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HomeMy WebLinkAbout#4029 (Golf Carts) ORDINANCE NO. 4029 AN ORDINANCE PROVIDING FOR THE USE AND REGULATION OF GOLF CARTS AND UTILITY TERRAIN VEHICLES WITHIN THE CITY OF CANTON, FULTON COUNTY, ILLINOIS. WHEREAS, Section 11-1426.1(d) of the Illinois Vehicle Code, 625 ILCS 5/11-1426.1, provides, in part, that a municipality may authorize, by ordinance or resolution, the operation of non-highway vehicles on roadways under its jurisdiction if the municipality determines that the public safety will not be jeopardized; and WHEREAS, Section 11-1426.1(d) of the Illinois Vehicle Code, 625 ILCS 5/11-1426.1, further provides that, before permitting the operation of a non-highway vehicle on its roadways, a municipality must consider the volume, speed and character of traffic on the roadway and determine whether the non-highway vehicles may safely travel on or cross the roadway; and WHEREAS, as required by said statute, the City Council of the City of Canton, has considered the volume, speed, and character of traffic on the roadways under the jurisdiction of the City of Canton having a posted speed limit of 35 miles per hour or less and has determined that the public safety will not be jeopardized by the operations of properly equipped golf carts and recreational off-highway vehicles on said roadways in accordance with said statute and with this Ordinance; and WHEREAS, the City Council of the City of Canton has determined that it is desirable and in the public's best interest to allow the operation of properly equipped golf carts and recreational off-highway vehicles on roadways under the jurisdiction of the City of Canton having a posted speed limit of 35 miles per hour or less in accordance with said statute and with this Ordinance. NOW, THEREFORE, BE IT ORDAINED by the Mayor and the City Council of the City of Canton, Fulton County, Illinois, as follows: SECTION 1: The foregoing recitals are made a part of this Ordinance. SECTION 2: DEFINITIONS: As used in this Chapter, the following words, terms and titles shall have the following meanings: 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 as defined by 625 ILCS 5/1-123.9 and 11-1426.1(a)(2) of the Illinois Vehicle Code. NLR Documents/Ordinances 4/14/16 RECREATIONAL OFF-HIGHWAY VEHICLE/ UTILITY TERRAIN VEHICLE (UTV): Any motorized off-highway devise 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 4 or more non-highway tires, designed with a non-straddle seat and a steering wheel for steering control, except equipment such as lawnmowers defined by 625 ILCS 5/1-168.8 and 5/11-1426.1(a)(4) of the Illinois Vehicle Code and go-carts. SECTION 3: VEHICLE REQUIREMENTS: All vehicles allowed to operate on city streets pursuant to this chapter, shall be equipped with all of the safety systems and equipment as required by the Illinois Vehicle Code (625 ILCS 5/11-1426.1) including: Brakes, a steering apparatus, tires, a rearview mirror, red reflectorized warning devises in the front and rear, a slow moving emblem on the rear of the vehicle as required in Section 12-709 of the Illinois Vehicle Code, 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, a windshield, and any and all other safety equipment required to be installed and operational on such vehicles as set forth in said statute. SECTION 4: RESTRICTIONS: 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 ordinance are not authorized on the roadways of the City of Canton. SECTION 5: OPERATION OF GOLF CARTS/RECREATIONAL OFF-HIGHWAY VEHICLE/UTV: Subject to the requirements of Section I1-1426.1 of the Illinois Vehicle Code, 325 ILCS 5/11-1426.1, which are hereby adopted by reference by the City Council of the City of Canton, and of the provisions of this Ordinance, drivers properly licensed to operate motor vehicles on the roadways of the City of Canton AND who are 16 years of age, are allowed to operate golf carts and/or UTVs under this chapter on the roadways of the City of Canton, having a posted speed limit of 35 miles per hour or less. However, golf carts and/or UTVs are not allowed on the City sidewalks, Illinois State Route 9 or 78 (a/k/a 5th Avenue, Locust Street, and Main Street) in the City of Canton, with the exception of a golf cart/UTV may cross Illinois State Route 9 or 78 at a 90 degree angle. SECTION 6: ANNUAL REGISTRATION OF GOLF CARTS/RECREATIONAL OFF- HIGHWAY VEHICLE/UTV: No vehicle authorized under this title and chapter, shall be operated on any street or alley in the City of Canton unless the owner(s) thereof shall have first registered such vehicle with the City of Canton in accordance with the following requirements: a. Registration of such vehicles shall be administered by the Chief of Police of the City of Canton, or his designee, an application for registration may be made on a form prescribed by the City of Canton. Said form shall include a statement under oath or penalties of perjury that the vehicle proposed to be registered meets the definition of the vehicles defined by the state statute or in section 2 of this chapter and shall be accompanied by an annual registration NLR Documents/Ordinances 4/14/16 fee of$50.00 and proof of liability insurance for said vehicle having at least the same limits of coverage as required from time to time for motor vehicles under the mandatory insurance law of the State of Illinois. b. Vehicles registered under this chapter and section of the City of Canton Municipal Code shall be issued a sticker from the City of Canton which shall be affixed to the rear of the vehicle and shall be viewable to a police officer from outside of said vehicle. c. The registration of said vehicle shall be effective for a period of one calendar year and shall be renewed annually on January 1 of each year in the same manner as the original registration. d. The registration of said vehicles shall not be transferrable in the event of a change of ownership. A new registration fee will be required of the new owner(s). No refund of the original registration fee is allowed in the event of the change of ownership. e. The registration of said vehicles shall be subject to revocation by the Chief of Police of the City of Canton in the event of a violation of the requirements of Section 11-1426.1 of the Illinois Vehicle Code, 625 ILCS 5/11-1426.1, or any of the provisions of this Ordinance. A revocation of such registration shall be made in writing and shall set forth the provision(s) of the state statute or this Ordinance that has been violated. No refund of the registration fee is allowed in the event of the revocation of said permit. f. In the event that the registration of a vehicle is revoked due to a failure to maintain the required liability insurance or the failure the condition of the vehicle in compliance with the state statute or this ordinance, including, but not limited to, maintaining the required safety systems. The Chief of Police of the City, or his/her designee, in his/her discretion, may reinstate the registration upon documentation of reinstatement of the required insurance coverage or of the repair or modification of the vehicle to cure any deficiencies, as applicable, if the Chief of Police of the City of Canton determines that the violation was not intentional and is not likely to recur SECTION 7: INSPECTION OF VEHICLES: Vehicles registered, or proposed to be registered, pursuant to the provisions of this Ordinance, shall be subject to inspection before being issued said registration sticker. The inspection is only required for the first year of registration or if a sticker lapses. Vehicle owners may obtain an inspection form from the City of Canton Police Department and provide that form to the business conducting the inspection. Businesses must inspect and certify on the City of Canton Police Department form that the vehicle meets the required inspection. The inspector must certify that the vehicle meets the definition as set forth in the state statute or this Ordinance, particularly in connection with the provisions for maintenance in operating condition of required safety systems and equipment. The certifying business must be a business whose primary function is the selling of golf carts and/or UTV's or whose primary function is the repair of mechanical vehicles. SECTION 8: MANDATORY INSURANCE: The owner of any vehicle registered under this Ordinance shall continuously maintain liability insurance for said vehicle NLR Documents/Ordinances 4/14/16 having at least the same limits of coverage as required from time to time for motor vehicles under the mandatory insurance law of the State of Illinois. SECTION 9: OPERATION LIMITED TO LICENSED DRIVERS: All persons who operate a vehicle under this Ordinance within the City of Canton must have a valid driver's license. SECTION 10: OTHER LAWS, REGULATIONS, AND ORDINANCES: Vehicles registered under this Ordinance shall be operated at all times in accordance with the provisions of the Illinois Vehicle Code, the rules of the road contained therein, and any other laws, regulations, or ordinances governing the operation of motor vehicles in the City of Canton as well as the laws, regulations or ordinances specifically pertaining to vehicles operated under this Ordinance and the operation thereof. SECTION 11: USE UNDER THE INFLUENCE: A person who drives or is in actual physical control of a vehicle authorized under this Ordinance on a roadway in the City of Canton while under the influence of alcohol or drugs, is subject to the provisions of Sections 11-500 through 11-502 of the Illinois Vehicle Code, 625 ILCS 5/11-500 through 11-502. Further, a violation of the provisions of this Section shall be cause for the City of Canton to revoke the permit of the authorized vehicle. SECTION 12: CONVICTIONS: Two (2) convictions of any authorized user herein of a vehicle authorized under the provisions of this Ordinance, for moving violations concerning such vehicle, shall cause the registration provided for herein to be revoked for at least one (1) year. It shall be the City of Canton Chief of Police to determine if the registration will be reinstated after the one (1) year revocation. If the Chief of Police denies reinstatement, the applicant may appeal the decision to the City Council. The City Council's decision on reinstatement is final. SECTION 13: PENALTY: In addition to the revocation of the registration of a vehicle as provided in this Ordinance, any person violating any of the provisions of this Chapter shall be subject to a $50.00 fine for each offense, court costs and the City of Canton's attorney's fees. The provisions hereof for prosecuting violations of this Chapter are not intended in any way to supersede the provision of the Illinois Vehicle Code involving the operation of said vehicles within the City of Canton. SECTION 14: WAIVER OF FEE: The provisions of this Chapter shall apply to the use and operation of a vehicle solely owned by a unit of local government (i.e. City of Canton, Canton Park District, etc.); however, the registration fee for such vehicles is waived. SECTION 15: PRIOR ORDINANCES: All prior Ordinances and amendments to Ordinances which are inconsistent with this Ordinance are hereby repealed. SECTION 16: INVALIDITY: If any section, paragraph, sentence, clause or phrase of this Chapter is declared or held to be unconstitutional or invalid for any reason, the NLR Documents/Ordinances 4/14/16 remainder of this Chapter shall not be affected thereby and shall remain in full force and effect. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 3rd day of May, 2016, upon a roll call vote as follows: AYES: Alderman Craig West, Tad Putrich, Ryan Mayhew, Justin Nelson, Gerald Ellis, John Lovell, Angela Hale NAYS: None ABSENT: Alderman Jim Nelson APPROVED: May effr itz ATT D?Vna Pavley-Rock, City Clerk NLR Documents/Ordinances 4/14/16