(A) Definitions. As used in this subchapter:
COUNTY ROADS. As defined by applicable statue.
GOLF CART. A vehicle specifically designed and intended for the purpose of transporting one or more persons and their golf clubs or maintenance equipment, except those non-highway vehicles licensed by the Illinois Secretary of State.
NON-HIGHWAY VEHICLE. As defined in applicable statute.
STATE ROADS. As defined by applicable statue.
UTILITY-TERRAIN VEHICLE. A motorized off-highway vehicle designed to primarily travel off-highway, sixty- four (64) inches or less in width, having a manufacturers dry weight of two thousand (2,000) pounds or less, traveling on four (4) or more non-highway tires, designed with a non-straddle seat and a steering wheel for steering control, except equipment such as lawnmowers. Also referred to and defined as a recreational off-highway vehicle in 625 ILCS 5/1-168.8, and abbreviated as "UTV".
VILLAGE STREETS. Any of the streets within the boundaries of the Village of Rochester, Illinois, except for state and county roads.
(B) Required equipment.
(1) Horn;
(2) Brakes and brake lights;
(3) Turn signals;
(4) Steering wheel apparatus;
(5) Rearview mirror;
(6) Seatbelts;
(7) No modifications made to the golf cart or UTV suspension, unless approved upon inspection by the Village Police Department;
(8) Approved "Slow Moving Vehicle" emblem on the rear of the vehicle (625 ILCS 5/12-709);
(9) Headlight that emits a white light visible from a distance of five hundred (500) feet to the front which must be illuminated when in operation;
(10) Tail lamp that emits a red light visible from at least one hundred (100) feet from the rear which must be illuminated when in operation;
(11) Permit number attached to the middle of the "Slow Moving Vehicle" sign that is at least three inches (3") high; and
(12) Any additional requirements of the Illinois Motor Vehicle Code.
(C) Requirements.
(1) All golf carts and UTVs operated in the Village of Rochester must be equipped with all of the required equipment listed in division (B) of this section;
(2) Any person who operates a golf cart or UTV in the Village of Rochester takes full responsibility for all liability associated with operating the vehicles and possess proof of liability insurance, meeting Illinois statute requirements;
(3) Any person who operates a golf cart or UTV in the Village of Rochester must possess a valid unrestricted driver's license issued by the State of Illinois or any other state. No person whose driver's license is restricted by the Illinois Graduated Driver's License program or any other restricted driver's permit shall be authorized to operate a golf cart on village roads.
(4) Golf carts and UTVs may be operated on village streets which have a posted speed limit of thirty (30) miles per hour or less, but may never exceed twenty (20) miles per hour. Golf carts and UTVs may cross restricted streets at intersections.
(5) Golf carts and UTVs may not be operated on sidewalks or multi-use paths unless explicitly authorized by the village;
(6) Golf carts and UTVs are permitted to operate in village parks and public property only on roadways and parking areas, unless otherwise authorized;
(7) Golf carts and UTVs must yield the right-of-way to overtaking vehicles at all times;
(8) The maximum occupancy of golf carts and UTVs traveling on village streets will be one person per bucket seat or two people per bench seat;
(9) Child passengers must be secured in accordance with the Child Passenger Protection Act 625 ILCS 25/1;
(10) Golf carts and UTVs may only be operated on roadways per Illinois law;
(11) Golf carts and UTVs must obey all traffic laws of the State of Illinois and the Village of Rochester;
(12) Golf carts and UTVs are only allowed to park in handicapped parking spaces if the driver or at least one passenger has a valid handicap parking sticker;
(13) Golf carts and UTVs shall not be operated during inclement weather (rain, freezing rain, sleet, snow, etc) or when visibility is impaired by weather, smoke, fog, or other conditions; and
(14) A person who drives or is in actual physical control of the golf cart or UTV on a roadway while under the influence is subject to Section 11500 through 11-502 of the Illinois Compiled Statues (625 ILCS 5/11-500 through 5/11-502).
(D) Permits.
(1) All golf carts and UTVs operating on village streets must be inspected by the Chief of Police or his designee and must have a valid permit visibly displayed on the rear of the vehicle issued by the Rochester Police Department. The Rochester Police Department will inspect golf carts and UTVs on Saturdays in the month of April from 9:00 am to 12:00 pm. Operators will be allowed a onetime "free pass" to drive their golf cart or UTV to the Rochester Police Department on inspection days. In the event of inclement weather on scheduled inspection days, alternate inspection days may be scheduled at the discretion of the Chief of Police. Operators will be provided a copy of the Golf Cart and UTV Ordinance and must sign a receipt to acknowledge understanding of the ordinance prior to a permit being issued. The receipts shall be kept on file with the Rochester Police Department;
(2) Permits shall be granted for a period of one year from May 1 to April 30 and may be renewed annually;
(3) The cost of the permit is $75 for operators age 65 and older and $100 for all other;
(4) Operators must have adequate insurance coverage for operation of the golf cart or UTV. Insurance coverage will be verified when a permit is issued and when renewing the permit;
(5) 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 or UTV on village streets;
(6) Every application for a permit shall be made on a form supplied by the village and shall contain the following information:
(a) Name and address of applicant;
(b) Driver's license number of applicant;
(c) Name of liability insurance carrier;
(d) Serial number, make, model and description of the vehicle;
(e) Photocopy of applicable liability insurance coverage and specifically for the golf cart or UTV to be operated on village streets;
(f) Signed general release of liability, waiver, discharge and covenant not to sue by applicant releasing the Village of Rochester, County of Sangamon and all other governmental entities which have approved the operation of golf carts and/or UTVs and neighborhood vehicles on their roadways of and from all liability for direct, indirect, special, incidental or consequential damages, whether arising in court, contract or any other legal theories, in connection with or arising out of the operator's use of a golf cart or UTV and in addition, the operator shall save, hold harmless and indemnify such governmental entities 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 the use of a golf cart or UTV pursuant to this subchapter, or any other ordinance of the Village of Rochester; and
(g) Such other information as the village may require.
(7) Failure to comply with any of the permitting provisions set forth herein or failure to timely pay for a permit shall subject the individual to loss of a permit for the period of one year.
(E) Enforcement.
(1) Any violation of this subchapter shall be punishable by a fine of not less than $150 nor more than $750 for each violation;
(2) A second violation of this subchapter shall, in addition to being subject to fine, be grounds for the revocation of the vehicle's permit for a period up to one year;
(3) Upon investigation by and the recommendation of the Chief of Police, the Village Board may suspend or revoke a permit granted hereunder, upon a finding that there is evidence that permitted operator cannot safely operate the golf cart;
(4) The Board of Trustees of the Village of Rochester reserves the right to amend or repeal this subchapter at any time and if such amendment or repeal affects the rights of permit holders, all permit holders will be notified thereof by the village by certified mail; and
(5) No person receiving a permit pursuant to the terms of this subchapter shall have any legal right to the continuation of said subchapter regardless of the cost of rendering a golf cart or UTV in compliance with this subchapter for the purpose of its operation in the Village of Rochester pursuant to this subchapter.
(Ord. 23-18, passed 7-10-2023)