violation of this ordinance.
2. Parents or guardians are liable for any damages, fines, or injuries resulting from a minor’s unlawful operation.
Section 78.33 Parking
A. Obstruction Prohibited: Bicycles, electric bicycles, gas bicycles, and scooters may not be parked in any manner that obstructs pedestrian or vehicular traffic, handicap access ramps, sidewalks, driveways, or building entrances.
B. Prohibited Fixtures: No bicycle or scooter may be parked or secured to fire hydrants, hand railings, benches, trees, trash receptacles, parking meters, light poles, or street signs.
C. Private Property: Bicycles and powered bicycles/scooters may not be left on private property without the consent of the property owner or legal tenant.
Section 78.34 Abandonment/ Impoundment/ Liability
A. A bicycle or powered bicycle/scooter left on a street or other public property for more than 72 hours may be deemed abandoned and impounded by the Village Police Department.
1. If a device appears abandoned, a notice/impoundment sticker will be affixed stating that it will be removed within 72 hours (3 days) and subsequently impounded by the Romeoville Police Department
2. The impounding agency will make reasonable efforts to notify the owner of the impounded bicycle or powered bicycle/scooter, including instructions on how and by what date the device must be claimed.
B. A bicycle or powered bicycle/scooter may be immediately impounded if:
1. It is parked in violation of this Code and obstructs or impedes pedestrian or vehicular traffic; or
2. It is in noticeable disrepair and would reasonably be assumed not to properly operate; or
3. It is an immediate threat to public welfare.
C. A fee may be charged to the owner of an impounded bicycle or powered bicycle/scooter. No impoundment fee will be charged to the owner of a stolen bicycle or powered bicycle/scooter that has been impounded
1. An impounded bicycle or powered bicycle/ scooter that remains unclaimed after six months may be disposed of in accordance with the Law Enforcement Disposition of Property Act (765 ILCS 1030/1).
2. Removed bicycles or powered bicycle/scooters shall be held by the Village of Romeoville Police Department.
Section 78.35 Schedule of Fines and Fees
A. Fines and fees may be assessed against the owner, operator, or registrant of a bicycle or powered bicycle/scooter in violation of this ordinance.
B. The owner, operator or registrant of powered bicycle/scooters in violation of this ordinance shall be responsible for any and all fines and fees resulting from the violation.
C. Schedule of Fines and Fees
1. The fine for a first offense is $50.00. A second offense is $100.00 and a third independent offense is $250.00 and impoundment of the vehicle. Storage costs will accrue at $25.00 per day after the first day of impoundment.
SECTION THREE: SEVERABILITY That the various provisions of this Ordinance are to be considered severable and if any part or portion of this Ordinance shall be held invalid by any Court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Ordinance.
SECTION FOUR: CONFLICTS. All prior Ordinances, or parts thereof in conflict or inconsistent with this Ordinance are hereby expressly repealed only to the extent of such conflict or inconsistency.
SECTION FIVE: REPEALER. All Ordinances or parts of Ordinances in conflict with any of the provisions of this Ordinance shall be, and the same are hereby repealed.
SECTION SIX: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law.