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