(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)