TITLE 7. TRAFFIC CODETITLE 7. TRAFFIC CODE\Chapter 72: Parking Regulations

(A)  No person shall park any vehicle, or approach the curb with a vehicle, except when headed in the direction of the traffic.

(B)  Vehicles, when parked, shall stand parallel with and adjacent to the curb or edge of the roadway, in such manner as to have both right wheels within 12 inches of the curb or edge of the roadway, and so as to leave at least four feet between the vehicle so parked and any other parked vehicles, except where the governing body designates that vehicles shall be parked at an angle so as to have the front right wheel at the curb or edge of the roadway.

(C)  Where stalls are designated either on the curb or pavement, vehicles shall be parked within such stalls.

(D)  No vehicle shall be parked upon a roadway when there is a shoulder adjacent to the roadway which is available for parking.

(Neb. RS 60-680, 60-6,167; 1999 Code, § 5-301)

The governing body may, by resolution, designate any street, or portion thereof, where vehicles shall be parked parallel with and adjacent to the curb or at an angle so as to have the right front wheel at the curb.

(Neb. RS 60-6,167, 60-680; 1999 Code, § 5-302)

(A)  The governing body may, by resolution, set aside any street, alley, public way or portion thereof where the parking of a particular kind or class of vehicle shall be prohibited, or where the parking of any vehicle shall be prohibited.

(B)  No vehicle prohibited from parking thereon shall stand or be parked adjacent to the curb of said street, alley, public way or portion thereof, longer than a period of time necessary to load and unload freight or passengers.

(Neb. RS 60-680; 1999 Code, § 5-303)

(A)  No vehicle shall be parked in any alley, except for the purpose of loading or unloading during the time necessary to load or unload, which shall not exceed the maximum limit of one-half hour.

(B)  Every vehicle while loading or unloading in any alley shall be parked in such manner as will cause the least obstruction possible to traffic in such alley.

(Neb. RS 60-680; 1999 Code, § 5-304)

Vehicles of an over-all length of less than 20 feet, including load, while discharging or loading freight may back to the curb, but shall occupy as little of the street as possible.

(Neb. RS 60-680; 1999 Code, § 5-305)

(A)  No vehicle shall be parked within 15 feet in either direction of any fire hydrant nor within 20 feet of the driveway entrance to any fire station.

(B)  The curb space within such area of 15 feet in either direction of such fire hydrant shall be painted red to indicate such prohibition.

(Neb. RS 60-6,166; 1999 Code, § 5-306)

The governing body may, by resolution, prohibit the parking or stopping except for loading or unloading of passengers or freight, of vehicles at the curb on streets directly in front of any entrance to a school house, school building or theater, and such curbs adjacent to the entrance of said school house, school building or theater shall be painted red to indicate such prohibition.

(Neb. RS 60-680; 1999 Code, § 5-307)

Except in compliance with traffic control devices, no vehicle shall be parked or left standing for any purpose, except momentarily to load or discharge passengers, within 25 feet of the intersection or curb lines, or if none, then within 15 feet of the intersection of property lines, nor where said curb lines are painted red to indicate such prohibition.

(Neb. RS 60-6,166; 1999 Code, § 5-308)

No person shall, except in case of an accident or emergency, stop any vehicle in any location where such stopping will obstruct any street, intersection or entrance to an alley or public or private drive.

(Neb. RS 60-680; 1999 Code, § 5-309)

It shall be unlawful to park, or place on the streets, alleys or other public property any motor vehicle without first securing a current license as provided by law, and no such licensed motor vehicle shall be allowed to stand for a longer period than 24 hours.

(Neb. RS 60-323; 1999 Code, § 5-310)

(A)  No person shall adjust or repair any automobile or motorcycle, or race the motor of same, while standing on the public streets or alleys of this municipality, excepting in case of breakdown or other emergency requiring same.

(B)  No person or employee connected with a garage or repair shop shall use sidewalks, streets or alleys in the vicinity of such garage or shop for the purpose of working on automobiles or vehicles of any description.

(Neb. RS 60-680; 1999 Code, § 5-311)

The governing body may, by resolution, entirely prohibit or fix a time limit for the parking and stopping of vehicles and/or trailers in any street, streets or district designated in such resolution, and the parking or stopping of any vehicle and/or trailer in any such street, streets or district for a period of time longer than fixed in such resolution shall constitute a violation of this chapter.

(Neb. RS 60-680; 1999 Code, § 5-312)

(A)  Maximum limit for parking. No person shall park or leave standing any automobile, truck, semi tractor/trailer, utility trailer or any 2 wheel or 4 wheel vehicle upon any street or alley within the city limits of Hebron, Nebraska where parking is permitted or allowed for a period of time longer than 48 consecutive hours.

(B)  Angle parking. See Chapter 75, Schedule I.

(C)  Parallel parking. On streets and avenues elsewhere within the corporate limits, unless otherwise indicated by stalls, traffic signs or standards, all vehicles and/or trailers when parked, shall stand parallel with and adjacent to the curb.

(1999 Code, § 5-313; Ord. 957)

(A)  Whenever any police officer shall find a vehicle standing upon a street or alley in violation of any of the provisions of the chapter, such individual may remove or have such vehicle removed, or require the driver or other person in charge of the vehicle to move such vehicle, to a position off the roadway of such street or alley or from such street or alley.

(B)  The owner or other person lawfully entitled to the possession of any vehicle towed or stored shall be charged with the reasonable cost of towing and storage fees. Any such towing or storage fee shall be a lien upon the vehicle prior to all other claims. Any person towing or storing a vehicle shall be entitled to retain possession of such vehicle until such charges are paid. The lien provided for in this section shall not apply to the contents of any vehicles.

(Neb. RS 60-6,165, 60-680; 1999 Code, § 5-325)

(A)  There is hereby created the Bureau of Violations within the powers and duties of the office of the Municipal Clerk. A copy of each citation issued for non-moving traffic violations shall be deposited with the Municipal Clerk, whose duty it shall be to collect all fines and to maintain appropriate and accurate records of all such fines paid to him or her.

(B)  Fines shall be payable at the office of the Clerk. Such fines shall be in the amount of $10 for each violation if paid within 30 days from the date of issuance. Should any fine not be paid within the 30-day period, the Clerk shall ask the appropriate court to issue a warrant for the arrest of the violator. The fine for any such violation after a warrant is issued shall be $15, plus costs.

(1999 Code, § 5-326)

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

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, 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 Parking Infraction. The violation of any section of this chapter regulating: the use of parking spaces 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.

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 one year.

(Neb. RS 18-1741.01 through 18-1741.07; 1999 Code, § 5-315)

(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 60-6,113;

(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.

(B)  When there is no rearview mirror, the permit shall be displayed on the dashboard.

(C)  If the governing body so designates a parking space, it shall be indicated by posting aboveground 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 18-1736, 18-1737; 1999 Code, § 5-316)

(A)  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 motor vehicles display the distinguishing license plates issued to such individuals pursuant to Neb. RS 60-6,113;

(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.

(B)  Such designation shall be made by posting aboveground and 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 18-1737; 1999 Code, § 5-317)

(A)  The Municipal Clerk may 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 chapter when the holder of the permit will enter or exit the motor vehicle while it is parked in such spaces. For purposes of this section, the handicapped or disabled person or temporarily handicapped or disabled person shall be considered the holder of the permit.

(B)  The Municipal Clerk shall not accept the application for a permit of any person making application contrary to the provisions of Neb. RS 18-1741.01 through 18-1741.07.

(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 § 72.34, 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; 1999 Code, § 5-318)

(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 for by this chapter 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.

(B)  The Municipal Clerk shall not accept the application for a permit of any person making application contrary to Neb. RS 18-1741.01 through 18-1741.07.

(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 § 72.33, 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; 1999 Code, § 5-319)

(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 Handicapped Parking, 23 C.F.R. part 1235.

(B)  In addition to the requirements of division (A) above, 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 chapter.

(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 and such permit has been suspended pursuant to § 72.37. 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; 1999 Code, § 5-320)

(A)  All permits authorized under this chapter for handicapped or disabled parking prior to September 10, 1993, shall be issued for a period ending January 1 of the fourth year following the date of issuance. All permits authorized under this chapter for handicapped or disabled parking after September 9, 1993, and before September 10, 1995, shall be issued for a period of three years. Upon the expiration of a permanent permit, it may be renewed pursuant to the provisions of this section and §§ 72.33 or 72.34. All permanently issued permits for handicapped or disabled parking authorized by this subchapter issued prior to August 1, 2005, shall be valid for a period ending on September 30 of the third year after the date of issuance and shall expire on that date. Permanently issued permits issued on or after August 1, 2005, shall be valid for a period ending on the last day of the month of the third year after the date of issuance and shall expire on that date. The possession of an expired but otherwise valid handicapped parking permit with 30 days following the date of its expiration shall serve as a full and complete defense in any action for a handicapped parking infraction resulting from the absence of a handicapped parking permit arising during that 30-day period.

(B)  All permits authorized under this chapter after September 9, 1995, for temporarily handicapped or disabled parking shall be issued for a period ending not more than six months after the date of issuance but may be renewed for a one-time period not to exceed six months. For the renewal period, there shall be submitted an additional application with proof of a handicap or disability and the required permit fee.

(C)  A permit fee of $3 shall be charged for each permit, $2 of which shall be retained by the Municipal Clerk and $1 of which shall be forwarded on a quarterly basis to the State Treasurer for credit to the Department of Motor Vehicles Cash Fund.

(Neb. RS 18-1741.01 through 18-1741.07; 1999 Code, § 5-321)

Permits issued under this chapter 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 chapter. 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. At the expiration of such period, a suspended permit may be renewed upon payment of the permit fee.

(Neb. RS 18-1741.01 through 18-1741.07; 1999 Code, § 5-322)

(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 chapter 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 as a tow-in zone.

(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 § 72.30, and shall be subject to the procedures set forth in § 72.39, and the penalty provided for in this title. 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 title.

(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 18-1737; 1999 Code, § 5-323)

(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.

(Neb. RS 18-1741.01 through 18-1741.07; 1999 Code, § 5-324)

(A)  Any person, or any person’s agent or servant, who violates any of the provisions of this chapter, unless otherwise specifically provided herein, shall be deemed guilty of an offense and upon conviction thereof shall be fined in any sum not exceeding $500. A new violation shall be deemed to have been committed every 24 hours of failure to comply with the provisions of this chapter.

(B)  (1)    Whenever a nuisance exists as defined in this chapter, the municipality may proceed by a suit in equity to enjoin, abate and remove the same in the manner provided by law.

(2)   Whenever, in any action, it is established that a nuisance exists, the court may, together with the fine or penalty imposed, enter an order of abatement as a part of the judgment in the case.

(Neb. RS 17-505, 18-1720, 18-1722; 1999 Code, § 5-401; Ord. 744)