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HomeMy WebLinkAboutOrdinances - 20-10 - 03/02/2020 - Non-Highway Vehicles CITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS Ordinance 20-10 An Ordinance Amending Title 7; Motor Vehicles and Traffic, Chapter 2; General Regulations, by adding Section 7-2-5, Operation of Non-Highway Vehicles on City Street Passed by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois March 2, 2020 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County,Illinois this 3rd day of March,2020. ORDINANCE NO. 20-10 An Ordinance Amending Title 7, Motor Vehicles and Traffic, Chapter 2; General Regulations, by adding Section 7-2-5, Operation of Non-Highway Vehicles on City Street. WHEREAS, the City of McHenry, McHenry County, Illinois, ("City") 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; and WHEREAS, the City of McHenry is authorized under 625 ILCS 5/11-1426.1 to establish a local ordinance that allows for the legal use and restrictions of non-highway vehicles in the corporate limits of McHenry. WHEREAS, it is in the interest of the City and the desire of the City Council to establish a local ordinance that allows for the regulated use of non-highway vehicles within the City of McHenry. NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF McHENRY, McHenry County, Illinois, as follows: SECTION 1: Title 7; Motor Vehicles and Traffic, Chapter 2; General Regulations, by adding Section 7-2-5, Operation of Non-Highway Vehicles on City Street as follows: 7-2-5 OPERATION OF NON-HIGHWAY VEHICLES ON CITY STREETS A. Definitions: For the purposes of this section, non-highway vehicle means a motor vehicle not specifically designed to be used on a public highway, including: 1. A golf cart, as defined in 625 ILCS 5/123.9; 2. A recreational off-highway vehicle, as defined in 625 ILCS 5/1-168.8. B. Operation: No person shall operate a non-highway vehicle on a City street except as set forth in this section. C. 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 May 1 st through November 1 st 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 McHenry 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; i. 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. D. Location: No person shall operate a non-highway vehicle except on a City street as permitted in this section and no person shall operate a non-highway vehicle on the streets and locations specifically prohibited in this section. The City approved interactive GIS Golf Cart/UTV Map can be found on the City's website (www.cityofmchenry.org)which identifies the prohibited streets and locations along with permitted intersection crossings. 1. Permitted Streets: The operation of a non-highway vehicle shall be permitted on all City owned streets with a posted speed limit of 25 mph or less. In addition, the operation of a non-highway vehicle shall be permitted on the following streets at the specified locations: a. McCullom Lake Road from Blake Boulevard to Olde Mill Lane b. McCullom Lake Road between Pine Street and Kennedy Drive c. Crystal Lake Road between Front Royal and Lillian Street d. Cunat Drive between Bull Valley Road and Crystal Lake Road e. Municipal Drive 2. Prohibited Streets and Locations: The operation of a non-highway vehicle at the following locations is strictly prohibited: a. Green Street between John Street and Pearl Street b. Main Street between Front Street and Crystal Lake Road c. Pearl Street between Green Street and Richmond Road d. Pearl Street between Park Street and Lincoln Road(including Pearl Street Bridge) e. Riverside Drive between Miller Riverfront Park and Broad Street f. Waukegan Road east between Green Street and the end of the property located at 1110 N. Green Street g. All City-owned municipal parking lots within the Downtown Business District h. All City-owned Parks, sidewalks, walking paths and bicycle paths. i. All County Roads j. All Township Roads k. All State Highways 3. Designated Approved Intersections: It shall be unlawful for a non-highway vehicle to cross a prohibited street unless done so at one of the following authorized intersection crossings: a. Curran Road and Dartmoor Drive b. Front Royal Road and Crystal Lake Road c. Lillian Street and Crystal Lake Road d. Winding Creek Drive and Crystal Lake Road e. Dartmoor Drive and Crystal Lake Road f. Meadow Avenue and Elm Street(IL Route 120) g. Lillian Street and Front Street(IL Route 31) h. Biscayne Road and Barreville Road i. McCullom Lake and Riverside Drive E. Time: A person may operate a non-highway vehicle on permitted streets from May 1 st through November 1 st each year from 6:00am to 9:30pm. The use of non-highway vehicles on City Streets between November 2nd and April 30th and afterhours is prohibited. F. Operation Regulations: The operation of a non-highway vehicle is subject to the following requirements: 1. Ability to travel at a speed of nineteen(19)miles per hour 2. Display of registration decals and rear registration plate; Non-highway vehicles registered with the City are issued two registration decals. The decals must be displayed on both sides of the machine by its own adhesive,in a position which is forward of the operator and visible to law enforcement. Operators should carry all necessary registration cards and paperwork with them for display to a law enforcement officer upon request. In addition,all non-highway vehicles registered as public use will be required to furnish a rear plate that displays the registration number. Plates can be created or purchased at owner's expense. Plate specifications: a. The plate must be a minimum of 4" in height and 7 1/2" wide and made of white material. b. The registration number must be made of black lettering a minimum of 1 1/2" high with a minimum 3/16" stroke. c. Only the four registration numbers and two letters need to be on the plate. The registration number can be found on both the decals issued by the City. d. The owner must maintain the plate so it is in legible condition; and the plate shall be attached to the rear of the vehicle. 3. Valid driver's license by the operator of the non-highway vehicle issued in his or her name by the Illinois Secretary of State or by a foreign jurisdiction; 4. The operator shall yield the right of way to all pedestrian and vehicular traffic which constitutes a hazard; 5. Compliance with the provisions of the Illinois Vehicle Code (625 ILCS 511-100, et seq., as amended) to include all speed limits and rules of the road; 6. No operation shall occur when visibility is impaired by weather, smoke, 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 five hundred (500) feet; 7. The number of occupants shall not exceed the number of seatbelts in the non-highway vehicle; and 8. Headlight and tail lamps must be lighted at all times when operating on City streets. G. Driving Under the Influence: A person who operates or is in actual physical control of a non-highway vehicle while under the influence of alcohol, drugs or a combination thereof shall be subject to enforcement through the Illinois Vehicle Code. H. Violation; Penalty: 1. Any person violating this section shall be subject to a citation and imposition of a fine up to $750 plus any attorney's fees incurred by the City for the prosecution of the case. 2. Any person who is cited for a violation of the Illinois Criminal Code or Illinois Vehicle Code while using their non-highway vehicle in McHenry , including no valid license, suspended/revoked license, reckless driving and driving under the influence which results in arrest shall result in an automatic temporary suspension of any City registrations and, upon a finding of guilty of a violation, shall result in an automatic revocation of any City registration. 3. Any person who has been issued two (2)or more citations for violations of this section within a twelve (12)month period shall result in an automatic temporary suspension of any City registrations, and, upon a finding of guilty of a violation, shall result in an automatic revocation of any City registrations for a minimum of twelve (12) months. I. Expiration: This section 7-2-5 expires on April 301h, 2021 unless otherwise extended by the City Council prior to the expiration. SECTION 2: If any section, 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 affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be in full force and effect upon its passage and approval. Passed this 2nd day of March, 2020. Ayes Nays Absent Abstain Alderman Devine Alderman Glab a' Alderman Harding X Alderman Mihevc a' Alderwoman Miller Alderman Santi a' Alderman Schaefer X //4w W y ett ayor Trisha Ramel, City Clerk /41Mlt °�i.:dn. 4/ ' C4'c CERTIFICATION I,MONTE JOHNSON, do hereby certify that I am the duly appointed, acting and qualified Deputy City Clerk of the City of McHenry, McHenry County, Illinois, and that as such Deputy City Clerk, I am the keeper of the records and minutes and proceedings of the Mayor and Council Members of said City of McHenry. I do hereby further certify that at a regular meeting of the Mayor and Council Members of the City of McHenry, held on the 2nd day of March, 2020, the foregoing Ordinance entitled An Ordinance Amending Title 7, Motor Vehicles and Traffic, Chapter 2; General Regulations, by adding Section 7-2-5, Operation of Non-Highway Vehicles on City Street, was duly passed by the City Council of the City of McHenry. I do further certify that the original, of which the attached is a true and correct copy, is entrusted to me as the Deputy City Clerk of said City for safekeeping, and that I am the lawful custodian and keeper of the same. GIVEN under my hand and seal this 3rd day of March 2020. 717" a. Monte Johnson, eputy City Clerk City of McHenry, McHenry County, Illinois (SEAL)