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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SECTION 1: Section 13-901, Section 13-902, Section 13-903 and Section 13-1008 of the McHenry Municipal Code shall be repealed and replaced as follows: A. No person shall ride a skateboard upon any sidewalk or highway located within any commercial zoning district within the City. 1.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