Ordinance #640 — City Of Elgin

CITY OF ELGIN
ORDINANCE NO. 640
AN ORDINANCE OF THE CITY OF ELGIN, ANTELOPE COUNTY, NEBRASKA, AUTHORING THE OPERATION OF GOLF CAR VEHICLES WITHIN THE CORPORATE LIMITS OF THE CITY; CONDITIONS; VIOLATIONS; PENALTY; WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT; AND PUBLICATION OF THIS ORDINANCE IN ACCORDANCE WITH STATE LAW.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF ELGIN, NEBRASKA:
Section 1: The City hereby authorizes the operation of golf car vehicles within the corporate limits of the City, provided such operations is (a) between sunrise and sunset, (b) on streets with a posted speed limit of thirty-five miles per hour or less, and (c) carried out in compliance with the Nebraska Rules of the Road, and that the golf car vehicle shall only cross other streets or intersections after yielding the right of way, traveling in the most direct and safe route possible, at reasonable speed, taking into consideration the condition of the roadway and environmental factors. Golf car vehicles shall not be operated on sidewalks or areas reserved for pedestrian traffic. Golf car vehicles shall only be operated on “roads”, meaning a public way for the purposes of vehicular travel, including the entire area within the right-of-way, and “streets”, meaning a public way for the purposes of vehicular travel in the city and includes the entire area within the right-of-way.
Section 2: Any person operating a golf car vehicle as authorized under Section 1 shall have a valid Class O operator’s license and the owner of the golf car vehicle shall have liability insurance coverage for the golf car vehicle. Any person operating a golf car in violation of Section 1 or Section 2 shall be guilty of a Class IV misdemeanor. Any owner permitting the operation of a golf car without having liability insurance as required by this subsection shall be guilty of a Class IV misdemeanor.
Section 3: It shall be unlawful for any person to (1) operate or be in the actual physical control of such golf car vehicle (a) while under the influence of alcoholic liquor or of any drug; (b) when such person has a concentration of eight-hundredths of one gram or more by weight of alcohol per one hundred millileters of his or her blood; or (c) when such person has a concentration of eight-hundredths of one gram or more by weight of alcohol per two hundred ten liters of his or her breath. (2) Any person who operates or is the actual physical control of any motor vehicle while in a condition described in subsection (1) of this Section shall be guilty of a crime and upon conviction punished as provided in Nebraska Revised Statutes sections 60-6,197.02 to 60-6,197.08, which are incorporated herein by reference.
Section 4: This Ordinance shall be in full force and effect on and after its passage of approval as provided by State Law. This Ordinance shall be published as provided by State Law.
Approved and passed by the governing body of the City of Elgin, Nebraska this 3rd day of August, 2015.
CITY OF ELGIN, NEBRASKA
BY MIKE SCHMITT
Mayor
ATTEST:
VICKI MILLER
City Clerk
PUBLISH: August 12, 2015
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