(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 City Council 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 City 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.
(E) For any handicapped parking citation issued for a handicapped parking infraction by reason of the failure of a vehicle to display a handicapped parking permit issued, the complaint shall be dismissed, if, within seven business days after the date of issuance of the citation, the person cited files with the court the affidavit included on the citation, signed by a peace officer certifying that the recipient is the lawful possessor in his or her own right of a handicapped parking permit issued under Neb. RS 18-1738 or 18-1738.01, and that the peace officer has personally viewed the permit.
(Prior Code, § 5-629.01) (Ord. 580, passed 6-14-1994; Ord. 656, passed 7-22-1997)
Statutory reference:
Similar provisions, see Neb. RS 18-1741.01, 18-1741.04 and 18-1741.06