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PARKING FOR DISABLED PERSONS
§ 71.20 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACCESS AISLE. A space adjacent to a handicapped parking space or passenger loading zone which is constructed and designed in compliance with the Americans with Disabilities Act of 1990, being 42 U.S.C. §§ 12101 et seq., and the federal rules and regulations adopted and promulgated in response to the Act.
   HANDICAPPED OR DISABLED PARKING PERMIT. A permit issued by the Department of Motor Vehicles that authorizes the use of parking spaces and access aisles that have been designated for the exclusive use of handicapped or disabled persons.
   HANDICAPPED OR DISABLED PERSON. Any individual with a severe visual, neurological 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, orthotic 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 one or more limbs.
   HANDICAPPED OR DISABLED PERSON, TEMPORARILY. Any handicapped or disabled person whose personal mobility is expected to be limited in such manner for no longer than one year.
   HANDICAPPED PARKING INFRACTION. Violation of any section of this subchapter regulating:
      (1)   The use of parking spaces, including access aisles, designated for use by handicapped or disabled persons;
      (2)   The unauthorized possession, use or display of handicapped or disabled parking permits; or
      (3)   The obstruction of any wheelchair ramps constructed or created in accordance and in conformity with the Federal Americans with Disabilities Act of 1990.
Statutory reference:
   Similar provisions, see Neb. Rev. Stat. §§ 18-1736 and 18-1741.01
§ 71.21 DESIGNATION OF ON-STREET PARKING SPACES AND ACCESS AISLES; DISPLAY OF PERMITS.
   (A)   (1)   The Village Board may designate parking spaces, including access aisles, for 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. Rev. Stat. § 60-3,113.06;
         (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 village, whose motor vehicles display the permit; and
         (d)   Such other motor vehicles, as certified by the village, which display such permit.
      (2)   All such permits shall be displayed by hanging the permit from the motor vehicle’s rearview mirror so as to be clearly visible through the front windshield. The permit shall be displayed on the dashboard only when there is no rearview mirror.
   (B)   If the Village Board so designates a parking space or access aisle, it shall be indicated by posting above ground and immediately adjacent to and visible from each space or access aisle a sign as described in Neb. Rev. Stat. § 18-1737. In addition to such sign, the space or access aisle may also be indicated by blue paint on the curb or edge of the paved portion of the street adjacent to the space or access aisle.
Statutory reference:
   Similar provisions, see Neb. Rev. Stat. § 18-1736
§ 71.22 DESIGNATION OF OFF-STREET PARKING STALLS, SPACES, AND ACCESS AISLES.
   The village and any person in lawful possession of any off-street parking facility may designate stalls or spaces, including access aisles, in such facility owned or operated by the village or person for exclusive use of:
   (A)   Handicapped or disabled persons whose motor vehicles display the distinguishing license plates issued to such individuals pursuant to Neb. Rev. Stat. § 60-3,113.06;
   (B)   Such other handicapped or disabled persons or temporarily handicapped or disabled persons, as certified by the village, whose motor vehicles display the permit; and
   (C)   Such other motor vehicles, as certified by the village, which display such permit. Such designation shall be made by posting above ground and immediately adjacent to and visible from each stall or space, including access aisles, a sign which is in conformance with the requirements in Neb. Rev. Stat. § 18-1737.
Statutory reference:
   Similar provisions, see Neb. Rev. Stat. § 18-1737
§ 71.23 PERSONAL PERMIT; ISSUANCE; RENEWAL.
   (A)   The Village Clerk shall take an application, on a form provided by the Department of Motor Vehicles, from a handicapped or disabled person or temporarily handicapped or disabled person or his or her 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 or access aisles provided for by this subchapter when the holder of the permit will enter or exit the motor vehicle while it is parked in such spaces or access aisles. For the purposes of this section, the handicapped or disabled person or temporarily handicapped or disabled person shall be considered the holder of the permit.
   (B)   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 or temporarily 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’s assistant or advanced practice registered nurse shall indicate the estimated date of recovery or that the temporary handicap or disability will continue for a period of six months, whichever is less.
   (C)   A person may hold only one permit under this section and may hold either a permit under this section or a permit under § 71.24 of this code, but not both.
   (D)   A copy of the completed application form shall be given to each applicant. The Village 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 section.
   (E)   An application for the renewal of a permit under this section may be filed within 30 days prior to the expiration of the permit. The existing permit shall be invalid upon receipt of the new permit.
   (F)   The Village Clerk shall not accept the application for a permit of any person making application contrary to the provisions of the Nebraska Revised Statutes.
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