The Elburn Village Board’s discussion during the Feb. 18 Committee of the Whole on the possibility of Elburn becoming a golf cart community focused on public safety.
Village attorney Bill Thomas reemphasized the wording of the state statute that addresses a unit of government authorizing the operation of non-highway vehicles such as golf carts on roadways under its jurisdiction “if…(it) determines that the public safety will not be jeopardized.”
“Don’t take these words lightly,” Thomas said.
Thomas added that the statute further states the municipality “must consider the volume, speed, and character of traffic on the roadway… (to) determine whether non-highway vehicles may safely travel on or across the roadway.”
Trustee Ken Anderson wanted to know how the village would reach that conclusion.
“How does a municipality determine that putting those types of uses on public roads is a safe thing?” he asked. “Do you do a study or…?”
He said he is thinking about Route 47 and neighborhoods with industrial parks where semi-trucks are prevalent.
“I don’t think a semi-truck running into a golf cart would be a good thing, let alone a car,” he said.
“The State is silent on how the unit of government would reach this conclusion, only that they reach that conclusion,” Thomas said. “I would assume that there would be some due diligence there to meet that threshold.”
The law provides for the driving of golf carts on roads within its jurisdiction and those with a speed limit of 35 mph or less, which would eliminate Routes 38 and 47, as well as Hughes Road and Keslinger Road. During the discussion at the Dec.16 Committee of the Whole meeting, board members were generally leaning towards also prohibiting the crossing of any of those roads.
Other viewpoints
In talking with other police chiefs around Illinois about their ordinances, Police Chief Nick Sikora found that several of them limited the crossing of any major roads to those where a four-way stop or a stoplight exists, while others do not allow the crossing of any road with a speed limit of more than 35 mph.
“The thinking for that was, ‘if they can’t drive on it, why should they be able to cross it?’” he said.
Sikora found that two municipalities he spoke to have had significant crashes and none reported any lawsuits. Most municipalities require residents to sign comprehensive statements waiving their rights to sue the village if injuries or damage results from a crash. However, as Thomas noted, that doesn’t mean the village won’t get sued.
“I cannot give you any guarantees,” Thomas said.
He added that some of the language in the waivers acknowledges the significant and inherent risks involved in the use of golf carts on any public road, including serious injury or death.
Sikora mentioned some of the additional safety features he would recommend adding to that required in the statute, such as seat belts, side-view and rear-view mirrors, and tires approved by the Department of Transportation.
“I tried to add more stringent requirements than the state has,” Sikora said. “My opinion is that golf carts are manufactured and designed to be used on a golf course. I still have serious reservations about us putting golf carts on the street with other motor vehicles that are much heavier and much more powerful and designed for a lot more safety things than what you can build into a golf cart.”
Trustee Sue Filek said that she has gotten feedback from many residents.
“I’ve had a lot of people who think this is the craziest idea for safety reasons,” she said. “Not that I think it’s a crazy idea; I understand why people would like it, but I still think it should only (be allowed) in neighborhoods.”
Trustee Chris Hansen said that while some residents thought it was crazy, the majority said they want it.
A quick poll of how the trustees felt about the possibility of a golf cart ordinance resulted in most of them saying they would be OK with such an ordinance, with some hesitation due to safety concerns. Most had reservations about allowing the crossing of roads such as Route 47 and others. Several trustees suggested the ordinance begin with a zoned approach, restricting the use of golf carts to within neighborhoods or subdivisions, with the option to modify it in the future.
Trustee Ken Anderson said he was “not in favor” of the ordinance.
“Our jobs are to ensure the public safety and welfare,” he said.
Trustee Pat Schuberg was not present at the meeting. Village President Jeff Walter said he would like to hear her thoughts on the ordinance, so there will be another discussion scheduled at an upcoming meeting.