HomeMy WebLinkAboutOrdinances - MC-18-1177 - 08/06/2018 - Motorized Recreational DevicesCITY OF MCHENRY
MCHENRY COUNTY
STATE OF ILLINOIS
ORDINANCE NUMBER-MC-18-1177
An Ordinance amending Article IX, Sections 13-901, 13-902, 13-903 and 13-1008 of
the McHenry Municipal Code Regarding the Regulation of Skateboards,
Snowmobiles and Motorized Recreational Devices
Adopted by the
Mayor and City Council
Of the
City of McHenry
McHenry County
State of Illinois
August 6, 2018
Published in pamphlet form by authority of the Mayor and City Council of the City
of McHenry, McHenry County, Illinois this 6th day of August, 2018.
ORDINANCE NO, 2018 - y�y\ L- 6 117 7
An Ordinance Amending Article IX, Sections 13401,13402,13403 and 134 008
of the McHenry Municipal Code Regarding The Regulation of
Skateboards, Snowmobiles and Motorized Recreational Devices
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality
as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the
passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as
granted in the Constitution of the State of Illinois; and
WHEREAS, Article IX, Chapter 13, Section 901, Section 902 and Section 903 of the
current Municipal Code provides for the regulation on the use of skateboards, the operation of
snowmobiles, and the operation of motorized skateboards and scooters within the corporate limits
of the City of McHenry; and
WHEREAS, it is desirous of the Corporate Authorities to amend Article IX, Chapter 13,
Section 901, Section 902, Section 903 and Article X, Section 134008 to update the Code to clearly
define motorized recreational devices and impose the appropriate fine structure for the related
offenses.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Aldermen of the City of
McHenry, McHenry County, Illinois, as follows:
SECTION 1: Section 13-901, Section 13-902, Section 13-903 and Section 13-1008 of the
McHenry Municipal Code shall be repealed and replaced as follows:
A. No person shall ride a skateboard upon any sidewalk or highway located within any
commercial zoning district within the City.
1. The Director of Public Works is authorized to have signs erected in such commercial
zoning districts prohibiting the riding of skateboards therein.
B. No person shall ride or operate a skateboard within any City park or bike path, except at
such places as maybe designated by the Director of Parks and Recreation and then only
in accordance with the rules, regulations and restrictions promulgated and posted.
C. Any person violating this Section shall be subject to a citation and imposition of a
fine pursuant to the penalty provisions set forth in Article X of this Code.
13-902 SNOWMOBILES PROHIBITED IN CITY OF MCHENRY PARK PROPERTY
A. It shall be unlawful for any person to operate any snowmobile in any City park, on any
nature trail in the City, or on any City -owned property.
1. This Section shall not apply to City employees performing their official duties.
B. Any person violating this Section shall be subject to a citation and imposition of a
fine pursuant to the penalty provisions set forth in Article X of this Code.
13-903 MOTORIZED RECREATIONAL DEVICES
A. Definitions: The following words, when used in this section, shall have the following
meanings:
Motorized Recreational Device, 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; This 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, motorized recreational
devices include all -terrain vehicles, go-carts, minibikes, and off -road
motorcycles; provide, however, that the term "Motorized Recreational
Device" shall not include the following:
a. A motor vehicle (as defined in 625 ILCS 5/1-146)
b. A motorcycle (as defined in 625 ILCS 5/1-147)
c. A motor driven cycle (as defined in 625 ILCS 5/1-145.001)
d. A motorized pedacycle (as defined in 625 ILCS 5/1-148.2)
e. A Motorized wheelchair (as defined in 625 ILCS 5/1-148.3) or other device
designed to transport a person with a disability.
B. Limitations on use
With the exception of authorized City employees and officers of the City of
McHenry, United States Postal Service Employees, and other authorized
governmental employees performing official business, no person shall operate or
ride a motorized recreational device upon any private property within the
City limits without the express consent of the property owner, or within any
of the following places in the City:
a. Private streets and rights -of -way
b. Public streets and rights -of -way
c. Public sidewalks
d. Public parking lots or areas
e. Public parks; and
f. Any other public property not identified in this ordinance.
C. Fine; Impoundment and Redemption
1. Any person violating this Section shall be subject to a citation and imposition of a
fine pursuant to the penalty provisions set forth in Article X of this Code.
2. Any person who has been issued three or more citations for violations of this
Section within a 12-month period shall be required to surrender, at the time of
issuance of a citation, the motorized recreational device to the police officer or
other authorized official who issues the citation. The motorized recreational
device 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 have been met:
a. The person against whom the citation was issued shall have paid or caused to
be paid:
1. All outstanding fines, and
2. The fees and costs of the City in the amount of $250.00, or
b. The person against whom the citation was issued shall have;
1. Paid or caused to be paid all outstanding fines, and presented to the City
proof that a determination of not -guilty was made for the cited offense.
13-1008 VOLUNTARY SETTLEMENTS REGARDING CERTAIN ORDINANCE
VIOLATIONS
Any of the following described offenses arising under Chapter 13 of the Municipal Code, City of
McHenry, Illinois, and as amended, may be settled and compromised by the offender within the
time herein specified after a Notice of Violation therefore is delivered to the offender, by
payment to the City the sum of money herein set forth opposite such offense:
Table A
SETTLEMENT PENALTY FOR FIRST
OCCURANCE IF PAID:
SECTION
OFFENSE
WITHIN 30 DAYS OF
VIOLATION
AFTER 30 DAYS
FOLLOWING VIOLATION
13-108
Vehicle Sticker
$25.00
$50.00
13-608; 13-608(a)
No Parking Anytime
$25.00
$50.00
13-609; 13-609(a)
Overtime Parking
$25.00
$50.00
13-610; 13-610(a);
Overtime Parking
$25.00
$50.00
13-610(b)
13-611
Overtime Parking
$25.00
$50.00
13-613; 13-614; 13-
Overtime Parking
$25.00
$50.00
615
13-616; 13-617; 13-
618
13-619
Loading Zone
$25.00
$50.00
13-620
School Bus Loading
$25.00
$50.00
Zone
13-621
15 Minute Parking Zone
$25.00
$50.00
13-901(a); 13-901(c)
Skateboarding
$25.00
$50.00
13-902
Snowmobilin
$100000
$200600
13-903(b)
Motorized Recreational
Devices
$100.00
$200.00
5111-209(h)
Parking, Fire Lane
$100.00
$200.00
51114301.3
Parking, Disabilities
$250.00
$500.00
5/114303(a);
5/114303(b)
Parking, Fire Hydrant
$100000
$200.00
Any other parking violation not listed above
$25.00
$50.00
SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this
Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment
shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain
and continue in full force and effect.
SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed
to the extent of such conflict.
SECTION 4: This Ordinance shall be in full force and effect upon its passage, approval
and publication in pamphlet form (which publication is hereby authorized) as provided by law.
Ayes: ✓ c,
Nays:
Absent:
Abstain:
(SEAL)
ATTEST:
City Clerk
Passed:
Approved:
Published:
APPROVED:
Mayor Wyse S
13-621
15 Minute Parking Zone
$25.00
$50.00
13-901 a ; 13-901 c
Skateboarding
$25.00
$50.00
13-902
Snowmobiling
$100.00
$200.00
13-903(b)
Motorized Recreational
Devices
$100.00
$200.00
5/11-209(h)
Parking, Fire Lane
$100.00
$200.00
5/11-1301.3
Parking, Disabilities
$250.00
$500.00
5/11-1303(a);
5/11-1303(b)
Parking, Fire Hydrant
$100.00
$200.00
Any other parking violation not listed above
1 $25.00
$50.00
SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this
Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment
shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain
and continue in full force and effect.
SECTION 3 : All ordinances or parts of ordinances in conflict herewith are hereby repealed
to the extent of such conflict.
SECTION 4: This Ordinance shall be in full force and effect upon its passage, approval
and publication in pamphlet form (which publication is hereby authorized) as provided by law.
Ayes: Alderwoman Condon, Aldermen: Schaefer, Santi, Glab, Mihevc, Devine and Curry
Nays: 0
Absent: 0
Abstain: 0
(SEAL)
ATTEST:
Passed:
Approved:
Published:
City Clerk
APPROVED:
Mayor Wayne S. Jett