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HomeMy WebLinkAboutOrdinances - MC-04-852 - 07/19/2004 - Chaprer 13 Traffic SkateboardsORDINANCE NO. MC-04- 852 AN ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTER 13, TRAFFIC AND MOTOR VEHICLES, OF THE CITY OF McHENRY MUNICIPAL CODE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS, as follows: SECTION 1: That Section 13-903 MOTORIZED SKATEBOARDS AND SCOOTERS shall be added as follows: 13-903 Motorized Skateboards and Scooters. A. Definitions: The following words, when used in this section, shall have the following meanings: 1. Motorized Skateboard, any device that has a deck or platform on which a person may stand or sit, with two or more wheels, and that is self-propelled by any type of motor or engine; provided, however, that the term "motorized skateboard" shall not include the following: i. a motor vehicle (as defined in 6251LCS 5/1-146) ii. a motorcycle ( as defined in 6251LCS 5/1-147) iii. a motor driven cycle (as defined in 6251LCS 5/1- 145.001) iv. a motorized pedacycle (as defined in 6251LCS 5/1-148.2, or v. a motorized wheelchair (as defined in 6251LCS 5/1-148.3 or other device designed and used to transport a person with a disability. 2. Motorized Scooter, shall include all wheeled vehicles not licensed for use on public roads, and which are powered by gas or electric motors. By way of illustration and not limitation, scooters include all - terrain vehicles, go-carts, minibikes, motorized skateboards, off -road motorcycles and motorized bicycles. B. Limitation on Use: With the exception of authorized employees and officers of the City of McHenry, United States Postal Service employees, and other authorized governmental employees, no person shall operate or ride a motorized skateboard or motorized scooter on or within any of the following places in the City: i. Private streets and rights -of -way ii.Public streets and rights -of -way iii. Public sidewalks iv. Public parking lots or areas v.Public parks; and vi. Any other public property. Page 2 Motorized Skateboards and Scooters C. Fine; Impoundment and Redemption: Any person violating this Section shall be subject to a citation and imposition of a fine pursuant to the general penalty provisions set forth in Article X of this Code. Additionally, any person who has been issued three or more citations for violations of this Section within any 12-month period shall be required to surrender, at the time of issuance of a citation, the motorized skateboard or motorized scooter to the police officer or other authorized official who issues the citation. The surrendered motorized skateboard or motorized scooter shall be impounded and held by the City of McHenry Police Department and shall be returned to its owner only after one of the following sets of conditions has been met: i.The person against whom the citation was issued shall have paid or caused to be paid: a) all outstanding fines; and b) the fees and costs of the City in the amount of $100; or ii.The person against whom the citation was issued shall have : a) paid or caused to be paid all outstanding fines, and b) presented to the City proof that a determination of not -guilty was made for the cited offense. D. Payments to Avoid Prosecution: A person charged with a violation of this Section may avoid prosecution by paying to the City the following amounts for each violation within the time specified. - Time Period 0 to 10 days 11 to 20 days 21 to 30 days Amount of Fine $10.00 $20.00 $50.00 After 30 days, the fine must be paid in full or a court appearance will be required. This sub -section 13-903 D shall not affect the redemption fee of $100 set forth in Paragraph 13-903 C-i. SECTION 2: All ordinances, or parts thereof, in conflict with the terms and provisions hereof, be and the same are hereby repealed to the extent of such conflict. SECTION 3: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. Page 3 Motorized Skateboards and Scooters SECTION 4: This ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. PASSED and APPROVED this %' h day of L., , 2004. AYES: BOLGER, GLAB, LOW, PETERSON NAYS: WiMMER, CONDON ABSENT: MURGATROYD NOT VOTING: NONE ABSTAINED: NONE t� e r,-- -- Mayor ATTEST: C. oyn