[Added 8-15-2013 by Ord.
No. 13-08-15]
Golf carts and utility-terrain vehicles, as defined and qualified
herein, shall be allowed on Village streets under the conditions as
stated herein.
As used in this article, the following terms shall have the
meanings indicated:
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.
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]]
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.
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Editor's Note: This ordinance also repealed the former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.
[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:
A.
Proof of current liability insurance.
B.
Must be certified with the Village and have the vehicle certified
with the Village by the Chief of Police or designated representative.
C.
Must comply with this article as periodically updated.
D.
Must display a Village decal on the rear of the vehicle.
E.
Must have a current, valid Illinois driver's license.
F.
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.
G.
Must obey all traffic laws of the State of Illinois and the Village
of Tilton.
H.
Must be a licensed driver 18 years of age, or 16 years of age with
a licensed consenting adult.
I.
Must be operated only on Village streets, except where prohibited.
J.
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.
K.
(Reserved)
L.
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).
M.
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.
N.
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.
O.
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.
A.
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]
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;
(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.
C.
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.
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 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]
[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.
A.
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.
B.
This article shall be in full force and effect from and after passage
and approval as provided by law.
C.
Any law, or portion thereof, of the Village which is contrary to
this article shall be deemed to be repealed.
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.
