(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 disabled persons whose vehicles display the distinguishing license plates issued to such individuals pursuant to Neb. RS 60-311.14, such other handicapped persons, as certified by the governing body, whose vehicles display the identification as determined by the Department of Motor Vehicles, and such other motor vehicles, as certified by the governing body, which display such identification. All such permits shall be displayed in the operator’s area in a conspicuous location upon the vehicle’s dashboard or its equivalent. Whenever the governing body so designates a parking space, it shall be indicated by a sign which is in conformance with the nineteenth edition of the Federal Highway Administration’s 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) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PHYSICALLY HANDICAPPED PERSONS. Visually handicapped persons and those permanently physically handicapped persons who have definite walking problems to such an extent that walking is impractical, impossible, extremely painful or generally detrimental to one’s health, including those persons who have respiratory problems which incapacitate their walking, any individual who has permanently lost all or substantially all the use of one or more limbs and disabled persons as defined in Neb. RS 60-311.14.
VISUALLY HANDICAPPED PERSONS. Persons using the white cane or guide dog.
(C) The Municipal Clerk-Treasurer shall take an application from physically handicapped persons or their parent, legal guardian or foster parent for a permit which will entitle the holder thereof or a person driving a motor vehicle for the purpose of transporting such holder to park in those spaces provided for by this section. Persons applying for a permit shall complete such forms as are provided to the Municipal Clerk-Treasurer by the Department of Motor Vehicles and shall demonstrate to the satisfaction of the Municipal Clerk-Treasurer that he or she is handicapped. The Municipal Clerk-Treasurer may require medical certificates and proof of a handicapped condition. Such application shall be forwarded to the Department of Motor Vehicles.
(D) The Municipal Clerk-Treasurer may take an 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 persons to park in those spaces provided for by this section, if the motor vehicle is used primarily for the transportation of physically handicapped person. Such parking permit shall be used only when the motor vehicle for which it was issued is being used for the transportation of physically handicapped persons. Persons applying for permits pursuant to this section shall apply for a permit for each motor vehicle used for the transportation of physically handicapped persons and shall complete such forms as are provided to the Municipal Clerk-Treasurer by the Department of Motor Vehicles and shall demonstrate to the Clerk-Treasurer that each such motor vehicle is used primarily for the transportation of physically handicapped persons. Such applications shall be forwarded to the Department of Motor Vehicles.
(E) The permit shall be a card not less than four inches by four inches in size, constructed so that it may be easily and conspicuously displayed from a vehicle’s rearview mirror and on which is prominently displayed the date of expiration, the internationally accepted wheelchair symbol, which symbol is a representation of a person seated in a wheelchair surrounded by a border six units wide by seven units high, and an identifying number on the front of the card. The color of the permit issued to handicapped or disabled persons or for the transportation of handicapped or disabled persons shall be white on blue. The permit issued to temporarily handicapped or disabled persons or for the transportation of temporarily handicapped or disabled persons shall be a special distinguishing color as determined by the Department of Motor Vehicles. The name, address, phone number, date of birth and age of the handicapped or disabled person to whom issued shall appear on the reverse side. The name, address and phone number of the party to whom issued and the license plate number of the motor vehicle for which the permit is issued shall appear on the reverse side of the permit if such permit is issued for a motor vehicle used primarily for the transportation of handicapped or disabled or temporarily handicapped or disabled persons.
(F) No permit shall be issued to any person for any motor vehicle if any valid handicapped parking permit has been issued to such person or for such motor vehicle if such permit has been suspended pursuant to this section.
(G) A duplicate permit may be provided by the Department of Motor Vehicles without cost if the original permit is destroyed, lost or stolen. Such duplicate permit shall be valid for the remainder of the period for which the original permit was issued.
(H) All permits authorized under this section shall be issued for a period ending January 1 of the fourth year following the date of issuance. A permit fee of $3 shall be charged for each permit, $2.50 of which shall be retained by the Municipal Clerk-Treasurer and $0.50 of which shall be forwarded to the Department of Motor Vehicles.
(I) Permits issued under this section shall not be transferable and shall be used only by the party to whom issued or for the motor vehicle for which issued and only for the purpose for which it is issued. Use by any other person, for any other motor vehicle or for any other purpose shall be cause for suspension of such permit for a period of six months. At the expiration of such period, a suspended permit may be renewed upon the payment of the permit fee.
(J) The owner or person in lawful possession of an off-street parking facility, after notifying the Police or Sheriff’s Department, as the case may be, and the municipality when 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 disabled persons, other handicapped persons or motor vehicles for the transportation of physically handicapped persons, of any vehicle not displaying proper identification or one of the distinguishing license plates specified in this section if there is posted immediately adjacent to and visible from such stall or space a sign which clearly and conspicuously states the area so designated as a tow-in zone. Anyone parking in an on-street parking space which has been designated exclusively for handicapped persons or motor vehicles for the transportation of handicapped persons, or in any so designated parking space in any off-street parking facility owned or operated by the municipality without properly displaying the proper identification, shall be guilty of a traffic infraction as defined in Neb. RS 39-602 and shall be subject to the penalties and procedure set forth in Neb. RS 39-6,122.
(Prior Code, § 5-409) (Ord. 68, passed 11-7-1977; Ord. 100, passed 12-4-1989) Penalty, see § 70.99
Statutory reference:
Similar provisions, see Neb. RS 18-1736 through 18-1742