(A) Definitions. 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 is 50 inches or less in width, has a dry weight of 1,200 pounds or less, travels on four or more non-highway tires and is designed for operator use only with no passengers, or is specifically designed by the original manufacturer for the operator and one passenger.
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 is 74 inches in width or less, is not more than 180 inches, including the bumper, in length, has a dry weight of 2,000 pounds or less and travels on four or more non-highway tires. A UTILITY-TYPE VEHICLE does not include golf carts or low-speed vehicles.
(B) Operation.
(1) An all-terrain vehicle or utility-type vehicle may be operated within the city limits on streets and highways, other than a controlled access highway with two or more marked traffic lanes, only between the hours of sunrise and sunset, if the operator and the vehicle comply with the provisions of this section.
(2) It is unlawful to operate a three-wheeled all-terrain vehicle or utility-type vehicle within the city.
(3) It is unlawful for the operator of an all-terrain vehicle within the city to have a passenger on the vehicle.
(4) It is unlawful to operate an all-terrain vehicle or utility-type vehicle on sidewalks within the city, except for the purpose of removing snow and/or debris from the sidewalk.
(5) An all-terrain vehicle or utility-type vehicle shall not be operated at a speed in excess of 25 mph and shall observe posted speed limits if lower than 25 mph.
(C) Equipment.
(1) When operating an all-terrain vehicle or utility-type vehicle, the headlight and taillight of the vehicle shall be on. Whenever an all-terrain vehicle or utility-type vehicle is operated within the city, there shall be no trailer attached to the all-terrain vehicle or utility-type vehicle, and all cargo must be securely attached to the vehicle in such a manner that the cargo remains secured without any assistance of the operator.
(2) Every all-terrain vehicle or utility-type vehicle shall be equipped with a bicycle safety flag which extends not less than six feet above ground attached to the rear of the vehicle. The safety flag shall be triangular in shape with an area of not less than 30 square inches and shall be day-glow in color. Every all-terrain vehicle and utility-type vehicle shall also be equipped with:
(a) A brake system maintained in good operating condition;
(b) An adequate muffler system in good working condition;
(c) Turn signals and hazard lights that operate;
(d) Operational seatbelts for the operator and any passenger and no event can the number of utility-type vehicle passengers exceed the number of seatbelts manufactured for the utility-type vehicle; and
(e) A United States Forest Service qualified spark arrester.
(3) The operator of any all-terrain vehicle and the operator and any passenger of an utility-type vehicle must wear a helmet.
(D) Prohibited. No person shall:
(1) Turn an all-terrain vehicle or utility-type vehicle without using turn signals prior to making a turn;
(2) Equip the exhaust system of an all-terrain vehicle or utility-type vehicle with a cutout, bypass or similar device;
(3) Operate an all-terrain vehicle or utility-type vehicle with an exhaust system so modified; or
(4) Operate an all-terrain vehicle or utility-type vehicle with the spark arrester removed or modified, except for use in a closed-course competition event.
(E) Operator’s license. Any person operating an all-terrain vehicle or utility-type vehicle must be at least 18 years old and shall have obtained and have a valid Class O operator’s license or a farm permit from the State Department of Motor Vehicles pursuant to the Motor Vehicle Operator’s License Act, being Neb. RS 60-462 et seq.
(F) Liability insurance coverage. Any person operating an all-terrain vehicle or utility-type vehicle shall have liability insurance coverage for the all-terrain vehicle or utility-type vehicle while operating the all-terrain vehicle or utility-type vehicle within the city. The person operating the all-terrain vehicle or utility-type vehicle shall provide proof of such insurance coverage to any peace officer requesting such proof within five days of such request. It shall be unlawful for any person to operate any all-terrain vehicle or utility-type vehicle within the city until the owner has demonstrated proof of insurance to the Police Department and obtained an insurance decal from the Police Department for the current year. The Police Department will issue a decal for the current year that must be affixed to the all-terrain vehicle or utility-type vehicle in a conspicuous place. The insurance decal shall be for a calendar year and will not be prorated. The city will charge a fee of $50 for a calendar year for the issuance of the decal. This fee may be amended from time to time.
(G) Parades. All-terrain vehicles and utility-type vehicles may be operated on streets and highways without complying with divisions (D) through (G) above while in parades which have been authorized by the state, any department, board, commission or political subdivision of the state.
(H) Highway use.
(1) An all-terrain vehicle or utility-type vehicle shall not be operated on any controlled access highway with more than two marked traffic lanes, however the vehicles shall cross Highway 26 only at the intersection of Center Avenue where there is a traffic-control signal.
(2) An all-terrain vehicle or utility-type vehicle may cross a highway other than a controlled access highway with more than two marked traffic lanes if:
(a) The crossing is made at an angle of approximately 90 degrees to the direction of the street or avenue 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 avenue;
(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 shall be only at an intersection of such highway with another highway; and
(e) Both the headlight and taillight of the vehicle are on when the crossing is made.
(I) Accidents. If an accident results from the operation of the all-terrain vehicle or the utility-type vehicle, including accidents which cause the death of any person or the injury of any person or which requires treatment of the person by a physician, the operator of each all-terrain vehicle or utility-type vehicle involved in the accident shall give notice of the accident in the same manner as provided by Neb. RS 60-699.
(Ord. 775, passed 2-6-2018) Penalty, see § 72.99