A. Definitions: As used in this section, the term "neighborhood vehicle" shall have the definition as currently set forth in section 11-1426.1 of the Illinois vehicle code, 625 Illinois Compiled Statutes 5/11-1426.1 and shall be equipped with all safety systems and equipment as required by said statute. Additionally, the term "golf cart" shall have the definition as currently set forth in section 11-1426.1 and 1-123.9 of the Illinois vehicle code, 625 Illinois Compiled Statutes 5/11-1426.1 and 5/1-123.9. Further, the term "low speed vehicle" shall have the definition as currently set forth in section 1-140.7 of the Illinois vehicle code, 625 Illinois Compiled Statutes 5/1-140.7, and shall be equipped with all safety systems and equipment as required by said statute. To be operated on a roadway, neighborhood vehicles, golf carts, and low speed vehicles must have at a minimum brakes, a steering apparatus, tires, a rearview mirror, red reflectorized warning devices in the front and rear, a slow moving emblem on the rear of the golf cart, a headlight that emits a white light visible from a distance of five hundred feet (500') to the front, a taillamp that emits a red light visible at least one hundred feet (100') from the rear, brake lights, turn signals, a windshield and any and all other safety equipment required to be installed and operational on such vehicles as set forth in section 11-1426.1 cited above. "All-terrain vehicles" (ATVs) as defined in the Illinois vehicle code are not authorized on city streets and alleys.
B. Operation: Subject to the requirements of sections 11-1426.1 of the Illinois vehicle code, 625 Illinois Compiled Statutes 5/11-1426.1 and section 1-140.7 of the Illinois vehicle code, 625 Illinois Compiled Statutes 5/1-140.7, which are hereby adopted by the city, and to the provisions of this section, drivers sixteen (16) years of age or older and properly licensed to operate motor vehicles on the roadways of the city shall be authorized to operate neighborhood vehicles, golf carts, and low speed vehicles on the roadways of the city having a posted speed limit of thirty (30) miles per hour or less for neighborhood vehicles and golf carts, and twenty five (25) miles per hour or less for low speed vehicles. A neighborhood vehicle, low speed vehicle or golf cart meeting the definition under said section 11-1426.1 and section 1-140.7 shall be permitted to cross a state highway only at an intersection controlled by a traffic light or a four-way stop sign and where the state highway has a speed limit of thirty-five (35) miles per hour or less at the place of crossing. Such vehicles shall not be allowed on city sidewalks.
C. Annual Registration: No neighborhood vehicle, low speed vehicle or golf cart shall be operated on any street or alley of the city unless the owner(s) thereof shall have first registered such vehicle with the city in accordance with the following:
1. Registration of neighborhood vehicles, low speed vehicles and golf carts shall be administered by the chief of police, and his designees, and applications for registration shall be made on a form prescribed by the city, said form to include a statement under oath or penalties of perjury that the neighborhood vehicle, low speed vehicle or golf cart proposed to be registered meets the definition under this section and shall be accompanied by an annual registration fee of thirty five dollars ($35.00) and proof of liability insurance for said vehicles having at least the same limits as required from time to time for motor vehicles under the mandatory insurance law of the state of Illinois.
2. Registered neighborhood vehicles and golf carts shall be issued a registration sticker which shall be affixed to the driver's side of the vehicle below the seat by an authorized agent of the City of Chenoa. Once the sticker is issued by the city, the application of said registration sticker shall be done by a city employee at City Hall and will be done so in a manner that allows the sticker to be easily seen by code enforcement officials.
3. Registrations shall be effective from the date issued and will expire on April 30 of either the current year, if issued between January 1 and April 30, or the following year if issued between May 1 and December 31. All registration fees will be prorated in the amount of three dollars ($3.00) per month without regard to when during the month such registration is tendered and shall be renewed annually in the same manner as the original registration as set forth in this subsection (C). On May 1, all current registration holders will be required to pay the annual registration fee as set forth in subsection (C)1.
4. Registrations shall not be transferable in the event of change of ownership.
5. Registrations shall be subject to revocation by the chief of police in the event of a violation of the requirements of section 11-1426.1 of the Illinois vehicle code, 625 Illinois Compiled Statutes 5/11-1426.1, or any of the provisions of this section. A revocation shall be made in writing and shall set forth the provision(s) of statute or ordinance found to be violated. Revocations may be appealed in writing to the city council fourteen (14) days from the issuance of the revocation, and if appealed the city council shall hold a public hearing at which the affected owner may appear, present witnesses and evidence, and be represented by an attorney. The city council shall uphold the revocation if it determines by a preponderance of the evidence presented at the hearing that the violation which was the basis for the revocation occurred. During the appeal process, the revocation shall remain in full force and effect.
6. In the event a registration is revoked due to a failure to maintain the required liability insurance or a failure to maintain the condition of the neighborhood vehicle, low speed vehicle or golf cart in compliance with this section, including, but not limited to, maintaining the required safety systems, the chief of police, in his discretion, may reinstate the registration upon documentation of reinstatement of the required insurance or of the repair or modification of the neighborhood vehicle, low speed vehicle or golf cart necessary to cure any deficiencies, as applicable, if the chief of police determines that the violation was not intentional and is not likely to recur.
D. Inspection: Neighborhood vehicles, low speed vehicles and golf carts registered, or proposed to be registered, pursuant to this section shall be subject to inspection by the chief of police, or his designees, at any time to determine that said vehicle meets, and continues to meet, the definition thereof as set forth in this section, particularly the provisions for maintenance in operating condition of required safety systems and equipment.
E. Mandatory Insurance: The owner of any neighborhood vehicle, low speed vehicle or golf cart registered under this section shall continuously maintain liability insurance for said vehicle having at least the same limits as required from time to time for motor vehicles under the mandatory insurance law of the state of Illinois.
F. Operation Limited To Licensed Drivers: No person under the age of sixteen (16) years or who is not properly licensed to operate motor vehicles on the roadways of the City shall operate a neighborhood vehicle, low speed vehicle or golf cart within the City, and the provisions of section 6-107 of the Illinois Vehicle Code, 625 Illinois Compiled Statutes 5/6-107 providing for graduated licenses for young drivers shall be fully applicable to the operation of such vehicles, particularly those provisions under 6-107(h) relating to passenger occupancy restrictions.
G. Other Laws, Regulation And Ordinances: Neighborhood vehicles, low speed vehicles and golf carts shall be operated at all times in accordance with the provisions of the Illinois vehicle code, the rules of the road contained therein, and any other laws, regulations or ordinances governing the operation of motor vehicles in the city, as well as any laws, regulations or ordinances specifically pertaining to neighborhood vehicles, low speed vehicles or golf carts and the operation thereof.
H. Use Under The Influence Of Alcohol: A person shall not drive or be in actual physical control of a neighborhood vehicle, low speed vehicle or golf cart within the city limits of the city of Chenoa while the alcohol concentration in the person's blood or breath is 0.02 or more based on the definition of blood and breath units as set forth in the Illinois vehicle code. Violations of the provisions of this section shall be cause for the city to revoke the permit of the authorized user thereof.
I. Convictions: Two (2) convictions of any authorized user herein of a neighborhood vehicle, low speed vehicle or golf cart of a moving violation concerning any such vehicles shall cause the registration herein to be permanently terminated.
J. Operating a neighborhood vehicle, low speed vehicle or golf cart without the proper registration and affixed sticker as set forth in this section shall result in a fine of fifty dollars ($50.00). Such fine will be forfeited by the city only if the owner of the vehicle properly registers the vehicle or golf cart with the city within twenty one (21) days of receiving a citation. Violations of all other provisions of this section involving both convictions and violations shall remain in full force and effect including revocation and permanent termination of registration. The provisions hereof for prosecuting violations of this section are not intended to supersede the Illinois vehicle code, or in any way impair prosecution of violations of the Illinois vehicle code involving the operation of neighborhood vehicles, low speed vehicles or golf carts. (Ord. 644, 11-12-2013; amd. Ord. 792, 7-14-2020; Ord. 815, 4-27-2021)