(A) (1) 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 900 pounds or less; travels on three or more low-pressure tires; is designed for operator use only with no passengers or is specifically designed by the original manufacturer for the operator and one passenger; has a seat or saddle designed to be straddled by the operator; has handlebars or any other steering assembly for steering control; and has a minimum motor displacement of 300 cubic centimeters (cc).
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.
(2) All-terrain vehicles 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.
(3) An all-terrain vehicle may be operated from sunrise to sunset and shall not be operated at a speed in excess of 25 mph, unless otherwise posted.
(4) When operating an all-terrain vehicle as authorized in division (B) below, the headlight and taillight of the vehicle shall be on at all times when operating within the corporate limits.
(5) When operating an all-terrain vehicle as authorized in division (B) below, all loads being transported on said all-terrain vehicle must be properly and completely secured to said vehicle.
(6) Owners must purchase and install a safety flag on the vehicle that will be registered, the safety flag shall extend not less than five feet above ground and be attached to the rear of such vehicle, and 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.
(7) It shall be unlawful for any person to operate, or be in actual physical control of any all-terrain vehicle upon the traveled portion of any public roadway within the corporate limits of the city, except as provided in Neb. RS 60-6,356 or as specifically authorized and permitted under the terms of this section.
(B) Any person operating an all-terrain vehicle as authorized herein shall:
(1) Be 17 years of age or older and have a valid Class O operator’s license issued by the state;
(2) Have liability insurance coverage for the all-terrain vehicle while operating the all-terrain vehicle on a street or highway. The person operating the all-terrain vehicle shall provide proof of such insurance coverage to any law enforcement officer at the time of requesting such proof; and
(3) Have a valid permit that is issued by the City Clerk permitting the operation of an all-terrain vehicle within the corporate limits of the city.
(C) (1) In order to obtain a permit to operate an all-terrain vehicle within the corporate limits of the city, an applicant must make an annual application at the office of the City Clerk and provide the following information:
(a) Name and address of the applicant;
(b) Proof of insurance for the all-terrain vehicle(s) to be operated within the city by the applicant;
(c) Valid Class O operator’s license issued by the state; and
(d) Year, make, model, color, engine size, and vehicle identification number (VIN) of the all-terrain vehicle to be operated within the city by the applicant.
(2) In addition, the all-terrain vehicle must pass inspection by the Police Department to ensure that the all-terrain vehicle meets the following requirements:
(a) At least one headlight and taillight that is operational;
(b) A safety flag in compliance with division (A) above;
(c) A brake system maintained in good operating condition;
(d) A muffler system in good working condition properly attached to the all-terrain vehicle which reduces the noise of operation of the motor to the 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, by-pass, straight pipe, or similar device on an all-terrain vehicle; and
(e) A United States Forest Service qualified spark arrester.
(3) Upon compliance with division (C) and payment of a permit fee of $25, the City Clerk shall issue the applicant a permit to operate the designated all-terrain vehicle(s) with the corporate limits of the city and a permit plate to attach to the all-terrain vehicle.
(4) Permits to operate an all-terrain vehicle shall be valid from the date of issuance until 12:00 a.m. on January 3 of the year for which the permit is issued. Annual renewal period shall be from December 1 to January 3.
(5) The permit plate shall be prominently displayed on the rear fender or similar component on the rear of the all-terrain vehicle.
(D) All-terrain vehicles may be operated without complying with these provisions on streets and highways within the corporate limits of the city in parades which have been authorized by the state or any department, board, commission, or political subdivision of the state. All-terrain vehicles used by governmental agencies in the pursuit of their duties shall be exempt from the provisions of this section.
(1) An all-terrain vehicle shall not be operated on any controlled-access highway with more than two marked traffic lanes, and the crossing of any control-access highway with more than two marked traffic lanes shall not be permitted.
(2) Subject to division (D)(1) above, the crossing of a street or highway shall be permitted by an all-terrain vehicle of this section only if:
(a) 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;
(b) The vehicle is brought to a complete stop before crossing the shoulder or roadway of the street or highway;
(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 is made 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.
(Neb. RS 60-6,356)
(3) All-terrain vehicles are prohibited from being operated on the sidewalks or walking trails of the city.
(4) Permitted all-terrain vehicles utilized by (EMS) emergency medical services or city personnel enroute to emergencies may be used at any time of the day.
(E) In addition to this section, the operator of an all-terrain vehicle within the corporate limits of the city shall comply with, and is subject to, all traffic regulations of the city and 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 Nebraska Rules of the Road.
(F) (1) Utility type vehicles (UTVs) shall adhere to all of the guidelines set forth for all-terrain vehicles.
(2) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
UTILITY-TYPE VEHICLES.
1. Vehicles weighing between 900 and 2,000 pounds with:
a. Widths between 48 and 74 inches;
b. Lengths no more than 135 inches;
c. Four or more low-pressure tires;
d. Steering wheels; and
e. Bench or bucket-type seating for at least two people to sit side by side.
2. UTILITY-TYPE VEHICLES does not include golf carts or low speed vehicles as defined by state law.
(G) (1) All equipment violations under division (C)(2) above shall be punished as provided:
(a) First offense issuance of a defect card. ATV or UTV shall not be allowed to operate in the corporate limits until unit is in compliance and inspected by the Police Department;
(b) Failure to comply with corrective actions or defect card shall result in a $50 fine, per incident; and
(c) Fines shall be paid within 30 days of issuance. Fines not paid within the 30 days of issuance result in immediate revocation of ATV or UTV permit and tag.
(2) All operator violations under divisions (C) and (E) above shall be punished as provided:
(a) Subsequent operator violations that accrue to a third offense in a calendar year shall constitute the revocation of operator privileges and city ATV or UTV permit for 12 months; and
(b) Upon completion of the revocation period, said person must reapply for a permit in order to operate an all-terrain (ATV) or utility type (UTV) within the city limits.
(Ord. 655, passed 12-17-2011) Penalty, see § 70.99