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§ 70.100 AUTOMOBILE POUND CREATED; LOCATION.
   (A)   A pound for the impounding of automobiles and any other vehicles of any character is hereby created and is hereby designated as an “automobile pound.”
   (B)   The Chief of Police is hereby empowered and directed to locate the automobile pound where and as may seem appropriate for the purpose and as may be necessary to accommodate the vehicles impounded. The Chief of Police may change the location of the automobile pound whenever it appears to be necessary or desirable.
(Prior Code, § 70.095) (Ord. 98-27, passed 7-20-1998)
§ 70.101 VEHICLES IMPOUNDED; FEE; DISCHARGE.
   (A)   Whenever any vehicle is found by a police officer parked or left standing on the roads, streets, highways or alleys of the city in violation of the provisions of this code, the police officer may remove and convey the vehicle, or may cause the vehicle to be removed and conveyed by means of towing or otherwise to the automobile pound.
   (B)   The vehicle shall not be discharged or removed from the pound except by payment by the owner, driver or operator of the vehicle of a fee as set by resolution, plus reasonable storage fees to the person in charge of the automobile pound.
   (C)   When the owner or driver of the vehicle so impounded presents himself or herself at the automobile pound to claim that owner or driver’s vehicle, it shall be the duty of the person in charge to inform the owner or driver of the nature and circumstances of the violation resulting in the impounding of the vehicle.
      (1)   If the owner or driver of any vehicle so impounded protests against the payment for the impounding and storage fee, the owner or driver shall receive from the person in charge of the automobile pound a receipt for the payment marked “paid under protest” but only if the owner or driver of the impounded vehicle executes an affidavit denying the facts upon which the impounding of the vehicle was based and protesting against the payment of the impounding and storage fees.
      (2)   It shall thereupon be the duty of the Chief of Police to forthwith make complaint in conformity with the provisions of this code, setting forth the factual circumstances which led to the impounding of the vehicle. If any such person is found not guilty by the court of a violation based upon the factual circumstances, it shall be the duty of the persons in charge of the automobile pound to refund to the person the fees so paid under protest.
(Prior Code, § 70.096) (Ord. 98-27, passed 7-20-1998)
§ 70.102 DISPOSITION OF FEES.
   It shall be the duty of the Chief of Police to account for any fees collected by the Chief under the provisions of this title to the Finance Director, who shall place the same in the General Fund. The Chief of Police shall also keep a record of the name of the owner of all vehicles impounded, the number of their registration plates, the nature and circumstances of each violation involved and the disposition of the case.
(Prior Code, § 70.097) (Ord. 98-27, passed 7-20-1998)
§ 70.103 DISREGARDING TRAFFIC SUMMONS OR CITATION.
   It shall be unlawful for any person to disregard a summons or citation issued on account of a violation of any of the provisions of this title, or to fail to appear in court as directed by the summons or citation.
(Prior Code, § 70.098) (Ord. 98-27, passed 7-20-1998) Penalty, see § 70.999
§ 70.104 APPLICABILITY OF IMPOUNDMENT PROCEDURES.
   Nothing in §§ 70.101 through 70.103 of this code shall be construed as superseding any other provisions of this title concerning the proper parking or operation of vehicles of any character in this city. In addition, the impounding of any vehicle and the collection of a fee therefor under § 70.101 of this code shall not prevent or preclude prosecution for the violations of any of the provisions of this title concerning the parking or operations of vehicles in the city.
(Prior Code, § 70.099) (Ord. 98-27, passed 7-20-1998) Penalty, see § 70.999
§ 70.999 PENALTY.
   (A)   Any person violating any provision of this traffic code for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
   (B)   Any person violating § 70.035(A) or (B) of this code shall be guilty of a Class III misdemeanor. If such person has had one or more convictions under this section in the 12 years prior to the date of the current conviction under this section, such person shall be guilty of a Class II misdemeanor. As part of any sentence, suspended sentence or judgment of conviction under this section, the court shall order the defendant not to drive any motor vehicle for any purpose in the state for not less than 30 days nor more than one year from the date ordered by the court.
(Neb. Rev. Stat. § 60-696) (Prior Code, § 70.030)
   (C)   Any person who violates § 70.061 of this code shall be fined $25. Regardless of the number of persons in the vehicle not wearing an occupant protection system pursuant to § 70.061(C) of this code, only one violation shall be assessed against the driver of the motor vehicle for each time the motor vehicle is stopped and a violation of § 70.061(C) of this code is found.
(Prior Code, § 70.056)
   (D)   Any person who violates § 70.062(B) or (C) of this code shall be fined $25 for each violation. The failure to provide a child restraint system for more than one child in the same vehicle at the same time as required shall not be treated as a separate offense. Any person who has acquired the statement authorized by § 70.062(D)(2) of this code but fails to show a police officer the statement when requested to do so shall be fined $10 for each offense. The failure to produce a statement for more than one child in the same vehicle at the same time shall not be treated as a separate offense.
(Prior Code, § 70.057)
   (E)   Any person violating the provisions of § 70.081 of this code, in addition to criminal penalties provided in this code, shall be assessed liquidated damages in the amount of the value of the sign, signal or device or railroad sign or signal and the cost of replacing it.
(Prior Code, § 70.076)