The Naperville Park District is in the process of amending its ordinance pertaining to the use of drones and electric scooters within areas under its jurisdiction.
At a park board meeting on Thursday, Aug. 22, officials had a preliminary discussion of changes to Ordinance 641, a broad document that regulates public use of park district-owned green space and facilities. The proposed changes are slated for a vote next month.
What’s driving the changes
Several legislative maneuvers within Springfield are behind the pair of ordinance amendments that regulate the use of drones and vehicles such as e-scooters.
Parks officials are syncing the district’s ordinance up with regulatory changes through the Illinois Department of Transportation, as defined through the Illinois Vehicle Code.
“Recent changes in state legislation have resulted in the need to amend the ordinance,” Executive Director Brad Wilson said.
Prior to presenting the proposed changes, the park district’s legal counsel reportedly was consulted and gave its recommendation to proceed.
New limits on drone flying in park areas
The amended language states the district has oversight on drones flying 150 feet above ground level, rather than the current statement of 200 feet above ground level.
The Illinois Department of Transportation’s regulations have been changed to reflect the change in park districts’ oversight for drone flying.
Wilson said the park district is presenting the recommended change on the aviation drones section of Ordinance 641 so the parameters are “cleaned up and in line” with revised state laws.
E-scooter use on park district property will be prohibited in amendment
As for e-scooters, the park district is planning to prohibit their use on park property at the advice of legal counsel to avoid liability concerns in the event of an injury.
“Currently, Ordinance 641 allows for e-scooters to be used and considered as a micromobility device,” Wilson said. “What we’re recommending is the definition of ‘micromobility devices’ is changed to remove electric scooters and that the section is updated to prohibit the use of e-scooters on park property.”
The reason behind the change is an effort to safeguard the park district against any potential liability in the future, which became more of a potential prospect after a technical change at the state level.
E-scooters, which users can ride at speeds of up to 20 miles per hour, are now defined as an actual vehicle under the Illinois Vehicle Code, which puts it in a different classification from other similar, contemporary modes of transportation, such as e-bikes.
If e-scooters are not entirely banned on park district property, the governing agency has to make assurances the entire park system is available for them to be used safely, which was at the heart of the liability concern.
“Recent legislation results in the park district being subject to lawsuits if an e-scooter user is injured while operating a device in an area not specifically authorized by the district,” Wilson explained in a memo to the park board.
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