title An Ordinance Amending Chapter 72 of the Village Code of Ordinances to Regulate the Operation of Non-Highway Vehicles Within the Village
body WHEREAS, the Village of Romeoville is a home-rule unit of local government pursuant to Article VII, Section 6 of the Illinois Constitution of 1970; and
WHEREAS, the Village seeks to promote public safety and welfare by regulating the operation of non-highway vehicles within its jurisdiction; and
WHEREAS, the Village finds it necessary to amend Chapter 72 of the Village Code of Ordinances to clarify and regulate the operation of non-highway vehicles on public property and to ensure compliance with applicable state laws, including 625 ILCS 5/11-1426.1;
NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES FOR THE VILLAGE OF ROMEOVILLE, WILL COUNTY, ILLINOIS; THAT:
SECTION 1: RECITALS. The foregoing recitals are hereby incorporated into this Ordinance as if fully set forth herein.
SECTION 2: ADDITION TO CHAPTER 72 OF THE VILLAGE CODE OF ORDINANCES. Those provisions of all heretofore adopted in the Village Ordinances codified as and for Chapter 72.49 of the Village Code of Ordinances are hereby amended to add and read as hereinafter set forth:
§72.49 OPERATION OF NON-HIGHWAY VEHICLES
(A) As used in this Section, "non-highway vehicle" means a motor vehicle not specifically designed to be used on a public highway, including:
1. All-terrain vehicle. Any motorized off-highway device designed to travel primarily off-highway, 50 inches or less in width, having a manufacturer's dry weight of 1,500 pounds or less, traveling on 3 or more non-highway tires, designed with a seat or saddle for operator use, and handlebars or steering wheel for steering control, except equipment such as lawnmowers.;
2. Golf Cart. 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.
3. Off-highway motorcycle. Any motorized device designed to travel primarily off-highway on 2 wheels, having a seat or saddle for the use of the operator, upon or by which any person, persons or property may be transported or drawn.; and
4. Recreational off-highway vehicle. Any motorized off-highway device designed to travel primarily off-highway, 64 inches or less in width, having a manufacturer's dry weight of 2,000 pounds or less for gas-powered engines or 3,000 pounds or less for electric-powered engines, traveling on 4 or more non-highway tires, designed with a non-straddle seat and a steering wheel for steering control, except equipment such as lawnmowers.
(B) No person shall operate any non-highway vehicle upon any public highway, street, roadway, or right-of-way within the Village of Romeoville.
(C) Exceptions. This prohibition shall not apply to:
1. Village personnel operating non-highway vehicles in the course of official Village business or while performing duties on behalf of the Village, or while performing authorized tasks on behalf of the Village under contract, intergovernmental agreement, or official duty assignment, whether on public roads, rights-of-way, or otherwise; or
2. Agents or employees of a homeowners’ association (HOA), operating non-highway vehicles within the scope of their employment or agency, and solely for the purpose of conducting HOA-related maintenance, repair, inspection, landscaping, or similar activities.
(D) Compliance with State Law. Any operation of a non-highway vehicle pursuant to the exceptions in Subsection (B) shall be conducted in accordance with all applicable provisions of 625 ILCS 5/11-1426.1(e) through (g), including but not limited to observance of the rules of the road, use of turn signals, insurance requirements and prohibitions against operating while under the influence or in a reckless manner.
(E) Penalty. Any person who violates this section shall be subject to a fine as set forth in § 70.99, and each day of violation shall constitute a separate offense.
SECTION 3: SEVERABILITY. That the various provisions of this Ordinance are to be considered severable and if any part or portion of this Ordinance shall be held invalid by any Court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Ordinance.
SECTION 4: CONFLICTS. All prior Ordinances and Resolutions, or parts thereof in conflict or inconsistent with this Ordinance are hereby expressly repealed only to the extent of such conflict or inconsistency.
SECTION 5: EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law, subject to final Village Manager and Village Attorney review and approval.