2448 - Ordinance Failed
THIS ORDINANCE WAS PASSED ON FIRST READING 7/27/2021
ORDINANCE FAILED DUE TO THE LACK OF MOTION TO APPROVE ON SECOND
READING 8/24/2021
ORDINANCE NO. 2448
COUNCIL MEMBER ____ INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE TO AMEND THE BLAIR CITY MUNICIPAL CODE, CHAPTER 5,
ARTICLE 5 BY ADDING NEW SECTIONS 5-516, 5-517 AND 5-518 AND AMENDING
SECTIONS 5-701 THROUGH 5-705 CONCERNING THE USE OF GOLF CARTS ON THE
CITY STREETS AND ESTABLISHING PENALTIES; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH, PROVIDING WHEN THIS
ORDINANCE SHALL BE IN FULL FORCE AND EFFECT AND PUBLISHING IN
PAMPHLET FORM.
____________________________________________________________________________
WHEREAS, Nebraska Revised Statute §60-6,381 authorizes the City of Blair to authorize
the use of golf carts in the corporate limits of the City; and
WHEREAS, the City of Blair determined that it is in the public interest that golf carts be
allowed on the city streets within the corporate limits of Blair; and
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR OF THE CITY
COUNCIL OF THE CITY OF BLAIR, NEBRASKA AS FOLLOWS:
Section 1. Chapter 5, Article 5, Sections 5-516, 5-517 and 5-518 of the Blair Municipal
Code is hereby amended to add the following:
Article 5. Bicycles, Motorcycles, Snowmobiles, Mopeds, Utility Type Vehicle, and Golf
Carts
Sec 5-516 DEFINITION: GOLF CART VEHICLE.
Golf Cart vehicle means any motorized vehicle which:
1. Is seventy-four (74) inches in width or less;
2. Is not more than one hundred eighty (180) inches, including the bumper, in length;
3. Has a dry weight of two thousand (2,000) pounds or less; and
4. Travels on four (4) or more non-highway tires;
5. Golf Cart Vehicle does not include all-terrain vehicles, or low-speed vehicles.
1
(Neb. Rev. Stat. § 60-6,381) (Penalties refer to Sections 5-701 through 5-705 or Addendum to
Code Violations Bureau Fee Schedule). (Amended by Ordinance ___).
Sec 5-517 GOLF CART VEHICLE; LICENSE AND PERMIT REQUIRED.
It shall be unlawful for any person to drive, operate or be in physical control of a Golf Cart vehicle
upon any road, street, highway or alley within the City:
1. Without having in full force and effect a Class O operator's license issued by the Nebraska
Department of Motor Vehicles, as provided by the laws of the State;
2. Without carrying the operator's license; and
3. Under the age of eighteen (18) years of age.
A Golf Cart vehicle shall not be considered a motor vehicle for purposes of requiring a State motor
vehicle registration of the same, except any individual or entity who desires to operate a Golf Cart
vehicle shall make written request to the Blair Police Department for a permit allowing the use
and shall display the identification tag issued by the Blair Police Department on the Golf Cart
vehicle.
(Neb. Rev. Stat. §60-6,381) (Penalties refer to Sections 5-701 through 5-705 or Addendum to Code
Violations Bureau Fee Schedule). (Amended by Ordinance ________________).
Sec 5-518 GOLF CART VEHICLE; OPERATION; RESTRICTIONS.
A Golf Cart vehicle shall not be operated on any highway with more than two marked traffic lanes.
The crossing of any highway with more than two marked traffic lanes must only be made at an
intersection that is controlled by a traffic control signal.
The crossing of any highway that does not have more than two marked traffic lanes shall not be
permitted unless the crossing is made only at an intersection of such highway with another road,
street or highway.
The crossing of any road, street or highway within the City requires the following;
1. The crossing is made at an angle of approximately ninety degrees to the direction of the
highway;
2. The crossing is made only at an intersection of such road, street or highway with another
road, street or highway;
3. The vehicle is brought to a complete stop before crossing the shoulder or roadway of the
highway;
4. The operator yields the right-of-way to all oncoming traffic that constitutes an immediate
potential hazard; and
2
5. Both the headlight and taillight of the vehicle are on when the crossing is made.
Operation of a Golf Cart vehicle shall occur only between the hours of sunrise and sunset. No
operation of a Golf Cart vehicle shall occur on any public land not directly on any road, street,
highway or alley within the City including sidewalks, trails, parks and right of way.
Any person operating a Golf Cart vehicle as authorized herein shall have liability insurance
coverage for the Golf Cart vehicle while operating the Golf Cart vehicle. The liability insurance
shall be at least the same minimum liability insurance required for motor vehicles by the State of
Nebraska. The person operating the Golf Cart vehicle shall provide proof of such insurance
coverage to any peace officer requesting such proof within five (5) days of such a request.
Any person operating a Golf Cart vehicle as authorized herein shall not operate such vehicle at a
speed in excess of twenty (20) miles per hour or the posted speed limit, whichever is lower.
When operating a Golf Cart 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 (5) 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.
No person shall:
1. Equip the exhaust system of a Golf Cart vehicle with a cutout, bypass, or similar device;
2. Operate a Golf Cart vehicle with an exhaust system so modified;
3. Operate a Golf Cart vehicle with the spark arrester removed or modified except for use in
closed-course competition events.
Every Golf Cart vehicle shall be equipped with:
1. A brake system maintained in good operating condition;
2. An adequate muffler system in good working condition;
3. A United States Forest Service qualified spark arrestor; and
4. A roll bar designed and manufactured to prevent injuries in the event of a roll over.
Every person in a Golf Cart vehicle during operation shall be in a permanent and regular seat which
includes an occupant protection system which utilizes a lap belt, a shoulder belt or any combination
of belts which restrains driver and passengers, and which conforms to federal motor vehicle safety
standards for passenger restraint systems applicable for the Golf Cart's model and year and which
shall be in use by all occupants at all times.
3
Except as otherwise specifically stated above, the operation of a Golf Cart vehicle shall be subject
to all of the statutory requirements for the operation of any motor vehicle in the State of Nebraska
and shall require a valid Class O operator’s license; specifically including those statutes dealing
with the rules of the road, child restraint systems and the operation of a motor vehicle by any
person impaired by alcohol or drugs. Any violations could result in revocation of the right to
operate the Golf Cart.
Statutory references: (Neb. Rev. Stat. §60-6,381) (Penalties refer to Sections 5-701 through 5-705
or Addendum to Code Violations Bureau Fee Schedule). (Amended by Ordinance 2279 5/12/2015;
Amended by Ordinance _________)
Section 2. Chapter 5, Article 7, Sections 5-701, 5-703 and 5-705 of the Blair Municipal
Code is hereby amended to read as follows:
Article 7. Violations Bureau/Penal Provision
Sec. 5-701 VIOLATIONS; PENALTY. It shall be unlawful for any person to fail to comply with the
provisions herein, and every person failing to comply with or violating any of the provisions of this Chapter
shall be deemed to be guilty of a Class III misdemeanor, as defined by the statutes of the State of Nebraska,
Section 28-106, and upon conviction thereof shall be fined accordingly. (Added by Ordinance 2150
06/10/2008) (Amended by Ordinance____)
Sec. 5-702 FAILURE TO APPEAR; PENALTY. If the accused fails to appear before the County Court
of Washington County, Nebraska, on or before the date specified on the citation, a warrant for his or her
arrest shall be issued by the County Court of Washington County, Nebraska. Whoever is charged with a
violation of the Municipal Ordinance, conviction of which would carry a jail sentence of more than ninety
(90) days, who is released from custody under bail or recognizance or conditional release and who willfully
fails to appear before the court granting such release when legally required to render himself or herself other
than three (3) days thereafter, shall be guilty of a misdemeanor and shall, upon completion thereof, be
punished by a fine or not more than five hundred ($500.00) dollars, or by imprisonment in the County jail
for not more than six (6) months, by both such fine and imprisonment, in addition to any other penalties or
forfeitures provided by law. (Added by Ordinance 2150 06/10/2008) (Amended by Ordinance 2402
08/28/2020) (Amended by Ordinance____)
Sec. 5-703 VIOLATIONS BUREAU; CITATION. A Violation Bureau for the City of Blair is hereby
created pursuant to Section 18-1729 Neb. RRS. 1943, for the purpose of collecting penalties for city code
violations.
Any person accused of a violation as established by Section, 5-402 through 5-405, 5-406.01, 5-
407, 5-408, 5-410.01, 5-411, 5-501, 5-501.01, 5-513 through 5-518, and, may within ten (10) days after the
date of issuance of the citation of the violation and before the appearance date thereon, dispose of the
citation by appearing at the office of the City Clerk of the City of Blair and remitting full payment of the
penalty assessed for the specific violation.
Any person may plead not guilty to the citation, he or she may appear before the County Court of
Washington County, Nebraska, on the date and at the time specified on the citation.
4
At the time of the commission of the alleged violation, the accused shall be served with printed
notice informing the accused of his or her options in disposing of the citation as noted hereinbefore.
If the accused fails to appear at the office of the City Clerk of the City of Blair or before the County
Court of Washington County, Nebraska, on or before the date specified on the citation, a warrant for his or
her arrest shall be issued by the County Court of Washington County, Nebraska. (Added by Ordinance 2150
06/10/2008) (Amended by Ordinance 2165 5/12/2009; (Amended by Ordinance 2279 5/12/2015)
(Amended by Ordinance 2402 08/28/2020) (Amended by Ordinance____)
Sec. 5-704 PENALTIES. Any person, firm, association, or corporation violating any of the provisions of
this Article, Sections 5-402 through 5-405, 5-406.01, 5-407, 5-408, 5-410.01, 5-411, 5-501, and 5-501.01,
shall be deemed guilty of a misdemeanor and upon conviction shall be fined the sum of twenty five ($25.00)
dollars. (Added by Ordinance 2150 06/10/2008) (Amended by Ordinance 2165 5/12/2009) (Amended by
Ordinance 2402 08/28/2020) (Amended by Ordinance____)
Sec. 5-705 PENALTIES. Any person, firm, association, or corporation violating any of the provisions of
this Article, Sections 5-513 through 5-518 shall be deemed guilty of a misdemeanor and upon conviction
shall be fined the sum of fifty dollars ($50.00). (Added by Ordinance 2150 06/10/2008) (Amended by
Ordinance 2279 5/12/2015) (Amended by Ordinance 2402 08/28/2020) (Amended by Ordinance____)
Section 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 4. This ordinance shall be in full force and effect from and after its passage,
approval, and publication as provided by law.
PASSED AND APPROVED ON THE ____ day of July 2021.
CITY OF BLAIR, NEBRASKA
BY: ___________________________________
RICHARD HANSEN, MAYOR
ATTEST:
_________________________________
BRENDA WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) ss:
WASHINGTON COUNTY )
BRENDA WHEELER, hereby certifies that she is the duly appointed, qualified and acting City
Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed and
5
adopted at a regular meeting of the Mayor and City Council of said City, held on the ____ day of
July 2021.
_____________________________________
BRENDA WHEELER, CITY CLERK
6