§ 71.41 NON-HIGHWAY VEHICLES.
   (A)   Definitions. The following definitions shall apply to this section as defined unless context indicates or requires a different meaning.
      ALL-TERRAIN VEHICLE. Any motorized off-highway device designed to travel primarily off-highway, 50 inches or less in width, having a manufacturer’s dry weight of 1,500 pounds or less, traveling on three or more non-highway tires, designed with a seat or saddle for operator use, and handlebars or steering wheel for steering control, except equipment such as lawnmowers.
      CITY STREETS. Any streets within the boundaries of the city which are under the jurisdiction of the city and not under the jurisdiction of any other unit of government.
      GOLF CART. A vehicle specifically designed and intended for the purposes of transporting one or more persons and their golf clubs or maintenance equipment while engaged in the playing of golf, supervising the play of golf, or maintaining the condition of the grounds on a public or private golf course.
      NON-HIGHWAY VEHICLE. A motor vehicle not specifically designed to be used on a public highway and includes all-terrain vehicles, golf carts, off-highway motorcycles, and recreational off-highway vehicles.
      OFF-HIGHWAY MOTORCYCLE. Any motorized device designed to travel primarily off-highway on two wheels having a seat or saddle for the use of the operator, upon or by which any person, persons or property may be transported or drawn.
      RECREATIONAL OFF-HIGHWAY VEHICLE. Any motorized off-highway device designed to travel primarily off highway, 64 inches or less in width, having a manufacturer’s dry weight of 2,000 pounds or less, traveling on four or more non-highway tires, designed with a non-straddle seat and a steering wheel for steering control, except equipment such as lawnmowers.
   (B)   Requirements. The city does hereby specifically authorize the operation of golf carts and recreational off-highway vehicles on city streets within the city upon application and receipt of a permit from the city. The operation of any other non-highway vehicles on city streets within the city is prohibited. The operation of golf carts and recreational off-highway vehicles on city streets are subject to the following conditions and requirements:
      (1)   The golf cart or recreational off-highway vehicle must be inspected and certified with the city and a permit obtained pursuant to division (C);
      (2)   Upon inspection and certification with the city, the owner will receive a permit and decal for the golf cart or recreational off-highway vehicle. The decal must be placed on the rear of the golf cart or recreational off-highway vehicle while operated on any city streets.
      (3)   A person may not operate a golf cart or recreational off-highway vehicle upon any street, highway, or roadway unless he or she has a valid driver’s license issued in his or her name by the Secretary of State or by a foreign jurisdiction.
      (4)   The driver of the golf cart or recreational off-highway vehicle must be at least 18 years of age;
      (5)   Pursuant to the Illinois Vehicle Code (625 ILCS 5/11-1426.1(e)), golf carts or recreational off-highway vehicles operated on city streets must, at a minimum, have the following equipment;
         (a)   Brakes;
         (b)   A steering apparatus;
         (c)   Tires;
         (d)   A rearview mirror;
         (e)   Red reflectorized warning devices in the front and rear;
         (f)   A slow moving emblem on the rear of the golf cart or recreational off-highway vehicle (as required of other vehicles in Section 12-709 of the Illinois Vehicle Code);
         (g)   A headlight that emits a white light visible from a distance of 500 feet to the front;
         (h)   A tail lamp that emits a red light visible from at least 100 feet from the rear;
         (i)   Brake lights;
         (j)   Turn signals.
      (6)   Drivers of golf carts or recreational off-highway vehicles on city streets must obey all traffic laws of the State of Illinois and all ordinances of the city;
      (7)   When operating on a city street, a golf cart or recreational off-highway vehicle shall have its headlight and tail lamps lighted as required by Section 12-201 of the Illinois Vehicle Code (625 ILCS 5/12-201).
      (8)   Golf carts or recreational off-highway vehicles must be operated only on city streets where the posted speed limit is 35 miles per hour or less.
      (9)   Golf carts or recreational off-highway vehicles may not be operated on state highways or any other highway or roadway not under the jurisdiction of the city.
      (10)   Golf carts or recreational off-highway vehicles may only make a direct crossing of a highway under the jurisdiction of the state at an intersection controlled by a traffic light, at a four-way stop sign, or if the speed limit is 35 miles per hour or less at the place of crossing.
      (11)   A person who drives or is in actual physical control of a golf cart or recreational off-highway vehicle on a roadway while under the influence of alcohol is subject to Sections 11-500 through 11-502 of the Illinois Vehicle Code.
      (12)   Any person who operates a golf cart or recreational off-highway vehicle on a street, highway, or roadway shall be subject to the mandatory insurance requirements under Article VI of Chapter 7 of this Code.
      (13)   Golf carts or recreational off-highway vehicles shall not be operated on sidewalks.
      (14)   Operators of golf carts or recreational off-highway vehicles on city streets do so at their own risk and the city and its agents do not assume any liability as a result of the inspection of golf carts or recreational off-highway vehicles or by permitting their use on city streets.
   (C)   Permits. No person shall operate a golf cart or recreational off-highway vehicle on city streets without first obtaining a permit from the city authorizing the golf cart or recreational off-highway vehicle to be operated on city streets. Permits shall be granted for a period of one year, and shall be renewed annually. The cost of each permit is $35 annually.
      (1)   Application for a permit to operate a golf cart or recreational off-highway vehicle on city streets shall be made on a form supplied by the city and shall be made available at City Hall. The application shall contain the following:
         (a)   Name and address of the applicant;
         (b)   Name of liability insurance carrier;
         (c)   The serial number, make, model, and description of the golf cart or recreational off-highway vehicle ;
         (d)   Photocopy of applicable liability insurance coverage card specifically for the vehicle to be operated pursuant to the permit; and
         (e)   Such further information that may be requested by the city.
      (2)   No permit shall be granted unless the following conditions are met:
         (a)   The golf cart or recreational off-highway vehicle must be inspected by the city Chief of Police (or designee) in order to insure that the vehicle is in compliance with this section and with the State of Illinois Motor Vehicle Code;
         (b)   The applicant must provide evidence of insurance in compliance with the provisions of the Illinois Statutes regarding minimal liability insurance for passenger motor vehicles to be operated on the roadways in the State of Illinois.
         (c)   The city may suspend or revoke a permit granted hereunder upon a finding that the operator has violated any provision of this section or there is evidence that the operator cannot safely operate a golf cart or recreational off-highway vehicle on city streets.
   (D)   Violations. Any person who violates any provision of this section shall be guilty of a petty offense and shall be punished by a fine of $100, plus court costs and is subject to a revocation of the permit. To the extent that any violation of this section also constitutes a violation of a criminal statute of the state, the violator may also be subject to criminal prosecution.
(Ord. 15-09, passed 10-7-2015, Ord. 16-07, passed 6-17-2016)