(A) Except as provided in this section, an all-terrain vehicle or a utility-type vehicle may be operated only between the hours of sunrise and sunset on any street or road within the municipality, and only upon streets as further set forth herein. An all-terrain vehicle or a utility-type vehicle shall not be operated on any sidewalk within the municipality.
(B) Any person operating an all-terrain vehicle or a utility-type vehicle within the municipality on any street or road shall have a valid Class O operator’s license or a farm permit, as provided in Neb. RS 60-4,126, and shall be of the age of 17 years or older.
(C) No person shall operate an all-terrain vehicle or utility-type vehicle on any street or road within the municipality at a speed in excess of 20 mph.
(D) Any person operating an all-terrain vehicle or utility-type vehicle on any street or road within the municipality shall have liability insurance coverage on the same while operating the all-terrain vehicle or utility-type vehicle on any street or road and shall provide proof of such insurance coverage to any peace officer requesting such proof within five days of such a request.
(E) Any all-terrain vehicle or utility-type vehicle being operated as authorized by this section shall have the headlight and taillight of the vehicle on, and said vehicle shall be equipped with a bicycle safety flag which extends not less than five feet above ground attached to the rear of such vehicle. The bicycle safety flag shall be triangular in shape with an area of not less than 30 square inches and shall be day-glow in color.
(F) A person shall not operate or be a passenger on an all-terrain vehicle or utility-type vehicle on any street or road in the municipality unless such person is wearing a protective helmet of the type and design manufactured for use by operators of motorcycles and unless such helmet is secured properly on his or her head with a chin strap while the vehicle is in motion. All such protective helmets shall be designed to reduce injuries to the user resulting from head impact and shall be designed to protect the user by remaining on the user’s head, deflecting blows, resisting penetration and spreading the force of impact. Each such helmet shall consist of lining, padding and chin strap and shall meet or exceed 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 motorcycle helmets.
(G) Except as provided in this section, an all-terrain vehicle or utility-type vehicle shall not be operated on any state highway within the municipality. However, the crossing of a state highway shall be permitted by an all-terrain vehicle or utility-type vehicle, only if:
(1) The crossing is made at an angle of approximately 90 degrees to the direction of the highway and at a place where no obstruction presents a quick and safe crossing;
(2) The vehicle is brought to a complete stop before crossing the shoulder or roadway of the highway;
(3) The operator yields the right-of-way to all oncoming traffic that constitutes an immediate potential hazard;
(4) In crossing a divided highway, the crossing is made only at an intersection of such highway with another highway; and
(5) Both the headlight and the taillight of the vehicle are on when the crossing is made.
(H) All-terrain vehicles and utility-type vehicles may be operated on streets, roads or highways in parades which have been authorized by the state or the municipality.
(Prior Code, § 5-702) (Ord. 523, passed 11-3-1987; Ord. 661, passed 9-6-1994; Ord. 874, passed 7-14-2009; Ord. 938, passed 6-12-2018; Ord. 941, passed 12-11-2018) Penalty, see § 73.999