 At that meeting there was much discussion on the legality of
operating a lawn mower on city streets, and whether or not the city
had the authority to allow such an event.City attorney Bill Bates
said then that he was certain that this was beyond the city's
jurisdiction, and he was very concerned that the city could be held
liable if there were any kind of accident or incident involving
these lawn mowers.
At the Monday night meeting, Perdue and Bohen returned to address
some of the concerns that had been expressed.
Perdue said that she had taken it upon herself to look into the
Illinois laws that would apply and had found an answer to the
concerns.
She read from Illinois Vehicle Code 625 ILCS 11-1426.1, saying
that the rule said that non-highway vehicles could be operated on
streets where the posted speed limit was 35 mph or less.
Perdue said that all the streets they plan to use for the lawn
mower run meet that requirement.
She went on to say that the local government did have the
authority to allow the event according to this law by simply passing
an ordinance.
According to Perdue the rule also says that signs should be
posted on the streets, alerting the public that the lawn mowers
would be on the street. This is another thing that the group is
willing to do.
She said that regular pickup trucks would escort the lawn mowers
in both the front and rear of the group and would also haul the food
collected. She also pointed out that with the posting of the signs,
perhaps residents along those streets would make plans to carry
donations to the street for the food pantry.
Perdue said that this activity was for the community and would
make a big difference for a lot of families in the community.
"I have looked into this because I want to make a difference, and
you have to start somewhere and enjoy doing it in the process,"
Perdue said. "We will have a chance to not only get together and
do something right in this town, but it will be posted all over the
news and in the media."
She continued: "Just something for you guys to think about: Do
you know what it would do for this town if people were working
together to make a difference and having fun doing it in a unique
way? I know it would be a place I would want to raise my family. I'd
be proud to say I live in a town where people enjoy themselves and
work together to make a difference. I don't see it very often in
this town."
Perdue went on to say that she was aware that the city was
concerned about liability. She said that the group had an insurance
policy that covered everything except bodily injury. Her suggestion
was that there be a waiver drawn up for participants to sign,
stating they were responsible for any injury to themselves or
others. She also suggested that Bates might be the person who should
write the waiver document.
When Perdue had finished speaking, Alderwoman Marty Neitzel said
that the primary concern of the council was the insurance issue.
Perdue questioned how so, and Neitzel explained: If a child should
run into the street and be struck and injured by a lawn mower, was
the operator going to be financially able to take care of the bodily
injury? "Who is standing holding all the big money? The city of
Lincoln," Neitzel concluded.
Perdue said that again the waiver would take care of that, and
she felt Bates could write it in such a way that the city would not
be held responsible.
Perdue also countered Neitzel by saying that it was no different
than someone on a mini scooter in a parade hitting someone. She said
the only difference was that for the parade the roads were blocked
off.
Neitzel, however, said that the city did have insurance for that,
and Perdue questioned how so -- on the driver, the vehicle or all
the people? Neitzel said that the coverage was on the event.
Perdue said, "We have insurance on our event."
However, Bates said she had already stated that their insurance
did not cover bodily injury, and Perdue said they would get it.
Neitzel then commented that if they had the bodily injury
coverage, she didn't think there would be any problem with the group
holding the lawn mower run.
However, Bates couldn't agree with her.
He, too, had read the law, and he said it was written to pertain
to neighborhood vehicles, such as golf carts, all-terrain vehicles
and off-highway motorcycles.
[to top of second column] |
He noted in particular the minimum speed requirement in the law
of 20 mph.
Bates said that Deputy Chief Michael Geriets of the city police
had discussed the issue with Michael McIntosh, state's attorney.
McIntosh had also expressed a concern over the legality of the
event.
In addition Bates contacted the Illinois Municipal League, who he
said didn't have a great deal of knowledge about a lawn mower run,
but when it was explained to them, they too expressed concern.
Alderman Buzz Busby had said moments earlier that he had been
told that waivers were only as good as the paper they are written
on. Bates addressed that, saying that in actuality, the waiver is
only as good as the financial standing of the person signing it. If
the person who causes the injury is not financially able to pay the
damages, then it will come back to the city.
Perdue said: "I feel like just because it is not professional it
is not going to be allowed. If I came up here and said I was going
to have a children's event and we were going to march around town,
everyone would probably be more willing to do it.
"There is always a ‘what if,' there is always a chance someone is
going to get hurt."
Bates said that in the example of the children's event she just
spoke of versus the lawn mower run, the comparison was simple: One
is legal and one is not.
Alderman Jeff Hoinacki said that he and the police committee have
discussed how they could do this, and the idea of a "rolling parade"
was discussed. He explained that the rolling parade would include
closing streets as the group progressed through town, perhaps a
block at a time.
Busby said that blocking off streets would mean city employees
perhaps working overtime, something that the budget really can't
tolerate this coming year.
However, Tracy Jackson, city street and alley superintendent,
said that for the college's 5K run for example, city employees place
the barricades at specific locations during normal working hours.
The college then sees to it that they are put in place and taken
down, so city crews are not working overtime. However, no one
discussed how that might work with a rolling parade.
Hoinacki said that the evening's agenda did include a vote on the
lawn mower run, but he wanted to table that vote and look into the
issue a little further.
By unanimous vote, the issue was tabled.
If approved, the group plans to have their lawn mower run on May
15.
[By NILA SMITH]
(Copy below from
http://www.mapunion.org/
PDFs/2010lawupdate.pdf)
2010 Law Update for
Law Enforcement
Specifies Golf Cart
or other neighborhood vehicle, self propelled, electronic powered,
four wheeled vehicle with an engine displacement under 1,200 cc.
which cannot exceed 25 miles per hour.
(a) It is unlawful
to operate any such vehicle upon any street, highway, or roadway in
the state, unless exempt by ordinance, and must have a valid
Illinois driver's license in their name.
Anyone operating
such vehicle is subject to mandatory insurance requirements of
Chapter 7 of the ILCS
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