CHAPTER 73: RECREATIONAL VEHICLES
Section
Bicycles and Toy Vehicles
   73.01   Bicycle operation requirements
   73.02   Clinging to motor vehicles
Minibikes and Miniature Vehicles
   73.15   Unlawful operation on streets or highways
   73.16   Traffic laws inapplicable to minibikes
   73.17   Three- and four-wheeler operation prohibited; exception
Snowmobiles
   73.30   Equipment requirements; laws applicable
   73.31   Unlawful acts
   73.32   Night operation
   73.33   Operation on public lands
   73.34   Enforcement
All-Terrain, Utility-Type and Golf Car Vehicles
   73.45   Definitions
   73.46   Operation requirements
   73.47   Traffic regulations applicable
   73.48   Permits; inspections; fees; term
   73.49   Revocation of permit
 
   73.99   Penalty
BICYCLES AND TOY VEHICLES
§ 73.01 BICYCLE OPERATION REQUIREMENTS.
   (A)   No person shall ride or propel a bicycle on a street or other public highway of this village with another person on the handlebars or in any position in front of the operator.
   (B)   No bicycle shall be operated faster than is reasonable and proper, but every bicycle shall be operated with reasonable regard to the safety of the operator and any other persons upon the streets and public highways.
   (C)   Persons riding bicycles shall observe all traffic signs and stop at all stop signs.
   (D)   No bicycle shall be operated on any street or other public highway from sunset to sunrise without a headlight visible from the front thereof for not less than 500 feet on a clear night, and a red reflector on the rear of a type which shall be visible on a clear night from all distances between 100 feet and 600 feet to the rear when directly in front of lawful lower beams of headlights on a motor vehicle. A red light visible from a distance of 500 feet to the rear may be used in addition to such red reflector.
   (E)   Any person who operates a bicycle upon a street or highway shall not ride more than single file, except on parts of streets or highways set aside for the exclusive use of bicycles.
   (F)   (1)   Any person who operates a bicycle upon a roadway at less than the normal speed of traffic at the time and place and under conditions then existing shall ride as near to the right-hand curb or right-hand edge of the roadway as practicable, except when:
         (a)   Overtaking and passing another bicycle or vehicle proceeding in the same direction;
         (b)   Preparing for a left turn onto a private road or driveway or at an intersection;
         (c)   Reasonably necessary to avoid conditions that make it unsafe to continue along the right-hand curb or right-hand edge of the roadway, including fixed or moving objects, stopped or moving vehicles, bicycles, pedestrians, animals or surface hazards;
         (d)   Riding upon a lane of substandard width which is too narrow for a bicycle and vehicle to travel safely side by side within the lane; or
         (e)   Lawfully operating a bicycle on the paved shoulders of a highway included in the state highway system as provided in Neb. RS 60-6,142.
      (2)   Any person who operates a bicycle upon a roadway with a posted speed limit of 35 mph or less on which traffic is restricted to one direction of movement and which has two or more marked traffic lanes may ride as near to the left-hand curb or left-hand edge of the roadway as practicable. Whenever a person operating a bicycle leaves the roadway to ride on the paved shoulder or leaves the paved shoulder to enter the roadway, the person shall clearly signal his or her intention and yield the right-of-way to all other vehicles.
   (G)   No person shall park a bicycle on any sidewalk unless a bicycle stand is located on said sidewalk.
   (H)   No person shall operate a bicycle on the sidewalks within the Business District.
(Prior Code, § 3-401) Penalty, see § 73.99
§ 73.02 CLINGING TO MOTOR VEHICLES.
   No person riding upon any bicycle, coaster, roller skates, sled, skis or toy vehicle shall attach the same or himself or herself to any moving vehicle upon any roadway, and it shall be unlawful for the driver of any vehicle to suffer or permit any person riding upon any bicycle, coaster, roller skates, sled, skis or toy vehicle to cling to or attach himself or herself or his or her bicycle, coaster, roller skates, sled, skis or toy vehicle to such vehicle so driven and operated by him or her.
(Prior Code, § 3-402) Penalty, see § 73.99
MINIBIKES AND MINIATURE VEHICLES
§ 73.15 UNLAWFUL OPERATION ON STREETS OR HIGHWAYS.
   (A)   It is unlawful for any minibike or similar two-, three- or four-wheeled miniature vehicle whose visibility, power and equipment are inadequate for mixing with normal vehicular traffic upon the streets and highways to be operated on any such street or highway.
   (B)   For the purpose of this subchapter, MINIBIKE shall mean a two-wheeled motor vehicle which has a total wheel and tire diameter of less than 14 inches, an engine rated capacity of less than 45 cubic centimeters displacement or a seat height less than 25 inches from the ground; or any other two-wheeled motor vehicle primarily designed by the manufacturer for off-road use only.
(Prior Code, § 3-501) Penalty, see § 73.99
§ 73.16 TRAFFIC LAWS INAPPLICABLE TO MINIBIKES.
   The provisions of Neb. RS Chapter 60, Articles 1, 3, 4 and 5 shall not be applicable to the owners and operators of any minibike.
(Prior Code, § 3-502)
§ 73.17 THREE- AND FOUR-WHEELER OPERATION PROHIBITED; EXCEPTION.
   (A)   Prohibition. It shall be unlawful for any person to allow a three-wheeler or four-wheeler, either owned or operated by him or her, to be operated within the city limits.
   (B)   Exception. Any person may operate a three-wheeler or four-wheeler within the city limits for the purpose of snow removal or for the purpose of responding to a bona fide emergency.
(Ord. 310, passed 6-28-2004) Penalty, see § 73.99
SNOWMOBILES
§ 73.30 EQUIPMENT REQUIREMENTS; LAWS APPLICABLE.
   Every snowmobile operated within the city shall be registered with the state as required by law. No snowmobile shall be operated upon a public street or highway unless it is equipped with at least one headlight, one taillight, reflector material of a minimum area of 16 square inches mounted on each side forward of the handlebars and with brakes as prescribed by the Department of Motor Vehicles. All laws applying to the operation of other motor vehicles shall apply to snowmobiles, except those relating to required equipment and those which, by their nature, have no application.
(Prior Code, § 3-503) Penalty, see § 73.99
§ 73.31 UNLAWFUL ACTS.
   It shall be deemed a misdemeanor for any person to allow a snowmobile, either owned or operated by him or her, to be operated:
   (A)   Within the congested area of the city or on the Ponca Lewis and Clark Trail, unless said snowmobile is engaged in responding to an emergency;
   (B)   At a rate of speed greater than reasonable or proper under the surrounding circumstances;
   (C)   In a careless, reckless or negligent manner so as to endanger persons or property;
   (D)   Without a lighted headlight and taillight when such would be required by conditions;
   (E)   In any tree nursery or planting in a manner which damages or destroys growing stock; or
   (F)   Upon any private lands without first having obtained the permission of the owner, lessee or operator of such lands.
(Prior Code, § 3-504) (Ord. 311, passed 6-28-2004) Penalty, see § 73.99
§ 73.32 NIGHT OPERATION.
   The operation of a snowmobile within the corporate limits of the city shall be deemed a nuisance at any time after sundown or before 7:00 a.m. of any day unless it is being operated in response to an emergency.
(Prior Code, § 3-505) Penalty, see § 73.99
§ 73.33 OPERATION ON PUBLIC LANDS.
   Snowmobiles may be operated upon public lands owned by the city; provided, such operation is done in a manner which does not endanger others using the lands and the snow covering the land is of such depth and consistency so as to make reasonably certain that vegetation will not be destroyed or damaged by such operation.
(Prior Code, § 3-506) Penalty, see § 73.99
§ 73.34 ENFORCEMENT.
   Any peace officer, including a conservation officer, may enforce the provisions relating to snowmobiles.
(Prior Code, § 3-507) Penalty, see § 73.99
ALL-TERRAIN, UTILITY-TYPE AND GOLF CAR VEHICLES
§ 73.45 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ALL-TERRAIN VEHICLES. Any motorized off-highway vehicle which:
      (1)   Is 50 inches or less in width;
      (2)   Has a weight of 900 pounds or less;
      (3)   Travels on four or more low-pressure tires;
      (4)   Is designed for operator use only with no passengers or is specifically designed by the original manufacturer for the operator and one passenger;
      (5)   Has a seat or saddle designed to be straddled by the operator; and
      (6)   Has handle bars or any other steering assembly for steering control.
(Neb. RS 60-6,355)
   GOLF CAR VEHICLE. A vehicle that has at least four wheels, has a maximum level-ground speed of less than 20 mph, has a maximum payload capacity of 1,200 pounds, has a maximum gross vehicle weight of 2,500 pounds, has a maximum passenger capacity of not more than four persons, is designed and manufactured for operation on a golf course, for sporting and recreational purposes, and is not being operated within the boundaries of a golf course.
   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 the purpose of vehicular travel.
   UTILITY-TYPE VEHICLE.
      (1)   Any motorized off-highway vehicle which:
         (a)   Is not less than 48 inches or more than 74 inches in width;
         (b)   Is not more than 135 inches, including the bumper, in length;
         (c)   Has a dry weight of not less than 900 pounds nor more than 2,000 pounds;
         (d)   Travels on four or more low-pressure tires; and
         (e)   Is equipped with a steering wheel and bench- or bucket-type seating designed for at least two people to sit side by side.
      (2)   Riding lawnmowers and motorized wheelchairs are not UTILITY-TYPE VEHICLES as defined in this subchapter.
(Neb. RS 60-624)
(Ord. 424, passed 1-29-2018) Penalty, see § 73.99
§ 73.46 OPERATION REQUIREMENTS.
   (A)   An all-terrain vehicle, utility-type vehicle or golf car 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.
   (B)   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. When operating an all-terrain vehicle, utility-type vehicle or golf car 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-Glo 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 vehicle upon the travel portion of any public roadway within the corporate limits of the city except as specifically authorized and permitted under the terms of this subchapter.
   (D)   Any person operating an all-terrain, utility-type or golf car vehicle as authorized in division (B) above shall have:
      (1)   A valid Class O operator’s license, or a farm permit as provided in Neb. RS 60-4,126, and be 18 years of age or older;
      (2)   A permit issued by the City Clerk permitting operation within the corporate limits of the city; and
      (3)   Liability insurance coverage for the all-terrain, utility-type or golf car vehicle while operating such vehicle on a street or highway. The person operating the all-terrain, utility-type or golf car vehicle shall provide proof of such insurance coverage to any peace officer when requested.
   (E)   An all-terrain, utility-type or golf car vehicle may be operated without complying with divisions (A) 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, and may be operated within the city for the purpose of snow removal or for the purpose of responding to a bona fide emergency.
   (F)   An all-terrain, utility-type or golf car 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. Divisions (A) to (E) above and (G) below authorize and apply to the operation of an all-terrain, utility-type or golf car 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 by an all-terrain, utility-type or golf car vehicle without complying with divisions (A) and (F) above only if:
      (1)   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;
      (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.
(Ord. 424, passed 1-29-2018) Penalty, see § 73.99
Statutory reference:
   Related provisions, see Neb. RS 60-6,356
§ 73.47 TRAFFIC REGULATIONS APPLICABLE.
   The operator of an all-terrain, utility-type or golf car vehicle within the corporate limits of the city shall comply with, and is subject to, all traffic regulations of the city and of the state, including, but not limited to, those laws, ordinances or regulations pertaining to the operation or being in actual physical control of a motor vehicle while under the influence of alcoholic liquor or any drug. When making turns within the roadways and at intersections, the operator shall use the appropriate hand signals as designated by the state’s Rules of the Road.
(Ord. 424, passed 1-29-2018) Penalty, see § 73.99
§ 73.48 PERMITS; INSPECTIONS; FEES; TERM.
   (A)   In order to obtain a permit to operate an all-terrain, utility-type or golf car vehicle within the corporate limits of the city, an applicant must make an annual application therefor 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 type or golf car vehicle to be operated within the city by the applicant;
      (3)   Valid Class O operator’s license issued by the state; and
      (4)   Year, make, model, color, engine size and vehicle identification number (VIN) of the vehicle to be operated within the city by the applicant.
   (B)   In addition, the all-terrain, utility-type or golf car vehicle must pass inspection by the Chief of Police or other person designated by the city to ensure that the vehicle meets the following requirements:
      (1)   At least one working headlight and taillight;
      (2)   A working brake light;
      (3)   At least one rearview mirror;
      (4)   A working seatbelt on utility-type vehicles;
      (5)   A bicycle safety flag in compliance with § 73.46 of this chapter;
      (6)   A brake system maintained in good operating condition;
      (7)   A muffler system in good working condition, properly attached to the all-terrain, utility-type or golf car vehicle, which reduces the noise of operation of the motor to a 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 any all-terrain, utility-type or golf car vehicle;
      (8)   A United States Forest Service-qualified spark arrester; and
      (9)   A working horn.
   (C)   Upon compliance with §§ 73.45 and 73.46 of this chapter and payment of an application fee of $25, which fee may be amended from time to time by resolution of the City Council, the City Clerk shall issue the applicant a permit to operate the designated vehicle within the corporate limits of the city along with two permit stickers to attach to the vehicle.
   (D)   Permits to operate the designated vehicle shall be valid from the date of issuance until midnight on December 31 of the year for which the permit is issued.
   (E)   The permit stickers shall be prominently displayed on the front or rear fender or similar component of the operator’s all-terrain, utility-type or golf car vehicle.
(Ord. 424, passed 1-29-2018) Penalty, see § 73.99
§ 73.49 REVOCATION OF PERMIT.
   (A)   Violations of these provisions shall be punishable as set forth in § 73.99 of this chapter. In addition, any person receiving two or more citations within a 12-month period shall, upon conviction of the second or subsequent offense, have his or her permit to operate an all-terrain, utility-type or golf car vehicle within the city limits revoked for a period of one year from the date of conviction.
   (B)   Upon completion of the revocation period, said person must reapply for a permit in order to operate an all-terrain, utility-type or golf car vehicle within the city limits.
(Ord. 424, passed 1-29-2018) Penalty, see § 73.99
§ 73.99 PENALTY.
   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 70.99 of this code.
   (B)   Any person or individual who shall violate the provisions of § 73.17 of this chapter shall be deemed guilty of a misdemeanor and shall be fined in a sum not to exceed that permitted by state law for violation of a municipal ordinance, together with the court costs.
   (C)   Any person convicted of violating any rule or regulation dealing with snowmobiles as set out in §§ 73.30 to 73.34 of this chapter shall be punished by a fine of not more than $100.
(Prior Code, § 3-507)
   (D)   The operator of any snowmobile violating § 73.32 of this chapter shall be guilty of a misdemeanor.
(Prior Code, § 3-505)
   (E)   Any person who shall violate any provision of §§ 73.45 to 73.49 of this chapter shall be deemed guilty of a misdemeanor and shall be fined in a sum not to exceed that permitted by state law for the violation of a municipal ordinance, together with the court costs.
(Ord. 310, passed 6-28-2004; Ord. 424, passed 1-29-2018)