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§ 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
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