TITLE VII: TRAFFIC CODE

Chapter

70. GENERAL PROVISIONS

71. TRAFFIC REGULATIONS

72. PARKING REGULATIONS



CHAPTER 70: GENERAL PROVISIONS


Section

70.01 Definitions
70.02 Emergency regulations
70.03 Law enforcement
70.04 Refusal to obey
70.05 Traffic officers
70.06 Traffic citations; form and record
70.07 Traffic citations; disposition and records
70.08 Traffic citations; illegal cancellation
Statutory reference:
Regulation of highways by local authorities, see Neb. RS 60-680
Powers and duties of peace officers, see Neb. RS 60-683
Powers and duties of state patrol, Neb. RS 81-2005


§ 70.01 DEFINITIONS.

The words and phrases used in this title, pertaining to motor vehicles and traffic regulations, shall be construed as defined in Neb. Revised Statutes Chapter 60, Article 6, as now existing or hereafter amended. If not defined in the designated statutes, the word or phrase shall have its common meaning.
(Neb. RS 60-606 through 60-676)


§ 70.02 EMERGENCY REGULATIONS.

The County Sheriff is hereby empowered to make and enforce temporary traffic regulations to cover emergencies.


§ 70.03 LAW ENFORCEMENT.

The County Sheriff is hereby authorized, empowered, and ordered to exercise all powers, and duties, with relation to the management of street traffic and to direct, control, stop, restrict, regulate, and, when necessary, temporarily divert or exclude in the interest of public safety, health, and convenience the movement of pedestrian and animal and vehicular traffic of every kind in streets, in parks, and on bridges. The driver of any vehicle shall stop upon the signal of the County Sheriff.

§ 70.04 REFUSAL TO OBEY.

It shall be unlawful for any person to refuse or fail to comply with any lawful order, signal, or direction of the County Sheriff.
Penalty, see § 10.99


§ 70.05 TRAFFIC OFFICERS.

The City Council or the County Sheriff may at any time detail officers, to be known as “traffic officers,” at street intersections. All traffic officers shall be vested with the authority to regulate and control traffic at the intersections to which they are assigned. It shall be their duty to direct the movement of traffic and prevent congestion and accidents. It shall be unlawful for any person to violate any order, or signal, of any such traffic officer notwithstanding the directive of a stop sign, or signal device, which may have been placed at any such intersection.


§ 70.06 TRAFFIC CITATIONS; FORM AND RECORDS.

(A) The Municipal Clerk shall provide, in appropriate form, traffic citations containing notices to appear. The Municipal Clerk shall be responsible for the issuance of such books and shall maintain a record of every such book, and each citation number therein issued to the County Sheriff. The Clerk shall require and retain a receipt for every book so issued. The Municipal Clerk shall require the return of all copies of every traffic citation which has been spoiled, or upon which any entry has been made and not issued to an alleged violator.

(B) All records of traffic citations required herein shall be audited at least biennially by a member of the City Council.


§ 70.07 TRAFFIC CITATIONS; DISPOSITION AND RECORDS.

(A) The County Sheriff upon issuing a traffic citation to an alleged violator of any provision of this chapter shall deposit a copy of the traffic citation with the Municipal Attorney, unless the citation is just a warning.

(B) Upon the deposit of the traffic citation with the Municipal Attorney, such citation may be disposed of only by trial in the court of appropriate jurisdiction, or other official action by the judge of the court, including a forfeiture of bail, or by the deposit of sufficient bail with or payment of a fine to the court by the person to whom such traffic citation has been issued.

(C) It shall be unlawful for the County Sheriff to dispose of a traffic citation, or copies thereof, or of the record of the issuance of the same in a manner other than as required herein.
Penalty, see § 10.99
Statutory reference:
Citations authorized, see Neb. RS 29-422
Citation contents; procedure, see Neb. RS 29-424


§ 70.08 TRAFFIC CITATIONS; ILLEGAL CANCELLATION.

Any person who cancels, or solicits the cancellation of any traffic citation in any manner other than as provided in this chapter, shall be guilty of an offense.

CHAPTER 71: TRAFFIC REGULATIONS


Section

General Provisions

71.01 Truck routes
71.02 One-way traffic
71.03 Traffic lanes; designation
71.04 Arterial streets; designation
71.05 Crosswalks
71.06 Signs; signal
71.07 Stop signs
71.08 School crossing zones; designation

Speed Limits

71.20 General speed limit
71.21 Near schools
71.22 Lake Park
Statutory reference:
Regulation of highways by local authorities, see Neb. RS 60-680

GENERAL PROVISIONS


§ 71.01 TRUCK ROUTES.

The City Council may, by resolution, designate certain streets in the municipality that trucks shall travel upon, and it shall be unlawful for persons operating such trucks to travel on other streets than those designated for trucks, unless to pick up or deliver goods, wares, or merchandise, and in that event, the operator of such truck shall return to such truck routes as soon as possible in traveling through or about the municipality. The City Council shall cause notices to be posted or shall erect signs indicating the streets so designated as truck routes.
Penalty, see § 10.99
Statutory reference:
Truck routes authorized, see Neb. RS 60-681

§ 71.02 ONE-WAY TRAFFIC.

The City Council may, by resolution, provide for one-way travel in any street, or alley located in the municipality and shall provide for appropriate signs and markings when said streets have been so designated by resolution.


§ 71.03 TRAFFIC LANES; DESIGNATION.

The City Council may, by resolution, mark lanes for traffic on street pavements at such places as it may deem advisable.


§ 71.04 ARTERIAL STREETS; DESIGNATION.

The City Council may, by resolution, designate any street or portion thereof as an arterial street and shall provide for appropriate signs or markings when such street has been so designated.
(`88 Code § 5-204)


§ 71.05 CROSSWALKS.

The City Council may, by resolution, establish and maintain by appropriate devices, markers, or lines upon the street crosswalks at intersections where there is particular danger to pedestrians crossing the street, and at such other places as it may deem necessary.


§ 71.06 SIGNS; SIGNALS.

The City Council may, by resolution, provide for the placing of stop signs or other signs, signals, standards, or mechanical devices in any street or alley under the municipality's jurisdiction for the purpose of regulating or prohibiting traffic thereon. Such resolution shall describe the portion of the street or alley wherein traffic is to be regulated or prohibited, the regulation or prohibition, the location where such sign, signal, standard or mechanical device shall be placed, and the hours when such regulation or prohibition shall be effective. It shall be unlawful for any person to fail, neglect, or refuse to comply with such regulation or prohibition.
Statutory reference:
Obedience to, placement of, and authority over traffic-control devices, see Neb. RS 60-6,119
through 60-6,121


§ 71.07 STOP SIGNS.

Every person operating any vehicle shall, upon approaching any stop sign erected in accordance with the resolution prescribed heretofore, cause such vehicle to come to a complete stop before entering or crossing any street, highway, or railroad crossing. The vehicle operator shall stop at a marked stop line, or, if there is no stop line, before entering the crosswalk; but if neither is indicated, then as near the right-of-way line of the intersecting roadway as possible.


§ 71.08 SCHOOL CROSSING ZONES; DESIGNATION.

(A) Neb. RS 60-682.01 provides fines for operating a motor vehicle in violation of authorized speed limits and states that the fines are doubled if the violation occurs within a school crossing zone.

(B) Neb. RS 60-6,134.01 makes it unlawful for a person operating a motor vehicle to overtake and pass another vehicle in a school crossing zone in which the roadway has only one lane of traffic in each direction and provides fines for violation of that prohibition.

(C) The City Council may, by resolution, designate to the public any area of a roadway, other than a freeway, as a school crossing zone through the use of a sign or traffic control device as specified by the City Council in conformity with the Manual on Uniform Traffic Control Devices. Any school crossing zone so designated starts at the location of the first sign or traffic control device identifying the school crossing zone and continues until a sign or traffic control device indicates that the school crossing zone has ended.
(Neb. RS 60-658.01) Penalty, see § 10.99

SPEED LIMITS


§ 71.20 GENERAL SPEED LIMIT.

(A) No person shall operate a motor vehicle on any street, alley or other place within the city at a rate of speed greater than is reasonable and proper, having regard for the traffic and roadway and the conditions of the street, or at such speed as to endanger life, limb or property of any person, and under the circumstances in excess of 25 miles per hour on any street, alley, public way or any other place within the city, except for the following:

On Second Street:
From Grove Avenue to 200 feet west of Ochs Avenue 40 mph
From 200 feet west of Ochs Avenue to Court Avenue 25 mph
From Court Avenue to Jefferson Avenue 35 mph
From Jefferson Avenue to 250 feet west of County Road No. 117 40 mph

On U.S. 385:
From the Union Pacific Railroad Track to Second Street 25 mph
On Hayward Avenue:
From Fifth Street to Seventh Street 15 mph
On Washington Avenue
From Second Street to Fourth Street 15 mph
On Lincoln Avenue:
From Second Street to Fourth Street 15 mph
On Vincent Avenue:
From Fourth Street to Sixth Street 15 mph


(B) The above speed limits are hereby declared to be prima facie lawful. The speed limits shall be plainly indicated by appropriate signs or standards, and where so appropriate, on all main traveled highways at or near their approach to the corporate limits.
(`88 Code, § 5-213) (Ord. 331, passed 6-5-89) Penalty, see § 10.99
Statutory reference:
Basic speed rule, see Neb. RS 60-6,185
General speed limit, see Neb. RS 60-6,186
State, county, and local authority, see Neb. RS 60-6,190


§ 71.21 NEAR SCHOOLS.

It shall be unlawful for the driver of any vehicle, when passing premises on which school buildings are located, and which are used for school purposes, during school recess, or while children are going to, or leaving school during the opening or closing hours to drive such vehicle at a rate of speed in excess of 15 miles per hour past such premises, and such driver shall stop at all stop signs located at, or near, such school premises, and it shall be unlawful for such driver to make a U-turn at any intersection where such stop signs are located at, or near, such school premise.
Penalty, see § 10.99


§ 71.22 LAKE PARK.

(A) No person shall operate a motor vehicle on any street, alley or other place within Lake Park located south of the city at a rate of speed greater than is reasonable and proper, having regard for the traffic and roadway and the conditions of the street, or at such speed as to endanger life, limb or property of any person, or under the circumstances in excess of 15 miles per hour upon any street, alley or roadway.

(B) The above speed limit is hereby declared to be prima facie lawful. The speed limit shall be plainly indicated by appropriate sign or standards.
(`88 Code, § 5-214) (Ord. 343, passed 8-6-90) Penalty, see § 10.99

CHAPTER 72: PARKING REGULATIONS


Section

General Provisions

72.01 Brakes and turned wheels required
72.02 Parallel parking required; exceptions
72.03 Designation of type of parking
72.04 Areas of prohibited parking
72.05 Alleys; restrictions
72.06 Unloading; freight vehicles
72.07 Fire hydrants and stations
72.08 Schools, theaters
72.09 Street intersections
72.10 Obstructing traffic
72.11 Curb parking; painting of curbs
72.12 Display or repair
72.13 Current registration
72.14 Time limit
72.15 Snow removal and maintenance
72.16 Emergency vehicles

Persons with Disabilities

72.30 Definitions
72.31 Designation of onstreet parking spaces and access aisles; display of permits
72.32 Designation of offstreet parking stalls, spaces, and access aisles
72.33 Personal permit; issuance; renewal
72.34 Motor vehicle permit; issuance; renewal
72.35 Permits; prohibited issuance; duplicate permits
72.36 Permits; period valid; renewal of temporary permits
72.37 Permits nontransferable; violations; suspension
72.38 Removal of unauthorized vehicle

Administration and Enforcement

72.50 Tickets
72.51 Removal of illegally parked vehicles


GENERAL PROVISIONS


§ 72.01 BRAKES AND TURNED WHEELS REQUIRED.

No person having control or charge of a motor vehicle shall allow such vehicle to stand unattended without first effectively setting the brakes thereon and, when standing upon any grade, without turning the front wheels of such vehicle to the curb or side of the street. The driver of a motor vehicle, when traveling upon a down grade upon any street, shall not coast with the gears of the vehicle in neutral.


§ 72.02 PARALLEL PARKING REQUIRED; EXCEPTIONS.

No person shall park any vehicle or approach the curb with a vehicle, except when headed in the direction of the traffic. Vehicles, when parked, shall stand parallel with and adjacent to the curb or edge of the roadway in such manner as to have both right wheels within 12 inches of the curb or edge of the roadway and so as to leave at least four feet between the vehicle so parked and any other parked vehicles, except where the City Council designates that vehicles shall be parked at an angle so as to have the front right wheel at the curb or edge of the roadway. Where stalls are designated either on the curb or pavement, vehicles shall be parked within such stalls. No vehicle shall be parked upon a roadway when there is a shoulder adjacent to the roadway which is available for parking.
Penalty, see § 10.99


§ 72.03 DESIGNATION OF TYPE OF PARKING.

The City Council may, by resolution, designate any street, or portion thereof, where vehicles shall be parked parallel with and adjacent to the curb or at an angle so as to have the right front wheel at the curb.


§ 72.04 AREAS OF PROHIBITED PARKING.

The City Council may, by resolution, set aside any street, alley, public way, or portion thereof where the parking of a particular kind or class of vehicle shall be prohibited, or where the parking of any vehicle shall be prohibited. No vehicle prohibited from parking thereon shall stand or be parked adjacent to the curb of the street, alley, public way, or portion thereof, longer than a period of time necessary to load and unload freight or passengers.
Penalty, see § 10.99


§ 72.05 ALLEYS; RESTRICTIONS.

(A) No vehicle, while parked, shall have any portion thereof projecting into any alley entrance.

(B) No vehicle shall be parked in any alley, except for the purpose of loading or unloading during the time necessary to load or unload, which shall not exceed the maximum limit of ½ hour. Every vehicle while loading or unloading in any alley shall be parked in such manner as will cause the least obstruction possible to traffic in such alley.
Penalty, see § 10.99


§ 72.06 UNLOADING; FREIGHT VEHICLES.

Vehicles on an over-all length less than 20 feet, including load, while discharging or loading freight may back to the curb but shall occupy as little of the street as possible.


§ 72.07 FIRE HYDRANTS AND STATIONS.

No vehicle shall be parked within 15 feet in either direction of any fire hydrant nor within 20 feet of the driveway entrance to any fire station. The curb space within such area of 15 feet in either direction of such fire hydrant shall be painted red to indicate such prohibition.
(Neb. RS 60-6,166) Penalty, see § 10.99


§ 72.08 SCHOOLS, THEATERS.

The City Council may, by resolution, prohibit the parking or stopping except for loading or unloading of passengers or freight, of vehicles at the curb on streets directly in front of any entrance to a school house, school building, or theater, and such curbs adjacent to the entrance of said school house, school building, or theater shall be painted red to indicate such prohibition.


§ 72.09 STREET INTERSECTIONS.

Except in compliance with traffic control devices, no vehicle shall be parked or left standing for any purpose, except momentarily to load or discharge passengers, within 25 feet of the intersection or curb lines or, if none, then within 15 feet of the intersection of property lines, nor where the curb lines are painted red to indicate such prohibition.
Penalty, see § 10.99
Statutory reference:
Authority, see Neb. RS 60-6,166


§ 72.10 OBSTRUCTING TRAFFIC.

No person shall, except in case of an accident or emergency, stop any vehicle in any location where such stopping will obstruct any street, intersection, or entrance to an alley or public or private drive.
Penalty, see § 10.99


§ 72.11 CURB PARKING; PAINTING OF CURBS.

(A) No vehicle shall park on any street with its left side to the curb, unless the street has been designated to be a “one-way” street by the City Council. Vehicles must not be parked at any curb in such a position as to prevent another vehicle already parked at the curb from moving away.

(B) It shall be the duty of the City Council or its agent to cause the curb space to be painted and keep the same painted as provided in this section. No person, firm, or corporation shall paint the curb of any street or in any manner set aside or attempt to prevent the parking of vehicles in any street, or part thereof, except at such places where the parking of vehicles is prohibited by the provisions of this chapter. The marking or designating of portions of streets or alleys where the parking of vehicles is prohibited or limited shall be done only by the municipality through its proper officers, at the direction of the City Council.
Penalty, see § 10.99


§ 72.12 DISPLAY OR REPAIR.

It shall be unlawful for any person to park upon any street, alley, or public place within this municipality any vehicle displayed for sale. No person shall adjust or repair any automobile or motorcycle, or race the motor of same, while standing on the public streets or alleys of this municipality, except in case of breakdown or other emergency requiring same. No person or employee connected with a garage or repair shop shall use sidewalks, streets, or alleys in the vicinity of such garage or shop for the purpose of working on automobiles or vehicles of any description.
Penalty, see § 10.99


§ 72.13 CURRENT REGISTRATION.

It shall be unlawful to park or place on the streets, alleys, or other public property any vehicle without first securing a current registration as provided by law.
Penalty, see § 10.99


§ 72.14 TIME LIMIT.

(A) The City Council may, by resolution, entirely prohibit or fix a time limit for the parking and stopping of vehicles on any street, streets, or district designated by such resolution, and the parking, or stopping, of any vehicle in any such street, streets, or district, for a period of time longer than fixed in such resolution shall constitute a violation of this chapter.

(B) The parking of a motor vehicle on a public street for over 24 consecutive hours is unlawful, except where a different maximum time limit is posted.
Penalty, see § 10.99


§ 72.15 SNOW REMOVAL AND MAINTENANCE.

(A) It shall be unlawful to park or stand any vehicle on any street or alley in the municipality at any time within 12 hours after a snowfall of three inches or more has occurred within a 24 hour period unless the snow has been removed within that time.

(B) The City Council or the County Sheriff may order any street or alley, or portion thereof, vacated for weather emergencies or street maintenance. Notice shall be given by personally notifying the owner or operator of a vehicle parked on such street or alley or by posting appropriate signs along such streets or alleys. Such signs shall be posted not less than four hours prior to the time that the vacation order is to be effective. Any person parking a vehicle in violation of this section shall be subject to the penalties provided for violation in this chapter, and such vehicle may be removed and parked, under the supervision of the County Sheriff, to a suitable nearby location without further notice to the owner or operator of such vehicle.
Penalty, see § 10.99
Statutory reference:
Authority to regulate during snow emergencies, see Neb. RS 17-557


§ 72.16 EMERGENCY VEHICLES.

The provisions of this chapter regulating the movement, parking, and standing of vehicles shall not apply to authorized emergency vehicles, as defined in this title, while the driver of the vehicle is operating the same in an emergency in the necessary performance of public duties.
Statutory reference:
Privileges of and conditions on authorized emergency vehicles, see Neb. RS 60-6,114

PARKING WITH DISABILITIES


§ 72.30 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ACCESS AISLE. A space adjacent to a handicapped parking space or passenger loading zone which is constructed and designed in compliance with the federal Americans with Disabilities Act of 1990 and the federal rules and regulations adopted and promulgated in response to the act.
(Neb. RS 18-1736)

HANDICAPPED OR DISABLED PERSON. Any individual with a severe visual or physical impairment which limits personal mobility and results in an inability to travel unassisted more than 200 feet without the use of a wheelchair, crutch, walker, or prosthetic, orthotic, or other assistant device, any individual whose personal mobility is limited as a result of respiratory problems, any individual who has a cardiac condition to the extent that his or her functional limitations are classified in severity as being Class III or Class IV, according to standards set by the American Heart Association, and any individual who has permanently lost all or substantially all the use of one or more limbs.

HANDICAPPED PARKING INFRACTION. The violation of any section of this subchapter regulating the use of parking spaces, including access aisles, designated for use by handicapped or disabled persons; the unauthorized possession, use, or display of handicapped or disabled parking permits; or the obstruction of any wheelchair ramps constructed or created in accordance and in conformity with the federal Americans with Disabilities Act of 1990.
(Neb. RS 18-1741.01)

TEMPORARILY HANDICAPPED OR DISABLED PERSON. Any handicapped or disabled person whose personal mobility is expected to be limited in such manner for no longer than one year.
(Neb. RS 18-1738)


§ 72.31 DESIGNATION OF ONSTREET PARKING SPACES AND ACCESS AISLES; DISPLAY
OF PERMITS.

(A) The City Council may designate parking spaces, including access aisles, for the exclusive use of handicapped or disabled persons whose motor vehicles display the distinguishing license plates issued to handicapped or disabled persons pursuant to Neb. RS 60-311.14; handicapped or disabled persons whose motor vehicles display a distinguishing license plate issued to a handicapped or disabled person by another state; such other handicapped or disabled persons or temporarily handicapped or disabled persons, as certified by the municipality, whose motor vehicles display the permit specified in Neb. RS 18-1739; and such other motor vehicles, as certified by the municipality, which display such permit. All such permits shall be displayed by hanging the permit from the motor vehicle's rearview mirror so as to be clearly visible through the front windshield. The permit shall be displayed on the dashboard only when there is no rearview mirror.

(B) If the City Council so designates a parking space or access aisle, it shall be indicated by posting aboveground and immediately adjacent to and visible from each space or access aisle a sign as described in Neb. RS 18-1737. In addition to such sign, the space or access aisle may also be indicated by blue paint on the curb or edge of the paved portion of the street adjacent to the space or access aisle.
(Neb. RS 18-1736)

§ 72.32 DESIGNATION OF OFFSTREET PARKING STALLS, SPACES, AND ACCESS
AISLES.

The municipality and any person in lawful possession of any offstreet parking facility may designate stalls or spaces, including access aisles, in such facility owned or operated by the municipality or person for the exclusive use of handicapped or disabled persons whose motor vehicles display the distinguishing license plates issued to such individuals pursuant to Neb. RS 60-311.14; such other handicapped or disabled persons or temporarily handicapped or disabled persons, as certified by the municipality, whose motor vehicles display the permit specified in Neb. RS 18-1739; and such other motor vehicles, as certified by the municipality, which display such permit. Such designation shall be made by posting aboveground and immediately adjacent to and visible from each stall or space, including access aisles, a sign which is in conformance with the requirements in Neb. RS 18-1737.
(Neb. RS 18-1737)


§ 72.33 PERSONAL PERMIT; ISSUANCE; RENEWAL.

(A) The Municipal Clerk shall take an application, on a form provided by the Department of Motor Vehicles, from a handicapped or disabled person or temporarily handicapped or disabled person or his or her parent, legal guardian, or foster parent for a permit which will entitle the holder thereof or a person driving a motor vehicle for the purpose of transporting such holder to park in those spaces or access aisles provided for by this subchapter when the holder of the permit will enter or exit the motor vehicle while it is parked in such spaces or access aisles. For purposes of this section, the handicapped or disabled person or temporarily handicapped or disabled person shall be considered the holder of the permit.

(B) A person applying for a permit or for the renewal of a permit shall complete an application, shall provide proof of identity, and shall submit a completed medical form containing the statutory criteria for qualification and signed by a physician, physician assistant, or advanced practice registered nurse certifying that the person who will be the holder meets the definition of handicapped or disabled person or temporarily handicapped or disabled person. No applicant shall be required to provide his or her social security number. In the case of a temporarily handicapped or disabled person, the certifying physician, physician assistant, or advanced practice registered nurse shall indicate the estimated date of recovery or that the temporary handicap or disability will continue for a period of six months, whichever is less.

(C) A person may hold only one permit under this section and may hold either a permit under this section or a permit under section § 72.34, but not both.

(D) A copy of the completed application form shall be given to each applicant. The Municipal Clerk shall submit to the Department of Motor Vehicles the name, address, and license number of all persons applying for a permit pursuant to this section.

(E) An application for the renewal of a permit under this section may be filed within thirty days prior to the expiration of the permit. The existing permit shall be invalid upon receipt of the new permit. (Neb. RS 18-1738)

(F) The Municipal Clerk shall not accept the application for a permit of any person making application contrary to the provisions of Neb. RS 18-1738.02.
(Neb. RS 18-1738.02)


§ 72.34 MOTOR VEHICLE PERMIT; ISSUANCE; RENEWAL.

(A) The Municipal Clerk shall take an application from any person for a motor vehicle permit which will entitle the holder thereof or a person driving the motor vehicle for the purpose of transporting handicapped or disabled persons or temporarily handicapped or disabled persons to park in those spaces or access aisles provided for by this subchapter if the motor vehicle is used primarily for the transportation of handicapped or disabled persons or temporarily handicapped or disabled persons. Such parking permit shall be used only when the motor vehicle for which it was issued is being used for the transportation of a handicapped or disabled person or temporarily handicapped or disabled person and such person will enter or exit the motor vehicle while it is parked in such designated spaces or access aisles.

(B) A person applying for a permit or for the renewal of a permit pursuant to this section shall apply for a permit for each motor vehicle used for the transportation of handicapped or disabled persons or temporarily handicapped or disabled persons, shall complete such forms as are provided to the Municipal Clerk by the Department of Motor Vehicles, and shall demonstrate to the Municipal Clerk that each such motor vehicle is used primarily for the transportation of handicapped or disabled persons or temporarily handicapped or disabled persons. A copy of the completed application form shall be given to each applicant.

(C) No more than one such permit shall be issued for each motor vehicle. A person may hold either a permit under this section or a permit under § 72.33, but not both.

(D) An application for the renewal of a permit under this section may be filed within 30 days prior to the expiration of the permit. The existing permit shall be invalid upon receipt of the new permit.

(E) The Municipal Clerk shall submit to the Department of Motor Vehicles the name, address, and license number of all persons applying for a permit pursuant to this section.
(Neb. RS 18-1738.01)

(F) The Municipal Clerk shall not accept the application for a permit of any person making application contrary to Neb. RS 18-1738.02.
(Neb. RS 18-1738.02)


§ 72.35 PERMITS; PROHIBITED ISSUANCE; DUPLICATE PERMITS.

(A) No permit shall be issued to any person or for any motor vehicle if any parking permit has been issued to such person or for such motor vehicle and such permit has been suspended pursuant to § 72.37. At the expiration of such suspension, a permit may be renewed in the manner provided for renewal in this subchapter.

(B) A duplicate permit may be provided without cost if the original permit is destroyed, lost, or stolen. Such duplicate permit shall be issued in the same manner as the original permit, except that a newly completed medical form need not be provided if a completed medical form submitted at the time of the most recent application for a permit or its renewal is on file with the Municipal Clerk or the Department of Motor Vehicles. A duplicate permit shall be valid for the remainder of the period for which the original permit was issued.
(Neb. RS 18-1739)


§ 72.36 PERMITS; PERIOD VALID; RENEWAL OF TEMPORARY PERMITS.

(A) All permanently issued permits for handicapped or disabled parking authorized by this subchapter shall be issued for a period ending on September 30 of the third year after the date of issuance and shall expire on that date.

(B) All permits authorized under this subchapter for temporarily handicapped or disabled parking shall be issued for a period ending not more than six months after the date of issuance but may be renewed one time for a period not to exceed six months. For the renewal period, there shall be submitted an additional application with proof of a handicap or disability.
(Neb. RS 18-1740)


§ 72.37 PERMITS NONTRANSFERABLE; VIOLATIONS; SUSPENSIONS.

(A) Permits issued under this subchapter shall not be transferable and shall be used only by the party to whom issued or for the motor vehicle for which issued and only for the purpose for which it is issued. No person shall alter or reproduce in any manner a permit issued pursuant to this subchapter. No person shall knowingly hold more than one permit or knowingly provide false information on an application for a permit.

(B) No person who is not the holder of a handicapped or disabled parking permit issued to him or her as a handicapped or disabled person shall display a handicapped or disabled parking permit and park in a space or access aisle designated for the exclusive use of a handicapped or disabled person.

(C) No person who is the holder of a handicapped or disabled parking permit issued for the use of such person when transporting a handicapped or disabled person shall display his or her handicapped or disabled parking permit and park in a space or access aisle designated for the exclusive use of a handicapped or disabled person unless a handicapped or disabled person is actually in the vehicle displaying the permit at the time it is parked, has left the vehicle while it was parked, and will return to the vehicle before it leaves the designated space or access aisle.

(D) No person who is not the holder of a handicapped or disabled parking permit issued for use when a vehicle is transporting a handicapped or disabled person shall display a handicapped or disabled parking permit and park in a space or access aisle designated for the exclusive use of a handicapped or disabled person unless a handicapped or disabled person is actually in the vehicle displaying the permit at the time it is parked, has left the vehicle while it was parked, and will return to the vehicle before it leaves the designated space or access aisle.

(E) Any violation of this section shall constitute a handicapped parking infraction and shall be cause for suspension of such permit for a period of six months and imposition of the penalty provided for violation of this chapter. In addition, the trial court shall impose a fine of not more than $250 which may be waived by the court if, at the time of sentencing, all handicapped parking permits issued to or in the possession of the offender are returned to the court. At the expiration of such six-month period, a suspended permit may be renewed in the manner provided for renewal in this subchapter.
(Neb. RS 18-1741) Penalty, see § 10.99


§ 72.38 REMOVAL OF UNAUTHORIZED VEHICLE.

(A) The owner or person in lawful possession of an offstreet parking facility, after notifying the County Sheriff, and the municipality, if it provides onstreet parking or owns, operates, or provides an offstreet parking facility, may cause the removal, from a stall or space, including access aisles, designated exclusively for handicapped or disabled persons or temporarily handicapped or disabled persons or motor vehicles for the transportation of handicapped or disabled persons or temporarily handicapped or disabled persons, of any vehicle not displaying the proper permit or the distinguishing license plates specified in this subchapter if there is posted aboveground and immediately adjacent to and visible from such stall or space, including access aisles, a sign which clearly and conspicuously states the area so designated as a tow-in zone.

(B) A person who parks a vehicle in any onstreet parking space or access aisle which has been designated exclusively for handicapped or disabled persons or temporarily handicapped or disabled persons or motor vehicles for the transportation of handicapped or disabled persons or temporarily handicapped or disabled persons, or in any so exclusively designated parking space or access aisle in any offstreet parking facility, without properly displaying the proper permit or when the handicapped or disabled person to whom or for whom, as the case may be, the license plate or permit is issued will not enter or exit the vehicle while it is parked in the designated space or access aisle shall be guilty of a handicapped parking infraction and shall be subject to the penalties and procedures set forth in § 70.07. The display on a motor vehicle of a distinguishing license plate or permit issued to a handicapped or disabled person by and under the duly constituted authority of another state shall constitute a full and complete defense in any action for a handicapped parking infraction. If the identity of the person who parked the vehicle in violation of this section cannot be readily determined, the owner or person in whose name the vehicle is registered shall be held prima facie responsible for such violation and shall be guilty and subject to the penalties and procedures described in this section.
(C) In the case of a privately owned offstreet parking facility, the municipality shall not require the owner or person in lawful possession of such facility to inform the municipality of a violation of this section prior to the municipality issuing the violator a handicapped parking infraction citation.
(Neb. RS 18-1737)

ADMINISTRATION AND ENFORCEMENT


§ 72.50 TICKETS.

All tickets issued for violations of nonmoving traffic regulations contained in this chapter shall, in addition to information normally stated on such tickets, carry the following information:

(A) The amount of the fine if paid within 30 days;

(B) The amount of the fine if not paid within 30 days;

(C) The location where payment may be made; and

(D) The fact that a complaint will be filed after 30 days if the fine is not paid in that time.


§ 72.51 REMOVAL OF ILLEGALLY PARKED VEHICLES.

(A) Whenever the County Sheriff shall find a vehicle standing upon a street or alley in violation of any of the provisions of the chapter, such individual may remove or have such vehicle removed or require the driver or other person in charge of the vehicle to move such vehicle to a position off the roadway of such street or alley or from such street or alley.

(B) The owner or other person lawfully entitled to the possession of any vehicle towed or stored shall be charged with the reasonable cost of towing and storage fees. Any such towing or storage fee shall be a lien upon the vehicle prior to all other claims. Any person towing or storing a vehicle shall be entitled to retain possession of such vehicle until such charges are paid. The lien provided for in this section shall not apply to the contents of any vehicles.
(Neb. 60-6,165)