(A) Definitions. For purposes of this section the following definitions shall apply unless the context clearly indicates a different meaning.
ALL-TERRAIN VEHICLE (ATV). Any motorized off-highway vehicle which is:
(a) Fifty inches or less in width;
(b) Has a dry weight of 1,200 pounds or less;
(c) Travels on three or more non-highway tires; and
(d) Is designed for operator use only with no passengers or is specifically designed by the original manufacturer for the operator and one passenger.
CODE. The Village Code of Ordinances for the Village of Marquette, Nebraska.
GOLF CART VEHICLE (GOLF CART). A vehicle that has:
(a) At least four wheels;
(b) A maximum level ground speed of less than 20 miles per hour;
(c) A maximum payload capacity of 1,200 pounds;
(d) A maximum gross vehicle weight of 2,500 pounds;
(e) A maximum passenger capacity of not more than four persons; and
(f) Is designed and manufactured for operation on a golf course for sporting and recreational purposes.
MINIBIKE. A two-wheel device which has a total wheel and tire diameter of less than 14 inches or an engine-rated capacity of less than 45 cubic centimeters displacement or any other two-wheel device primarily designed by the manufacturer for off-road use only. MINIBIKE does not include an electric personal assistive mobility device.
OFF-HIGHWAY VEHICLES. Any motorized vehicle primarily designed by the manufacturer for off-road, specifically to include ATVs, golf carts, minibikes, and UTVs, as defined herein.
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 (UTV). Any motorized off-highway vehicle which is:
(a) Seventy-four inches in width or less;
(b) Not more than 180 inches, including the bumper, in length;
(c) Has a dry weight of 2,000 pounds or less; and
(d) Travels on four or more nonhighway tires.
(e) UTILITY-TYPE VEHICLE does not include all-terrain vehicles, golf cart vehicles, or low-speed vehicles as the same are defined by state law.
VILLAGE. The Village of Marquette, Nebraska.
(B) Application of chapter. ATVs, golf carts, minibikes, off-highway vehicles, and UTVs as defined herein, are declared to be motor vehicles subject to rules of the road and traffic laws in addition to the regulations of this chapter.
(C) Operation and equipment.
(1) Off-highway vehicles may be operated upon village streets and highways within the corporate limits of the village only if the operator and vehicle are in compliance with provisions of this section, in addition to the Nebraska Revised Statutes, Nebraska Rules of the Road and the Code.
(2) Prior to operation upon village streets and highways, off-highway vehicles must be registered with the village as provided in this section, unless the same is owned by the village itself.
(3) ATVs and UTVs. ATVs and UTVs may be operated in the village when such operation occurs only between the hours of sunrise and sunset. Any person operating ATVs or UTVs as authorized by this section shall:
(a) Have a valid Class O operator's license, or a farm permit as provided in Neb. RS 60-4,126;
(b) Have liability insurance coverage for the ATV or UTV while in operation upon a street or highway and provide such insurance proof of coverage upon the demand of any peace officer requesting such proof; such insurance shall be within the limits stated in Neb. RS 60-509, as amended from time to time; and
(c) Shall not operate at a speed in excess of 30 miles per hour or the posted speed limit, whichever is less.
(4) When operating an ATV or UTV as authorized herein:
(a) The headlights and taillights shall be on; and
(b) The vehicle shall be equipped with a safety flag meeting the following requirements:
1. Which extends no less than five feet above the ground when attached to the rear of such vehicle;
2. Day-glow in color;
3. Triangular in shape; and
4. Of a size with an area of not less than 30 square inches.
(5) ATVs and UTVs shall be equipped with:
(a) A braking system maintained in good operating condition;
(b) An adequate muffler system in good working condition and without a cutout, bypass or similar device, or any modifications to the muffler system which increases the volume of the noise of the exhaust system;
(c) A United States Forest Service-qualified spark arrester.
(6) Golf carts. Golf carts may be operated in the village when such operation occurs only between the hours of sunrise and sunset. Any person operating golf carts as authorized by this section shall:
(a) Have a valid Class O operator's license;
(b) Have liability insurance coverage for the golf cart while in operation upon a street or highway and provide such insurance proof of coverage upon the demand of any peace officer requesting such proof; such insurance shall be within the limits stated in Neb. RS 60-6,381, as amended from time to time;
(c) Not operate at a speed in excess of 20 miles per hour or the posted speed limit, whichever is less; and
(d) Not be operated on a road with a posted speed limit of 35 miles per hour or more.
(7) Minibikes shall not be operated upon village streets and highways within the corporate limits of the village.
(D) Usage in parades; usage on public sidewalks and trails. Off-highway vehicles, as defined herein, may be operated without complying with the requirements of this section only (1) during parades which have been authorized by the state or any department, board, commission, or political subdivision of the state, and (2) on sidewalks if the operator is removing snow from the sidewalk.
(E) Controlled-access highways and off-limit streets. Off-highway vehicles, as defined herein, 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.
(F) Crossing highways. For the purpose of this section, the crossing of a highway shall be permitted only if:
(1) The crossing is made at an angle of approximately 90 degrees perpendicular to the direction of travel being made on such highway and at a place where no obstruction prevents a timely and safe crossing;
(2) The vehicle is brought to a complete stop before crossing shoulder or roadway of said highway;
(3) The operator yields the right of way to all traffic which constitutes an immediate or potential hazard;
(4) In crossing a divided highway, the crossing shall only be made at an intersection of another highway or roadway; and
(5) Both headlights and taillights, as required in this section, must be on when crossing is made.
(G) Registration. Only off-highway vehicles registered pursuant to this section, or owned by the village, shall be authorized for operation on streets or highways within the corporate limits of the village. A registration sticker shall be issued by the village upon the owner submitting the following:
(1) A completed application for registration, including acknowledgment that the off-highway vehicle is in compliance with the equipment requirements identified by this section;
(2) Proof of liability insurance coverage for the vehicle specifically listing the vehicle as referenced by serial number and year of model year, make, model, and serial number; and
(3) A $15 annual fee for registration of the vehicle.
(a) The registration sticker shall entitle the off-highway vehicle to be operated on the streets and highways of the village as provided in this section during the calendar year of issuance. The annual fee will not be prorated and is non-transferrable. No refunds shall be allowed for any reason. For all years following the initial registration, the required annual registration fee shall be due on January 1. If not paid on or before May 15, the annual registration fee shall be doubled to $30.
(b) A reflecting, self-destructing sticker with an assigned number will be provided to the registering owner upon registration of such vehicle pursuant to this section. This registration sticker shall be affixed on the vehicle's lower driver's side windshield if equipped, or if the vehicle is not equipped with a windshield, then the sticker shall be affixed on the driver's side front of such vehicle. Replacement stickers shall be issued solely at the village's discretion.
(H) Accident; report required. If an accident results an injury to any person resulting in the examination or treatment of the injured person by a physician, or results in the death of any person, then the operator of each off-highway vehicle involved in the accident shall give notice of the accident in the same manner as provided Neb. RS 60-699.
(I) Penalty; impoundment. It shall be unlawful for any person to operate, or be in actual physical control of any off-highway vehicle upon the traveled portion of any public roadway within the corporate limits of the village except as specifically authorized and permitted pursuant to this section.
(1) Any person found to be in violation of this section shall be guilty of a misdemeanor punishable by a fine of $250 for a first offense, $500 for a second offense, and $1,000 for each third and subsequent offense. A new violation shall be deemed to have been committed every 24 hours of such failure to comply.
(2) Any person receiving three or more citations within any 12 month period shall, upon conviction of the third or subsequent offense, have his or her registration to operate an off-highway vehicle within the village limits revoked for a period of one year from the date of conviction. Upon completion of the revocation period, said person must reapply for a registration in order to operate an off-highway vehicle within the village limits.
(Neb. RS 60-6,355, Neb. RS 60-624, Neb. RS 60-4,126) (Ord. 2010-04, passed 12-08-2010; Am. Ord. 2023-12, passed 10-10-2023)