§ 71.014 ALL-TERRAIN AND UTILITY VEHICLES.

   (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

PEDESTRIANS

§ 71.025 PEDESTRIAN JAYWALKING.

   It shall be unlawful for a pedestrian to cross any street at a place other than a crosswalk where a crosswalk is present. Where no crosswalk is present, it shall be unlawful for a pedestrian to cross a street at a place other than a corner of an intersection. In any case, it shall further be unlawful for a pedestrian to cross any street intersection diagonally.

(Prior Code, § 71.025) (Ord. 98-27, passed 7-20-1998) Penalty, see § 71.999

Statutory reference:

   Pedestrians, see Neb. Rev. Stat. § 60-6,154

§ 71.026 DRIVING THROUGH PEDESTRIAN ZONES.

   It shall be unlawful to drive any vehicle through a pedestrian zone when any person is standing therein.

(Prior Code, § 71.026) (Ord. 98-27, passed 7-20-1998) Penalty, see § 71.999

SPEED LIMITS

§ 71.040 SPEED REGULATED.

   The Street Department is hereby authorized to place suitable speed limit signs along the highways within the city informing the traveling public as to the maximum speed limit on the highways at the places designated. It shall be unlawful to violate speed limits set within the city as set forth in Chapter 74, Schedule I, or as may otherwise be posted. The fines for speeding within the city shall be consistent with those set for speeding on the state highways, including the fact that the fines shall double if speeding in a construction zone or school crossing zone.

(Prior Code, § 71.040) (Ord. 98-27, passed 7-20-1998)

§ 71.041 USE OF RADAR TO MEASURE SPEED; ARREST AUTHORIZED.

   (A)   The speed of any motor vehicle being driven upon any public road, street or highway within the city limits may be determined by the use of radio microwaves, Doppler radar or other electronic devices. The results of the determination shall be accepted as prima facie evidence of the speed of the motor vehicle in any court or legal proceedings where the speed of the motor vehicle is at issue.

   (B)   The driver of any such motor vehicle may be arrested without a warrant under the authority granted by this chapter if the arresting officer is in uniform or displays the officer’s badge of authority, provided that the following occur.

      (1)   The officer observed the recordings of the speed of the motor vehicle by the radio microwaves, Doppler radar or other electronic device, or received a radio message from the officer who observed the speed of the motor vehicle, recorded by the radio microwaves, Doppler radar or other electronic device.

      (2)   In the event of an arrest based on such a message, the message had been dispatched immediately after the speed of the motor vehicle was recorded and furnished a description of the vehicle and the recorded speed to the arresting officer.

(Prior Code, § 71.041) (Ord. 98-27, passed 7-20-1998)

TURNING

§ 71.055 TURNING RIGHT.

   The driver of a vehicle intending to turn to the right at an intersection shall do the following.

   (A)   Signal the driver’s intention to turn right continuously for at least 100 feet prior to the making of the right turn, in accordance with § 71.002 of this code.

   (B)   Approach the intersection in the lane for traffic nearest to the right-hand side of the street and, in making the right turn, shall keep as close as practicable to the right-hand curb or edge of the road.

(Prior Code, § 71.055) (Ord. 98-27, passed 7-20-1998) Penalty, see § 71.999