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§ 72.51 PERMITS NON-TRANSFERABLE; VIOLATION OR SUSPENSION.
   Permits issued under this subchapter shall not be transferable, and shall be used only by the party to whom issued or for the motor vehicle for which issued and only for the purposes for which it is issued. No person shall alter or reproduce in any manner a permit issued pursuant to this subchapter. Any violation of this section shall be cause for suspension of such permit for a period of six months. At the expiration of such period, a suspended permit may be renewed upon payment of the permit fee.
(1976 Code, § 5-621.07) (Ord. 1203, passed 1-22-1996)
Statutory reference:
   Related provisions, see Neb. RS 18-1741
§ 72.52 REMOVAL OF UNAUTHORIZED VEHICLES.
   (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
§ 72.53 CITATIONS; ISSUANCE; COMPLAINT AND TRIAL.
   (A)   For any offense classified as a handicapped parking infraction, a handicapped parking citation may be issued by any peace officer or by any person designated by ordinance by the governing body to exercise the authority to issue a citation for any handicapped parking infraction.
   (B)   (1)   When a handicapped parking citation is issued for a handicapped parking infraction, the person issuing the handicapped parking citation shall enter thereon all required information, including 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.
      (2)   Unless the person cited requests an earlier date, the time of appearance shall be at least three days after the issuance of the handicapped parking citation.
      (3)   One copy of the handicapped parking citation shall be delivered to the person cited or attached to the offending motor vehicle.
   (C)   At least 24 hours before the time set for the appearance of the cited person, either the Municipal Attorney or other person authorized by law to issue a complaint for the particular offense shall issue and file a complaint charging such person with a handicapped parking infraction or such person shall be released from the obligation to appear as specified.
   (D)   The trial of any person for a handicapped parking infraction shall be by the court without a jury. A person cited for a handicapped parking violation may waive his or her right to trial.
(1976 Code, § 5-621.09) (Ord. 1144, passed 2-6-1995)
Statutory reference:
   Related provisions, see Neb. RS 18-1741.01, 18-1741.04, 18-1741.06