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TO: Mayor Richard C. Irvin and City Council
FROM: Deborah Lang, Assistant Corporation Counsel and Aurora Police Department
DATE: June 12, 2020
SUBJECT:
An Ordinance amending Chapter 27, Section 129 entitled "Off-road motor vehicles".
PURPOSE:
The purpose of this revision is to update the language related to off-road motor vehicles.
BACKGROUND:
Chapter 27, Section 129 was last updated in 1985, and does not contemplate the specific types of off-road motor vehicles that exist today. These updates will provide detailed provisions and regulations for the usage of off-road vehicles, specifically pertaining to when and where these vehicles may be used and how they must be stored.
DISCUSSION:
Access to off-road motor vehicles has increased in recent years, with all-terrain and golf-carts becoming more affordable and readily available for purchase. For example, non-recreational use of golf carts has increased, with some private subdivisions allowing for use by residents within the boundaries of the subdivision. Similarly, all-terrain vehicles (ATV's) have also become more accessible and are more common in urban environments.
The current Chapter 27 is limited in scope and does not adequately define the number and type of off-road motor vehicles that are currently being used in the City of Aurora. The proposed revisions utilize the definitions provided by the State of Illinois, which will allow our code to remain consistent with State law if and when it is amended.
The proposed changes also include provisions for permitted Special Events, which will allow for more consistent regulations and enforcement as it relates to special events in our community. The remaining proposed changes address specific public-safety concerns from both our Police and Fire Departments.
IMPACT STATEMENT:
These changes, if accepted will have a positive impact on the City of Aurora and its ability to effectively regulate the use of off-road motor vehicles.
RECOMMENDATIONS:
It is respectfully requested these proposed changes be forwarded to the Committee of the Whole for full Council review and discussion.
cc: Rules, Administration and Procedure Committee
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Amending Chapter 27, Section 129 Off-road motor vehicles.
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, it is in the best interest for the City of Aurora to amend Chapter 27, Section 129, off-road motor vehicles as it relates to the use of off-road vehicles in the City of Aurora; and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That the amendments to Chapter 27, Section 129, are hereby adopted as set forth in said "Exhibit A".
Section Two: That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Three: That all Ordinances or part of Ordinances in conflict herewith are hereby repealed insofar any conflict exists.
Section Four: That any section, phrase or paragraph of this Ordinance that is construed to be invalid, void or unconstitutional shall not affect the remaining sections, phrases or paragraphs of this Ordinance which shall remain in full force and effect.
Section Five: That the City Clerk shall cause this Ordinance to be published in pamphlet form upon its passage.