CHAPTER 5: TRAFFIC REGULATIONS
   Article
      1.   DEFINITIONS
      2.   MUNICIPAL TRAFFIC REGULATIONS
      3.   PROHIBITIONS AND ENFORCEMENT
      4.   PARKING
      5.   OPERATOR AND VEHICLE QUALIFICATIONS
      6.   MOTORCYCLES, MOPEDS, MINIBIKES, GO-KARTS, ELECTRIC SCOOTERS AND SKATEBOARDS WITH MOTORS
      7.   SNOWMOBILES
      8.   SNOW EMERGENCIES
      9.   ABANDONED VEHICLES
      10.   TRAFFIC-CONTROL MAP
      11.   PENAL PROVISIONS
ARTICLE 1: DEFINITIONS
Section
   5-101   Definitions
§ 5-101  DEFINITIONS.
   The words and phrases used in this chapter, pertaining to motor vehicles and traffic regulations, shall be construed as defined in Neb. RS Ch. 60, as now existing or hereafter amended, unless defined otherwise in this section. If not defined in the designated statute, nor in this section, the word or phrase shall have its common meaning.
   ABANDONED VEHICLE. Any presumptively abandoned vehicle for which the notices of right of redemption prescribed by this chapter have been given and which has not been redeemed by the owner within the redemption period prescribed by this chapter.
   ALLEY. A street or highway intended to provide access to the rear or side of lots or buildings and not intended for the purpose of through vehicular traffic.
   ALLEY ENTRANCE. The extension of the alley from the lot line to the street curb line; or, if no curb line exists, from the lot line to the edge of the traveled portion of the street.
   AREAS. Particular locations within the city declared by the governing body for parking.
   BUSINESS DISTRICT. The portion of the municipality embraced within, and the area of public streets as designated by resolution of the City Council.
   CONGESTED DISTRICT. The following portions of streets and alleys in the municipality as designated by resolution of the City Council.
   CURB. The lateral boundaries of that portion of a street designated for the use of vehicles, whether marked by curb stones or not so marked.
   DRIVER or OPERATOR. The person operating any motor vehicle.
   FREIGHT VEHICLES. Any motorized vehicle which is specifically designed to carry and transport freight or cargo for the purpose of delivering and unloading of freight or cargo.
   INTERSECTION or STREET INTERSECTION.
      (1)   The area embraced within the prolongation or connection of the lateral curb lines or, if none, then the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.
      (2)   Where a highway includes two roadways 30 feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate INTERSECTION. In the event such intersecting highway also includes two roadways 30 feet or more apart, then every crossing of two roadways of such highways shall be regarded as a separate INTERSECTION.
   MOTOR VEHICLE. Any vehicle propelled by a power other than muscle power, except railway trains running upon their own tracks, and motor powered equipment equipped with motors not more than 18 horsepower, used for the removal of snow or for cleaning sidewalks.
   PARK or PARKING. The standing of a vehicle, whether occupied or not, upon a street, alley, public way or public owned or operated parking facility, or other public area, otherwise than temporarily for the purpose of and while actually engaged in the loading or unloading, or in obedience to traffic regulations or traffic signs or signals.
   PRESUMPTIVELY ABANDONED VEHICLE. Any vehicle left on any street, city property or private property for more than the period of time prescribed in this chapter. Any vehicle left partially on any street or city property and partially on private property shall be deemed to be on such street or city property.
   PRIVATE DRIVEWAY. Every road or driveway not open to the use of the public for the purposes of vehicular traffic.
   PULL CAMPER. Every vehicle without motorized power designed for living quarters.
   ROADWAY. The portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways, the term ROADWAY, as used herein, shall refer to any such roadway separately, but not to all such roadways collectively.
   SELF-PROPELLED MOBILE HOME. A vehicle with motive power designed for living quarters.
   SEMI-TRAILER. Every vehicle, without motive power, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by the towing vehicle.
   SIDEWALK SPACE. The portion of a street between the curb line and the adjacent property line.
   STOP. A complete cessation of movement.
   STREET or HIGHWAY. The entire width between the boundary lines of every way publicly maintained when any part thereof is open to use of the public for purposes of vehicular travel.
   TERRACE. The space of each side of the street between the property line and the curb line.
   TRAILER. Every vehicle without motive power carrying persons or property and being pulled by a motorized vehicle.
   TRUCK. A motor vehicle designed primarily to transport freight, cargo, farm goods or farm equipment or a motor vehicle equipped or used primarily to carry anything other than passengers.
   TRUCK-TRACTOR. Every motor vehicle designed or used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and a load being drawn.
   VEND or VENDING. The offering of prepared food products, including, but not limited to, frozen dairy products, ice flavored with syrup, confectionary, sandwiches or soft drinks for sale from a vehicle on the roadways of the city.
   VENDING VEHICLE. Every vehicle in which prepared foods, including, but not limited to, frozen dairy products, ice flavored with syrup, confectionary, sandwiches or soft drinks are carried for purposes of retail sale on the roadways of the city.
(2005 Code, § 5-101)
ARTICLE 2: MUNICIPAL TRAFFIC REGULATIONS
Section
   5-201   Automatic lights and signals
   5-202   Right turn on red
   5-203   Truck routes
   5-204   One-way traffic
   5-205   Traffic lanes; designation
   5-206   Arterial streets; designation
   5-207   Turning; “U” turns; hand signals; cautious
   5-208   Right-of-way; overtaken vehicles; slow moving vehicles; emergency vehicles
   5-209   Position of vehicle on highway; generally; passing
   5-210   Moving stopped vehicle
   5-211   Crosswalks
   5-212   Signs, signals generally
   5-213   Stop signs
   5-214   Flashing signals
§ 5-201  AUTOMATIC LIGHTS AND SIGNALS.
   (A)   No vehicle shall turn at any intersection where an automatic signal system is in operation, except when such signal system is displaying a green light; provided, vehicles may turn on a red signal when in compliance with the provisions of this article governing such turns. No vehicle shall be turned so as to proceed in the opposite direction at any intersection where an automatic signal system is in operation.
(2005 Code, § 5-201)
   (B)   (1)   Automatic stop lights or signals shall be established at such places as designated by ordinance as shown on the Traffic-Control Map of the Mayor and City Council. At each intersection where an automatic signal system is in operation, all vehicular and pedestrian traffic crossing such street intersection shall be governed by such automatic signal system. Vehicular traffic facing a green signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn, but traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.
      (2)   Traffic facing a green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by such arrow, or such other movement as is permitted by other indications shown at the same time, and such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.
      (3)   Unless otherwise directed by a pedestrian-control signal, pedestrians facing any green arrow may proceed across the roadway within any marked or unmarked crosswalk.
      (4)   Traffic facing a steady yellow signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection and, upon display of a steady yellow signal, vehicular traffic shall stop before entering the nearest crosswalk at the intersection, but, if such stop cannot be made in safety, a vehicle may be driven cautiously through the intersection.
      (5)   Pedestrians facing a steady yellow signal, unless otherwise directed by a pedestrian-control signal, are thereby advised that there is insufficient time to cross the roadway before a red indication is shown and no pedestrian shall then start to cross the roadway.
      (6)   Vehicular traffic facing a steady red signal alone shall stop at a clearly-marked stop line, but, if there is no such line, then before entering the crosswalk on the near side of the intersection, or if there is no crosswalk then before entering the intersection and shall remain standing until an indication to proceed is shown, except as provided in § 5-202 of this article.
      (7)   It shall be unlawful for any person to violate any such signal.
(2005 Code, § 5-202)
§ 5-202  RIGHT TURN ON RED.
   Except where a traffic-control device is in place prohibiting a turn, vehicles facing a steady red signal may cautiously enter the intersection to make a right turn after stopping. Such turning vehicle shall yield the right-of-way to pedestrians lawfully within the adjacent crosswalk and to other vehicular traffic lawfully using the intersection. The governing body of the municipality has the authority to prohibit turning right on red at any intersection within the municipality where it deems such a prohibition necessary; provided, those intersections where turning right on red is prohibited shall bear signs to that effect placed and printed in such a manner so as to be conspicuous from a vehicle about to enter the intersection.
(2005 Code, § 5-203)
§ 5-203  TRUCK ROUTES.
   The governing body may, by ordinance as shown on the Traffic-Control Map, designate certain streets in the municipality that trucks shall travel upon, and it shall be unlawful for persons operating such trucks to travel on other streets than those designated for trucks, unless to pick up or deliver goods, wares, or merchandise, and in that event, the operator of such truck shall return to such truck routes as soon as possible in traveling through, or about the municipality. The governing body shall cause notices to be posted or shall erect signs indicating the streets so designated as truck routes.
(2005 Code, § 5-204)
§ 5-204  ONE-WAY TRAFFIC.
   The governing body may, by ordinance as shown on the Traffic-Control Map, provide for one-way travel in any street or alley located in the municipality and shall provide for appropriate signs and markings when said streets have been so designated by resolution.
(2005 Code, § 5-205)
§ 5-205  TRAFFIC LANES; DESIGNATION.
   The governing body may designate the marking of lanes for traffic on street pavements at such places as it may deem advisable.
(2005 Code, § 5-206)
§ 5-206  ARTERIAL STREETS; DESIGNATION.
   The governing body may, by resolution, designate any street or portion thereof as an arterial street and shall provide for appropriate signs or markings when such street has been so designated.
(2005 Code, § 5-207)
§ 5-207  TURNING; “U” TURNS; HAND SIGNALS; CAUTIOUS.
   (A)   No vehicle shall be turned so as to proceed in the opposite direction, except at a street intersection. No vehicle shall be turned so as to proceed in the opposite direction at any intersection where an automatic signal is in operation, or where a sign is posted indicating that “U” turns are prohibited.
(2005 Code, § 5-208)
   (B)   (1)   A signal of intention to turn right or left shall be given continuously during not less than the last 100 feet traveled by the vehicle before turning. The signals herein required shall be given either by means of the hand and arm, or by a signal device of a type approved by the Department of Roads. The hand and arm signals herein required shall be given from the left side of the vehicle in the following manner:
         (a)   Stop or decreased speed: hand and arm extended downward;
         (b)   Left turn: hand and arm extended horizontally; and
         (c)   Right turn: hand and arm extended upward.
      (2)   No left turn shall be made by the driver or operator of any vehicle traveling on Fourth Avenue at the intersections thereof with East Avenue and West Avenue. No left turns shall be made by the driver or operator of any vehicle from streets on which vehicle is traveling at any intersection therewith at which are placed “NO LEFT TURN” signs facing the direction from which such driver is approaching.
(2005 Code, § 5-209)
   (C)   Vehicles turning to the right into an intersecting street shall approach such intersection in the lane of traffic nearest to the right hand side of the highway and must turn the corner as near the right hand curb as possible to keep between the curb to the right and the center of the intersection of the two streets. The driver of a vehicle intending to turn to the left shall approach such centerline of the highway, and in turning shall pass as near as possible to the center of the intersection, passing as closely as practicable to the right thereof before turning such vehicle to the left. For the purposes of this section, the CENTER OF THE INTERSECTION shall mean the meeting point of the medial lines of the highways intersecting one another.
(2005 Code, § 5-210)
   (D)   The operator of a vehicle shall, before stopping, turning or changing the course of such vehicle, see that there is sufficient space to make such movement in safety. If any pedestrian might be affected by such movement, the operator shall give a clearly audible signal by sounding the horn and, whenever the operation of any other vehicle may be affected by such movement, he or she shall give some unmistakable signal to the driver of all other vehicles of his or her intention to make such movement.
(2005 Code, § 5-211)
§ 5-208  RIGHT-OF-WAY; OVERTAKEN VEHICLES; SLOW MOVING VEHICLES; EMERGENCY VEHICLES.
   (A)   (1)   In crossing an intersection of streets, the driver of a vehicle shall at all times cause such vehicle to travel on the right half of the highway unless such right half is obstructed or impassable.
      (2)   When two vehicles approach or enter an intersection at approximately the same time, the driver of the vehicle on the left shall allow the right-of-way to the approaching vehicle on the right, except as otherwise provided in subsection (A)(3) below. The driver of any vehicle traveling at an unlawful speed shall forfeit any right-of-way which he or she might otherwise have hereunder.
      (3)   The driver of the vehicle approaching, but not having entered, an intersection shall yield the right-of-way to a vehicle within such intersection and turning therein to the left across the line of travel of such first mentioned vehicle; provided that, the driver of the vehicle turning left has given a plainly visible signal of intention to turn.
      (4)   The driver of any vehicle upon a street or alley within a congested or residential district shall allow the right-of-way to a pedestrian crossing such street or alley within any regular pedestrian crossing included in the prolongation of the lateral boundary line of the adjacent sidewalk at the end of the block, except at intersections where the movement of traffic is being regulated by a traffic officer or traffic regulation devices. Every pedestrian crossing a street or alley within a congested or residential district at any point other than a pedestrian crossing, crosswalk or intersections shall yield the right-of- way to vehicles on the streets or alleys.
      (5)   The driver of a vehicle emerging from an alley, driveway, private road or building shall stop such vehicle immediately before driving onto a sidewalk or onto the sidewalk area extending across such alley, driveway, road or building entrance, and shall yield the right-of-way to any pedestrian approaching on any sidewalk extending across such alley, driveway, road or building entrance. Before entering the highway, he or she shall yield the right-of-way to all vehicles approaching on such highway.
      (6)   The driver of a vehicle upon any street or alley shall yield the right-of-way to Police or Fire Department vehicles, emergency unit vehicles or any other emergency vehicle when the latter are operated upon official business and the drivers thereof sound an audible signal by bell, siren or exhaust whistle. This provision shall not operate to relieve the driver of a Police or Fire Department vehicle, emergency unit vehicle or any other emergency vehicle from the duty to drive with due regard for the safety of all persons using the streets or alleys, nor shall it protect the driver of any such vehicle from the consequences of an arbitrary exercise of such right-of-way.
      (7)   The driver of a vehicle who intends to turn to the left within an intersection or into an alley, private road or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or approaching so close as to constitute an immediate hazard.
      (8)   Competent authority may provide for preferential right-of-way at an intersection and indicate such by stop signs or yield signs erected by such authorities.
      (9)   Except when directed to proceed by a police officer or a traffic-control signal, every driver of a vehicle approaching an intersection where a stop is indicated by a stop sign shall stop at a clearly marked stop line, but, if there is no such line, before entering the crosswalk on the near side of the intersection or, if no crosswalk is indicated, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection. After having stopped, such driver shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on such highway as to constitute an immediate hazard if such driver moved across or into such intersection.
      (10)   The driver of a vehicle approaching a yield sign shall slow to a speed reasonable under the existing conditions and, if required for safety to stop, shall stop at a clearly marked stop line, but, if there is no such line, before entering the crosswalk on the near side of the intersection or, if no crosswalk is indicated, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway. After slowing or stopping, such driver shall yield the right-of-way to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard as if such driver moved across or into such intersection.
      (11)   No person shall move a vehicle which is stopped, standing or parked without yielding the right-of-way to all other vehicles and pedestrians affected by such movement and in no event until such movement can be made with reasonable safety.
(2005 Code, § 5-212)
   (B)   The driver of a vehicle about to be overtaken and passed by another vehicle approaching from the rear shall give way to the right in favor of the overtaking vehicle.
(2005 Code, § 5-213)
   (C)   Vehicles moving slowly shall keep as close as possible to the curb on the right, allowing more swiftly moving vehicles free passage to their left. Vehicles in motion shall be kept between the curb at the right and the center of the street.
(2005 Code, § 5-214)
   (D)   (1)   Upon the approach of any authorized emergency vehicle, every vehicle within one block of the route of such emergency vehicle shall immediately stop, except at the time they are on or crossing a street intersection, in which event, such vehicle shall drive clear of the street intersection and then stop.
      (2)   Every vehicle along the route of such emergency vehicle shall immediately move to a position as near the right hand curb as possible and remain there until such authorized emergency vehicle or vehicles have passed; provided, said vehicles are operated on official business and the drivers thereof make use of proper visual or audible signals.
(2005 Code, § 5-215)
§ 5-209  POSITION OF VEHICLE ON HIGHWAY; GENERALLY; PASSING.
   (A)   (1)   Upon all highways of sufficient width, one-way streets excepted, the driver of a vehicle shall drive the same on the right half of the roadway.
      (2)   In passing or meeting other vehicles, drivers shall give each other at least one-half of the main traveled portion of the roadway.
(2005 Code, § 5-216)
   (B)   A vehicle shall not be driven to the left of the centerline of the highway in overtaking or passing another vehicle proceeding in the same direction, unless such left side is clearly visible and free from oncoming traffic for a sufficient distance to permit such overtaking and passing to be made in safety.
(2005 Code, § 5-217)
§ 5-210  MOVING STOPPED VEHICLE.
   Before backing, ample warning shall be given and while backing, unceasing vigilance must be exercised not to injure those behind. The driver of a parked vehicle about to back shall give moving vehicles the right-of-way.
(2005 Code, § 5-218)
§ 5-211  CROSSWALKS.
   (A)   Crosswalks are hereby established at all intersections of streets in the city in the area between the prolongation or extension of the property lines and the curb lines (or if no curbs are in place, then the edge of the graded roadway in lieu thereof).
   (B)   Crosswalks may also be established at such schools, churches and other places as may from time to time be designated as a crosswalk by resolution of the Mayor and City Council. Notice of each such crosswalk shall be given by signs, marking on the street surface or other appropriate method to advise pedestrians and the operators of vehicles of the presence of such crosswalk.
   (C)   At any place where traffic-control signals or pedestrian control signals are operating, no pedestrian or the operator of any vehicle shall cross such streets, except as directed by and in accordance with such signals.
   (D)   Where traffic-control signals or pedestrian-control signals are not operating, pedestrians in or entering any crosswalk shall have the right-of-way over the operator of any vehicle at all such crosswalks. The operator of any vehicle shall stop before entering any crosswalk which a pedestrian is entering or crossing, and shall yield the right-of-way to such pedestrian; and the operator of any vehicle shall stop before entering any crosswalk when any vehicle proceeding in the same direction is stopped at such crosswalk for the purpose of permitting a pedestrian to cross.
(2005 Code, § 5-219)
§ 5-212  SIGNS, SIGNALS GENERALLY.
   The governing body may, by ordinance as shown on the Traffic-Control Map, provide for the placing of stop signs, or other signs, signals, standards or mechanical devices in any street or alley under the municipality’s jurisdiction for the purpose of regulating, or prohibiting traffic thereon. The Traffic- Control Map shall show the portion of the street or alley wherein traffic is to be regulated or prohibited; the regulation or prohibition; the location where such sign, signal, standard or mechanical device shall be placed; and the hours when such regulation or prohibition shall be effective. It shall be unlawful for any person to fail, neglect or refuse to comply with such regulation or prohibition.
(2005 Code, § 5-220)
§ 5-213  STOP SIGNS.
   Every person operating any vehicle shall, upon approaching any stop sign erected in accordance with § 5-212 of this article, 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 intersecting roadway as possible.
(2005 Code, § 5-221)
§ 5-214  FLASHING SIGNALS.
   Whenever an illuminated flashing red or yellow signal is used in a traffic sign or signal, it shall require obedience by vehicular traffic as follows.
   (A)   When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop at a clearly-marked stop line, but if there is no such line then before entering the crosswalk on the near side of the intersection or, if there is no crosswalk, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign.
   (B)   When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution “and in accordance with regulatory sign(s)”.
(2005 Code, § 5-222)
ARTICLE 3: PROHIBITIONS AND ENFORCEMENT
Section
   5-301   Littering
   5-302   Glass; pointed objects
   5-303   Signs; defacing or interfering with; unauthorized display
   5-304   Quiet zones; unnecessary noise
   5-305   Speed limits; near schools; electronic detector
   5-306   Reckless driving; willful
   5-307   Careless driving
   5-308   Backing
   5-309   Unnecessary stopping
   5-310   Passing; intersections; hindrance
   5-311   Driving abreast
   5-312   Following; distance; fire apparatus
   5-313   Funeral processions
   5-314   Crowding; front seat
   5-315   Dragging; rope, chain
   5-316   Riding; outside vehicle
   5-317   Clinging to motor vehicles
   5-318   Driving in sidewalk space
   5-319   Vehicle; muffler
   5-320   Emergency regulations
   5-321   Police; enforcement; refusal to obey; traffic officers
   5-322   Driving past barricades
   5-323   Machines; injury to pavement
   5-324   Heavy equipment; protecting public ways
   5-325   Traffic citations; form and records
   5-326   Engine brakes; definitions; use prohibited; penalties
§ 5-301  LITTERING.
   It shall be unlawful for any person to drop, or cause to be left, upon any municipal highway, street or alley, except at places designated by the governing body, any rubbish, debris or waste, and any person so doing shall be guilty of littering.
(2005 Code, § 5-301)
§ 5-302  GLASS; POINTED OBJECTS.
   No person shall throw, cast, lay or place upon any street any thorns, nails, tacks, glass, bottles, window glass or other articles made of, or containing, glass and, in case of an accident causing the breaking of any glass upon any street, the owner or person in charge of such glass, or the person responsible for such breakage, shall at once remove, or cause the same to be removed, from the street.
(2005 Code, § 5-302)
§ 5-303  SIGNS; DEFACING OR INTERFERING WITH; UNAUTHORIZED DISPLAY.
   (A)   It shall be unlawful for any person to willfully deface, injure, remove, obstruct or interfere with any official traffic sign or signal.
(2005 Code, § 5-303)
   (B)   It shall be unlawful for any person to maintain or display upon, or in view of any street, any unofficial sign, signal or device which purports to be, is an imitation of, or resembles an official traffic sign or signal which attempts to direct the movement of traffic, or which hides from view, or interferes with the effectiveness of any official sign or signal. Every such prohibited sign, signal or device is hereby declared to be a public nuisance, and any police officer is hereby empowered to remove the same, or cause it to be removed, without notice.
(2005 Code, § 5-304)
§ 5-304  QUIET ZONES; UNNECESSARY NOISE.
   The governing body, by resolution, may declare any streets, or portions thereof, lying within 300 feet of any hospital, nursing home or school, as “quiet zones”, and no driver of any vehicle shall within such zones, make any unnecessary noise or sound the horn or other warning device, of such vehicle, except in an emergency.
(2005 Code, § 5-305)
§ 5-305  SPEED LIMITS; NEAR SCHOOLS; ELECTRONIC DETECTOR.
   (A)   (1)   No person shall drive a motor vehicle on any street within the city at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing, nor in any case at a rate of speed greater than the maximum speed established for such place by ordinance of the Mayor and Council as shown on the Traffic-Control Map or as authorized by an agency of the state. Any person shall decrease speed when approaching and crossing an intersection or railroad grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway or when special hazards exist with respect to pedestrians or other traffic by reason of weather or highway conditions; and speed shall be decreased as may be necessary to avoid colliding with any person or vehicle on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.
      (2)   The Mayor and Council may, from time to time by ordinance as identified on the Traffic- Control Map, designate a maximum speed limit for all or any part of any street, alley or other public way. Notice of such speed limits shall be given by signs, marking on the street surface or other appropriate method to advise operators of vehicles of same.
      (3)   On all streets, alleys and other public ways for which the Mayor and Council has not established a different speed limit, the maximum lawful speed limit shall be that which is established by law for the state.
(2005 Code, § 5-306)
   (B)   The governing body may, by resolution, designate certain streets near schools as school zones, and may make it unlawful to drive any motor vehicle at a rate of speed greater than 15 mph in those zones. Such school zones shall be posted accordingly.
(2005 Code, § 5-307)
   (C)   (1)   The speed of any motor vehicle within the municipality may be determined by the use of radio microwaves or other electronic device. The results of such determinations shall be accepted as prima facie evidence of the speed of such motor vehicle in any court, or legal proceedings, where the speed of the motor vehicle is at issue.
      (2)   The driver of any such motor vehicle may be arrested without a warrant under the authority herein granted if the arresting officer is in uniform or displays his or her badge of authority; provided that, such officer shall have observed the recording of the speed of such motor vehicle by the radio microwaves, or other electronic device or had received a radio message from the officer who observed the speed of the motor vehicle recorded by the radio microwaves or other electronic device. In the event of an arrest based on such a message, such radio message must have been dispatched immediately after the speed of the motor vehicle had been recorded, and must include a description of the vehicle and the recorded speed.
(2005 Code, § 5-308)  (Ord. 755, passed - -)
Statutory reference:
   Related provisions, see Neb. RS 60-6,190
§ 5-306  RECKLESS DRIVING; WILLFUL.
   (A)   It shall be unlawful for any person to drive recklessly within the city. Any person who drives any motor vehicle in such a manner as to indicate an indifferent or wanton disregard for the safety of persons or property shall be deemed to be guilty of reckless driving.
(2005 Code, § 5-310)
   (B)   It shall be unlawful for any person to drive in a willful reckless manner. Any person who drives any motor vehicle in such a manner as to indicate a willful disregard for the safety of persons, or property shall be deemed to be guilty of willful, reckless driving.
(2005 Code, § 5-311)
§ 5-307  CARELESS DRIVING.
   It shall be unlawful for any person to drive in a careless manner. Any person who drives any motor vehicle in the municipality carelessly or without due caution so as to endanger a person or property shall be guilty of careless driving.
(2005 Code, § 5-312)
§ 5-308  BACKING.
   It shall be unlawful for any person to back a motor vehicle on the municipal streets, except to park in or to remove the vehicle from a permitted parking position, to move the vehicle from a driveway, or to back to the curb for unloading where such unloading is permitted; provided, a vehicle shall be backed only when such movement can be made in safety and in no case shall the distance of the backing exceed one and one-half lengths of the vehicle.
(2005 Code, § 5-313)
§ 5-309  UNNECESSARY STOPPING.
   It shall be unlawful for any person to stop any vehicle on any public street or alley so as to obstruct traffic so that other cars cannot easily pass the stopped vehicle, other than in permitted parking areas, except when such a stop is necessary for emergency situations, to comply with traffic-control devices and regulations or to yield the right-of-way to pedestrians or to other vehicles.
(2005 Code, § 5-314)
§ 5-310  PASSING; INTERSECTIONS; HINDRANCE.
   (A)   The driver of a vehicle shall not overtake and pass another vehicle proceeding in the same direction, while traversing a street intersection, if such passing requires such overtaking vehicle to drive to the left of the center of the street.
(2005 Code, § 5-315)
   (B)   The driver of a vehicle about to be overtaken and passed by another vehicle shall not increase the speed of his or her vehicle until completely passed by the overtaking vehicle.
(2005 Code, § 5-316)
§ 5-311  DRIVING ABREAST.
   Two or more vehicles shall not be driven abreast, except when passing, or when traversing a multi- lane or one-way street; provided, motorcycles may be driven no more than two abreast in a single lane.
(2005 Code, § 5-317)
§ 5-312  FOLLOWING; DISTANCE; FIRE APPARATUS.
   (A)   The operator of a vehicle shall not follow another vehicle more closely than is reasonable and prudent having due regard for the speed of the vehicles and the traffic and condition of the street.
(2005 Code, § 5-318)
   (B)   The driver of any vehicle shall not follow any fire apparatus traveling in response to a fire alarm closer than 500 feet, or drive into, or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm.
(2005 Code, § 5-319)
§ 5-313  FUNERAL PROCESSIONS.
   No vehicle, except police vehicles, Fire Department vehicles, when responding to emergency calls or orders in their several departments, ambulances responding to emergency calls or vehicles carrying United States mail shall be driven through a funeral procession or cortege, except with the permission of a police officer.
(2005 Code, § 5-320)
§ 5-314  CROWDING; FRONT SEAT.
   No person shall drive a motor vehicle when it is so loaded, or when there is in the front seat such a number of persons, exceeding three, as to obstruct the view of the driver to the front or sides of the vehicle or to interfere with the driver’s control over the driving mechanism of such vehicle.
(2005 Code, § 5-321)
§ 5-315  DRAGGING; ROPE, CHAIN.
   No person shall permit any rope, strap, chain or other article to drop behind any vehicle in use on the streets, except persons operating vehicles transporting gasoline, benzene or other flammable materials or persons operating towing vehicles.
(2005 Code, § 5-322)
§ 5-316  RIDING; OUTSIDE VEHICLE.
   (A)   No person shall permit any other person to ride on the running board, hood, top or fenders of any motor vehicle and allow anyone under the age of 18 to ride in the bed of a pickup. Nor shall any person ride on the running board, hood, top or fenders of any motor vehicle and anyone under the age of 18 to ride in the bed of a pickup.
   (B)   Fire trucks, garbage trucks and participants of a parade are exceptions to this section.
(2005 Code, § 5-323)
§ 5-317  CLINGING TO MOTOR VEHICLES.
   No person riding upon any bicycle, roller skates, sled, skateboard or scooter shall attach the same or himself or herself to any moving vehicle upon any roadway, and it shall be unlawful for the driver of any vehicle to suffer or permit any person traveling upon any bicycle or roller skates to cling to or attach himself or herself or his or her bicycle, roller skates, sled, skateboard or scooter to such vehicle so driven and operated by him or her.
(2005 Code, § 5-324)
§ 5-318  DRIVING IN SIDEWALK SPACE.
   No motor vehicle or livestock shall be driven, ridden or parked on or within any sidewalk space, except a permanent or temporary driveway and for snow removal.
(2005 Code, § 5-325)
§ 5-319  VEHICLE; MUFFLER.
   (A)   Every motor vehicle operated within the municipality shall be provided with a muffler in good working order to prevent excessive or unusual noise or smoke.
   (B)   No person shall modify or change the exhaust muffler, intake muffler or any other noise abatement device of a motor vehicle in a manner such that the noise emitted by the motor vehicle is increased above that emitted by the vehicle as originally manufactured.
   (C)   It shall be unlawful to use a “muffler cut-out” on any motor vehicle upon any streets; provided, the provisions of this section shall not apply to authorized emergency vehicles.
(2005 Code, § 5-326)
§ 5-320  EMERGENCY REGULATIONS.
   The Chief of Police is hereby empowered to make and enforce temporary traffic regulations to cover emergencies.
(2005 Code, § 5-327)
§ 5-321  POLICE; ENFORCEMENT; REFUSAL TO OBEY; TRAFFIC OFFICERS.
   (A)   The Municipal Police are hereby authorized, empowered and ordered to exercise all powers, and duties, with relation to the management of street traffic and to direct, control, stop, restrict, regulate and, when necessary, temporarily divert or exclude, in the interest of public safety, health and convenience the movement of pedestrian, animal and vehicular traffic of every kind in streets, parks and on bridges. The driver of any vehicle shall stop upon the signal of any police officer.
(2005 Code, § 5-328)
   (B)   It shall be unlawful for any person to refuse, or fail to comply with, any lawful order, signal or direction of a police officer.
(2005 Code, § 5-329)
   (C)   (1)   The governing body or the Mayor 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.
      (2)   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, which may have been placed at any such intersection.
(2005 Code, § 5-330)
§ 5-322  DRIVING PAST BARRICADES.
   No person shall drive any vehicle over or across any newly made pavement in any public streets, across or around which pavement there is a barrier, at, over or near which there is a sign warning persons not to drive over or across such pavement or a sign stating that the street is closed.
(2005 Code, § 5-331)
§ 5-323  MACHINES; INJURY TO PAVEMENT.
   No person shall run, drive, move, operate or convey over or across or upon any paved street in the city any vehicle, tractor, machine or implement of such weight or proportions or carrying any load that will cut, mar, indent or otherwise injure or damage any pavement, gutter or curb within the city; provided, that in cases where such vehicles are permitted or allowed to move along paved or unpaved streets of the city, the Municipal Service Director is authorized and empowered to choose the route over which the moving of such structures will be permitted or allowed.
(2005 Code, § 5-332)
§ 5-324  HEAVY EQUIPMENT; PROTECTING PUBLIC WAYS.
   No person shall move or operate any tractor, road roller or truck of greater capacity than three tons, or move any house or other building or structure, across any bridge, culvert, sidewalk, crosswalk or crossing in any unpaved street within the city without first protecting such bridge, culvert, sidewalk, crosswalk or crossing with heavy plank sufficient in strength to warrant against breaking or damaging of such bridge, culvert, sidewalk, crosswalk or crossing.
(2005 Code, § 5-333)
§ 5-325  TRAFFIC CITATIONS; FORM AND RECORDS.
   The Chief of Police shall provide, in appropriate form, traffic citations containing notices to appear. The Chief of Police shall be responsible for the issuance of such books, and shall maintain a record of every such book, and each citation number therein issued to the municipal police. The Chief shall require and retain a receipt for every book so issued. The Chief of Police shall require the return of all copies of every traffic citation which has been spoiled, or upon which any entry has been made, and not issued to an alleged violator.
(2005 Code, § 5-334)
§ 5-326  ENGINE BRAKES; DEFINITIONS; USE PROHIBITED; PENALTIES.
   (A)   An ENGINE BRAKE is hereby defined as any means used by which the engine, transmission or exhaust on any vehicle is employed as a braking mechanism.
   (B)   It shall be unlawful for anyone to use Jake engine brakes within the city limits.
   (C)   In the event that anyone uses engine brakes within the city and is convicted of such, he or she shall be fined the sum of $100 and ordered to pay the costs of such prosecution.
(2005 Code, § 5-335)
ARTICLE 4: PARKING
Section
   5-401   Vehicles unattended
   5-402   Marked spaces
   5-403   Direction of traffic intersections
   5-404   Parking designation
   5-405   Parking areas
   5-406   Obstructing alley
   5-407   Parking in alleys
   5-408   Unloading; freight vehicles
   5-409   Parking near fire hydrants and stations
   5-410   Parking near schools, theaters
   5-411   Street intersections
   5-412   Obstructing traffic
   5-413   Parking generally
   5-414   Parking; curbs, painted
   5-415   Parking for repair of vehicle
   5-416   Current license; owner of vehicle responsible for parking
   5-417   Maximum time limit
   5-418   Truck parking
   5-419   Designated parallel parking
   5-420   Parking for trailers, dangerous vehicles, long vehicles
   5-421   Parking of vending vehicles
   5-422   Restricted zone
   5-423   Bureau of Violations
   5-424   Parking tickets; destruction
   5-425   Parking; reserved for handicapped; permit; penalty
   5-426   Loading zones
   5-427   Handicapped parking zones
   5-428   Restricted parking zone; commercial bus; library; school bus; fire zones; ten-minute parking zone; Fire Department parking; no parking or stopping zone
§ 5-401  VEHICLES UNATTENDED.
   No person having control or charge of a motor vehicle shall allow such vehicle to stand unattended without first effectively setting the brakes thereon and, when standing upon any grade, without turning the front wheels of such vehicle to the curb or side of the street. The driver of a motor vehicle, when traveling upon a down grade upon any street, shall not coast with the gears of the vehicle in neutral.
(2005 Code, § 5-401)
§ 5-402  MARKED SPACES.
   (A)   When parking places or stalls are marked off on the pavement or curb, vehicles shall be parked only within such marked spaces.
   (B)   All center parking on the streets is prohibited, except on East Avenue and West Avenue between Sixth (6th) Avenue and Railroad Street, for loading and unloading purposes only; provided that, there will be no parking in the left turn lanes on these streets.
   (C)   All other areas along such marked streets shall be deemed non-parking areas.
(2005 Code, § 5-402)
§ 5-403  DIRECTION OF TRAFFIC INTERSECTIONS.
   (A)   No person shall park any vehicle or approach the curb with a vehicle, except when headed in the direction of the traffic.
   (B)   No vehicle shall be parked or left standing within 15 feet of any street intersection or in such manner as to obstruct the vision of persons approaching such intersections.
(2005 Code, § 5-403)
§ 5-404  PARKING DESIGNATION.
   The governing body may, by resolution, designate any street, or portion thereof, where vehicles shall be parked parallel with and adjacent to the curb or at an angle so as to have the front wheel at the curb.
(2005 Code, § 5-404)
§ 5-405  PARKING AREAS.
   (A)   The governing body may, by ordinance and as shown on the Traffic-Control Map, set aside any street, alley, public way or portion thereof where the parking of a particular kind or class of vehicle shall be prohibited or where the parking of any vehicle shall be prohibited.
   (B)   No vehicle prohibited from parking thereon shall stand or be parked adjacent to the curb of said street, alley, public way or portion thereof, longer than a period of time necessary to load and unload freight or passengers.
(2005 Code, § 5-405)
§ 5-406  OBSTRUCTING ALLEY.
   No vehicle, while parked, shall have any portion thereof projecting into any alley entrance.
(2005 Code, § 5-406)
§ 5-407  PARKING IN ALLEYS.
   No vehicle shall be parked in any alley, except for the purpose of loading or unloading during the time necessary to load or unload, which shall not exceed the maximum limit of one-half hour. Every vehicle while loading or unloading in any alley shall be parked in such manner as will cause the least obstruction possible to traffic in such alley.
(2005 Code, § 5-407)
§ 5-408  UNLOADING; FREIGHT VEHICLES.
   Vehicles of an overall length of less than 20 feet, including load, while discharging or loading freight may back to the curb, but shall occupy as little of the street as possible.
(2005 Code, § 5-408)
§ 5-409  PARKING NEAR FIRE HYDRANTS AND STATIONS.
   No vehicle shall be parked within 15 feet in either direction of any fire hydrant, nor within 20 feet of the driveway entrance to any fire station.
(2005 Code, § 5-409)
§ 5-410  PARKING NEAR SCHOOLS, THEATERS.
   The governing body may, by ordinance as shown on the Traffic-Control Map, prohibit the parking or stopping, except for loading or unloading of passengers or freight, of vehicles at the curb on streets directly in front of any entrance to any public building, school building or theater, shall be painted yellow to indicate such prohibition.
(2005 Code, § 5-410)
§ 5-411  STREET INTERSECTIONS.
   Except in compliance with traffic-control devices or where posted or designated, no vehicle shall be parked or left standing for any purpose, except momentarily to load or discharge passengers, within 25 feet of the intersection of curb lines or, if none, then within 15 feet of the intersection of property lines, nor where said curb lines are painted yellow to indicate such prohibition.
(2005 Code, § 5-411)
§ 5-412  OBSTRUCTING TRAFFIC.
   No person shall, except in case of an accident or emergency, stop any vehicle in any location where such stopping will obstruct any street, intersection or entrance to an alley or public or private drive. It shall be unlawful for any person or owner to stop or park any vehicle so as to obstruct a private driveway in any manner which includes stopping or parking any vehicle within five feet of the outer portion of a curb cut on a private driveway.
(2005 Code, § 5-412)
§ 5-413  PARKING GENERALLY.
   No person shall park any vehicle, or approach the curb with a vehicle, except when headed in the direction of the traffic. Vehicles, when parked, shall stand parallel with and adjacent to the curb or edge of the roadway, in such manner as to have both right wheels within 12 inches of the curb or edge of the roadway, and so as to leave at least four feet between the vehicle so parked and any other parked vehicles, except where the governing body designates that vehicles shall be parked at an angle so as to have the front right wheel at the curb or edge of the roadway. Where stalls are designated either on the curb or pavement, vehicles shall be parked within such stalls.
(2005 Code, § 5-413)
§ 5-414  PARKING; CURBS, PAINTED.
   (A)   It shall be the duty of the Street Department to cause the curb space to be painted and keep the same painted as provided in this article.
   (B)   No person, firm or corporation shall paint the curb of any street, or in any manner set aside, or attempt to prevent the parking of vehicles in any street, or part thereof. The marking or designating of portions of streets or alleys where the parking of vehicles is prohibited or limited shall be done only by the municipality through its proper officers. Three colors of paint will be used.
      (1)   Yellow. The use of yellow paint upon the curb of any street shall indicate that such space has been designated as a “no parking zone”.
      (2)   Green. The use of green paint upon the curb of any street shall indicate that such space has been designated as a “loading zone”.
      (3)   Blue. The use of blue paint upon the curb of any street shall indicate that such space has been designated as a “handicapped zone”.
(2005 Code, § 5-414)
§ 5-415  PARKING FOR REPAIR OF VEHICLE.
   No person shall adjust or repair any automobile or motorcycle, or race the motor of same, while standing on the public streets or alleys of the municipality, excepting in case of breakdown or other emergency requiring same. No person or employee connected with a garage or repair shop shall use sidewalks, streets or alleys in the vicinity of such garage or shop for the purpose of working on automobiles or vehicles of any description.
(2005 Code, § 5-415)
§ 5-416  CURRENT LICENSE; OWNER OF VEHICLE RESPONSIBLE FOR PARKING.
   (A)   Every vehicle parked or left standing upon any street, alley, public way or public parking facility, or other public property shall have license plates attached thereto, which are issued for the vehicle, to which said license plates are attached, and are registered in the name of the owner of the vehicle in accordance with the laws of the state or of the state wherein the license is issued.
   (B)   If any vehicle is found upon any street, alley, public way or public parking facility, or other public property in violation of any of the provision of this article, regulating the parking of vehicles and the identity of the driver cannot be determined.
   (C)   The owner or person in whose name such vehicle is registered shall be held prima facie responsible for such violation.
(2005 Code, § 5-416)
§ 5-417  MAXIMUM TIME LIMIT.
   The parking of a motor vehicle on a public street in the residential area for over 72 consecutive hours; or in a two-hour parking zone for more than ten consecutive hours; or in a controlled public parking area for more than 24 consecutive hours is unlawful, except where a different maximum time limit is posted; provided that, the parking of such vehicles, trailers, implements or equipment shall not conflict with the provisions of any other section of this code.
(2005 Code, § 5-417)
§ 5-418  TRUCK PARKING.
   No person shall park any truck in the districts along either side of Fourth (4th) Avenue, starting at Garfield Street on the east and extending to Grant Street on the west, and along either side of East and West Avenues from Railroad Street to Sixth (6th) Avenue. This restriction shall not apply to such parking as may be reasonably necessary for purposes of loading or unloading.
(2005 Code, § 5-418)
§ 5-419  DESIGNATED PARALLEL PARKING.
   All parking on both sides of Grant Street from Fourth (4th) Avenue to Fifth (5th) Avenue is restricted to parallel parking, unless otherwise posted.
(2005 Code, § 5-419)
§ 5-420  PARKING FOR TRAILERS, DANGEROUS VEHICLES, LONG VEHICLES.
   No person shall keep, place or leave on any street, alley, sidewalk or public thoroughfare within the city, any petroleum transport vehicle nor any anhydrous ammonia transport vehicle. Nor shall any anhydrous ammonia transport vehicle be parked on any private premises within any commercial zone of the city, except as may be reasonably necessary for purposes of loading or unloading. Nor shall any such petroleum or anhydrous ammonia transport vehicle be parked on any private premises within any residential zone of the city. No person shall keep, place or leave on any street, alley, sidewalk or public thoroughfare within any residential zone of the city any truck, truck trailer, semi-trailer or any combination thereof with a unit or combined overall length exceeding 35 feet, except as may be reasonably necessary for purposes of loading or unloading.
(2005 Code, § 5-420)
§ 5-421  PARKING OF VENDING VEHICLES.
   No vehicle used for the purpose of vending merchandise, meats, fruits, vegetables or confections or other vehicle commonly known as a peddler’s car or wagon shall be allowed to stand on any street longer than 15 minutes in any one location.
(2005 Code, § 5-421)
§ 5-422  RESTRICTED ZONE.
   If any vehicle parked in a restricted parking zone shall remain parked in any such parking space with a sign designating a specific use or time limit, the vehicle shall be considered illegally parked and such parking shall constitute a violation of this chapter.
(2005 Code, § 5-422)
§ 5-423  BUREAU OF VIOLATIONS.
   (A)   There is hereby created the Non-Moving Traffic Violations Bureau within the powers and duties of the office of the city’s Police Department. A copy of each citation issued for non-moving traffic violations shall be deposited with the city’s Police Department, whose duty it shall be to assess all fines and to maintain appropriate and accurate records of all such fines. Fines shall be payable at the office of the City Clerk between the hours of 8:00 a.m. and 5:00 p.m., except Saturdays, Sundays or holidays. Such fines shall be in the amount of $10 if paid within two working days from the date and time of issuance. If paid within ten working days from the date of issuance, the fine shall be $25. Should any such fine not be paid within the ten-working day period, the city police shall ask the City Attorney to file a complaint in the appropriate court. The fine for any such violation after ten working days or after judgment is entered against the violator shall be $50.
   (B)   (1)   Such fines, in the case of a truck, truck trailer, semi-trailer or any combination thereof with a unit of combined overall length exceeding 35 feet, shall be $25 if paid within two working days from the date and time of issuance.
      (2)   If paid within ten working days from the date of issuance, the fine shall be $50. Should any such fine not be paid within the ten-working day period, the city police shall ask the City Attorney to file a complaint in the appropriate court.
      (3)   The fine for any such violation after ten working days or after judgment is entered against the violator shall be $100.
   (C)   All fines assessed by the city’s Police Department under this section shall, upon collection, be transferred to the school district in which the city lies. The Police Department shall make a record of all violators showing the name of each violator, the time and date of such violation and the disposition of the penalties and fees fixed. All money assessed by the Police Department shall be accounted for by the City Treasurer as provided by law.
   (D)   All parking tickets issued for violations of non-moving traffic regulations contained in this section shall, in addition to information normally stated on such tickets, carry the following information:
      (1)   The amount of the fine if paid within two working days;
      (2)   The amount of the fine if paid within ten working days;
      (3)   The amount of the fine if not paid within ten working days;
      (4)   The location where payment may be made; and
      (5)   The fact that a complaint will be filed after ten working days if the fine is not paid in that time.
(2005 Code, § 5-423)
§ 5-424  PARKING TICKETS; DESTRUCTION.
   No person shall tear up or destroy any parking tag placed upon any vehicle by any police officer of the city, or disregard the summons contained on such tag. No person shall remove any mark placed on a tire by any police officer of the city for the purpose of enforcing overtime parking.
(2005 Code, § 5-424)
§ 5-425  PARKING; RESERVED FOR HANDICAPPED; PERMIT; PENALTY.
   (A)   The governing body and any person in lawful possession of any off-street parking facility may designate parking spaces for the exclusive use of handicapped or disabled persons whose vehicles display the distinguishing license plates issued to such individuals pursuant to Neb. RS 3,113.03, and such other handicapped or disabled persons, whose vehicles display the identifications as determined by the Department of Motor Vehicles pursuant to Neb. RS 3,113.03 and such other motor vehicles, which display such identification from another state pursuant to Neb. RS 18-1736. Whenever the governing body or any person in lawful possession of an off-street parking facility so designates a parking space, it shall be indicated by a sign which is in conformance with the latest edition of the Federal Highway Administration Manual on Uniform Traffic-Control Devices, for streets and highways. In addition to such sign, the space may also be indicated by blue paint on the curb or edge of the paved portion of the street adjacent to the space.
   (B)   The City Clerk shall take an application from handicapped disabled person or temporarily handicapped or disabled person or his or her parent, legal guardian or foster parent for a permit or for the renewal of a permit which entitle the holder thereof or a person driving a motor vehicle for the purpose of transporting such a holder of the permit. For purposes of this section, the handicapped or disabled person or temporarily handicapped or disabled person shall be considered the holder of the permit. A copy of the completed application form shall be given to each applicant.
   (C)   A person applying for a permit or for the renewal of a permit shall complete an application, shall provide proof of identity and shall submit a completed medical form containing the statutory criteria for qualification and signed by a physician, physician assistant or advanced practice registered nurse certifying that the person who will be the holder meets the definition of handicapped or disabled person. No applicant shall be required to provide his or her Social Security number. In the case of a temporarily handicapped or disabled person, the certifying physician, physician assistant or advanced practice registered nurse shall indicated the estimated date of recovery or that the temporary handicap or disability will continue for a period of six months, whichever is less.
   (D)   The City Clerk shall take any application from any person for a motor vehicle permit which will entitle the holder thereof or a person driving the motor vehicle for the purpose of transporting physically handicapped or disabled persons or temporarily handicapped or disabled persons to park in those spaces provided for by this article if the motor vehicle is used primarily for the transportation of handicapped or disabled persons or temporarily handicapped or disabled persons . Such parking permit shall be used only when the motor vehicle for which it is issued is being used for the transportation of handicapped or disabled person or temporarily handicapped or disabled person will enter or exit the motor vehicle while it is parked in such designed spaces.
   (E)   A persons applying for permit or for the renewal of a permit pursuant to this section shall apply for a permit for each motor vehicle which is used for the transportation of handicapped or disabled persons or temporarily handicapped or disabled persons, shall complete such forms as are provided to the City Clerk by the Department of Motor Vehicles and demonstrate to the City Clerk that each such motor vehicle is used primarily for the transportation of handicapped or disabled or temporarily handicapped or disabled person. A copy of the completed application form shall be given to each applicant.
   (F)   The City Clerk shall not accept the application for a permit of any person making application contrary to the provisions of Neb. RS 3,113.03.
   (G)   A person may hold only one permit under subsections (A) or (B) above, but not both. However, handicapped individuals may obtain handicapped license plated for their vehicle in addition to their permit.
   (H)   The City Clerk shall submit to the Department of Motor Vehicles the name, address and license number of all persons applying for a permit pursuant to this article.
   (I)   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.
   (J)   (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 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 is cited to appear in court. 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.
      (2)   One copy of the handicapped parking citation shall be delivered to the person cited or attached to the offending motor vehicle.
   (K)   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.
   (L)   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.
   (M)   For any handicapped parking citation issued for a handicapped parking infraction by reason of the failure to display a handicapped parking permit issued pursuant to Neb. RS 18-1738 or 18-1738.01, 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 provided for in Neb. RS 18-1741.03, 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 3,113.03 and that the peace officer has personally viewed the permit.
   (N)   The owner or person in lawful possession of an off-street parking facility, after notifying the Police or Sheriff’s Department and the city 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 or motor vehicles for the transportation of such persons, of any vehicle not displaying the proper permit or the distinguishing license plates specified in this article if there is posted above ground and immediately adjacent to the visible from such stall or space a sign which clearly and conspicuously states the area so designated as a tow-in zone.
   (O)   (1)   Anyone who parks a vehicle 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 designed 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 Neb. RS 18-1741.01 and shall be subject to the procedures set forth in subsection (E) above and the penalty provided for herein. 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.
      (2)   If the identity of the person who parked in 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 herein.
   (P)   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 city of a violation of this section prior to the city issuing the violator a handicapped parking infraction citation.
   (Q)   For any violation of this section, the citation or complaint may be issued to or against either the owner or operator of the vehicle. It shall be unlawful for either to violate or allow a vehicle owned by him or her to violate any provision of this section.
   (R)   (1)   The fine/penalty in the case of illegal handicapped parking if paid within two working days from the date and time of issuance shall be $50.
      (2)   If paid within ten working days from the date and time of issuance, the fine shall be $75. Should any fine not be paid within the ten working days, the city police shall ask the City Attorney to file a complaint in the appropriate court. The fine/penalty for any such violation after ten working days or after judgment is entered against the violator shall be $100.
(2005 Code, § 5-425)
§ 5-426  LOADING ZONES.
   (A)   It shall be unlawful for the driver of any vehicle to stop, park or stand such vehicle at any designated loading zone except for the purpose of loading and unloading merchandise or passengers and such vehicle shall not occupy said loading zone for a time that is longer than it takes to load or unload, no such loading zone shall be subject at any time limit on loading or unloading.
   (B)   The following are designated as loading zones:
      (1)   On the east side of East Avenue, one space beginning 85 feet south of the curb line of 6th Avenue.
      (2)   On the east side of East Avenue, one space beginning 142 feet south of the south curb line of 6th Avenue.
      (3)   On the north side of 6th Avenue, one space, 13 feet long beginning 35 feet west of the west edge of the alley between East and West Avenues.
      (4)   On the north side of 7th Avenue, one space 33 feet long beginning 43 feet east of the east curb line of West Avenue.
      (5)   On the east side of East Avenue, one space beginning 98 feet north of the north curb line of 3rd Avenue.
      (6)   On the east side of Tibbals Street, one space 30 feet long long beginning 155 feet north of the north curb line of West 12th Avenue.
      (7)   On the east side of West Avenue, one space 26 feet long, beginning 21 feet north of the north curb line of 6th Avenue.
(2005 Code, § 5-426)  (Ord. 2356, passed 6-18-2013; Ord. 2404, passed 12-5-2017; Ord. 2415, passed 3-20-2018)
§ 5-427  HANDICAPPED PARKING ZONES.
   (A)   Parking in the following spaces shall be restricted to vehicles displaying handicapped permits as outlined herein. Said space shall be posted with a sign designating it as a handicapped zone. The adjacent curb shall be painted blue.
   (B)   The following are designated as handicapped zones:
      (1)   On the north side of 7th Avenue: one space, 21 feet long, 22 feet east of the east curb line of West Avenue;
      (2)   On the north side of 12th Avenue: one space, 202 feet west of the west curb line of Grant Street;
      (3)   On the west side of East Avenue: one space, 35 feet north of the north curb line of 4th Avenue;
      (4)   On the east side of East Avenue: one space, 38 feet north of the north curb line of 4th Avenue;
      (5)   On the east side of West Avenue: one space, 22 feet south of the south curb line of 5th Avenue;
      (6)   On the west side of West Avenue: one space, 38 feet south of the south curb line of 5th Avenue;
      (7)   On the east side of West Avenue: one space, 20 feet south of the south curb line of 4th Avenue;
      (8)   On the west side of West Avenue: one space, 38 feet south of the south curb line of 4th Avenue;
      (9)   On the south side of 5th Avenue: one space, 21 feet west of the west curb line of Grant Street;
      (10)   On the north side of 6th Avenue: one space, 25 feet east of the east curb line of East Avenue;
      (11)   On the east side of West Avenue: one space, 38 feet north of the north curb line of 4th Avenue;
      (12)   On the west side of West Avenue: one space, 38 feet south of the south curb line of 3rd Avenue;
      (13)   On the north side of 10th Avenue: one space, 14 feet long, 150 feet west of the west curb line of Lincoln Street;
      (14)   On the north side of 10th Avenue: one space, 14 feet long, 236 feet west of the west curb line of Lincoln Street;
      (15)   On the north side of 10th Avenue: two spaces, 14 feet long, 260 feet west of the west curb line of Lincoln Street;
      (16)   Fives spaces in the North Park parking areas and two spaces in the South Park parking areas;
      (17)   On the north side of 7th Avenue: one space, 22 feet long, 76 feet east of the east curb line of West Avenue;
      (18)   On the north side of 6th Avenue: one space, 32 feet east of the east curb line of West Avenue;
      (19)   On the west side of East Avenue: one space, 95 feet south of the south curb line of 4th Avenue;
      (20)   On the west side of East Avenue: one space, 20 feet north of the north curb line of 3rd Avenue;
      (21)   On the east side of East Avenue: one space, ten feet south of the north curb line of 3rd Avenue extended;
      (22)   On the west side of West Avenue: one space, 20 feet north of the north curb line of 5th Avenue;
      (23)   On the west side of West Avenue: one space, 20 feet north of the north curb line of 3rd Avenue;
      (24)   One the east side of East Avenue: one space, 38 feet north of the north curb line of 5th Avenue;
      (25)   On the east side of East Avenue: one space, 27 feet south of the south curb line of 6th Avenue;
      (26)   On the west side of East Avenue: one space, 38 feet south of the south curb line of 5th Avenue;
      (27)   On the south side of 6th Avenue: one space, 29 feet east of the east curb line of West Avenue;
      (28)   On the south side of the South Park Alley: two spaces, 98 feet east of the centerline of Morton street and two spaces, 407 feet west of the centerline of Morton Street;
      (29)   Handicap parking spaces in the following municipal parking lots as listed:
         (a)   One swimming pool parking lot;
         (b)   Two parking lot at 3rd Avenue and East Avenue;
         (c)   Two parking lot at 4th Avenue and Grant Street;
         (d)   Two parking lot at 5th Avenue and Garfield Street;
         (e)   One west parking lot on West Avenue between 3rd Avenue and 4th Avenue;
         (f)   One east parking lot on West Avenue between 3rd Avenue and 4th Avenue; and
         (g)   Two parking lot at 5th Avenue and Grant Street.
      (30)   On the east side of West Avenue: one space, 22 feet long, 30 feet north of the north curb line of 7th Avenue;
      (31)   On the east side of West Avenue: one space, 23 feet north of the north curb line of 5th Avenue; and
      (32)   On the south side of 6th Avenue: one space, 25 feet east of the east curb line of East Avenue.
(2005 Code, § 5-427)  (Ord. 2376, passed 10-6-2015)
§ 5-428  RESTRICTED PARKING ZONE; COMMERCIAL BUS; LIBRARY; SCHOOL BUS; FIRE ZONES; TEN-MINUTE PARKING ZONE; FIRE DEPARTMENT PARKING; NO PARKING OR STOPPING ZONE.
   (A)   Library. The following library zones shall be for the exclusive use of library patrons with a time limit of one hour. Said space shall be posted by a sign designating it as a library zone: on the north side of 6th Avenue, a space 94 feet long, beginning 45 feet east of the east curb line of East Avenue.
   (B)   School bus. The following school bus zones shall be for the exclusive use of school buses during the hours of 8:00 a.m. to 4:00 p.m. on days school is in session said space shall be posted by a sign designated it as a school bus zone. The adjacent curb shall be painted yellow:
      (1)   On the west side of Sherman Street: a space 67 feet long, beginning 90 feet north of the north curb line of 10th Avenue;
      (2)   On the west side of Morton Street: a space 140 feet long, beginning 22 feet south of the south curb line of 9th Avenue; and
      (3)   On the north side of 12th Avenue: a space 94 feet long, beginning 108 feet west of the west curb line of Grant Street.
   (C)   Fire zones. The following fire zones shall be used exclusively for access to premises to suppress
fires or perform rescue. No other stopping or parking is allowed. Said space shall be posted by a no parking sign. The adjacent curb shall be painted yellow:
      (1)   On the west side of Grant Street: a space 100 feet long, beginning 12 feet south of the south curb line of 5th Avenue;
      (2)   On the north side of 4th Avenue: a space 30 feet long, beginning 29 feet east of the east curb line of East Avenue;
      (3)   On the west side of Grant Street: a space 100 feet long, beginning 12 feet south of the south curb line of 5th Avenue; and
      (4)   On the north side of 4th Avenue: a space 30 feet long, beginning 29 feet east of the east curb line of East Avenue.
   (D)   Ten-minute parking zone. The following ten-minute parking zones are for ten-minute parking only. A vehicle shall not be stopped or parked or left unattended for more than ten minutes. Said spaces shall be posted by a sign designating it is a ten-minute parking zone. No person shall park any motor vehicle in any parking space in such zone for more than ten minutes consecutively from the time such motor vehicle is first parked in such parking space, during the hours from 8:00 a.m. to 6:00 p.m. on Monday through Friday:
      (1)   Both sides of Fifth (5th) Avenue, extending east from East Avenue to the alley between East Avenue and Garfield Street; and
      (2)   On the east side of East Avenue: two spaces, beginning south 31 feet from the south curb line of Fifth (5th) Avenue.
   (E)   Fire Department personnel vehicle parking zone. The following parking zone shall be restricted to vehicles displaying a permit identifying such vehicle belonging to or being used by Fire Department personnel. This zone shall only be used for official Fire Department business: on the south side of 5th Avenue, a space 84 feet long, beginning 39 feet from the west curb line of Garfield Street.
   (F)   No parking or stopping zone. The following no parking or stopping zone shall be posted by a sign and the curb painted yellow. No person shall allow his or her vehicle to park, stop or become stalled for any reason including the loading and unloading of passengers within this zone:
      (1)   On the north and south side of 14th Avenue: a space, 214 feet long, beginning 107 feet east of the centerline of Grant Street and ending 107 feet west of the centerline of Grant Street;
      (2)   On the west side of Lincoln Street: a space, 154 feet long beginning at the south curb line of 11th Avenue;
      (3)   On the west side of Lincoln Street: a space, 182 feet long beginning 254 feet south of the curb line of 11th Avenue; and
      (4)   On the north side of 10th Avenue: a space, ten feet long beginning 250 feet west of the west curb line of Lincoln Street.
(2005 Code, § 5-428)
ARTICLE 5: OPERATOR AND VEHICLE QUALIFICATIONS
Section
   5-501   Registration; operator and vehicle license
   5-502   Lights; trailer
   5-503   License plates
   5-504   Equipment and maintenance
   5-505   Unobstructed view