(A) The owner or person in lawful possession of an off-street parking facility, after notifying the Police or Sheriff’s Department, and the municipality providing on-street parking or owning, operating or providing an off-street parking facility, may cause the removal, from a stall or space designated exclusively for handicapped or disabled persons or temporarily handicapped or disabled persons, of any vehicle not displaying the proper permit or the distinguishing license plates specified in this subchapter if there is posted immediately adjacent to and visible from such stall or space a sign which clearly and conspicuously states the area so designated as a tow-in zone.
(B) Anyone parking in any on-street parking space which has been designated exclusively for handicapped or disabled persons or temporarily handicapped or disabled persons or motor vehicles for the transportation of such persons, or in any so exclusively designated parking space in any off-street parking facility, without properly displaying the proper permit or when the handicapped or disabled person to whom or for whom the license plate or permit is issued will not enter or exit the vehicle while it is parked in the designated space shall be guilty of a handicapped parking infraction, as defined in § 72.47 of this chapter, and shall be subject to the procedures as set forth in § 72.51 of this chapter and the penalty provided for in § 70.99 of this code of ordinances. The display on a motor vehicle of a distinguishing license plate or permit issued to a handicapped or disabled person by and under the duly constituted authority of another state shall constitute a full and complete defense in any action for a handicapped parking infraction. If the identity of the person who parked the vehicle in violation of this section cannot be readily determined, the owner or person in whose name the vehicle is registered shall be held prima facie responsible for such violation and shall be guilty and subject to the penalty provided for in § 70.99 of this code of ordinances.
(C) In the case of a privately owned off-street parking facility, the owner or person in lawful possession of such facility shall not be required to inform the municipality of a violation of this section prior to the municipality issuing the violator a handicapped parking infraction citation.
(1976 Code, § 5-621.08) (Ord. 1080, passed 3-8-1993; Ord. 1143, passed 2-6-1995; Ord. 1204, passed 1-22-1996)
Statutory reference:
Related provisions, see Neb. RS 18-1737