Village of Tilton, IL Golf Carts and Utility Terrain Vehicles

As defined herein and by 625 ILCS 5/1-123.9, means 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.

SIDE-BY-SIDE VEHICLE

A side-by-side vehicle (SxS or SSV), is an off-road vehicle with a minimum of two seats positioned side-by-side and enclosed within a roll cage structure. They have a minimum of four wheels and are operated by foot controls and a steering wheel. Depending on use and application they can also be called a utility task vehicle, utility terrain vehicle (UTV), recreational off-highway vehicle (ROV) or multipurpose off-highway utility vehicle (MOHUV).

[Added 7-20-2023 by Ord. No. 2023-0720F[1]]

UTILITY-TERRAIN VEHICLE

A self-propelled electronically powered four-wheeled motor vehicle or a self-propelled gasoline or diesel-powered four-wheeled motor vehicle with an engine displacement under 1,200 cubic centimeters, which is capable of attaining in one mile a speed of more than 20 miles per hour, but not more than 25 miles per hour, and which conforms to the federal regulations under 49 CFR 571.500. This definition does not include all-terrain vehicles (ATVs) as defined by 625 ILCS 5/1-101.8.

VILLAGE STREETS

Any of the streets/alleys within the boundaries of the Village.

[1]

Editor's Note: This ordinance also repealed the former definition of "utility-terrain vehicle," which immediately followed this definition.

§ 295-40 Operating requirements and restrictions.

[Amended 11-21-2013; at time of adoption of Code (see Ch. 1, General Provisions, Art. I); 7-20-2023 by Ord. No. 2023-0720F]

All persons wishing to operate a golf cart or a side-by-side vehicle on Village streets must ensure compliance with the following requirements:

Proof of current liability insurance.

Must be certified with the Village and have the vehicle certified with the Village by the Chief of Police or designated representative.

Must comply with this article as periodically updated.

Must display a Village decal on the rear of the vehicle.

Must have a current, valid Illinois driver's license.

Must be equipped as follows:

(1)

Brakes and brake lights;

(2)

Steering wheel apparatus;

(3)

Tires;

(4)

Rearview mirror;

(5)

Approved "Slow Moving Vehicle" emblem on the rear of the vehicle (625 ILCS 5/12-709);

(6)

Headlight that emits a white light visible from a distance of 500 feet to the front, which must illuminate when in operation;

(7)

Tail lamp that emits a red light visible from at least 100 feet from the rear, which must be illuminated when in operation;

(8)

(Reserved)

(9)

The driver and all passengers must wear seat belts while riding in a side-by-side vehicle. The maximum number of passengers will be determined by the amount of seat belts available in the vehicle;

(10)

The Village of Tilton will provide the person obtaining the permit to drive the vehicle with a vehicle identification number. Such number must be displayed on the back of the vehicle in letters no less than three inches in height. The color of the letters must be a contrasting color to that of the vehicle itself for good visibility. If the ID number will not fit on the back of the vehicle, then it must be displayed on both sides of the vehicle as described above;

(11)

Any additional requirement which may be required by 65 ILCS 5/11-1426.1 of the Illinois Motor Vehicle Code.

Must obey all traffic laws of the State of Illinois and the Village of Tilton.

Must be a licensed driver 18 years of age, or 16 years of age with a licensed consenting adult.

Must be operated only on Village streets, except where prohibited.

Must not be operated in excess of posted speed limits and, with respect to side-by-side vehicles, may not exceed 30 miles per hour.

(Reserved)

A person operating or who is in actual physical control of a golf cart or side-by-side vehicle as described herein on a roadway while under the influence is subject to Sections 11/500 through 11/502 of the Illinois Compiled Statutes (625 ILCS 5/11-500 through 11-502).

Golf carts and side-by-side vehicles shall not be operated on sidewalks or in Village parks other than parking areas; except where no Village roadway allows for safe passage. All pedestrians have the right-of-way.

Golf carts and side-by-side vehicles may not be operated on streets and highways and roads under the jurisdiction of the Illinois Department of Transportation.

All golf carts and side-by-side vehicles will not be permitted to cross Illinois State Route 1 except at the 14th Street underpass, unless it is closed. If the 14th Street underpass is closed, golf carts and side-by-side vehicles may only cross where the Illinois Department of Transportation approves a crossing. All crossing of streets must be at intersections. In addition, golf carts and side-by-side vehicles will not be permitted on 1st Street and 2nd Street at any time.

§ 295-41 Permit required; application; conditions of issuance; suspension or revocation.

No person shall operate a qualified golf cart or side-by-side vehicle without first obtaining a permit from the Village as provided herein. Permits shall be granted for a period of one year and renewed annually. The cost of the permit shall be set from time to time by the Board of Trustees. Insurance coverage is to be verified by obtaining and renewing a permit. An owner of a golf cart or side-by-side vehicle must have proof of such insurance when in operation on streets or alleys or school or public rights-of-way.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I); 7-20-2023 by Ord. No. 2023-0720F]

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;

(3)

The serial number, make, model and description of golf cart or side-by-side vehicle;

[Amended 7-20-2023 by Ord. No. 2023-0720F]

(4)

Signed waiver of liability by applicant releasing the Village and agreeing to indemnify and hold the Village harmless from any and all future claims resulting from the operation of the golf cart or side-by-side vehicle on the Village streets;

[Amended 7-20-2023 by Ord. No. 2023-0720F]

(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.

No permit shall be granted unless the following conditions are met:

(1)

The vehicle must be inspected by the Chief of Police (or designee) to ensure 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 golf cart or side-by-side vehicle on Village streets.

[Amended 7-20-2023 by Ord. No. 2023-0720F]

(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 roads of the State of Illinois.

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 state or federal laws, or there is evidence that the permittee cannot safely operate a qualified golf cart or side-by-side vehicle on the designated roadways.

[Amended 7-20-2023 by Ord. No. 2023-0720F]

§ 295-42 Penalty.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Any person who violates any provision of this article shall be guilty of a petty offense and shall be punished by a fine of no less than $100 nor more than $750, plus court costs. Any second or subsequent offense shall result in the revocation of the permit for a period of not less than three years nor more than five years. 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 and a public nuisance fine of $300. Persons are automatically in violation for violations of 625 ILCS 5/11-501 through 5/11-507 and 5/11-601, 5/11-601A and 5/11-611 and machine and operator privileges will be revoked and a public nuisance ordinance violation will apply. Privileges may be reinstated; anyone whose permit is revoked must pay $100 per year for the years that they were revoked as a reinstatement fee.

§ 295-43 Severability; when effective.

In the event that a court of competent jurisdiction declares any particular provision of this article 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 part or parts thereof.

This article shall be in full force and effect from and after passage and approval as provided by law.

Any law, or portion thereof, of the Village which is contrary to this article shall be deemed to be repealed.

§ 295-44 Exception for municipal vehicles.

Any vehicle, including four-wheelers, little trucks, ATVs, UTVs, golf carts, etc., can be used by the Village of Tilton or as authorized by the Village of Tilton in maintaining public rights-of-way and in enforcing state, federal and local laws.