[Amended 3-21-2017 by Ord. No. 2017-03-01]
Golf Carts, and utility-terrain vehicles, as defined and qualified
herein, shall be allowed on Village streets under the conditions as
stated herein. Dirt bikes and ATVs are prohibited.
Includes College Avenue.
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.
Includes US Route 40.
Any recreational motor vehicle other than an ATV, motorcycle,
or snowmobile, designed for and capable of travel over designated
unpaved roads, traveling on four or more low-pressure tires of 20
psi or less, maximum width less than 74 inches, maximum weight less
than 2,000 pounds, or having a wheel base of 94 inches or less. "Utility-terrain
vehicle" does not include golf carts, vehicles specifically designed
to carry a disabled person or implements of husbandry.
Any of the streets within the boundaries of the Village,
except for state and county roads.
All persons wishing to operate a golf cart or utility-terrain
vehicle on the Village streets shall comply with the following requirements:
(A)
Provide proof of current liability insurance clearly identifying
coverage for operation of a golf cart and/or utility-terrain vehicle.
(B)
The vehicle shall be certified by the Village by inspection by the
Police Chief or designated representative.
(C)
Any operator must comply with the published "Rules Concerning Alternate
Transportation for the Village of Brownstown," as periodically updated.
(D)
The vehicle shall display a Village decal on the rear of the vehicle.
(E)
Any operator shall have a current, valid driver's license and must
be at least 18 years of age and show proof of insurance.
(F)
Golf carts and utility-terrain vehicles must be equipped as follows:
(1)
Horn;
(2)
Brakes and brake lights;
(3)
Turn signals on the front and rear;
(4)
A steering wheel apparatus;
(5)
Tires;
(6)
Rearview mirror;
(7)
Red reflector warning devices in the rear;
(8)
Headlights that emit a white light visible from a distance of
500 feet to the front which must illuminate when in operation;
(9)
Tail lamps that emit a red light visible from at least 100 feet
from the rear which must be illuminated when in operation;
(10)
Seat belts for operator and all passengers;
(11)
The golf cart or utility-terrain vehicle must have a windshield
or operator must wear goggles or eyewear or eye protection;
(12)
A slow moving emblem (as required of other vehicles in 625 ILCS
5/12-709) on the rear of the nonhighway vehicle.
(13)
The provision of 625 ILCS 5/11-1426.1 of the Illinois Motor
Vehicle Code, as the same shall currently exist and as it shall hereinafter
be amended, is adopted as a part hereof.
(G)
For purposes of this article, both golf carts and utility-terrain
vehicles may be referred to as "vehicles."
The following rules shall apply to the operation of golf carts
and utility-terrain vehicles on Village streets, and breach thereof
shall constitute a violation.
(A)
The operator shall obey all traffic laws of the State of Illinois
and the Village of Brownstown.
(B)
The operator and all passengers shall wear seat belts when the vehicle
is in operation.
(C)
Vehicles shall be operated only on Village streets, except where
prohibited.
(D)
Vehicles shall not be capable of speeds exceeding 20 miles per hour.
The definition of golf cart/UTV specifically excludes all-terrain
vehicles, ATVs or any vehicle that is not a golf cart/UTV.
(E)
Vehicles shall not be operated on either U.S. Highway 40 or College
Avenue.
(F)
A person operating or who is in actual physical control of a vehicle
as described herein on a roadway while under the influence of alcohol
or a controlled substance is subject to 625 ILCS 11-500 through 11-502.
(G)
Vehicles shall not be operated on sidewalks.
(H)
Vehicles shall have front head lamps on at all times when vehicles
are in operation.
(I)
Vehicles shall only be operated on streets where the posted speed
limit is 35 miles per hour or less.
(A)
No person shall operate a qualified vehicle without first obtaining
a permit from the Chief of Police or designated representative. Permits
shall be granted for a period of 365 days. The cost of the permit
is $35 per year to be designated to the General Fund Now Account.
Insurance coverage is to be verified to be in effect by the Village
Clerk or designated representative when obtaining and renewing a permit.
(B)
Every application for a permit shall be made on a form supplied by
the Village and shall contain the following information:
(1)
Name and address of applicant;
(2)
Name of liability insurance carrier and policy number;
(3)
The serial number, make, model and description of golf cart
and/or utility-terrain vehicle;
(4)
Signed waiver of liability by applicant releasing the Village
and its employees, and agreeing to indemnify and hold the Village
harmless from any and all future claims resulting from the operation
of their vehicle on the Village streets;
(5)
Photocopy of applicable liability insurance coverage card specifically
for the vehicle to be operated pursuant to the permit;
(6)
Such other information as the Village may require.
(C)
No permit shall be granted unless the following conditions are met.
(1)
The vehicle must be inspected by the Chief of Police or designated
representative to insure that the vehicle is safe to operate on Village
streets and is in compliance with this article and with the State
of Illinois Motor Vehicle Code;
(2)
A physically handicapped applicant must submit a certificate
signed by a physician, certifying that the applicant is able to safely
operate a qualified vehicle on Village streets;
(3)
The applicant must provide evidence of insurance in compliance
with the provisions of the Illinois Statutes regarding minimum liability
insurance for passenger motor vehicles to be operated on the road
of the State of Illinois.
(D)
The Village may suspend or revoke a permit granted hereunder upon
a finding that the holder thereof has violated any provision of this
article or there is evidence that the permittee cannot safely operate
a qualified vehicle on the designated roadways.
[Amended at time of adoption of Code (see Ch. 1, Administration,
Art. I, General Code Provisions, Div. I)]
A person who violates any provision of this article shall be
guilty of a petty misdemeanor and shall be punished by a fine of not
less than $75 nor more than $750. Any second or subsequent offense
shall result in the revocation of the permit for a period of not less
than three nor more than five years. To the extent that any violation
of this article also constitutes a violation of criminal statutes
of the State of Illinois, the violator shall also be subject to criminal
prosecution.
(A)
In the event that a court of competent jurisdiction declares any
particular provision of this article to be invalid or unenforceable,
the remaining provision of this article shall be construed to be valid
and enforceable. The invalidity of any part of this article shall
not affect any part or parts thereof.
(B)
Any ordinance, or portion thereof, of the Village which is contrary
to this article shall be deemed to be repealed.
