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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
(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
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
(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
(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
(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.
(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)