2290ORDINANCE NO. 2290
COUNCIL MEMBER WOLFF INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE AMENDING CHAPTER 5, ARTICLE 5 OF THE MUNICIPAL CODE BY
AMENDING SECTIONS 5 -515 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR,
NEBRASKA, 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 -515 UTILITY -TYPE VEHICLE; OPERATION; RESTRICTIONS.
A utility -type 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
5. 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.
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 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 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 2290)
SECTION 2. That all ordinances or part of ordinances in conflict herewith are hereby
repealed.
SECTION 3. 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 22nd day of September, 2015.
CITY OF BLAIR, NEBRASKA
JA E. REALPH, MAYOR
ATTEST:
A �t - _ 4 LA-X� -
BRENDA R. WHEELER, CITY CL RK
(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 22nd day of
September, 2015.
46" 4 61JL.,9
BRENDA R. WHEELER, CITY CLE