Ordinance 2020-09 Golfcarts

ORDINANCE NO. 2020-09

BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF GLASFORD, ILLINOIS, A MUNICIPAL CORPORATION, AS FOLLOWS:

WHEREAS, The Board of Trustees declare and determine that it is in the best interest of the Village of Glasford that golf carts and utility terrain vehicles have limited use on Village streets within the Village of Glasford.

BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF GLASFORD, PEORIA COUNTY, ILLINOIS, AS FOLLOWS,

SECTION ONE

Traffic Laws Applicable to Operation of Golf Carts and Utility Terrain Vehicles.

Any person who operates a golf cart and utility terrain vehicle on the streets in the Village of Glasford shall be subject to all of the duties applicable to the driver of a motor vehicle by this traffic code, as well as all other state traffic laws, and must adhere to all applicable laws concerning possession and use of alcoholic beverages and all other illegal drugs.

The operation of golf carts and utility terrain vehicles shall be permitted on streets under the jurisdiction of the Village of Glasford and/or within its corporate boundaries as set forth in this article. Golf carts and utility terrain vehicles shall be permitted to make direct crossings only at an intersection upon any highway under the jurisdiction of the State of Illinois as set forth in Section 11-1426.1 of the Illinois Vehicle Code (625 ILCS 5/11-1426.1) or pursuant to the following restrictions:

1. A person may make a direct crossing at an intersection controlled by a traffic light or a 4-way stop sign upon or across the any highway under the jurisdiction of the State of Illinois or the County of Peoria if the speed limit on the highway at the point of crossing is 35 mph or less No person shall otherwise make a direct crossing upon or across any highway under the jurisdiction of the State of Illinois.

2. The golf cart and utility terrain vehicle is brought to a complete stop before attempting a crossing.

3. The operator of the golf cart and utility terrain vehicle yields to the right of way to all pedestrian and vehicular traffic which constitutes a hazard.

4. Other owned streets may be crossed only at a 90 degree angle to the direction of the street.

SECTION TWO.

Definitions.

"Golf Cart" shall have the meaning defined in 625 ILCS 5/1-123.9, namely, 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; provided, however, that the term shall not include all-terrain vehicles (ATV); mopeds; snowmobiles; riding lawn mowers or any low-speed vehicle as defined in 625 ILCS 5/1-140.7; a low-speed electric bicycle as defined in 625 ILCS 5/1140.10; or a low-speed gas bicycle as defined in 625 ILCS 5/1-140.15.

“Utility Terrain Vehicle (UTV)” shall include 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 no highway tires, designed with a non-straddle seat and a steering wheel for steering control, except equipment such as lawn mowers defined by 625 Illinois Complied Statutes 5/1-168.8 and 5/11-1426.1 (a)(4) of the Illinois vehicle code and go-carts. All-terrain vehicles (ATV) as defined in the Illinois vehicle code, go-carts, and all other vehicles that do not meet the requirements set forth in this chapter are not authorized on roadways of the Village of Glasford.

"Village Streets" shall mean any of the streets within the boundaries of the Village of Glasford, Illinois, except for state, county or township roads.

SECTION THREE.

Rules and Regulations.

Golf Carts and utility terrain vehicles may be operated on Village Streets, state roads or county roads as provided herein. Except that it shall be unlawful for any person to drive or operate a golf cart or utility terrain vehicle upon Glasford Road or on Main Street between Glasford Road and Hanna City/Glasford Road or upon those Village Streets, state roads county or township roads so designated by appropriate signs posted within the Village. Golf Carts and utility terrain vehicles shall not be operated when visibility is impaired by weather, smoke, fog, or other conditions where there is limited visibility.

A. A person operating a golf cart or utility terrain vehicle on Village City Streets, state roads county or township roads must comply with the following requirements:

B. A person who operates a golf cart or utility terrain vehicle must meet the mandatory insurance requirements specified by the Illinois Motor Vehicle Code.

C. A person who operates a golf cart or utility terrain vehicle or is in actual physical control of a golf cart and utility terrain vehicles while under the influence of alcohol, drugs or intoxicating compounds is subject to 625 ILCS 5/11-501 through 625 ILCS 5/11-502.

E. A person shall not operate a golf cart or utility terrain vehicle in excess of 25 miles per hour.

F. A person shall not operate a golf cart and utility terrain vehicle without a lighted headlight and tail lamps as required by 625 ILCS 5/12-201.

G. A person shall not operate a golf cart or utility terrain vehicle on sidewalks or walking/biking paths, in Village parks or other public places, other than designated parking areas.

H. A person shall not operate a golf cart or utility terrain vehicle unless all occupants are properly restrained with seatbelts and shall not carry passengers exceeding the vehicle’s maximum occupancy.

SECTION FOUR.

Equipment Requirements.

All golf carts or utility terrain vehicles operated on Village Streets, must be inspected as provided herein and shall be equipped with the following: brakes, a steering apparatus, tires, a rearview mirror, red reflectorized warning devices in front and rear, a slow moving emblem on the rear of the golf cart or utility terrain vehicles (as required of other vehicles by 625 ILCS 5/12-709), 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, turn signals and seat belts for all occupants. No unsafe modifications shall be made to a golf carts or utility terrain vehicles.

SECTION FIVE.

Permit Requirements.

Any person, who operates a golf cart or utility terrain vehicles on Village Streets, must obtain a permit from the Glasford Police Department as provided herein. The applicant must first obtain a written inspection report from the Glasford Police Department indicating compliance with the provisions of Section Four herein. The Glasford Police Department will deliver the inspection report to the Village Clerk. No person shall operate a golf cart or utility terrain vehicles within the Village without first obtaining a permit or being listed as an additional operator under a permit, as provided herein. Permits shall expire on April 30th of each year. The cost of the permit shall be set as an annual fee of $25.00 for a golf cart permit and/or $100 for a utility terrain vehicle fee. Applications for a permit shall be made on a form supplied by the Village, shall be executed by the applicant and each additional operator, and shall contain the following:

The Glasford Police Department may suspend or revoke a permit granted hereunder upon a finding that the holder thereof has violated any of the provisions of this Article or there is evidence that the holder thereof cannot safely operate a golf cart or utility terrain vehicle on the designated roadways.

SECTION SIX.

Enforcement.

A. Any violation of any of the provisions of this Article shall be punishable by a fine of not less than $200.00 and not more than $750.00. Any conviction of a second offense within 12 months shall be punishable by a fine of $750.

B. A second violation of any of the provisions of this Article, in addition to any fine imposed, shall be grounds for the revocation of any permit issued for a period of up to one (1) year.

C. Any person having been issued a citation or notice for violation of any provision of this Ordinance may settle the violation citation or notice by paying a settlement amount of $200 for a first violation or $750 for a second or other further violation. Said amount must be receive within two (2) days prior to the required court date in the circuit Court of Peoria County as set out in the citation or notice of violation of any provisions of this Ordinance. Payment shall be made to the Village Clerk, Village of Glasford, 305 S. Oak Street, Glasford, Illinois 61533. Upon the failure of a recipient of a citation or notice of violation of this Ordinance to timely pay the pre-hearing settlement amount, the recipient shall then be required to appear in the Circuit Court of Peoria County, Illinois, Peoria, Illinois, at the time, date and place set forth in the citation or notice of violation. If the recipient shall fail to appear at the time and place so noticed, a Judgment of Guilty and fine and costs shall be entered against the recipient who fails to appear, pursuant to the provisions of this Section.

D. The Village reserves the right to amend or repeal this Article at any time, and is such amendment or repeal affects the right of a permit holder, shall notify said permit holder by certified mail.

E. No person receiving a permit pursuant to the terms of this Section shall have any right to the continuation of said Section, regardless of the costs of rendering a golf cart or utility terrain vehicles in compliance with the requirements as set forth in this Article for the purpose of its operation on Village Streets.

F. Village of Glasford shall not under any circumstances be liable for any expense incurred by an applicant or permit holder for the costs of rendering a golf cart or utility terrain vehicles in compliance with the requirements as set forth in this Article for the purpose of its operation of Village Streets.

H. A person shall not operate a golf cart or utility terrain vehicle unless all occupants are properly restrained with seatbelts and shall not carry passengers exceeding the vehicle’s maximum occupancy.

THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE APPROVAL AND PUBLICATION IN PAMPHLET FORM AS PROVIDED BY LAW.

PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF GLASFORD, ILLINOIS THIS _17TH___ DAY OF DECEMBER , 2020.