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(A) Except as otherwise provided in this chapter, any vehicle stopped or parked upon a two-way road where parking is permitted shall be so stopped or parked with the right-hand wheels parallel to and within 12 inches of the right-hand curb or edge of such roadway. No vehicle shall be parked upon a roadway when there is a shoulder adjacent to the roadway which is available for parking.
(B) Except when otherwise provided by competent authority, every vehicle stopped or parked upon a one-way road shall be so stopped or parked parallel to the curb or edge of the roadway, in the direction of authorized traffic movement with its right-hand wheels within 12 inches of the right curb or edge of the roadway, or its left-hand wheels within 12 inches of the right curb or edge of such roadway.
(Prior Code, § 72.31) (Ord. 02-53, passed 10-7-2002) Penalty, see § 72.999
Statutory reference:
Parking regulations, see Neb. Rev. Stat. § 60-6,167
(A) Unauthorized parking on restricted or private lots. It shall be unlawful for any person to park a motor vehicle in a properly posted restricted or private lot without the consent of the owner or tenant
authorized to give permission.
(1) (a) Any motor vehicle which is parked in violation of this division (A) shall be subject to being towed away at the request of the lot owner or tenant. The towing shall be at the expense of the registered owner of the vehicle.
(b) In any event, when any law enforcement officer or community service technician observes or is advised that a motor vehicle may be in violation of this division (A), that officer shall determine whether a violation has in fact occurred and, if so, shall personally serve or attach to the motor vehicle a citation.
(2) Any person found guilty under this division (A) shall be subject to the penalties provided in § 72.999 of this code. If the identity of the operator of a motor vehicle in violation of this division (A) cannot be determined, the owner or person in whose name the vehicle is registered shall be held prima facie responsible for the infraction.
(B) Signs designating. Signs designating a restricted or private parking lot shall be readily visible and shall state the purpose or purposes for parking on the lot. If the lot is closed after business hours, the hours that parking is not allowed must be stated on the sign. Restricted parking lot signs must state: “Parking on this lot is restricted to customers only. No parking or loitering from to . Violators will be prosecuted in accordance with City Code, Chapter 72, § 72.037. Contact to determine location of towed vehicle.”
(C) Motor vehicle towed away. A motor vehicle towed away under this section which is not claimed by the owner is subject to liens by the person who towed the vehicle under the state statutes.
(D) Properly parked; liability. Any owner or tenant causing the towing away of a motor vehicle that is not improperly parked on a restricted lot shall cause the return of the motor vehicle to its owner or driver at no charge to the owner or driver. The person causing the motor vehicle to be towed shall be liable for any reasonably foreseeable damage incurred by the owner or driver of the motor vehicle due to loss of transportation.
(E) Liability for reasonably foreseeable damages. Anyone towing away a motor vehicle pursuant to this section shall be liable for any reasonably foreseeable damages to the motor vehicle that occur during the hookup, towing or disengagement of the motor vehicle to or from the towing vehicle, and anyone storing a towed motor vehicle shall be liable for any reasonably foreseeable damage to the motor vehicle and the personal contents therein during the storage period.
(F) Written statement by tower. The owner or driver of any motor vehicle towed away pursuant to this section shall, upon regaining possession of the motor vehicle from the tower, be given a written statement by the tower fully detailing the following: The name and address of the person or persons who caused the vehicle to be towed; under what statutory authority the vehicle was towed; and the owner or driver’s rights under this section.
(G) Person towing motor vehicle. Anyone towing a motor vehicle pursuant to this section shall take reasonable steps to ascertain that the person causing the motor vehicle to be towed is the owner or tenant of the lot from which the motor vehicle is to be towed.
(H) Towing and storage fees. 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 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 the vehicle until the charges are paid. The lien provided for in this section shall not apply to the contents of any vehicle.
(I) Owner or tenant of lot; solicitation. Any owner or tenant causing the towing away of a motor vehicle shall not solicit nor accept therefor a commission, gift, gratuity or any form of compensation or wealth from the person or business towing away the motor vehicle.
(Prior Code, § 72.32) (Ord. 98-27, passed 7-20-1998; Ord. 02-53, passed 10-7-2002) Penalty, see § 72.999
Statutory reference:
Restricted parking, see Neb. Rev. Stat. §§ 60-2401 through 60-2411
Parking is prohibited upon streets that are less than 33 feet in width, not having a curb, whether paved or unpaved.
(Prior Code, § 72.33) (Ord. 02-53, passed 10-7-2002) Penalty, see § 72.999
(A) For any offense classified as a HANDICAPPED PARKING INFRACTION, which for purpose of this section shall mean the violation of any statute, ordinance or resolution of the state or city regulating the use of parking spaces designated for use by handicapped or disabled persons, a handicapped parking citation may be issued by any police officer, community service technician or any other person designated by the Chief of Police.
(B) The form of the handicapped parking citation to be used shall be that form as prescribed by the Supreme Court of the state, provided that should the Supreme Court fail to prescribe the form of the handicapped parking citation, then the handicapped parking citation to be used shall be as prescribed by the Police Department. The handicapped parking citation shall include a description of the handicapped parking infraction, the time and place at which the person cited is to appear, a warning that failure to appear in accordance with the command of the citation is a punishable offense and any other matters as the Supreme Court, or alternatively the Police Department, deems appropriate.
(C) When a handicapped parking citation is issued for a handicapped parking infraction, the person issuing the citation shall enter thereon all required information, including, but not limited to, 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.
(Prior Code, § 72.34) (Ord. 98-49, passed 12-21-1998; Ord. 02-53, passed 10-7-2002)
Statutory reference:
Handicapping parking, see Neb. Rev. Stat. §§ 18-1736 through 18-1741.07
It is unlawful for any person to stop, park or leave standing any vehicle upon any street for a continuous period in excess of 24 hours.
(Prior Code, § 72.35) (Ord. 02-53, passed 10-7-2002) Penalty, see § 72.999
(A) The Chief of Police is hereby authorized to determine and designate a zone not to exceed 100 feet in length in which the stopping, standing or parking of vehicles would create an especially hazardous condition or would cause unusual delay to traffic.
(B) When official signs are erected at hazardous or congested places as authorized herein, no person shall stop, stand or park a vehicle in any designated place.
(Prior Code, § 72.36) (Ord. 02-53, passed 10-7-2002) Penalty, see § 72.999
(A) It shall be unlawful for any person to intentionally or knowingly remove or cause to be removed from any vehicle, any markings or other devices used by the city to determine parking violations. This includes, but is not limited to, chalk markings on tires and/or pavement or warning tags affixed to a window or antenna of the vehicle.
(B) It shall be unlawful for any person to intentionally or knowingly move or cause to be moved any vehicle for the purpose of removing markings or other devices used by the city to determine parking violations, which moving does not actually and entirely vacate the parking space and permit the occupancy thereof. The vehicle shall be subject to the service charges provided for in this section and the general penalty provided for in this code.
(C) It shall not be considered a violation of this section for a person to remove a vehicle from a limited parking space and immediately thereafter park the vehicle in the same parking space, provided that the space is actually and entirely vacated by the vehicle, and all obstructions preventing the occupancy thereof by another vehicle are removed for a reasonable period of time which is of a duration that, should the operator of another vehicle desire to occupy the space, the operator would have the opportunity to do so.
(D) Whenever a vehicle is removed from a limited parking space in the manner provided for in this division and is thereafter parked in the same space, the vehicle may legally occupy the space for the entire parking time limit duly established for the space.
(Prior Code, § 72.37) (Ord. 02-53, passed 10-7-2002) Penalty, see § 72.999
No person having control or charge of a motor vehicle shall allow the vehicle to stand unattended on a public street or roadway without first stopping the motor of the vehicle, locking the ignition, removing the key from the ignition, and effectively setting the brakes thereon and, when standing upon any street or roadway, turning the front wheels of the vehicle to the curb or side of the street or roadway.
(Prior Code, § 72.38) (Ord. 02-53, passed 10-7-2002) Penalty, see § 72.999
(A) Definition and designation of fire zones.
(1) The Fire Chief, with notice to the Police Chief, may request or require that a public or private property owner establish fire zones on the owner’s property where the health, safety and welfare of the public requires it.
(2) An owner of public or private property may, with the written approval of the Chief of Police, erect on the owner’s property a standard sign(s) and paint a curb or boundary area red to create a fire zone.
(3) Fire zones shall be marked with a red painted curb or boundary area and/or a standard fire zone sign. This sign will state “fire zone, no stopping, standing or parking.” The cost of painting and signing fire zones shall be solely that of the owner or possessor of the real property. Maintenance of fire zones shall be the sole responsibility of the owner or possessor of the real property.
(4) No person shall park, stop or leave standing a vehicle in an area or space set aside and identified by painting and/or signage as a fire zone.
(B) Enforcement.
(1) An owner of public or private property who has created a fire zone appoints and authorizes the city as the agent of the owner and impliedly authorizes the full enforcement by the city of the fire zone parking restriction on that property.
(2) A law enforcement officer, or community service technician, employed or authorized by the city who finds a motor vehicle which is not an authorized emergency vehicle parked, stopped or standing, whether occupied or unoccupied, in an area designated as a fire zone may issue a parking violation notice to the operator, owner or other person in charge of the motor vehicle.
(Prior Code, § 72.39) (Ord. 02-53, passed 10-7-2002) Penalty, see § 72.999
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