(A) Definitions.
(1) All-terrain vehicle (ATV) is defined pursuant to Neb. RS 60-103 and means any motorized off-highway vehicle which:
(a) Is 50" or less in width,
(b) Has a dry weight of 1,200 pounds or less,
(c) Travels on four or more non-highway tires, and
(d) Is designed for operator use only with no passengers or is specially designed by the original manufacture for the operator and one passenger.
(e) ATVs are declared to be motor vehicles subject to Nebraska Rules of the Road and traffic laws in addition to this chapter.
(2) Utility-type vehicle (UTV) is defined pursuant to Neb. RS 60-135.01 and means any motorized off-highway device which:
(a) Is 74" in width or less,
(b) Is not more than 180", including the bumper, in length,
(c) Has a dry weight of 2,000 pounds or less, and
(d) Travels on four or more non-highway tires.
(e) UTV does not include ATVs, golf cart vehicles, or low-speed vehicles as the same are defined by Nebraska law. UTVs are declared to be motor vehicles subject to Nebraska Rules of the Road and traffic laws in addition to this chapter.
(B) Operation and equipment. An ATV or UTV may be operated upon city streets and highways within the corporate limits of the city only if the operator and vehicle is in compliance with the following provisions in addition to the Nebraska Rules of the Road and city codes:
(1) Such ATV or UTV must be registered with City Hall as provided in this chapter, unless the same is owned by the city itself.
(2) An ATV or UTV shall not be operated at a speed faster than 30 miles per hour or the posted speed limit, whichever is less. When in operation, the headlights and taillights of the vehicle shall be on.
(3) Any person operating an ATV or UTV as authorized by this code shall:
(a) Have a valid Class O operator's license as provided for in Neb. RS 60-4,126;
(b) Have liability insurance coverage for the ATV or UTV while in operation upon a street or highway and provide such insurance proof of coverage upon the demand of any peace officer requesting such proof within five days of such request; such insurance shall be within the limits stated in Neb. RS 60-509, as amended from time to time;
(c) Only operate such ATV or UTV between sunrise and sunset;
(d) Only operate such ATV or UTV less than 30 mph; and
(e) Only have as many riders as the manufacturers intended.
(3) Every ATV and UTV shall be equipped with:
(a) A braking system maintained in good operating condition;
(b) An adequate muffler system in good working condition and without a cutout, bypass or similar device, or any modifications to the muffler system which increases the volume of the noise of the exhaust system. No portion of the system shall be permitted to contact the ground when weighted by its operator;
(c) A United States Forest Service-qualified spark arrester;
(d) Headlights, taillights, and break lights; and
(e) Equipped with a safety flag which extends no less than five feet above the ground and is attached to the rear of such vehicle. The flag shall be day-glow in color, triangular in shape, and of a size with an area of not less than 30 square inches.
(C) Usage in parades; usage on public roads, sidewalks and trails. ATVs and UTVs may be operated without complying with this section only:
(1) During parades which have been authorized by the state or any department, board, commission, or political subdivision of the state,
(2) If the operation is removing snow from driveways or sidewalks within 48 hours after cessation of a snow storm, or
(3) On public trails and streets only if engaged by the public entity for snow removal.
(D) Controlled-access highways and off-limit streets. An ATV or UTV shall not be operated on any controlled-access highway with more than two marked traffic lanes. Unless engaged by the city for municipal government purposes, it shall be unlawful to operate an ATV or UTV anywhere on. Provided, however, the crossing of said streets shall be permissible subject to the restrictions identified herein.
(E) Crossing highways. For the purpose of this section, the crossing of a highway shall be permitted only if:
(1) The crossing is made at an angle of approximately 90° perpendicular to the direction of travel being made on such highway and at a place where no obstruction prevents a timely and safe crossing;
(2) The vehicle is brought to a complete stop before crossing shoulder or roadway of said highway;
(3) The operator yields the right-of-way to all traffic which constitutes an immediate or potential hazard;
(4) In crossing a divided highway, the crossing shall only be made at an intersection of another highway or roadway; and
(5) Both headlights and taillights must be on when crossing is made.
(F) Registration.
(1) Only ATVs or UTVs registered with City Hall or owned by the city shall be authorized for operation on streets or highways within the corporate limits of the city. A registration sticker shall be issued by City Hall upon the owner submitting the following:
(a) Certification from the Wahoo Police Department stating that the ATV or UTV has been inspected and is in compliance with the equipment requirements identified by city code;
(b) Proof of liability insurance coverage for the vehicle specifically listing the vehicle as referenced by year, make, model, and serial number; and
(c) A $100 annual fee for registration of the vehicle.
(2) The registration sticker shall entitle the vehicle to be operated on the streets and highways of the city as provided by code during the calendar year of issuance. The annual fee will not be prorated and is not transferrable. No refunds shall be allowed for any reason. Registration will expire on December 31 of each year.
(3) A reflecting, self-destructing sticker with an assigned number will be provided to the registering owner upon registration of such vehicle at City Hall. This registration sticker shall be affixed on the vehicle's lower driver's side windshield if equipped, or if the vehicle is not equipped with a windshield, then the sticker shall be affixed on the driver's side front of such vehicle. A duplicate sticker at a cost of $25 may be issued by City Hall in the event of a lost or destroyed registration sticker.
(G) Dealer registration.
(1) A dealer of ATVs or UTVs located within the city shall make an application to City Hall for a dealer registration sticker, in lieu of registering each ATV and UTV which the dealer owns, to be used solely for the purposes of transporting, testing, demonstrating, or use in the daily use and conduct of business of the dealer. A dealer registration sticker shall be issued upon the dealer submitting the following:
(a) Certification from the dealer stating that ATVs and UTVs to be operated in accordance with the dealer registration sticker comply with the equipment requirements identified by city code;
(b) Proof of liability insurance coverage for the fleet of ATVs and UTVs to be operated
pursuant to this section; and
(c) A $300 annual fee is paid for the dealer registration sticker.
(2) Displaying the dealer registration sticker entitles the vehicle to be operated as provided by city code on the streets and highways of the city during the calendar year of issuance of the dealer registration sticker for uses described in this section. The annual fee shall not be prorated and no refunds will be allowed for any reason. A dealer registration sticker may be allowed to be placed on a placard or other item so as to allow for its transferability from vehicle to vehicle and shall be displayed upon the vehicle during its operation. A duplicated dealer registration sticker at a cost of $25 may be issued by City Hall in the event of a lost or destroyed dealer registration sticker.
(H) Accident; report required. If an accident involving an ATV or UTV results an injury to any person resulting in the examination or treatment of the injured person by a physician, or results in the death of any person, then the operator of each ATV or UTV involved in the accident shall give notice of the accident in the same manner as provided in Neb. RS 60-699.
(I) Penalty; impoundment. Any person who violates any provision of this section or violates the provisions defined by Neb. RS Ch. 39 or Ch. 60 while operating an ATV or UTV shall be subject to the penalties under the provisions of Neb. RS Ch. 39 and Ch. 60 and additionally all city-issued registrations for all of the operator's and the owner's ATVs and UTVs shall be revoked as follows:
(1) For the operator's first offense, the operator shall be fined $200;
(2) For the operator's second offense occurring within two years of the first offense, the operator shall be fined $400;
(3) For the operator's third offense occurring within two years of the first offense, the operator shall be fined $400, impoundment of vehicle, and all city-issued registrations of both the operator and the owner shall be revoked for a period of two years from the date of offense;
(4) For the operator's fifth offense occurring within five years of the first offense, all city-issued registrations of both the operator and the owner shall be revoked for a period of ten years from the date of offense.
(Ord. 2429, passed 4-25-23)