Loading...
(A) Definition. Golf cart is defined pursuant to Neb. RS 60-103 and means any vehicle which:
(1) Is four-wheeled,
(2) Can attain in one mile more than 20 mph and not more than 25 mph on paved, level surface,
(3) Gross vehicle weight rating is less than 3,000 lbs, and
(4) Complies with 49 C.F.R., Part 571, or
(5) Three-wheeled vehicle whose speed attainable in one mile is not more than 25 mph on a paved, level surface,
(6) Gross weight rating is less than 3,000 lbs,
(7) Equipped with a windshield and occupant protection system, and
(8) Complies with 49 C.F.R., Part 571.
(B) Operation and equipment. A golf cart 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 golf cart must be registered with City Hall as provided in this chapter, unless the same is owned by the city itself.
(2) A golf cart may only be operated on city streets with a posted speed limit of 35 mph or less.
(3) A golf cart shall not be operated at a speed faster than 20 miles per hour or the posted speed limit, whichever is less.
(4) Any person operating a golf cart 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 golf carts 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 golf carts between sunrise and sunset; and
(d) Only have as many riders as the manufacturers intended.
(5) Every golf cart shall be equipped with: A braking system maintained in good operating condition; complete with working brake lights.
(C) Usage in parades; usage on public roads, sidewalks and trails. Golf carts 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. A golf cart shall not be operated on any controlled-access highway with more than two marked traffic lanes, or any portion of Chestnut Street.
(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; and
(4) In crossing a divided highway, the crossing shall only be made at an intersection of another highway or roadway.
(F) Registration.
(1) Only golf carts 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 golf cart 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) Accident; report required. If an accident involving a golf cart results in 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 golf cart involved in the accident shall give notice of the accident in the same manner as provided in Neb. RS 60-699.
(H) 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 a golf cart 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 golf cart 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. 2440, passed 8-22-23)
PARKING; ADMINISTRATION AND ENFORCEMENT
(A) There is hereby created the Bureau of Violations within the powers and duties of the office of the City Clerk. A copy of each citation issued for nonmoving traffic violations or violations of the Rules and Regulations of the Park and Recreation Department shall be deposited by the City Police Department with the City Clerk, whose duty it shall be to collect all fines and, to maintain appropriate and accurate records of all such fines paid.
(B) Any person having been issued a citation for a nonmoving traffic violation or a violation of the Rules and Regulations of the Park and Recreation Department desiring to plead guilty and waive court appearance, may pay the City Clerk according to the following fine schedule based upon elapsed time from the occurrence of the violation, excluding weekends and legal holidays:
(1) Handicapped parking violations.
1-5 days: $25 (Fine- $20.05; Administrative Costs- $4.95)
6-15 days: $50 (Fine- $45.05; Administrative Costs- $4.95)
(2) All other nonmoving traffic violations.
1-5 days: $5 (Fine- $.05; Administrative Costs- $4.95)
6-15 days: $10 (Fine- $5.05; Administrative Costs- $4.95)
16+ days: $25 (Fine - $5.05; Administrative Costs - $19.95)
(3) Park and Recreation Department violations.
1-5 days: $5 (Fine- $.05; Administrative Costs- $4.95)
6-15 days: $10 (Fine- $5.05; Administrative Costs- $4.95)
16+ days: $25 (Fine - $5.05; Administrative Costs - $19.95)
(C) The applicable fine shall be payable at the office of the City Clerk during hours which said office shall be open to the public for transaction of business either in person or by mail. Further, said applicable fine may be paid by placing the money for said applicable fine in the night depository of the City Hall, 605 North Broadway, Wahoo, Nebraska 68066.
(D) In the event that any person having been issued a citation for a nonmoving traffic violation or a violation of the Rules and Regulations of the Park and Recreation Department fails to pay the applicable fine within the allotted time period, such violator or the owner of the offending motor vehicle shall be liable to prosecution in the County Court for the offense or offenses charged and subject to the penalty provided for by § 10.99 of this code.
(E) Whenever any person refuses, neglects, or fails to comply with any of the requirements of this section as herein provided, he or she shall be denied the benefits of any of the provisions thereof.
(’72 Code, § 5-417.02) (Ord. 1174, passed 9-24-81; Am. Ord. 1256, passed 7-10-86; Am. Ord. 1677, passed 4-8-99; Am. Ord. 1881, passed 12-9-04; Am. Ord. 1942, passed 9-28-06; Am. Ord. 2387, passed 3-8-22) Penalty, see § 10.99
Statutory reference:
Bureau of Violations authorized, see Neb. RS 18-1729
In any prosecution charging a violation of any provisions of this chapter, proof that the particular vehicle described in the citation was parked in violation of such chapter, together with proof that the defendant named in the complaint was at the time of such parking the registered owner of such vehicle, shall constitute in evidence a prima facie presumption that the registered owner of such vehicle was the person who parked or placed such vehicle at the point where and for the time during which such violation occurred.
('72 Code, § 5-417) (Ord. 1174, passed 9-24-81)
It shall be the duty of the police officers of the city, whenever they observe a violation of this chapter, to attach to such vehicle at the time such vehicle is found in violation, a citation to the owner or operator thereof that such vehicle is or has been parked in violation of a provision of this chapter, which citation shall describe such violation and instruct such owner or operator to report to the City Hall in regard to such violation.
('72 Code, § 5-417.01) (Ord. 1174, passed 9-24-81)
The City Street Commissioner shall have the power and authority to prohibit the parking of motor vehicles on any street or alley whenever he or she deems it necessary for the removal of snow, or the repair of said street or alley. The Street Commissioner shall have the power and authority to have any vehicle parked in violation of such order removed from the street or alley at the cost of the owner. Any person refusing to obey such an order of the Street Commissioner shall be deemed guilty of a misdemeanor and punished as provided in this chapter.
('72 Code, § 5-418) (Am. Ord. 1359, passed 1-10-91) Penalty, see § 10.99
(A) Whenever any police officer shall find a vehicle standing upon a street or alley in violation of any of the provisions of the chapter, such individual may remove or have such vehicle removed or require the driver or other person in charge of the vehicle to move such vehicle to a position off the roadway of such street or alley or from such street or alley.
(B) The owner or other person lawfully entitled to the possession of any vehicle towed or stored shall be charged with the reasonable cost of towing and storage fees. Any such towing or storage fee shall be a lien upon the vehicle prior to all other claims. Any person towing or storing a vehicle shall be entitled to retain possession of such vehicle until such charges are paid. The lien provided for in this section shall not apply to the contents of any vehicles.
(Neb. 60-6,165) ('72 Code, § 5-419) (Ord. 1248, passed 10-10-85)