Rules and regulations to operate ATV and Utility Type Vehicles within the City of Wakefield
Registration
Only permitted ATV’s and Utility Type vehicles are allowed on the city streets of Wakefield. Individuals wanting to drive their ATV/Utility Vehicle on the city streets must first register and obtain a permit from the City Office at 405 Main Street annually. Vehicles must be inspected and proof of insurance and a valid drivers license must be provided at time of inspection. Permit fee is $25.00. Golf carts, riding lawn mowers, and motorized wheel chairs are not all-terrain or utility-type vehicles as defined in this ordinance.
Definition of ATV/Utility Type Vehicle
All-terrain vehicles mean any motorized off-highway vehicle which is fifty inches or less in width, has a dry weight of nine hundred pounds or less, travels on three or more low-pressure tires, is designed for operator use only with no passengers or is specifically designed by the original manufacturer for the operator and one passenger, has a seat or saddle designed to be straddled by the operator, and has handlebars or any other steering assembly for steering control.
Utility-type vehicles mean any motorized off-highway vehicle which is not less than forty-eight inches nor more than seventy-four inches in width, is not more than one hundred thirty-five inches, including bumper, in length, has a dry weight of not less than two hundred pounds nor more than nine hundred pounds, travels on four or more low-pressure tires, and is equipped with a steering wheel and bench or bucket-type seating designed for a least two people to sit side-by-side.
- Golf carts, riding lawn mowers, and motorized wheel chairs are not all-terrain or utility-type vehicles as defined in this ordinance.
ATV Operator
Any person operating an all-terrain vehicle as authorized shall:
- Be eighteen (18) years of age or older; and
- Have a valid Class O operator’s license issued by the State of Nebraska; and
- Have liability insurance coverage for the all-terrain vehicle while operating the all-terrain vehicle on a street or highway. The person operating the all-terrain vehicle shall provide proof of such insurance coverage to any law enforcement officer requesting such proof within five days of such a request; and
- Have a permit issued by the City Clerk of the City of Wakefield permitting the operation of an all-terrain vehicle within the corporate limits of the City.
Rules of Operation
An all-terrain vehicle 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 Ordinance 4-2009.
(1) An all-terrain vehicle may be operated only between the hours of six o’clock (6:00) A.M. and ten o’clock (10:00) P.M.
(2) Shall not be operated at a speed in excess of twenty (20) miles per hour.
(3) When operating an all-terrain vehicle as authorized by these provisions, the headlight and taillight of the vehicle shall be on.
(4) 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 square inches and shall be day-glow in color.
(5) It shall be unlawful for any person to operate or be in actual physical control of any all-terrain vehicle upon the traveled portion of any public roadway within the corporate limits of the City except as provided in Neb. Rev. Stat. 60-6,356 or as specifically authorized and permitted under the terms of this ordinance.
(6) All-terrain vehicles shall NOT be parked on Main Street between 1st Ave and 5th Street.
(7) All terrain vehicles are prohibited from being operated on sidewalks unless for snow-removal.
(8) All-terrain vehicles 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.
(9) The operator of an all-terrain vehicle within the corporate limits of the City shall comply with, and is subject to, all traffic regulations of the City and the State of Nebraska, including but not limited to, those laws, ordinances, or regulations pertaining to the operation or being in actual physical control of a motor vehicle while under the influence of alcoholic liquor or any drugs. When making turns within the roadways and at intersections, the operator shall use the appropriate hand signals as designated by the State of Nebraska Rules of the Road.
(10) All passengers under eighteen years of age riding on an all-terrain vehicle within the corporate limits of the City shall wear a protective helmet, properly secured on his or her head by a chin strap while the vehicle is in motion, which meets the requirements of Neb. Rev. Stat. 6-6,279 and 60-6,280 as now in effect and as hereafter amended. Passengers are only allowed if an all-terrain vehicle is specially designed by the manufacture to allow two riders.
Violations
Violations of these provisions shall be punishable as set forth in Section 5-601 of the Wakefield City Code. In addition, any person receiving two or more citations within a twelve month period shall, upon conviction of the second or subsequent offense, have his or her permit to operate an all-terrain vehicle within the City limits revoked for a period of one year from the date of conviction. Upon completion of the revocation period, said person must reapply for a permit in order to operate an all-terrain vehicle within the City limits.
Permit Process
In order to obtain a permit to operate an all-terrain vehicle within the corporate limits of the City, an applicant must make an annual application at the office of the City Clerk and provide the following information:
- Name and address of the applicant;
- Proof of insurance for the all-terrain vehicle(s) to be operated within the City by the applicant;
- Valid Class O operator’s license issued by the State of Nebraska; and
- Year, make, model, color, engine size, and vehicle identification number (VIN) of the all-terrain vehicle to be operated within the City by the applicant
Inspection
In addition, the all-terrain vehicle must pass inspection by a person designated by the City to insure that the all-terrain vehicle meets the following requirements:
1. At least one working headlight and taillight;
2. A bicycle safety flag in compliance with this ordinance;
3. A brake system maintained in good operating condition;
4. A muffler system in good working condition properly attached to the all-terrain vehicle which reduces the noise of operation of the motor to the minimum necessary for operation. The muffler shall not be audible for a distance of more than 500 feet. No person shall use a muffler cutout, by-pass, straight pipe, or similar device on an all-terrain vehicle; and
5. A United States Forest Service qualified spark arrester.
An application fee of $25.00 shall be paid to the City Clerk. The City Clerk shall issue the applicant a permit to operate the designated all-terrain vehicle(s) within the City and a permit sticker to attach to the all-terrain vehicle.
Permits to operate an all-terrain vehicle shall be valid from the date of issuance until midnight on the 31st day of December of the year for which the permit is issued.
The permit sticker shall be prominently displayed on the rear fender or similar component of the operator’s all-terrain vehicle.