A. Definition: Motorized recreational device is any device that has a deck or platform on which a person may stand or sit, with two (2) 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; provided, however, that the term “motorized recreational device” shall not include the following:
1. Motor vehicle (as defined in 625 ILCS 5/1-146);
2. Motorcycle (as defined in 625 ILCS 5/1-147);
3. Motor driven cycle (as defined in 625 ILCS 5/1-147);
4. Motorized pedacycle (as defined in 625 ILCS 5/1-148.2); or
5. Motorized wheelchair (as defined in 625 ILCS 5/1-148.3) or other device designed and used to transport a person with a disability.
B. Limitations On Use: With the exception of authorized City employees and officers, 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:
1. Private streets and rights-of-way;
2. Public streets and rights-of-way;
3. Public sidewalks;
4. Public parking lots or areas;
5. Public parks; and
6. Any other public property not identified in this section.
C. Fine; Impoundment And Redemption:
1. Penalty: Any person, corporation, firm, or partnership found guilty of violating any provision of this chapter shall be fined according to the Fines and Penalties found in Title 15, Chapter 1: Fines and Penalties, and be responsible for the City's cost of prosecution, including reasonable attorney fees. Each day that a violation continues shall be considered a separate offense.
2. Any person who has been issued three (3) or more citations for violations of this section within a twelve (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 Police Department and shall be returned to its owner only after one of the following sets of conditions has 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 two hundred fifty dollars ($250.00); or
b. The person against whom the citation was issued shall have 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.
(Ord. 18-1177, 8-6-2018; amd. Ord. 22-40, 6-20-2022)