§ 72.15 PERMIT REQUIRED.
   (A)   Any person desiring to operate an off-road vehicle upon the public streets of the village shall first apply for a permit upon an application form furnished by the Village Clerk-Treasurer and receive a permit from the Village Clerk-Treasurer to operate said off-road vehicle.
   (B)   The requirements and criteria for obtaining said permit shall be as follows:
      (1)   Off-road designed vehicle requirements:
         (a)   Seventy-two inches or less in width;
         (b)   Dry weight of 2,500 pounds or less;
         (c)   Travels on four or more low-pressure tires;
         (d)   Has a seat for the operator;
         (e)   Has handle bars or other steering assembly for steering control;
         (f)   Is equipped with a bicycle safety flag that 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 dayglow in color; or, alternatively, shall be equipped with a flashing light that operates at all times when the vehicle is in operation;
         (g)   Is equipped with a slow moving vehicle emblem on the rear of the vehicle;
         (h)   Shall display a lighted headlight and taillight at all times when visibility is reduced due to insufficient light or unfavorable atmospheric conditions;
         (i)   Has a brake system maintained in good operating condition; and
         (j)   Has an adequate muffler system in good working order to control noise and pollutants.
      (2)   Applicant’s requirements:
         (a)   Applicant must be 14 years of age and possess a valid driver’s license;
         (b)   Applicant’s license to operate a motor vehicle is not currently suspended or revoked by the laws of the state;
         (c)   Applicant must be able to obtain and submit proof of financial responsibility evidencing the applicant’s ability to respond in damages for liability, on account of accidents occurring subsequent to the effective date of such proof, arising out of the ownership, maintenance or use of said off-road designed vehicle, in the amount of $25,000 because of bodily injury to or death of one person in any one accident, subject to such limit for one person in the amount of $50,000 because of bodily injury or death of two or more persons in any one accident and in the amount of $25,000 because of injury to or destruction of property of others in any one accident;
         (d)   Applicant acknowledges that the applicant shall abide by the terms and conditions of this subchapter; and
         (e)   A non-refundable application fee of $25 shall accompany each application. Further, the applicant shall pay all other expenses and costs associated with the applicant’s application.
      (3)   Upon satisfaction of the above conditions, the Clerk-Treasurer may issue a permit to the applicant to operate the off-road vehicle on the streets of the village, under the following rules and regulations.
         (a)   Said permit is valid for only one year from the date of its issuance and must be displayed prominently on the vehicle at all times.
         (b)   The applicant shall operate such off-road vehicle subject to the following:
            1.   All rules of the road of the state as found in Neb. RS Chapter 60, not in conflict herewith; and
            2.   All ordinances of the village, as found in this code, not in conflict herewith.
         (c)   Said off-road vehicle shall not be operated upon the highways of the state located within the corporate limits of the city, except, at a street intersection, to cross said highway, in a quick and safe manner, at an angle of approximately 90 degrees to the direction of the highway; and
         (d)   Said off-road vehicle shall not be operated at a speed in excess of 25 mph or village speed limits, whichever is less.
   (C)   By the applicant’s signing an application for a permit to operate an off-road vehicle upon the public streets of the village pursuant to this subchapter, said applicant consents to the release of all information deemed relevant by the Village Clerk-Treasurer in determining whether or not to issue a permit to said applicant based upon said applicant’s application.
(Ord. 254, passed 8-3-2021)