(A) All-terrain vehicles (ATVs). ATVs shall not include utility type vehicles (UTVs) which are described in § 70.001 of this code. ATVs are hereby prohibited from being operated on any public property, street, alley, sidewalk, golf course or park.
(B) Public parks. ATVs may be used in public parks upon meeting the following criteria.
(1) All operators must be 16 years of age or older.
(2) All operators must possess a valid driver’s license.
(3) The ATVs must be used in the city parks only for the operation and maintenance of the park facilities.
(4) All individuals or entities using the ATVs for the above purposes must carry their own insurance on the vehicle and fully hold harmless the city from any liability arising out of the use and operation of the ATVs.
(5) Any individual or entity which desires to operate an ATV in public parks as permitted above shall make written request to the Board of Parks Commissioners for approval.
(C) Use in golf courses. Any individual or entity which desires to operate an ATV in city golf courses shall make written request to the Park Board for approval.
(D) Use for snow removal.
(1) ATVs may be used for snow removal from public sidewalks upon meeting the following criteria.
(a) All individuals or entities must carry their own insurance on the vehicles and fully hold harmless the city from any liability arising out of the use and operation of the ATVs.
(b) The ATV must weigh a minimum of 500 pounds dry weight.
(c) The use of the ATV shall be restricted to its work site and must be transported between work sites; ATVs may not be driven between work sites unless properly registered and licensed.
(d) One permit issued per ATV, and the permit number shall be prominently displayed upon the ATV. The ATVs headlights and taillights shall be operable and in use during the times that the snow removal is occurring.
(2) Any individual or entity which desires to operate an ATV for snow removal purposes shall make written request to the city’s Police Department for a permit allowing the use, which permit shall be issued upon the applicant meeting the above criteria.
(3) With respect to the insurance on the ATV, the city shall be named as an additional insured and shall be insured in a face amount of not less than $250,000, with proof of insurance accompanying the application.
(4) The use of the ATV to clean sidewalks shall be limited to within 24 hours from and after the conclusion of the snowstorm which deposited snow upon the sidewalks to be cleaned.
(E) Agricultural purposes. ATVs may be used on public roads when the operation is incidental to the vehicle’s use for agricultural purposes upon meeting the following criteria:
(1) The operation only occurs between the hours of sunrise and sunset;
(2) Any person operating an ATV on a public road shall have a valid Class O operator’s license or a farm permit as provided in Neb. Rev. Stat. § 60-4,126;
(3) The ATV shall not be operated at a speed in excess of 30 mph;
(4) The ATV must weigh a minimum of 900 pounds dry weight;
(5) When operated on a public road, the headlight and taillight of the vehicle shall be on and the vehicle shall be equipped with a bicycle safety flag which extends not less than five feet above ground attached to the rear of the vehicle. The bicycle safety flag shall be triangular shape with an area of not less than 30 square inches and shall be day-glow in color;
(6) All individuals or entities must carry their own insurance on the vehicles and fully hold harmless the city from any liability arising out of the use and operation of the ATVs;
(7) Use of the ATV shall be restricted to its work site; however, the ATV can be driven between work sites upon full compliance with all of the requirements of this division (E);
(8) One permit shall be issued per ATV and the permit number shall be prominently displayed on the ATV;
(9) Any individual or entity which desires to operate an ATV for agricultural purposes shall make written request to the Police Department for a permit allowing the use; the permit shall be issued upon the applicant meeting the above criteria; and
(10) With respect to insurance on the ATV, the city shall be named as an additional insured and shall be insured in the face amount of not less than $250,000, with proof of insurance accompanying the application.
(Prior Code, § 71.014) (Ord. 99-30, passed 5-17-1999; Ord. 04-11, passed 6-7-2004; Ord. 11-30, passed 10-3-2011; Ord. 18-42, passed 9-4-2018) Penalty, see § 71.999