(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