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. (Neb. RS 39-311)
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.
(Neb. RS 39-311)[1]
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. (Neb. RS 60-6, 127)
Siren signaling devices shall not be used on any vehicle except
those operated by the Police Department, Fire Department, the Sheriff,
and authorized utility vehicles when on emergency calls. No person
shall make or cause to be made any unnecessary noise with any signaling
device or use the same except as a road signal.
It shall be unlawful for any person to use any parking stall,
lane, or space for the display of merchandise, goods, or wares, or
for any purpose whatsoever, except the parking of motor vehicles;
and no parking stall, lane, or space shall be blocked or barricaded
by any person; provided, however, that parking areas may be temporarily
blocked, used, or barricaded for construction and other necessary
purposes, by obtaining special permission therefor from the Municipal
Police.
It shall be unlawful for any person to erect, plant, construct,
maintain or permit to exist any hedge, tree, bush, sign, fence, building
or any other natural or artificial obstruction to vision of drivers
of motor vehicles approaching on intersecting streets, whether said
obstruction is on the street, the street parking, or on the private
property of such person. When such obstruction is found to exist,
the Municipal Police shall notify the owner or occupant of said premises
to forthwith remove the same; and in the event the owner or occupant
shall fail to remove the same within five days of such notice, the
City may remove the obstruction at the expense of the owner or occupant
of said premises.
A charge shall be made upon the owner, renter, lessee or the
person otherwise having possession or in charge of a trailer or vehicle
designed and used for camping and camping living quarters for parking
in the City Park. For the purpose of said service charge, a day shall
consist of one twenty-four-hour period and the first seven days need
not be consecutive. The Mayor and Council may by resolution increase
or decrease the service charge and increase or decrease the number
of days after which a service charge shall be made.
No person shall operate a motor vehicle on any street, alley,
or other place at a rate of speed greater than 25 miles per hour within
the residential district and 20 miles per hour within the Central
Business District, unless a different rate of speed is specifically
permitted by ordinance. In no instance shall a person drive a vehicle
on a highway at a speed greater than is reasonable and prudent under
the conditions. Where a different maximum speed is set by ordinance,
appropriate signs shall be posted. (Neb. RS 60-6, 186; 60-6, 190)
[Amended 1-19-1982 by Ord. No. 1-82; 10-17-1989 by Ord. No. 38-89]
It shall be unlawful for the driver of any vehicle, when passing
premises on which school grounds are located and which are used for
school purposes, during school recess or while children are going
to or leaving school during the opening or closing hours, to drive
said vehicle at a rate of speed in excess of 20 miles per hour past
said premises, unless a greater speed is allowed by resolution of
the governing body; and such driver shall stop at all stop signs located
at or near such school premises; and it shall be unlawful for such
driver to make a U-turn at any intersection where such stop signs
are located at or near such school premises. (Neb. RS 60-9, 190)
[Amended 10-18-1983 by Ord. No. 2-8-83]
A.
Determinations made regarding the speed of any motor vehicle based
upon the visual observation of any law enforcement officer may be
corroborated by the use of radio microwaves or other electronic device.
The results of such radio microwave or other electronic speed measurement
may be accepted as competent evidence of the speed of such motor vehicle
in any court or legal proceeding when the speed of the vehicle is
at issue. Before the municipality may offer in evidence the results
of such radio microwave or other electronic speed measurement for
the purpose of establishing the speed of any motor vehicle, the municipality
shall prove the following:
(1)
The measuring device was in proper working order at the time
of conducting the measurement;
(2)
The measuring device was being operated in such a manner and
under such conditions so as to allow a minimum possibility of distortion
or outside interference;
(3)
The person operating such device and interpreting such measurement
was qualified by training and experience to properly test and operate
the device; and
(4)
The operator conducted external tests of accuracy upon the measuring
device, within a reasonable time both prior to and subsequent to an
arrest being made, and the measuring device was found to be in proper
working order.
B.
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.
(Neb. RS 60-6, 192)
[Amended 9-19-1978 by Ord. No. 1139; 9-21-1982 by Ord. No. 2682; 11-3-1987 by Ord. No. 27-87]
A.
It shall be unlawful for any person to operate, or be in actual physical
control of, any motor vehicle while under the influence of alcoholic
liquor, or of any drug or when that person has 0.08% or more by weight
of alcohol in his or her body fluid as shown by chemical analysis
of his or her blood, breath, or urine. Any person who operates or
has in his or her actual physical control a motor vehicle upon a public
highway shall be deemed to have given his or her consent to submit
to a chemical test of his or her blood, breath, or urine for the purpose
of determining the amount of alcohol content in his or her body fluid.
Any duly authorized law enforcement officer may require such person
to submit to said chemical test when such person has been arrested:[1]
(1)
For any offense arising out of acts alleged to have been committed
while the person was driving or in actual physical control of a motor
vehicle if the officer has reasonable grounds to believe that such
person was under the influence of alcoholic liquor at the time of
the offense; or
(2)
For refusing to submit to a preliminary test of his or her breath
for alcohol content if the officer has reasonable grounds to believe
that such person has alcohol in his or her body; or
(3)
When such preliminary breath test results indicate an alcohol
content of 0.08 of one gram or more by weight of alcohol per 210 liters
of his or her breath.
B.
Any person who refuses to submit to such preliminary breath test shall be guilty of a misdemeanor. Any person who refuses to submit to a chemical blood, breath, or urine test as required above or who shall operate or be in actual physical control of any motor vehicle while under the influence of alcoholic liquor or of any drug or while in a condition described in Subsection A of this section shall be deemed guilty of a crime. Upon conviction of any person for a violation of this section, there shall be assessed as part of the court costs the fee charged by any physician or any agency administering tests pursuant to a permit issued in accordance with Neb. RS 60-6, 201, for the tests administered and the analysis thereof if such test was actually made.
(Neb. RS 60-6, 196 through 60-6, 211.11)
It shall be unlawful for any person to operate a motor vehicle
in such a manner as to cause unnecessary noise, spinning or squealing
of tires, skids, slides, abrupt turns or sways or in any other manner
so as to indicate a want of ordinary care and caution that a person
of ordinary prudence would use under like circumstances. (Neb. RS
60-4, 182)
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 that 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 1 1/2 lengths of the vehicle. (Neb. RS 60-6, 169; 60-680)
It shall be unlawful for any person to stop any vehicle on any
public street or alley, 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. (Neb. RS 60-6, 166; 60-680)
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. (Neb. RS 60-6, 136)
The driver of a vehicle about to be overtaken and passed by
another vehicle shall not increase the speed of his vehicle until
completely passed by the overtaking vehicle. (Neb. RS 60-6, 133)
Two or more vehicles shall not be driven abreast except when
passing, or when traversing a multi-lane or one-way street; provided
that motorcycles may be driven no more than two abreast in a single
lane. (Neb. RS 60-6, 139; 60-6, 308)
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.
(Neb. RS 39-629)[1]
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. (Neb. RS 60-6, 179)
No person shall permit any rope, strap, chain or other article
to drop behind any vehicle while in use on the streets, except persons
operating vehicles transporting gasoline, benzene or other flammable
materials. (Neb. RS 60-680)
No person shall drive any vehicle over or across any newly laid
pavement in any public street, across or around which pavement there
is a barrier or over or near which there is a person or a sign warning
persons not to drive over or across such pavement. No person shall
drive a vehicle over, against or upon any traffic barrier or sign
stating that the street or alley is closed.
No person shall permit any other person to ride on the running
board, hood, top, or fenders of any motor vehicle; nor shall any person
ride on the running board, hood, top, or fenders of any motor vehicle.
(Neb. RS 60-6, 179; 60-680)
No motor vehicle or livestock shall be driven or ridden within
any sidewalk space, except a permanent or temporary driveway. (Neb.
RS 16-210; 60-6, 178)
A.
All vehicles, before crossing a sidewalk when emerging from a garage,
alley, filling station or other place within the Central Business
District, shall come to a complete stop, and, after giving sufficient
warning, shall proceed slowly while crossing such sidewalk or leaving
such garage, alley, filling station or other place. The term "slowly"
shall be construed to mean such rate of speed as is reasonable and
proper under the circumstances and the condition of the street and
the traffic thereon.[1]
B.
Every driver of any vehicle when approaching or about to drive over
any sidewalk or sidewalk space, except at a street intersection or
at an alley intersection, shall bring such vehicle to a complete stop
and shall then proceed in a careful and cautious manner, having due
regard for the use of such sidewalk or sidewalk space by pedestrians.
Every motor vehicle operated within this municipality shall
be provided with a muffler in good working order to prevent excessive
or unusual noise or smoke. 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.
It shall be unlawful to use a "muffler cutout" on any motor vehicle
upon any streets; provided that the provisions of this section shall
not apply to authorized emergency vehicles. (Neb. RS 60-6, 286; 60-6,
371)
It shall be unlawful for any person to stand on the traveled
portion of any street or alley for the purpose of soliciting rides
from the driver of a vehicle.
The person in charge of any garage or repair shop at which has
been left a motor vehicle of unknown ownership for a period of 15
consecutive days without being removed by its owner or any other person
duly authorized to remove the same shall report to the Police Department,
giving the name, engine number, manufacturer's serial number, registration
plate number, and the name and address of the person abandoning same,
if known.
No advertising vehicle shall be allowed in any street or alley
in the City. Nothing herein contained shall prevent the putting of
business notices upon ordinary business vehicles, so long as such
business vehicle is engaged in the usual business or regular work
of the owner and not used merely or primarily for advertisement. No
motor vehicle shall have any poster, sign, picture or advertising
material on the windshield or glass of the side or rear window thereof
and no person shall, by himself or through his agent, place or post
any poster, sign, picture or advertising material on the windshield
or glass of either his own motor vehicle or that of any other person.
A.
The driver of any vehicle involved in an accident upon a public highway,
private road, or private drive resulting in injury or death to any
person shall:
(1)
Immediately stop such vehicle at the scene of the accident.
(2)
Give his name, address, and the registration number of his vehicle,
and exhibit his operator's or chauffeur's license to the person struck,
or the driver, or occupants, of any vehicle collided with.
(3)
Render to any person injured in such accident reasonable assistance,
including the carrying of such person to a physician or surgeon for
medical or surgical treatment if it is apparent that such treatment
is necessary, or is requested by the injured person.
B.
The driver of any vehicle involved in an accident, whether upon the
public highway, private road, or private drive, resulting in damage
to property shall:
(1)
Immediately stop such vehicle at the scene of the accident.
(2)
Give his name, address, and the registration number of his vehicle,
and exhibit his operator's, or chauffeur's license to the owner of
the property struck, or the driver, or occupants of any other vehicle
involved in the collision.
(Neb. RS 60-696, 60-697)
C.
Every
person convicted of violating the provisions of this section relative
to the duty to stop in the event of certain accidents shall be punished
by a fine of not more than $100. (Neb. RS 60-697; 60-698)
A.
The
Chief of Police and police officers shall direct all traffic in conformity
with the law, or in the event of a fire or other emergency, or to
expedite traffic or to ensure safety as conditions may require, notwithstanding
the provisions of law. (Neb. RS 81-2005)
B.
The
Municipal Police are hereby authorized, empowered, and ordered to
exercise all powers and duties in 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. (Neb. RS 60-683)
C.
Refusal
to obey. It shall be unlawful for any person to refuse, or fail to
comply with, any lawful order, signal, or direction of a police officer.
D.
Traffic
officers. The governing body or the Municipal Police 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.
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. (Neb. RS 60-6, 222; 60-680; 60-683)
When any vehicle shall be loaded in such a manner that any portion
of the load extends more than four feet beyond the rear of the bed
or the body of such vehicle, a red flag of not less than 12 inches
both in length and width shall be carried by day, and a red light
after sunset, at the extreme rear end of such load plainly visible
under normal atmospheric conditions at least 200 feet from the rear
of such vehicle. (Neb. RS 60-6, 243)
All vehicles used for carrying coal, earth, cinders, sand, gravel,
rock, asphalt, tar, or any similar substance shall be so constructed
as to prevent the sifting or spilling of any of the contents. (Neb.
RS 60-6, 304)
[Amended 9-21-1982 by Ord. No. 25-82]
A.
It shall be unlawful for any person to operate or possess any radar
transmission device while operating a motor vehicle on any road, street,
highway, or interstate highway in this municipality; except that this
section shall not apply to any such device which has been lawfully
licensed by the Federal Communications Commission or is being used
by law enforcement officials in their official duties.
B.
POSSESSION
(1)
(2)
RADAR TRANSMISSION DEVICE
TRANSCEIVER
For purposes of this section, unless the context otherwise requires,
the following terms shall have the meanings indicated:
To have a radar transmission device as defined herein in
a motor vehicle if such device is not:
Disconnected from all power sources; and
In the rear trunk, which shall include the spare tire compartment,
or any other compartment which is not accessible to the driver or
any other person in the vehicle while such vehicle is in operation.
If no such compartment exists in a vehicle, then such device must
be disconnected from all power sources and be placed in a position
not readily accessible to the driver or any other person in the vehicle.
Any mechanism designed to interfere with the reception of
radio microwaves in the electromagnetic spectrum, which microwaves,
commonly referred to as "radar," are employed by law enforcement officials
to measure the speed of motor vehicles.
An apparatus contained in a single housing, functioning alternately
as a radio transmitter and receiver.
|
(Neb. RS 60-6, 275 through 60-6, 276)
|
A.
Any
person who drives any motor vehicle which has or is required to have
an occupant protection system or a three-point safety belt system
shall ensure that all children up to six years of age being transported
by such vehicle use a child passenger restraint system of a type which
meets Federal Motor Vehicle Safety Standard 213 as developed by the
National Highway Traffic Safety Administration, as such standard existed
on January 1, 2009, and which is correctly installed in such vehicle.
B.
Any
person who drives any motor vehicle which has or is required to have
an occupant protection system or a three-point safety belt system
shall ensure that all children six years of age and less than 18 years
of age being transported by such vehicle use an occupant protection
system.
C.
Subsections A and B of this section apply to autocycles and to every motor vehicle which is equipped with an occupant protection system or is required to be equipped with restraint systems pursuant to Federal Motor Vehicle Safety Standard 208, as such standard existed on January 1, 2009, except taxicabs, mopeds, motorcycles, and any motor vehicle designated by the manufacturer as a 1963 year model or earlier which is not equipped with an occupant protection system.
D.
Whenever any licensed physician determines, through accepted medical procedures, that use of a child passenger restraint system by a particular child would be harmful by reason of the child's weight, physical condition, or other medical reason, the provisions of Subsection A or B of this section shall be waived. The driver of any vehicle transporting such a child shall carry on his or her person or in the vehicle a signed written statement of the physician identifying the child and stating the grounds for such waiver.
G.
All
persons being transported by a motor vehicle operated by a holder
of a provisional operator's permit or a school permit shall use such
motor vehicle's occupant protection system or a three-point safety
belt system.
[Amended 7-7-1992 by Ord.
No. 15-92; 8-7-2007 by Ord. No. 16-07; 4-15-2008 by Ord. No. 7-08]
A.
Speed limits on U.S. Highway No. 34. No person shall operate a motor
vehicle within the City on U.S. Highway No. 34 at a rate in excess
of the following limits:
|
Location
|
Speed Limit
(mph)
| |
|---|---|---|
|
From 4th Street to 100 feet east of Bemis Drive
|
35
| |
|
From 8th Street to 4th Street
|
25
| |
|
From 100 feet east of Bemis Drive to 1,320 feet east of the
east end of the Plum Creek Bridge
|
45
| |
|
From 500 feet west of 14th Street to BNSF railroad crossing
|
40
| |
|
Beginning at the west corporate limits to 500 feet west of 14th
Street
|
50
| |
|
From the BNSF railroad crossing to 8th Street
|
35
|
B.
Speed limits on Nebraska State Highway No. 15. No person shall operate
a motor vehicle within said City on Nebraska State Highway No. 15
at a rate of speed in excess of the following limits:
|
Location
|
Speed Limit
(mph)
| |
|---|---|---|
|
From 400 feet south of Ash Street to Main Street
|
30
| |
|
From 600 feet north of Fletcher Road to 1,000 feet south of
Izaak Walton Road
|
55
| |
|
From 290 feet north of Hillcrest Drive to 300 feet north of
Pinewood Avenue
|
40
| |
|
From 1,000 feet south of Izaak Walton Road to 400 feet south
of Ash Street
|
50
| |
|
From Main Street to Roberts Street
|
25
| |
|
From 300 feet north of Pinewood Avenue to 500 feet north of
Graham Park Drive
|
55
| |
|
From Roberts Street to 290 feet north of Hillcrest Drive
|
35
|
