(A) Definitions. For purposes 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:
(a) Is not 50 inches or less in width;
(b) Has a dry weight of 900 pounds or less;
(c) Travels on three or more low pressure tires;
(d) Is designed for operator use only with no passengers or is specifically designed by the original manufacturer for the operator and one passenger;
(e) Has a seat or saddle designed to be straddled by the operator; and
(f) Has handlebars or any other steering assembly for steering control.
(Neb. RS 60-6,355)
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 use of the public order for purposes of vehicular travel.
(Neb. RS 60-624)
UTILITY-TYPE VEHICLE.
(a) Any motorized off-highway vehicle which:
1. Is not less than 48 inches nor more than 74 inches in width;
2. Is not more than 135 inches, including the bumper, in length;
3. Has a dry weight of not less than 900 pounds nor more than 2,200 pounds;
4. Travels on four or more low-pressure tires; and
5. Is equipped with a steering wheel and bench or bucket-type seating designed for at least two people to sit side-by-side.
(b) UTILITY-TYPE VEHICLE
does not include golf carts or iow-speed vehicles.
(Neb. RS 60-6,355)
(B) An all-terrain vehicle and utility-type vehicle may be operated on the streets and highways within the corporate limits of city only if the operator and vehicle comply with the provisions of this section.
(C) An all-terrain vehicle and utility-type vehicle may be operated on the streets and highways within the corporate limits of the city only if such vehicle is equipped with headlights, taillights, brake lights, an OEM muffler, and a federally approved 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 shape with an area of not less than 30 square inches and shall be day glow in color.
(D) Operation.
(1) Any person operating an all-terrain vehicle or a utility-type vehicle as authorized in division (B) above shall have:
(a) A valid class O operator's license; and
(b) Liability insurance coverage for the all-terrain vehicle or utility-type vehicle while operating the all-terrain vehicle or utility-type vehicle on a street or highway. The person operating the all-terrain vehicle or shall provide proof of such insurance coverage to any police officer requesting such proof within five days of such a request.
(2) All-terrain vehicles and utility-type vehicles may be operated, without complying with divisions (C) and (D)(1) above, on streets and highways in parades which have been authorized by the State of Nebraska or any department, board, commission, or political subdivision of the state.
(3) All-terrain vehicles or utility-type vehicles 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.
(4) The crossing of a street or highway shall be permitted by an all-terrain vehicle or a utility-type vehicle, without complying divisions (C) and (D)(1) above, only if:
(a) The crossing is made at an angle proximately 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 the intersection of such highway with another highway; and
(e) Both the headlight and taillight of the vehicle are on at the time the crossing is made. (Neb. RS 60-6,356)
(E) No person shall:
(1) Equip the exhaust system of an all-terrain vehicle or utility-type vehicle with a cutout, bypass, or similar device;
(2) Operate an all-terrain vehicle or utility-type vehicle with an exhaust system so modified; or
(3) Operate an all-terrain vehicle or utility-type vehicle with the spark arrester removed or modified except for use in closed-course competition events.
(F) Registration.
(1) In order to be authorized for operation on the streets and highways of the city, an all-terrain vehicle or utility-type vehicle must be registered in the office of the City Clerk. A registration sticker will be issued upon submitting proof the following:
(a) A certificate from a city police officer indicating that the all-terrain vehicle or utility-type vehicle has been inspected and complies, in full, with the equipment requirements identified in division (C) above.
(b) Proof of liability insurance coverage for the all-terrain vehicle or utility-type vehicle while operating such vehicle on a street or highway.
(c) A $15 annual fee for registration of the vehicle. A $25 annual fee shall be required of dealers of all-terrain vehicles or utility-type vehicle within the city. All such fees shall be credited to the Police Department Fund of the city. The registration sticker will entitle the all-terrain vehicle or utility-type vehicle to be operated on the streets and highways of the city from January 1 in any year to December 31 the following year and shall be renewable annually. The annual fee shall not be prorated. A registration sticker shall be displayed on the left lower corner of the windshield of such vehicle, or if the vehicle is not equipped with a windshield at the left front of such vehicle.
(2) Upon compliance with the registration requirements identified herein, the City Clerk shall issue a registration sticker for the all-terrain vehicle or utility-type vehicle being registered. Said registration sticker must be prominently displayed upon said vehicle at all times while such vehicle is in operation on the streets and highways of the city.
(G) Any person operating an all-terrain vehicle or utility-type vehicle as authorized by this section shall be at least 20 years old and shall possess a valid driver's license issued by the State of Nebraska or another state. The individual operating the all-terrain vehicle or utility-type vehicle shall provide proof of insurance coverage as required elsewhere in this section to any police officer requesting such proof within five days of the request being made. No person shall operate an all-terrain vehicle or utility-type vehicle on the streets or highways of the city, in violation of the Nebraska rules of the road as established by the Revised Statutes of the State of Nebraska.
(H) Work permit.
(1) The city may issue a work permit to an operator that otherwise complies with all the terms of this section with the exception of age. A work permit shall be issued by the City Clerk, upon receipt of the following:
(a) Application signed by the applicant, who is at least 16 years of age as of the date thereof, and the parent or legal guardian of the applicant. The applicant will acknowledge receipt of a copy of this section and certification of the applicant and parent/guardian that the applicant will fully comply with all provisions thereof.
(b) Upon issuance of a work permit, the holder thereof may operate an all-terrain vehicle or utility-type vehicle for legitimate employment purposes (snow removal, lawn care or agricultural use), and in addition, holder may operate an all-terrain vehicle or utility-type vehicle to or from the site where the operator is engaged in such employment and the residence of the operator, over the most direct and accessible route through the streets of the city.
(2) The holder of the work permit shall not use any type of interactive wireless communication device while operating an all-terrain vehicle or utility-type vehicle on the streets of the city.
(I) Local requirement.
(1) Any operation of an all-terrain vehicle or utility-type vehicle within the city limits shall, in addition to the requirements above, obey all municipal traffic ordinances and regulations, including, but not limited to, posted speed limits and stop signs; and
(2) Any operator who is 20 years or younger must wear a D.O.T. certified motorcycle helmet at all times.
(J) (1) An all-terrain vehicle or utility-type vehicle may be operated only between the hours of sunrise and sunset, unless equipped with operable snow plow blade and apparatus, and shall not be operated at a speed in excess of the posted speed limit and in no event in excess of 30 mph.
(2) All-terrain vehicles and utility-type vehicles may be operated inside the corporate limits of the city by electric utility personnel within the course of their employment in accordance with the operation requirements, with the exception that the operation of such vehicle need not be limited to the hours between sunrise and sunset.
(K) A person who is found to be in violation of this section shall be guilty of a misdemeanor punishable by a minimum fine of $100 and up to a maximum fine of $300 for each separate offense.
(Ord. 2010-O-004, passed 4-5-10; Am. Ord. 2011-O-001, passed 1-3-11)