Article 2 - Parking
ARTICLE 2 – PARKING
SECTION 4-201: GENERALLY
SECTION 4-202: REGULATION BY CITY COUNCIL
SECTION 4-203: CURBS PAINTED
SECTION 4-204: MAXIMUM TIME LIMIT
SECTION 4-205: ANGLE PARKING PROHIBITED FOR CERTAIN VEHICLES
SECTION 4-206: PARKING OF CERTAIN VEHICLES PROHIBITED
SECTION 4-207: ANNUAL TRAILER PARKING RESTRICTIONS
SECTION 4-208: ALLEYS; OBSTRUCTION; LOADING AND UNLOADING
SECTION 4-209: LICENSE PLATES REQUIRED
SECTION 4-210: OBSTRUCTING TRAFFIC
SECTION 4-211: OBSTRUCTING PRIVATE DRIVEWAY
SECTION 4-212: VEHICLE OVERHANGING ADJACENT PROPERTY
SECTION 4-213: VEHICLE PARKED IN SIDEWALK SPACE
SECTION 4-214: EMERGENCY VEHICLES; EXCEPTION
SECTION 4-215: FIRE STATION AND HYDRANTS
SECTION 4-216: SNOW REMOVAL; STREET MAINTENANCE OR CLEANING
SECTION 4-217: DISPLAY OR REPAIR OF VEHICLE
SECTION 4-218: HANDICAPPED AND DISABLED PERSONS
SECTION 4-219: RESIDING IN PARKED VEHICLE PROHIBITED
SECTION 4-220: REMOVAL OF ILLEGALLY PARKED VEHICLES
SECTION 4-221: SCHEDULE OF FINES; FAILURE TO PAY WITHIN FIVE DAYS; NOTICE
SECTION 4-222: FAILURE TO PAY AFTER NOTICE; PROSECUTION
SECTION 4-223: VIOLATION; PRESUMPTION
SECTION 4-224: CITATION
SECTION 4-201: GENERALLY
A. Except as otherwise provided in this section, any vehicle stopped or parked upon a two-way roadway where parking is permitted shall be so stopped or parked with the right-hand wheels parallel to and within 12 inches of the right-hand curb or edge of such roadway. No vehicle shall be parked upon a roadway when there is a shoulder adjacent to the roadway which is available for parking.
B. Except when otherwise provided by the City Council, every vehicle stopped or parked upon a one-way roadway shall be so stopped or parked parallel to the curb or edge of such roadway, in the direction of authorized traffic movement, with its right-hand wheels within 12 inches of the right-hand curb or edge of the roadway or its left-hand wheels within 12 inches of the left-hand curb or edge of such roadway.
C. The City Council may permit angle or center parking on any roadway, except that angle or center parking shall not be permitted on any federal-aid highway or on any part of the state highway system unless the director-state engineer has determined that such roadway is of sufficient width to permit angle or center parking without interfering with the free movement of traffic.
D. The City Council may prohibit or restrict stopping, standing, or parking on highways under its jurisdiction and erect and maintain proper and adequate signs thereon. No person shall stop, stand, or park any vehicle in violation of the restrictions stated on such signs.
E. Where stalls are designated either on the curb or pavement, vehicles shall be parked within those stalls.
F. Vehicles must not be parked at any curb in such a position as to prevent another vehicle already parked at the curb from moving away. (Neb. Rev. Stat. §§60-6,167, 60-680)
SECTION 4-202: REGULATION BY city council
A. The City Council 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. 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.
B. The City Council 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. Rev. Stat. §§60-6,167, 60-680)
C. The City Council may by ordinance designate certain streets, alleys, or public ways where vehicles, regardless of length, shall be permitted to load or unload freight. Vehicles so designated shall park upon said streets, alleys, or public ways in such manner that other vehicles may pass.
D. The City Council may by resolution entirely prohibit or fix a time limit for the parking and stopping of vehicles on any street, streets, or district designated by such resolution; and the parking or stopping of any vehicle in any such street, streets, or district, for a period of time longer than fixed in such resolution shall constitute a violation of this article. (Neb. Rev. Stat. §60-680)
SECTION 4-203: CURBS PAINTED
It shall be the duty of the public works foreman to cause the curb space to be painted and keep the same painted. No person, firm, or corporation shall paint the curb of any street or in any manner set aside or attempt to prevent the parking of vehicles in any street or part thereof, except at such places where the parking of vehicles is prohibited by the provisions of this chapter. The marking or designating of portions of streets or alleys where the parking of vehicles is prohibited or limited shall be done only by the city through its proper officers, at the direction of the City Council.
A. The use of red paint upon the curb of any street shall indicate that parking and stopping of vehicles is entirely prohibited.
B. The use of yellow or orange paint upon the surface of the streets at crosswalks shall indicate pedestrian lanes and the location of crosswalks. (Neb. Rev. Stat. §60-680)
Section 4-204: MAXIMUM TIME LIMIT
The parking of a motor vehicle on a public street for over 72 consecutive hours is unlawful, except where a different maximum time limit is posted. If it is reasonably necessary for additional time to load, unload or render a service, the maximum parking period may be extended. (Neb. Rev. Stat. §60-680) (Am. Ord. No. 16-09-01, 9/27/16)
section 4-205: ANGLE PARKING PROHIBITED FOR CERTAIN VEHICLES
Vehicles having an overall length, including load, of 18 feet or more shall not be allowed to park in any location where angle parking is designated.
section 4-206: PARKING OF CERTAIN VEHICLES PROHIBITED
A. Except for pickup trucks, it shall be unlawful for any owner or operator of commercial vehicles, including trucks, trailers, tractor-trailers, semi-tractors, semi-trailers, motor carriers, common carriers, or contract carriers to park or leave the same standing on any street. Said vehicles may be allowed to temporarily park or leave standing as necessary for loading, unloading or providing a service during the hours of 8:30 a.m. and 6:30 p.m.
B. Except for the time necessary to load or unload its contents, it is unlawful for the owner or operator of any petroleum transport truck to park or leave standing such truck within 75 feet of any building used for dwelling purposes.
C. Notwithstanding the restrictions stated herein, commercial vehicles are allowed to park for no more than 72 continuous hours.
1. On Central Avenue, except between Sixth and Ninth Streets on the east and west sides;
2. On First Street; and
3. In designated truck parking areas. (Am. Ord. No. 16-09-01, 9/27/16)
section 4-207: ANNUAL TRAILER PARKING RESTRICTIONS
From October 1 through March 31 of each year, it shall be unlawful for any owner or operator to park or leave standing any trailer, mobile home, recreational vehicle, travel trailer, boat, boat trailer, pontoon, pontoon trailer, utility trailer, commercial trailer, pickup camper, horse trailer, or any farm or construction machinery or trailer of any kind upon the public streets or alleys of the city, except for the time reasonably necessary to load, unload, or render a service. (Am. Ord. No. 16-09-01, 9/27/16)
SECTION 4-208: ALLEYS; OBSTRUCTION; LOADING AND UNLOADING
A. No vehicle while parked shall have any portion thereof projecting into any alley entrance.
B. 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 30 minutes. 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. Rev. Stat. §60-680)
SECTION 4-209: LICENSE PLATES REQUIRED
Every vehicle parked or left standing upon any street, alley, public way or public property shall have license plates attached thereto which are issued for the vehicle to which said license plates are attached and are registered in the name of the owner of the vehicle in accordance with the laws of the State of Nebraska or of the state wherein the license is issued. If any vehicle is found upon any street or alley in violation of this article and the identity of the driver cannot be determined, the owner or person in whose name such vehicle is registered shall be held prima facie responsible for such violation.
SECTION 4-210: OBSTRUCTING TRAFFIC
Except in case of an accident or emergency, no person shall stop any vehicle (A) in any location where such stopping will obstruct any street, intersection, or entrance to an alley or public or private drive or (B) alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic. (Neb. Rev. Stat. §§60-680, 60-6,166)
SECTION 4-211: OBSTRUCTING PRIVATE DRIVEWAY
Except as otherwise provided herein, it shall be unlawful for any person to stop or park any vehicle so as to obstruct a private driveway in any manner, which includes stopping or parking any vehicle within 5 feet of the outer portion of a curb cut on a private driveway. (Neb. Rev. Stat. §60-6,166)
SECTION 4-212: VEHICLE OVERHANGING ADJACENT PROPERTY
It shall be unlawful for any person to park or place, or cause to be parked or placed, any motor vehicle or other vehicle on any private property in such a manner that the vehicle overhangs the street, including that space between the curb line and the lot line, or in such a manner that the vehicle overhangs adjacent property.
SECTION 4-213: VEHICLE PARKED IN SIDEWALK SPACE
It shall be unlawful for any person to park, place, or cause to be parked or placed any motor vehicle or other vehicle upon any part of the sidewalk space or on a crosswalk. (Neb. Rev. Stat. §60-6,166)
SECTION 4-214: EMERGENCY VEHICLES; EXCEPTION
The provisions of this article regulating the movement, parking, and standing of vehicles shall not apply to any authorized emergency vehicle while the driver of such vehicle is operating the same in an emergency. (Neb. Rev. Stat. §60-6,114)
Section 4-215: Fire STATION AND HYDRANTS
No vehicle shall be parked (A) within 15 feet in either direction of any fire hydrant; (B) within 20 feet of the driveway entrance to any fire station; nor (C) on the side of the street opposite the entrance to any fire station within 75 feet of such entrance when properly signposted. Any vehicle or material found as an obstruction may be immediately removed by the fire chief or any member of the Fire Department at the risk, cost, and expense of the owner or claimant. (Neb. Rev. Stat. §60-6,166)
SECTION 4-216: SNOW REMOVAL; STREET MAINTENANCE OR CLEANING
The City Council shall have the power to order any street, alley, or portion thereof vacated for weather emergencies and street maintenance or street cleaning. Notice shall be given by posting appropriate signs along such streets or alleys or personally notifying the owner or operator of a vehicle parked on such street or alley. Any person parking a vehicle in violation of this section shall be subject to the penalties provided in this chapter and such vehicle may be removed and parked under the supervision of city personnel to a suitable nearby location without further notice to the owner or operator of such vehicle. (Neb. Rev. Stat. §17-557)
SECTION 4-217: DISPLAY OR REPAIR OF VEHICLE
It shall be unlawful for any person to park upon any street, alley, or public place within the city any vehicle displayed for sale. No person shall adjust or repair any automobile or motorcycle or race the motor of same while on the public streets or alleys of this city, except in case of breakdown or other emergency. 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. Rev. Stat. §60-680)
SECTION 4-218: HANDICAPPED AND DISABLED PERSONS
The City Council adopts and promulgates the rules and regulations necessary to fulfill the duties and obligations provided in Neb. Rev. Stat. §§18-1736 to 18-1741.07, providing for parking for handicapped and disabled persons.
section 4-219: RESIDING IN PARKED VEHICLE PROHIBITED
It shall be unlawful for any person at any time to reside in any mobile home, recreational vehicle, travel trailer, pickup camper, or in any vehicle or trailer of any kind parked upon the public streets or alleys of the city. (Am. Ord. No. 16-09-01, 9/27/16)
SECTION 4-220: REMOVAL OF ILLEGALLY PARKED VEHICLES
A. Whenever any police officer shall find a vehicle standing upon a street or alley in violation of any of the provisions of this article, such officer 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 reasonable towing and storage fees as set by resolution of the City Council. Any such towing or storage fees 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. Rev. Stat. §§60-6,165, 60-680)
SECTION 4-221: schedule of fines; FAILURE TO PAY WITHIN FIVE DAYS; NOTICE
A. Any violator of this chapter appearing at city hall and desiring to plead guilty and waive a court appearance shall present the official police citation and pay the city clerk according to the following schedule, based upon elapsed time from the occurrence of the violation. Such violation amounts shall be as set by the City Council and kept on file in the city office.
1. One to five days, excluding weekends and legal holidays
2. Over five days, excluding weekends and legal holidays
B. Should any such fine and administrative costs not be paid within the five-day period as noted in subsection (A) above, the city clerk shall send to the owner of the motor vehicle to which the official police citation was affixed a written notice informing the owner of the violation and warning that he or she will be held responsible for the fine and that in the event that the violator or owner of the vehicle to which the official police citation was attached fails to appear at the city clerk's office within ten days, after the date of issuance of such written notice, excluding weekends and legal holidays, a complaint will be issued. (Ord. No. 08-11-04, 11/11/08)
SECTION 4-222: FAILURE TO PAY AFTER NOTICE; PROSECUTION
In the event that a violator fails to appear in response to notice within ten days of the notice, excluding weekends and legal holidays, the violator or the owner of the offending motor vehicle shall be liable to prosecution in county court for the offense or offenses charged and subject to the penalty provided for in Section 4-701.
SECTION 4-223: violation; PRESUMPTION
In any prosecution charging a violation of any provision of this chapter, proof that the particular vehicle described in the citation was parked in violation of this chapter, together with proof that the defendant named in the complaint was at the time of the parking the registered owner of the vehicle, shall constitute in evidence a prima facie presumption that the registered owner of the vehicle was the person who parked or placed the vehicle at the point where and for the time during which the violation occurred.
SECTION 4-224: CITATION
It shall be the duty of the police officers of the city, whenever they observe a violation of this chapter, to attach to the vehicle at the time the vehicle is found in violation a citation to the owner or operator thereof that the vehicle is or has been parked in violation of a provision of this chapter. The citation shall describe the violation and instruct the owner or operator to report to the city clerk's office in regard to the violation.