Loading...
§ 71.28 BACKING VEHICLES.
   It shall be unlawful for any person to back a motor vehicle on the municipal streets except to park in or to remove the vehicle from a permitted parking position, to move the vehicle from a driveway or to back to the curb for unloading where such unloading is permitted; provided, a vehicle shall be backed only when such movement can be made in safety and in no case shall the distance of the backing exceed one and one-half lengths of the vehicle.
(1976 Code, § 5-311) Penalty, see § 70.99
§ 71.29 UNNECESSARY STOPPING.
   It shall be unlawful for any person to stop any vehicle on any public street or alley, other than in permitted parking areas, except when such a stop is necessary for emergency situations, to comply with traffic-control devices and regulations or to yield the right-of-way to pedestrians or to other vehicles.
(1976 Code, § 5-312) Penalty, see § 70.99
§ 71.30 PASSING; INTERSECTIONS; HINDERANCE.
   (A)   The driver of a vehicle shall not overtake and pass another vehicle proceeding in the same direction, while traversing a street intersection, if such passing requires such overtaking vehicle to drive to the left of the center of the street.
(1976 Code, § 5-313)
   (B)   The driver of a vehicle about to be overtaken and passed by another vehicle shall not increase the speed of his or her vehicle until completely passed by the overtaking vehicle.
(1976 Code, § 5-314)
Penalty, see § 70.99
Statutory reference:
   Related provisions, see Neb. RS 39-622, 39-625
§ 71.31 DRIVING ABREAST.
   Two or more vehicles shall not be driven abreast, except when passing, or when traversing a multi-lane or one-way street; provided, motorcycles may be driven no more than two abreast in a single lane.
(1976 Code, § 5-315) Penalty, see § 70.99
Statutory reference:
   Related provisions, see Neb. RS 39-628, 39-694
§ 71.32 FOLLOWING VEHICLES.
   (A)   Distance. The operator of a vehicle shall not follow another vehicle more closely than is reasonable and prudent having due regard for the speed of the vehicles, and the traffic and condition of the street.
(1976 Code, § 5-316)
   (B)   Fire apparatus. The driver of any vehicle shall not follow any fire apparatus traveling in response to a fire alarm closer than 500 feet, or drive into, or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm.
(1976 Code, § 5-317)
Penalty, see § 70.99
Statutory reference:
   Related provisions, see Neb. RS 39-629, 39-681
§ 71.33 CROWDING IN FRONT SEAT.
   No person shall drive a motor vehicle when it is so loaded, or when there is in the front seat such a number of persons, exceeding three, as to obstruct the view of the driver to the front or sides of the vehicle or to interfere with the driver’s control over the driving mechanism of such vehicle.
(1976 Code, § 5-318) Penalty, see § 70.99
Statutory reference:
   Related provisions, see Neb. RS 39-677
§ 71.34 DRIVING IN SIDEWALK SPACE.
   No motor vehicle or livestock shall be driven or ridden within any sidewalk space, except a permanent or temporary driveway.
(1976 Code, § 5-319) Penalty, see § 70.99
Statutory reference:
   Related provisions, see Neb. RS 39-676
§ 71.35 UNNECESSARY NOISE; MUFFLERS.
   (A)   It shall be unlawful for any person to create any unreasonably loud, disturbing and unnecessary noise of such character, intensity and duration as to be detrimental to the health and welfare of the municipality.
(1976 Code, § 5-320)
   (B)   Every motor vehicle operated within the municipality shall be provided with a muffler in good working order to prevent excessive or unusual noise as provided in the previous section. It shall be unlawful to use a “muffler cut-out” on any motor vehicle upon any streets; provided, the provisions of this section shall not apply to authorized emergency vehicles.
(1976 Code, § 5-321)
Penalty, see § 70.99
Statutory reference:
   Related provisions, see Neb. RS 39-6,137, 60-2,209
§ 71.36 WRONGFUL TAKING.
   Whoever wrongfully takes any automobile, or motorcycle from a garage, or any other place where the same may have been lawfully placed, without the consent of the owner, or who shall use any motor vehicle in bailment beyond that use which was originally intended or agreed upon, with intent to wrongfully use the automobile or motorcycle so taken, shall be guilty of wrongful taking of a motor vehicle and shall be punished as provided by law.
(1976 Code, § 5-322) Penalty, see § 70.99
Statutory reference:
   Related provisions, see Neb. RS 28-521
§ 71.37 RADAR DEVICES.
   (A)   It shall be unlawful for any person to operate or possess any radar transmission device while operating a motor vehicle on any road, street, highway or interstate highway in the municipality; except that, this section shall not apply to any such device which has been lawfully licensed by the Federal Communications Commission or is being used by law enforcement officials in their official duties.
   (B)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      POSSESSION. To have a device defined above in a motor vehicle if such device is not:
         (a)   Disconnected from all power sources; and
         (b)   In the rear trunk, which shall include the spare tire compartment, or any other compartment which is not accessible to the driver or any other person in the vehicle while such vehicle is in operation. If no such compartment exists in a vehicle, then such device must be disconnected from all power sources and be placed in a position not readily accessible to the driver or any other person in the vehicle.
      RADAR TRANSMISSION DEVICE. Any mechanism designed to interfere with the reception of radio microwaves in the electromagnetic spectrum, which microwaves, commonly referred to as radar, are employed by law enforcement officials to measure the speed of motor vehicles.
      TRANSCEIVER. An apparatus contained in a single housing, functioning alternately as a radio transmitter and receiver.
(1976 Code, § 5-329) (Ord. 697, passed 8-5-1982)
Statutory reference:
   Related provisions, see Neb. RS 39-6,205 through 39-6,207
§ 71.38 DRIVING ON HIGHWAY SHOULDERS.
   No person shall drive on the shoulders of highways; except that:
   (A)   Vehicles may be driven onto the shoulders of roadways:
      (1)   By federal mail carriers while delivering the United States mail; or
      (2)   To safely remove a vehicle from traffic lanes.
   (B)   Implements of husbandry may be driven onto the shoulders of roadways.
(1976 Code, § 5-331) (Ord. 955, passed 9-26-1988) Penalty, see § 70.99
Statutory reference:
   Related provisions, see Neb. RS 39-631
§ 71.39 ENGINE BRAKES.
   (A)   Definition. For the purposes of this section, the term ENGINE BRAKE is hereby defined as a specific braking mechanism which utilizes the release of compressed air as part of an engine retarder or engine brake on any motor vehicle as a means of slowing or stopping said vehicle.
   (B)   Prohibition of engine brakes. It shall be unlawful for anyone to operate a motor vehicle and use engine retarders or engine brakes as a means of slowing or stopping said vehicle within the city limits.
   (C)   Affirmative defense. The use of an engine retarder or brake in an emergency situation to avoid an imminent accident which would otherwise result in damage or injury to person(s) or property, or the fact that the motor vehicle is equipped with a proper muffler system which eliminates noise emitted or caused by the use of an engine retarder or brake system shall constitute affirmative defenses to the application of the provisions of this section.
(1976 Code, § 5-334) (Ord. 1307, passed 9-16-2002) Penalty, see § 70.99
§ 71.40 SNOW EMERGENCY ROUTES.
   (A)   Movement of snow from private property into city streets. Whenever a snow emergency has been declared, no person shall move the snow from lots, driveways or sidewalks owned or controlled by them onto the streets after snow has been cleared from the streets by agents of the city. Once a street has been cleared it shall be unlawful for persons to move snow into street traffic lanes or street parking lanes.
(1976 Code, § 5-629)
   (B)   Operation of motor vehicles on snow emergency routes.
      (1)   Whenever an emergency has been declared pursuant to Ch. 75, Schd. II of this code of ordinances, no person operating a motor vehicle on a snow emergency route shall allow such vehicle to become stalled or stuck so that it remains in such a position longer than momentarily.
      (2)   No person operating a motor vehicle on a snow emergency route during the declaration of emergency snow conditions shall allow such vehicle to become stalled because the motor fuel supply is exhausted, or the battery has become inoperative.
      (3)   Whenever a motor vehicle becomes stalled for any reason, whether or not in violation of this section, on any snow emergency route on which there is a parking prohibition in effect, the person operating such vehicle shall take immediate action to have the vehicle towed or pushed off the roadway of such snow emergency route. No person shall abandon or leave his or her vehicle in the roadway of a snow emergency route, except for the purpose of securing assistance for removal.
(1976 Code, § 5-630)
   (C)   Emergency declarations of the Mayor or Street Commissioner.
      (1)   The Mayor and/or Street Commissioner shall cause each declaration of a snow emergency which shall be made by him or her, pursuant to this section, to be publicly announced by means of broadcasting or telecast from broadcasting stations with a normal operating range covering the city, and he or she may, in addition, cause such declaration to be announced in newspapers of general circulation within the city when feasible. Each announcement shall describe the action taken by the Mayor and/or Street Commissioner, including the time the emergency became or will become effective. The announcement shall specify the streets or areas affected. The Mayor and/or Street Commissioner shall make or cause to be made a record of each time and date when an emergency declaration is announced to the public by issuing an executive order as soon after the declaration of any emergency as is feasible.
      (2)   Whenever the Mayor and/or Street Commissioner shall find that some or all of the conditions which gave rise to a parking prohibition placed in effect pursuant to the provisions of this section no longer exist, he or she shall declare the prohibition terminated, in whole or in part, effective immediately upon the announcement or at a later specified time.
(1976 Code, § 5-631)
   (D)   Provisions temporarily effective to take precedence. Any provision of this section which becomes effective by declaration of the Mayor and/or Street Commissioner upon the occurrence of a snow emergency, while temporarily in effect, takes precedence over other conflicting provisions of law, except that it shall not take precedence over provisions of law relating to traffic accidents, emergency travel of authorized emergency vehicles, or emergency traffic directions by a Police Officer.
(1976 Code, § 5-632)
(Ord. 1393, passed 2-5-2007; Ord. 1478, passed 2-19-2018; Ord. 1488, passed 9-23-2019) Penalty, see § 70.99