ordinance 1615-20 · a golf cart, as defined in 625 ilcs 5/1-123.9; and a recreational off-highway...

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Ordinance 1615-20 Passed on the 24th day of September, 2020 An Ordinance Amending Title 1, Chapter 16, Section 1-16-3, Schedule of Fees, Fines and Penalties for Title 7, Motor Vehicles and Traffic, Amending Title 7, Chapter 7, Section 7-7-2, Parking and Storage of Vehicles in Certain Districts, and Adding to Title 7, Chapter 14, Non-Highway Vehicles of the Island Lake Village Code to Allow for Golf Carts

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Page 1: Ordinance 1615-20 · A golf cart, as defined in 625 ILCS 5/1-123.9; and A recreational off-highway vehicle, as defined in 625 ILCS 5/1-168.8. 7-14-3 LIMITATIONS ON USE OF AUTHORIZED

Ordinance 1615-20

Passed on the 24th dayof September, 2020

An Ordinance Amending Title 1, Chapter 16,Section 1-16-3, Schedule of Fees, Fines and

Penalties for Title 7, Motor Vehicles and Traffic,Amending Title 7, Chapter 7, Section 7-7-2, Parking

and Storage of Vehicles in Certain Districts, andAdding to Title 7, Chapter 14, Non-Highway

Vehicles of the Island Lake Village Code to Allowfor Golf Carts

Page 2: Ordinance 1615-20 · A golf cart, as defined in 625 ILCS 5/1-123.9; and A recreational off-highway vehicle, as defined in 625 ILCS 5/1-168.8. 7-14-3 LIMITATIONS ON USE OF AUTHORIZED

ORDINANCE 1615-20

An Ordinance Amending Title ly Chapter 16, Section 1-16-3, Schedule of Fees, Fines and

Penalties for Title 7, Motor Vehicles and Traffic, Amending Title 7, Chapter 7, Section 7-7-2,Parking and Storage of Vehicles in Certain Districts, and Adding to Title 7, Chapter 14, Non-

Highway Vehicles of the Island Lake Village Code to Allow for Golf Carts

WHEREAS, the Village of Island Lake is an Illinois municipal corporation in Lake and McHenryCounties and pursuant to the Illinois Municipal Code, the Village has the authority to modify theIsland Lake Village Code; and

WHEREAS, the Mayor and Board of Trustees desires to amend the provisions of the Island Lake

Village Code by amending Title 1, Chapter 16, Section 1-16-3, Schedule of Fees, Fines and

Penalties for Title 7, Motor Vehicles and Traffic and by adding to Title 7, Chapter 14, Non-Highway Vehicles.

NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the Village ofIsland Lake, Lake and McHenry Counties, Illinois, as follows:

SECTION 1: Title 1, Chapter 16, Section 1-16-3, Schedule of Fees, Fines and Penalties for Title7, Motor Vehicles and Traffic, of the Island Lake Village Code shall be amended by adding avehicle sticker fee for golf carts with the underline language being added as follows:

1-16-3 SCHEDULE OF FEES, FWES, AND PENALTIES, Title 7, Motor Vehicles and Traffic

CodeReference

Description Amount

Title 7, Motor Vehicles and Traffic7-1-2A

7-2-3A

Penalty for Driving Under the Influenceand/or Driving While a License isRevoked or SuspendedVehicle Sticker Fees

Not less than $1,250.00 and not more than

$2,500.00

Type of Vehicle FeePassenger vehicle for private use and

trucks of less than 2 ton capacity $25.00Freight or merchandise carrying vehiclesor trucks 2 tons capacity and over $27.50Motorcycles $18.75Motor Scooters

$18.75Golf Carts;l8.75

Recreational Off-highway Vehicle $18.75Public passenger vehicles with capacityover 7 persons (motor buses) $40.00Public passenger vehicles having capacity

An Ordinance Amending Title 1, Chapter 16, Section 1-16-3, Schedule of Fees, Fines and Penalties for Title 7,Motor Vehicles am} Traffic, Amemlmg Title 7, Chapter 7, Section 7-7-2, Parking ami Storage of Vehicles in

Certain Disfricts, andAddmg to Title 7, Chapter 14, Non-Highway Vehicles of the Island Lake Village Code toAllow for Golf Cafls, Page 1

Page 3: Ordinance 1615-20 · A golf cart, as defined in 625 ILCS 5/1-123.9; and A recreational off-highway vehicle, as defined in 625 ILCS 5/1-168.8. 7-14-3 LIMITATIONS ON USE OF AUTHORIZED

of less than 7 persons $21.25Others vehicles$33.75

SECTION 2: Title 7, Motor Vehicles and Traffic, Chapter 7, Parking Schedules andRegulations, Section 7-7-2, Parking and Storage of Vehicles in Certain Districts, Subsection A,

Rules and Definitions, of the Island Lake Village Code shall be amended by adding the underlinelanguage, as follows:

7-7-2 PARKING AND STORAGE OF VEHICLES IN CERTAIN DISTRICTS

A. Rules and Definitions: The language set forth in the text of this section shall beinterpreted in accordance with the following rules of construction. The singular

number includes the plural and the plural the singular; the present tense includesthe past and future tenses, and the future the present; the word "shall" is

mandatory, while the word "may" is permissive; the masculine gender includes

the feminine and neuter. Whenever a word or term defined hereinafter appears in

the text of this section, its meaning shall be construed as set forth in the definition

thereof. Synonyms, in common usage of certain words or terms, are shown

parenthetically. The following words and terms, wherever they occur in this

section, shall be interpreted as herein defined:

DISCARDED: Presently useless, thrown away or unclaimed. DISMANTLED:Vehicles which are stripped or have parts removed.

FIRST DIVISION VEHICLES: Vehicles which are designed for carrying notmore than ten (10) persons.

JUNKED: Of little use or value.

SECOND DIVISION VEHICLES: Vehicles which are designed for pulling orcarrying freight and those vehicles which are designed for carrying more than ten

(10) persons.

UNLICENSED: Dismantled, junlced or discarded vehicles not bearing currentlicense plates.

VEHICLE: All vehicles propelled or drawn by power other than muscular poweroriginally intended for use on public highways and authorized non-highwayvehicles as set forth in section 7-14-2 of this code.

SECTION 3: Title 7, Motor Vehicles and Traffic, of the Island Lake Village Code shall beamended by adding Chapter 14, Non-Highway Vehicles, as follows:

Aft Ordinance Amending Title I, Chapter 16, Section 1-16-3, Schedule of Fees, Fines and Penalties for Title 7,Motor Vehicles ami Traffic, Amending Title 7, Chapter 7, Section 7-7-2, Parking and Storage of Vehicles m

Certain Districts, ami Adding to Title 7, Chapter 14, Non-Highway Vehicles of the Island Lake Village Code toAllow for Golf Carts, Page 2

Page 4: Ordinance 1615-20 · A golf cart, as defined in 625 ILCS 5/1-123.9; and A recreational off-highway vehicle, as defined in 625 ILCS 5/1-168.8. 7-14-3 LIMITATIONS ON USE OF AUTHORIZED

CHAPTER 14

NON-HIGHWAY VEHICLES

7-14-1 DEFINITIONS

All terms used in this Chapter shall have the definitions provided in the IllinoisVehicle Code (625 ILCS 5).

7-14-2 OPERATION OF CERTAIN NON-HIGHWAY VEHICLES ONSTREETS IN THE VILLAGE

The following non-highway vehicles ("authorized non-highway vehicles") may beoperated on streets within the village of Island Lake, but only on those streets

solely under the jurisdiction of the village, and specifically excluding IllinoisRoute 176, Darrell Road, Dowell Road, Neville Road, River Road, Roberts Road,

and other locations where signs are posted by the village prohibiting suchoperation, where all authorized non-highway vehicles shall continue to be

prohibited:

A golf cart, as defined in 625 ILCS 5/1-123.9; andA recreational off-highway vehicle, as defined in 625 ILCS 5/1-168.8.

7-14-3 LIMITATIONS ON USE OF AUTHORIZED NON-HIGHWAYVEHICLES

A. An authorized non-highway vehicle may be operated within the villageonly on streets where the posted speed limit is 25 miles per hour or less,

but this does not prohibit an authorized non-highway vehicle fromcrossing a road or street at an intersection where the road or street has a

posted speed limit of more than 35 miles per hour. Any authorized non-

highway vehicle crossing Illinois Route 176 shall do so at the signalizedintersections with Newport Court and Eastway Drive/Beech Street.

B. A person may not operate an authorized non-highway vehicle upon any

street in the village unless he or she is 16 years of age or older and has a

valid Illinois driver's license issued in his or her name by the IllinoisSecretary of State; and unless a current, valid vehicle sticker is displayed

on such authorized nonhighway vehicle as required by Chapter 2, "Vehicle

Licensing," of this village code; and the operator has in his possession the

required proof of insurance for such vehicle, as required by the Illinois

Vehicle Code.

Aft Ordinance Amending Title 1, Chapter 16, Section 1-16-3, Schedule of Fees, Fines and Penalties for Title 7,Motor Vehicles and Traffic, Amending Title 7, Chapter 7, Section 7-7-2, Parking and Storage of Vehicles m

Certain Districts, amlAddmg to Title 7, Chapter 14^ Non-Htghway Vehicles of the Island Lake Village Code toAllow for Golf Carts, Page 3

Page 5: Ordinance 1615-20 · A golf cart, as defined in 625 ILCS 5/1-123.9; and A recreational off-highway vehicle, as defined in 625 ILCS 5/1-168.8. 7-14-3 LIMITATIONS ON USE OF AUTHORIZED

C. A person may not operate an authorized non-highway vehicle upon any

street in the village unless the owner acknowledges receipt of the pertinent

regulations concerning the operation of an authorized non-highway vehicle

on the village s streets, has provided the village proof of insurance, and

has shown the authorized non-highway vehicle complies with state and

local statutes, regulations, and requirements. Further, the owner shall

indemnify and hold the village, its elected officials, officers, agents,

employees, and representatives harmless from any liability and any and all

claims resulting from the operation of an authorized non-highway vehicle

on the streets of the village.

D. No authorized non-highway vehicle may be operated on a village street

unless, at a minimum, it has the following: brakes, a steering apparatus,

tires, a rearview mirror, red reflectorized warning devices in the front and

rear, a "slow moving" emblem (as required of other vehicles in 625 ILCS

5/12-709) on the rear of the authorized non-highway vehicle, a headlightthat emits a white light visible from a distance of 500 feet to the front, atail lamp that emits a red light visible from at least 100 feet from the rear,brake lights, and turn signals. When operated on a village street, an

authorized non-highway vehicle shall have its headlight and tail lampslighted as required by 625 ILCS 5/12-201.

E. A person who drives or Is in actual physical control of an authorized non-

highway vehicle on a street while under the influence is subject to 625ILCS 5/11-500 through 625 ILCS 5/11-502 of the Illinois Vehicle Code.

F. Any person who operates an authorized non-highway vehicle on a street

within the village shall be subject to the mandatory insurance requirements

under the Illinois Vehicle Code.

G. Except as otherwise provided in this Chapter, it is unlawful for any person

to drive or operate an authorized non-highway vehicle upon any street in

this village.

7-14-4 PENALTY

Any person violating any of the provisions of this chapter shall be fined inaccordance with the general penalty provisions contained in section 1-4-1 of this

code for each offense, and each day any authorized non-highway vehicle is used

upon the streets of the village without having a license issued therefor as herein

provided and without having complied with the provisions of this chapter shall beconsidered a separate and distinct offense.

SECTION 4; In the event that any section, clause, provision, or part of this Ordinance shall be

An Ordinance Amending Title 1, Chapter 16, Section 1-16-3, Schedule of Fees, Fines and Penalties for Title 7,Motor Vehicles ami Traffic, Amemling Title 7, Chapter 7, Section 7-7-2, Parking ami Storage of Vehicles m

Certain Districts, and Adding to Title 7, Chapter 14, Non-Hig/iway Vehicles of the Island Lake Village Code toAllow for Golf Carts, Page 4

Page 6: Ordinance 1615-20 · A golf cart, as defined in 625 ILCS 5/1-123.9; and A recreational off-highway vehicle, as defined in 625 ILCS 5/1-168.8. 7-14-3 LIMITATIONS ON USE OF AUTHORIZED

found and determined to be invalid by a court of competent jurisdiction, all valid parts that are

severable from the invalid parts shall remain in full force and effect.

SECTION 5: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.

SECTION 6: This Ordinance shall be in full force and effect from after its passage and approval.

PASSED on the 24th day of September, 2020.

Chris Carlsen

Charles Cermak

Harold EnglandRichard McLaughlinDan PowellWill Ziegler

AYESx

x

x

x

x

NAYS ABSTAIN ABSENT

x

APPROVED on the 25th day of September, 2020

Charles R. Airfnch, Mayor

ATTEST:

Village Clerk Georgfttc"CooperZ:\!\lsSanciLake\Orditiances\GoIf Carts v2.doc

Alt Ordinance Amending Title 1, Chapter 16, Section 1-16-3, Schedule of Fees, Fines and Penalties for Title 7,Motor Vehicles ami Traffic, Amendmg Title 7, Chapter 7, Section 7-7-2, Parhnig amf Storage of Vehicles in

Certain Districts, and Adding to Title 7, Chapter 14, Non-Highway Vehicles of 'the Island Lake Village Code toAllow for Golf Carts, Page 5

Page 7: Ordinance 1615-20 · A golf cart, as defined in 625 ILCS 5/1-123.9; and A recreational off-highway vehicle, as defined in 625 ILCS 5/1-168.8. 7-14-3 LIMITATIONS ON USE OF AUTHORIZED

CERTIFICATION

I, Georgine Cooper, do hereby certify that I am the duly qualified Clerk of the Village ofIsland Lake, Lake and McHenry Counties, Illinois, and that as such Clerk, I am the keeper of the

ordinances, records, corporate seal and proceedings of the Mayor and Board of Trustees of said

Village of Island Lake.

I do hereby further certify that at a meeting of the Mayor and Board of Trustees of the

Village of Island Lake, held on the 24th day of September, 2020, the foregoing Ordinanceentitled An Ordinance Amending Title 1^ Chapter 16, Section 1-16-3, Schedule ofFees^ Fines

and Penalties for Title 7, M^otor Vehicles and Traffic^ Amending Title 7, Chapter 7, Section 7-

7-2, Parking and Storage of Vehicles in Certain Districts, and Adding to Title 7, Chapter 14,Non-Highway Vehicles of the Island Lake Village Code to Allow for Golf Carts was dulypassed and approved by the Mayor and Board of Trustees of the Village of Island Lake.

The pamphlet form of Ordinance No. 1615-20, including the Ordinance and a cover sheet

thereof, was prepared, and a copy of such Ordinance was available from the Village Clerk

commencing on the 25th day of September 2020, and continuing for at least 10 days thereafter.

I do further certify that the original, of which the attached is a true and correct copy, is

entrusted to me as the Clerk of said Village for safekeeping, and that I am the lawful custodianand keeper of the same.

IN WITNESS WHEREOF, I have affixed my name as Clerk and caused the seal of saidVillage to be affixed hereto this 25th day of September, 2020.

fn^-)rgine\.o offer, Clerk,

Village of Island LakeLake and McHenry Counties, Illinois