ORDINANCE 1603
OF CITY OF CARMI, WHITE COUNTY, ILLINOIS
AN ORDINANCE ESTABLISHING CHAPTER 7, TITLE 6 OF THE CARMI CITY CODE TO REGULATE LOW-SPEED ELECTRIC AND GAS-POWDERED BICYCLES IN THE CITY OF CARMI, ILLINOIS
ORDINANCE 1603
AN ORDINANCE ESTABLISHING CHAPTER 7, TITLE 6 OF THE CARMI CITY CODE TO REGULATE LOW-SPEED ELECTRIC AND GAS-POWDERED BICYCLES IN THE CITY OF CARMI, ILLINOIS
Be it ordained by the Mayor and City Council of Carmi that Title 6 of Carmi City Code is amended by the addition of Chapter 7, which states as follows:
Section 1- Definitions
Low-Speed Electric Bicycle: A bicycle equipped with fully operable pedals and an electric motor of less than 750 watts, where such motor:
a. Provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches a speed of 20 miles per hour; or
b. May be used exclusively to propel the bicycle and is not capable of providing assistance when the bicycle reaches a speed of 20 miles per hour; or
Low-Speed Gas Bicycle: A 2 or 3-wheeled device with fully operable pedals and a gasoline motor of less than one horsepower, whose maximum speed on a paved level surface is less than 20 miles per hour.
Section 2- Requirements
All persons operating a low-speed electric or low-speed gas bicycle within the City of Carmi must have the following on the bicycle:
a. Working muffler on the bicycle
b. Working front and rear brakes
c. Rear-view mirror
d. Headlight
e. Tail lamp
f. Front and rear red reflective devices
Section 3- Registration; Fees
A. Commencing August 11, 2023, any resident within the corporate city limits owning and operating a low-speed electric bicycle or a low-speed gas bicycle within the City shall register the same with the Carmi Police Department. The owner shall furnish the Police Department with his or her name and address, phone number, the make and serial number of the low-speed electric or low speed gas bicycle, and any other information as the Police Department may require.
B. Such registration shall be made to the Chief of Police upon a form provided by the Chief of Police (Attachment A). Upon receipt of such application, the Chief of Police shall provide a tag he shall cause to be firmly attached to the frame of the bicycle in such a manner as the Chief of Police shall prescribe. The removal of any such tag, except by proper authority, shall be a violation of this section.
C. All-permit fees and impound fees will be used exclusively by the City of Carmi Police Department.
D. The owner shall pay an annual registration fee for any low-speed electric or low-speed gas bicycle of thirty-five dollars ($35.00), which shall be due at the time of registration. The owner’s annual fee shall again be due and payable January 1 of each subsequent year. The registration fee for 2023 only, between August and December, shall be fifteen dollar ($15). A full renewal of thirty-five dollars ($35) shall be due and payable on January 1 of each subsequent year beginning January 1, 2024.
E. The Chief of Police, or any official he or she shall designate, shall have authority to inspect all low-speed electric or low-speed gas bicycles for mechanical fitness, and may refuse to grant or may revoke the registration of any low-speed electric or low-speed gas bicycle deemed to be in unsafe mechanical condition.
F. It shall be the duty of every person who sells or transfers ownership of any low-speed electric or low-speed gas bicycle to report within five (5) days of the date of such sale or transfer to the Chief of Police, the name and address of the person to whom the bicycle was sold or transferred. It shall be the duty of the purchaser or transferee of such low-speed electric or low-speed gas bicycle to apply for a transfer of the registration thereof within five (5) days of the sale or transfer.
Section 4- Application of Traffic Laws
Every person riding a low-speed electric or low-speed gas bicycle upon a roadway within the City of Carmi shall be subject to all the provisions of this Section, as well as the laws of the State of Illinois and the City of Carmi Code and Ordinances, applicable to low-speed electric or low-speed gas bicycles.
A. A person may operate a low-speed gas or low-speed electric bicycle only if the person is at least sixteen (16) years of age. (625 ILCS 5/11-1516, 625 ILCS 5/177/-1517)
B. A person may not operate a low-speed gas or low-speed electric bicycle on a sidewalk. (625 ILCS 5/11-1516, 625 ILCS 5/177/-1517)
C. Low-speed gas and low-speed electric bicycles may not be operated in the City of Carmi from 12AM to 6 AM.
Section 4- Penalty; Impoundment
A. Penalty- Any person found to be in violation of any of the provisions of this ordinance shall be subject to a fine of no less than seventy-five dollars ($75) nor more than seven hundred fifty dollars ($750) for each such violation. Each subsequent violation occurring shall constitute a separate offense.
B. Impoundment- In addition to fines as set forth in this section, any person who has been issued a citation for the same offense under this Article within a twelve (12) month period of time shall, at the time of issuance of the second such citation of the same offense, be required to surrender the low-speed electric or low-speed gas bicycle to the police officer or other authorized officer of the City who issues the citation. The surrendered low-speed electric or low-speed gas bicycle shall be impounded and held by the Police Department and shall be returned to the owner only after one of the following conditions is met:
a. The person to whom the citation was issued has paid all outstanding fines or registration fees related to both citations as well as an administrative fee to the City of Carmi for impoundment in the amount of one hundred dollars ($100).
b. The person to whom the citation was issued has presented to the Police Department proof that a determination of not guilty was entered by the Chief of Police for the second cited offense which resulted in the impoundment of the low-speed electric or low-speed gas bicycle.
C. Failure to Retrieve Low-Speed Electric or Low-Speed Gas Bicycle
a. If a low-speed electric or low-speed gas bicycle impounded pursuant to this Ordinance is not retrieved from the Police Department within thirty-five (35) days after being impounded. The Chief of Police shall send written notice to the owner thereof that the low-speed electric or low-speed gas bicycle will be deemed abandoned and disposed of by the Police Department if it is not retrieved by the owner within thirty (30) days of the date of said notice.
b. If the low-speed electric or low-speed gas bicycle remains unclaimed thirty (30) days after the provision of a notice as described in this section, the Police Department may dispose of said low-speed electric or low-speed gas bicycles as it sees fit.
This ordinance shall be in full force and effect beginning August 11, 2023, following passage and approval by the Carmi City Council.
This ordinance shall be printed in pamphlet form.
Approved this 11th day of August, 2023.
Vote:
Ayes:____
Nays:____
Absent:___
Abstain:____
CITY OF CARMI, ILLINOIS
______________________________
Jeff Pollard, Mayor
_______________________________
Attest: Cynthia J. Attebury, City Clerk
I, Cynthia J. Attebury, City Clerk in and for the City of Carmi in the County of White in the State of Illinois, and keeper of the records and files thereof, as provided by statute, do hereby certify the foregoing to be a true, perfect, and complete copy of Ordinance 1603 passed and approved by the City Council of the City of Carmi at its regular meeting help July 11, 2023.
In testimony whereof, I have hereunto set my hand and affied the seal of the City of Carmi at my office this 11th day of July 2023.
(SEAL) ________________________________
Cynthia J. Attebury, City Clerk
CERTIFICATE OF PUBLICATION
I, Cynthia J. Attebury, certify that I am the duly elected and acting City Clerk of the City of Carmi, White County, Illinois.
I further certify that on July 11, 2023, the Corporate Authorities of such municipality passed and approved Ordinance Number 1603, entitled AN ORDINANCE ESTABLISHING CHAPTER 7, TITLE 6 OF THE CARMI CITY CODE TO REGULATE LOW-SPEED ELECTRIC AND GAS-POWDERED BICYCLES IN THE CITY OF CARMI, ILLINOIS which provided by its terms that it should be published in pamphlet form.
The pamphlet form of Ordinance No. 1603 including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing July 11, 2023 and continuing for at least 10 days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the City Clerk.
Dated at Carmi, Illinois, the 11th day of July 2023
(SEAL)
________________________________
Cynthia J. Attebury, City Clerk
