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Article 5 - Recreational and Off-Road Vehicles

ARTICLE 5 – RECREATIONAL AND OFF-ROAD VEHICLES
 

SECTION 4-501:  ALL-TERRAIN AND UTILITY-TYPE VEHICLES; DEFINITIONS
SECTION 4-502:  ALL-TERRAIN AND UTILITY-TYPE VEHICLES; OPERATION
SECTION 4-503:  ALL-TERRAIN AND UTILITY-TYPE VEHICLES; EQUIPMENT
SECTION 4-504:  ALL-TERRAIN AND UTILITY-TYPE VEHICLES; PROHIBITIONS
SECTION 4-505:  ALL-TERRAIN AND UTILITY-TYPE VEHICLES; PENALTY
SECTION 4-506:  ALL-TERRAIN AND UTILITY-TYPE VEHICLES; ENFORCEMENT
SECTION 4-507:  ALL-TERRAIN AND UTILITY-TYPE VEHICLES; ACCIDENT REPORT
SECTION 4-508:  GOLF CAR VEHICLES; DEFINITIONS
SECTION 4-509:  GOLF CAR VEHICLES; OPERATION

 

 

 

 

SECTION 4-501:  ALL-TERRAIN AND UTILITY-TYPE VEHICLES; DEFINITIONS

    A.  “All-terrain vehicle” (ATV) means 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.  (Neb. Rev. Stat. §60-6,355)

    B.  “Utility-type vehicle” (UTV) means any motorized off-highway vehicle which (1) is 74 inches in width or less, (2) is not more than 180 inches in length, including the bumper, (3) has a dry weight of 2,000 pounds or less, and (4) travels on four or more non-highway tires.  “Utility-type vehicle” does not include golf carts or low-speed vehicles.  (Neb. Rev. Stat. 60-6,355)

    C.  “Street” or “highway” means the entire width between the boundary limits of any street, road, avenue, boulevard, or way which is publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.  (Neb. Rev. Stat. §60-624)

    D. “Controlled-access highway” shall mean every highway or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or egress from except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway.  (Neb. Rev. Stat. §60-615)

 

SECTION 4-502:  ALL-TERRAIN AND UTILITY-TYPE VEHICLES; OPERATION

 

    An ATV and a UTV may be operated on streets and highways within the corporate limits of the city only if the operator and the vehicle comply with the provisions of this section:

        A. The city shall issue a permit for the operation of an ATV/UTV upon the applicant showing proof of ownership or registration and the required insurance to the city clerk.  The city shall issue a decal/plate as proof of a valid permit, which must be affixed to the ATV/UTV in a conspicuous place on the rear of such vehicle.  All permits shall be dated from January 1 of each year and shall be valid until December 31 of the same year.  The permit fee shall be set by resolution of the City Council and kept on file in the city clerk’s office and shall not be prorated or refundable for any reason.  Permits issued pursuant to this subsection may be revoked by the city or courts as stated in Section 4-505.

        B.  Any person operating an ATV or UTV as authorized herein shall have:

            1. A valid Class O operator's license or a farm permit as provided in Neb. Rev. Stat. §60‑4,126; and

            2. Liability insurance coverage for the ATV or UTV while being operated on a street or highway.  The person operating the vehicle shall provide proof of such insurance coverage to any peace officer requesting such proof within five days of such a request.

        C.  An ATV or UTV may be operated only between the hours of sunrise and sunset and shall not be operated at a speed in excess of 30 miles per hour.  When in operation as authorized herein, the headlight and taillight of the vehicle shall be on and it shall be equipped with a bicycle safety flag which extends not less than 5 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-Glo in color.

        D. ATVs and UTVs may be operated without complying with subsections (B) and (C) of this section on streets and highways in parades which have been authorized by the city.

        E. No passengers are allowed on any ATV. Only one passenger shall be allowed in a UTV unless the vehicle is equipped with rear passenger seats and certified by the manufacturer for additional passengers.

 

        F. The operator and passengers of a UTV shall operate said vehicle when the driver and each occupant in the vehicle are wearing occupant protection systems that are properly adjusted and fastened.

 

        G. All cargo must be securely attached to the ATV/UTV in such a manner that the cargo remains secured without any assistance of the operator.

 

        H. Any trailer pulled by an ATV/UTV shall have functioning taillights and brake lights and said trailer shall be connected by a ball mount or pin-type hitch.  All cargo must be securely attached to the trailer.

 

        I. All Nebraska Rules of the Road, state statutes, and city ordinances shall be followed during the operation of any ATV/UTV.

 

        J.  An ATV or a 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.  Subsections (A) through (C) and (F) of this section authorize and apply to operation of an ATV or UTV only on a street or highway other than a controlled-access highway with more than two marked traffic lanes.

 

        K.  Subject to subsection (J) of this section, the crossing of a street or highway shall be permitted by an ATV or a UTV without complying with subsections (B) and (C) of this section only if:

 

            1. The crossing is made at an angle of approximately 90° to the direction of the street or highway and at a place where no obstruction prevents a quick and safe crossing;

 

            2. The vehicle is brought to a complete stop before crossing the shoulder or roadway of the street or 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 taillight of the vehicle are on when the crossing is made.  (Neb. Rev. Stat. §60-6,356) (Ord. Nos. 15-11-01, 11/24/15; 19-08-02, 9/10/19)

 

SECTION 4-503:  ALL-TERRAIN AND UTILITY-TYPE VEHICLES; EQUIPMENT

 

    Every ATV or UTV shall be equipped with (A) a brake system maintained in good operating condition; (B) an adequate muffler system in good working condition; and (C) a United States Forest Service-qualified spark arrester.  (Neb. Rev. Stat. §60-6,358)

SECTION 4-504:  ALL-TERRAIN AND UTILITY-TYPE VEHICLES; PROHIBITIONS

    No person shall (A) equip the exhaust system of an ATV or UTV with a cutout, bypass or similar device; (B) operate an ATV or UTV with an exhaust system so modified; or (C) operate an ATV or UTV with the spark arrester removed or modified except for use in closed-course competition events.  (Neb. Rev. Stat. §60-6,359)

SECTION 4-505:  ALL-TERRAIN AND UTILITY-TYPE VEHICLES; PENALTY

    Any violation of this article which is also a violation under Neb. Rev. Stat. Chapter 60 may be punished under the penalty provisions of such chapter.  A court may revoke an ATV/UTV permit as part of its sentencing order.  The city superintendent may also revoke a permit at his or her sole discretion after request of law enforcement for repeated violations of this ordinance, serious violations of this ordinance which are concerns for the safety of the public (including occupants of the vehicle) and property, or use of said vehicle in alcohol related violations.  Revocation of a permit by the city superintendent may be appealed to the City Council.  (Neb. Rev. Stat. §60-6,362) (Ord. No. 15-11-01, 11/24/15)

 

SECTION 4-506:  ALL-TERRAIN AND UTILITY-TYPE VEHICLES; ENFORCEMENT

 

    Any peace officer of the state or of any political subdivision, including conservation officers of the Game and Parks Commission, shall be charged with the enforcement of the provisions of this article.  (Neb. Rev. Stat. §60-678) (Ord. No. 15-11-01, 11/24/15)

 

SECTION 4-507:  ALL-TERRAIN AND UTILITY-TYPE VEHICLES; ACCIDENT REPORT

 

    If an accident results in the death of any person or in the injury of any person requiring treatment by a physician, the operator of such golf car vehicle involved in the accident shall give notice of the accident in the same manner as provided in Neb. Rev. Stat. §60-699.  (Neb. Rev. Stat. §60-6,361) (Ord. No. 15-11-01, 11/24/15)

 

SECTION 4-508:  GOLF CAR VEHICLES; DEFINITIONS

 

    A. “Golf car vehicle” means a vehicle that: has at least four wheels, has a maximum level ground speed of less than 20 miles per hour, has a maximum payload capacity of 1,200 pounds, has a maximum gross vehicle weight of 2,500 pounds, has a maximum passenger capacity of not more than four persons, is designed and manufactured for operation on a golf course for sporting and recreational purposes, and is not being operated within the boundaries of a golf course.  (Neb. Rev. Stat. §60-622.01)

 

    B. “Road” means a public way for the purposes of vehicular travel, including the entire area within the right of way.  (Neb. Rev. Stat. §60-6,381)

 

    C. “Street” means a public way for the purposes of vehicular travel in the city and includes the entire area within the right of way.  (Neb. Rev. Stat. §60-6,381)

 

SECTION 4-509:  GOLF CAR VEHICLES; operation

 

    A. A golf car vehicle may be operated on streets within the corporate limits of the city if the operation is (1) between sunrise and sunset and (2) on streets with a posted speed limit of 35 miles per hour or less.  When operating a golf car vehicle as authorized under this subsection, the operator shall not operate such vehicle at a speed in excess of 20 miles per hour.  When in operation as authorized herein, the vehicle shall be equipped with a bicycle safety flag which extends not less than 5 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-Glo in color.  A golf car vehicle shall not be operated at any time on any state or federal highway but may be operated upon such a highway in order to cross a portion of the highway system which intersects a street as directed in subsection (C) of this section.

    B. Any person operating a golf car vehicle as authorized herein shall have a valid Class O operator's license and the owner of the golf car vehicle shall have liability insurance coverage for the vehicle.  The person operating the golf car vehicle shall provide proof of such insurance coverage to any peace officer requesting such proof within five days after such a request.  The liability insurance coverage shall be subject to limits, exclusive of interest and costs, as follows: $25,000.00 because of bodily injury to or death of one person in any one accident and, subject to such limit for one person, $50,000.00 because of bodily injury to or death of two or more persons in any one accident, and $25,000.00 because of injury to or destruction of property of others in any one accident.

 

    C. The crossing of a highway shall be permitted by a golf car vehicle only if:

 

        1. The crossing is made at an angle of approximately 90° to the direction of the highway and at a place where no obstruction prevents a quick and safe crossing;

 

        2. The golf car 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; and

 

        4. In crossing a divided highway, the crossing is made only at an intersection of such highway with a street or road, as applicable.

 

    D. The city shall issue a decal/plate as proof of a valid permit, which must be affixed to the golf car vehicle in a conspicuous place on the rear of such vehicle.  All permits shall be dated from January 1 of each year and shall be valid until December 31 of the same year.  The permit fee shall be as set by resolution of the City Council and kept on file in the city clerk’s office and shall not be prorated or refundable for any reason.  Permits issued pursuant to this subsection may be revoked by the city or courts as stated in Section 4-505.  (Neb. Rev. Stat. §60-6,381) (Am. Ord. No. 19-08-02, 9/10/19)