5-1-9: OPERATION OF GOLF CARTS AND NON-HIGHWAY VEHICLES ON VILLAGE STREETS:
   A.   Definitions:
      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.
      HIGHWAY: The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel or located on public school property.
      NON-HIGHWAY VEHICLE: A motor vehicle not specifically designed to be used on a public street, including 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 (2) 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, sixty-four inches (64") or less in width, having a manufacturer's 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 lawn mowers.
      ROADWAY: That portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two (2) or more separate roadways, the term "roadway" as used herein shall refer to any such roadway separately but not to all such roadways collectively.
      STREET: The entire width between boundary lines of every way publicly maintained, when any part thereof is open to the use of the public for purposes of vehicular travel.
   B.   Authorization of Certain Non-Highway Vehicles:
      1.   Golf carts and recreational off highway vehicles in compliance with this chapter are hereby authorized to operate on Village streets.
      2.   All-terrain vehicles are prohibited from operation on Village streets, except as may be temporarily authorized as per subsections 5-1-7 of this code.
      3.   Off highway motorcycles are prohibited from operation on Village streets, except as may be temporarily authorized as per subsections 5-1-7 of this code.
      4.   The operation on Village streets of any non-highway or similar type vehicle not specifically addressed in this chapter, which is not designed or manufactured to be used on public streets, shall be prohibited and any such operation found to be in violation of state laws shall be punishable in accordance with applicable laws of the Illinois Vehicle Code.
   C.   Rules And Regulations: Those Golf carts and recreational off highway vehicles authorized under section 5-1-9B of this chapter may be operated on streets within the Village, but only in strict compliance with the following rules and regulations:
      1.   Any person who operates a Golf Cart and/or Recreational Off Highway Vehicle in the Village takes full responsibility for all liability associated with operating the non-highway vehicle.
      2.   Any person who operates a Golf Cart and/or Recreational Off Highway Vehicle must be at least sixteen (16) years of age and possess a valid driver's license.
      3.   Any person who operates a Golf Cart and/or Recreational Off Highway Vehicle must possess proof of liability insurance for personal injury and property damage with limits of liability not less than the minimum required by the state of Illinois for passenger vehicles pursuant to 625 Illinois Compiled Statutes 5/7-203. Evidence of insurance, in the form of an insurance card as prescribed in 625 Illinois Compiled Statutes 5/7-602 must be surrendered to any officer of the Village police department or any other law enforcement agency for inspection upon request. Any person who fails to comply with a request by a law enforcement officer for display of evidence of insurance as required under this code, and Section 7-602 of the Illinois Vehicle Code, shall be deemed to be operating an uninsured vehicle.
      4.   A Golf Cart and/or Recreational Off Highway Vehicle shall always have its headlight and taillamps lighted when operated on Village streets as required by 625 Illinois Compiled Statutes 5/12-201.
      5.   Golf Carts and/or Recreational Off Highway Vehicles may not be operated when visibility is impaired by weather, smoke, fog, or other conditions or at any time when there is insufficient light to clearly see persons and vehicles on the street at a distance of five hundred feet (500'). Village police officers shall have sole discretion in determining whether weather, smoke, fog, or insufficient lighting conditions exist.
      6.   Golf Carts and/or Recreational Off Highway Vehicles may not be operated on any streets or highways within the corporate limits of the Village which have a posted speed limit of more than thirty-five (35) miles per hour. This section does not prohibit Golf Cart and/or Recreational Off Highway Vehicle from crossing a street at the intersection where the street has a posted speed limit of more than thirty-five (35) miles per hour.
      7.   Golf Carts and/or Recreational Off Highway Vehicles may not be operated on Village streets at a speed greater than twenty-five (25) miles per hour.
      8.   Golf Carts and/or Recreational Off Highway Vehicles must be equipped with a horn, brakes, a steering apparatus, a rearview mirror, a headlight that emits a white light visible from a distance of five hundred feet (500') to the front in daylight, a tail lamp that emits a red light visible from at least one hundred feet (100') from the rear in daylight, brake lights, and turn signals.
      9.   Any person who operates or is in actual physical control of a Golf Carts or Non-highway vehicle within the Village must adhere to all applicable laws of the Illinois Vehicle Code.
      10.   Golf Cart and Non-highway vehicle drivers must yield the right of way to overtaking vehicles at all times.
      11.   The maximum occupancy of Golf Carts and Non-highway vehicles traveling on Village streets will be one person per bucket seat and not more than two (2) persons per bench seat, except in cases of a bona fide emergency.
      12.   All persons operating and riding in Golf Carts or Non-highway vehicles must be properly seated while the Golf Cart or Non-highway vehicle is in motion.
      13.   All persons operating and riding in Golf Carts and Non-highway vehicles not equipped with a full windshield shall be required to wear protective eyewear at all times while the Golf Cart Non-highway vehicle is in motion.
      14.   Golf Carts and Non-highway vehicles shall not park in handicapped parking spaces unless the driver or at least one passenger has a valid handicap parking permit issued by the Illinois Secretary of State.
      15.   Golf Carts and Non-highway vehicles may not be operated on sidewalks or other public or private property not accessible to or authorized to vehicular traffic, except in the case of a bona-fide emergency or as otherwise permitted in this code.
      16.    Non-highway vehicles require an operating speedometer installed on the vehicle.
   D.   Inspection and Non-Highway Vehicle License:
      1.   All Golf Carts and Non-highway vehicles operated on the streets must be inspected initially by the Chief of police of the Village or his/her designee. All persons operating Golf Carts and Non-highway vehicles on the streets shall submit to the Village Clerk or his/her designee a completed Golf Cart Permit Application, a copy of a valid driver's license, proof of insurance, and a signed Golf Cart Waiver of Liability for inspection, along with an application fee of thirty dollars ($30.00) payable to the Village; said fee may be increased (or decreased) over time as determined by the Village. All Golf Carts and Non-highway vehicles shall have at a minimum, the equipment required per subsection C of this chapter.
      2.   Golf Carts and Non-highway Vehicle License: All Golf Carts and Non-highway vehicles operated on the streets must display, in a manner as prescribed by the Chief of police of the Village, a valid Village Golf Cart and Non-highway vehicle license issued by the Chief of police of the Village or his/her designee after successfully passing inspection. The Golf Cart and Non-highway vehicle license shall be valid for a period of one calendar year from the date of issuance of a Golf Cart and Non-highway vehicle license. Golf Cart and Non-highway vehicle licenses shall not be transferable to any other person or Golf Cart and Non-highway vehicle.
      3.   Golf Carts and Non-Highway Vehicle License Annual Renewal: All Golf Carts and Non-highway vehicles operated on the streets will be required to submit to the Village Clerk or his/her designee a completed Golf Cart Permit Renewal Application, a copy of a valid driver's license, proof of insurance, and a signed Golf Cart Waiver of Liability for inspection as prescribed by the police department, along with an application fee of thirty dollars ($30.00) payable to the Village; said fee may be increased (or decreased) over time as determined by the Village. Renewal licenses shall be valid for a period of one calendar year from the date of issuance.
   E.   Temporary Special Event License: The Village or his/her designee is hereby authorized to issue temporary special event licenses for the use of Golf Carts and Non-highway vehicles on Village streets, for a period not to exceed seven (7) days, to persons participating in auctions, carnivals, car shows, swap meets, festivals or any other event similar in nature. Such temporary special event licenses shall only be issued after receipt of an application and payment of a five dollar ($5.00) per day fee, payable to the Village for each Golf Cart and Non-highway vehicle. All Golf Carts and Non-highway vehicles granted a temporary special event license shall be exempt from the minimum equipment requirements per subsection C of this chapter and shall be exempt from inspection as required per subsection D of this chapter. Golf Carts and Non-highway vehicles granted a temporary special event license shall display, in a manner as prescribed by the Village, said temporary special event license issued by the Village or his/her designee. Temporary special event Golf Carts and Non-highway vehicle licenses shall not be transferable to any other person or Golf Cart and Non-highway vehicle.
   F.   Exemptions:
      1.   Officers of the Village police department or other law enforcement agencies, firemen, emergency medical personnel, members of an emergency management and disaster agency, the county health department, the county animal control, or any other bona fide public safety agency, and the Village maintenance department shall be exempt from the provisions of this chapter while operating any Golf Cart and/or Recreational Off Highway Vehicle on Village streets in the performance of their official duties.
      2.   The operation of all-terrain vehicles on Village streets by persons participating in auctions, carnivals, car shows, swap meets or any other event similar in nature, shall only be permitted on a temporary basis, and only after being licensed per section D of this chapter.
      3.   The temporary operation of any Golf Cart and/or Recreational Off Highway Vehicle not otherwise authorized, properly equipped and licensed per this chapter, by persons participating in parades, is hereby authorized. Such operation shall be directly from the place of storage of said vehicle to the starting location of the parade, along the parade route while said parade is in motion, and directly from the ending location of the parade back to the place of storage of said vehicle.
   G.   Enforcement And Penalty:
      1.   Local Rules And Regulations: Any act constituting a violation of this chapter or failure to comply with any of its requirements is deemed a petty offense and shall be punishable in accordance with section 1-4-1 of this code, except;
         a.   A violation of section C3 shall be punishable by a fine of not less than two hundred dollars ($200.00).
         b.   A violation of section C7 shall be punishable by a fine of not less than one hundred dollars ($100.00).
         c.   A violation of section C8 shall be punishable by a fine of not less than sixty-five dollars ($65.00).
         d.   A violation of section C14 shall be punishable by a fine of not less than $250.00.
         e.   A violation of section D2 shall be punishable by a fine of fifty dollars ($50.00), and in addition the violator must comply with Section D of this code within ten (10) business days.
      2.   State Law: Any person operating or is in actual physical control of a Golf Cart and/or Recreational Off Highway Vehicle within the Village found to be in violation of state laws shall be punishable in accordance with applicable laws of the Illinois Vehicle Code, at the discretion of the Chief of police or his/her designee.
   H.   Suspension and Revocation of License:
      1.   Golf Cart and Non-highway Vehicle licenses may be suspended by the Village upon recommendation by the Chief of police of the Village or his/her designee after presentation of evidence in support of such suspension, for a time period of at least one month and not to exceed six (6) months. Suspended Golf Cart and Non-highway Vehicle licenses shall be surrendered to the Chief of police of the Village or his/her designee by the license holder immediately upon receipt of notice of suspension.
      2.   Persons having their Golf Cart and Non-highway Vehicle license suspended three (3) times within any two (2) year period may have their Golf Cart and Non-highway Vehicle license revoked by the Village upon recommendation of the Chief of police of the Village or his/her designee upon presentation of evidence in support of such revocation, for a time period of at least one year and not to exceed two (2) years. Revoked Golf Cart and Non-highway Vehicle licenses shall be surrendered to the Chief of police of the Village or his/her designee by the license holder immediately upon receipt of notice of revocation.
      3.   Persons having their Golf Cart and Non-highway Vehicle license suspended or revoked must submit a completed application for reinspection and reinstatement of their Golf Cart and/or Non-highway Vehicle along with a thirty dollar ($30.00) reinspection and reinstatement fee after conclusion of suspension or revocation period.
(Ord. 2017-09, 7-18-2017; amd. Ord. 2022-06, 7-12-2022; Ord. 2023-08, 8-8-2023)