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HomeMy WebLinkAboutOrdinance #4468 - regulating the operation of low-speed electric bicycles and low-speed gas bicycles STATE OF ILLINOIS). ) SS. COUNTY OF FULTON) CERTIFICATE I, Andir Smith-Walters, certify that I am the duly elected City Clerk of the CITY OF CANTON, FULTON COUNTY, ILLINOIS. I further certify that on May 20. 2025. the City Council of such municipality passed and approved Ordinance #4468 entitled: AN ORDINANCE REGULATING THE OPERATION OF LOW-SPEED ELECTRIC BICYCLES AND LOW-SPEED GAS BICYCLES The ordinance attached is a true and correct copy of the ordinance adopted by Canton City Council. DATED AT CANTON, ILLINOIS, THIS 20th DAY OF May, 2025 Seal ndi Smith-Walters, City Clerk 6 ity of Canton, Illinois ORDINANCE NO. 4468 AN ORDINANCE REGULATING THE OPERATION OF LOW-SPEED ELECTRIC BICYCLES AND LOW-SPEED GAS BICYCLES WHEREAS, the City of Canton (the "City") is an Illinois municipality and a non-home rule municipality in accordance with the Constitution of the State of Illinois of 1970; WHEREAS,pursuant to 625 ILCS 5/11-208(a)(8),the City may regulate the operation of low-speed electric bicycles and low-speed gas bicycles, and require the registration and licensing of same, including the requirement of a registration fee; WHEREAS, pursuant to 65 ILCS 5/11-80-2, the City may regulate the use of its streets and other municipal property; WHEREAS, the City has considered the volume, speed, and character of traffic on its roadways and determined that low-speed electric bicycles and low-speed gas bicycles may safely travel on or cross its roadways, subject to certain regulations as set forth by ordinance; WHEREAS, the Canton City Council has determined that public safety will not be jeopardized and that it is necessary and in the best interests of the health, safety and welfare of the citizens of the City to establish regulations pertaining to the operation of low-speed electric bicycles and low-speed gas bicycles within the City. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON,FULTON COUNTY,ILLINOIS,AS FOLLOWS: SECTION 1. The City of Canton hereby finds as fact the recitals set forth above and are incorporated herein as though fully set forth. SECTION 2. Title 9, Chapter 13 of the Canton Municipal Code, entitled "Low-Speed Electric Bicycles and Low-Speed Gas Bicycles," is hereby added and shall state as follows: 1 9-13-1:DEFINITIONS. The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: "Low-speed electric bicycle"means 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: (a) "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. (b) "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. (c) "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. "Low-speed gas bicycle" means 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. The definitions of"low-speed electric bicycle"and"low-speed gas bicycle,"as set forth in this section, are intended to be consistent with the definitions for same set forth in the Illinois Vehicle Code, and to the extent the definitions in the Canton Municipal Code and Illinois Vehicle Code for "low-speed electric bicycle" and "low-speed gas bicycle" conflict,then the definitions set forth in the Illinois Vehicle Code shall apply and control. "Illinois Vehicle Code" or"Code" means the Illinois Vehicle Code (615 ILCS 511-100 et seq.), as may be amended from time-to-time. "City Street"for purposes of this Chapter means any highway,street,roadway,road,alley, or right-of-way located within the City's jurisdiction. 9-13-2:REGISTRATION;FEES: (a) No person shall operate a low-speed electric bicycle or a low-speed gas bicycle upon a City Street unless the low-speed electric bicycle or a low-speed gas bicycle is registered and permitted with the City's Police Department (the "Police 2 Department"). The owner shall furnish the Police Department with his or her name and address, the make and serial number of the low-speed electric or low-speed gas bicycle, waiver of liability, and any other information as the Police Department may require, including a certification that the low-speed electric or low-speed gas bicycle meets the equipment requirements of this Chapter. All low-speed electric or low- speed gas bicycles are subject to inspection by the Police Department to ensure the vehicle is equipped as required by this Chapter prior to registration. If an owner is under the age of eighteen, then his or her parent or legal guardian shall register the low-speed electric bicycle or a low-speed gas bicycle as the registered "owner" and shall be strictly liable for any violations of this Chapter. (b) Upon registration of a low-speed electric or low-speed gas bicycle and payment of the registration fee provided for herein, the Police Department shall issue to the owner a permit and/or a registration sticker(collectively hereinafter"permit"or"registration") to be firmly attached to the bicycle in such a manner as the Chief of Police shall prescribe. The permit must be visible and shall not be removed from the low-speed electric bicycle or a low-speed gas bicycle while it is operating on a City Street. (c) The annual registration fee for any low-speed electric or gas bicycle permit shall be $15.00,which shall be due at the time of registration. (d) Permits issued under this Chapter shall be effective for a maximum period of one calendar year and shall expire April 30th of each year, regardless of the date of issuance. Registration fees will not be pro-rated after May 1, 2025. (e) Permits under this Chapter shall not be transferrable in the event of a change of ownership. A new registration fee will be required of the new owner(s) of the low- speed electric bicycle or a low-speed gas bicycle, and it is the registered owners' responsibility to notify the City upon the transfer of any ownership in order to terminate the Permit.No refund of the original registration fee is allowed in the event of the change of ownership. 9-13-3:ADDITIONAL REQUIREMENTS: (a) Traffic Laws Apply to Persons Riding Low-Speed Electric Bicycles and Low-Speed Gas Bicycles: Every person riding a low-speed electric bicycle and low-speed gas bicycle upon a City Street shall be subject to all of the duties applicable to the driver of a vehicle by the Illinois Vehicle Code or the Canton Municipal Code, except as to special regulations in Chapter, Article XV of Chapter 11 of the Illinois Vehicle Code, and those provisions of the Illinois Vehicle Code or Canton Municipal Code which by their nature can have no application. It is a violation of this subsection to do any act forbidden or fail to perform any act required in Article XV of Chapter 11 of the Illinois Vehicle Code. Except as otherwise provided in this Chapter,the provisions of Article XV of Chapter 11 of the Illinois Vehicle Code and ordinances that apply to bicycles also apply to low-speed electric bicycles and low-speed gas bicycles. 3 (b) Certain Roadways, Highways and Streets Prohibited: A person may operate a low- speed electric bicycle or low-speed gas bicycle upon a City Street pursuant to the provisions of this Chapter or other applicable law. A person may not operate a low- speed electric bicycle or low-speed gas bicycle on any City Street or public bicycle path within the City where the posted speed limit exceeds thirty-five(35) miles per hour;however, a person may cross (e.g. perpendicularly) any City Street or public bicycle path within the City where the speed limit exceeds thirty-five (35)miles per hour, subject to other applicable law and provided said crossing is at an intersection or other lawful crossing. (c) Age Restrictions: (1) A person may operate a low-speed gas bicycle only if the person is at least 16 years of age. A person must be at least 16 years of age may ride as a passenger on a low-speed gas bicycle, and said bicycle must also be designed to accommodate passengers in order for a person to ride as a passenger. (2) A person may operate a Class 3 low-speed electric bicycle only if he or she is 16 years of age or older. A person must be at least 14 years to age to ride as a passenger on a Class 3 low-speed electric bicycle, and said bicycle must also be designed to accommodate passengers in order for a person to ride as a passenger. (3) A person may operate a Class 1 or Class 2 low-speed electric bicycle only if he or she is 14 years of age or older. A person must be at least 14 years of age to ride a Class 1 or Class 2 low-speed electric bicycle, and said bicycle must also be designed to accommodate passengers in order for a person to ride as a passenger. (4) For purposes of this subsection"be designed to accommodate passengers" does not include riding on pegs or handlebars or in or on trailers. The low-speed electric bicycle or low-speed gas bicycle must have an affixed seat that may reasonably and safely transport a passenger. (d) Speed Restrictions: A person may not operate a low-speed electric bicycle or low- speed gas bicycle at a speed greater than 20 miles per hour upon any City Street. (e) Use on Sidewalks and Public Places Prohibited: A person may not operate a low- speed electric bicycle or a low-speed gas bicycle on a sidewalk. A person shall not operate a low-speed electric bicycle or low-speed gas bicycles on walking/biking paths, in City parks, or other city-owned public places (except for permitted City Streets), other than designated parking areas. (f) Equipment Requirements: Every low-speed electric bicycle and low-speed gas bicycle when in use at nighttime shall be equipped with a lamp on the front which shall emit a white light visible from a distance of at least 500 feet to the front and with a red reflector on the rear of a type approved by the Illinois Department of Transportation which shall be visible from all distances from 100 feet to 600 feet to 4 the rear when directly in front of lawful lower beams of headlamps on a motor vehicle, except that 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. Every low-speed electric bicycle and low-speed gas bicycle shall be equipped with a brake which will adequately control movement of and stop and hold such low-speed electric bicycle or low-speed gas bicycle. All (g) Safety Equipment: Any person under the age of sixteen(16)that is operating or is a passenger on a low-speed electric bicycle or low-speed gas bicycle shall wear a helmet while operating or riding on any City Street. All persons operating or that are a passenger on a low-speed electric bicycle or low-speed gas bicycle shall be protected by glasses, goggles or a transparent shield. (h) Driving Under the Influence of Drugs andlor Alcohol: A person may not operate or be in physical control of a low-speed electric bicycle or low-speed gas bicycle on a highway, street, or roadway in the City of Canton in violation of 625 ILCS 5111-501. (i) Sirens Prohibited: A low-speed electric bicycle or low-speed gas bicycle shall not be equipped with nor shall any person use upon a low-speed electric bicycle or low- speed gas bicycle any siren. This subsection does not apply to a low-speed electric bicycle or low-speed gas bicycle that is a police vehicle or fire department vehicle. (j) Additional Requirements Specific to Low-Speed Electric Bicycles: (1) A Class 2 low-speed electric bicycle shall operate in a manner so that the electric motor is disengaged or ceases to function when the brakes are applied. (2) A Class 1 low-speed electric bicycle and a Class 3 low-speed electric bicycle shall operate in a manner so that the electric motor is disengaged or ceases to function when the rider stops pedaling. (3) Each low-speed electric bicycle operating in the City shall comply with equipment and manufacturing requirements adopted by the United States Consumer Product Safety Commission under 16 CFR § 1512. (4) Each Class 3 low-speed electric bicycle shall be equipped with a speedometer that displays the speed the bicycle is traveling in miles per hour. (5) No person shall knowingly tamper or modify the speed capability of a low-speed electric bicycle without replacing the label required under 625 ILCS 5111- 1517(c). (k) Any person owning or operating a low-speed electric bicycle,or low-speed gas bicycle in the City of Canton does so under the acknowledgment that the City of Canton shall not under any circumstances be liable for any expense incurred by an applicant or permit holder for the costs of rendering a low-speed electric bicycle or low-speed gas 5 bicycle compliant with the requirements as set forth in this Chapter for the purpose of its operation on City Streets. 9-13-4:PENALTY;IMPOUNDMENT: (a) Penalty; Owners Responsible. Any person found to be in violation of any of the provisions of this Chapter shall be subject to a fine of no less than $25.00 nor more than $750.00 for each such violation. Every day that a violation occurs shall constitute a separate offense.All registered owners of any low-speed electric bicycle or low-speed gas bicycle that is operated in violation of this Chapter may be cited and fined for said violation and all registered owners shall be strictly liable for any violations of this Chapter, regardless of whether the registered owner was operating the low-speed electric bicycle or low-speed gas bicycle in violation of this Chapter. (b) Suspension. A second or subsequent violation of any of the provisions of this Chapter, in relation to any particular low-speed electric bicycle or low-speed gas bicycles (regardless of the operator), in addition to any fine imposed, shall be grounds for the revocation of any permit issued for that low-speed electric bicycle or low-speed gas bicycle of up to one (1) year. If, at any time, the Chief of Police determines that permitting any particular low-speed electric bicycle or low-speed gas bicycle to be operated by the owner, or his or her authorized user, on any City Street would jeopardize public safety, the Chief of Police may suspend or revoke, subject to subsection(d)below, any permit issued under this Chapter for periods of up to one (1) year or more. (c) Impoundment. In addition to fines as set forth in subsection (a) above and suspension set forth in subjection (b) above, any low-speed electric bicycle or low-speed gas bicycle operated within the City of Canton shall be subject to impoundment. The chief of police is hereby authorized and empowered to impound, for a period not to exceed sixty (60) days, any low-speed electric bicycle or low-speed gas bicycle in violation of the Canton Municipal Code, so far as they are applicable. When the owner of any low- speed electric bicycle or low-speed gas bicycle is known, he or she shall be given or sent a letter to his or her last known address notifying him or her that the low-speed electric bicycle or low-speed gas bicycle has been impounded and informing the owner how to claim the impounded low-speed electric bicycle or low-speed gas bicycle. Where the owner/rider of the low-speed electric bicycle or low-speed gas bicycle is under age eighteen (18), a copy of the letter may be sent to his or her parent or legal guardian, if known. Any low-speed electric bicycle or low-speed gas bicycle impounded under this section may be redeemed after thirty (30) days or after the owner's first appearance in Court, whichever occurs first, unless otherwise approved by the Chief of Police.The redemption fee for any impounded property shall be twenty- five dollars ($25.00). This fee is in addition to any fines or penalties, which may be assessed for the violation of the Canton Municipal Code. After sixty (60) days, all unclaimed low-speed electric bicycles or low-speed gas bicycles shall be deemed property of the City. 6 (d) Revocation or Denial of Registration. (1) The Chief of Police may suspend or revoke any registration authorized under this Chapter if the Chief of Police determines that permitting said low-speed electric bicycle or low-speed gas bicycle to be operated by the owner, or his or her authorized user, on any street or alley of the City would jeopardize public safety. (2) The Chief of Police may deny registration authorized under this Chapter if the Chief of Police determines, in his or her sole judgement, that permitting said vehicle to be operated by the owner, or his or her authorized user, on any City Street would jeopardize public safety. (3) The Chief of Police may suspend or revoke any registration authorized under this Chapter or deny future registration under this Chapter if the owner, or his or her authorized user, is convicted of a violation of Article V of the Illinois Vehicle Code while operating the low-speed electric or low-speed gas bicycle on the roadways of the City of Canton. (4) The Chief of Police shall issue his or her suspension, revocation or denial, in writing, which shall be personally delivered to the owner, mailed via U.S. Mail to the address included on the owner's application for registration, or sent via e-mail to the e-mail address included on the owner's application for registration. (5) If the Chief of Police suspends, revokes or denies any registration under this Chapter, then the owner may appeal the Chief of Police's decision within ten (10) days of receipt of the Chief of Police's written decision. The request for appeal must be in writing, must include the reasons for the appeal, and must be personally delivered to the Mayor's office during business hours or postmarked within said ten (10) days. The City Council will then consider whether to affirm,amend,and/or reverse the Chief of Police's decision within thirty (30) days, unless a further extension agreed upon with the owner, of receipt of the request for appeal. The owner may appear at the City Council meeting to be heard regarding his or her appeal. The owner may be represented by an attorney at the meeting, if he or she desires. The City Council's decision to affirm, amend, and/or reverse the Chief of Police's decision shall be final. (6) In the event a registration is denied under this section,then the application fee shall be refunded to the owner. If a registration is suspended or revoked,then the owner shall not be entitled to a refund of his or her registration fee without approval of the Chief of Police or, in the case of an appeal,the City Council. SECTION 3. That the Chief of Police is authorized to have posted appropriate signs as required by applicable law and consistent with this Ordinance. 7 SECTION 4. That all ordinances or parts thereof in conflict with this Ordinance are hereby expressly repealed. SECTION 5. If any part or parts of this Ordinance shall be held to be unconstitutional or otherwise invalid, such unconstitutionality or invalidity shall not affect the validity of the remaining provisions of this Ordinance. SECTION 6. This Ordinance shall be in full force and effect as of July 1, 2025. PASSED BY THE CITY COUNCIL OF THE CITY OF CANTON, FULTON COUNTY, ILLINOIS, THIS 20TH DAY OF MAY, 2025. AYES: Alderpersons Chamberlin, Grimm, Lovell,Hale, Pickel, Gossett NAYS: Alderpersons Nelson, Ketcham ABSENT:None APPROVED this 20th day of May, 2025. By: V/`�� / Kent A. Mc'Dow , ayor ATTEST: - � 2 a-G X &ea J. th-Walters, City Clerk 8