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(1) “All-terrain vehicle” shall mean any motorized off-highway vehicle which is fifty inches or less in length, 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 designed to be straddled by the operator, and has handlebars or any other steering assembly for steering control. (Neb. Rev. Stat. 60-6,355(l)(a))
(2) “Utility-type vehicle” means any motorized off-highway device which (a) is not less than 48 inches nor 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. Utility type vehicle does not include golf carts or low-speed vehicles. (Neb. Rev. Stat. 60-6,3559(l)(b)(i) and (ii))
(3) “Mini truck” means a foreign-manufactured import vehicle or domestic-manufactured vehicle which (a) is powered by an internal combustion engine with a piston or rotor displacement of 1,000 cubic centimeters or less, (b) is 67 inches or less in width, (c) has a dry weight of 4,200 pounds or less, (d) travels on four or more tires, (e) has a top speed of approximately 55 miles per hour, (f) is equipped with a bed or compartment for hauling, (g) has an enclosed passenger cab, (h) is equipped with headlights, taillights, turn signals, windshield wipers, a rearview mirror, and an occupant protection system, and (i) has a four-speed, five-speed, or automatic transmission (Section 37 of LB650).
(4) “Street” means the entire width between the boundary limits of any street, highway, road, avenue, boulevard, alley or way, which is publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. (Neb. Rev. Stat. 60-624)
(5) “Expressway” shall mean a divided arterial highway designed primarily for through traffic with full or partial control of access which may have grade separations at intersections.
(6) “Freeway” shall mean a divided arterial highway designed primarily for through traffic with full control of access and with grade separations at all intersecting road crossings, including all interchanges and approach and exit roads thereto.
(7) “Grade separation” shall mean a crossing of two highways at different levels.
(b) Operation of All-Terrain Vehicles and Utility-type Vehicles.
(1) An all-terrain or utility-type vehicle may be operated on the streets within the corporate limits, other than Illinois Street and L-17-J which is a controlled access highway with more than two marked traffic lanes, but only if the operator and the vehicle comply with the provisions of this section.
(2) No person shall operate an all-terrain or utility-type vehicle within the City limits at anytime other than between the hours of sunrise and sunset and shall not operate said vehicle at a speed in excess of the posted speed limit but in no event in excess of 30 miles per hour and during operation the operator shall be in a seated position straddling the vehicle with one leg on each side for saddle-style seating vehicles or on the driver's side seat for bench or bucket-style seating vehicles. No passengers are permitted to ride on an all-terrain vehicle with saddle-style seating operated by another but may occupy a passenger seat in a bench or bucket-style vehicle so long as the passenger is using a safety restraint belt. No operator shall permit another to be a passenger while operating an all-terrain vehicle with saddle-style seating on the streets of the City.
(3) No person shall operate an all-terrain or utility-type vehicle on the streets of the City unless the operator shall have a valid Class O operator's license and liability insurance coverage for the vehicle being operated. The person operating the all-terrain or utility-type vehicle shall exhibit their license and provide proof of such insurance coverage to the peace officer requesting same at the time of investigation but the operator may provide proof of insurance to the Police Department within five days.
(4) No person shall operate an all-terrain vehicle on the streets and highways of the City unless such person is wearing a protective helmet secured properly on the head of the operator with a chin strap while the vehicle is in motion, which helmet consists of lining, padding and chin strap which meets or exceeds the standards established in the United States Department of Transportation's Federal Motor Vehicle Safety Standard No. 218, 49 C.F.R. 571.218, for motorcycles.
(5) No person will operate an all-terrain or utility-type vehicle on the streets of the City unless the vehicle is equipped with at least four wheels, an operating speedometer, and with a headlight and taillight which shall be on at all times when operated on said streets and highways and with a bicycle safety flag, triangular in shape with an area of not less than 30 square inches and day-glow in color, which extends not less than five feet above the ground and is attached to the rear of such vehicle.
(6) No person shall operate an all-terrain or utility-type vehicle on the streets of 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 which shall be affixed to the all-terrain or utility-type vehicle in a conspicuous place. All insurance decals will expire on December 31 in the year of issuance and must be renewed on or before January 1 of each year. The City shall charge a fee for the issuance of such insurance decal as set out in in the Master Fee Schedule of the City of Sidney.
(7) All-terrain or utility-type vehicles may be operated without complying with the passenger safety restraint requirement and the requirements of paragraphs (b)(3), (b)(4), (b)(5) and (b)(6) hereof on streets and highways in parades which have been authorized by the State or any department, board, commission or political subdivision of the State. The Police Department is to be notified of operation pursuant to this provision at least two days in advance of the parade.
(8) No person shall operate an all-terrain or utility-type vehicle on Illinois Street or Highway L-17-J. No person shall operate an all-terrain or utility-type vehicle on Old Post Road between the Eleventh Avenue intersection and Highway L-17-J except within the far right lane of travel.
(9) No person shall cross Highway L-17-J which is a controlled access highway with more than two traffic lanes on an all-terrain or utility-type vehicle. No person shall cross any other highway including Illinois Street (Highway 30) on an all-terrain or utility-type vehicle without complying with paragraphs (b)(3), (b)(4), (b)(5) and (b)(6) hereof and shall:
A. Cross at an angle of approximately 90 degrees to the direction of the highway and at a place where no obstruction permits a quick and safe crossing;
B. Bring the vehicle to a complete stop before crossing the shoulder or roadway of the highway;
C. Yield the right-of-way to all on-coming traffic that constitutes an immediate potential hazard;
D. In crossing a divided highway, make the crossing only at a crossing intersection; and
E. Have both headlight and taillight of the vehicle on when the crossing is made.
(10) No person shall operate an all-terrain vehicle or utility-type vehicle in the City unless the same is equipped with:
A. A brake system and muffler system both maintained in good operating condition; and
B. A United States Forest Service qualified spark arrester. (Neb. Rev. Stat. 60-6,357 and 60-6,358)
(11) No person shall:
A. Equip the exhaust system of an all-terrain or utility-type vehicle with a cutout, bypass or similar device;
B. Operate an all-terrain or utility-type vehicle with an exhaust system so modified; or
C. Operate an all-terrain vehicle or utility-type vehicle with the spark arrester removed or modified except for use in closed-course competition events with the exemption that prior to the event, the all-terrain vehicle participating in a competitive event may be exempted by the Director of the Nebraska Department of Motor Vehicles. (Neb. Rev. Stat. 60-6,359 and 60-6,360)
(12) Every all-terrain vehicle (ATV) or utility-type vehicle (UTV) as defined by the Statutes of Nebraska or the Sidney Municipal Code, which is operated within the jurisdiction of the City, is subject to all of the motor vehicle rules of the road and traffic laws as defined in either the Nebraska State Statutes or the Sidney Municipal Code.
(c) Operation of Mini Trucks.
(1) A mini truck may be operated on the streets and highways within the corporate limits, but only if the operator and the vehicle comply with the provisions of this section.
(2) No person shall operate a mini truck within the City limits unless the same is properly registered under the Motor Vehicle Registration Act and prominently displays the one license plate issued to that vehicle on the rear of the vehicle.
(3) No person shall operate a mini truck within the City limits any time other than between the hours of sunrise and sunset or at a speed in excess of the posted speed limit.
(4) No person shall operate a mini truck while transporting more than two persons except if an additional seat with seatbelt is available therein for each additional person.
(5) No person shall operate a mini truck on the streets and highways of the City unless the operator shall have a valid motor vehicle operator's license and liability insurance coverage for the vehicle being operated. No person operating the mini truck on the streets and highways of the City shall refuse to present their license and proof of liability insurance coverage to a peace officer upon request of the officer.
(6) No person will operate a mini truck on the streets and highways of the City unless the vehicle travels on four or more tires, has an enclosed passenger cab, and is equipped with speedometer, headlights, taillights and front and rear turn signals all of which comply with the Nebraska Rules of the Road, windshield wipers, a rear view mirror, an occupant protection system, i.e. seatbelt for each seat, and a four-speed, five-speed or automatic transmission. No person will operate a mini truck on the streets and highways of the City unless all headlights and taillights are on and lighted.
(7) No mini truck shall be operated on expressways or on freeways within the City.
(8) Mini trucks are classified as "motor vehicles" under the Nebraska Motor Vehicles Act and operators are thereby required to abide by the provisions of the Motor Vehicle Registration Act, the Nebraska Motor Vehicle Safety Responsibility Act, Nebraska Rules of the Road and all other State and City ordinance traffic requirements except as otherwise provided in this section.
(d) Penalty. Any person who violates any provision of subsections (b) or (c) hereof shall be fined in any amount up to two hundred dollars ($200.00) for each violation.
(Ord. 1637. Passed 6-8-10; Ord. 1800. Passed 9-25-18.)