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The Chief of Police is hereby given authority to require any motor vehicle, trailer or semi-trailer found being operated upon the roads, streets, highways or alleys of the city to be inspected when the vehicle, trailer or semi-trailer does not appear to meet the safety requirements herein prescribed. In the event that, upon any such inspection, the motor vehicle, trailer or semi-trailer is found to be in violation of any of the requirements set forth in this subchapter, the same shall not be thereafter driven upon any street until the same meets the requirements.
(Prior Code, § 70.055) (Ord. 98-27, passed 7-20-1998) Penalty, see § 70.999
(A) Definition. For purposes of this section, OCCUPANT PROTECTION SYSTEM shall mean a system utilizing a lap belt, shoulder belt or any combination of belts installed in a motor vehicle which restrains drivers and passengers and conforms to Federal Motor Vehicle Safety Standards, 49 C.F.R. §§ 571.208, 571.209 and 571.210, to the Federal Motor Vehicle Safety Standards for passenger restraint systems applicable for the motor vehicle’s model year or other safety standards which may be hereafter promulgated by the federal government.
(B) Occupant protection system required.
(1) Every motor vehicle designated by the manufacturer as a 1973 model or later which is driven or operated on any highway, road, street or alley shall be equipped with an occupant protection system of a type which does the following:
(a) Meets the requirements of the Federal Motor Vehicle Safety Standards referenced in division (A) above as such regulations currently exist or as the regulations existed when the occupant protection system was originally installed by the manufacturer; and
(b) If the occupant protection system has been replaced, meets the requirements of the Federal Motor Vehicle Safety Standards referenced in division (A) above that applied to the originally installed occupant protection system or of a more recently issued version of the regulations. The purchaser of any such vehicle may designate the make or brand or furnish the occupant protection system to be installed.
(2) This division (B) shall not apply to farm tractors and implements of husbandry designed primarily or exclusively for use in agricultural operations, motorcycles, motor-driven cycles, mopeds or buses.
(C) Use required. Except as provided in division (B)(2) above, no driver shall operate a motor vehicle upon a highway, street, alley or road of this city unless the driver and each front seat occupant in the vehicle are wearing occupant protection systems and all occupant protection systems worn or used are properly adjusted and fastened.
(D) Exceptions. The following persons shall not be required to wear an occupant protection system:
(1) A person who possesses written verification from a physician that the person is unable to wear an occupant protection system for medical reasons;
(2) A rural letter carrier of the United States Postal Service while performing that person’s duties as a rural letter carrier between the first and last delivery points; and
(3) A member of an ambulance or rescue service unit while involved in patient care.
(E) Enforcement. Enforcement of this section shall be accomplished only as a secondary action when a driver of a motor vehicle has been cited or charged with a violation of some other offense.
(Prior Code, § 70.056) (Ord. 98-27, passed 7-20-1998) Penalty, see § 70.999
(A) Definition. For purposes of this section, CHILD PASSENGER RESTRAINT SYSTEM shall mean a system which meets the requirements of Federal Motor Vehicle Safety Standard 213 as developed by the National Highway Traffic Safety Administration as of July 10, 1990, or other safety standards which may be hereafter promulgated by the federal government and which system is correctly installed in the motor vehicle.
(B) Use required. It shall be unlawful for any person who resides in the state and drives or operates any motor vehicle which has or is required to have an occupant protection system to transport any child under the age of four or weighing less than 40 pounds without securing the child in a child passenger restraint system which meets the requirements referenced in division (A) above.
(C) Other children. Any child which weighs at least 40 pounds or being at least four years old and which is not secured in a child passenger restraint system shall be secured in an occupant protection system.
(1) This division (C) shall apply to any children weighing at least 40 pounds or being at least four years old who are being transported in any motor vehicle which is equipped with an occupant protection system or is required to be equipped with restraint systems pursuant to Federal Motor Vehicle Safety Standard 208.
(2) This division (C) shall not apply to taxicabs, mopeds, motorcycles and any other motor vehicle designated by the manufacturer as a 1963 year model or earlier which is not equipped with an occupant protection system.
(D) Exceptions. This section shall not apply to the following:
(1) Drivers of authorized emergency vehicles when operating the vehicles pursuant to their employment; or
(2) Whenever any physician licensed to practice medicine in the state determines, through accepted medical procedures, that use of a child passenger restraint system by a particular child would be harmful by reason of the child’s weight, physical condition or other medical reason. The driver of any vehicle transporting such a child shall carry on the child’s person or in the vehicle a written statement signed by the physician, identifying the child and stating the grounds for the exemption.
(E) Defense. Any person who is charged with a violation of this section, who does not have in that person’s possession a child restraint system meeting the requirements of Federal Motor Vehicle Safety Standard 213, and who subsequently purchases or rents for a one-year period such a system prior to that person’s court appearance shall, upon presentation of proof of purchase or proof of rental for a one-year period of such a system, be able to utilize the presentation as an absolute defense and cause for dismissal of the charge upon payment of court costs, if any.
(Prior Code, § 70.057) (Ord. 98-27, passed 7-20-1998) Penalty, see § 70.999
Statutory reference:
Related provisions, see Neb. Rev. Stat. § 60-6,267
It shall be unlawful for any vehicle to carry a load on any road or street when the load projects beyond the front end or the rear end of the vehicle unless the following conditions are met.
(A) During daylight, a red warning flag is securely fastened to the load in a conspicuous place at the extreme end of the load.
(B) After sunset, a red warning light is securely fastened to the load in a conspicuous place at the extreme end of the load.
(Prior Code, § 70.058) (Ord. 98-27, passed 7-20-1998) Penalty, see § 70.999
No vehicle or trailer shall be driven or moved on any roadway unless the vehicle or trailer is so constructed or loaded as to permit the contents from dropping, sifting, leaking or otherwise escaping from the vehicle or trailer.
(Prior Code, § 70.059) (Ord. 98-27, passed 7-20-1998; Ord. 01-38, passed 8-6-2001) Penalty, see § 70.999
TRAFFIC-CONTROL DEVICES
The City Council shall regulate or entirely prohibit traffic upon any street or portion thereof, and when regulated or prohibited, the Street Department shall place suitable signs, signals or other devices upon the streets to indicate the regulation or prohibition. The regulation or prohibition of traffic contemplated in this section shall be undertaken by and through the creation of the Traffic Control Device Committee, consisting of the City Engineer, Police Chief, Streets Superintendent and City Administrator, which shall be responsible for performing the following duties.
(A) The Traffic Control Device Committee shall be responsible for placement and maintenance of traffic control signs, signals and devices when and as required under the traffic ordinances of this city, to make effective the provisions of such ordinances and may place and maintain such additional traffic control devices, either temporary or permanent as may be necessary to regulate traffic under the traffic ordinances of this city or under state law to guide or warn traffic; may cause traffic control devices to be tested under actual conditions of traffic; shall conduct engineering investigations of traffic conditions and conduct engineering analysis of traffic accidents and to devise remedial measures therefore in the city; and shall approve the installation of all street signs and traffic signals, and where traffic requirements dictate, initiate their installation.
(B) The Traffic Control Device Committee shall report to the Public Property, Safety and Works Committee of the City Council quarterly on traffic regulation or prohibition requests considered by the Traffic Control Device Committee and the actions taken on those request. The Public Property, Safety and Works Committee of the City Council reserves the right to review and hear appeals on actions taken by the Traffic Control Device Committee.
(Prior Code, § 70.070) (Ord. 98-27, passed 7-20-1998; Ord. 06-16, passed 5-1-2006)
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