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HomeMy WebLinkAboutOrdinances - 21-20 - 04/19/2021 - Non-Highway Vehicles Dates ORDINANCE NO. 21-20 Amending Title 7, Motor Vehicles and Traffic, Chapter 2, General Regulations, Section 7-2-5: Operation of Non-Highway Vehicles on City Streets WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of McHenry, McHenry County, Illinois, as follows: SECTION 1: Subsection 7-2-5 C. shall be amended to read as follows: Registration: Each non-highway vehicle operating on a City street shall be registered with the City and display a City registration stickers and plate. This registration shall be valid from April 1 through November 1 of the year it was issued. Registrations shall not be transferable in the event of a change in ownership of the non-highway vehicle. Prior to issuance of a registration by the City, a non-highway vehicle must comply with the requirements set forth below. 1. An annual safety inspection shall be conducted by the Police Department or a designee authorized by the Chief of Police. 2. A non-highway vehicle must have, at minimum,the following operating equipment: a. Brakes; b. A steering apparatus; c. Tires; d. A rearview mirror; e. Red reflectorized warning devices in the front and rear; f. Seatbelts; g. A slow moving emblem (as required of other vehicles in 625 ILCS 5/12-709) on the rear of the non-highway vehicle; h. A headlight that emits a white light visible from a distance of five hundred (500)feet to the front and a tail lamp that emits a red light visible from at least one hundred (100)feet from the rear; L Brake lights; and j. Turn signals. 3. A non-highway vehicle shall not have a modified exhaust system which will amplify or increase the noise of the non-highway vehicle above that emitted by the muffler originally installed on the non-highway vehicle. 4. Proof of valid insurance, as identified in 625 ILCS 5/7-601 et seq., must be provided for the non-highway vehicle and the registrant must agree to insure the non-highway vehicle while in use on City streets. 5. The registrant must agree and sign an indemnification form, releasing the City, its elected officials and its employees from liability and indemnifying and holding them harmless from any and all claims resulting from the operation of the non-highway vehicle. 6. A fee of one hundred dollars ($100.00) shall be paid for the initial annual safety inspection of each non-highway vehicle. A fee of fifty dollars ($50.00)for the annual re-inspection for the same non-highway vehicle under the same ownership each year thereafter shall be paid. SECTION 2: Subsection 7-2-5 E. shall be amended to read as follows: Time: A person may operate a non-highway vehicle on permitted streets from April 1 through November 1 each year from six o'clock (6:00)AM to nine thirty o'clock (9:30) PM. The use of non-highway vehicles on City streets between November 2 and March 31 and afterhours is prohibited. SECTION 3: If anysection,paragraph,subdivision, clause,sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not effect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 4: All ordinances, or parts thereof, in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5:This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. Passed this 19th day of April, 2021. Ayes Nays Absent Abstain Alderman Devine X Alderman Glab X Alderman Harding X Alderman Mihevc X Alderwoman Miller X Alderman Santi X Alderman Schaefer X L41/// - 776,t, a . Wayne et , M yor Monte Johnson, Deputy City Clerk