(A) An all-terrain vehicle, utility type vehicle or golf car vehicle may be operated on streets within the corporate limits of the city only if the operator and the vehicle comply with the provisions of this section.
(B) (1) An all-terrain vehicle, utility type vehicle or golf car vehicle may be operated only between the hours of sunrise and sunset and shall not be operated at a speed in excess of 25 mph.
(2) All-terrain, utility type, or golf car type vehicle as authorized in this division (B), 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.
(C) It shall be unlawful for any person to operate, or be in actual physical control of any all- terrain, utility type or golf car type vehicle upon the traveled portion of any public roadway within the corporate limits of the city except as specifically authorized and permitted under the terms of this article.
(D) Any person operating an all-terrain, utility, or golf car type vehicle as authorized in division (B) above shall have:
(1) A valid class O operator’s license;
(2) A permit issued by the City Clerk permitting operation within the corporate limits of the city;
(3) Liability insurance coverage for the all-terrain, utility, or golf car type vehicle on a street or highway and shall fully hold harmless the city from any liability arising out of the use and operation of the all-terrain, utility type or golf car type vehicle. The person operating the all-terrain, utility or golf car type vehicle shall provide proof of such insurance coverage to any peace officer requesting such proof;
(4) The operator and passenger of utility type vehicle must wear safety restraint system;
(5) Any person who is under 19 years of age on an all-terrain vehicle in the city must wear a Department of Transportation approved protective helmet or a protective helmet, as provided in Neb. RS 60-6,279 and 60-6,280 or as amended, at any time that the all-terrain vehicle is moving. Said helmet shall be secured properly on his or her head with a chin strap while the vehicle is in motion;
(6) All-terrain, utility, or golf car type vehicles may be operated without complying with subsections (a) and (b) of this section on streets and highways in parades which have been authorized by the state or any department, board, commission, or political subdivision of the state;
(7) An all-terrain, utility or golf car 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. Subsections (a) through (e) and (g) of this section authorize and apply to operation of an all-terrain, utility or golf car type vehicle only on a street or highway other than a controlled-access highway with more than two marked traffic lanes;
(8) Subject to subsection (f) of this section, the crossing of a street or highway shall be permitted by an all-terrain, utility, or golf car type vehicle without complying with subsections (a) and (f) of this section only if:
(a) The crossing is made at an angle of approximately 90 degrees to the direction of the street or highway and at a place where no obstruction prevents a quick and safe crossing.
(b) The vehicle is brought to a complete stop before crossing the shoulder or roadway of the street or highway;
(c) The operator yields the right-of-way to all oncoming traffic that constitutes an immediate potential hazard;
(d) In crossing a divided highway, the crossing is made only at an intersection of such highway with another highway;
(e) Both the headlight and taillight of the vehicle are on when the crossing is made; and
(f) The operator will allow no more than the amount of passengers that are specifically designed by the manufacturer for passengers.
(9) (a) In order to obtain a permit to operate an all-terrain, utility or golf car type vehicle within the corporate limits of the city, an applicant must make an annual application at the office of the City Clerk and provide the following information:
1. Name and address of the applicant;
2. Proof of insurance for the all-terrain, utility or golf car type vehicle to be operated within the city by the applicant;
3. Be 19 years of age or older;
4. Valid class O operator’s license issued by the state; and,
5. Year, make, model, color, engine size, vehicle identification number (VIN) of the all-terrain vehicle (ATV), utility type vehicle (UTV), or golf car type vehicle to be operated within the city by the applicant.
(b) The issued permit shall be prominently displayed and plainly visible from the rear of the operator’s all-terrain, utility or golf car type vehicle. All letters, numbers, printing, writing and other identification marks upon such permits shall be kept clear and distinct and free from grease, dust, or other blurring matter, so that they shall be plainly visible at all times during daylight and under artificial light in the nighttime.
(c) No person shall attach to or display on such ATV/UTV or golf car vehicle any:
1. Permit or registration certificate other than as assigned to it for the current registration period;
2. Fictitious or altered permit or registration certificate;
3. Permit or registration certificate that has been cancelled by the city; or
4. Permits lacking current validation decals.
(d) In addition, the all-terrain, utility or golf car type vehicle must meet the following requirements: pass inspection by a personnel designated by the city to ensure that vehicle has:
1. At least one working headlight and taillight;
2. A working brake light;
3. Working safety restraint system on utility type vehicles;
4. UTV’s shall equipped with a manufacturer’s original equipment roll bar designed and manufactured to prevent injuries in the event of a roll over;
5. A bicycle safety flag in compliance with section 3(b) of this article;
6. A brake system maintained in good operating condition; and
7. A muffler system in good working condition properly attached to the all-terrain, utility, or golf car type vehicle which reduces the noise of operation of the motor to the minimum necessary for operation. The muffler shall not be audible for a distance of more than 500 feet. No person shall use a muffler cutout, bypass, straight pipe, or similar device on an all-terrain, utility, or golf car type vehicle.
(Ord. 650, passed 11-17-2020) Penalty, see § 73.99