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(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)
It shall be unlawful for any person to disobey the instructions of any official traffic sign, signal or device placed in accordance with this title, unless otherwise directed by a police officer.
(Prior Code, § 70.071) (Ord. 98-27, passed 7-20-1998) Penalty, see § 70.999
At each intersection where an automatic signal is installed and actually functioning, all vehicular and pedestrian traffic crossing or entering the intersections shall be governed by the automatic signals, and it shall be unlawful to violate the signals. When automatic signals control traffic by exhibiting different colored lights, colored lighted arrows, word legends or symbols, the signals shall indicate and apply to drivers of vehicles and pedestrians as follows.
(A) Green indications.
(1) Vehicular traffic facing a circular green indication may proceed straight through or turn right or left unless a sign at such place prohibits either such turn, but vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time the indication is exhibited.
(2) Vehicular traffic facing a green arrow indication, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by the arrow or such other movement as is permitted by other indications shown at the same time, and the vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.
(3) Unless otherwise directed by a pedestrian-control signal, pedestrians facing any green indication, except when the sole green indication is a turn arrow, may proceed across the road within any marked or unmarked crosswalk.
(B) Yellow indications.
(1) (a) Vehicular traffic facing a steady or flashing yellow indication is thereby warned that any movement related to a green indication is being terminated or that a red indication will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection.
(b) Upon display of a steady or flashing yellow indication, vehicular traffic shall stop before entering the nearest crosswalk at the intersection, but if the stop cannot be made in safety, a vehicle may be driven cautiously through the intersection.
(2) Vehicular traffic facing a flashing yellow arrow indication may cautiously enter the intersection only to make the movement as is permitted and shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic legally using the intersection.
(C) Red indications.
(1) Vehicular traffic facing a steady red indication alone shall stop at a marked stop line or shall stop if there is no such line before entering the crosswalk on the near side of the intersection or, if there is no crosswalk, before entering the intersection. The traffic shall remain standing until an indication to proceed is shown except as provided in divisions (C)(2) and (C)(3) below.
(2) Except where a traffic-control device is in place prohibiting a turn, vehicular traffic facing a steady red indication may cautiously enter the intersection to make a right turn after stopping as required by division (C)(1) above. The vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.
(3) Except where a traffic-control device is in place prohibiting a turn, vehicular traffic facing a steady red indication at the intersection of two one-way streets may cautiously enter the intersection from the left-hand lane to make a left turn after stopping as required by division (C)(1) above. The vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.
(4) Unless otherwise directed by a pedestrian-control signal, pedestrians facing a steady red indication alone shall not enter the road. Pedestrians facing a flashing red signal are thereby advised that there is insufficient time to cross the roadway before a red indication is shown, and no pedestrian shall then start to cross the road.
(D) Other applicable provisions.
(1) If a traffic-control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application.
(2) Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking, the stop shall be made at the signal.
(Prior Code, § 70.072) (Ord. 98-27, passed 7-20-1998) Penalty, see § 70.999
Whenever special pedestrian-control signals exhibiting the terms “walk” or “don’t walk,” or exhibiting the symbol of a walking person or an upraised hand are in place, the signals shall take precedence over pedestrian movements. The signals shall indicate the following.
(A) Pedestrians facing a steady “walk” indication or a symbol of a walking person may proceed across the road in the direction of the signal and shall be given the right-of-way by the drivers of all vehicles.
(B) No pedestrian shall start to cross the roadway in the direction of a “don’t walk” indication or a symbol of an upraised hand, but any pedestrian who has partially completed the crossing on the “walk” or walking person indication shall immediately proceed to the nearest sidewalk or safety island.
(Prior Code, § 70.073) (Ord. 98-27, passed 7-20-1998) Penalty, see § 70.999
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