(A) Designation of spaces.
(1) The City Engineer and any person in lawful possession of any off-street parking facility may designate parking spaces for the exclusive use of:
(a) Handicapped or disabled persons whose motor vehicles display the distinguishing license plates issued to handicapped or disabled persons pursuant to Neb. RS 60-3113;
(b) Handicapped or disabled persons whose motor vehicles display a distinguishing license plate issued to a handicapped or disabled person by another state;
(c) Such other handicapped or disabled persons or temporarily handicapped or disabled persons, as certified by the city, whose motor vehicles display the permit specified in Neb. RS 18-1739; and
(d) Such other motor vehicles, as certified by the city which display the permit specified in Neb. RS 18-1739.
(2) All such permits shall be displayed by attaching the permit to the motor vehicle’s rearview mirror so as to be clearly visible from the front windshield. When there is no rearview mirror, the permit shall be displayed on the dashboard. Whenever the city so designates a parking space or stall, it shall be indicated by posting immediately adjacent to and visible from each stall or space a sign as described in Neb. RS 18-1737. In addition to such sign, the space or stall may also be indicated by blue paint on the curb or edge or the paved portion of the street adjacent to the space.
(B) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them herein.
HANDICAPPED PARKING SPACE. Any space, including any associated access aisle, provided for the parking of motor vehicles, which space and access aisle have been designated exclusively for the use of handicapped or disabled persons.
HANDICAPPED OR DISABLED PERSON. Any individual with a severe visual or physical impairment which limits personal mobility and results in an inability to travel unassisted more than 200 feet without the use of a wheelchair, crutch, walker or prosthetic, orthodic or other assistant device, any individual whose personal mobility is limited as a result of respiratory problems, any individual who has a cardiac condition to the extent that his or her functional limitations are classified in severity as being Class III or Class IV, according to standards set by the American Heart Association, and any individual who has permanently lost all or substantially all the use of 1 or more limbs.
TEMPORARILY HANDICAPPED OR DISABLED PERSON. Any handicapped or disabled person whose personal mobility is expected to be limited in such manner for no longer than 1 year.
(C) Handicapped parking; violation.
(1) It shall be unlawful for any person to park a vehicle in any on-street or off-street handicapped parking space without properly displaying the proper permit or distinguishing license plates issued pursuant to law.
(2) It shall be unlawful for any person to park any vehicle displaying such permit or plates in any handicapped parking space when the person to whom or for whom the permit or license plate so displayed has been issued will not or does not enter or exit the vehicle while it is parked in the space.
(3) It shall be unlawful for any person to block access to any handicapped parking space by parking a vehicle in such a manner as to render the handicapped parking space unavailable for its intended use.
(4) It shall be unlawful for any person to block or obstruct any wheelchair ramp constructed or created in accordance and in conformity with the Federal Americans with Disabilities Act of 1990.
(D) Revocation of permit. Permits issued under this chapter are intended for the use of handicapped persons only, and in addition to any other penalties provided herein, any misuse or abuse of the permits may result in the revocation of the permit by the city and such other penalties as provided by law.
(E) Applicable law. The issuance of a handicapped permit shall in no manner waive or impair the application of any ordinance of the city, including time limitations and other parking regulations established by the city.
(Prior Code, § 50-233) (Ord. 3477, § 1, 5-20-2003) Penalty, see § 76.99
Statutory reference:
Handicapped parking, see Neb. RS 18-1736-18-1741