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(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
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
(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
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
(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
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