[Added 9-3-2013 by Ord.
No. 13-5; amended 8-2-2016 by Ord. No. 16-6; 11-6-2018 by Ord. No. 18-6; 4-5-2022 by Ord. No. 22-01]
For purposes of this article, the following definitions shall
apply:
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.
To ride in or on, other than as a passenger, use or control
in any manner the operation of a golf cart.
A person who is at least 16 years of age, who has a valid
Illinois driver's license, who operates or is in physical control
of a golf cart.
Except as provided in this article, it shall be unlawful for
any person to drive or operate a golf cart upon any street, road,
alley or highway within the City of Waverly, Illinois. Golf carts
may be operated by a person on streets, roads and alleys within the
City of Waverly, Illinois, if the operator complies with all of the
following requirements and regulations:
A.
The golf cart must be equipped with the following: brakes, a steering
wheel, tires, a rearview mirror, red reflectorized warning devices
in the front and rear, 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, seat belts for the operator and all passengers, and any additional
requirements that may from time to time be required by the Illinois
Motor Vehicle Code.
B.
When operated on a street, road, alley or highway, the golf cart
shall, pursuant to 625 ILCS 5/12-201, have its headlight and tail
lamps lighted at 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. The operator and all passengers shall
wear seat belts when the golf cart is in operation.
C.
A golf cart may only be operated from 6:00 a.m. through 11:00 p.m.
Sunday through Thursday and 6:00 a.m. to 12:00 midnight Friday and
Saturday.
E.
The operator of a golf cart must operate the golf cart in compliance
with all City ordinances and the provisions of the Illinois Motor
Vehicle Code (625 ILCS 5/1-101 et seq.), as amended from time to time.
F.
A golf cart may not be operated at a speed in excess of 20 miles
per hour.
G.
A golf cart may only be operated on streets where the posted speed
limit is 35 miles per hour or less.
H.
A golf cart may not be operated on sidewalks or other public property
not accessible to or authorized for vehicular traffic.
I.
A golf cart may not be driven on a state highway; except a golf cart
may make a direct crossing over a state highway (including Routes
104 and 111) at an intersection controlled by a traffic light or a
four-way stop sign if the speed limit on the highway is 35 miles per
hour or less at the place of crossing. A golf cart may cross a highway,
municipal highway, county highway or road district highway if the
operator makes a direct crossing, provided:
(1)
The crossing is made at an angle of approximately 90° to
the direction of the street, road, or highway and at a place where
no obstruction prevents a quick and safe crossing;
(2)
The golf cart is brought to a complete stop before attempting
a crossing;
(3)
The operator yields the right-of-way to all pedestrian and vehicular
traffic which constitutes a hazard; and
(4)
When crossing a divided highway, the crossing is made only at
an intersection of the highway with another public street, road or
highway.
J.
No person shall operate nor shall any owner permit another person
to operate a golf cart on the roads, streets, highways or alleys within
the City of Waverly unless the golf cart is covered by a liability
insurance policy in compliance with the Illinois Safety and Family
Financial Responsibility Law (625 ILCS 5/7-100 et seq.).
K.
A person who operates or is in actual physical control of a golf
cart on a roadway while under the influence is subject to 625 ILCS
5/11-501 through 625 ILCS 5/11-502.
L.
No other nonhighway vehicles as defined in 625 ILCS 5/11-1426.1 shall
be operated on any road, street, highway or alley within the City
of Waverly.
[Amended 6-13-2023]
Prior to being allowed to operate a golf cart within the City
of Waverly, the proposed operator of a golf cart must apply for a
permit to operate the golf cart and pay an application fee of $75.
In addition to the application fee, the applicant shall attach to
his/her application proof of insurance as required by 625 ILCS 5/7-100
et seq. Further, as a condition for the issuance or re-issuance of
a permit, the applicant shall sign an unconditional and full general
release of liability, waiver, discharge and covenant not to sue form
provided by the Chief of Police. The application shall be submitted
to the Chief of Police on a form prepared by the Chief of Police.
Upon receipt of the completed application form, application materials
and fee, the Chief of Police, or his/her designee, shall conduct an
inspection of the golf cart to ensure its compliance with this article.
If the applicant's completed application and golf cart meet the requirements
of this article, a permit to operate a golf cart shall be issued.
A permit issued hereunder shall be valid for one year and may be reissued
upon compliance with the application procedures set forth above. A
permit issued under this article shall be nonassignable and nontransferable.
A.
The permit issued pursuant to this article may be revoked by the
Chief of Police, or his/her designee, if:
B.
The Chief of Police, or his/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.
Any person violating or aiding or abetting the violation of
any provisions of this article is guilty of a petty offense and shall
be fined not less than $150 but not more than $750. 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 this article also constitutes a violation of a criminal statute
of the State of Illinois, then the violator shall also be subject
to criminal prosecution. Each day a person fails to comply with the
provisions of this article constitutes a separate offense. The City
shall be entitled to recover from the violator its reasonable attorney's
fees and court costs associated with the enforcement of this article.
The City shall erect appropriate street signs alerting the public
that golf carts may lawfully travel on the roads, streets and alleys
within the City.
No action by the City of Waverly, Illinois, under this Article XVIII, this ordinance 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 Section 3-102 of the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/3-102).
In the event a court of competent jurisdiction declares any particular provision of this Article XVIII to be invalid or unenforceable, the remaining provisions of this article shall be construed to be valid and enforceable. The invalidity of any part of this article shall not affect any other part or parts thereof.
