(A) Fees, release.
(1) There is hereby created in the city a pound for the impounding of automobiles and other vehicles of any character, which is designated as an “automobile pound”.
(2) The Mayor of the city is hereby empowered and directed to locate the automobile pound for the placement of impounded vehicles where and as may be appropriate for said purpose and as may be necessary to accommodate the vehicles impounded. The Mayor of the city may change the location of the automobile pound designated for the placement of impounded vehicles as may be appropriate for said purpose and as may be necessary to accommodate the vehicles impounded. The city may enter into a contract with private persons, firms and corporations for the use of the impoundment area or for the towing of such impounded vehicles found to be in violation of this municipal code.
(3) Whenever any vehicle is found by a police officer parked or left standing in the streets, alleys, public ways or parking facilities or other public places of the city which has previously been in violation of, or which is at present in violation of this municipal code of the city, the police officer may remove and convey the vehicle by means of towing it or otherwise to the automobile pound, or such police officer may remove said vehicle or order that said vehicle be towed to the location designated by the city for the placement of impounded vehicles; and, thereupon, the vehicle shall not be discharged or removed from the automobile pound, except upon payment by the owner, driver or operator of such vehicle of a towing and storage fee as established by resolution of the City Council. In such case when such vehicle is towed or removed to the automobile pound said owner, driver or operator shall pay such towing fees as may be established between the city and such person, firm or corporation operating the towing service. When the owner, driver or operator of such vehicle presents himself or herself to the Police Department of the city to claim his or her vehicle, it shall be the duty of the Police Department to inform the owner, driver or operator of the nature and the circumstance of the violation for which the vehicle was impounded. If such person is found not guilty by the court involved of the charges for which the vehicle was impounded, the city shall refund to such person the towing and impoundment fees paid by such person.
(4) It shall be the duty of the City Clerk to account for any fees collected for the city under the provisions of this section. The Chief of Police shall keep a record of the name of the owner of each vehicle impounded, the number of the registration plates thereon, the nature and circumstances of each violation involved and the disposition of each case.
(5) Nothing set forth in divisions (A)(1) through (A)(4) above shall be construed as superseding any other provisions of the city code concerning the proper parking or operation of vehicles and the collection of fees hereunder shall not prevent or preclude the prosecution of the violation of any of the provisions of the city code concerning the parking or operation of vehicles in the city.
(1976 Code, § 5-622)
(B) Private lots.
(1) (a) Any person parking a motor vehicle in a properly posted, restricted parking lot without the consent of the owner or tenant authorized to give permission shall be guilty of an infraction and the vehicle shall be subject to being towed away at the request of such lot owner or tenant.
(b) Any person found guilty under this section shall be subject to the penalties provided for infractions.
(c) If the identity of the operator of a motor vehicle in violation of this section cannot be determined, the owner or person in whose name such vehicle is registered shall be held prima facie responsible for such infraction.
(d) When any law enforcement officer observes or is advised that a motor vehicle may be in violation of this section, he or she shall make a determination as to whether a violation has in fact occurred and, if so, shall personally serve or attach to such motor vehicle a citation directed to the owner or operator of such vehicle, which shall set forth the nature of the violation.
(e) Any person who refuses to sign the citation or otherwise comply with the command of the citation shall be punished as provided by Neb. RS 29-426.
(2) Signs designating a restricted parking lot shall be readily visible and shall state the purpose or purposes for parking on the restricted parking lot, state the hours for restricted parking and state who to contact for information regarding a towed vehicle.
(1976 Code, § 5-623)
(C) Removal of illegally parked vehicles.
(1) Whenever any police officer shall find a vehicle standing upon a street or alley in violation of any of the provisions of this section, such individual may remove or have such vehicle removed, or require the driver or other person in charge of the vehicle to move such vehicle, to a position off the roadway of such street or alley or from such street or alley.
(2) (a) 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.
(b) Any such towing or storage fee shall be a lien upon the vehicle prior to all other claims.
(c) Any person towing or storing a vehicle shall be entitled to retain possession of such vehicle until such charges are paid.
(d) The lien provided for in this section shall not apply to the contents of any vehicles.
(1976 Code, § 5-624)
(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)
(E) Removal of stalled or parked vehicles; fees.
(1) Members of the Police Department are hereby authorized to remove or cause to be removed a vehicle from a street to another place or location on a street or to a lot, garage, storage yard, or other similar facility designated by the Police Department when:
(a) The vehicle is parked on a snow emergency route on which a parking prohibition is in effect;
(b) The vehicle is stalled on a snow emergency route on which a parking prohibition is in effect and the person who is operating said vehicle does not appear to be removing it in accordance with the provisions of this section;
(c) The vehicle is parked on any street in violation of any parking prohibition or provision of law contained in this section.
(2) (a) Such vehicle removal may be made by towing to a private lot, garage, storage yard, or other similar facility. Any stored vehicle shall not be released from storage except upon payment by the owner of the vehicle to the person or persons in charge of the lot, garage, storage yard, or other similar facility of the cost of towing and storage.
(b) A receipt for such fees shall be issued to the owner of the vehicle.
(3) It shall be the duty of the person or persons in charge of the lot, garage, storage yard, or other similar facility designated by the Police Department for storage to keep a record of the name of the owner of all vehicles towed in under these provisions, together with the license plate number or VIN number of each vehicle, and the nature of such, and the amount of fees collected hereunder and to deliver a report of each day’s transactions to the Chief of Police not later than one day following the day for which the report is made.
(1976 Code, § 5-633)
(Ord. 650, passed 12-4-1980; Ord. 669, passed 9-17-1981; Ord. 956, passed 9-26-1988; Ord. 1181, passed 11-20-1995; Ord. 1393, passed 2-5-2007; Ord. 1488, passed 9-23-2019)
Statutory reference:
Related provisions, see Neb. RS 39-671, 39-697, 60-2401, 60-2402