(A) Definitions.
(1) ALL-TERRAIN VEHICLE (ATV). Pursuant to Neb. RS 60-103 means any motorized off-highway vehicle which:
(a) Is 50inches 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.
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). Pursuant to Neb. RS 60-135.01 means any motorized off-highway device which:
(a) Is 74 inches in width or less;
(b) Is not more than 180 inches, 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.
UTV does not include ATVs, golf car 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) ATVs and UTVs; prohibited operation and exceptions.
(1) ATVs and UTVs may not be operated upon any city streets, sidewalks, public right-of-ways and highways within the corporate limits of the city except as follows:
(a) By an employee of the city in their official capacity for the city and while operating a city owned ATV or UTV;
(b) A contractor or other authorized representative of the city may also use such vehicles in furtherance of a city contracted purpose if expressly allowed to do so by the City Administrator or supervising Department manager;
(c) During parades which have been authorized by the state or the city;
(d) If the operator is removing snow from the road or sidewalk from commencement of storm to up to 48 hours after cessation of a snow storm;
(e) If the operator is addressing storm damage within 48 hours after an emergency event as declared by the Mayor; or
(f) On public trails, sidewalks or public right-of-ways while engaged by the city for snow removal.
(2) Any person operating a ATV or UTV as authorized by this code section shall:
(a) Be at least 18 years of age;
(b) Have a valid Class O operator's license or a farm permit as provided for in Neb. RS 60-4,126;
(c) 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;
(d) If operating or riding on an ATV or UTV, utilize manufacturer installed seat belts or wear a helmet approved for lawful operation of a motorcycle in the State of Nebraska; and
(e) Only operate such ATV or UTV between sunrise and sunset.
(C) ATVs and UTVs; equipment. Every ATV and UTV shall be equipped with:
(1) A braking system maintained in good operating condition;
(2) 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;
(3) A United States Forest Service-qualified spark arrester;
(4) Headlights and taillights;
(5) A reflective sign must be affixed to the rear of the vehicle; and,
(6) 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.
(D) ATVs and UTVs; prohibition against operation on and crossing of control led-access highways. An ATV or UTV 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.
(E) ATVs and UTVs; crossing highways other than controlled-access highways. For the purpose of this section, the crossing of a non-controlled access highway shall be permitted only if:
(1) The crossing is made at an angle of approximately 90 degrees 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 the 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 highway, the crossing shall only be made at an intersection of another roadway; and, both the headlights and taillights must be on when the crossing is made.
(F) ATV and UTVs; 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.
(G) ATV and UTVs; penalty; impoundment. Any person who violates any provision of this section or violates the provisions defined by Chapter 39 or Chapter 60 of the Revised Statutes of Nebraska while operating an ATV or UTV shall be subject to the penalties under the provisions of Chapter 39 and Chapter 60 of the Revised Statutes of Nebraska and additionally impoundment of the vehicle is hereby authorized and 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 prohibited from operating ATVs and UTVs within the city for a period of one year from the date of offense; all city-issued registrations of both the operator and the owner shall be revoked for a period of one year from the date of the offense; and the vehicle shall be impounded until it is validly registered or for 14 days, whichever is less, in a privately operated garage or other place designated by or maintained by the city with all costs payable by the owner. The individual shall also be charged with a Class III misdemeanor which carries a possible maximum penalty of a $500 fine and/or three months in jail or both;
(2) For the operator's second offense occurring within ten years of the first offense, the operator shall be prohibited from operating UTVs within the city for a period of five years from the date of offense; all city-issued registrations of both the operator and the owner shall be revoked for a period of five years from the date of offense; and the vehicle shall be impounded until it is validly registered or for 30 days, whichever is less, in a privately operated garage or other place designated by or maintained by the city with all costs payable by the owner. The individual shall also be charged with a Class II misdemeanor which carries a possible maximum penalty of a $1,000 fine and/or six months in jail or both.
(Ord. 2282, passed 8-9-18)