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(A) No person shall operate a qualified golf cart without first obtaining a permit from the Chief of Police as provided herein.
(1) Permits shall be granted for a period of one year.
(2) The permit is due by May 1 of each year. The cost of the permit is $25. There shall be no proration of the permit fee for a partial-year permit. Renewal permits done after May 1 will cost $35. Proof of liability insurance coverage is to be provided to the Police Department when obtaining and renewing a permit.
(3) Vehicle must be inspected and approved by the Chief of Police or designated person.
(B) Every application for a permit shall be made on a form supplied by the city and shall contain the following information:
(1) Name and address of applicant;
(2) Name of liability insurance carrier and policy number;
(3) The serial number, make, model and description of golf cart;
(4) Signed waiver of liability by applicant releasing the city and its employees, and agreeing to indemnify and hold the city harmless from any and all future claims resulting from the operation of their golf cart on the city streets. A copy is attached in Appendix A;
(5) Photocopy of applicable liability insurance coverage card specifically for the vehicle to be operated pursuant to the permit;
(6) Photocopy of valid drivers license; and
(7) Such other information as the city may require.
(C) No permit shall be granted unless the following conditions are met:
(1) The vehicle must be inspected by the Chief of Police or designated person to ensure that the vehicle is safe to operate on city streets and is in compliance with this chapter and with the State Motor Vehicle Code;
(2) A physically handicapped applicant must submit a certificate signed by a physician, certifying that the applicant is able to safely operate a qualified golf cart on city streets; and
(3) The applicant must provide evidence of insurance in compliance with the provisions of the state statutes regarding minimum liability insurance for passenger motor vehicles to be operated on the roads of the state.
(D) The city may suspend or revoke a permit granted hereunder upon a finding that the holder thereof has violated any provision of this chapter or there is evidence that permittee cannot safely operate a qualified golf cart on the designated roadways.
(Ord. 2009-3, passed 7-13-2009; Ord. 2022-5, passed 3-16-2022) Penalty, see §
76.99
(A) In the event that a court of competent jurisdiction declares any particular provision of this chapter to be invalid or unenforceable, the remaining provisions of this chapter shall be construed to be valid and enforceable. The invalidity of any part of this chapter shall not affect any other part or parts thereof.
(B) Any ordinance, or portion thereof, of the city which is contrary to this chapter shall be deemed to be repealed.
(Ord. 2009-3, passed 7-13-2009)
Any person who violates any provision of this chapter shall be guilty of a petty offense and shall be punished by a fine of $75. Any second or subsequent offense shall result in the revocation of the permit for a period of not less than one, nor more than three years. To the extent that any violation of this chapter also constitutes a violation of a criminal statute of the state, then the violator shall also be subject to criminal prosecution.
(Ord. 2009-3, passed 7-13-2009)
PERMIT NO.: _____________________
APPLICATION FOR GOLF CART PERMIT
CITY OF LACON
Applicant’s Name: ____________________________________________________________________
Applicant’s Address: __________________________________________________________________
Applicant’s Telephone No. Daytime ( )___________ Night time ( )____________
Applicant’s Driver License No.:_____________________ State: _____________
Applicant’s Insurance Information: ________________________________________________________
Make of golf cart (Mfg):_______________________________________________________________
Color of golf cart: ____________________ Model (Year): _________
Serial Number of golf cart: _____________________________________________________________
I have received, read and understand the “Golf Cart Ordinance.” I have paid the permit fee for the above golf cart. I also understand that the City of Lacon Police Department’s and/or City of Lacon interpretation of all the rules and regulations are final. I will insure that any assigned proof of compliance will remain attached to the golf cart at all times. I furthermore insure that I will obey all the rules and regulations set forth by the City of Lacon concerning the operation of a golf cart within the City limits.
_______________________________________ ___________________________
Applicant’s Signature Date
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FOR CITY USE ONLY
Approved by: ______________________________________________
Date: _______
UNCONDITIONAL AND FULL GENERAL RELEASE OF LIABILITY, WAIVER,
DISCHARGE AND COVENANT NOT TO SUE
DISCHARGE AND COVENANT NOT TO SUE
This is a legally binding UNCONDITIONAL AND FULL GENERAL RELEASE OF LIABILITY, WAIVER, DISCHARGE AND COVENANT NOT TO SUE made by me, _______________________
________________ (hereinafter referred to as Operator) to the City of Lacon (hereinafter referred to as City).
I FULLY RECOGNIZE THAT THERE ARE DANGERS AND RISKS TO WHICH I MAY BE EXPOSED BY OPERATING A GOLF CART ON CITY STREETS. THE FOLLOWING IS A DESCRIPTION AND/OR EXAMPLES OF SIGNIFICANT DANGERS AND RISKS ASSOCIATED WITH THIS ACTIVITY: INJURY TO MYSELF OR OTHERS, DAMAGE TO MY PROPERTY OR THAT OF OTHERS, DEATH OF MYSELF OR OTHERS.
IN NO EVENT SHALL THE CITY BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; WHETHER ARISING IN TORT, CONTRACT OR ANY OTHER LEGAL THEORY, IN CONNECTION WITH OR ARISING OUT OF OPERATOR’S USE OF A GOLF CART ON CITY STREETS.
THE OPERATOR, AS OF THE DATE BELOW, SHALL HEREINAFTER SAVE, HOLD HARMLESS AND INDEMNIFY THE CITY AGAINST ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, AND COSTS OF WHATSOEVER KIND AND NATURE INCLUDING, WITHOUT BEING LIMITED TO INJURY, DAMAGE, LOSS INCLUDING DEATH, RESULTING FROM, ARISING OUT OF, OR OCCURRING IN CONNECTION WITH MY USE OF THIS GOLF CART ON CITY STREETS.
I understand that the City has an Ordinance governing the use of qualified golf carts on City streets and hereby agree to conform with all requirements of the City Ordinance at all times. I have had the opportunity to read said Ordinance and my signature below acknowledges that I will comply with this Ordinance as well as all of the applicable traffic laws of the State of Illinois at all times when operating this golf cart on City Streets.
I, THEREFORE, AGREE TO ASSUME AND TAKE ON MYSELF ALL OF THE RISKS AND RESPONSIBILITIES IN ANYWAY ASSOCIATED WITH THIS ACTIVITY. IN CONSIDERATION OF AND RETURN FOR THE OPPORTUNITY TO OPERATE A GOLF CART ON CITY STREETS, I RELEASE THE CITY (AND THE CITY COUNCIL, EMPLOYEES, AND AGENTS) FROM ANY AND ALL LIABILITY, CLAIMS AND ACTIONS THAT MAY ARISE FROM INJURY OR HARM TO ME OR OTHERS, INCLUDING DEATH, OR FROM DAMAGE TO MY PROPERTY OR PROPERTY OF ANY OTHER IN CONNECTION WITH THIS ACTIVITY. I UNDERSTAND THAT THIS RELEASE ALSO COVERS LIABILITY, CLAIMS AND ACTIONS CAUSED ENTIRELY OR IN PART BY ANY ACTS OR FAILURES TO ACT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, MISTAKE OR FAILURE TO ENFORCE, SUPERVISE, OR MAINTAIN.
I assure the City that there are no health-related reasons or problems which preclude or restrict my participation in this activity. I further assure the City that I have adequate health and liability insurance necessary to provide for and pay any medical costs or property damage that may directly or indirectly result form my participation in this activity, and I will indemnify and hold the City harmless for any such medical costs or property damage.
I understand that this Release means I am giving up, among other things, rights to sue the City, its City Council, employees, and/or agents for injuries (including death), damages, or losses I may incur or cause. I also understand that this Release binds my heirs, executors, administrators, and assignee, as well as myself.
I HAVE READ THIS ENTIRE RELEASE, I FULLY UNDERSTAND IT, AND I AGREE TO BE LEGALLY BOUND BY IT.
WITNESS: ________________________________
________________________________________ _______________
Applicant’s Signature Date