ORDINANCE NO. 604
AN ORDINANCE OF THE CITY OF WEEPING WATER, NEBRASKA, AMENDING SECTION 173.17 OF THE WEEPING WATER MUNICIPAL CODE, TO PROVIDE FOR THE OPERATION OF UTILITY TERRAIN VEHICLES WITHIN THE CORPORATE LIMITS; TO PROVIDE FOR OPERATING REQUIREMENTS; TO PROVIDE FOR THE REGISTRATION OF UTILITY TERRAIN VEHICLES; TO ESTABLISH PENALTIES FOR VIOLATIONS; AND PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF WEEPING WATER, NEBRASKA:
SECTION 1. That Section 173.17 of the Weeping Water Municipal Code relating to the operation of utility terrain vehicles in the City of Weeping Water shall be amended as follows:
1. For purposes of this Section, utility terrain vehicle (UTV) shall be defined as any motorized off-highway vehicle which is (A) is not less than 48 inches or more than 74 inches in width; (B) is not more than 135 inches, including the bumper, in length; (C) has a dry weight of not less than 900 pounds nor more than 2000 pounds; (D) travels on four or more low-pressure tires; and (E) is equipped with a steering wheel or bench and bucket or bucket-type seating designated for at least two people to sit side-by-side.
2. Utility terrain vehicle (UTV) does not include gold carts.
SECTION 2. OPERATION. A utility terrain vehicle (UTV) may be operated on the streets and highways within the corporate limits of the City of Weeping Water, Nebraska only if the operator and vehicle comply with the provisions of this Ordinance.
SECTION 3. A utility terrain vehicle (UTV) may be operated in the City of Weeping Water when such operation occurs between the hours of sunrise and sunset. Any utility terrain vehicle (UTV) operating within corporate limits shall have the city registration number displayed prominently. The person operating the UTV shall have a valid Class O operator's license and shall be eighteen (18) years of age or older. That the operation of such UTV shall be at a speed not in excess of 30 miles per hour. When operating the UTV, 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 thirty (30) square inches and shall be day-glow in color. An operator of a UTV shall have liability insurance coverage for the operation of such UTV and shall provide proof of insurance coverage to any peace officer requesting such proof.
SECTION 4. A utility terrain vehicle (UTV) may be operated without complying with Section 3 of this Ordinance on streets and highways in parades that have been authorized by the City of Weeping Water or the State of Nebraska or any department, board, commission, or political subdivision of the state.
SECTION 5. REGISTRATION. In order to be authorized for operation on the streets and highways of the City of Weeping Water, Nebraska, a utility terrain vehicle (UTV) must be registered in the office of the City Clerk. A registration sticker will be issued upon submitting proof of the following:
a. proof of liability insurance coverage for the utility terrain vehicle while operating such vehicle on a street or highway.
b. a $25.00 annual fee for registration of the vehicle. The registration sticker shall entitle the utility terrain vehicle to be operated on the streets and highways of the City from January 1st in any year to December 31st of the same year and shall be renewable annually. The annual fee shall not be pro-rated. A registration sticker shall be displayed on the left lower corner of the windshield of such vehicle, or if the vehicle is not equipped with a windshield, at the left front of such vehicle.
c. Upon compliance with the registration requirements identified herein, the City Clerk shall issue a registration sticker for the utility terrain vehicle (UTV) being registered. Said registration sticker shall be prominently displayed upon said vehicle at all times while such vehicle is in operation on the streets and highways of the City.
SECTION 6. No person shall operate a utility terrain vehicle (UTV) on the streets or highways of the City of Weeping Water, Nebraska in violation of the Nebraska Rules of the Road as established by the Revised Statutes of the State of Nebraska.
SECTION 7. A person who is found to be in violation of this Ordinance shall be guilty of a misdemeanor punishable by a fine of $100.00 for the first offense. For a second offense in any twelve (12) month period, the fine shall be $200.00 and a revocation of the utility terrain vehicle (UTV) registration. For each continued offense, the fine shall increase $50.00 for each subsequent offense.
SECTION 8. Any other Ordinance passed and approved prior to this passage, approval, and publication or posting of this Ordinance and in conflict with its provisions, is hereby repealed.
SECTION 9. This Ordinance shall take effect and be in full force from and after its passage, approval, and publication and posting as required by law.
PASSED AND APPROVED this 10th day of September, 2012.