(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 50 inches or less in width;
(b) Has a dry weight of 1,200 pounds or less;
(c) Travels on no less than four non-highway tires; and
(d) Is designed for operator use only with no passengers or is specifically designed by the original manufacturer for the operator and one passenger.
(Neb. RS 60-103, 60-305 and 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 the use of the public for purposes of vehicular travel.
(Neb. RS 60-624)
UTILITY-TYPE VEHICLE.
(a) Any motorized off-highway vehicle which:
1. Is 74 inches in width or less;
2. Is not more than 135 inches, including the bumper, in length;
3. Has a dry weight of 2,000 pounds or less; and
4. Travels on four or more non-highway tires.
(b) UTILITY-TYPE VEHICLE does not include all-terrain vehicles, golf car vehicles, or low-speed vehicles.
(Neb. RS 60-135.01, 60-358.01 and 60-6,355)
(B) An all-terrain vehicle and a utility-type 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.
(C) An all-terrain vehicle and a utility-type vehicle may be operated only between the hours of sunrise and sunset and shall not be operated at a speed in excess of 30 miles per hour. When operating an all-terrain vehicle and utility-type vehicle as authorized in division (B) above, 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-glow in color.
(D) Any person operating an all-terrain vehicle or a utility-type vehicle as authorized in division (B) above shall have:
(1) A valid Class O operator's license; and
(2) Liability insurance coverage for the all-terrain vehicle or a 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 a utility-type vehicle shall provide proof of such insurance coverage to any peace officer requesting such proof within five days of such a request.
(E) All-terrain vehicles and utility-type vehicles may be operated without complying with divisions (C) and (D) 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.
(F) Except as provided in division (H) below, an all-terrain vehicle and a utility-type 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 (B), (D) and (G) of this section authorize and apply to operation of an all-terrain vehicle and a utility-type 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 vehicle and a utility-type vehicle without complying with divisions (C) and (D) 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.
(Neb. RS 60-6,356)
(H) All-terrain vehicles and utility-type vehicles shall not be permitted to be operated on State Highway #15 a/k/a Colfax Street and 16th Street, a/k/a Old State Highway #30, a/k/a County Road E, within the city limits, except to cross said highway as provided in division (G) above. Further, permits such as a farm permit shall not be sufficient to allow a person to operate an all-terrain vehicle or a utility-type vehicle as a valid Class O operator's license shall be required.
(I) Prior to any all-terrain vehicle or any utility-type vehicle being operated within the corporate city limits, all owners of an all-terrain vehicle and all owners of a utility-type vehicle shall be required to license such vehicle with the City Clerk, with a numbering tag system to identify the vehicle being licensed. The initial license fee of such owner shall be $50 and thereafter annually and no later than June 1 of each calendar year such vehicle shall be renewed for such license and the fee for such renewal shall be $25. Proof of liability insurance meeting the Nebraska State statute requirements for automobiles shall be required to be shown to the City Clerk prior to receiving the license tag for such vehicle, annually. If the owner of such UTV/ATV does not renew the annual license with the City Clerk on or before June 1 of such calendar year, such license fee shall be $50.
(J) No person shall operate an all-terrain vehicle or a utility-type vehicle within the corporate limits of the city without first complying with division (I) above requiring licensing of such all-terrain vehicle or utility-type vehicle and upon violation such person shall be punished as provided under § 70.99.
(Ord. 2013-05, passed 3-19-2013; Ord. 2015-09, passed 5-5-2015)