UTV/ATV & Mini-Bikes
As a reminder all UTV/ATV and golf carts need to be registered with the city, proof of insurance is also required. Below is the Ordinance for UTV/ATV.
We have also had numerous calls to the office about Mini-Bikes in town. Mini-Bikes and dirt bikes are not allowed on city streets or sidewalks, they are intended for off-road use only.
SECTION 4-405: ALL-TERRAIN VEHICLES, UTILITY-TYPE VEHICLES AND GOLF CAR VEHICLES; DEFINITIONS A. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. “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 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. B. All-terrain vehicles which have been modified or retrofitted with after-market parts to include additional equipment not required by Section 4-407 of this article shall not 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. Rev. Stat. §60-6,355) (Ord.742, 12-18-18). SECTION 4-406: ALL-TERRAIN VEHICLES, UTILITY-TYPE VEHICLES AND GOLF CAR VEHICLES; DEFINITIONS A. ATVs, UTVs and Golf Car Vehicles may not be operated upon any city streets, sidewalks, public right-of-ways and highways within the corporate limits of the City EXCEPT as follows: 1. By an employee of the City in their official capacity for the City and while operating a City owned ATV or UTV; 2. A contractor or other authorized representative of the City may also use ATV or UTV in furtherance of a City contracted purpose if expressly allowed to do so by the City Administrator or supervising Department manager; 3. During parades which have been authorized by the State or the City; 4. If the operator is removing snow from the road or sidewalk within 48 hours after cessation of a snow storm (ATV and UTV only); 5. If the operator is addressing storm damage within 48 hours after an emergency event as declared by the Mayor (ATV and UTV only); or 6. On public trails, sidewalks or public right-of-ways while engaged by the City for snow removal (ATV and UTV only). 7. Or, as permitted by the rules set forth in this Article, with an ATV, UTV or Golf Car Vehicle that is registered and abides by the rules set forth herein and state law. B. ATVs, UTVs and Golf Car Vehicles shall not be operated on any controlledaccess highway with more than two (2) marked traffic lanes, and the crossing of any controlled-access highway with more than two (2) marked traffic lanes shall not be permitted. C. For the purpose of this Article, the crossing of a non-controlled access highway shall be permitted only if: 1. The crossing is made at an angle of approximately ninety degrees (90°) perpendicular to the direction of travel being made on such highway and at a place where no obstruction prevents a timely and safe crossing; 2. The vehicle is brought to a complete stop before crossing the shoulder or roadway of said highway; 3. The operator yields the right of way to all traffic which constitutes an immediate or potential hazard; 4. In crossing a highway, the crossing shall only be made at an intersection of another roadway; and, 5. Both the headlights and taillights must be on when the crossing is made (applies to only ATV and UTV). D. If permitted, said vehicles shall only be allowed to operate on the streets, alleys, and roads, not on the sidewalks of the City (except for the purposes set forth above for snow removal and utility work). E. Golf Car Vehicles may only be operated on streets with a posted speed limit of thirty-five miles per hour or less and the Golf Car Vehicle shall not operate in excess of 20 miles per hour and may at no time be operated on a state or federal highway, except to cross at an intersection. (Neb. Rev. Stat. §60-6,356) (Ord. 742, 12-18-18) SECTION 4-407: ALL-TERRAIN VEHICLES, UTILITY-TYPE VEHICLES AND GOLF CAR VEHICLES; OPERATOR AND EQUIPMENT REQUIREMENTS A. Any person operating a ATV or UTV as authorized by this code section shall: 1. Be at least eighteen (18) years of age; 2. Reside within the corporate limits of Yutan; 3. Have a valid Class O operator's license or a farm permit as provided for in Neb. Rev. Stat. § 60-4,126; 4. Have proof of liability insurance coverage for the ATV or UTV while in operation upon a street or highway and provide such insurance proof of coverage upon the demand of any peace officer requesting such proof within five (5) days of such request; such insurance shall be within the limits stated in Neb. Rev. Stat. § 60-509, as amended from time to time; 5. If operating or riding on an ATV or UTV, utilize manufacturer installed seat belts or wear a helmet approved for lawful operation of a motorcycle in the State of Nebraska; and, 6. Only operate such ATV, UTV or Golf Car Vehicle between sunrise and sunset as required by Neb. Rev. Stat §60-6,356 and §60-6,381. B. Every ATV and UTV shall be equipped with: 1. A braking system maintained in good operating condition; 2. An adequate muffler system in good working condition and without a cutout, bypass or similar device, or any modifications to the muffler system which increases the volume of the noise of the exhaust system. No portion of the system shall be permitted to contact the ground when weighted by its operator; 3. A United States Forest Service-qualified spark arrester; 4. Headlights and taillights; 5. A reflective sign must be affixed to the rear of the vehicle; and, 6. Equipped with a safety flag which extends no less than five (5) feet above the ground and is attached to the rear of such vehicle. The flag shall be day-glow in color, triangular in shape, and of a size with an area of not less than thirty (30) square inches. C. No person shall: 1. Equip the exhaust system of an ATV or UTV with a cutout, bypass, or similar device; 2. Operate an ATV or UTV with an exhaust system so modified; or 3. Operate an ATV or UTV with the spark arrester removed or modified except for use in closed-course competition events. (Neb. Rev. Stat. §60-6,358) (Ord. 742, 12-18-18) SECTION 4-408: ALL-TERRAIN VEHICLES, UTILITY-TYPE VEHICLES AND GOLF CAR VEHICLES; ACCIDENT REPORT If an accident involving an ATV, UTV or Golf Car Vehicle results an injury to any person resulting in the examination or treatment of the injured person by a physician, or results in the death of any person, then the operator of each ATV, UTV or Golf Car Vehicle involved in the accident shall give notice of the accident in the same manner as provided in Chapter 60 of the Nebraska Revised Statutes. (Neb. Rev. Stat. §60-6,359) (Ord. 742, 12-18-18) SECTION 4-409: ALL-TERRAIN VEHICLES, UTILITY-TYPE VEHICLES AND GOLF CAR VEHICLES; PENALTY; IMPOUNDMENT Any person who violates any provision of this Article or violates the provisions defined by Chapter 60 of the Revised Statutes of Nebraska while operating an ATV, UTV or Golf Car Vehicle shall be subject to the penalties under the provisions of Chapter 60 of the Revised Statutes of Nebraska and additionally impoundment of the vehicle is hereby authorized and all City-issued registrations for all of the operators and the owners of ATVs, UTVs and Golf Car Vehicles shall be revoked as follows: A. For the first offense, the owner and/or operator shall be guilty of a Class III misdemeanor which is carries a possible maximum penalty of $500 fine and/or three (3) months in jail or both; the vehicle may be impounded until it is validly registered (if registration is the basis of the violation) or for 10 days (for all other violations) and stored in a privately operated facility or other place designated by or maintained by the City with all impoundment costs payable by the owner. The operator shall be prohibited from operating ATVs, UTVs and Golf Car Vehicles within the City for a period of ten (10) days from the date of the offense. B. For a second offense, the owner and/or operator shall be guilty of a Class III misdemeanor, (if within the same year as the prior offense, then a Class II misdemeanor, which carries a maximum penalty of a $1,000 fine and/or six (6) months in jail or both.) All City-issued registrations of both shall be revoked for a period of one (1) year from the date of the offense; and the vehicle shall be impounded for fourteen (14) days and stored in a privately operated facility or other place designated by or maintained by the City with all impoundment costs payable by the owner. C. In the event of a third offense under this Article, the registration for the ATV, UTV or Golf Car Vehicle shall be permanently revoked and the owner prohibited from registering another vehicle permanently. An operator’s third offense shall prohibit the operator for operating such vehicles in the City permanently. The offense shall be a Class III misdemeanor, unless committed within one year of a prior offense, and then it shall be a Class II misdemeanor. (Neb. Rev. Stat. §60-6,360) (Ord. 742, 12-18-18) SECTION 4-410: ALL-TERRAIN VEHICLES, UTILITY-TYPE VEHICLES AND GOLF CAR VEHICLES; PERMIT AND REGISTRATION A. All ATVs, UTVs and Golf Car Vehicles shall be registered by filing application with the City Clerk and paying an initial fee of $150 per vehicle. Upon filing and payment, the vehicle shall be inspected by law enforcement and law enforcement will issue the permit which shall be evidenced with a sticker affixed to the vehicle. After the vehicle’s initial licensing period, the renewal fee charged on an annual basis shall be $50. B. The permit period shall be from January 1 to December 31 each year. There shall be no proration of the annual permit fee for any permits issued after January 1. The full shall be required regardless of the time of year paid and will expire on December 31 of the year issued. A new application is required each calendar year. C. Permit sticker must be posted on the vehicle in a conspicuous place. D. Operators of the vehicle must comply with the rules set forth in this article. Owners shall be subject to impoundment and other penalties if the vehicle is entrusted to an operator who is not the owner. (Neb. Rev. Stat. §60-6,361)