More ATVs on the Streets

By Dan Nitzel, NOHVA Business Manager

          Since the passage of LB-307 this year in the Nebraska legislature, more and more small communities in Nebraska have passed ordinances authorizing ATV use on a village or town street.  Almost always a person on the city or village board or council is an ATV rider and proposes the new law, or town or village citizens approach the council or board and ask for a new law to allow ATVs on certain streets or roads. 

          If the town or village you live in does not currently allow you to ride in town where you live and you would like to see this occur, there is no reason why “you” can’t try to make it happen!  After all, as a tax paying citizen who votes, (if you are not a registered voter, shame on you!) it is your right as a citizen of your community to voice your opinion in a responsible manner if you choose to do so. 

          The first step in making your local town or village ATV rider friendly is to ask your local town or village representative if they are willing to consider allowing “responsible ATV riding” (stress RESPONSIBLE and SAFE) in the community.  There is a variety of reasons why ATVs can be allowed on public streets in small towns, NOHVA can help you and your friends put a plan together to promote sponsoring an ordinance allowing ATVs in your town.

Another very, very effective thing you can do is organize your local friends and local riders into a group to voice your opinion about allowing ATV use inside your local village or town.  A great example of how organizing local riders has been very effective in Nebraska is reflected by the Little Blue OHV Club in Deshler and Hebron Nebraska.  They formed a group of local riders and persuaded the town councils to work together to develop a local ATV and dirtbike park.

Also before you approach your local elected council or board members, have a good idea written down detailing what you would like to see in a local ordinance.   NOHVA can help a local group of members put a plan together to promote sponsoring an ordinance allowing ATVs in your town.  The state law authorizing ATV use in villages and towns specifically details some of the rules a council or board has to include in an ordinance.   These rules are outlined in LB-307 and are detailed later in this article. 

One important thing to consider is that the state law allows the council or board to also add requirements of their own.  For instance, a local ordinance may not allow ATV use on certain busy streets, or maybe some local residences or business may be opposed to ATV use on certain streets or areas of town.  If safety is a major concern, maybe the local ordinance can require the use of helmets by ATV riders.  If noise is a concern, then the ordinance can require that all ATVs use only stock exhaust systems or pipes that meet a certain noise level.  Maybe ATV use will be allowed only on certain roads or streets and the ordinance will require that signs be posted describing ATV riders can or can’t ride. 

One suggestion that I think is important, especially if local officials are leery of allowing ATVs on streets or roads involves enforcement.  The ordinance can include conditions for fines or possibly confiscation of an ATV for a limited time or permanently if a local rule is violated. 

According to my interpretation of LB-307, county governments and maybe township boards can approve the use of ATVs on roads, trails or streets that fall under their jurisdiction.  For example, a county government could allow the use of certain roads by ATVs from a town to a riding area outside of town.   An example of this would be establishing a route from Thedford to the Nebraska National Forest near Halsey or a route from Genoa to the Headworks OHV Park. 

When ever an ordinance is considered, it is important that the ordinance specifically describe where ATV use is allowed.  If only certain streets are open to ATVs, then these streets should have signs designating them as open to ATVs, preferable with an ATV symbol.  Streets where ATV use is not allowed, a “No ATV” sign, preferably an ATV symbol with an ATV crossed out should be used. 

If you are interested in helping your local community pass a “pro-ATV” ordinance and have some questions, feel free to contact me at our NOHVA business office.

Details about LB-307: 

LB-307 was introduced by Senator Arnie Stuthman of Platte Center.  LB-307 was passed by the legislature, signed by the governor and is now law.  LB-307 added to the existing state ATV use statutes a stipulation that ATV use is not allowed on city or village streets or roads unless a statute is passed by the city, village or county board (if a village is not incorporated, meaning the village has no elected local governing representatives).  The updates to the old state ATV statutes basically address a problem that some communities had with people on agricultural ATVs passing through town from farm to farm.  Some local communities wanted to be able to allow ATV use inside their community by residents.  

Under the new law passed this year the operation of all terrain vehicles within city boundaries will be regulated and restricted.  ATV’s may be operated within the corporate limits of a municipality only if that city or village has adopted an ordinance allowing such operation.  Use of these vehicles in a city sponsored parade may be allowed without such an ordinance.  LB-307 provides that any such ordinance adopted by a municipality must contain certain provisions along with other provisions a city might want to adopt.  The ATV may be operated only between the hours of sunrise and sunset.  The operator of the ATV must have a farm permit or a valid Class O operator’s license.  The ATV must have insurance covering liabilities.  No operating speed in excess of 30 miles per hour may be allowed.  When the ATV is being operated, the vehicle’s headlight and taillight must be turned on and a five-foot tall bicycle flag must be attached to the rear of the vehicle. 

Under my interpretation of LB-307, this is how details of the new law may effect ATV riders –

§         The new law will not effect the operation of ATVs on the trails we now enjoy at Headworks OHV Park near Genoa, the Nebraska National Forest near Halsey, the Flatrock OHV park near Sutherland, or trails at the Harlan County Reservoir. 

§         Local cities, villages and counties can pass ordinances to allow the use of ATVs in specific places.  These places may include: specific streets or areas; parks; some or all streets within a local subdivision or village; or all streets within a village or city.  If ATV use is allowed, riders must have an operator license, have insurance, have a headlight and tail light that is turned on, a five foot tall bicycle flag,  cannot exceed 30 mph and can only be used between the sunrise and sunset.

§         While not specifically addressed in the new statute, ATV use ‘may’ be prohibited from use on private property inside a village or city.  This may effect people using ATVs with snow blades, mowers, yard work, recreation, etc.  It depends upon how far a local city or village may want to define or enforce the law.

§         Farm use of ATVs in a city or village is now prohibited unless the local city, village or county passes a law allowing such use.

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This page was updated on Sunday, March 01, 2009