(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALL TERRAIN VEHICLE. Any motorized off-highway vehicle which:
(a) Is 50 inches or less in width;
(b) Has a dry weight of 900 pounds or less;
(c) Travels on three or more low-pressure tires;
(d) Is designed for operator use only, with no passengers, or is specifically designed by the original manufacturer for the operator and one passenger;
(e) Has a seat or saddle designed to be straddled by the operator; and
(f) Has handlebars or any other steering assembly for steering control.
(Neb. RS 60-6,355)
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.
(Neb. RS 60-624)
UTILITY-TYPE VEHICLE.
(a) Any motorized off-highway vehicle which:
1. Is not less than 48 inches, nor more than 74 inches in width;
2. Is not more than 135 inches, including the bumper, in length;
3. Has a dry weight of not less than 900 pounds, nor more than 2,000 pounds;
4. Travels on four or more low pressure tires; and
5. Is equipped with a steering wheel and bench or bucket-type seating designed for at least two people to sit side-by-side.
(b) Utility-type vehicle does not include golf carts or low-speed vehicles.
(Neb. RS 60-6,355)
(B) An all-terrain and a utility-type vehicle may be operated on streets and highways within the corporate limits of the city, only if the operator and the vehicle comply with the provisions of this section.
(C) An all-terrain or a utility-type vehicle may be operated only between the hours of sunrise and sunset and shall not be operated at a speed in exceed of 30 mph, or the posted speed limit, whichever is lower. When operating an all-terrain or 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) (1) Any person operating an all-terrain or a utility-type vehicle, as authorized in division (B) above shall:
(a) Be at least 18 years of age and possess a valid Class O operator’s license or a farm permit as provided in Neb. RS 60-4,126; and
(b) Have liability insurance coverage for the all-terrain vehicle or utility-type vehicle, while operating the all-terrain vehicle or utility-type vehicle on a street or highway with such coverage to be at least the minimum amount required to license a motor vehicle. The person operating the all-terrain vehicle shall provide proof of such insurance coverage to any peace officer requesting such proof, within five days of such a request.
(2) No passenger may be less than seven years of age.
(E) All-terrain vehicles and utility-type vehicles may be operated without complying with divisions (C) and (D) above, on streets and highways in parades which have been authorized by the state or any department, board, commission, or political subdivision of the state.
(F) An all-terrain vehicle or 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, and the crossing of any controlled-access highway with more than two marked traffic lanes shall not be permitted. Divisions (B) through (D) above and division (G) below authorize and apply to operation of an all-terrain vehicle or a utility-type vehicle only on a street or highway other than a controlled access highway with more than two marked traffic lanes.
(G) Subject to division (F) above, the crossing of a street or highway shall be permitted in an all-terrain vehicle or a utility-type vehicle without complying with divisions (C) and (D) above, only if:
(1) The crossing 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;
(2) The vehicle is brought to a complete stop before crossing the shoulder or roadway of the street or 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.
(Neb. RS 60-6,356)
(H) The city requires that all all-terrain vehicles or utility-type vehicles shall display a permit issued by the City Clerk, before operating on city streets.
(1) The fee for such permit shall be as set forth in the city’s fee schedule. After the initial permit, renewals shall be payable annually, by May 1.
(2) An identifying sticker shall be provided by the city annually, after payment of the fee and shall be displayed prominently on the all-terrain or utility-type vehicle, as proof of this permit.
(3) Said sticker will be obtained at the City Office. At the initial request for a sticker the applicant shall have the vehicle inspected and the owner’s proof of insurance reviewed, by the City Police Department. Thereafter, for renewal of the sticker the applicant need only show proof of insurance and make payment of the annual fee.
(4) This permit must be acquired by all all-terrain or utility-type vehicles operated on city streets, regardless of the jurisdiction in which the owner resides, be it the county or another jurisdiction.
(5) A fine for failure to acquire such permit will be an amount as set forth in the city’s fee schedule, in addition to any penalty for any other infraction.
(6) Proof of insurance and valid Class O license must be carried by the operator at all times of operation of the vehicle. A fine for failure to provide this documentation during operation will be an amount as set forth in the city’s fee schedule, in addition to any penalty for any other infraction.
(Prior Code, § 5-602) (Ord. 683, passed 3-4-2010; Ord. 697, passed 10-2-2012; Ord. 722, passed 10-6-2015; Ord. 743, passed 9-1-2020) Penalty, see § 73.99