Legal Question in Traffic Law in Illinois

Moped Prohibition

The City of Elgin prohibits mopeds from being operated in the city, although they can be legally ridden in Illinois (with insurance, title, registration, and plates) by anyone with a valid drivers license. This seems like a law to prohibit little scooters and dirt bikes, but it prohibits me from riding. the relevant municipal code is: ''For the purpose of this chapter, ''motor driven or electric cycles'' are defined as any motorcycle, motor scooter, motorized pedal cycle, or motor driven skateboard with less than one hundred fifty (150) cubic centimeter piston displacement; or electric scooter, electric pedal driven cycle or electric drive skateboard; or any vehicle as defined by 625 Illinois Compiled Statutes 5/1-145.001 or 5/1-148.2, as amended. (Ord. G81-03 � 1, 2003)'' and ''No person shall operate motor driven or electric cycles upon any public or private street, public sidewalk, parking lot, bike path or public park. (Ord. G81-03 � 1, 2003)'' My Question is, do they really have the ability to outlaw a type of vehicle from all city streets? If so, do I have any legal recourse? What avenues can I pursue to get the law changed?


Asked on 1/10/08, 4:02 pm

1 Answer from Attorneys

Joseph Michelotti Michelotti & Associates, Ltd.

Re: Moped Prohibition

Yes, they are a "home rule city".

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Answered on 1/10/08, 10:53 pm


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