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For the purpose of this title, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALLEY. An open way or public passage intended to provide access to the rear side of lots or buildings and not intended for the purpose of through vehicular traffic.
AUTHORIZED EMERGENCY VEHICLE. The Fire Department vehicles, Police Department vehicles and ambulances as are publicly-owned and such other publicly- or privately-owned vehicles as are designed or authorized by the Chief of Police or City Council.
BICYCLE. Any device propelled by human power which has handlebars, pedals for propulsion and two tandem wheels.
BUS. Any motor vehicle which is designed for carrying more than ten passengers and used for the transportation of persons.
BUSINESS DISTRICT. Property properly zoned for business use as listed in the city zoning code and shown on the current zoning map adopted by the city.
COMMERCIAL VEHICLE. Any vehicle which is designed, maintained or used primarily for the transportation of property.
COMMUNITY SERVICE TECHNICIAN. A non-sworn employee of the Police Department who shall have general charge, direction and authority to ensure that the ordinances of the city are properly enforced and obeyed regardless of the department under which the ordinances may be published. COMMUNITY SERVICE TECHNICIANS shall have the authority to issue traffic infraction tickets.
CROSSWALK.
(1) Any portion of a road which is protected for pedestrian crossing by lines or other distinct markings on the surface, by signs or other devices, designated by competent authority, whether at an intersection or elsewhere.
(2) In the absence of lines or other identifying markings, signs or devices, the part of a road at an intersection included within the connections of the lateral lines of opposite sidewalks, measured from the curbs or, in the absence of curbs, from the edges of the road.
DAYTIME. The period of time between sunrise and sunset.
DRIVER. Any person who operates or is in actual physical control of a vehicle.
ELECTRIC SCOOTER. Any two-wheeled motor vehicle which has a total wheel and tire diameter of less than 14 inches or an engine capacity of less than 45 cubic centimeters displacement.
GOLF CAR VEHICLE. Golf car vehicle means a vehicle that:
(1) Has at least four wheels;
(2) Has a maximum level ground speed of less than 20 mph;
(3) Has a maximum payload capacity of 1,200 pounds;
(4) Has a maximum gross vehicle weight of 2,500 pounds;
(5) Has a maximum passenger capacity of not more than four persons; and
(6) Is designed and manufactured for operation on a golf course for sporting and recreational purposes.
HIGHWAY. Any paved road which is divided into two or more clearly marked lanes for vehicular traffic.
INTERSECTION.
(1) The area included within the prolongation or connection of the lateral curb lines of a street.
(2) The area included within the prolongation or connection of the lateral boundary lines of two roads or highways which join one another at, or approximately at, right angles.
(3) The area within which vehicles traveling upon different roads, streets or highways joining at any other angle may come in conflict.
(4) Where a road intersects a divided highway made up of a total of four or more lanes, each crossing of the divided highway by the road shall be regarded as a separate INTERSECTION. In the event the intersecting road is also a divided highway made up of a total of four or more lanes, each crossing of the highways shall be regarded as a separate INTERSECTION.
MINIBIKE. Any two-wheel motor vehicle which has a total wheel and tire diameter of less than 14 inches, or an engine rated capacity of less than 45 cubic centimeters displacement, or any other two-wheel motor vehicle designed by the manufacturer primarily for off-road use only.
MOPED. A bicycle with fully operative pedals for propulsion by human power, an automatic transmission and a motor with a cylinder capacity not exceeding 50 cubic centimeters which produces no more than two brake horsepower and is capable of propelling the bicycle at a maximum design speed of no more than 30 mph on level ground.
MOTOR VEHICLE. Any vehicle which is propelled by any power other than muscular power, except for the following:
(1) Self-propelled chairs used by persons who are disabled;
(2) Mopeds;
(3) Vehicles which run only on rails or tracks;
(4) Golf carts, go-carts, riding lawn mowers and garden tractors;
(5) Electric scooters;
(6) Utility type vehicles; and
(7) Golf cart vehicles.
MOTORCYCLE. Any motor vehicle, excluding a tractor, where the rider sits on an unenclosed saddle or seat and which is designed to travel with not more than three wheels in contact with the ground.
NIGHTTIME. The period of time between sunset and sunrise.
OWNER. Any person who holds the legal title to a vehicle. In the event that a vehicle is the subject of an agreement for the conditional sale or lease thereof and with an immediate right of possession vested in the conditional vendee or lessee, or in the event that a mortgagor of a vehicle is entitled to possession, then the conditional vendee, lessee or mortgagor shall be deemed the OWNER for the purpose of this title.
PARK or PARKING. The standing of a vehicle, whether occupied or not, unless standing of the vehicle is in obedience to traffic regulations, signs or signals or temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.
PEDESTRIAN. Any person traveling on foot.
PEDESTRIAN ZONE. The area or space within a road or street, but not necessarily at an intersection, which is officially protected for use by pedestrians and which is so marked or indicated by adequate signs as to be plainly visible at all times.
POLICE OFFICER. Any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations or other regulations in this code or violations of state law.
PRIVATE ROAD or DRIVEWAY. Any way or place which is privately-owned and/or used for vehicular travel only by the owner thereof or by those having express or implied permission from the owner.
RESIDENTIAL DISTRICT. The territory contiguous to and including a public road not compromising a business district when the property on the road for a distance of 300 feet or more is mainly improved with residences.
RIGHT-OF-WAY. The right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other.
ROAD. An open way or public passage, whether paved or unpaved, which is used for the purpose of vehicle travel, including a street.
SCHOOL BUS. Any motor vehicle which is owned by a public or governmental agency and operated for the purpose of transporting pupils to or from school, or any motor vehicle which is privately-owned and operated for compensation for the purpose of transporting pupils to or from school.
SCHOOL CROSSING ZONE. The area of a roadway designated to the public by the Department of Roads, county or city, as a school crossing zone through the use of a sign or traffic-control device as specified by the Department, county or city, in conformity with the state driver’s manual, but does not include any area of a freeway. A SCHOOL CROSSING ZONE starts at the location of the first sign or traffic-control device identifying the school crossing zone and continues until a sign or traffic-control device indicates that the school crossing zone has ended.
SEMI-TRAILER. A vehicle without automotive power which has a set or sets of wheels at the rear only, which is so constructed that some part of its weight rests upon or is supported by a truck tractor or another towing vehicle and which is designed to be used primarily for the transportation of property.
SIDEWALK. Any walk or raised path, whether paved or unpaved, intended for use by pedestrians.
STAND or STANDING. The halting of a vehicle, whether occupied or not.
STOP or STOPPING.
(1) Complete cessation from movement; and
(2) When prohibited, any halting, even momentarily, of a vehicle or bicycle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control sign, signal or other device.
STREET. Any curbed and guttered or otherwise improved road set apart for public travel which may or may not be abutted by sidewalks.
TRAFFIC. Pedestrians, vehicles and other conveyances either singly or together while using any road, street or highway for the purpose of travel.
TRAFFIC-CONTROL DEVICE. Any sign, signal or marking which is placed or erected by authority of the City Council or the Chief of Police or their designees for the purpose of regulating, warning or guiding traffic or standing, stopping or parking.
TRAFFIC-CONTROL SIGNAL. Any signal, whether manually, electronically or mechanically operated, by which traffic is alternately directed to stop and to proceed.
TRAILER. Any vehicle with or without automotive power which is designed for carrying persons or property and for being drawn by a motor vehicle.
TRICYCLE. A device propelled by human power which has handlebars, pedals for propulsion and three wheels, designed primarily for use by children.
TRUCK. Any motor vehicle which is equipped or used to transport anything other than persons. This definition shall not include pickup trucks which have a box not greater than 96 inches in length.
TRUCK TRACTOR. Any motor vehicle which has a cab and no body and is designed and used primarily for pulling large vehicles such as semi-trailers.
UTILITY TYPE VEHICLE. Any motorized off-highway vehicle which:
(1) Is not less than 48 inches nor more than 74 inches in width;
(2) Is not more than 180 inches, including the bumper, in length;
(3) Has a dry weight of not less than 900 pounds nor more than 2,000 pounds;
(4) Travels on four or more low-pressure tires;
(5) Is equipped with a steering wheel and a bench or bucket type seating designed for at least two persons to sit side-by-side; and
(6) A utility type vehicle does not include a golf cart or low-speed vehicles.
VEHICLE. Any device by which any person or property may be transported upon a public road, street or highway, except those devices operated upon rails and permanent tracks.
(Prior Code, § 70.001) (Ord. 98-27, passed 7-20-1998; Res. R00-127, passed 11-6-2000; Ord. 00-35, passed 11-6-2000; Ord. 11-30, passed 10-3-2011; Ord. 16-18, passed 8-1-2016; Ord. 22-25, passed 10- 17-2022)
Statutory reference:
Related provisions, see Neb. Rev. Stat. §§ 60-606 through 60-676
All of the provisions of this title pertaining to traffic shall apply and shall be in full force and effect in all areas outside the corporate limits of the city which are owned, controlled or operated by the city or by agency or authority thereof, including city parks, airports, dumps, garbage or sewage treatment facilities and any other facility or area owned, controlled or operated by the city, or by any agency or authority thereof.
(Prior Code, § 70.002) (Ord. 98-27, passed 7-20-1998)
The police jurisdiction of the city shall extend to all of the areas and facilities outside the corporate limits of the city which are owned, controlled or operated by the city or by agency or authority thereof with the same force and effect as though the areas or facilities were located within the corporate limits of the city. The police jurisdiction of the city shall also extent to those areas and matters outside of the aforementioned in accordance with any interlocal agreement which has been or may be entered into by the city from time to time.
(Prior Code, § 70.003) (Ord. 98-27, passed 7-20-1998)
(A) The driver of an authorized emergency vehicle, when responding to an emergency call, when pursuing an actual or suspected violator of the law or when responding to, but not returning from a fire alarm may exercise the privileges set forth in this section, subject to the conditions herein stated.
(B) The driver of an authorized emergency vehicle may:
(1) Park, stand or stop irrespective of the provisions of this title;
(2) Proceed past a steady red indication, a flashing red indication or a stop sign, but only after slowing down as may be necessary in order to safely pass through the intersection;
(3) Exceed the posted speed limits so long as the driver does not endanger life or property; and
(4) Disregard regulations governing directions of movement or turning in specified directions.
(C) (1) Except for such emergency vehicle operated as a police or other law enforcement vehicle, the privileges granted in this section to authorized emergency vehicles shall apply only when the driver of the vehicle, while in motion, sounds an audible signal by bell, siren or exhaust whistle as may be reasonably necessary, and when the vehicle is equipped with at least one lighted lamp displaying a red light visible under normal atmospheric conditions from a distance of 500 feet to the front of the vehicle.
(2) The foregoing provisions shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall the provisions protect the driver from the consequences of the driver’s reckless disregard for the safety of others.
(Prior Code, § 70.004) (Ord. 98-27, passed 7-20-1998)
Statutory reference:
Similar state law, see Neb. Rev. Stat. § 60-6,114
No television or video devices shall be installed so as the screen or viewing area are visible from the front seats of all or any motor operated vehicle, and it shall be unlawful to operate any such installation within the city.
(Prior Code, § 70.005) (Ord. 717, passed 6-20-1951; Ord. 03-13, passed 5-19-2003) Penalty, see § 70.999
REGISTRATION AND LICENSE REQUIREMENTS
(A) (1) It shall be unlawful for any person to drive, operate or be in physical control of a motor vehicle, motorcycle or moped on any road, street, highway or alley within the city limits without a valid state driver’s license or a valid driver’s license that is recognized under state law except as provided in division (A)(2) below.
(2) A person who does not have a valid license as set forth in division (A)(1) above may drive, operate or be in physical control of a motor vehicle, motorcycle or moped on any road, street, highway or alley within the city limits when that person:
(a) Has a valid school permit, learner’s permit or provisional license as authorized by state statute; and
(b) Only when the person is using that permit or provisional license in conformity with the requirements thereof and state statutes.
(3) It shall be unlawful for any owner, driver or person in control of any motor vehicle to permit any of the persons identified in division (A)(1) above to drive, operate or be in physical control of any motor vehicle.
(B) It shall be unlawful for any person to drive, operate or be in physical control of a vehicle, golf cart, or utility type vehicle upon any road, street, highway or alley within the city without having in full force and effect a Class O operator’s license issued by the state’s Department of Motor Vehicles, as provided by the laws of the state or to operate a vehicle or utility type vehicle upon any road, street, highway or alley without carrying the operator’s license while operating the vehicle or utility type vehicle.
(C) (1) A golf cart vehicle and/or utility type vehicle shall not be considered a motor vehicle for purposes of requiring a state motor vehicle registration of the same, except any individual or entity who desires to operate a utility type vehicle shall make written request to the city’s Police Department for a permit allowing the use and shall display the identification tag issued by the city’s Police Department on the golf cart vehicle and/or utility type vehicle.
(2) The kind and style of the identification tag required to operate a golf car vehicle and/or utility type vehicle shall be in a manner that has been designated and approved by the city’s Police Department. The applicant’s cost to obtain the permit and the identification tag shall be set by resolution.
(3) The identification tag must be placed and displayed on the back of the golf car vehicle and/ or utility type vehicle in a prominent place so as to be unobstructed and clearly viewable.
(D) Except as provided in this division (D), a golf cart vehicle and/or utility type vehicle shall not be operated on State Highway Nos. 30 and 81 or the Lost Creek Parkway. Highway 30 (23rd Street) may be crossed at a 90 degree angle at the lighted traffic control signals at the following locations: At East 11th Avenue; at East 3rd Avenue; at 3rd Avenue; at 18th Avenue; at 23rd Avenue; at 26th Avenue; at 30th Avenue; at 45th Avenue; and at 48th Avenue. Highway 81 (33rd Avenue) may be crossed at a 90 degree angle at the lighted traffic control signals at the following locations: At 8th Street; at 13th Street; and at 14th Street.
(E) Every golf cart vehicle and/or utility type vehicle shall display a lighted headlight and taillight and be equipped with turn signals during operation.
(F) (1) Every golf cart vehicle and/or utility type vehicle shall be equipped with:
(a) A brake system maintained in good operating condition;
(b) An adequate muffler system in good working condition;
(c) A United States Forest Service qualified spark arrestor; and
(d) A roll bar designed and manufactured to prevent injuries in the event of a rollover.
(2) Every person in a golf cart vehicle and/or utility type vehicle during operation shall be in a permanent and regular seat which includes an occupant protection system which utilizes a lap belt, a shoulder belt or any combination of belts which restrains driver and passengers and which conforms to Federal Motor Vehicle Safety Standards for passenger restraint systems applicable for the golf cart vehicle and/or utility type vehicle’s model and year and which shall be in use by all occupants at all times.
(G) (1) Every golf cart vehicle and/or utility type vehicle may only be operated on city streets between the hours of sunrise and sunset.
(2) Any person operating a golf cart vehicle and/or utility type vehicle shall have liability insurance coverage for the utility type vehicle while operating the golf cart vehicle and/or utility type vehicle in the city. Such liability insurance shall be issued by an insurance company authorized to do business in the state and shall be within the limits stated in Neb. Rev. Stat. § 60-509, as amended from time to time.
(3) If not in a driver’s possession when stopped by law enforcement, the person operating the golf cart vehicle and/or utility type vehicle shall provide proof of insurance coverage within five days of such stop establishing that insurance was in effect when the law enforcement stop occurred.
(H) (1) Except as otherwise specifically stated above, the operation of a golf cart vehicle and/or utility type vehicle shall be subject to all of the statutory requirements for the operation of any motor vehicle in the state; specifically including those statutes dealing with the rules of the road, child restraint systems and the operation of a motor vehicle by any person impaired by alcohol or drugs.
(2) Any violations could result in revocation of the right to operate the golf cart vehicle and/or utility type vehicle.
(I) The operator of the utility type vehicle shall not exceed 30 mph or less where posted speed limits are less. The operator of the golf car vehicle shall not exceed 20 mph or less where posted speed limits are less.
(J) (1) During the operation of a golf cart vehicle and/or utility type vehicle, the golf cart vehicle and/or utility type vehicle shall be equipped with a bicycle safety flag which extends above the utility type vehicle not less than five feet above the ground and is attached to the rear of such vehicle.
(2) The bicycle safety flag shall be triangular in shape with an area of not less than 30 square inches and shall be fluorescent in nature, regardless of color.
(Prior Code, § 70.015) (Ord. 98-27, passed 7-20-1998; Ord. 11-30, passed 10-3-2011; Ord. 11-37, passed 11-7-2011; Ord. 15-21, passed 10-19-2015; Ord. 18-49, passed 11-5-2018; Ord. 19-30, passed 8-19-2019; Ord. 22-25, passed 10-17-2022; Ord. 22-31, passed 12-5-2022) Penalty, see § 70.999
Statutory reference:
Motor Vehicle Operator’s License Act, see Neb. Rev. Stat. § 60-462
(A) It shall be unlawful for any person to operate any motor vehicle upon any road, street, highway or alley without having registered the same as provided by the laws of the state.
(B) It shall be unlawful for any person to operate a motor vehicle upon any road, street, highway or alley without having attached thereto the license plates furnished by the state or county in connection with the registration.
(C) The vehicle shall at all times have displayed thereon one license plate on the back thereof and one license plate on the front thereof, which license plates shall be securely fastened to the motor vehicle in an upright position, so as to prevent the plates from swinging, at a minimum distance of 12 inches from the ground and shall have properly affixed thereto the renewal tabs furnished by the state or county in connection with the registration.
(Prior Code, § 70.016) (Ord. 98-27, passed 7-20-1998) Penalty, see § 70.999
Publisher's Note: This Section has been AMENDED by new legislation (Ord. 24-25, passed 10-7-2024). The text of the amendment will be incorporated below when the amending legislation is codified. The rear license plate shall be illuminated during such time as lights are required to be lighted upon a vehicle.
(Prior Code, § 70.017) (Ord. 98-27, passed 7-20-1998) Penalty, see § 70.999
The license plates upon a vehicle shall be kept clear and clean and free from grease, dust or other blurring matter, so as to be at all times visible and legible, and nothing shall be attached to the plates.
(Prior Code, § 70.018) (Ord. 98-27, passed 7-20-1998) Penalty, see § 70.999
Statutory reference:
Related provisions, see Neb. Rev. Stat. § 60-324
When any trailer is attached to any motor vehicle standing or in use upon the streets, the trailer shall carry a trailer registration number and rear light as required of other motor vehicles.
(Prior Code, § 70.019) (Ord. 98-27, passed 7-20-1998) Penalty, see § 70.999
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