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Waverly Ordinance 18-05

Waverly Ordinance 18-05

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ORDINANCE NO. 18-05

AN ORDINANCE OF THE CITY OF WAVERLY, NEBRASKA, TO AMEND THE GENERAL TRAFFIC REGULATIONS OF THE CITY OF WAVERLY, CHAPTER 5, ARTICLE 2, SECTION 5-210, PARAGRAPHS (C), (E) AND (K) AND CHAPTER 5, ARTICLE 2, SECTION 5-211 TITLE AND PARAGRAPHS (E) AND (J), PROVIDING FOR THE REPEAL OF ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR THE PUBLICATIONOF THIS ORDINANCE IN PAMPHLET FORM; AND PROVIDING FOR A TIME WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.

BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF WAVERLY, NEBRASKA:

Section 1. That Chapter 5, Article 2, Section 5-210 paragraphs (C), (E) and (K) shall read as follows:

§5-210 ALL-TERRAIN, UTILITY TYPE, AND MINITRUCK VEHICLES.

(C) All-terrain, utility-type, or mini truck vehicles may be operated only between the hours of sunrise and sunset and shall not be operated at a speed in excess of 30 miles per hour or less if the posted speed limit is less. When operating any of these vehicles as authorized in subsection (B) of this section, the headlight and tail lights of the vehicle shall be on and the vehicle shall be equipped with a bicycle safety flag, which extends not less than five feet above ground level attached to the rear of such vehicle. The Bicycle safety flag shall be triangular in shape with an area of not less than 30 square inches and shall be day-glow in color.

(E) It shall be unlawful for any person to operate all-terrain, utility-type, or mini truck vehicles on the City streets or alleys:

(1) until the owner has demonstrated proof of insurance to the City and obtained a license plate for the current year. The City will issue a license plate and/or decal for the current year that must be affixed to the rear of the all-terrain, utility-type, or minitruck vehicles in a conspicuous place. The City will charge a fee of twenty-five ($25.00) dollars for the issuance of the license certificate and plate. The certificate shall be an annual certificate from January 1 through December 31 of each year. The operator shall have until January 31 of the following year to re-new the certificate and plate for an annual fee of ten ($10.00) dollars. During the first year that a certificate is purchased the fee will be prorated from the month that the certificate is obtained through December at one ($1.00) dollar per month and a thirteen ($13.00) dollar administrative fee. Any certificate purchased by a person for the same all-terrain, utility-type, or mini truck vehicles in a subsequent year shall not be prorated. The fee for any replacement plate shall be fifteen ($15.00) dollars.

(2) with more passengers on said vehicle than is recommended by the original manufacturer.

(K) Penalty.

(1) Any person who violates §5-210 (E)(1) shall be fined twenty-five ($25.00) dollars. If such violation may be and is disposed of pursuant to a Waiver of Appearance and Plea of Guilty, the fine shall be twenty dollars ($20.00).

(2) Any person who violates §5-210 (E) (2) shall be guilty of a Class II Misdemeanor pursuant to §6-501 of the City Code.

Section 2. That Chapter 5, Article 2, Section 5-211 title and paragraphs (E) and(J) shall read as follows:

§5-211 GOLF CAR VEHICLES

(E) It shall be unlawful for any person to operate golf car vehicles on the City streets or alleys

(1) until the owner has demonstrated proof of insurance to the City and obtained a license plate for the current year. The City will issue a license plate and/or decal for the current year that must be affixed to the rear of the golf car in a conspicuous place. The City will charge a fee of twenty-five ($25.00) dollars for the issuance of the license certificate and plate. The certificate shall be an annual certificate from January 1 through December 31 of each year. The operator shall have until January 31 of the following year to re-new the certificate and plate for an annual fee of ten ($10.00) dollars. During the first year that a certificate is purchased the fee will be prorated from the month that the certificate is obtained through December at one ($1.00) dollar per month and a thirteen ($13.00) dollar administrative fee. Any certificate purchased by a person for the same all-terrain, utility-type, or mini truck vehicles in a subsequent year shall not be prorated. The fee for any replacement plate shall be fifteen ($15.00) dollars.

(2) with more passengers on said vehicle than is recommended by the original manufacturer.

(J) Penalty.

(1) Any person who violates §5-211 (E)(1) shall be fined twenty-five ($25.00) dollars. If such violation may be and is disposed of pursuant to a Waiver of Appearance and Plea of Guilty, the fine shall be twenty dollars ($20.00).

(2) Any person who violates §5-211 (E) (2) shall be guilty of a Class II Misdemeanor pursuant to §6-501 of the City Code.

Section 3. That the above section shall be codified as part of the Waverly Municipal Code as stated herein.

Section 4. All ordinances and parts of ordinances in conflict herewith are hereby repealed.

Section 5. This ordinance shall be published in pamphlet form and shall take effect and be in full force and effect from and after its passage and approval and publication as provided by law.

PASSED AND APPROVED this _8___ day of _________May_____, 2018

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