2279ORDINANCE NO. 2279
COUNCIL MEMBER KEPHART INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE AMENDING CHAPTER 5, ARTICLE 5 OF THE MUNICIPAL CODE BY
ADDING SECTIONS 5 -513, 5 -514 AND 5 -515, AMENDING SECTIONS 5 -703 AND 5 -704
AND AMENDING THE ADDENDUM OF THE CODE VIOLATIONS BUREAU FEE
SCHEDULE OF THE CITY OF BLAIR, NEBRASKA REFERENCING OPERATION OF
UTILITY TYPE VEHICLES ON CITY STREETS; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS
ORDINANCE SHALL BE IN FULL FORCE AND EFFECT; AND PROVIDING FOR
PUBLICATION OF THIS ORDINANCE IN PAMPHLET FORM.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF BLAIR,
NEBRASKA:
SECTION 1. Chapter 5, Article 5 of the Municipal Code of the City of Blair, Nebraska is
hereby amended as follows:
Sec 5 -513 DEFINITION: UTILITY -TYPE VEHICLE.
Utility -type vehicle means any motorized off - highway 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. Utility -type vehicle does not include all- terrain vehicles, golf car vehicles, or low -speed
vehicles.
(Neb. Rev. Stat. § 60- 6,355) (Penalties refer to Sections 5 -701 through 5 -705 or Addendum to
Code Violations Bureau Fee Schedule). (Amended by Ordinance 2279).
Sec 5 -514 UTILITY -TYPE VEHICLE; LICENSE AND PERMIT REQUIRED.
It shall be unlawfill for any person to drive, operate or be in physical control of a utility -type
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 utility -type 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 utility -type 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 utility -type vehicle.
(Neb. Rev. Stat. §60 -6,356 through §60- 6,361) (Penalties refer to Sections 5 -701 through 5 -705
or Addendum to Code Violations Bureau Fee Schedule). (Amended by Ordinance 2279).
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Sec 5 -515 UTILITY -TYPE VEHICLE; OPERATION; RESTRICTIONS.
A utility -type vehicle shall not be operated on or cross any controlled - access highway with more
than two marked traffic lanes. The crossing of any highway that is not a controlled- access
highway with 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 that is not
a controlled - access highway with more than two marked traffic lanes.
The crossing of any road, street or highway that is not a controlled- access highway with more
than two marked traffic lanes within the City requires the following;
1. The crossing is made at an angle of approximately ninety degrees to the direction of the
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
highway;
3. The operator yields the right -of -way to all oncoming traffic that constitutes an immediate
potential hazard; and
4. Both the headlight and taillight of the vehicle are on when the crossing is made.
Operation of a utility -type vehicle shall occur only between the hours of sunrise and sunset. No
operation of a utility -type 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 utility -type vehicle as authorized herein shall have liability insurance
coverage for the utility -type vehicle while operating the utility -type vehicle. The person
operating the utility -type 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 utility -type vehicle as authorized herein shall not operate such vehicle at
a speed in excess of thirty (30) miles per hour or the posted speed limit, whichever is lower.
When operating a utility -type 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 utility -type vehicle with a cutout, bypass, or similar device;
2. Operate a utility -type vehicle with an exhaust system so modified;
3. Operate a utility -type vehicle with the spark arrester removed or modified except for use
in closed - course competition events.
Every utility -type 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.
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Every person in a utility -type 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 UTV's
model and year and which shall be in use by all occupants at all times.
Except as otherwise specifically stated above, the operation of a utility -type vehicle shall be
subject to all of the statutory requirements for the operation of any motor vehicle in the State
of Nebraska; 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 UTV. Statutory
references:
(Neb. Rev. Stat. §60 -6,356 through §60- 6,361) (Penalties refer to Sections 5 -701 through 5 -705
or Addendum to Code Violations Bureau Fee Schedule). (Amended by Ordinance 2279).
SECTION 2. That Sections 5 -701 through 5 -705 of the Municipal Code of the City of
Blair is hereby amended as follows:
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)
Sec. 5 -702 FAILURE TO APPEAR; PENALTY. 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)
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 -226, 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 -515, and 5 -615, 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.
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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)
Sec. 5 -704 PENALTIES Any person, firm, association, or corporation violating any of the
provisions of this Article, Sections 5 -226, 5 -402 through 5 -405, 5- 406.01, 5 -407, 5 -408, 5-
410.01, 5 -411, 5 -501 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)
Sec. 5 -705 PENALTIES. Any person, firm, association, or corporation violating any of the
provisions of this Article, Sections 5 -513 through 5 -515, and 5 -615 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)
SECTION 3. The Addendum to Code Violations Bureau Fee Schedule is hereby
amended as follows:
5 -513 Definition: Utility -type Vehicle
5 -514 Utility -type Vehicle; License and
Permit Required
Class III Misd. $50.00
Class III Misd. $50.00
5 -515 Utility -type Vehicle; Operation;
Restrictions
Class III Misd. $50.00
SECTION 4. That all ordinances or part of ordinances in conflict herewith are hereby repealed.
SECTION 5. That this ordinance shall be enforced and take effect from and after its passage,
approval and publication as provided by law.
Passed and approved this 12th day of May, 2015.
CITY OF BLAIR, NEBRASKA
JA E. REALPH, MAYOR
El
ATTEST:
BRENDA WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) SS
COUNTY OF WASHINGTON )
BRENDA R. 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
at a regular meeting of the Mayor and City Council of said City held on the 12th day of May,
2015.
1 k i0h,,J�
BRENDA R. WHEELER, CITY CLERK
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