[Added 3-17-1992 by Ord.
No. 9-92]
[Amended 9-6-1994 by Ord.
No. 54-94; 1-16-1996 by Ord. No. 4-96; 1-6-1998 by Ord. No. 2-98]
A.
The governing body may designate parking spaces for the exclusive
use of: 1) handicapped or disabled persons whose motor vehicles display
the distinguishing license plates issued to handicapped or disabled
persons pursuant to Neb. RS 60-3, 113 through 60-3, 113.08; 2) handicapped
or disabled persons whose motor vehicles display a distinguishing
license plate issued to a handicapped or disabled person by another
state; 3) such other handicapped or disabled persons or temporarily
handicapped or disabled persons, as certified by the municipality,
whose motor vehicles display the permit specified in Neb. RS 18-1741.01
through 18-1741.07; and 4) such other motor vehicles, as certified
by the municipality, which display such permit. All such permits shall
be displayed by attaching the permit to the motor vehicle's rearview
mirror so as to be clearly visible through the front windshield. When
there is no rearview mirror, the permit shall be displayed on the
dashboard.[1]
B.
If the governing body so designates a parking space, it shall be
indicated by posting above ground and immediately adjacent to and
visible from each space a sign which is in conformance with the Manual
on Uniform Traffic Control Devices. 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.
(Neb. RS 18-1741.01 through 18-1741.07)
The governing body and any person in lawful possession of any
off-street parking facility may designate stalls or spaces in such
facility for the exclusive use of: 1) handicapped or disabled persons
whose vehicles display the distinguishing license plates issued to
such individuals pursuant to Neb. RS 60-3, 113 through 60-3, 113.08;
2) such other handicapped or disabled persons or temporarily handicapped
or disabled persons, as certified by the municipality, whose vehicles
display the permit specified in Neb. RS 18-1741.01 through 18-1741.07;
and 3) such other motor vehicles, as certified by the municipality,
which display such permit. Such designation shall be made by posting
above ground immediately adjacent to and visible from each stall or
space a sign which is in conformance with the Manual on Uniform Traffic
Control Devices. (Neb. RS 18-1741.01 through 18-1741.07)
[Amended 9-6-1994 by Ord.
No. 52-94; 1-16-1996 by Ord. No. 5-96; 1-6-1998 by Ord. No. 4-98]
As used in this article, the following terms shall have the
meanings indicated:
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, orthotic, or other assistive 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.
The violation of any section of this article regulating:[1]
The use of parking spaces, including access aisles, designated
for use by handicapped or disabled persons; or
The obstruction of any wheelchair ramps constructed or created
in accordance and in conformity with the federal Americans with Disabilities
Act of 1990; or
The unauthorized possession, use or display of handicapped or
disabled parking permits.
Any handicapped or disabled person whose personal mobility
is expected to be limited in such a manner for no longer than one
year.
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(Neb. RS 18-1741.01 through 18-1741.07)
|
[Amended 1-16-1996 by Ord. No. 6-96; 1-6-1998 by Ord. No. 6-98]
A.
The Municipal Clerk shall take an application 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
provided for by this article when the holder of the permit will enter
or exit the motor vehicle while it is parked in such areas. For purposes
of this section, the handicapped or disabled person or temporarily
handicapped or disabled person shall be considered the holder of the
permit.
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 signed by a physician, physician assistant,
or nurse practitioner certifying that the person who will be the holder
meets the definition of "handicapped or disabled person" or "temporarily
handicapped or disabled person." In the case of a temporarily handicapped
or disabled person, the certifying physician, physician assistant,
or nurse practitioner 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.
D.
A person may hold only one permit under this section and may hold either a permit under this section or a permit under § 382-5.5, but not both.
E.
The Municipal 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.
(Neb. RS 18-1741.01 through 18-1741.07)
[Amended 1-16-1996 by Ord. No. 7-96; 1-6-1998 by Ord. No. 6-98]
A.
The Municipal Clerk shall 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 handicapped
or disabled persons or temporarily handicapped or disabled persons
to park in those spaces provided 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 was
issued is being used for the transportation of a handicapped or disabled
person or temporarily handicapped or disabled person and such person
will enter or exit the motor vehicle while it is parked in such designated
spaces.
C.
A person applying for a permit or for the renewal of a permit pursuant
to this section shall apply for a permit for each motor vehicle used
for the transportation of handicapped or disabled persons or temporarily
handicapped or disabled persons, shall complete such forms as are
provided to the Municipal Clerk by the Department of Motor Vehicles,
and shall demonstrate to the Municipal Clerk that each such motor
vehicle is used primarily for the transportation of handicapped or
disabled persons or temporarily handicapped or disabled persons. A
copy of the completed application form shall be given to each applicant.
D.
No more than one such permit shall be issued for each motor vehicle. A person may hold either a permit under this section or a permit under § 382-5.4, but not both.
E.
The Municipal 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.
(Neb. RS 18-1741.01 through 18-1741.07)
[Amended 3-5-1996 by Ord.
No. 14-96; 1-6-1998 by Ord. No. 7-98]
A.
The permit issued for handicapped or disabled parking shall be constructed
of a durable plastic designed to resist normal wear or fading for
the term of the permit's issuance and printed so as to minimize the
possibility of alteration following issuance. The permit shall be
of a design, size, configuration, color, and construction and contain
such information as specified in the rules and regulations adopted
and promulgated by the United States Department of Transportation
in the Uniform System for Parking for Persons with Disabilities, 23
CFR Part 1235.
B.
In addition to the requirements of Subsection A of this section, the permit shall show such identifying information with regard to the handicapped or disabled person or temporarily handicapped or disabled person to whom it is issued as is necessary to the enforcement of this article.
C.
No permit shall be issued to any person or for any motor vehicle if any parking permit has been issued to such person or for such motor vehicle if such permit has been suspended pursuant to § 382-5.8. At the expiration of such suspension, a permit may be renewed upon the payment of the permit fee.
D.
A duplicate permit may be provided without cost if the original permit
is destroyed, lost, or stolen. Such duplicate permit shall be issued
in the same manner as the original permit, except that a newly completed
medical form need not be provided if a completed medical form submitted
at the time of the most recent application for a permit or its renewal
is on file with the Municipal Clerk. A duplicate permit shall be valid
for the remainder of the period for which the original permit was
issued.
(Neb. RS 18-1741.01 through 18-1741.07)
[Amended 9-6-1994 by Ord.
No. 53-94; 3-5-1996 by Ord. No. 13-96; 1-6-1998 by Ord. No. 8-98; 8-7-2007 by Ord. No. 19-07[1]]
All permanently issued permits for handicapped or disabled parking
issued on or after August 1, 2005, shall be valid for a period ending
on the last day of the month of the applicant's birthday in the third
year after issuance and shall expire on that day. (Neb. RS 18-1741.01
through 18-1741.07)
[Amended 1-6-1998 by Ord.
No. 9-98]
A permit issued under this article 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. No person shall alter or reproduce in any manner a permit
issued pursuant to this article. No person shall knowingly hold more
than one permit or knowingly provide false information on an application
for a permit. Any violation of this section shall be cause for suspension
of such permit for a period of six months. In addition, the trial
court shall impose a fine of not more than $250, which may be waived
by the court if, at the time of sentencing, all handicapped parking
permits issued to or in the possession of the offender are returned
to the court. At the expiration of such six-month period, a suspended
permit may be renewed upon payment of the permit fee. (Neb. RS 18-1741.01
through 18-1741.07)
[Amended 1-6-1998 by Ord.
No. 11-98]
A.
The owner or person in lawful possession of an off-street parking
facility, after notifying the Police or Sheriff's Department, and
the municipality 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 and visible from such stall or space a sign which clearly and conspicuously
states the area so designated is a tow-away zone.[1]
B.
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 designated 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 § 382-5.3 and shall be subject to the procedures set forth in § 382-5.10 and the penalty provided for in this chapter. 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. If the identity of the person who parked 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 in this chapter.
C.
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 municipality of a violation of this section
prior to the municipality issuing the violator a handicapped parking
infraction citation.
(Neb. RS 18-1741.01 through 18-1741.07)
[Amended 1-6-1998 by Ord.
No. 10-98]
A.
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.
B.
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 the 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 cited is 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.
One copy of the handicapped parking citation shall be delivered to
the person cited or attached to the offending motor vehicle.
C.
At least 24 hours before the time set for the appearance of the cited
person, either the Municipal 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.
D.
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.
E.
For any handicapped parking citation issued for a handicapped parking
infraction by reason of the failure of a vehicle to display a handicapped
parking permit issued pursuant to Neb. RS 18-1741.01 through 18-1741.07,
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 included on the citation, 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 18-1741.01 through 18-1741.07 and that the peace officer has personally
viewed the permit.[1]
(Neb. RS 18-1741.01 through 18-1741.07)
