[Adopted 8-25-2021 by Ord. No. 21-035; amended 7-12-2023 by Ord. No. 23-035]
Pursuant to 625 ILCS 5/11-1426.1(d), the Village has considered the volume, speed, and character of traffic on the local roadways and has determined that certain nonhighway vehicles may safely travel on the local roadways under certain provisions as specified herein this article without jeopardizing public safety.
As used in this article, the following terms shall have the meanings indicated:
ALL-TERRAIN VEHICLE
A 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 or three or more nonhighway tires, designed with a seat or saddle for operator use, and handlebars or steering wheel for steering control, except equipment such as lawnmowers. Also known as an ATV.
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.
OFF-HIGHWAY MOTORCYCLE
Any motorized device designed to travel primarily off-highway on two 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. Also known as a dirt-bike.
OFF-ROAD MOTOR VEHICLE
Includes all-terrain vehicles, golf carts, off-highway motorcycles and recreational off-highway vehicles as defined in this article.
RECREATIONAL OFF-HIGHWAY VEHICLE
A 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 four or more non-highway tires, designed with a nonstraddle seat and a steering wheel for steering control, except equipment such as lawnmowers.
Golf carts are permitted to operate on Village roadways with a speed limit of 25 miles per hour or less if they meet all of the following provisions:
A. 
Registration. Golf carts must be registered with the Village and display proof of current registration on the bumper or in another prominent visible location on the rear of the vehicle. Registration shall be renewed annually.
B. 
Equipment. Golf carts must have all of the following safety equipment installed and fully operational: brakes, a steering apparatus, tires, a rearview mirror, red reflectors in the front and rear, a slow moving emblem on the rear, headlights that emits a white light visible from a distance of 500 feet in 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 operating on the roadway, headlights and tail lamps must be lit to the standards under 625 ILCS 5/12-201.
C. 
License required. Golf carts may only be operated by drivers with a valid Illinois driver's license issued by the Illinois Secretary State.
D. 
Towing prohibited. It shall be unlawful for a golf cart to have a tow hitch or pull a trailer or any cargo on Village roadways.
E. 
Insurance. All golf carts operating on Village roadways must be insured for personal injury and property, with limits not less than the state minimum requirements for Illinois passenger vehicles.
F. 
Other applicable laws. All golf carts driven within Village limits must comply with the provisions of the Illinois Vehicle Code, as well as all local, state and federal laws, regulations or ordinances, including but not limited to those pertaining to off-highway vehicles and the operation thereof.
A. 
All applications for registration must contain the following:
(1) 
The name and address of the owner of the golf cart.
(2) 
A certificate of insurance verifying that the golf cart and any operators have the minimum required insurance as specified in this article.
(3) 
A signed waiver and release of claims against the Village as well as an agreement to indemnify and hold harmless the Village for any liability related to operating a golf cart on Village roadways.
(4) 
An affidavit signed by the applicant stating that the applicant has inspected the golf cart, and that it is equipped and insured as required by this article, and that all required equipment is in operational condition.
(5) 
An initial application fee.
B. 
Upon review and verification of a complete registration application, the Village shall issue proof of registration.
C. 
Golf cart registration shall expire on April 30 of each year unless otherwise revoked by the Village for noncompliance with of this article. Registration must be renewed annually with updated forms and annual registration fee.
It shall be unlawful for any person to operate an off-road motor vehicle in the Village under any of the following conditions:
A. 
At a rate of speed that is unreasonable or improper under the circumstances.
B. 
On public property, including, but not limited to, sidewalks, school grounds, park property, playgrounds, recreational areas and golf courses, without express provisions or written permission to do so by the proper public authority.
C. 
No off-road motor vehicle shall be operated within the right-of-way of any public street unless the vehicle complies with all state laws relating to motor vehicles to be operated on streets and highways and the operator has a valid state driver's license. An off-road motor vehicle may be towed on the streets in compliance with all laws related to towing.
D. 
On the private property of another without the express written permission of the owner or lessee of the property; failure to post signs does not imply consent for off-road motor vehicle use.
E. 
In a careless, reckless or negligent manner so as to endanger the safety of any person or property of any other person.
F. 
While under the influence of intoxicating liquor or controlled substances or drugs.
G. 
In a manner so as to create loud, unnecessary or unusual noise so as to disturb or interfere with the peace and quiet of other persons.
H. 
It shall be unlawful for any parent or any legal guardian of any minor to permit, authorize, allow or acquiesce in the operation of unlicensed off-road motor vehicle use by such minor in violation of this article or to negligently fail to exercise reasonable care to prevent the operation of any unlicensed off-road motor vehicle by such minor in violation of this article. Any parent or any legal guardian of any minor who fails to exercise reasonable care to prevent the operation of any unlicensed off-road motor vehicle by such minor is a violation of this article and shall be liable for any and all damages and injuries to persons or property resulting therefrom.
I. 
Any off-road motor vehicles used by first responders or other persons authorized by the Village of Homer Glen shall be exempt from the conditions of this article when it is necessary in the performance of their duties.
The operator or owner of any unlicensed off-road motor vehicle who violates any provision of this article shall be subject to a fine of not less than $1,000 but no more than $2,500 for each separate offense.