(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY AND UTILITY EMPLOYEES. Include any employee of the city and any employee of any utility company doing business in the city, to include cable/telephone, electricity, natural gas, garbage and refuse and any other utility company that provides similar utility services to residents of the city.
STREET or HIGHWAY. The entire width between the boundary limits of any street, road, avenue, boulevard or way which is publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
UTILITY-TYPE VEHICLE. Any motorized off-highway vehicle which:
(a) Is not less than 48 inches nor more than 74 inches in width;
(b) Is not more than 135 inches, including the bumper in length;
(c) Has a dry weight of not less than 900 pounds nor more than 2,000 pounds;
(d) Travels on four or more low-pressure tires; and
(e) Is equipped with a steering wheel and bench or bucket-type seating designed for at least two people to sit side-by-side. UTILITY-TYPE VEHICLE does not include golf carts or low-speed vehicles.
(B) Utility-type vehicles may be operated on streets and highways within the corporate limits of the city by city and utility company employees only if the operator and the vehicle comply with the provisions of this section.
(C) A utility-type vehicle may be operated as authorized in division (B) above when such operation occurs only between the hours of sunrise and sunset. Any person operating a utility-type vehicle as authorized in division (B) above shall have a valid Class O operator’s license or a farm permit as provided in Neb. RS 60-4,126, shall have liability insurance coverage for the utility-type vehicle while operating the utility-type vehicle on a highway, and shall not operate such vehicle at a speed in excess of 30 mph. The person operating the utility-type vehicle shall provide proof of such insurance coverage to any peace officer requesting such proof within five days of such a request When operating a utility-type vehicle as authorized in division (B) above, 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 such vehicle. The bicycle safety flag shall be triangular in shape with an area of not less than 30 square inches and shall be day-glow in color.
(D) Utility-type vehicles may be operated without complying with division (C) above on highways in parades which have been authorized by the state or any department, board, commission or political subdivision of the state.
(E) A utility-type vehicle shall not be operated on any controlled-access highway with more than two marked traffic lanes, and the crossing of any controlled-access highway with more than two marked traffic lanes shall not be permitted. Divisions (B), (C) and (E) through (H) of this section authorize and apply to operation of a utility-type vehicle only on a highway other than a controlled-access highway with more than two marked traffic lanes.
(F) Subject to division (A) above, the crossing of a highway shall be permitted by a utility-type vehicle without complying with division (C) above only if:
(1) The crossing is made at an angle of approximately ninety degrees to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing;
(2) The vehicle is brought to a complete stop before crossing the shoulder or roadway of the highway;
(3) The operator yields the right-of-way to all oncoming traffic that constitutes an immediate potential hazard;
(4) In crossing a divided highway, the crossing is made only at an intersection of such highway with another highway; and
(5) Both the headlight and taillight of the vehicle are on when the crossing is made.
(G) If an accident results in the death of any person or in the injury of any person which requires the treatment of the person by a physician, the operator of each utility-type vehicle involved in the accident shall give notice of the accident in the same manner as provided in Neb. RS 60-699.
(H) Every utility-type vehicle shall be equipped with:
(1) A brake system maintained in good operating condition;
(2) An adequate muffler system in good working condition; and
(3) A United States Forest Service qualified spark arrester.
(Ord. 392, passed 7-19-2011) Penalty, see § 70.99
Statutory reference:
Related provisions, see Neb. RS 60-624