A. Definitions: For the purposes of this section,
NON-HIGHWAY VEHICLE means a motor vehicle not specifically designed to be used on a public highway, including:
GOLF CART: As defined in 625 ILCS 5/123.9.
RECREATIONAL OFF-HIGHWAY VEHICLE: As defined in 625 ILCS 5/1-168.8.
B. Operation: No person shall operate a non-highway vehicle on a City street except as set forth in this section.
C. Registration: Each non-highway vehicle operating on a City street shall be registered with the City and display a City registration stickers and plate. This registration shall be valid from April 1 through November 1 of the year it was issued. Registrations shall not be transferable in the event of a change in ownership of the non-highway vehicle. Prior to issuance of a registration by the City, a non-highway vehicle must comply with the requirements set forth below.
1. An initial safety inspection shall be conducted by the Police Department or a designee authorized by the Chief of Police. Vehicles being renewed by the same owner are not required to be inspected in following years.
2. A non-highway vehicle must have, at minimum, the following operating equipment:
a. Brakes;
b. A steering apparatus;
c. Tires;
d. A rearview mirror;
e. Red reflectorized warning devices in the front and rear;
f. Seatbelts;
g. A slow moving emblem (as required of other vehicles in 625 ILCS 5/12-709) on the rear of the non-highway vehicle;
h. A headlight that emits a white light visible from a distance of five hundred feet (500') to the front and a tail lamp that emits a red light visible from at least one hundred feet (100') from the rear;
i. Brake lights; and
j. Turn signals.
3. A non-highway vehicle shall not have a modified exhaust system which will amplify or increase the noise of the non-highway vehicle above that emitted by the muffler originally installed on the non-highway vehicle.
4. Proof of valid insurance, as identified in 625 ILCS 5/7-601 et seq., must be provided for the non-highway vehicle and the registrant must agree to insure the non-highway vehicle while in use on City streets.
5. The registrant must agree and sign an indemnification form, releasing the City, its elected officials and its employees from liability and indemnifying and holding them harmless from any and all claims resulting from the operation of the non-highway vehicle.
6. A fee of one hundred dollars ($100.00) shall be paid for the initial annual safety inspection of each non-highway vehicle. A fee of fifty dollars ($50.00) for renewing the same non-highway vehicle under the same ownership each year thereafter shall be paid.
D. Location: No person shall operate a non-highway vehicle except on a City street as permitted in this section and no person shall operate a non-highway vehicle on the streets and locations specifically prohibited in this section. The City approved interactive GIS Golf Cart / UTV Map can be found on the City’s website (www.cityofmchenry.org) which identifies the prohibited streets and locations along with permitted intersection crossings.
1. Permitted Streets: The operation of a non-highway vehicle shall be permitted on all City owned streets with a posted speed limit of twenty five (25) mph or less. In addition, the operation of a non-highway vehicle shall be permitted on the following streets at the specified locations:
a. McCullom Lake Road from Blake Boulevard to Olde Mill Lane;
b. McCullom Lake Road between Pine Street and Kennedy Drive;
c. Crystal Lake Road between Front Royal and Lillian Street;
d. Cunat Drive between Bull Valley Road and Crystal Lake Road; and
e. Municipal Drive.
2. Prohibited Streets And Locations: The operation of a non-highway vehicle at the following locations is strictly prohibited:
a. Green Street between John Street and Pearl Street;
b. Main Street between Front Street and Crystal Lake Road;
c. Pearl Street between Green Street and Richmond Road;
d. Pearl Street between Park Street and Lincoln Road (including Pearl Street Bridge);
e. Riverside Drive between Miller Riverfront Park and Broad Street;
f. Waukegan Road east between Green Street and the end of the property located at 1110 N. Green Street;
g. All City-owned municipal parking lots within the Downtown Business District;
h. All City-owned parks, sidewalks, walking paths and bicycle paths;
i. All County roads;
j. All Township roads; and
k. All State highways.
3. Designated Approved Intersections: It shall be unlawful for a non-highway vehicle to cross a prohibited street unless done so at one of the following authorized intersection crossings:
a. Curran Road and Dartmoor Drive;
b. Front Royal Road and Crystal Lake Road;
c. Lillian Street and Crystal Lake Road;
d. Winding Creek Drive and Crystal Lake Road;
e. Dartmoor Drive and Crystal Lake Road;
f. Meadow Avenue and Elm Street (IL Route 120);
g. Lillian Street and Front Street (IL Route 31);
h. Biscayne Road and Barreville Road; and
i. McCullom Lake and Riverside Drive.
E. Time: A person may operate a non-highway vehicle on permitted streets from April 1 through November 1 each year from six o'clock (6:00) A.M. to nine thirty o'clock (9:30) P.M. The use of non-highway vehicles on City streets between November 2 and March 31 and afterhours is prohibited.
F. Operation Regulations: The operation of a non-highway vehicle is subject to the following requirements:
1. Ability to travel at a speed of nineteen (19) miles per hour;
2. a. Display of registration decals and rear registration plate;
b. Non-highway vehicles registered with the City are issued two registration decals. The decals must be displayed on both sides of the machine by its own adhesive, in a position which is forward of the operator and visible to law enforcement. Operators should carry all necessary registration cards and paperwork with them for display to a law enforcement officer upon request.
c. In addition, all non-highway vehicles registered as public use will be required to furnish a rear plate that displays the registration number. Plates can be created or purchased at owner’s expense.
d. Plate Specifications:
(1) The plate must be a minimum of four inches (4") in height and seven and one-half (7-1/2") wide and made of white material.
(2) The registration number must be made of black lettering a minimum of one and one-half inches (1-1/2") high with a minimum three sixteenths inches (3/16") stroke.
(3) Only the four registration numbers and two letters need to be on the plate. The registration number can be found on both the decals issued by the City.
(4) The owner must maintain the plate so it is in legible condition; and the plate shall be attached to the rear of the vehicle.
3. Valid driver’s license by the operator of the non-highway vehicle issued in his or her name by the Illinois Secretary of State or by a foreign jurisdiction;
4. The operator shall yield the right of way to all pedestrian and vehicular traffic which constitutes a hazard;
5. Compliance with the provisions of the Illinois Vehicle Code (625 ILCS 5/1-100 et seq., as amended) to include all speed limits and rules of the road;
6. No operation shall occur when visibility is impaired by weather, smoke, or other conditions or at any time when there is insufficient light to clearly see persons and vehicles on the roadway at a distance of five hundred (500) feet;
7. The number of occupants shall not exceed the number of seatbelts in the non-highway vehicle; and
8. Headlight and tail lamps must be lighted at all times when operating on City streets.
G. Driving Under The Influence: A person who operates or is in actual physical control of a non-highway vehicle while under the influence of alcohol, drugs or a combination thereof shall be subject to enforcement through the Illinois Vehicle Code.
H. Violation; Penalty:
1. Any person, corporation, firm, or partnership found guilty of violating any provision of this chapter shall be fined according to the Fines and Penalties found in Title 15, Chapter 1: Fines and Penalties, and be responsible for the City's cost of prosecution, including reasonable attorney fees. Each day that a violation continues shall be considered a separate offense.
2. Any person who is cited for a violation of the Illinois Criminal Code or Illinois Vehicle Code while using their non-highway vehicle in the City, including no valid license, suspended/revoked license, reckless driving and driving under the influence which results in arrest shall result in an automatic temporary suspension of any City registrations and, upon a finding of guilty of a violation, shall result in an automatic revocation of any City registration.
3. Any person who has been issued two (2) or more citations for violations of this section within a twelve (12) month period shall result in an automatic temporary suspension of any City registrations, and, upon a finding of guilty of a violation, shall result in an automatic revocation of any City registrations for a minimum of twelve (12) months.
(Ord. 20-10, 3-2-2020; amd. Ord. 21-8, 2-16-2021; Ord. 21-20, 4-19-2021; Ord. 22-40, 6-20-2022; Ord. 23-29, 6-5-2023)