City of Seward, NE Article X All-Terrain and Utility-Type Vehicles

[Added 10-6-1987 by Ord. No. 23-87]

§ 382-10.1 Definitions; registration exceptions.

[Amended 3-30-2012 by Ord. No. 7-12[1]]

(Neb. RS 60-6, 355)

A. As used in this article, unless the context otherwise requires, the following terms shall have the meanings indicated:

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.

(d) Travels on four or more non-highway tires.

(2) "Utility-type vehicle" does not include all-terrain vehicles, golf cart vehicles, or low-speed vehicles.

B. All-terrain vehicles and utility-type vehicles which have been modified to include additional equipment not required by Neb. RS 60-6, 357 and 60-6, 358 shall not be required to be registered under the Motor Vehicle Registration Act, nor shall such modified or retrofitted vehicles be eligible for registration in any other category of vehicle defined in the Act.

(Neb. RS 60-6, 355)

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 382-10.2 Operation.

[Amended 1-2-1990 by Ord. No. 2-90; 9-6-1994 by Ord. No. 51-94; 12-4-2007 by Ord. No. 41-07; 3-20-2012 by Ord. No. 8-12; 10-4-2022 by Ord. No. 2022-16]

A. An all-terrain vehicle or a utility-type vehicle may be operated when such operation occurs only between the hours of sunrise and sunset. Any person operating an all-terrain vehicle or a utility-type vehicle shall have a valid Class O operator's license or a farm permit as provided in Neb. RS 60-4, 126, shall have liability insurance coverage for the all-terrain vehicle or utility-type vehicle while operating the vehicle on a highway, and shall not operate such vehicle at a speed in excess of 30 miles per hour. The person operating the all-terrain vehicle or utility-type vehicle shall provide proof of such insurance coverage to any peace officer requesting such proof within five days of such a request. All all-terrain vehicles or utility-type vehicles shall be registered each calendar year with the City of Seward in the name of the liability insurance holder and proof of insurance shall be presented at the time of registration; a sticker shall be issued that is displayed on the front of the all-terrain vehicles or utility-type vehicles. When operating an all-terrain vehicle or a utility-type vehicle, the headlight and taillight of the vehicle shall be on and the 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.

B. All-terrain vehicles and utility-type vehicles may be operated without complying with Subsection A of this section on highways in parades which have been authorized by the State of Nebraska or any department, board, commission, or political subdivision of the state.[1]

[1] Editor's Note: Original § 5-903 of the 1976 Code, Headlights, which immediately followed this section, was repealed 3-20-2012 by Ord. No. 9-12.

§ 382-10.3 Equipment requirements.

[Amended 3-20-2012 by Ord. No. 10-12]

Every all-terrain vehicle and utility-type vehicle 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. RS 60-6, 358)

§ 382-10.4 Equipment modifications prohibited.

[Amended 3-20-2012 by Ord. No. 11-12]

No person shall:

A. Equip the exhaust system of an all-terrain vehicle or a utility-type vehicle with a cutout, bypass, or similar device;

B. Operate an all-terrain vehicle or a utility-type vehicle with an exhaust system so modified; or

C. Operate an all-terrain vehicle or a utility-type vehicle with the spark arrester removed or modified except for use in closed-course competition events.

(Neb. RS 60-6, 359)

§ 382-10.5 Vehicles participating in competitions.

[Amended 3-20-2012 by Ord. No. 12-12]

All-terrain and utility-type vehicles participating in competitive events may be exempt from §§ 382-10.2 through 382-10.4 herein at the discretion of the Director of Motor Vehicles. (Neb. RS 60-6, 360)

§ 382-10.6 Accident reports.

[Amended 3-20-2012 by Ord. No. 13-12; 4-3-2018 by Ord. No. 2018-10]

If an accident results in the death of any person or in the injury of any person which requires the treatment of the person by a physician, the operator of each all-terrain or utility-type vehicle involved in the accident shall give notice of the accident in the same manner as provided in Neb. RS 60-699. (Neb. RS 60-6, 361)

§ 382-10.7 Violations and penalties.

[Amended 3-20-2012 by Ord. No. 14-12; 4-3-2018 by Ord. No. 2018-10]

Any person who violates §§ 382-10.2 to 382-10.6 shall be guilty of a Class III misdemeanor, except that if such person is convicted of a second or subsequent offense within any period of one year, he or she shall be guilty of a Class II misdemeanor. (Neb. RS 60-6, 362)

§ 382-10.8 Enforcement.

[Amended 3-20-2012 by Ord. No. 15-12]

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 §§ 382-10.2 through 382-10.6 of this article.