(A) (1) For any offense classified as a handicapped parking infraction, a handicapped parking citation may be issued by any peace officer or by any person designated by ordinance by the City Council to exercise the authority to issue a citation for any handicapped parking infraction.
(2) When a handicapped parking citation is issued for a handicapped parking infraction, the person issuing the handicapped parking citation shall enter thereon all required information, including the name and address of the cited person or, if not known, the license number and description of the offending motor vehicle, the offense charged and the time and place the person cited is to appear in court. Unless the person cited requests an earlier date, the time of appearance shall be a least three days after the issuance of the handicapped parking citation. One copy of the handicapped parking citation shall be delivered to the person cited or attached to the offending motor vehicle.
(3) At least 24 hours before the time set for the appearance of the cited person, either the City Attorney or other person authorized by law to issue a complaint for the particular offense shall issue and file a complaint charging the person with a handicapped parking infraction or the person shall be released from the obligation to appear as specified.
(4) The trial of any person for a handicapped parking infraction shall be by the court without a jury. A person cited for a handicapped parking violation may waive his or her right to trial.
(5) For any handicapped parking citation issued for a handicapped parking infraction by reason of the failure of a vehicle to display a handicapped parking permit issued pursuant to Neb. RS 18-1738 or 18-1738.01, the complaint shall be dismissed if, within seven business days after the date of issuance of the citation, the person cited files with the court the affidavit included on the citation, signed by a peace officer certifying that the recipient is the lawful possessor in his or her own right of a handicapped parking permit issued under Neb. RS 18-1738 or 18-1738.01 and that the peace officer has personally viewed the permit.
(Prior Code, § 5-327)
(B) Any person found guilty under § 74.15 shall be subject to a fine of not more than $100 for each offense. If the identity of the operator of a motor vehicle in violation of this section cannot be determined, the owner or person in whose name the vehicle is registered shall be held prima facie responsible for the fine. When any law enforcement officer observes or is advised that a motor vehicle may be in violation of this section, he or she shall make a determination as to whether a violation has in fact occurred and if so shall personally serve or attach to the motor vehicle a citation directed to the owner or operator of the vehicle, which shall set forth the nature of the violation. Any person who refuses to sign the citation or otherwise comply with the command of the citation shall be punished as provided by Neb. RS 29-426.
(Prior Code, § 5-315)
(C) Any violation of § 74.37 shall constitute a handicapped parking infraction and shall be cause for suspension of the 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 $2.50 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 the six-month period, a suspended permit may be renewed in the manner provided for renewal, in this chapter.
(Prior Code, § 5-324)
(Ord. 11-97, passed 8-4-1997; Ord. 7-02, passed 7-8-2002)
Statutory reference:
Related provisions, see Neb. RS 18-1741, 18-1741.01, 18-1741.04, 18-1741.06