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Public Safety Minutes 2012 09-06-12 APPROVED 10/4/12 UNITED CITY OF YORKVILLE PUBLIC SAFETY MEETING Thursday, September 6, 2012 6:30pm City Hall Conference Room In Attendance: Chairman Carlo Colosimo Alderman Larry Kot Alderman Rose Spears Absent: Alderman Chris Funkhouser Other City Officials in Attendance: City Administrator Bart Olson Police Chief Rich Hart Deputy Chief Larry Hilt Others in Attendance: Tony Scott, Kendall County Record John Holden, Raintree John Bulthuis, Raintree Chris Carlisle, Raintree Ted Lemmy, Raintree The meeting was called to order at 6:30pm by Chairman Colosimo and a quorum was established. Chairman Colosimo asked the committee to move Old Business, Item #1, PS 2012-20 Golf Carts in Subdivisions, to be first on the agenda. Minutes for Correction/Approval: None Citizen Comments: Ted Lemmy of Raintree Village, thanked the committee for allowing his group time to discuss electric vehicles [golf carts]. He said the Homeowner’s Association had provided land for a bike trail and had been funding improvements on their ponds and he hoped the Committee might consider their request. He said the HOA would pay for the signage and that license plate fees would cover inspection costs. Also present was John Holden from Raintree Village. He said a golf-cart community adds a sense of an upscale community in any advertising and makes Yorkville look 1 progressive when people consider moving here. He also said any local certified mechanic could inspect the vehicles and there is a golf cart manufacturer in Yorkville who could also do inspections. Each cart owner would pay for their own inspection and the fee for the license plate would cover any City costs. The group of residents said there are no plans to use the carts outside of Raintree or Windett Ridge so no IDOT certification is needed. Mr. Holden presented a sample ordinance this group had drafted to legalize the idea and he also brought a copy of the law. The documents are to be included as part of these official minutes. Mr. Chris Carlisle of Raintree also said he supports this idea. John Bulthuis, also of Raintree, said these vehicles provide a green aspect and allow him to use his auto less, which is beneficial for the environment. Mr. Holden added that other communities will see that the concept works and it could become part of all of Yorkville. He said that real estate is also more valuable and other towns in Illinois such as Elgin, already have golf club communities. Old Business ( moved up on agenda) 1. PS 2012-20 Golf Carts in Subdivisions Alderman Kot asked if such an ordinance could be approved for just one subdivision. Mr. Olson said he has researched the ordinance and law and that engineering studies and signage would be necessary. The idea cannot be exclusive to one part of a municipality. He has discussed this briefly with City Attorney Kathleen Orr. Having visited the Del Webb Community, Mr. Kot said the subdivision was designed for the use of golf carts, but they cannot cross a State highway. Since they cannot be used to go shopping, he said it would have a limited use. He likes the concept, but wondered if the City would incur costs. Chief Hart also said he is not opposed to these vehicles, however an engineering study would be needed and his department would not be able to monitor all subdivisions when the interest begins to snowball. He said there are about 56 subdivisions in town. Alderman Spears said that engineering study costs would be about $20,000 if EEI conducted the study. Chairman Colosimo was concerned about licensing, inspections etc. and views this proposal from a liability standpoint. He agreed with Chief Hart that it is a great idea, but he has reservations about adequate police manpower and keeping the City liability to a minimum. He would want City personnel to conduct inspections or the City could be liable for lawsuits. Mr. Holden said the cart owners would have to sign a waiver and have insurance. Mr. Lemmy asked if the HOA could pay for the necessary studies. Mr. Olson stated that the City would not be able to enforce the ordinance since Yorkville is a non-home rule community. Mr. Holden said he thinks the State gives the City the 2 authority to limit what streets allow the carts. He asked the City to “give it a try” as a temporary idea and added that not that many people would own a golf cart at $5,000 per cart. This item will be tabled until the October Public Safety meeting under Old Business and the committee will also request a legal opinion and cost estimates for a localized study or for the entire City. New Business: 1. PS 2012-23 Police Reports for August 2012 th There was no discussion and this item will move forward to the September 25 Council consent agenda. 2. PS 2012-24 Ordinance Amending Liquor Code Regarding Number of Patio Licenses Currently there are 8 liquor licenses that allow outdoor seating and all are used. A request has been received from a proposed Mexican Restaurant and the ordinance would have to be amended to allow 9. It was noted that new liquor licenses may be approved, however, it does not guarantee that a particular business will be given that license. It was stated there are very few problem with liquor-serving businesses in town. All committee members approved of an additional license with Alderman Kot adding that he wants to make sure there is no objection from the Police. th By committee consensus, this will move forward to the September 25 regular Council agenda. 3. PS 2012-25 KenCom Lease Agreement Veto Discussion Alderman Spears reported that the KenCom Board voted on their lease agreement and that Plano, Village of Newark, Newark Fire Department and she voted no. The biggest concern is the rent being charged which is $45,000 now and $56,200 in the year 2040. She said many members voted for a longer lease term, suggesting 30 years. Only 2 municipalities are needed to veto the vote at the next meeting. The committee discussed the suggested lengths of a lease agreement and whether or not the municipalities want to pay the amounts being asked. Alderman Kot says he supports a veto. Chairman Colosimo felt that with surcharges, municipality residents are double paying and that the money goes directly to the County. He also recommended a veto and said the City cannot afford to implement their own communication system at this time. Alderman Kot asked if the City can opt out before 10 years if the City vetos, but if the vote is overridden. There is an opt-out clause that would allow this after 4 or 5 years, but Chief Hart thought there is a question as to whether or not that could legally be done. He noted the County has an option to leave at any point. th The committee supports a veto and this will move to the September 25 Council meeting. th The next KenCom Board meeting is September 27. Additional Business - none 3 There being no further business, Alderman Spears moved to adjourn the meeting and Alderman Kot seconded. Unanimous voice vote approval. Meeting adjourned at 7:13pm. Minutes transcribed by Marlys Young, Minute Taker 4 UNITED CITY OF YORKVILLE ORDINANCE No. 2012-???? AN ORDINANCE AUTHORIZING THE OPERATION OF QUALIFIED GOLF CARTS ON STREETS UNDER THE JURISDICTION OF THE UNITED CITY OF YORKVILLE, ILLINOIS STATE OF ILLINOIS ) )SS COMM4-T OF KENDALL ) ORDINANCE 2012-????? AM O0 OHMANCE AUTHORIZING THE OPERATION OF QUALIFIED GOLF CAWTS ON STREETS UNDER THE JURISDICTION OF THE MM07 D C F Y OF YORKVILLE, ILLINOIS M9i HEREAS, the UNITED CITY OF YORKVILLE has da�ermoned �haq the operation of qualified golf carts and utility goOff caries and utility-terrain vehicles (not intended for 4 whee ers) shouOd be allowed under certain conditions on the stireefs under qhe jurisdiction of the UNITED CITY OF YORKVILLE; and MCz1C REAS, the Illinois Vehicle Code Section 625 ILCS 5/11- �6260 1 e� seq. aughorizes municipalities, by ordinance to permit quaWded 9 0Off carts �o operate in the streets under the �uiftdocNon off the mmnMpality, and TWHIL° MM, i he 000onois Vehicle Code Section 6251LCS 5/11- d ,a2M Qd) aughorotes munMpaflUes, by ordinance to permit qua0Med ugMgy4erraon vehMes (not intended for 4 wheelers) as defined ghereon as "MebShborhood Vehicles°® to be operated on the streets under the jui1sdocftn of the municipality if public safety wouOd noff be and WHERELQS, qhs UM 'TFF0 C04Y GIF YORKVILLE has considered the volume, speed and character of the traffic on the streets within its jurisdiction and has determined that, subject to the conditions stated herein and the provisions of 625 ILCS 5/11- 1426.1 et seq., has determined the qualified golf carts and utility- 1 terrain vehicles, as defined herein, may safely operate on the streets within the jurisdiction of the CITY; and WHEREAS, the UMU7ED C UTY OF YORKVILLE wishes to enact an ordinance which sha00 allow qualified golf carts and utility-terrain vehicles (not intended for 4 wheelers) to operate on municipal streets upon the terms and conditions stated herein. NOW THEREFORE, BE IT ORDAUM D BY THE UNITED CITY OF YORKVILLE CITY COUNCIL as follows-. SECTION ONE: Chapter ??9 Section ?? of the Traffic and Vehicles Code, of the UNITED C97Y OF YORKVILLE Municipal Code is hereby amended to 5nc0aude qhe text set forth as follows: Chapter??, SECTION??: golf carts and utility-terrain vehicle, as defined and qualified herein shall be allowed on CITY streets under the conditions as stated herein. Sec.62-14Definitions: 1. A ° SoN Cart" is defined as a motorized vehicle with three or four wheels that is not designed to be operated at a speed of more than twenty five miles per hour (25 m.p.h) whose purpose can 5nc0ude, but is not limited to, the playing of golf and is genera00y designed to carry persons including the driver. 2. "UtMgy-4errain Vehicle"' (not intended for 4 wheelers) shall mean a self-propelled, electrically powered four wheel motor vehicle or self-propelled gasoline or diesel powered four wheeled m®t®r vehicle with an engine displacement under 1,200 cubic canUmeters which is capable of attaining in one mile speed of more than 15 miles per hour and which conforms to the federa0 regulations under 40t0e ag C.F.R. Part 571.500 3. "CITY Streets" means any cf qhe streets or alleys ded°ocated within the Boundaries of qhe UM07[ED C07T OF r(OO RKVILLE. Sec. ??9 Requirements: La00 persons wishing to operate a golf cart or a utility-terrain eehdc0e on the CITY streets must ensure comp05ance wEgh the fc00awing requirements: °u n pr®®f of current liability insurance-, 2 2. Must be certified with the CITY and have the vehicles certified with the CITY by inspection by the UNITED CITY OF YORIKVILLE or its designated representative; 3. Must have CITY decal on the rear of the vehicle; 4. Must have current, valid Illinois driver's license; 5. Golf carts must be equipped as follows: a. Horn; b. Brakes and brake lights; c. Turn Signals; d. A steering wheel apparatus; e. Tires; f. Rearview Mirror; g. Approved "Slow Moving Vehicle" emblem on the rear of the vehicle (625 ILCS 5/12-709); h. Headlight that emits a white light visible from a distance of 300 feet to the front of which illuminate when in operation; L Tail lamp that emits red light visible from at least 100 feet from the rear which must be illuminated when in operation; j. Any additional requirements which may be amended to 65 ILCS5/11-1426.1 et seq. or the Illinois Vehicle Code. 6. Utility- terrain Vehicles must be equipped as follows: a. Horn; b. Brakes and brake lights; c. Turn signals on the front and d. A steering wheel apparatus; e. Tires; f. Rearview Mirror; g. Approved "Slow Moving Vehicle" emblem on the rear aq the vehicle (625 ILCS 5/12-709); h. Headlight that emits a white light visible from a distance of 300 feet to the front of which illuminate when do operation; 1. Tail Lamp that emits red light visible from at least 108 feet from the rear which must be illuminated when ova operation; . Any additional requirement s which may be amended to 55 OLCS 5/11-1426.1 et seq. or the Winois VeMcie Code-, 3 7. Must obey all traffic laws of the State of Illinois and the UNITED CITY OF YORKVILLE. 6. Must be 16 years of age. 9. Must be operated only on CITY streets as defined, except where prohibited. 10. Must not be operated in excess of posted speed limit and, with respect to utility-terrain vehicles, may not exceed25 miles per hour. 11. A person operating or is in actual physical control of a golf cart or utility-terrain vehicle as described herein on a roadway while under the influence is subject to Section 11-500 through 11-502 of the Illinois Compiled Statutes (625 ILCS 5/11- 500-11- 502) 12. Golf carts and utility-vehicle shall not be operated on side walks or in CITY parks other than parking areas. 13. Golf carts and utility-terrain vehicles may not be operated on streets and County highways and roads under the jurisdiction of H05nois Department of Transportation (BMnons State Route 7, 126 971). Sec.?? PERMITS.- I. Goo person shall operate a quaOofoed SoOff cart or a�toOoty�terraon veh5cOe without first obtaWng7 a permit from the UM07ED C07T OF 17ORKWILLE its designated representaUve as prav5ded hereM. permHts shall be granted for a perood of one Qfl year and renewed wothin three months of exporation. TO9e cost off the permit os $25.00. Insurance coverage is to be verofoed by the Mfg H7ED C 9'TV OF '7ORKWULLE or their designated representative when obtaining or renewing a permit. 2. Every application for a permit shall be made on a form supplied by the UNITED COTY OF YORKVILLE and shall contain the foOOowingo a. Name and address of applicant/and owner, if different; b. Rlame and address of the Liability insurance carrier and Msurance agent; c. The serW number, make, model and description of golf cart or utMty terrain vehicle; d. Signed Maiver of Liability by applicant releasing the UNITED CNH'TV OF VORKV� LLE and agreeing to indemnify and hold the 4 CITY harmless from any and all gutmre claims resulting ffrom the operation of their golff cart or uUHgy terraM vehicle an the UNITED CITY OF YORKVIILt,LL C streets; e. Photocopy of applicable 05abol6ty Insurance coverage card specifically for the vehicle to be operated pursuant to the permit; f. Verification by applicant that all onfformaUon contained �.n the permit application is true and accuirate: g. Such other information as the COTY may requEre. 3. Mo permit shall be granted unless the following conditions are met-. a. The vehicle must be inspected by the UNITED CITY ®f,F YORKVILLE or its designated representative to insure that the vehicle is safe to operate on CITY streets and is In compHance with this ordinance and with the State of Illinois Motor Vehicle Code; b. A physically handicapped applicant must be su[br 5HIng a certificate signed by a physician certifying that the applicant os able to safely operate a qualified golf cart or utility-terrain vehicle on CITY streets; c. The applicant must provide evidence of insurance in compliance with provisions of the Illinois Statutes regarding minimum liability insurance for passenger motor vehicle to be operated on the roads of the State of Illinois. 4. The CITY President of the UNITED CITY OF YORKVILLE may suspend a permit granted hereunder upon finding that the holder there of has violated any provision of this ordinance or there is evidence that permit holder cannot safely operate a qualified golf cart or utility-terrain vehicle on the designated roadways. Such suspension shall be in effect until the next scheduled UNITED CITY OF YORKVILLE Council meeting at which time said Board of Trustees shall by majority vote determine to continue such suspension or revoke said permit. Sec.??, VIOLATIONS: Any person who violates any provisions of this ordinance shall be guilty of a petty offence and shall be punished by a fine of $25.00. Any second or subsequent offense shall result in the revocation of the permit for a period of not less than three (3) nor more than five (5) months. To the extent that any violation of this ordinance also constitutes a violation of a criminal statute of the 5 State of Illinois, then the violator shall also be subject to criminal prosecution. SECTION ?%e This Ordinance shall be in full force and effect upon its adoption by the City Council of the UMFTEDD 00Tff OF YORKVILLE, Illinois. Any ordinance, or portion thereof, of the UNITED CITY OF YORKVILLE which is contrary to this ordinance shall be deemed to be repealed. In the event that a court of competent jurisdiction declares any particular provision of this ordinance to be invalid or unenforceable, the remaining provisions of this ordinance shall be construed to be valid and enforceable the invalidity of any part of this ordinance shall not affect any part of parts thereof. 6 n& y Y ±_i^c! i :y;siation & Laws Senate House My Legislation p Bills &Resolutions Illinois Compiled Statutes CompiledStatutes .. ..._.�_�._._,..._..�..�.��..,.-�.-���..- . �.�..�...-,� ,��,,.......�...w..,__..A.._. ILCS Listing Public Acts Search Guide Disclaimer Public Acts Information maintained by the Legislative Reference Bureau Legislative Reports Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. IL Constitution Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the Legislative Guide relationship between statutes and Public Acts, refer to the Guide. Legislative Glossary Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act Search By Num be that has not yet taken effect, the version of the law that is currently in effect may have (example:HB0001) already been removed from the database and you should refer to that Public Act to see the changes made to the current law. Go Search Tips (625 ILCS 5/11-1426.1) Sec. 11-1426.1. Operation of non-highway vehicles on Search By Keyword streets, roads, and highways. _.... (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) an all-terrain vehicle, as defined by Section LD Alternate Search 1-101.8 of this Code; (2) a golf cart, as defined by Section 1-123. 9; Search T.ps (3) an off-highway motorcycle, as defined by Section 1-153. 1; and Advanced Search (4) a recreational off-highway vehicle, as defined by Section 1-168.8. (b) Except as otherwise provided in this Section, it is unlawful for any person to drive or operate a non-highway ATE vehicle upon any street, highway, or roadway in this State. If the operation of a non-highway vehicle is authorized under subsection (d) , the non-highway vehicle may be operated only on streets where the posted speed limit is 35 miles per hour xe ;e or less. This subsection (b) does not prohibit a non-highway vehicle from crossing a road or street at an intersection where the road or street has a posted speed limit of more than 35 miles per hour. (b-5) A person may not operate a non-highway vehicle upon any street, highway, or roadway in this State unless he or she has a valid driver's license issued in his or her name by the Secretary of State or by a foreign jurisdiction. (c) Except as otherwise provided in subsection (c-5) , no person operating a non-highway vehicle shall make a direct crossing upon or across any highway under the jurisdiction of the State, tollroad, interstate highway, or controlled access highway in this State.. w w.ilga.gov/legislation/ilcs/fulltext.asp?DocN ame=062500050K11-1426.1 (c-5) A person may make a direct crossing at an intersection controlled by a traffic light or 4-way stop sign upon or across a highway under the jurisdiction of the State if the speed limit on the highway is 35 miles per hour or less at the place of crossing. (d) A municipality, township, county, or other unit of local government may authorize, by ordinance or resolution, the operation of non-highway vehicles on roadways under its jurisdiction if the unit of local government determines that the public safety will not be jeopardized. The Department may authorize the operation of non-highway vehicles on the roadways under its jurisdiction if the Department determines that the public safety will not be jeopardized. The unit of local government or the Department may restrict the types of non-highway vehicles that are authorized to be used on its streets. Before permitting the operation of non-highway vehicles on its roadways, a municipality, township, county, other unit of local government, or the Department must consider the volume, speed, and character of traffic on the roadway and determine whether non-highway vehicles may safely travel on or cross the roadway. Upon determining that non-highway vehicles may safely operate on a roadway and the adoption of an ordinance or resolution by a municipality, township, county, or other unit of local government, or authorization by the Department, appropriate signs shall be posted. If a roadway is under the jurisdiction of more than one unit of government, non-highway vehicles may not be operated on the roadway unless each unit of government agrees and takes action as provided in this subsection. (e) No non-highway vehicle may be operated on a roadway 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 Section 12-709 of this Code) on the rear of the non-highway vehicle, a headlight that emits a white light visible from a distance of 500 feet to the front, a tail lamp that emits a red light visible from at least 100 feet from the rear, brake lights, and turn signals. When operated on a roadway, a non-highway vehicle shall have its headlight and tail lamps lighted as required by Section 12-201 of this Code. (f) A person who drives or is in actual physical control of a non-highway vehicle on a roadway while under the influence is subject to Sections 11-500 through 11-502 of this Code. (g) Any person who operates a non-highway vehicle on a street, highway, or roadway shall be subject to the mandatory insurance requirements under Article VI of Chapter 7 of this Code. (h) It shall not be unlawful for any person to drive or operate a non-highway vehicle, as defined in paragraphs (1) and (4) of subsection (a) of this Section, on a county roadway or township roadway for the purpose of conducting farming operations to and from the home, farm, farm buildings, and any adjacent or nearby farm land. w w.ilga.gov/legislation/ila/fulltext.asp?DocN ame=062500050K11-1426.1 Non-highway vehicles, as used in this subsection (h) , shall not be subject to subsections (e) and (g) of this Section. However, if the non-highway vehicle, as used in this Section, is not covered under a motor vehicle insurance policy pursuant to subsection (g) of this Section, the vehicle must be covered under a farm, home, or non-highway vehicle insurance policy issued with coverage amounts no less than the minimum amounts set for bodily injury or death and for destruction of property under Section 7-203 of this Code. Non- highway vehicles operated on a county or township roadway at any time between one-half hour before sunset and one-half hour after sunrise must be equipped with head lamps and tail lamps, and the head lamps and tail lamps must be lighted. Non-highway vehicles, as used in this subsection (h) , shall not make a direct crossing upon or across any tollroad, interstate highway, or controlled access highway in this State. Non-highway vehicles, as used in this subsection (h) , shall be allowed to cross a State highway, municipal street, county highway, or road district highway if the operator of the non-highway vehicle makes a direct crossing provided: (1) the crossing is made at an angle of approximately 90 degrees to the direction of the street, road or highway and at a place where no obstruction prevents a quick and safe crossing; (2) the non-highway vehicle is brought to a complete stop before attempting a crossing; (3) the operator of the non-highway vehicle yields the right of way to all pedestrian and vehicular traffic which constitutes a hazard; and (4) that when crossing a divided highway, the crossing is made only at an intersection of the highway with another public street, road, or highway. (i) No action taken by a unit of local government under this Section designates the operation of a non-highway vehicle as an intended or permitted use of property with respect to Section 3-102 of the Local Governmental and Governmental Employees Tort Immunity Act. (Source: P.A. 96-279, eff. 1-1-10; 96-1434, eff. 8-11-10; 97- 144, eff. 7-14-11. ) Home I Legislation & Laws I House I Senate I My Legislation I Disclaimers I Email This site is maintained for the Qlinois General Assembly by the kL�q� Legislative Information System,705 Stratton Building,Springfield, ulinois 62706 .fnFOtmastionstystam 217-782-3944 217-782-2050(TTY) w w.ilga.gov/legislation/ilcs/fulitext.asp?DocN ame=062500050K11-1426.1