For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   GOLF CART. A self-propelled electronically powered or self-propelled gasoline powered four-wheeled motor vehicle, with bench or bucket seats, which is not capable of attaining more than 25 mph, and is steered and maneuvered with a steering wheel.

   OPERATE. To ride in or on, other than as a passenger, use or control in any manner the operation of a golf cart.

   OPERATOR. A person who is at least 18 years of age, who has a valid Illinois driver’s license, who operates or is in physical control of a golf cart.

   ROHV. A recreational off-highway vehicle, as defined in 625 ILCS 5/1-168.8.

(Ord. 1042, passed 4-6-2017)

(A)   Except as provided in this subchapter, it shall be unlawful for any person to drive or operate a golf cart or an ROHV upon any street, road, alley, or highway within the village.

(B)   Golf carts and ROHVs may be operated by a person on streets, roads, and alleys within the village, if the operator complies with all of the following requirements and regulations:

(1)   The golf cart or ROHV must be equipped with the following in good working order and condition at all times: brakes; brake lights on rear of the vehicle; a steering wheel; a windshield; tires; a rearview mirror; seatbelts; horn; a “slow moving vehicle” emblem (as required of other vehicles in 625 ILCS 5/12-709) on the rear of the golf cart; a headlight that emits a white light visible from a distance of 500 feet to the front; a tail lamp that emits a red light visible from at least 100 feet from the rear; brake lights; front and rear turn signals; red reflector warning devices on the front and rear of the vehicle; and any additional requirements that may from time to time be required by the State Motor Vehicle Code;

(2)   When operated on a street, road, alley, or highway, the golf cart or ROHV shall, pursuant to 625 ILCS 5/12-201, have its headlight and taillamps lighted at all times when rain, snow, fog, or other atmospheric conditions require the use of windshield wipers, and at any other times when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the streets, roads, and alleys are not clearly discernible at a distance of 1,000 feet;

(3)   A golf cart or ROHV may only be operated from 6:00 a.m. until 10:00 p.m.;

(4)   The operator of a golf cart or ROHV must be at least 18 years of age and passengers must be at least eight years of age. The operator must possess a valid Illinois driver’s license and a valid permit to operate a golf cart or ROHV issued pursuant to § 71.03;

(5)   The operator of a golf cart or ROHV must operate the golf cart in compliance with all village ordinances and the provisions of the State Motor Vehicle Code (625 ILCS 5/1-101 et seq.) as amended from time to time;

(6)   A golf cart or ROHV may not be operated at a speed in excess of 25 mph;

(7)   A golf cart or ROHV may only be operated on streets where the posted speed limit is 35 mph or less;

(8)   A golf cart or ROHV may not be operated on sidewalks or other public property not accessible to or authorized for vehicular traffic;

(9)   A golf cart or ROHV may not be driven on a state highway; except a golf cart or ROHV may make a direct crossing over a state highway, municipal street, county highway, or road district highway if the operator makes a direct crossing provided: the crossing is made at an angle of approximately 90 degrees to the direction of the street, road, or highway and at a place where no obstruction prevents a quick and safe crossing; the golf cart or ROHV is brought to a complete stop before attempting a crossing; the operator yields the right-of-way to all pedestrian and vehicular traffic which constitutes a hazard; and when crossing a divided highway, the crossing is made only at an intersection of the highway with another public street, road, or highway.

(10)   No person shall operate nor shall any owner permit another person to operate a golf cart or ROHV on the roads, streets, highways, or alleys within the village unless the golf cart or ROHV is covered by a liability insurance policy in compliance with the state’s Safety and Family Financial Responsibility Law (625 ILCS 5/7-100 et seq.). An insurance card showing coverage shall be kept in the cart;

(11)   A person who operates or is in actual physical control of a golf cart or ROHV on a roadway while under the influence is subject to 625 ILCS 5/11-501 through 625 ILCS 5/11-502;

(12)   No other non-highway vehicles as defined in 625 ILCS 5/11-1426.1 shall be operated on any road, street, highway, or alley within the village; and

(13)   Each golf or ROHV cart may transport only as many individuals, eight years of age and older), as is the lesser of the number of seats or as its manufacturer designates. No individuals may ride on any other portion of the golf cart.

(Ord. 1042, passed 4-6-2017)  Penalty, see § 71.99

   (A)   Prior to being allowed to operate a golf cart or ROHV within the village, the proposed operator of a golf cart or ROHV must apply for a permit to operate the vehicle and pay an annual fee of  $100. In addition to the application fee, the applicant shall attach to his or her application (see § 71.08), proof of insurance as required by 625 ILCS 5/7-100 et seq. Further, as a condition for the insurance or reissuance of a permit, the applicant shall sign an unconditional and full general release of waiver of liability.

   (B)   Upon receipt of the completed application form, application materials and fee, the Chief of Police, or his or her designee, shall conduct an inspection of the golf cart or ROHV to ensure its compliance with this subchapter. If the applicant’s completed application and golf cart or ROHV meet the requirements of this subchapter, a permit to operate a golf cart or ROHV shall be issued.

   (C)   Permits shall be granted for a period of one year for the date designated on the permit. Permits shall expire on April 30 of each year. A permit issued under this subchapter shall be nonassignable or nontransferable.

(Ord. 1042, passed 4-6-2017)

   (A)   The permit issued pursuant to this subchapter may be revoked by the Chief of Police, or his or her designee, if: there is any material misrepresentation made by the applicant on the application; the required liability insurance is no longer in full force and effect; there is evidence that the permit holder can no longer safely operate the golf cart; or there has been a violation to this subchapter.

   (B)   The Chief of Police, or his or her designee, shall issue a notice of revocation of a permit in writing and either hand-deliver the notice to the permit holder, or send the notice by certified mail, return receipt requested, to the permit holder at the address on the application. The revocation of the permit shall be effective immediately after personal service, or on the third day after the postmark of the certified mail receipt. The permit holder shall not be entitled to any portion of the annual fee upon a revocation of the permit.

(Ord. 1042, passed 4-6-2017)

The village may erect appropriate street signs alerting the public that golf carts or ROHV may lawfully travel on the roads, streets, and alleys within the village.

(Ord. 1042, passed 4-6-2017)

No action by the village under this subchapter or 625 ILCS 5/11-1426.1 designates the operation of a golf cart as an intended and permitted use of property with respect to § 3-102 of the Local Governmental and Governmental Employees Tort Immunity Act. The village, in passing this subchapter, is not advocating or endorsing the use of golf carts or ROHV on village streets. Other means of travel may be safer than a golf cart or ROHV. All persons who operate golf carts or ROHVs within the village do so at their own risk and peril. In passing this subchapter, the village does not accept any level of liability for accidents, collisions, injuries, death, or destruction of property. In passing this subchapter, the village is merely regulating the use of golf carts or ROHVs on village streets, as invited by the law of the state, in an attempt to increase safety on village streets.

(Ord. 1042, passed 4-6-2017)

   (A)   (1)   In the event a court of competent jurisdiction declares any particular provision of this subchapter to be invalid or unenforceable, the remaining provisions of this subchapter shall be construed to be valid and enforceable.

      (2)   The invalidity of any part of this subchapter shall not affect any other part or parts thereof.

   (B)   The village is permitting the use of golf carts on village streets in limited circumstances and pursuant to current state law. Individuals should view the use of golf carts on village streets as a program which could be suspended, modified, or ended at any time and effective immediately upon a majority vote of the Board of Trustees amending this subchapter, upon a court ruling, or in the event of a change in the laws of the state or United States of America. Individuals should consider these factors when making the decision to purchase golf carts or make potentially expensive upgrades to golf carts.

(Ord. 1042, passed 4-6-2017)

(Ord. 1042, passed 4-6-2017)

Any person violating or aiding or abetting the violation of any provisions of §§ 71.01 through 71.08 is guilty of a petty offense and shall be fined not less than $100 but not more than $500 per occurrence. Any second or subsequent offense shall result in the revocation of the permit for a period of not less than one year. To the extent that any violation of §§ 71.01 through 71.08 also constitutes a violation of a criminal statute of the state, then the violator shall also be subject to criminal prosecution. Each day a person fails to comply with the provisions of §§ 71.01 through 71.08 constitutes a separate offense. The village shall be entitled to recover from the violator its reasonable attorney’s fees and court costs associated with the enforcement of §§ 71.01 through 71.08.

(Ord. 1042, passed 4-6-2017)