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§ 73.033 ENFORCEMENT.
   Any peace officer, including a conservation officer, may enforce the provisions relating to snowmobiles.
(Prior Code, § 5-511)
Statutory reference:
   Similar provisions, see Neb. RS 60-6,343
ALL-TERRAIN VEHICLES AND UTILITY-TYPE VEHICLES
§ 73.045 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ALL-TERRAIN VEHICLE. Any motorized off-highway vehicle which:
      (1)   Is 50 inches or less in width;
      (2)   Has a dry weight of 1,200 pounds or less;
      (3)   Travels on three or more non-highway tires; and
      (4)   Is designed for operator use only with no passengers or is specifically designed by the original manufacturer for the operator and one passenger.
   UTILITY-TYPE VEHICLE.
      (1)   Any motorized off-highway vehicle 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.
      (2)   UTILITY-TYPE VEHICLE does not include all-terrain vehicles, golf car vehicles or low-speed vehicles.
(Prior Code, § 5-701) (Ord. 523, passed 11-3-1987; Ord. 938, passed 6-12-2018)
Statutory reference:
   Similar provisions, see Neb. RS 60-6,355
§ 73.046 OPERATION.
   (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
§ 73.047 EQUIPMENT.
   Every all-terrain vehicle and utility-type vehicle shall be equipped with:
   (A)   A brake system maintained in good operating order;
   (B)   An adequate muffler system in good working condition; and
   (C)   A United States Forest Service qualified spark arrester.
(Prior Code, § 5-703) (Ord. 523, passed 11-3-1987; Ord. 938, passed 6-12-2018)
Statutory reference:
   Similar provisions, see Neb. RS 60-6,358
§ 73.048 PERMIT AND LICENSING FEE.
   (A)   No all-terrain vehicles and utility-type vehicles shall be operated on any street within the municipality unless it has displayed upon the front left portion thereof a current sticker issued by the municipality.
   (B)   Said sticker shall be obtained annually upon the following.
      (1)   The owner thereof shall provide proof of valid and current liability insurance coverage, as required by state law for all-terrain vehicles and utility-type vehicles.
      (2)   The owner shall pay an annual licensing fee to the municipality in the sum of $25, on or before May 1 of each calendar year. Any licensing fee paid after May 1 shall incur an additional $5 late fee.
      (3)   An owner shall be entitled to a ten-day temporary permit at any time and shall pay a temporary licensing fee of $10 for each such ten-day temporary permit obtained.
(Prior Code, § 5-704) (Ord. 523, passed 11-3-1987; Ord. 941, passed 12-11-2018; Ord. 938, passed 6-12-2018) Penalty, see § 73.999
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