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ORDINANCE NO. 500- 09

            AN ORDINANCE OF THE CITY OF SCRIBNER, NEBRASKA DEFINING AND REGULATING ALL TERRAIN VEHICLES; PROVIDING RULES OF OPERATION AND OF DRIVERS OF ALL TERRAIN VEHICLES; PROVIDING PENALTIES FOR VIOLATION OF THE TERMS OF THIS ORDINANCE; REPEALING ALL CONFLICTING ORDINANCES AND PROVIDING AN EFFECTIVE DATE.

 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SCRIBNER, NEBRASKA AS FOLLOWS:

SECTION 1:  ALL TERRAIN VEHICLES DEFINED

  1. As used in this article, unless the context otherwise requires, “all terrain vehicle” shall mean any motorized off-highway vehicle, which:

1. Is 50 inches or less in width;

2. Has a dry weight of 600 pounds or less;

3. Travels on three or more low-pressure tires;

4. Is designed for operator use only and no passengers;

5. Has a seat or saddle designed to be straddled by the operator; and

6. Has handlebars or any other steering assembly for steering control.

SECTION 2: ALL-TERRAIN VEHICLES; OPERATION

Operation of All Terrain Vehicles shall be permitted within the City only if operators of such vehicles comply with the provisions as set forth below:

SECTION 3:  STREET CROSSING

            The crossing of a street, road or highway shall be permitted only if:

1.  The crossing is made at an angle of approximately 90° to the direction of the street, road 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, road 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 street, road or highway, the crossing is made only at an intersection of such street, road or highway with another street, road or highway; and

5.  Both the headlight and taillight of the vehicle are on when the crossing is made.

SECTION 4:  OPERATION PROVISIONS

                  An all terrain vehicle may be operated on a street, road or highway when such operation occurs only between the hours of sunrise and sunset.  Any person operating an all terrain vehicle on a street, road or highway shall be at least 16 years of age and shall have a valid Class O operator’s license or a farm permit as provided in Neb. Rev. Stat. Sec. 60-4,126, and shall not operate such vehicle at a speed in excess of 30 miles per hour.  Said vehicle shall be covered by a policy of liability insurance in minimum amounts as required by the laws of the State of Nebraska as shall be in effect from time to time.  When operated on a street, road or highway, the headlight and taillight of the vehicle shall be on and the vehicle shall be equipped with a bicycle safety flag attached to the rear of such vehicle, extending not less than five feet above the ground.  The bicycle safety flag shall be triangular in shape with an area of not less than 30 square inches and shall be in a Day-Glo color. 

SECTION 5:  REGISTRATION

           The owner of each all-terrain vehicle to be operated within the city limits of the City of Scribner under the provisions of this Ordinance shall be required to pay to the City of Scribner the sum of $20.00 per year to register said vehicle.  Each registered vehicle will be issued a permit number for identification purposes.  Said number shall be of a size and shape as determined by the City Council, and shall be displayed prominently on the left rear fender of said vehicle.  Said registration shall be revoked for violation of the terms of this Ordinance under the provisions set out in Section 12, below.

SECTION 6:  PARADE EXCEPTION

            All-terrain vehicles may be operated on street, roads or highways in parades, which have been authorized by the State of Nebraska or the City. (Ref. Neb. Rev. Stat. Sec. 60-6,356)

SECTION 7:  HEADLIGHTS

            Every all-terrain vehicle shall display a lighted headlight and taillight during the period of time from one-half hour after sunset to one-half hour before sunrise and at any time when visibility is reduced due to insufficient light or unfavorable atmospheric conditions. (Ref. Neb. Rev. Stat. Sec. 60-6,357)

SECTION 8:  EQUIPMENT, REQUIREMENT

            Every all-terrain vehicle shall be equipped with

  1. A brake system maintained in good operation condition;
  2. An adequate muffler system in good working condition; and
  3. A U.S. Forest Service qualified spark arrester. (Ref. Neb. Rev. Stat. Sec. 60-6,358)

SECTION 9:  PROHIBITIONS

            No person shall:

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

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

C.  Operate an all-terrain vehicle with the spark arrester removed or modified except for use in closed-course competition events.  (Ref. Neb. Rev. Stat. Sec. 60-6,359)

SECTION 10:  COMPETITION

            All terrain vehicles participating in competitive events may be exempted from the provisions of this ordinance if approved by the Nebraska Department of Motor Vehicles. (Ref. Neb. Rev. Stat. Sec. 60-6,360)

SECTION 11:  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 each all-terrain vehicle involved in the accident shall give notice of the accident in the same manner as provided in Neb. Rev. Stat.  §60-699. (Ref. Neb. Rev. Stat.  §60-6,361)

SECTION 12:  PENALTY

            Any person violating the terms of this Ordinance shall be guilty of an offense, fined in a sum of not more than $500.00, and shall have the registration revoked as to the vehicle involved in said offense as follows:

  1. For the 1st offense, use of said vehicle shall be prohibited within the City of Scribner for a period of 6 months;
  2. For the 2nd offense, use of said vehicle shall be prohibited within the City of Scribner for a period of 1 year; and
  3. For the 3rd offense, use of said vehicle shall be permanently prohibited within the City of Scribner. 

At the expiration of each period of revocation as set out in Subparagraphs a and b of this Section 12, above, the owner of said vehicle may make application to the City Council for reinstatement of the privilege to operate said vehicle within the City of Scribner according to the provisions of Section 5, above.

SECTION 13:  REPEAL OF CONFLICTING ORDINANCES

            All ordinances or parts of Ordinances in conflict herewith are hereby repealed.

SECTION 13:  EFFECTIVE DATE

            This Ordinance shall be in force and effect from and after its passage, approval and publication as required by law.