It shall be unlawful for any person to operate a neighborhood fuel powered and electric vehicle on any street or roadway within the city, except as expressly authorized in this section:
A. "Neighborhood fuel powered and electric vehicle (NV)" means a self-propelled, fuel and/or electronically powered four (4) wheeled vehicle that is capable of attaining in one mile, a speed of at least twenty (20) miles per hour, but not more than twenty five (25) miles per hour, which meets the minimum equipment standards as are hereinafter provided, and which conforms to the federal regulations under title 49 CFR part 571.500.
B. An NV, after first being registered with the city as hereinafter provided, may be operated only on streets within the city where the posted speed is thirty five (35) miles per hour or less; however, an NV may cross a street at an intersection where the street has a posted speed limit of more than thirty five (35) miles per hour. Notwithstanding, an NV may only cross a highway under the jurisdiction of the state of Illinois if such intersection is controlled by a traffic light or four-way stop sign and such highway, at the point of crossing, has a speed limitation of thirty five (35) miles per hour or less.
C. An NV shall meet the following minimum equipment standards: brakes, a steering apparatus, tires, a rearview mirror, front and rear red reflector warning devices, a slow moving emblem on the rear of the NV (as required of other vehicles in section 12-709 of the Illinois vehicle code), a headlight that emits a white light visible from a distance of five hundred feet (500') to the front of the NV, a taillamp that emits a red light visible from at least one hundred feet (100') from the rear of the NV, brake lights and turn signals.
D. An NV shall be insured pursuant to 625 Illinois Compiled Statutes 5/7-601 et seq., which mandates that vehicles operated on public roads be covered by a liability insurance policy.
E. Further, an NV shall have a windshield of AS-1 or AS-5 composition, that conforms to the American National Standards Institute's "safety code for safety glazing materials for glazing motor vehicles operating on land highways", Z-26.1-1977, January 28, 1977, as supplemented by Z-26.1a, July 3, 1980. Additionally, an NV shall have a VIN that conforms to the requirements of part 565, vehicle identification number, of chapter V, title 49 of the CFR. An NV must also be equipped with a type 1 or type 2 seat belt assembly conforming to section 571.209 of the federal motor vehicle safety standard 209, seat belt assemblies, installed at each designated seating position.
F. When in operation on a street or roadway, an NV shall have its headlight and taillamps lighted as required in section 12-201 of the Illinois vehicle code.
G. Any person who drives or is in actual physical control of a neighborhood vehicle on a street or roadway while under the influence of any intoxicating substance is subject to sections 11-500 through 11-502 of the Illinois vehicle code.
H. Any person who intends to operate an NV within the city shall register the NV with and obtain from the city clerk of the city of Barry or her designee an annual NV permit, which shall be valid for twelve (12) months from date of issuance. The annual permit fee for the NV shall be seventy five dollars ($75.00). The permit shall be visibly displayed on the rear of the vehicle. Prior to issuance of such NV permit, the chief of police or his designee shall determine whether the NV meets the minimum equipment standards as set forth hereinabove.
I. Any and all operators of an NV must comply with all requirements of the Illinois vehicle code.
J. Nothing in this section shall be construed to permit the operation of an NV by persons other than fully licensed operators or upon any street or public way or surface other than as expressly permitted herein. (Ord. 2009-5, 5-4-2009)