VILLAGE OF HOMER

CHAMPAIGN COUNTY, ILLINOIS

ORDINANCE NO. 080811

AN ORDINANCE AUTHORIZING

THE OPERATION OF GOLF CARTS AND

NEIGHBORHOOD VEHICLES

ON THE VILLAGE OF HOMER PUBLIC STREETS

Passed by the Board of Trustees and

Approved by the President

of

Village of Homer, Illinois

On August 8, 2011

________________________________________________________________________

Published in pamphlet form by authority of the President and Board of Trustees of the Village of Homer, Champaign County, Illinois, this 9^th day of
August, 2011.

VILLAGE OF HOMER

CHAMPAIGN COUNTY, ILLINOIS

Ordinance No. 080811                                                                                August 8, 2011

AN ORDINANCE AUTHORIZING

THE OPERATION OF GOLF CARTS AND

NEIGHBORHOOD VEHICLES

ON THE VILLAGE OF HOMER PUBLIC STREETS

              WHEREAS, residents of the Village of Homer have requested that the Village permit the use of golf carts and neighborhood vehicles for travel on Village Streets; and

              WHEREAS, the Board of Trustees of the Village of Homer has considered the volume, speed and character of traffic on the Village streets, and has determined that the usage authorized by this ordinance will not jeopardize the public safety; and

              WHEREAS, Illinois law, 625 ILCS 5/11-1426.1 and 2,, authorizes Illinois municipalities to regulate and allow golf cart and neighborhood vehicles usage on municipal street under certain circumstances and conditions; and

              WHEREAS, it is the intent of this Ordinance to regulate the use of motorized golf carts within the corporate limits of the Village of Homer as authorized by state statute, 625 ILCS 5/11-1426.1 and 2.

              NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF HOMER, ILLINOIS AS FOLLOWS:

• DEFINITIONS.

“Golf Cart” – 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. 

“Neighborhood Vehicle” – Self-propelled, electronically powered fourth-wheeled motor vehicle (or a self-propelled, gasoline 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 federal regulations under Title 49 C.R.F. Part  571.500.

“Village Streets” – Any of the streets within the boundaries of the Village of Homer, Illinois, except for state and county roads.

• POLICY STATEMENT.

This Ordinance is adopted in the interest of public safety.  Golf carts and neighborhood vehicles are not designed or manufactured to be used on public streets and roads, hereinafter “streets(s),” and the Village of Homer in no way advocates or endorses their operation on streets.  The Village, by regulating such operation is merely addressing safety issues.  This Ordinance is not to be relied upon as determination that operation on streets is safe or advisable even if done in accordance with this Ordinance.  All persons operating golf carts and neighborhood vehicles must be observant of, and attentive to the safety of themselves and others, including their passengers, other motorists, bicyclists, and pedestrians.  All persons who operate or ride golf carts and neighborhood vehicles on streets inside the Village of Homer do so at their own risk and peril.  The Village of Homer has no liability under any theory of liability for permitting golf carts to be operated on Village streets.

• RULES AND REGULATIONS.

Golf carts and neighborhood vehicles may only be operated on streets within the Village of Homer in accordance with the following rules and regulations.

• Any person who operates a golf cart and neighborhood vehicle in the Village of Homer takes full responsibility for all liability associated with operating the golf cart or neighborhood vehicle.

• Any person who operates a golf cart or neighborhood vehicle must be at least eighteen (18) years of age and possess a valid driver’s license to operate a motor vehicle issued by Illinois or any other state.

• Any person who operates a golf cart must possess proof of liability insurance, meeting Illinois statutes requirements.

• Golf carts and neighborhood vehicles may be driven on streets only from sunrise to sunset.

• A golf cart or neighborhood vehicle shall have its headlight and tail lamps lighted at all times when operated on Village streets.

• Golf carts or neighborhood vehicles may not be operated when visibility is impaired by weather, smoke, fog or other conditions or at any time when there is insufficient light to clearly see persons and vehicles on the roadway at a distance of 500 feet.

• Golf carts or neighborhood vehicles may not be operated on sidewalks or Village parks other than parking areas.

• Golf carts or neighborhood vehicles may be operated on Village streets which have a posted speed limit of thirty-five (35) miles per hour or less, but golf carts may never exceed twenty (20) miles per hour.

• Golf carts or neighborhood vehicles may not be operated on the following state highways or County Roads except to cross said highways at intersections in a path ninety (90) degrees to said highways:

- State Route 49

- County Road 15

- Second Street from Church Street east to Village limits

- First Street from Josephine Street west to Village limits

• Golf carts and neighborhood vehicles must be equipped as follows:

• Horn;
• Brakes and brake lights;
• Turn signals;
• A steering wheel apparatus;
• Tires;
• Rearview mirror;
• Approved “Slow Moving Vehicle” emblem on the rear of the vehicle (625 ILCS 5/12-709),
• Headlight that emits a white light visible from a distance of five hundred (500) feet to the front which must illuminate when in operation;
• Tail lamp that emits a red light visible from at least one hundred (100) feet from the rear which must be illuminated when in operation;
• The permit number, at least 3” high, shall be displayed in the middle of the slow-moving vehicle emblem on the rear of said vehicle.
• Any additional requirements of the Illinois Motor Vehicle Code.

• Any person who operates a golf cart or neighborhood vehicle on the streets in the Village of Homer must adhere to all applicable State laws concerning the possession and use of alcoholic beverages, and all other illegal drugs, as well as all other state traffic laws.

• Golf cart or neighborhood vehicle drivers must yield the right-of-way to overtaking vehicles at all times.

• The maximum occupancy of golf carts or neighborhood vehicles traveling on Village streets will be one person per bucket seat or two people per bench seat.

• Children must be properly seated, with seatbelts for children under 6 years of age, while said golf cart or neighborhood vehicle is in motion, and may not be transported in a negligent manner.

• Golf carts or neighborhood vehicles are only allowed to park in handicapped parking spaces if the driver or at least one passenger has a valid handicap parking sticker.

• No unsafe modifications may be made to the vehicle’s suspension.
• All golf carts and neighborhood vehicles on the streets must be inspected by the person(s) or entity(s) designated by the Homer Village President or Village Board of Trustees, and must have valid permit documentation from the Village of Homer visibly displayed on the back rear of the cart on the driver’s side.
• Neighborhood vehicles with motors in excess of 900 cc shall not be permitted under this ordinance.

• PERMITS.

• No person shall operate a motorized golf cart or neighborhood vehicle without obtaining a permit from the Village of Homer as provided in this section.

• Every application for a permit shall be made on a form supplied by the Village and shall include the following information:
• Name and address of applicant;
• Name of liability insurance carrier;
• The serial number, make, model and description of golf cart or neighborhood vehicle;
• Signed Release and 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 their operation on Village Streets;
• Photocopy of applicable liability insurance coverage card specifically for the vehicle to be operated pursuant to the permit;
• A permit application fee of $15.00 for applicants age 65 or older and $30.00 for all other applicants;
• Such other information as the Village may require.

• Permits shall be granted for a period of one year and may be renewed annually, for the period May 1^st to April 30^th.

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

 

• The vehicle must be inspected by the 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;
• A physically handicapped applicant must submit a certificate signed by the physician, certifying that the applicant is able to safely operate a qualified golf cart on Village Streets;
• The applicant must provide evidence of insurance in compliance with the provisions of the Illinois Statutes regarding minimum liability insurance.

• Insurance coverage will be verified as in effect by the Village of Homer when issuing or renewing a permit.
• 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 permittee cannot safely operate a qualified golf cart on the designated roadways.
• The Village President and the Trustees’ Safety Committee shall monitor the administration and enforcement of this Ordinance.

5.           ENFORCEMENT.

(1) Any violation of this Ordinance shall be punishable by a fine of not less then $150.00 nor more than $750.00 for each violation.

(2) A second violation of this Ordinance shall, in addition to being subject to time, be grounds for the revocation of the vehicle’s permit issued for a period up to one (1) year.

(3) Upon investigation by and the recommendation of the Village of Homer, the Village Board may suspend or revoke a permit granted hereunder upon a finding that there is evidence that the permittee cannot safely operate the motorized golf cart or neighborhood vehicles on the designated streets.

(4) The Board of Trustees of the Village of Homer reserves the right to amend or repeal this Ordinance at any time, and if such amendment or repeal affects the rights of permit holders, all permit holders will be notified thereof by the Village by certified mail.

(5) No person receiving a permit pursuant to the terms of this ordinance shall have any legal right to the continuation of said ordinance regardless of the cost of rendering a golf cart or neighborhood vehicle in compliance with this ordinance for the purpose of its operation in the Village of Homer pursuant to this ordinance.

(6) The Village of Homer shall not under any circumstances be liable for any expenses incurred by, an applicant or licensee for that applicant or licensees cost for the acquisition and/or modification of such golf cart or neighborhood vehicle to comply with the requirements of this ordinance.

6.           GENERAL

This Ordinance shall be published in pamphlet form and become effective upon its passage and publication as required by law.

                 PRESENTED, PASSED, APPROVED, AND ADOPTED by the President and Trustees of the Village of Homer, Illinois, at a duly conducted regular meeting thereof this 8^th day of August, 2011.