(A) For the purposes of this section:
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 four 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, and has handlebars or any other steering assembly for steering control.
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.
UTILITY-TYPE VEHICLE. Any motorized off-highway vehicle which is not less than 48 inches, nor more than 74 inches in width, is not more than 135 inches including the bumper, in length; has a dry weight of not less than 900 pounds, nor more than 2,000 pounds; travels on four or more low-pressure tires; and is equipped with a steering wheel and bench or bucket-type seating designed for at least two people to sit side-by-side. A UTILITY-TYPE VEHICLE does not include golf carts, low-speed vehicles, or electric personal assistive mobility devices as defined in § 3-1-5 of this code.
(B) An all-terrain vehicle or utility-type vehicle may be operated on streets and highways, other than a controlled-access highway with more than two marked traffic lanes, within the corporate limits of the city, only if the operator and the vehicle comply with the provisions of this article.
(C) It is unlawful to operate a three-wheeled all-terrain vehicle or utility-type vehicle within the city limits.
(D) An all-terrain vehicle or utility-type vehicle shall not be operated at a speed in excess of 30 mph and shall observe posted speed limits if lower than 30 mph.
(E) When operating an all-terrain vehicle or utility-type vehicle, the headlight and taillight of the vehicle shall be on. Whenever an all-terrain vehicle or utility-type vehicle is operated within the city, there shall be no trailer attached to the all-terrain vehicle or utility-type vehicle, and all cargo must be securely attached to the vehicle in such a manner that the cargo remains secured without any assistance of the operator.
(F) Every all-terrain vehicle or utility-type vehicle shall be equipped with a bicycle safety flag which extends not less than six feet above ground attached to the rear of the vehicle. 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. Every all-terrain vehicle and utility-type vehicle shall also be equipped with a brake system maintained in good operating condition; an adequate muffler system in good working condition; and a United States Forest Service Qualified Spark Arrester.
(G) 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 a closed-course competition event.
(H) Any person operating an all-terrain vehicle or utility-type vehicle shall have obtained a valid Class O operator’s license or a farm permit from the State Department of Motor Vehicles pursuant to the Motor Vehicle Operator’s License Act, being Neb. RS 60-401 et seq.
(I) The operator and any passenger of any all-terrain vehicle must wear a helmet in compliance with Neb. RS 60-6,278 through 60-6,282.
(J) Any person operating an all-terrain vehicle or utility-type vehicle shall have liability insurance coverage for the all-terrain vehicle or utility-type vehicle while operating the all-terrain vehicle or utility-type vehicle within the city. The person operating the all-terrain vehicle or utility-type vehicle shall provide proof of such insurance coverage to any peace officer requesting such proof within five days of such request. It shall be unlawful for any person to operate any all-terrain vehicle or utility-type vehicle within the city until the owner has demonstrated proof of insurance to the Police Department and obtained an insurance decal for the current year. The Police Department will issue a decal for the current year that must be affixed to the all-terrain vehicle or utility-type vehicle in a conspicuous place. The city will charge a fee of $25 for the issuance of the permit.
(K) All-terrain vehicles and utility-type vehicles may be operated on streets and highways without complying with divisions (C) through (I) above while in parades which have been authorized by the state, any department, board, commission, or political subdivision of the state.
(L) An all-terrain vehicle or 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. The crossing of any one of these streets or avenues shall be permitted by an all-terrain vehicle or utility-type vehicle if:
(1) The crossing is made at an angle of approximately 90 degrees to the direction of the street or avenue 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 avenue;
(3) The operator yields the right-of-way to all oncoming traffic that constitutes an immediate potential hazard;
(4) The crossing is made only at an intersection of such street or avenue with another street or avenue; and
(5) Both the headlight and taillight of the vehicle are on when the crossing is made.
(M) If an accident results in the death of any person or the injury of any person which requires a treatment of the person by a physician, or causes damage to the property of any person or entity in the apparent amount of more than $1,000, the operator of each all-terrain vehicle or utility-type vehicle involved in the accident shall give notice in the accident in the same manner as provided by Neb. RS 60-699.
(N) Any person who violates any provision of this article shall be punished as provided in § 6-7-1 of this code, unless otherwise provided for in this article. In addition to any penalties for violation hereof, the Police Department may impound any all-terrain vehicle or utility-type vehicle when operated in violation of state law or city ordinance, in the same situation as any violation in connection with a motor vehicle.