For the purpose of this title, the following definitions and the other definitions in Neb. RS 60-606 through 60-676 shall apply unless the context clearly indicates or requires a different meaning.
ALLEY. A highway intended to provide access to the rear or side of lots or buildings and not intended for the purpose of through vehicular traffic.
(Neb. RS 60-607)
AUTHORIZED EMERGENCY VEHICLE. Such fire department vehicles, police vehicles, rescue vehicles and ambulances as are publicly owned, such other publicly- or privately-owned vehicles as are designated by the Director of Motor Vehicles, and such publicly-owned military vehicles of the National Guard as are designated by the Adjutant General pursuant to Neb. RS 55-133.
(Neb. RS 60-610)
BUSINESS DISTRICT. The territory contiguous to and including a highway when within any 600 feet along such highway there are buildings in use for business or industrial purposes, including, but not limited to, hotels, banks, office buildings, railroad stations or public buildings which occupy at least 300 feet of frontage on one side or 300 feet collectively on both sides of a highway.
(Neb. RS 60-613)
HIGHWAY. The entire width between the boundary limits of any street, road, avenue, boulevard or way which is publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
(Neb. RS 60-624)
MANUAL. The Manual on Uniform Traffic-Control Devices adopted by the Department of Roads pursuant to Neb. RS 60-6,118.
(Neb. RS 60-631)
MOTOR VEHICLE. Every self-propelled land vehicle, not operated upon rails, except bicycles, mopeds, self-propelled chairs used by persons who are disabled and electric personal assistive mobility devices.
(Neb. RS 60-638)
PEACE OFFICER.
(1) The Village Marshal or other chief law enforcement official, any village police officer or any other person authorized to enforce village ordinances.
(2) With respect to directing traffic only, PEACE OFFICER shall also include any person authorized to direct or regulate traffic.
(Neb. RS 60-646)
RESIDENTIAL DISTRICT. The territory contiguous to and including a highway not comprising a business district when the property on such highway for a distance of 300 feet or more is in the main improved with residences or residences and buildings in use for business.
(Neb. RS 60-654)
ROADWAY. The portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. If a highway includes two or more separate roadways, the term ROADWAY shall refer to any such roadway separately, but not to all such roadways collectively.
(Neb. RS 60-656)
SCHOOL CROSSING ZONE. The area of a roadway designated to the public by the Board of Trustees as a school crossing zone through the use of a sign or traffic-control device as specified by the Board in conformity with the Manual, but does not include any area of a freeway. A SCHOOL CROSSING ZONE starts at the location of the first sign or traffic-control device identifying the school crossing zone and continues until a sign or traffic-control device indicates that the school crossing zone has ended.
(Neb. RS 60-658.01)
SHOULDER. The part of the highway contiguous to the roadway and designed for the accommodation of stopped vehicles, for emergency use and for lateral support of the base and surface courses of the roadway.
(Neb. RS 60-661)
TRAFFIC. Pedestrians, ridden or herded animals and vehicles and other conveyances either singly or together while using any highway for purposes of travel.
(Neb. RS 60-669)
TRAFFIC-CONTROL DEVICE. Any sign, signal, marking or other device not inconsistent with the state’s Rules of the Road placed or erected by authority of the Board of Trustees or any official having jurisdiction for the purpose of regulating, warning or guiding traffic.
(Neb. RS 60-670)
TRAFFIC-CONTROL SIGNAL. Any signal, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.
(Neb. RS 60-671)
TRAFFIC INFRACTION. The violation of any provision of the state’s Rules of the Road or of any law, ordinance, order, rule or regulation regulating traffic which is not otherwise declared to be a misdemeanor or a felony or, in this title, an offense.
(Neb. RS 60-672)
VEHICLE. Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved solely by human power or used exclusively upon stationary rails or tracks.
(Neb. RS 60-676)
(1995 Code, § 5-101)
(A) The Board of Trustees shall place and maintain such traffic-control devices upon highways under its jurisdiction as it deems necessary to indicate and to carry out the provisions of this title or to regulate, warn or guide traffic. All such traffic-control devices erected pursuant to this title shall conform with the Manual.
(Neb. RS 60-6,121) (1995 Code, § 5-108)
(B) Every person operating any vehicle shall upon approaching any stop sign erected in accordance with the resolution prescribed heretofore, cause such vehicle to come to a complete stop before entering or crossing any street, highway or railroad crossing. The vehicle operator shall stop at a marked stop line or if there is no stop line, before entering the crosswalk, but if neither is indicated, then as near the right-of-way line of the intersection roadway as possible.
(C) It shall be unlawful for any person to willfully deface, injure, remove, obstruct or interfere with any official traffic sign or signal.
(1995 Code, § 5-202) Penalty, see § 70.99
Statutory reference:
Related provisions, see Neb. RS 60-680, 60-6,112 through 60-6,121, 60-6,129
(A) Generally.
(1) All peace officers are hereby specifically directed and authorized and it shall be deemed and considered a part of the official duties of each of such officers to enforce the provisions of the state’s Rules of the Road and this title, including the specific enforcement of maximum speed limits, and any other state or village law regulating the operation of vehicles or the use of the highways.
(2) To perform the official duties imposed by this section, peace officers shall have the power:
(a) To make arrests upon view and without warrant for any violation committed in their presence of any of the provisions of the Motor Vehicle Operator’s License Act or this title or of any other law regulating the operation of vehicles or the use of the highways, if and when designated or called upon to do so as provided by law;
(b) To make arrests upon view and without warrant for any violation committed in their presence of any provision of the laws of this state relating to misdemeanors or felonies or of similar village ordinances if and when designated or called upon to do so as provided by law;
(c) At all times to direct all traffic in conformity with law or, in the event of a fire or other emergency or in order to expedite traffic or ensure safety, to direct traffic as conditions may require;
(d) When in uniform, to require the driver of a vehicle to stop and exhibit his or her operator’s license and registration certificate issued for the vehicle and submit to an inspection of such vehicle and the license plates and registration certificate for the vehicle and to require the driver of a motor vehicle to present the vehicle within five days for correction of any defects revealed by such motor vehicle inspection as may lead the inspecting officer to reasonably believe that such motor vehicle is being operated in violation of the statutes of the state, the rules and regulations of the Director of Motor Vehicles or any village ordinance or regulation;
(e) To inspect any vehicle of a type required to be registered according to law in any public garage or repair shop or in any place where such a vehicle is held for sale or wrecking;
(f) To serve warrants relating to the enforcement of the laws regulating the operation of vehicles or the use of the highways; and
(g) To investigate traffic accidents for the purpose of carrying on a study of traffic accidents and enforcing motor vehicle and highway safety laws.
(Neb. RS 60-683) (Prior Code, §§ 5-218, 5-219)
(B) Failure or refusal to obey order.
(1) Any person who knowingly fails or refuses to obey any lawful order of any peace officer who is controlling or directing traffic shall be guilty of a traffic infraction.
(2) Any person who knowingly fails to obey any lawful order of a peace officer shall be guilty of an offense whenever such order is given in furtherance of the apprehension of a person who has violated the state’s Rules of the Road or this title or of a person whom such officer reasonably believes has violated the Rules or this title.
(Neb. RS 60-6,110) (1995 Code, § 5-224)
(C) Obedience to traffic-control devices; exceptions.
(1) The driver of any vehicle shall obey the instructions of any traffic-control device applicable thereto placed in accordance with the state’s Rules of the Road or this title, unless otherwise directed by a peace officer, subject to the exceptions granted the driver of an authorized emergency vehicle in the Rules and this title.
(2) No provision of the Rules or this title for which traffic-control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible to be seen by a reasonably observant person. Whenever any provision of the Rules or this title does not state that traffic-control devices are required, such provision shall be effective even though no devices are erected or in place.
(3) Whenever traffic-control devices are placed in position approximately conforming to the requirements of the Rules or this title, such devices shall be presumed to have been so placed by the official act or direction of lawful authority unless the contrary is established by competent evidence.
(4) Any traffic-control device placed pursuant to the Rules or this title and purporting to conform with the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of the Rules or this title unless the contrary is established by competent evidence.
(Neb. RS 60-6,119)
(D) Authorized emergency vehicles; privileges.
(1) Subject to the conditions stated in the state’s Rules of the Road and this title, the driver of an authorized emergency vehicle, when responding to an emergency call, when pursuing an actual or suspected violator of the law, or when responding to but not when returning from a fire alarm, may:
(a) Stop, park or stand, irrespective of the provisions of the Rules and this title, and disregard regulations governing direction of movement or turning in specified directions; and
(b) Except for wreckers towing disabled vehicles and highway maintenance vehicles and equipment:
1. Proceed past a steady red indication, a flashing red indication or a stop sign, but only after slowing down as may be necessary for safe operation; and
2. Exceed the maximum speed limits so long as he or she does not endanger life, limb or property.
(2) Except when operated as a police vehicle, the exemptions granted in division (D)(1) above shall apply only when the driver of such vehicle, while in motion, sounds an audible signal by bell, siren or exhaust whistle as may be reasonably necessary and when such vehicle is equipped with at least one lighted light displaying a red light visible under normal atmospheric conditions from a distance of 500 feet to the front of such vehicle.
(3) The exemptions granted in division (D)(1) above shall not relieve the driver from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect such driver from the consequences of his or her reckless disregard for the safety of others.
(4) Authorized emergency vehicles operated by police and fire departments shall not be subject to the size and weight limitations of sections Neb. RS 60-6,288 to 60-6,290 and 60-6,294.
(Neb. RS 60-6,114)
(E) Traffic officers. The Board of Trustees or the village police may at any time detail officers, to be known as “traffic officers”, at street intersections. All traffic officers shall be vested with the authority to regulate and control traffic at the intersections to which they are assigned. It shall be their duty to direct the movement of traffic and prevent congestion and accidents. It shall be unlawful for any person to violate any order or signal of any such traffic officer notwithstanding the directive of a stop sign or signal device that may have been placed at any such intersection.
(1995 Code, § 5-221) Penalty, see § 70.99
Statutory reference:
Motor Vehicle Operator’s License Act, see Neb. RS 60-462
Except as otherwise provided in this chapter, any person who shall violate or refuse to comply with the enforcement of any of the provisions of this title, set forth at full length herein or incorporated by reference shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined not more than $500 for each offense. A new violation shall be deemed to have been committed every 24 hours of failing to comply.
(Ord. 91, passed 7-13-2016)