Sec. 24-1.  Definitions. 

 

As used in this chapter, unless the context otherwise requires:

 

Acceleration or deceleration lane shall mean a supplementary lane of a highway laned for traffic, which adjoins the traveled lanes of a highway and connects an approach or exit road with such highway.

 

Alley shall mean a highway intended to provide access to the rear or side of lots or buildings in urban districts and not intended for the purpose of through vehicular traffic.

 

Arterial street shall mean any United States or state numbered route, controlled access highway, or other major radial or circumferential highway designated by local authorities within their respective jurisdictions as a part of a mayor system of highways.

 

Authorized emergency vehicles shall mean such fire division vehicles, police vehicles, and ambulances as are publicly owned, and such other publicly or privately-owned vehicles as are designated by the state director of motor vehicles.

 

Bicycle shall mean every device propelled solely by human power upon which any person may ride, having any number of wheels, any of which is more than eighteen (18) inches in diameter.

 

Bus shall mean every motor vehicle designed for carrying more than ten (10) passengers and used for the transportation of persons, and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation;

 

Business district shall mean the territory contiguous to and including a highway when within any six hundred (600) feet along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, office buildings, railroad stations, or public buildings which occupy at least three hundred (300) feet of frontage on one (1) side or three hundred (300) feet collectively on both sides of a highway.

 

Crosswalk shall mean:

 

(a)       That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of such roadway measured from the curbs or, in the absence of curbs, from the edge of the roadway; or

 

(b)       Any portion of a roadway at an intersection or elsewhere distinctly designated by competent authority and marked for pedestrian crossing by lines, signs, or other devices.

 

Daytime shall mean that period of time between sunrise and sunset.

 

Divided highway shall mean a highway with separated roadways for traffic in opposite directions.

 

Drag race shall mean the operation of two (2) or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more vehicles over a common selected course, each starting at the same point and proceeding to the same point, for the purpose of comparing the relative speeds or power of acceleration of such vehicle or vehicles within a certain distance or time limit.

 

Driver’s license shall mean any operator’s or chauffeur’s license or any other license or permit to operate a motor vehicle issued under the laws of this state, including:

 

(a)       Any temporary license or instruction permit;

 

(b)       The privilege of any person to drive a motor vehicle whether or not such person holds a valid license;

 

(c)       Any nonresident’s operating privilege as defined in R.R.S. 1943, Sections 39-601 to 39-6,122; and

 

(d)       An employment driving permit issued as provided by law.

 

Grade separation shall mean a crossing of two (2) highways at different levels.

 

Highway shall mean the entire width between the boundary limits of any street, road, avenue, boulevard, or way which is publicly-maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

 

Inoperable motor vehicle shall mean any motor vehicle which (1) does not have a current state license plate or (2) which may or may not have a current state license plate, but is disassembled or wrecked in part or in whole, or is unable to move under its own power, or is not equipped as required by Nebraska State Law for operation upon streets or highways.

 

Intersection shall mean the area embraced within the prolongation or connection of the lateral curb lines or, if there are no lateral curb lines, then the lateral boundary lines of the roadways of two (2) or more highways, which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict; provided, that where a highway includes two (2) roadways thirty (30) feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection.  In the event such intersecting highway also includes two (2) roadways thirty (30) feet or more apart, then every crossing of two (2) roadways of such highways shall be regarded as a separate intersection; and provided further, that the junction of an alley with a highway shall not constitute an intersection.

 

Laned roadway shall mean a roadway which is divided into two (2) or more clearly-marked lanes for vehicular traffic.

 

License or license to operate a motor vehicle shall mean the privilege granted by the state to operate a motor vehicle.

 

Licensing authority shall mean the department of motor vehicles.

 

Median shall mean that part of a divided highway, such as a physical barrier or clearly indicated dividing section or space, so constructed as to impede vehicular traffic across or within such barrier, section, or space, or to divide such highway into two (2) roadways for vehicular travel in opposite directions.

 

Median crossover shall mean a connection between roadways of a divided highway the use of which may permit a vehicle to reverse its direction by continuously moving forward.

 

Median opening shall mean a gap in a median provided for crossing and turning traffic.

 

Metal tire shall mean every tire the surface of which in contact with the highway is wholly or partly of metal or other hard nonresilient material.

 

Minibike shall mean a two-wheel motor vehicle which has a total wheel and tire diameter of less than fourteen (14) inches, or an engine-rated capacity of less than forty-five (45) cubic centimeters displacement, or a seat height less than twenty-five (25) inches from the ground, or any other two-wheel motor vehicle primarily designed by the manufacturer thereof for off-road use only.

 

Moped shall mean a bicycle with fully operative pedals for propulsion by human power, an automatic transmission, and a motor with a cylinder capacity not exceeding fifty (50) cubic centimeters, which produces no more than two (2) brake horsepower and is capable of propelling the bicycle at a maximum design speed of no more than thirty (30) miles per hour on level ground.

 

Motor vehicle shall mean every self-propelled land vehicle, not operated upon rails, except mopeds, scooters, power chairs or electric wheelchairs having more than two (2) wheels which are designed for and being utilized by individuals with limited mobility.

 

Motorcycle shall mean every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, but excluding tractors and scooters, power chairs or electric wheelchairs having more than two (2) wheels which are designed for and being utilized by individuals with limited mobility.

 

Motor-driven cycle shall mean every motorcycle, including every motor scooter, with a motor which produces not to exceed five (5) brake horsepower, as measured at the drive shaft, mopeds, and every bicycle with motor attached, but excluding scooters, power chairs or electric wheelchairs having more than two (2) wheels which are designed for and being utilized by individuals with limited mobility.

 

Nighttime shall mean that period of time between sunset and sunrise.

 

Non-moving violation shall mean violations of stopping, standing or parking under Article V of this chapter.

 

Nonresident includes every person who is not a resident of this state.

 

Occupant protection system shall mean a system utilizing a lap belt, a shoulder belt, or any combination of belts installed in a motor vehicle which (a) restrains drivers and passengers and (b) conforms to Federal Motor Vehicle Safety Standards, 49 C.F.R. 571.208, 571.209, and 571.210 or to the federal motor vehicle safety standards for passenger restraint systems applicable for the motor vehicle’s model year.

 

Operator or driver shall mean any person who drives or is in actual physical control of a vehicle.

 

Operator’s license shall mean any license to operate a motor vehicle issued under the laws of this state.

 

Owner shall mean a person who holds the legal title of a motor vehicle, or in the event (a) a motor vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee or (b) a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner.

 

Park or parking shall mean the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.

 

Parking meter shall mean a mechanical device located upon a public street or sidewalk in a place regularly designated as a parking zone, which device shall record a certain number of minutes by the use of clock mechanism determining the period of time for which parking privileges may be extended to the person so depositing a coin.

 

Parking meter zone shall mean a certain designated and marked off section of the public street within the marked boundaries where the vehicles may be temporarily parked and allowed to remain for such period of time as the parking control unit attached thereto may indicate.

 

Pedestrian shall mean any person afoot.

 

Person includes every natural person, firm, partnership, association or corporation.

 

Police officer shall mean any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.

 

Private road or driveway shall mean every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner but not by other persons.

 

Racing shall mean the use of one (1) or more vehicles in an attempt to outgain, outdistance, or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles, or to test the physical stamina or endurance of drivers over long-distance driving routes.

 

Railroad shall mean a carrier of persons or property upon cars, other than streetcars, operated upon stationary rails.

 

Railroad sign or signal shall mean any sign, signal, or device erected by authority of a public body or official or by a railroad intended to give notice of the presence of railroad tracks or the approach of a railroad train.

 

Railroad train shall mean a steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails.

 

Registration shall mean the registration certificate and registration plates issued under the laws of this state pertaining to the registration of vehicles.

 

Residential district shall mean the territory contiguous to and including a highway not comprising a business district when the property on such highway for a distance of three hundred(300) feet or more is in the main improved with residences or residences and buildings in use for business.

 

Right-of-way shall mean the right of one (1) vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed, and proximity as to give rise to danger of collision unless one (1) grants precedence to the other.

 

Roadway shall mean that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder.  If a highway includes two (2) or more separate roadways, the term roadway shall refer to any such roadway separately but not to all such roadways collectively.

 

Safety zone shall mean an area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as such area.

 

School bus shall mean any motor vehicle that complies with the color and identification requirements as provided in the laws of this state, or set forth in the most recent edition of Minimum Standards for School Buses, produced and sponsored by the National Commission on Safety Education of the National Education Association, and is used to transport children to or from school or in connection with school activities, but not including buses operated by common carriers in urban transportation of school children.

 

Shoulder shall mean that part of the highway contiguous to the roadway and designed for the accommodation of stopped vehicles, for emergency use, and for lateral support of the base and surface courses of the railway.

 

Sidewalk shall mean that portion of a highway between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use by pedestrians.

 

Sidewalk space shall mean that portion of a street between the curb line and the adjacent property line.

 

Snowmobile shall mean a self-propelled motor vehicle designed to travel on snow or ice or a natural terrain steering by wheels, skis, or runners and propelled by a belt-driven track with or without steel cleats.

 

Stand or standing shall mean the halting of a vehicle, whether occupied or not, other than temporarily for the purpose of and while actually engaged in receiving or discharging passengers.

 

Stop, when required, shall mean a complete cessation of movement.

 

Stop or stopping, when prohibited, shall mean any halting even momentarily of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control device.

 

Street or highway includes the entire width between property lines of every way or place of whatever nature, when any part thereof is open to the use of the public, as a matter of right or easement, for purposes of vehicular traffic.

 

Traffic shall mean pedestrians, ridden or herded animals, and vehicles and other conveyances either singly or together while using any highway for purposes of travel.

 

Traffic-control device shall mean any sign, signal, marking, or other device not inconsistent with this chapter placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning, or guiding traffic.

 

Traffic-control signal shall mean any signal, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.

 

Urban district shall mean the territory contiguous to and including any street which is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than one hundred (100) feet for a distance of a quarter of a mile or more.

 

Vehicle shall mean every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved solely by human power or used exclusively upon stationary rails or tracks. 

 

Source:  Code 1962, § 10-1-1; Ord. No. 3088, § 27, 9-7-82; Ord. No. 3864, § 1, 4-20-92; Ord. No. 3913, § 1, 11-16-92; Ord. No. 4280, § 1, 7-21-97; Ord. No. 4833, § 4, 10-3-05

State law reference--Similar provisions, R.R.S. 1943, 39-602.

 

Sec. 24-2.  Reserved.

 

Sec. 24-3.  Required obedience to traffic laws; private property used for public road by consent of owner.

 

(a)   The provisions of this chapter relating to operation of vehicles refer exclusively to operation of vehicles upon highways except as provided for in section 1-10 and where a different place is specifically referred to in a given section, but the provisions relative to exhibition driving, negligent driving,  careless driving and reckless driving shall apply upon highways and anywhere throughout the city.

 

(b)   Nothing in this chapter shall be construed to prevent the owner of real property used by the public for the purposes of vehicular travel, by permission of the owner and not as a matter of right, from prohibiting such use nor from requiring other, different, or additional conditions from those specified, or otherwise regulating the use thereof by such owner. 

 

Source:  Ord. No. 4737, § 1, 5-3-04

Cross reference--Application of certain ordinances to parking lots, private property, etc., § 1-10.

State law reference--Similar provisions, R.R.S. 1943, 60-6,108.

 

Sec. 24-4.   Application of chapter to persons riding animals or driving animal-drawn vehicles.

 

(a)   Any person who rides an animal, or drives an animal-drawn vehicle, farm tractor, or an implement of husbandry upon a roadway shall be granted all of the rights and shall be subject to all of the duties made applicable to the driver of a vehicle by this chapter, except those provisions of this chapter, which by their very nature can have no application.

 

(b)   Whenever the slowness of such animal, animal-drawn vehicle, farm tractor, or implement of husbandry is obstructing the normal flow of traffic, the rider or driver thereof shall drive to the nearest available shoulder of the highway and allow traffic to pass. 

 

Source:  Code 1962, § 10-2-6

State law reference--Similar provisions, R.R.S. 1943, 60-6,110 to 60-6,114.

 

Sec. 24-5.  Application of chapter to persons working on highways.

 

Unless specifically made applicable, the provisions of this chapter, except those provisions relative to careless driving and to reckless driving, shall not apply to:

 

(1)       Persons, teams of draft animals, motor vehicles, and other equipment while actually engaged in work upon the surface of a highway but shall apply to such persons and vehicles when traveling to or from such work; or

 

(2)       Government employees and public utility employees to the extent that there would be a conflict between this chapter and the performance of their official duties.

State law reference--Similar provisions, R.R.S. 1943, 60-6,110 to 60-6,114.

 

Sec. 24-6.  Application of chapter to government vehicles.

 

Unless specifically exempted, the provisions of this chapter shall apply to all drivers of vehicles owned or operated on behalf of the United States or any state or political subdivision thereof. 

 

Source:  Code 1962, § 10-2-4

State law reference--Similar provisions, R.R.S. 1943, 60-6,119 to 60-6,121.

 

Sec. 24-7.  Special provisions for authorized emergency vehicles.

 

(a)   The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law, or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions stated in this chapter.

 

(b)   The driver of such emergency vehicle may stop, park, or stand, irrespective of the provisions of this chapter and disregard regulations governing direction of movement or turning in specified directions.

 

(c)   The driver of such emergency vehicle, except wreckers towing disabled vehicles, and highway maintenance vehicles and equipment may also:

 

(1)       Proceed past a steady red signal, a flashing red signal, or a stop sign, but only after slowing down as may be necessary for safe operation; and

(2)       Exceed the maximum speed limits so long as he does not endanger life, limb, or property.

 

(d)   Except for such emergency vehicle operated as a police vehicle, the exemptions granted in this section to such emergency vehicle shall apply only when the driver of such vehicle, while in motion, sounds an audible signal by bell, siren, or exhaust whistle as may be reasonably necessary, and when such vehicle is equipped with at least one (1) lighted lamp displaying a red light visible under normal atmospheric conditions from a distance of five hundred (500) feet to the front of such vehicle.

 

(e)   The provisions of this section shall not relieve the driver of such emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect such driver from the consequences of his reckless disregard for the safety of others.

 

Source:  Code 1962, §§ 10-2-5, 10-9-3

State law reference--Similar provisions, R.R.S. 1943, 60-6,110 to 60-6,114.

 

Sec. 24-8.  Operators’ licenses.

 

(a)   It shall be an offense for a person to operate a vehicle unless he has the driver’s license required by the Motor Vehicle Operator’s License Act of the State of Nebraska.

 

(b)   It shall be an offense for a person to operate a motorcycle on the streets, alleys or public highways of the City of Norfolk unless he has obtained a motorcycle operator’s license or permit required by the Motor Vehicle Operator’s License Act of the State of Nebraska.

 

(c)   It shall be an offense for a person to operate a motor vehicle on the streets, alleys or public highways of the City of Norfolk under a valid learner’s permit issued pursuant to the Motor Vehicle Operator’s License Act of the State of Nebraska, unless he is accompanied at all times by a licensed operator who is at least twenty-one (21) years of age and who is occupying the seat beside the driver, or, in the case of a motorcycle, if he is within visual contact with and under the supervision of a licensed motorcycle operator, or in the case of a moped, a licensed motor vehicle operator.

 

(d)  It shall be an offense for a person to operate a motor vehicle without complying with the terms and conditions as set forth in the Motor Vehicle Operator's License Act of the State of Nebraska and with the conditions attached to any particular license. 

 

Source:  Code 1962, § 10-8-5; Ord. No. 3088, § 28, 9-7-82; Ord. No. 4925, § 1, 2-5-07; Ord. No. 5673, § 1, 7-6-20;

 

 

Sec. 24-9.  Vehicle condition and equipment.

 

It shall be an offense for a person to operate a vehicle unless:

 

(1)       Such vehicle is licensed and registered as required by state law;

 

(2)       Such vehicle is equipped in the manner required by state law and such equipment is used in accordance with law;

 

(3)       The width, length, height and weight of such vehicle complies with state law; and

 

(4)       Such vehicle has the inspection sticker required by state law.

 

Source:  Code 1962, §§ 6-1-28, 10-8-1--10-8-4, 10-8-6--10-8-10

State law references--Vehicle condition, equipment, etc., R.R.S. 1943, 39-6123 et seq.; vehicle registration, R.R.S. 1943, 60-301 et seq.; vehicle licenses, R.R.S. 1943, 60-311 et seq.

 

Sec. 24-10.  Reserved.

 

Editor’s note--Ord. No. 3446, § 1, adopted December 15, 1986, repealed § 24-10, seat belts, in its entirety.  Former § 24-10 derived from Ord. No. 3353, §§ 1-6, adopted October 7, 1985.

 

Sec. 24-11.  Child passenger restraints and occupant protection systems.

 

(a)   Any person within the City who drives any motor vehicle which has or is required to have an occupant protection system, shall ensure that:

 

(1)       All children up to eight (8) years of age being transported in such vehicle (a) 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 the effective date of this section, and which is correctly installed in such vehicle, and all child passenger restraint systems worn are properly adjusted and fastened; and (b) occupy a seat or seats, other than a front seat, if such seat or seats are so equipped with such passenger restraint system and such seat or seats are not already occupied by a child or children under eight (8) years of age. In addition, all children up to two (2) years of age shall use a rear-facing child passenger restraint system until the child outgrows the child passenger restraint system manufacturer's maximum allowable height or weight.

 

(2)       All children eight (8) years of age and less than eighteen years of age being transported in such vehicle use an occupant protection system and all occupant protection systems worn are properly adjusted and fastened; and

 

(3)       Except as provided in subsection (h) of this section, the driver and each front-seat occupant in the vehicle are wearing occupant protection systems and all occupant protection systems worn are properly adjusted and fastened; and

 

This subsection shall apply 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 the effective date of this section, 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.

 

(b)   Whenever any physician licensed to practice medicine in Nebraska 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) 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.

 

(c)   The drivers of authorized emergency vehicles as defined in section 24-1 shall not be subject to the requirements of subsection (a) of this section when operating such authorized emergency vehicles pursuant to their employment.

 

(d)   A driver of a motor vehicle shall not be subject to the requirements of subsection (a) of this section if the motor vehicle is being operated in a parade or exhibition and the parade or exhibition is being conducted in accordance with applicable state law and local ordinances and resolutions.

 

(e)   All persons being transported in 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 and all occupant protection systems worn shall be properly adjusted and fastened. 

 

(f)   Enforcement of subsections (a)(2), (a)(3) and (e) of this section shall be accomplished only as a secondary action when a driver of a motor vehicle has been cited or charged with a violation or some other offense unless the violation involves a person under the age of eighteen years riding in or on any portion of the vehicle not designed or intended for the use of passengers when the vehicle is in motion.

 

(g)   Any person who violates subsection (a) of this section shall be guilty of an offense and shall be fined twenty-five dollars ($25.00) for each violation.  Regardless of the number of persons in such vehicle not wearing an occupant protection system pursuant to subdivision (a) of this section, only one (1) violation shall be assessed against the driver of such motor vehicle for each time the motor vehicle is stopped and a violation of such subsection is found.

 

(h)   The following persons shall not be required to wear an occupant protection system:

 

(1)       A person who possesses written verification from a physician that the person is unable to wear an occupant protection system for medical reasons;

 

(2)       A rural letter carrier of the United States Postal Service while performing his or her duties as a rural letter carrier between the first and last delivery points; and

 

(3)       A member of an ambulance or rescue service unit while involved in patient care.

 

(i)   For purposes of this section, motor vehicle shall mean a vehicle required by section (k) of this section to be equipped with an occupant protection system.

 

(j)   Violations of the provisions of this section shall not constitute prima facie evidence of negligence nor shall compliance with such sections constitute a defense of any claim for personal injuries to a child or recovery of medical expenses for injuries sustained in any motor vehicle accident.  Violation of such sections by a driver shall not constitute a defense for another person to any claim for personal injuries to a child or recovery of medical expenses for injuries sustained in any motor vehicle accident.

 

(k)   Every motor vehicle designated by the manufacturer as 1973 year model or later operated on any highway, road, or street in this state, except farm tractors and implements of husbandry designed primarily or exclusively for use in agricultural operations, motorcycles, motor-driven cycles, mopeds, and buses, shall be equipped with an occupant protection system of a type which (1) meets the requirements of 49 C.F.R. 571.208, 571.209, and 571.210 as such regulations currently exist or as the regulations existed when the occupant protection system was originally installed by the manufacturer or (2) if the occupant protection system has been replaced, meets the requirements of 49 C.F.R. 571.208, 571.209, and 571.210 that applied to the originally installed occupant protection system or of a more recently issued version of such regulations.  The purchaser of any such vehicle may designate the make or brand of or furnish such occupant protection system to be installed.  Any person selling a motor vehicle not in compliance with this section shall be guilty of an offense. 

 

Source:  Ord. No. 3354, §§ 1-4, 10-7-85; Ord. No. 3913., § 2, 11-16-92; Ord. No. 4613, § 1, 11-4-02; Ord. No. 4773, § 1, 1-18-05; Ord. No. 5588, § 1, 1-7-19;

Editor’s note--Ord. No. 3354, §§ 1--4, adopted October 7, 1985, did not specifically amend the Code; therefore, inclusion as § 24-11 was at the discretion of the editor.

 

Sec. 24-12.  Financial responsibility; owner; prohibited acts; violation; penalty.

 

(a)   It shall be unlawful for any owner of a motor vehicle which is being operated with in-transit decals pursuant to section 60-320, Nebraska Revised Statues of 1943, which is being operated pursuant to section 60-320.01, R.R.S. 1943, or which is required to be registered in this state and which is operated within the city to allow the operation of the motor vehicle within the city without having a current and effective automobile liability policy, evidence of insurance, or proof of financial responsibility.  The owner shall be presumed to know of the operation of his or her motor vehicle within the city in violation of this section when the motor vehicle is being operated by a person other than the owner.  An owner of a motor vehicle who operates the motor vehicle or allows the operation of the motor vehicle in violation of this section shall be subject to a fine of no more than one thousand dollars ($1,000.00) or by imprisonment for no more than six (6) months or by both such fine and imprisonment.  Upon conviction, the owner shall as provided by section 60-321, R.R.S. 1943, have his or her motor vehicle operator’s license, motor vehicle certificate of registration, and license plates suspended until he or she complies with sections 60-505.02 and 60-528, R.R.S. 1943.  The owner shall as provided by section 60-321, R.R.S. 1943, also be required to comply with section 60-528, R.R.S. 1943, for a continuous period of three (3) years after the violation.  This subsection shall not apply to motor vehicles validly registered in another state.

 

(b)   It shall be unlawful to operate a motor vehicle which is being operated with in-transit decals pursuant to section 60-320, R.R.S. 1943, which is being operated pursuant to section 60-320.01, R.R.S. 1943, or which is required to be registered in this state and which is operated within the city without having a current and effective automobile liability policy, evidence of insurance, or proof of financial responsibility.  An operator of a motor vehicle not having current and effective proof of financial responsibility shall be subject to the penalty as set forth in section 1-16 of this Code.

 

(c)   It shall be unlawful for any nonprofit organization which is exempt from payment of federal income taxes, as provided in Section 501(c)4, Internal Revenue Code, that owns a vehicle which is engaged in transporting solely persons over age sixty (60), persons who are spouses and dependents of persons over age sixty (60), or handicapped persons, to allow the operation of the motor vehicle within the city without having a current and effective automobile liability policy, evidence of insurance, or proof of financial responsibility in the minimum amount of one million dollars ($1,000,000.00) combined single limit liability coverage.  The owner shall be presumed to know of the operation of its motor vehicle within the city in violation of this section when the motor vehicle is being operated by any person in the employment of the owner.  An owner of a motor vehicle who allows the operation of the motor vehicle in violation of this section shall be subject to a fine of no more than one thousand dollars ($1,000.00).  This subsection shall not apply to motor vehicles validly registered in another state. 

 

(d)   An owner or operator who is unable to produce a current and effective automobile liability policy, evidence of insurance, or proof of financial responsibility upon the request of a law enforcement officer shall be allowed ten (10) days after the date of the request to produce proof to the appropriate prosecutor that a current and effective automobile liability policy or proof of financial responsibility was in existence for the motor vehicle at the time of such request.  Upon presentation of such proof, the citation shall be dismissed by the prosecutor without cost to the owner or operator and no prosecution for the offense cited shall occur. 

 

Source:  Ord. No. 3405, § 1, 5-19-86; Ord. No. 3874, § 1, 7-6-92; Ord. No. 4156, §§ 1, 2, 3-18-96; Ord. No. 4286, § 1, 8-4-97; Ord. No. 4429, § 1, 8-16-99; Ord. No. 4790, § 1, 04-04-05

 

Sec. 24-13.  Protective helmets.

 

(a)   A person shall not operate or be a passenger on a motorcycle or moped on any highway, as defined in section 24-1, in the city unless such person is wearing a protective helmet of the type and design manufactured for use by operators of such vehicles and unless such helmet is secured properly on his or her head with a chin strap while the vehicle is in motion.  All such protective helmets shall be designed to reduce injuries to the user resulting from head impacts and shall be designed to protect the user by remaining on the user’s head, deflecting blows, resisting penetration, and spreading the force of impact.  Each such helmet shall consist of lining, padding, visor, and chin strap and shall meet or exceed the standards established in the United States Department of Transportation’s Federal Motor Vehicle Safety Standard No. 218, 49 C.F.R. 571.218, for motorcycle helmets.

 

(b)   Any person using a protective helmet purchased prior to July 9, 1988, which is labeled to show that it conforms with applicable federal motor vehicle safety standards shall be deemed to be in compliance with subsection (a).

 

(c)   Any person who violates subsection (a) shall be guilty of an offense and shall be fined fifty dollars ($50.00). 

 

Source:  Ord. No. 3914, § 1, 11-16-92

 

Secs. 24-14--24-20.  Reserved.

 

Sec. 24-21.  Enforcing officers.

 

Except as otherwise provided herein, the provisions of this chapter shall be enforced by the police division. 

 

Source:  Code 1962, § 10-2-1

 

Sec. 24-22.  Persons authorized to direct traffic.

 

Officers of the police division are hereby authorized to direct traffic, either in person or by means of visible or audible signals.  In the event of a fire or other emergency or to expedite traffic or safeguard pedestrians, officers of the police division or their designees may direct traffic, as conditions may require notwithstanding the provisions of this chapter. 

 

Source:  Code 1962, § 10-2-1

 

Sec. 24-23.  Regulations authorized.

 

The chief of police, with the consent of the mayor and council, is hereby empowered to make and enforce regulations necessary to make effective the provisions of this chapter and to make and enforce temporary regulations to cover emergency or special conditions; provided, such regulations are promulgated in writing, signed by him and maintained in his office as public records. 

 

Source:  Code 1962, § 10-2-2

 

Secs. 24-24--24-30.  Reserved.

 

Sec. 24-31.  Obedience and presumption.

 

(a)   The driver of any vehicle shall obey the instructions of any traffic-control device applicable thereto placed in accordance with the provisions of this chapter, unless otherwise directed by a law enforcement officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter.

 

(b)   No provision of this chapter for which traffic-control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible to be seen by a reasonably observant person.  Whenever any section of this chapter does not state that traffic-control devices are required, such section shall be effective even though no devices are erected or in place.

 

(c)   Whenever traffic-control devices are placed in position approximately conforming to the requirements of this chapter, such devices shall be presumed to have been so placed by the official act or direction of lawful authority, unless the contrary shall be established by competent evidence. 

 

Source:  Code 1962, § 10-3-1(B)

State law reference--Similar provisions, R.R.S. 1943, 60-6,119 to 60-6,121.

 

Sec. 24-32.  Ratification.

 

The location and existence of all traffic-control signs, signals, markings and devices including, but not limited to those specifying one-way streets, yield streets, speed limits, turning prohibitions and restrictions, parking prohibitions and restrictions, marking parking meters, and parking zones and traffic lights are hereby ratified and confirmed and shall be considered to have been authorized by the mayor and council.

 

Sec. 24-33.  Location generally.

 

Traffic-control signs, signals, markings and devices including but not limited to those specifying one way streets, yield streets, speed limits, turning prohibitions and restrictions, parking prohibitions and restrictions, marking parking meters and parking zones and traffic lights, shall be erected in the locations specified in this Code.

 

Sec. 24-34.  Installation and maintenance.

 

The chief of police subject to the approval of the council, shall determine and designate the character and type of all traffic signs and signals, and shall place and maintain the same.  All signs and signals for a particular purpose shall, so far as practicable, be uniform as to type and location. 

 

Source:  Code 1962, § 10-3-1

 

Sec. 24-35.  Designation of crosswalks.

 

The chief of police is hereby authorized to establish, designate and maintain crosswalks, by appropriate devices, marks or lines upon the surface of the roadway, at intersections where in his opinion, there is particular danger to pedestrians crossings the roadway, and at such other places as he may deem necessary. 

 

Source:  Code 1962, § 10-3-5

 

Sec. 24-36.  Traffic-control signal legend.

 

Whenever traffic is controlled by traffic-control signals exhibiting different colored lights, or colored lighted arrows, successively one at a time or in combination, only the colors green, red, and yellow shall be used, except for special pedestrian signals carrying a word legend, and such lights shall indicate and apply to drivers of vehicles and pedestrians as follows:

 

(1)       Vehicular traffic facing a circular green signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn, but vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.

 

(2)       Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by such arrow, or such other movement as is permitted by other indications shown at the same time, and such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.

 

(3)       Unless otherwise directed by a pedestrian-control signal, as provided in this chapter, pedestrians facing any green signal, except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.

 

(4)       Vehicular traffic facing a steady yellow signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection, and upon display of a steady yellow signal vehicular traffic shall stop before entering the nearest crosswalk at the intersection, but if such stop cannot be made in safety a vehicle may be driven cautiously through the intersection.

 

(5)       Pedestrians facing a steady yellow signal, unless otherwise directed by a pedestrian-control signal as provided in this chapter, are thereby advised that there is insufficient time to cross the roadway before a red indication is shown and no pedestrian shall then start to cross the roadway.

 

(6)       Vehicular traffic facing a steady red signal alone shall stop at a clearly-marked stop line, but if there is no such line then before entering the crosswalk on the near side of the intersection, or if there is no crosswalk then before entering the intersection and shall remain standing until an indication to proceed is shown except as provided in paragraph (7) and (8) below.

 

(7)       Except where a traffic-control device is in place prohibiting a turn, vehicular traffic facing a steady red signal may cautiously enter the intersection to make a right turn after stopping as required by paragraph (6) of this section.  Such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.

 

(8)       Except where a traffic-control device is in place prohibiting a turn, vehicular traffic facing a steady red signal at the intersection of two one-way streets may cautiously enter the intersection to make a left turn after stopping as required by paragraph (6) of this section.  Such vehicular traffic shall yield the right-of-way to pedestrians and persons riding bicycles lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.

 

(9)       Unless otherwise directed by a pedestrian-control signal as provided in this chapter, pedestrians facing a steady red signal alone shall not enter the roadway.

 

(10)     If a traffic-control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application.  Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking the stop shall be made at the signal. 

 

Source:  Code 1962, § 10-3-2

State law reference-Similar provisions, R.R.S. 1943, 60-6,112 to 60-6,128.

 

Sec. 24-37.  Pedestrian control signals.

 

Whenever pedestrian-control signals exhibiting the words WALK or DON’T WALK or exhibiting the symbol of a walking person or an upraised hand are in place, such signals shall indicate as follows:

 

(1)       Pedestrians facing a WALK indication or a symbol of a walking person may proceed across the roadway in the direction of such signal and shall be given the right-of-way by the drivers of all vehicles.

 

(2)       No pedestrian shall start to cross the roadway in the direction of a DON’T WALK indication or a symbol of an upraised hand, but any pedestrian who has partially completed his or her crossing on the WALK or walking person indication shall immediately proceed to a sidewalk or safety island while the flashing DON’T WALK or flashing upraised hand indication is showing.

 

Source:  Ord. No. 5698, § 1, 10-19-2020;

State law reference--Similar provisions, R.R.S. 1943, 60-6,122 to 60-6,128.

 

Sec. 24-38.  Flashing signals.

 

Whenever an illuminated flashing red or yellow signal is used in a traffic sign or signal it shall require obedience by vehicular traffic as follows:

 

(1)       When a red lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop at a clearly-marked stop line, but if there is no such line then before entering the crosswalk on the near side of the intersection, or if there is no crosswalk then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection, and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign.

 

(2)       When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past such signal only with caution.

 

(3)        This section shall not apply at railroad grade crossings.

 

Conduct of drivers of vehicles approaching railroad grade crossings shall be governed by the rules set forth in this chapter pertaining to such railroad grade crossings.

State law reference--Similar provisions, R.R.S. 1943, 60-6,122 to 60-6,128.

 

Sec. 24-39.  Lane direction control signals or signs.

 

When lane direction control signals are placed over the individual lanes of a street or highway, vehicular traffic may travel in any lane over which a specified or appropriate green signal is shown, but shall not enter or travel in any lane over which a specified or appropriate red signal is shown.  When such signals are in use, signs adequate to advise motorists of the meaning of such signals shall be erected.

State law reference--Similar provisions, R.R.S. 1943, 60-6,122 to 60-6,128.

 

Sec. 24-40.  Unauthorized signs, signals, or markings.

 

(a)   No person shall place, maintain, or display upon or in view of any highway any unauthorized sign, signal, light, marking, or device which purports to be or is an imitation of or which resembles a lawful traffic-control device or railroad sign or signal, or uses the words, Stop or Danger prominently displayed, or implies the need or requirement of stopping or the existence of danger, or which attempts to direct the movement of traffic, or which otherwise copies or resembles any lawful traffic-control device, or which hides from view or interferes with the effectiveness of a traffic control device or any railroad sign or signal.

 

(b)   No person shall place or maintain nor shall any public authority permit upon any highway any traffic sign or signal which bears commercial advertising.

 

(c)   This section shall not be deemed to prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official signs, unless prohibited by another statute.

 

(d)   Every such prohibited sign, signal, or marking is hereby declared to be a public nuisance and the chief of police may remove or cause it to be removed without notice. 

 

Source:  Code 1962, § 10-3-3

State law reference--Similar provisions, R.R.S. 1943, 60-6,122 to 60-6,128.

 

Sec. 24-41.  Advertising devices adjacent to highway.

 

No advertising devices shall be erected or operated upon any private property adjacent to or near any public road, or any street in any city or village, when the beam of such device is concentrated on the public road or street or adversely affects the vision of operators of vehicles upon the roadway or street by the use of flashing red, amber or yellow, or green lights which have the very obvious appearance of devices generally used as official traffic-control devices, photo-flash type lights, flood or spot lights or other lighted signs which use the words Stop or Danger prominently displayed, or imply the need or requirement of stopping or the existence of danger or otherwise copy or resemble official traffic-control devices.  Nothing contained in this section shall be construed to apply to official traffic-control devices erected by the public agencies having jurisdiction.  Any advertising device erected, maintained, or operated in violation of this section is hereby declared to be a public nuisance.

State law reference--Similar provisions, R.R.S. 1943, 60-6,122 to 60-6,128.

 

Sec. 24-42.  Interference with official traffic-control devices or railroad signs or signals.

 

No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock down, or remove any traffic control device or any railroad sign or signal or any part thereof.

 

Source:  Code 1962, § 10-3-4

State law reference--Similar provisions, R.R.S. 1943, 60-6,129 to 60-6,139.

 

Sec. 24-43.  Shooting or removal of highway signs, markers or notices.

 

(a)   If any person shall willfully or maliciously shoot upon the public highway and injure, deface, damage or destroy any signs, monuments, road markers, traffic-control or surveillance devices or other public notices lawfully placed upon said highways, he shall be guilty of an offense.

 

(b)   It shall be an offense for any person other than a duly authorized representative of the state department of roads or the county or the city to remove any sign, traffic-control or traffic surveillance device placed along a public street, road or highway for traffic control, warning, or informational purposes by official action of the department or the county or city.  Any person possessing such a sign or device which has been removed in violation of this subsection shall be guilty of an offense.

State law reference--Similar provisions, R.R.S. 1943, 60-6,129 to 60-6,139.

 

Sec. 24-44.  Avoiding traffic control device.

 

It shall be unlawful for the driver of any vehicle to drive such vehicle directly from a highway across property adjacent to two (2) highways intersecting at an intersection and enter upon the intersecting highway to avoid following the instructions of a traffic control device or signal erected at the intersection. 

 

Source:  Ord. No. 4801, § 1, 5-16-05

 

Secs. 24-45--24-50.  Reserved.

 

Sec. 24-51.  Established.

 

For the purposes hereinafter provided there is hereby established a parking violations bureau which shall be under the direction and supervision of the finance director/city treasurer.

 

Source:  Ord. No. 3419, § 1, 7-21-86

 

Sec. 24-52.  Rules; collection; accounting and disbursement of money.

 

The violations bureau shall collect and account for all monies paid in accordance with the provisions of this article and issue receipts therefor; shall remit all monies collected under the provisions of this title to the city treasurer; and keep records of all violators, showing the name, time and date of violation and disposition.  It shall be the duty of the city treasurer to credit to the city such amounts as shall be collected for the payment of administrative costs.  The balance of the monies collected shall be disbursed by the city treasurer as provided by law. 

 

Source:  Ord. No. 3419, § 2, 7-21-86

 

Sec. 24-53.  Issuance of tickets.

 

Whenever a police officer of the city shall observe any motor vehicle in violation of a motor vehicle parking ordinance or of a duly established parking regulation of the city, or stopped or parked in such a manner as to interfere with the lawful use of the street, or stopped or parked in violation of this chapter, for which a parking ticket payable within seventy-two (72) hours may be issued, it shall be his or her duty to attach to such motor vehicle an official parking ticket and notice which shall be directed to the owner or operator of such vehicle, and shall set forth the nature of the violation.  A copy of such ticket or notice shall be processed originally through the violations bureau. 

 

Source:  Ord. No. 3419, § 3, 7-21-86

 

Sec. 24-54.  Payment of fines and costs.

 

Any person accused of a violation of a motor vehicle parking ordinance or duly established parking regulation, or violation of the ordinance prohibiting the parking or stopping of a motor vehicle in such manner as to interfere with the lawful use of a street, or parked in violation of this chapter for which a parking ticket payable within seventy-two (72) hours may be issued, may appear before the violations bureau at the city clerk’s office and dispose of the same without a court proceeding, if within said seventy-two-hour period, by paying to the city treasurer the sum of five dollars ($5.00). In each instance of such payment within said seventy-two-hour period, as a means of disposing of said parking ticket without a court proceeding, the person charged on said parking ticket or notice shall pay in addition to the amount specified above, the sum of five dollars ($5.00) as an administrative cost of handling the same through the violations bureau. 

 

Source:  Ord. No. 3419, § 4, 7-21-86

 

Sec. 24-55.  Mailing of notice.

 

In the event a person accused of a parking violation does not appear before the violations bureau within said seventy-two-hour period as set forth above after the issuance of the official parking ticket or notice, notice thereof shall be mailed to the last known address of the registered owner of the vehicle found to be in violation of this chapter setting forth the date and nature of the alleged offense, and that a complaint will be filed against him, her or them on the date specified in the notice unless, he, she or they appear before the violations bureau on or before said date and dispose of said parking ticket or notice as provided in section 24-54 above. 

 

Source:  Ord. No. 3419, § 5, 7-21-86

 

Sec. 24-56.  Failure to appear.

 

Whenever any person fails to appear within the time set forth in the notice as provided in section 24-55 above, a complaint shall be filed with the Norfolk Division of the Madison County Court for the parking offense or offenses charged. 

 

Source:  Ord. No. 3419, § 6, 7-21-86

 

Secs. 24-57--24-65.  Reserved.

 

Sec. 24-66.  Operator’s duty to stop, render aid, etc., in cases of personal injury or death.

 

The driver of any vehicle involved in an accident upon either 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 such 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; and

 

(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. 

 

Source:  Code 1962, § 10-12-1

State law reference--Similar provisions, R.R.S. 1943, 60-6,697.

 

Sec. 24-67.  Operator’s duty to stop, etc., in cases of property damage.

 

The driver of any vehicle involved in an accident either upon a public highway, private road, or private drive, resulting in damage to property, shall:

 

(1)       Immediately stop such vehicle at the scene of such accident; and

 

(2)       Give his or her name, address, and the registration number of the vehicle and exhibit his or her operator’s license to the owner of the property struck or the driver or occupants of any other vehicle involved in the collision, except that if the driver has collided with a vehicle or other property which is unattended, the driver shall either (a) locate and notify the operator or owner of the unattended vehicle or other property of the information required by this section as well as the name and address of the owner of the vehicle which collided with the unattended vehicle or other property or (b) leave in a conspicuous place in or on the unattended vehicle or other property a written notice giving the information required by this section as well as the name and address of the owner of the vehicle which collided with the unattended vehicle or other property and a statement of the circumstances of the collision, and shall report the collision, by telephone or otherwise, to the appropriate peace officer within twelve hours.

 

Source:  Code 1962, § 10-12-1; Ord. No. 4208, § 1, 10-7-96

State law reference--Similar provisions, R.R.S. 1943, 60-696.

 

Sec. 24-68.  Accident reports.

 

The operator of any vehicle involved in an accident resulting in injuries or death to any person or damage to the property of any one (1) person, including such operator, to an apparent extent that equals or exceeds one thousand five hundred dollars ($1,500.00) shall within ten (10) days forward a report of such accident to the Department of Transportation.  Such report shall not be required if the accident is investigated by a peace officer.  If the operator is physically incapable of making the report, the owner of the motor vehicle involved in the accident shall, within ten days from the time he or she learns of the accident, report the matter in writing to the Department of Transportation.

 

Source:  Code 1962, § 10-12-2; Ord. No. 3916, § 1, 11-16-92; Ord. No. 5768, § 1, 3-7-22;

State law reference--Similar provisions, R.R.S. 1943, 60-699.

 

Secs. 24-69--24-80.  Reserved.

 

Sec. 24-81.  Driving while intoxicated.

 

(a)   It shall be unlawful for any person to operate or be in the actual physical control of any motor vehicle while under the influence of alcoholic liquor or of any drug or when that person has ten-hundredths of one (1) per cent or more by weight of alcohol in his or her body fluid as shown by chemical analysis of his blood, breath, or urine.  Any person who shall operate or be in the actual physical control of any motor vehicle while under the influence of alcoholic liquor or of any drug or while having ten-hundredths of one (1) per cent by weight of alcohol in his or her body fluid as shown by chemical analysis of his or her blood, breath, or urine shall be deemed guilty of a crime and, upon conviction thereof, shall constitute an offense.

 

(b)   Any person who operates or has in his actual physical control a motor vehicle upon a public highway shall be deemed to have given his consent to submit to a chemical test of his blood, urine, or breath, for the purpose of determining the amount of alcoholic content in his body fluid.  Any law enforcement officer who has been duly authorized to make arrests for violations of traffic laws of this state or of ordinances of any city or village may require any person arrested for any offense arising out of acts alleged to have been committed while the person was driving or was in actual physical control of a motor vehicle while under the influence of alcoholic liquor to submit to a chemical test of his blood, breath, or urine for the purpose of determining the alcoholic content of his body fluid, when the officer has reasonable grounds to believe that such person was driving or was in the actual physical control of a motor vehicle upon a public highway in this state while under the influence of alcoholic liquor.  Any law enforcement officer who has been duly authorized to make arrests for violation of traffic laws of this state or ordinances of any city or village may require any person who operates or has in his actual physical control a motor vehicle upon a public highway in this state to submit to a preliminary test of his breath for alcohol content if the officer has reasonable grounds to believe that such person has alcohol in his body, or has committed a moving traffic violation, or has been involved in a traffic accident.  Any person who refuses to submit to such preliminary breath test or whose preliminary breath test results indicate an alcohol content of ten-hundredths of one (1) per cent or more shall be placed under arrest.  Any person who refuses to submit to such preliminary breath test shall be guilty of an offense.  Any person arrested as provided in this section may, upon the direction of a law enforcement officer, be required to submit to a chemical test of his blood, breath, or urine for a determination of the alcohol content.  Any person who refuses to submit to a chemical blood, breath, or urine test required pursuant to this section shall be guilty of an offense.

 

Any person who is required to submit to a preliminary breath test, or to a chemical blood, breath or urine test pursuant to this section shall be advised of the consequences of refusing to submit to such test.

 

(c)   Any person arrested for any offense involving the operation or actual physical control of a motor vehicle while under the influence of alcoholic liquor shall be required to submit to a chemical test of his blood, breath, or urine as provided herein without the preliminary breath test if the arresting officer does not have available the necessary equipment for administering a breath test or if the person is unconscious or is otherwise in a condition rendering him incapable of testing by a preliminary breath test.  Only a physician, registered nurse, or qualified technician acting at the request of a law enforcement officer may withdraw blood for the purpose of determining the alcoholic content therein, but this limitation shall not apply to the taking of a urine or breath specimen. 

 

Source:  Code 1962, § 10-11-1

State law reference--Similar provisions, R.R.S. 1943, 60-6,196 and 60-6,197, 60-6,199 to 60-6,210.

 

Sec. 24-82.  Racing.

 

No person shall drive any vehicle on any street, alley or highway in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration in excess of normal starting, stopping or driving procedures, or for the purpose of making a speed record, and no person shall in any manner participate in any such race, competition, contest, test or exhibition. 

 

Source:  Code 1962, § 10-7-15; Ord. No. 3330, § 1, 6-17-85

State law reference--Similar provisions, R.R.S. 1943, 60-6,195.

 

Sec. 24-83.  Reckless driving.

 

(a)   Any person who drives any motor vehicle in such a manner as to indicate an indifferent or wanton disregard for the safety of persons or property shall be deemed to be guilty of reckless driving.

 

(b)   Every person convicted of reckless driving shall be guilty of an offense. 

 

Source:  Code 1962, § 10-11-2

State law reference--Similar provisions, R.R.S. 1943, 60-6,212 and 60-6,213, 60-6,215.

 

Sec. 24-84.  Willful reckless driving.

 

(a)   Any person who drives any motor vehicle in such a manner as to indicate a willful disregard for the safety of persons or property is guilty of willful reckless driving.

 

(b)   Every person convicted of willful reckless driving shall be guilty of an offense. 

 

Source:  Code 1962, § 10-11-2

State law reference--Similar provisions, R.R.S. 1943, 60-6,214, 60-6,216 to 60-6,218.

 

Sec. 24-85.  Negligent driving.

 

It shall be an offense for any person to operate a motor vehicle upon any street or alley in the city in such a manner as to indicate the absence of care, prudence, and forethought as, under the circumstances, duty requires to be exercised. 

 

Source:  Code 1962, § 10-7-15

 

Sec. 24-86.  Careless Driving.

 

(a)   Any person who drives any motor vehicle carelessly or without due caution so as to endanger a person or property shall be guilty of careless driving.

 

(b)   Any person convicted of careless driving shall be guilty of an offense. 

 

Source:  Ord. No. 4869, § 1, 03-06-06

 

Sec. 24-87.  Driving on right half of roadway.

 

(a)   Upon all roadways of sufficient width a vehicle shall be driven upon the right half of the roadway, except as follows:

 

(1)       When overtaking and passing another vehicle proceeding in the same direction under the rules governing such movement;

(2)       When an obstruction exists making it necessary to drive to the left of the center of the highway; provided, that any person so doing shall yield the right-of-way to all vehicles traveling in the proper direction upon the unobstructed portion of the highway within such distance as to constitute an immediate hazard;

(3)       Upon a roadway divided into three (3) marked lanes for traffic under the rules applicable thereon; or

(4)       Upon a roadway restricted to one-way traffic.

 

(b)   Upon all roadways any vehicle proceeding at less than the normal speed of traffic at the time and place and under the conditions then existing shall be driven in the right-hand lane then available for traffic, or as close as practicable to the right-hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.

 

(c)   Upon any roadway having four (4) or more lanes for moving traffic and providing for two-way movement of traffic, no vehicle shall be driven to the left of the centerline of the roadway, except when authorized by traffic-control devices designating certain lanes to the left side of the center of the roadway for use by traffic not otherwise permitted to use such lanes, or except as permitted under subdivision (2) of subsection (a) of this section.  This subsection shall not be construed to prohibit the crossing of the centerline in making a left turn into or from an alley, private road, or driveway, unless such movement is otherwise prohibited by signs.

 

Source:  Code 1962, §§ 10-7-1, 10-7-2

State law reference--Similar provisions, R.R.S. 1943, 60-6,129 to 60-6,139.

 

Sec. 24-88.  Passing vehicle proceeding in opposite direction.

 

Passing vehicles proceeding in opposite directions shall each keep to the right side of the roadway, passing left to left, and upon roadways having width for not more than one lane of traffic in each direction, each driver shall give to the other, as nearly as possible, at least one-half of the main traveled portion of the roadway.

State law reference--Similar provisions, R.R.S. 1943, 60-6,129 to 60-6,139.

 

Sec. 24-89.  Overtaking and passing vehicles proceeding in same direction.

 

Except where overtaking and passing on the right is permitted, the following rules shall govern the overtaking and passing of vehicles proceeding in the same direction:

 

(1)       The driver of a vehicle overtaking another vehicle proceeding in the same direction shall first give a visible signal of his intention and shall pass to the left of the other vehicle at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle;

 

(2)       The driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle; and

 

(3)       The driver of a vehicle overtaking bicycles, animals, animal-drawn vehicles, or farm vehicles proceeding in the same direction shall give an audible signal of his intention to pass from one hundred (100) to three hundred (300) feet from the vehicle or animal and then pass without giving another audible signal. 

 

Source:  Code 1962, § 10-7-3

State law reference-Similar provisions, R.R.S. 1943, 60-6,129 to 60-6,139.

 

Sec. 24-90.  Overtaking and passing upon the right.

 

(a)   The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:

 

(1)       When the vehicle to be overtaken is making or about to make a left turn;

(2)       Upon a street or highway with unobstructed roadway not occupied by parked vehicles of sufficient width for two (2) or more lanes of moving vehicles in each direction; and

(3)       Upon a one-way street, or upon any roadway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and of sufficient width for two (2) or more lanes of moving vehicles.

 

(b)   In no event shall the driver of a vehicle overtake and pass another vehicle upon the right unless such movement may be made in safety and upon the pavement or main traveled portion of the roadway.

State law reference-Similar provisions, R.R.S. 1943, 60-6,129 to 60-6,139.

 

Sec. 24-91.  Overtaking and passing on the left.

 

(a)   No vehicle shall overtake another vehicle proceeding in the same direction on an undivided two-way roadway when such overtaking shall require the overtaking vehicle to be driven on the left side of the center of the roadway unless the left side is clearly visible for a distance sufficient to accomplish such overtaking and is free from oncoming traffic for a distance sufficient to:

 

(1)       Permit the overtaking vehicle to return to an authorized lane of traffic before coming within two hundred (200) feet of any approaching vehicle; and

(2)       Permit the overtaking vehicle to be safely clear of the overtaken vehicle while returning to the authorized lane of travel as provided in this chapter.

 

(b)   After completing such overtaking, the overtaking vehicle shall return to the authorized lane of travel as soon as practicable.

 

(c)   Any such overtaking shall be subject to the provisions of this chapter.

 

(d)   The provisions of this section shall not permit the crossing of the centerline of an undivided highway providing for two (2) or more lanes of traffic in each direction for the purpose of overtaking and passing another vehicle. 

 

Source:  Code 1962, § 10-7-4

State law reference--Similar provisions, R.R.S. 1943, 60-6,129 to 60-6,139.

Supp. No. 4

 

Sec. 24-92.  Limitations on overtaking, passing, or driving to left of center of roadway.

 

(a)   No driver shall overtake and pass another vehicle or drive to the left of the center of the roadway whenever;

 

(1)       He approaches the crest of a grade or upon a curve in the highway where the driver’s view is obstructed within such distance as to create a hazard in the event another vehicle might approach from the opposite direction;

(2)       He approaches within one hundred (100) feet of or traverses any intersection or railroad grade crossing;

(3)       The view is obstructed when he approaches within one hundred (100) feet of any bridge, viaduct, or tunnel; or

(4)       The section of roadway is designated as a no-passing zone.

 

(b)   The limitations imposed by subsection (a) of this section shall not apply upon a one-way roadway, nor when an obstruction exists which requires a driver to drive to the left of the center of the highway nor to the driver of a vehicle turning left into or from an alley, private road, or driveway unless otherwise prohibited by signs.

State law reference--Similar provisions, R.R.S. 1943, 60-6,129 to 60-6,139.

 

Sec. 24-93.  Reserved.

 

Sec. 24-94.  One-way alleys, roadways and rotary traffic islands.

 

(a)   Except for emergency vehicles, no vehicle shall be operated, backed, pushed or otherwise caused to move in a direction which is opposite to the direction designated in the following alleys:

 

From	To	Between	Direction
2nd Street	3rd Street	Norfolk Avenue and Madison Avenue	East
4th Street	5th Street	Madison Avenue and Phillip Avenue	East
14th Street	434 feet East of the East right of way of 14th Street	Hayes Avenue and Taylor Avenue	East

 

(b)   Except for emergency vehicles, no vehicle shall be operated, backed, pushed or otherwise caused to move in a direction which is opposite to the direction designated on the following roadways:

 

Street	From	To	Direction
3rd Street	Madison Avenue	Omaha Avenue	South
4th Street	Omaha Avenue	Madison Avenue	North
5th Street	Madison Avenue	Omaha Avenue	South
6th Street	Omaha Avenue	Madison Avenue	North
6th Street	Elm Avenue	Georgia Avenue	North
8th Street	Queen City Blvd.	Maple Avenue	North

 

(c)   A vehicle which passes around a rotary traffic island shall be driven only to the right of such island. 

 

Source:  Ord. No. 3156, § 1, 10-3-83; Ord. No. 3525, § 1, 2-18-88; Ord. No. 4288, § 1, 8-4-97; Ord. No. 4832, § 1, 10-3-05; Ord. No. 5049, § 1, 12-15-08

 

Sec. 24-95.  Driving on roadways laned for traffic.

 

Whenever any roadway has been divided into two (2) or more clearly marked lanes for traffic the following rules, in addition to all others consistent herewith, shall apply:

 

(1)       A vehicle shall be driven as nearly as practicable within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety;

 

(2)       Upon a roadway which is divided into three (3) lanes and provides for two-way movement of traffic, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle traveling in the same direction when such center lane is clear of traffic within a safe distance, or in preparation for making a left turn, or where such center lane is at the time allocated exclusively to traffic moving in the same direction that the vehicle is proceeding and such allocation is designated by traffic-control devices;

 

(3)       Traffic-control devices erected to direct specified traffic to use a designated lane or to designate those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway shall be obeyed by drivers of vehicles;

 

(4)       Traffic-control devices installed to prohibit the changing of lanes on sections of roadway shall be obeyed by drivers of vehicles.

State law reference--Similar provisions, R.R.S. 1943, 60-6,139.

 

Sec. 24-96.  Headlight glare.

 

Notwithstanding any more general law respecting rules of the road for motor vehicles, whenever any person, operating a motor vehicle on any highway in this state, shall:

 

(1)       Meet another person operating a motor vehicle, proceeding in the opposite direction and equipped with headlamps constructed and adjusted to project glaring or dazzling light to persons in front of such headlamps, upon signal of either person aforesaid, the other shall forthwith dim the headlamps of his motor vehicle or tilt the beams of glaring or dazzling light projecting therefrom downward so as not to blind or confuse the vision of the operator in front of such headlamps; or

 

(2)       Shall follow another vehicle within two hundred (200) feet to the rear, he shall dim the headlamps of his motor vehicle or tilt the beams of glaring or dazzling light projecting therefrom downward.

 

The foregoing provisions shall not apply to the operators of motor vehicle aforesaid, if they shall have covered the upper one-third of the headlamps thereon with a coat of paint or with a coat of some other permanent material which shall cover the glass enclosing the lenses of such headlamps.  The paint or other permanent material shall be applied so that it extends downward from the top of the lens of the headlamps and so that the lower line of the covering shall extend over the entire upper one-third of the lens of the headlamp; and provided further, that the provisions of this section requiring the covering of headlamp lenses, as aforesaid, shall not apply to tourists driving through the state for a period of not more than ten (10) days.

State law reference--Similar provisions, R.R.S. 1943, 60-6,224.

 

Sec. 24-97.  Following or towing vehicle; caravans, etc.

 

The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, and such driver shall have due regard for the speed of such vehicles and the traffic upon and the condition of the roadway. 

 

Source:  Code 1962, § 10-7-5

 

Sec. 24-98.  Driving on divided highways.

 

(a)   Whenever any highway has been divided into two (2) or more roadways by a median, a driver shall drive only upon the right-hand roadway unless directed or permitted to use another roadway by traffic-control devices or competent authority.

 

(b)   No driver shall drive any vehicle over, across, or within any median except through an opening in such median or at a crossover or intersection as established by competent authority.  Medians on freeways shall not be crossed or entered upon at any point, unless specifically directed by competent authority.

 

(c)   No driver except drivers of authorized emergency vehicles shall use any emergency entrance or median crossover on a freeway intended only for emergency vehicles, but no such excepted driver shall drive in such manner as to create a hazard to any other vehicle.

State law reference--Similar provisions, R.R.S. 1943, 60-6,140 to 60-6,145.

 

Sec. 24-99.  Driving on highway shoulders.

 

No person shall drive on the shoulders of highways, except that this section shall not prohibit the driving of vehicles onto shoulders or roadways to safely remove a vehicle from traffic lanes or implements of husbandry from being driven thereon.

State law reference--Similar provisions, R.R.S. 1943, 60-6,140 to 60-6,145.

 

Sec. 24-100.  Snowmobiles, minibikes, golf carts, go-carts, gas- or electric-powered scooters, all-terrain vehicles and any off-road or other vehicle which cannot be registered for operation on streets, highways or roadways--prohibited on streets, highways or roadways.

 

(a)   It shall be unlawful for any person to operate a snowmobile upon any public street or highway within the corporate limits of the city; provided, however, that a snowmobile may be operated upon a public street or highway within the corporate limits of the city when, and at locations where, snow upon the roadway renders travel by motor vehicles impractical.

 

(b)   It shall be unlawful for any person to operate upon any roadway within the corporate limits of the city a minibike, golf cart, go-cart, gas- or electric-powered scooter, all-terrain vehicle or any off-road or other vehicle which cannot be registered for operation on any roadway, except as provided in this chapter.  This subsection shall not be applicable to scooters, power chairs or electric wheelchairs having more than two (2) wheels which are designed for and being utilized by individuals with limited mobility.

 

(c)    It shall be unlawful for any person to operate upon any publicly-owned parking lot or other publicly-owned property within the corporate limits of the city a minibike, golf cart, go-cart, gas- or electric-powered scooter, all-terrain vehicle or any off-road or other vehicle which cannot be registered for operation on any roadway unless operation of the minibike, golf cart, go-cart, gas- or electric-powered scooter, all-terrain vehicle or any off-road or other vehicle is expressly authorized or is otherwise provided for in this chapter.  This subsection shall not be applicable to scooters, power chairs or electric wheelchairs having more than two (2) wheels which are designed for and being utilized by individuals with limited mobility.

 

Source:  Ord. No. 3058, § 1(37), 3-1-82; Ord. No. 3116, § 1, 1-3-83; Ord. No. 4560 § 1, 10-15-01; Ord. No. 4761, § 3, 11-15-04; Ord. No. 4833, § 3, 10-3-05; Ord. No. 5229, § 1, 9-17-12; Ord. No. 5663, § 1, 5-18-2020;

Editor’s note--Ordinance No. 3058, § 1(37), enacted March 1, 1982, amended the Code by adding thereto provisions designated as § 24-111.  For classification purposes, said provisions are included herein as § 24-100.

 

Sec. 24-101.  Driving during periods of road construction.

 

It shall be unlawful for any person to operate a motor vehicle in such a manner as to violate any traffic-control sign, device or signal; any posted speed limit; or any restricted parking area, as delineated by the City of Norfolk or the State of Nebraska, during the period or periods that any public alley, street, roadway or highway within the city is under construction, being repaired and/or improved within the city. 

 

Source:  Ord. No. 3079, § 2, 7-6-82

Editor’s note--Ord. No. 3079, enacted July 6, 1982, did not expressly amend the Code; therefore, inclusion herein of § 2 of said ordinance as § 24-101 was at the discretion of the editor.

 

Secs. 24-102--24-105.  Reserved.

 

Sec. 24-106.  Generally.

 

(a)   No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.  Any person shall drive at a safe and appropriate speed when approaching and crossing an intersection or railroad grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, and when special hazards exist with respect to pedestrians or other traffic or by reason of weather or highway conditions.

 

(b)   Except when a special hazard exists that requires lower speed for compliance with subsection (a) of this section or when signs permit or require a different speed limit the limits set forth herein, shall be maximum lawful speeds, and no person shall drive a vehicle on a highway at a speed in excess of the following maximum limits:

 

(1)       Twenty-five (25) miles per hour in any residential district or where not otherwise posted or provided in this Code.

(2)       Twenty (20) miles per hour in any business district. 

 

Source:  Code 1962, § 10-9-1

State law reference--Similar provisions, R.R.S. 1943, 60-6,186.

 

Sec. 24-107.  Speed-detecting devices.

 

(a)   The speed of any motor vehicle may be determined by the use of radio microwaves or other electronic device.  The results of such determinations shall be accepted as prima facie evidence of the speed of the vehicle in any court or legal proceedings when the speed of the vehicle is at issue.

 

(b)   The driver of any motor vehicle found by use of radio microwaves or other electronic device to be driving in excess of the applicable speed limit may be apprehended:

 

(1)       If the apprehending officer has observed the recording of the speed of the motor vehicle by the radio microwaves or other electronic device;

(2)       If such apprehending officer has received a radio message from an officer who observed the speed recorded and the radio message:

 

a.         Has been dispatched immediately after the speed of the motor vehicle was recorded; and

b.         Gives a description of the vehicle and its recorded speed; and

 

(3)       If the apprehending officer is in uniform or displays his badge of authority.

State law reference--Similar provisions, R.R.S. 1943, 60-6,192 and 60-6,193.

 

Sec. 24-108.  Minimum speed; impeding traffic.

 

(a)   No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law.

 

(b)   On any freeway, or other highway providing for two (2) or more lanes of travel in one direction, vehicles shall not intentionally impede the normal flow of traffic by traveling side by side and at the same speed while in adjacent lanes.  This subject shall not be construed to prevent vehicles from traveling side by side in adjacent lanes because of congested traffic conditions. 

 

Source:  Code 1962, § 10-9-2

State law reference--Similar provisions, R.R.S. 1943, 60-6,192 and 60-6,193.

 

Sec. 24-109.  Special limitations for certain vehicles.

 

Notwithstanding the maximum speed limits in excess of twenty-five (25) miles per hour established herein, no person shall operate any moped at a speed in excess of thirty (30) miles per hour.

State law reference--Similar provisions, R.R.S. 1943, 60-6,187.

 

Sec. 24-110.  Speed limits for specific streets--Generally.

 

Except as otherwise provided, no person shall operate a vehicle in the areas designated below at a speed in excess of that shown below or as otherwise posted:

 

Street or area	From (Entire street if not otherwise indicated)	To	Speed (Miles per hour)
Benjamin Ave.	Victory Rd.	First railroad crossing east of 1st Street	40
Benjamin Ave.	First railroad crossing east of 1st Street	27th Street	35
Benjamin Ave.	27th Street	West city limits	45
Bonita Dr.			25
Braasch Ave.	1st St.	7th St.	25
Eisenhower Ave.	Victory Rd.	First Railroad crossing west of Victory Rd.	50
Eisenhower Ave.	13th St.	25th St.	45
Georgia Ave.	Riverside Blvd.	13th St.	30
Madison Ave.	1st St.	7th St.	25
Madison Ave.	7th St.	13th St.	30
Magnet Dr.	Victory Rd.	West to Dead End	35
Monroe Ave.	1st St.	300 ft. west of 5th St.	25
Monroe Ave.	300 ft. west of 5th St.	13th St.	45
Monroe Ave.	1st St.	East city limits	35
Norfolk Ave.	Highway 35	Grandview Dr.	45
Norfolk Ave.	West edge of roundabout at junction of Norfolk Ave. and Nebraska Highway 35 North	East end of Bridge over North Fork of Elkhorn River	35
Norfolk Ave.	East end of Bridge over North Fork of Elkhorn River	9th St.	25
Norfolk Ave.	9th St.	18th St.	35
Norfolk Ave.	18th St.	31st St.	40
North Airport Rd.	13th St.	2500 feet West of 13th St.	40
North Airport Rd.	2500 feet West of 13th St.	West city limits	55
Omaha Ave.	East city limits	Pine Industrial Rd.	50
Omaha Ave.	Pine Industrial Rd.	20th Street	35
Omaha Ave.	20th St.	37th St.	45
Omaha Ave.	37th St.	West city limits	50
Pasewalk			30
Prospect Ave.	3rd St.	7th St.	25
Prospect Ave.	7th St.	25th St.	30
Queen City Blvd.			30
Riverside Blvd.	Maple Ave.	Benjamin Ave.	35
Riverside Blvd.	Benjamin Ave.	13th St.	40
Sherwood Rd.	1st St.	2860 ft. west of 1st St.	45
Taylor Ave.	Pasewalk Ave.	25th St.	30
Valley View Dr.	Norfolk Ave.	25th St.	15
Victory Rd.	Omaha Ave.	South city limits	30
Victory Rd.	Norfolk Ave.	North city limits	40
1st St.	South city limits	Elkhorn River bridge	55
1st St.	Elkhorn River bridge	Jackson Ave.	40
1st St.	Jackson Ave.	Norfolk Ave.	35
1st St.	Norfolk Ave.	Prospect Ave.	25
1st St.	Prospect Ave.	Andrews Dr.	35
1st St.	Andrews Dr.	North city limits	45
3rd St.	Omaha Ave.	Madison Ave.	30
4th St.	Northwestern Ave.	Phillip Ave.	30
4th St.	Phillip Ave.	Elm Ave.	25
4th St.	Elm Ave.	Maple Ave.	35
5th St.	Omaha Ave.	Madison Ave.	30
6th St.	Omaha Ave.	Madison Ave.	30
7th St.	Omaha Ave.	Prospect Ave.	30
13th St.	South city limits	N. Airport Rd.	55
13th St.	N. Airport Rd.	Monroe Ave.	50
13th St.	Monroe Ave.	500 feet south of Omaha Ave.	45
13th St.	500 feet south of Omaha Ave.	Maple Ave.	35
13th St.	Maple Ave.	Benjamin Ave.	45
13th St.	Benjamin Ave.	North city limits	50
18th St.	Pasewalk Ave.	300 feet south of Imperial Rd	30
25th St.	South city limits	North Airport Rd.	55
25th St.	Omaha Ave.	North city limits	35
37th St.	South city limits	North city limits	40
45th St.	South city limits	Omaha Ave.	55
49th St.	U.S. Highway 275	North city limits	45
Nebraska Highway 35	Omaha Ave.	Norfolk Ave.	55
Nebraska Highway 35	Victory Rd.	1500 feet east of Victory Rd.	45
Nebraska Highway 35	1500 feet east of Victory Rd.	East city limits	60
U.S. Highway 275	1500 feet west of 13th St.	700 feet west of 20th St.	40
U.S. Highway 275	700 feet west of 20th St.	555 feet west of 25th Street	45
U.S. Highway 275	555 feet west of 25th Street	3000 feet west of 37th St.	50
U.S. Highway 275	3000 feet west of 37th St.	West city limits	70
All alleys			15
All park and recreational areas owned by the city			15

 

Source:  Code 1962, § 10-9-1; Ord. No. 2974, §§ 1, 2, 4-20-81; Ord. No. 3011, § 1, 9-21-81; Ord. No. 3058, § 1(36), 3-1-82; Ord. No. 3088, §§ 21, 26, 9-7-82; Ord. No. 3131, § 1, 5-2-83; Ord. No. 3142, § 1, 5-16-83; Ord. No. 3222, § 1, 5-21-84; Ord. No. 3242, § 1, 10-1-84; Ord. No. 3281, § 1, 1-21-85; Ord. No. 8283, § 1, 1-21-85; Ord. No. 3413, § 1, 6-16-86; Ord. No. 3444, § 1, 11-17-86; Ord. No. 3499, § 1, 8-17-87; Ord. No. 3600, § 1, 10-17-88; Ord. No. 3646, § 1, 5-1-89; Ord. No. 3671, § 1, 9-5-89; Ord. No. 3674, § 1, 9-5-89; Ord. No. 3708, § 1, 4-16-90; Ord. No. 3738, § 1, 8-6-90; Ord. No. 3755, § 1, 11-5-90; Ord. No. 3833, § 1, 12-9-91; Ord. No. 3898, § 1, 9-21-92; Ord. No. 4024, § 1, 5-2-94; Ord. No. 4065, § 1, 10-17-94; Ord. No. 4216, § 1, 10-21-96; Ord. No. 4354, § 1, 8-17-98; Ord. No. 4365, § 1, 8-17-98; Ord. No. 4432, § 1, 9-7-99; Ord. No. 4551, § 1, 9-4-01; Ord. No. 4583, § 1, 5-20-02; Ord. No. 4591, § 1, 6-17-02; Ord. No 4653, § 1, 5-5-03; Ord. No. 4656, § 1, 6-2-03; Ord. No. 4670, § 1, 7-21-03; Ord. No. 4728, § 1, 2-2-04; Ord. No. 4809, § 1, 6-20-05; Ord. No. 4811, § 1, 7-5-05; Ord. No. 4823, § 1, 8-1-05; Ord. No. 4835, § 1, 11-21-05; Ord. No. 4935, § 1, 4-2-07; Ord. No. 5206, § 1, 4-16-12; Ord. No. 5304, § 1, 7-21-14; Ord. No. 5724, § 1, 03-15-21; Ord. No. 5854, § 1, 11-6-23; Ord. No. 5858, § 1, 11-20-23;

State law reference--Power of local authorities to regulate speed of vehicles, R.R.S. 1943. 60-680.

 

Sec. 24-111.  Same--In school zones.

 

The maximum allowable speed limit shall be twenty (20) miles per hour when children are present at the following school zones:

 

Street or Area	From	To
Georgia Ave.	223 feet west of the west curb line of Queen City Blvd.	Sunnydell Dr.
Pasewalk Ave.	4th St.	7th St.
1st St.	Phillip Ave.	300 feet south of Park Ave.
18th St.	Laurel Ln.	Imperial Rd.
18th St.	Sunset Ave.	600 feet south of Phillip Ave.
24th St.	Norfolk Ave.	Taylor Ave.

 

Source:  Ord. No. 3015, § 1, 10-5-81; Ord. No. 3088, § 14, 9-7-82; Ord. No. 3172, § 1, 11-7-83; Ord. No. 3258, § 1, 10-1-84; Ord. No. 3284, § 1, 1-7-85; Ord. No. 3833, § 2, 12-9-91; Ord. No. 3876, § 1, 7-20-92; Ord. No. 3898, § 2, 9-21-92; Ord. No. 4073, § 1, 11-21-94; Ord. No. 4692, § 1, 9-15-03; Ord. No. 4809, § 2, 6-20-05; Ord. No. 4854, § 1, 11-21-05; Ord. No. 5124, § 1 7-6-10; Ord. No. 5126, § 1, 8-2-10; Ord. No. 5235, § 1, 11-5-12

Editor’s note--Ordinance No. 3015, enacted Oct. 5, 1981, did not specifically amend this Code; hence, codification of § 1 of said ordinance as § 24-111 is at the discretion of this editor.

 

Secs. 24-112--24-115.  Reserved.

 

Sec. 24-116.  Right- and left-hand turns.

 

(a)   Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway.

 

(b)   The driver of a vehicle intending to turn left at any intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle and, after entering the intersection, the left turn shall be made so as to leave the intersection, as nearly as practicable, in the extreme left-hand lane lawfully available to traffic moving in such direction upon the roadway being entered.  Whenever practicable, the left turn shall be made in that portion of the intersection to the left of the center of the intersection.

 

(c)   When traffic-control devices place within or adjacent to intersections require and direct that a different course from that specified in this section be traveled by vehicles turning at an intersection, no driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by such devices. 

 

Source:  Code 1962 § 10-7-8; Ord. No. 3329, § 1, 6-17-85

State law reference--Similar provisions, R.R.S. 1943, 60-6,159 to 60-6,163.

 

Sec. 24-117.  Turning in opposite direction.

 

(a)   It shall be unlawful for the operator of any vehicle to turn such vehicle so as to proceed in the opposite direction or "U" turn, except at a street intersection and then not unless such movement can be made in safety and without backing or otherwise interfering with other traffic.

 

(b)   The provisions of subsection (a) notwithstanding, no such turns shall be made at intersections where traffic controlled by traffic-control signals exhibiting different colored lights, or colored lighted arrows, unless signs are in place at such intersections authorizing such turns.

 

(c)   The provisions of subsection (a) notwithstanding, it shall be unlawful for the operator of any vehicle to turn so as to proceed in the opposite direction of "U" turn at any street intersection where such turn is prohibited by a sign established by the chief of police with the approval of the council, or at any intersection which is a part of the state highway system where such turn is prohibited by a sign established by the Nebraska department of roads pursuant to state law. 

 

Source:  Code 1962, § 10-7-11; Ord. No. 3275, § 1, 12-3-84

 

Sec. 24-118.  Reserved.

 

Sec. 24-119.  Signals--Generally.

 

(a)   No person shall turn a vehicle or move right or left upon a roadway unless and until such movement can be made with reasonable safety nor without giving an appropriate signal in the manner provided by law.

 

(b)   A signal of intention to turn or move right or left when required shall be given continuously during not less than the last one hundred (100) feet traveled by the vehicle before turning.

 

(c)   No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided by law to the driver of any vehicle immediately to the rear when there is opportunity to give such signal.

 

(d)   The signals required on vehicles as provided by law shall not be flashed on one side only on a disabled vehicle, flashed as a courtesy or do pass signal to operators of other vehicles approaching from the rear, nor be flashed on one side only of a parked vehicle except as may be necessary for compliance with this section.

State law reference--Similar provisions, R.R.S. 1943, 60-6,159 to 60-6,163.

 

Sec. 24-120.  Same--Permissible signals.

 

(a)   Any stop or turn signal when required in this chapter shall be given either by means of the hand and arm or by signal lights, except as otherwise provided in this chapter.

 

(b)   Any motor vehicle having four (4) or more wheels manufactured or assembled after January 1, 1954, designed or used for the purpose of carrying passengers or freight, in use on a highway shall be equipped with signal lights, and any required signal shall be given by signal lights when the distance from the center of the top of the steering post to the left outside limit of the body, cab, or load of such motor vehicle exceeds twenty-four (24) inches, or when the distance from the center of the top of the steering post to the rear limit of the body or load thereof exceeds fourteen (14) feet.  The latter measurement shall apply to any single vehicle and to any combination of vehicles.

 

(c)   Under any condition when a hand and arm signal would not be visible both to the front and rear of the vehicle of such signaling driver for one hundred (100) feet, the required signals shall be given by such a light or device as required by this section.

 

(d)   Motorcycles, motor-driven cycles, motor scooters, bicycles, vehicles used solely for agricultural purposes, and vehicles not designed and intended primarily for use on a highway shall not be required to have or maintain in working order signal lights but they may be so equipped.  The operator thereof shall comply with the requirements for utilizing hand and arm signals or for utilizing signal lights if the vehicle is so equipped. 

 

Source:  Code 1962, § 10-1-10

State law reference--Similar provisions, R.R.S. 1943, 60-6,159 to 60-6,163.

 

Sec. 24-121.  Same--Hand and arm signals.

 

All hand and arm signals required by this chapter shall be given from the left side of the vehicle in the following manner and such signals shall indicate as follows:

 

(1)       Left turn-hand and arm extended horizontally;

 

(2)       Right turn-hand and arm extended upward; and

 

(3)       Stop or decrease speed-hand and arm extended downward.

 

Source:  Code 1962, § 10-7-10

State law reference--Similar provisions, R.R.S. 1943, 60-6,159 to 60-6,163.

 

Sec. 24-122.  Stopping at signal indicating approach of train.

 

(a)   Whenever any person driving a vehicle approaches a railroad grade crossing under any of the circumstances set forth in this section, the driver of such vehicle shall stop within fifty (50) feet but not less than fifteen (15) feet from the nearest rail of such railroad and shall not proceed until he can do so safely.  The requirements of this subsection shall apply when:

 

(1)       A clearly visible electric or mechanical signal device gives warning of the immediate approach of a railroad train;

(2)       A crossing gate is lowered or a human flagman gives or continues to give a signal of the approach or passage of a railroad train;

(3)       A railroad train approaching within approximately one-quarter mile of the highway crossing emits a signal audible from such distance and such railroad train, by reason of its speed or nearness to such crossing, is an immediate hazard; or

(4)       An approaching railroad train is plainly visible and is in hazardous proximity to such crossing.

 

(b)   No person shall drive any vehicle through, around, or under any crossing gate or barrier at a railroad crossing while such gate or barrier is closed or is being opened or closed.

State law reference--Similar provisions, R.R.S. 1943, 60-6,170 to 60-6,177.

 

Sec. 24-123.  Railroad crossing stop signs.

 

At particularly dangerous highway grade crossings of railroads where such stop signs are erected the driver of any vehicle shall stop within fifty (50) feet but not less than fifteen (15) feet from the nearest rail of such railroad and shall proceed only upon exercising due care. 

 

Source:  Code 1962, 10-7-9

State law reference--Similar provisions, R.R.S. 1943, 60-6,170 to 60-6,177.

 

Sec. 24-124.  Buses required to stop at railroad grade crossings.

 

(a)   The driver of any motor bus carrying passengers for hire, or of any school bus, before crossing at grade any track of a railroad, shall stop such vehicle within fifty (50) feet but not less than fifteen (15) feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train, and for signals indicating the approach of a train, except as provided in this chapter, and shall not proceed until he can do so safely.  After stopping as required by this section and upon proceeding when it is safe to do so, the driver of any such vehicle shall cross only in such gear of the vehicle that there will be no necessity for changing gears while traversing such track and the driver shall not shift gears while crossing such track.

 

(b)   No stop shall be made at any such crossing where a police officer or a crossing flagman directs traffic to proceed, or an abandoned or exempted grade crossing which is clearly marked as such by or with the consent of competent authority, when such markings can be read from the driver’s position.

State law reference--Similar provisions, R.R.S. 1943, 60-6,177.

 

Sec. 24-125.  Stops at grade crossing by vehicles carrying dangerous cargo.

 

(a)   The driver of any vehicle which carries;

 

(1)       Liquid petroleum and liquid petroleum products;

(2)       Flammable, oxidizing, or corrosive liquids;

(3)       Flammable, nonflammable, or poisonous compressed gases;

(4)       Volatile liquids or radioactive materials, whether loaded or empty; or

(5)       When carrying explosives, flammables, or oxidizing solids and solids which emit poisonous fumes as a cargo or any part of a cargo; shall before crossing at a grade any track of a railroad on streets and highways shall stop such vehicle not more than fifty (50) feet nor less than fifteen (15) feet from the nearest rail or railroad and while stopped shall listen and look in both directions along the track for an approaching train, and shall not proceed until precaution has been taken to ascertain that the course is clear.

 

(b)   The requirements of subsection (a) of this section shall not apply when any of the following circumstances or conditions exist:

 

(1)       When a police officer or a crossing flagman directs traffic to proceed;

(2)       An abandoned or exempted grade crossing which is clearly marked as such by or with the consent of competent authority, when such markings can be read from the driver’s position; or

(3)       Railroad tracks used exclusively for industrial switching purposes within a business district.

(4)       Nothing in this section shall be deemed to exempt the driver of any vehicle from compliance with the requirements contained in this chapter.

State law reference--Similar provisions, R.R.S. 1943, 60-6,170 to 60-6,177.

 

Sec. 24-126.  Heavy equipment to stop at railroad grade crossings.

 

(a)   No person shall operate or move any crawler-type tractor, steam shovel, derrick, roller, or any equipment or structure having a normal operating speed of ten (10) miles per hour or less or a vertical body or load clearance of less than one-half inch per foot of the distance between any two (2) adjacent axles or in any event of less than nine (9) inches, measured above the level surface of a roadway, upon or across any track at a railroad grade crossing without first complying with this section.

 

(b)   Before making any such crossing the person operating or moving any such vehicle or equipment shall first stop the same not less than fifteen (15) feet nor more than fifty (50) feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train and shall not proceed until the crossing can be made safely.

 

(c)   No such crossing shall be made while warning is given by automatic signal or crossing gates or a flagman or otherwise of the immediate approach of a railroad train or car.  If a flagman is provided by the railroad, movement over the crossing shall be under his direction.

State law reference--Similar provisions, R.R.S. 1943, 60-6,170 to 60-6,177.

 

Sec. 24-127.  Stopping for school bus.

 

(a)   The driver of any motor vehicle upon meeting or overtaking, from the front or rear, any school bus on which the stop warning signal lights are flashing shall reduce the speed of such vehicle to not more than twenty-five (25) miles per hour and shall bring such vehicle to a complete stop when the school bus stop signal arm is extended and shall remain stopped until the stop arm is retracted and the school bus resumes motion or until signaled by the bus driver to proceed.  This section shall not apply to approaching traffic in the opposite direction on a dual highway divided by a median strip.

 

(b)   The driver of any school bus used for the transportation of school children, when stopping to receive or discharge pupils, shall turn on flashing stop warning signal lights at a distance of not less than three hundred (300) feet from the point where such pupils are to be received or discharged from the bus.  At the point of receiving or discharging pupils the driver shall bring the bus to a stop and extend a stop arm.  After receiving or discharging pupils, the bus driver shall turn off the flashing stop warning signal lights, retract the stop arm, and then proceed on the route.  No school bus shall stop to load or unload pupils unless there is at least four hundred (400) feet of clear vision in each direction.

 

(c)   All pupils shall be received and discharged from the right front entrance of every school bus and, if such pupils must cross a highway, the driver shall instruct such pupils to cross in front of the bus and the driver shall keep such school bus halted with stop warning signal lights flashing and the stop arm extended until such pupils have reached the opposite side of such roadway.

 

(d)   The driver of a vehicle upon a highway with separate roadways need not stop upon meeting or passing a school bus which is on a different roadway or when upon a freeway and such school bus is stopped in a loading zone which is a part of or adjacent to such highway and where pedestrians are not permitted to cross the roadway.

 

(e)   Every bus used for the transportation of school children shall bear upon the front and rear thereof plainly visible signs containing the words School Bus in letters not less than eight (8) inches high.

 

(f)   When a school bus is being operated upon a highway for purposes other than the actual transportation of children either to or from school, all markings thereon indicating school bus shall be covered or concealed.  The stop arms and system of alternately flashing warning signal lights shall not be operable through the usual controls.

State law reference--Similar provisions, R.R.S. 1943, 60-6,170 to 60-6,177.

 

Secs. 24-128--24-135.  Reserved.

 

Sec. 24-136.    Vehicles approaching or entering intersection at same time or entering a highway or roadway.

 

(a)   When two (2) vehicles approach or enter an intersection from different roadways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.

 

(b)   Notwithstanding the provisions of subsection (a) of this section, a vehicle entering a highway from an acceleration lane, ramp, or any other approach road shall yield the right-of-way to a vehicle on the main roadway entering such merging area at the same time, regardless of whether the approach road is to the left or the right of the main roadway, unless posted signs indicate otherwise.

 

(c)   The driver of a vehicle about to enter or cross a paved roadway from an unpaved roadway and who is not subject to control by a traffic-control device shall yield the right-of-way to all vehicles approaching on such paved roadway.

 

(d)   The right-of-way rules set forth in subsections (a) and (c) of this section are modified at through highways and otherwise as stated in this chapter. 

 

Source:  Code 1962, §§ 10-7-6, 10-7-8

State law reference--Similar provisions, R.R.S. 1943, 60-6,146 to 60-6,154.

 

Sec. 24-137.  Vehicle turning left.

 

The driver of a vehicle who intends to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction which is within the intersection or approaching so close as to constitute an immediate hazard. 

 

Source:  Code 1962, § 10-7-8

State law reference--Similar provisions, R.R.S. 1943, 60-6,146 to 60-6,154.

 

Sec. 24-138.  Stop and yield signs.

 

(a)   Except when directed to proceed by a police officer or traffic-control signal, every driver of a vehicle approaching an intersection where a stop is indicated by a stop sign shall stop at a clearly marked stop line, but if there is no such line, before entering the crosswalk on the near side of the intersection or, if no crosswalk is indicated, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection.  After having stopped, such driver shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on such highway as to constitute an immediate hazard if such driver moved across or into such intersection.

 

(b)   The driver of a vehicle approaching a yield sign shall slow to a speed reasonable under the existing conditions and, if required for safety to stop, shall stop at a clearly marked stop line, but if there is no such line, before entering the crosswalk on the near side of the intersection or, if no crosswalk is indicated, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway.  After slowing or stopping, such driver shall yield the right-of-way to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard if such driver moved across or into such intersection.

State law reference--Similar provisions, R.R.S. 1943, 60-6,146 to 60-6,154.

 

Sec. 24-139.  Entering roadway from private road or driveway.

 

The driver of a vehicle emerging from an alley, driveway, private road, or building shall stop such vehicle immediately before driving onto a sidewalk or onto the sidewalk area extending across such alley, driveway, road, or building entrance, and shall yield the right-of-way to any pedestrian approaching on any sidewalk extending across such alley, driveway, road, or building entrance.  Before entering the highway, he shall yield the right-of-way to all vehicles approaching on such highway. 

 

Source:  Code 1962, § 10-7-13

State law reference--Similar provisions, R.R.S. 1943, 60-6,146 to 60-6,154.

 

Sec. 24-140.  Moving a stopped, standing, or parked vehicle.

 

No person shall move a vehicle which is stopped, standing, or parked without yielding the right-of-way to all other vehicles and pedestrians affected by such movement, and in no event until such movement can be made with reasonable safety.

State law reference--Similar provisions, R.R.S. 1943, 60-6,146 to 60-6,154.

 

Sec. 24-141.  Approach of emergency vehicles.

 

(a)   Upon the immediate approach of an authorized emergency vehicle which makes use of proper audible or visual signals:

 

(1)       The driver of any other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to and as close as possible to the right-hand edge or curb of the roadway, or to either edge or curb of a one-way roadway, clear of any intersection, and shall stop and remain in such position until such emergency vehicle passes, unless otherwise directed by any police or traffic officer; and

(2)       Any pedestrian using such roadway shall yield the right-of-way until such emergency vehicle passes, unless otherwise directed by any police or traffic officer.

 

(b)   This section shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway. 

 

Source:  Code 1962, §§ 10-7-7, 10-10-3

State law reference--Similar provisions, R.R.S. 1943, 60-6,146 to 60-6,154.

 

Secs. 24-142--24-149.  Reserved.

 

Sec. 24-150.  Penalty for violation of article; presumption of responsibility.

 

(a)  Any person who violates the provisions of this article, other than section 24-153(b) or section 24-169, shall be subject to having placed on his, her, their or its vehicle a parking ticket by any police officer or person or persons designated by the chief of police with such enforcement authority.  Said parking ticket shall be for the sum of twenty-five dollars ($25.00) and the owner or operator of any such vehicle shall, within seventy-two (72) hours, pay the same to the office of the city clerk.  If said ticket is not paid within said seventy-two (72) hour period, the parking violation shall consti­tute an offense, and the owner or operator of said vehicle shall upon conviction thereof be subject to a fine of twenty-five dollars ($25.00).  If the identity of the operator of a motor vehicle cannot be deter­mined, the owner or person in whose name such vehicle is regis­tered shall be held prima facie responsible for such infraction.

 

(b)  Any person who violates the provisions of section 24-153(b) or 24-169 shall be guilty of an offense, and upon conviction thereof, be subject to the general penalty section (section 1-16) of this Code.  If the identity of the operator of a motor vehicle cannot be determined, the owner or person in whose name such vehicle is registered shall be held prima facie responsible for such infraction. 

 

(c)  Nothing in this chapter will prohibit law enforcement from parking a speed monitoring trailer for the purpose of monitoring the speed of motorists for traffic studies or education of the motoring public.

 

Source:  Ord. No. 3095, § 7, 10-18-82; Ord. No. 3374, § 1, 1-6-86; Ord. No. 4209, § 1, 10-7-96; Ord. No. 4414, § 1, 7-6-99; Ord. No. 5256, § 1, 7-1-13; Ord. No. 5271, § 1, 10-7-13; Ord. No.  5473, § 1, 5-15-17

 

Sec. 24-151.  Marking of spaces, etc.

 

The council shall designate by order the place and width of spaces required to be designated.  Where parking is prohibited, and such designated places or spaces shall be designated as such by an official no parking sign, or painted upon the curb of the roadway, and it shall be an offense for any person other than the chief of police to mark, paint or by signs, attempt to prohibit parking. 

 

Source:  Code 1962, § 10-5-2

 

Sec. 24-151.1. On roadways.

 

(a)   Except when necessary to avoid conflict with other traffic, or in compliance with the law or the directions of a law enforcement officer or traffic control device, no person shall stop, park, or leave standing any vehicle upon a roadway.

 

(b)   No person, except law enforcement, fire department, civil defense, public or private ambulance, or authorized state department of roads or city or county personnel, shall loiter or stand or park any vehicle upon any bridge, road, or structure which is located above or below or crosses over or under the roadway of any highway or approach or exit thereto.

 

(c)   This section shall not apply to any vehicle which is disabled while on the roadway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position when said vehicle does not constitute a hazard to the traveling public.

 

(d)   No person shall park or leave standing any vehicle upon a highway on which parking is legally permitted, for a period of time exceeding seven (7) days.

 

(e)   No person shall park or leave standing any inoperable motor vehicle upon a highway on which parking is legally permitted for a period of time exceeding twenty-four (24) hours. The provisions of this subsection shall not apply to vehicles displaying a current and valid In Transit decal as provided for in Nebraska Revised Statute 60-320. The owner of any motor vehicle receiving a parking ticket for violation of this section who had purchased the vehicle in the State of Nebraska, other than from a licensed dealer, within the thirty-day time period immediately prior to the violation of this subsection shall be entitled to have any parking ticket issued pursuant to this subsection voided upon providing a certificate showing the date of transfer to the owner and the certificate of title to such vehicle with assignment thereof duly executed in favor of buyer.

 

(f)   No person shall park or leave standing any motor vehicle upon a highway on which parking is legally permitted if said vehicle is not licensed and registered in accordance with state law. 

 

Source:  Ord. No. 3704, §§ 1, 2, 5-7-90; Ord. No. 3864, § 2, 4-20-92;  Ord. No. 4471, § 1, 5-15-00

 State law reference--Similar provisions, R.R.S. 1943, 60-6,164.

 

Sec. 24-152.  Removal of vehicles by city; redeeming of impounded vehicles.

 

(a)   Whenever any police officer shall find a vehicle standing upon a highway in violation of any of the provisions of this chapter, 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 highway or from such highway.

 

(b)   Only the registered owner, a person authorized by the registered owner or a person lawfully entitled to the possession of such vehicle may redeem an impounded vehicle.  A person redeeming an impounded vehicle must produce a valid driver’s license.

 

(c)   Any person redeeming a vehicle impounded by the city shall pay the cost of towing charged to the city by its towing contractor plus storage fees and daily fees as set forth in Section 2-5 of this Code prior to redeeming the vehicle.  (Ord. No. 4501, § 1, 12-18-00)

 

(d)   It shall be an offense for the owner of a vehicle to abandon a vehicle by failing to redeem a towed vehicle within forty five (45) days after being towed.

 

(e)   The owner of any vehicle which is impounded under this chapter shall be held responsible for payment of the towing and storage fees.  Failure to pay such towing and storage fees to the City within fifteen (15) days after being billed for the same by the city shall constitute an offense.

Cross reference--Wrecked or abandoned vehicles, § 17-26 et seq.

State law reference--Similar provisions, R.R.S. 1943, 60-6,165 to 60-6,169.; Ord. No. 5137, § 1, 9-7-10; Ord. No. 5135, § 15, 9-7-10

 

Sec. 24-153.  Prohibited in certain places.

 

(a)   Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a law enforcement officer or traffic-control device, no person shall:

 

(1)       Stop, stand or park any vehicle:

a.         On the roadway side of any vehicle stopped or parked at the edge or curb of a street or on the roadway side of any lawfully existing parking area;

b.         So that all or any part of any vehicle is on or over any portion of a sidewalk or terrace;

c.         Within an intersection;

d.         On a crosswalk;

e.         Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless the department of roads or the city council indicates a different length by signs or markings;

f.          Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic;

g.         Upon any bridge or other elevated structure upon a highway or within a highway tunnel

h.         On any railroad track;

i.          At any place where official signs prohibit stopping;

j.          Within the turnaround area or circular area of a cul-de-sac abutting an area of multi-family dwellings of more than one-story height;

k.         In front of or adjacent to such portion of schools, school buildings, and school playgrounds as may be designated and marked by the chief of police, on school days from 8:00 a.m. to 4:00 p.m.;

l.          In front of theatre entrances during public use and where designated and marked;

m.       In front of entrances and exits at hotels of fifty (50) guestrooms or more, where designated and marked by appropriate signs;

n.         In front of the entrance to any building where there is a public assemblage of one hundred (100) persons or more, where designated and marked;

o.         At any place where signs placed by the chief of police with the approval of the council prohibit standing, stopping or parking; or

p.         On the non-paved portion of any cul-de-sac.

(2)        Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers unless otherwise prohibited:

a.         In front of a public or private driveway;

b.         Within fifteen (15) feet of a fire hydrant;

c.         Within forty (40) feet of any street intersection;

d.         Within twenty (20) feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of such entrance when properly signed and posted;

e.         At any place where official signs placed by the chief of police with the approval of the city council prohibit standing or parking;

f.          Within thirty (30) feet of any flashing signal, stop sign, or yield sign located at the side of a roadway; or

g.         Within five (5) feet of the end of the radius of any driveway, alleyway or parking lot entrance or exit.

(3)       Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers unless otherwise prohibitited:

a.         Within fifty (50) feet of the nearest rail of a railroad crossing; or

b.         At any place where signs placed by the chief of police with the approval of the council prohibit parking.

 (b)   No person shall remove a vehicle not lawfully under his control into such prohibited area or away from a curb such a distance as shall be unlawful. 

 

Source:  Code 1962 §§ 10-5-1, 10-5-2; Ord. No. 2916, § 1, 11-17-80; Ord. No. 3522, § 1, 3-21-88; Ord. No. 3768, § 1, 1-7-91; Ord. No. 3799, § 1, 4-15-91; Ord. No. 3984, § 1, 9-7-93; Ord. No. 4166, § 1, 5-6-96; Ord. No. 4461, § 1, 4-17-2000; Ord. No. 5223, § 1, 9-4-12; Ord. No. 5311, § 1, 8-18-14

State law reference--Similar provisions, R.R.S. 1943, 60-6,165 to 60-6,169.

 

Sec. 24-154.  Distance of parked vehicle from curb; angle and parallel parking.

 

(a)   Except as otherwise provided in this section, any vehicle stopped or parked upon a two-way roadway shall be so stopped or parked with the right-hand wheels parallel to and within twelve (12) inches of the right-hand curb or edge of such roadway.

 

(b)   Except when otherwise provided, 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 twelve (12) inches of the right-hand curb or edge of the roadway, or its left-hand wheels within twelve (12) inches of the left-hand curb or edge of such roadway.

 

(c)   Except as otherwise provided in this section, any vehicle stopped or parked within the turnaround area or circular area of a cul-de-sac shall be so stopped or parked with the right hand wheels parallel to and within twelve (12) inches of the outer curb or edge of such cul-de-sac.

 

(d)   The following areas are hereby designated for angle parking:

 

Street	Sides (Both if not indicated)	From	To
Norfolk Avenue		1st St.	8th St.
Northwestern Avenue	North	3rd St.	Hendrix St.
Verges Avenue	North	16 feet east of the east property line of 12th St.	100 feet east of the east property line of 12th St.
6th Street		Norfolk Ave.	Madison Ave.
6th Street	West	Madison Ave.	147 feet south of the south  property line of Madison Ave.
8th Street	East	Norfolk Ave.	82 feet north of the north property line of Madison Ave.
9th Street	West	Norfolk Ave.	Alley north of Norfolk Ave.
12th Street	East	Norfolk Ave.	Alley south of Norfolk Ave.

 

Source:  Ord. No. 4049, § 1, 9-6-94; Ord. No. 5223, § 2, 9-4-12

State law reference--Similar provisions, R.R.S. 1943, 60-6,165 to 60-6,169.

 

Sec. 24-155.  Unattended motor vehicles.

 

No person having control or charge of a motor vehicle shall allow such vehicle to stand unattended on a highway without first stopping the motor of such vehicle, locking the ignition, removing the key from the ignition, and effectively setting the brakes thereon and, when standing upon any roadway, turning the front wheels of such vehicle to the curb or side of such roadway.

 

Source:  Code 1962, § 10-7-14

Cross reference--Wrecked or abandoned vehicles, § 17-26 et seq.

State law reference--Similar provisions, R.R.S. 1943, 60-6,165 to 60-6,169.

 

Sec. 24-156.  Blocking traffic.

 

It shall be unlawful for the operator of any vehicle to stop, stand or park any vehicle on a street, other than an alley, in such a manner or under such conditions as to leave available less than one-half of the width of the roadway for the free movement of vehicular traffic, except that an operator may stop temporarily during the actual loading or unloading of passengers unless otherwise prohibited, or when necessary in obedience to traffic regulations or traffic signs, or signals of a police officer. 

 

Source:  Code 1962, § 10-5-6; Ord. No. 5311, § 2, 8-18-14

 

Sec. 24-157.  Repairs to vehicles.

 

No person shall make any repairs other than emergency repairs to any vehicle located on any sidewalk, street or alleys. 

 

Source:  Code 1962, § 10-5-2

 

Sec. 24-158.  Reserved.

 

Editor’s note--Former § 24-158, pertaining to loading zones, was repealed by Ord. No. 3095, § 3, enacted Oct. 18, 1982; said former section was derived from § 10-5-3 of the 1962 Code.

 

Sec. 24-159.  Bus stops, taxicab stands, etc.

 

It shall be unlawful for the operator of any vehicle, other than a bus, to stand or park in an officially designated bus stop; or for any vehicle other than a taxicab, to stand or park in an officially designated taxicab stand; except that the operator of any passenger vehicle may temporarily stop at any stop or stands for the purpose and while actually engaged in the loading or unloading of passengers unless otherwise prohibited.  This section shall not prohibit any official United States postal vehicle from standing or parking in any such stop or stands for the purpose of the delivery, collection or receipt of mail. 

 

Source:  Code 1962, § 10-5-5; Ord. No. 5311, § 3, 8-18-14

 

Sec. 24-160. Parking of trailers, trucks, etc.

 

(a)   It shall be unlawful for the owner or operator of a semi-tractor-truck with trailer attached or unattached, or any trailer unattached, or other motor vehicle with trailer unattached, or other motor vehicle with trailer, bed or boxes attached which exceeds nine (9) feet in length, or motor vehicle with a five-ton license, certificate or plate, or more, except emergency vehicles, to park on the streets within the city, except when being used for the purpose of delivering or collecting goods, wares, merchandise or materials or obtaining repairs from, or dealing with regularly established business firms on new or used trucks, or equipment related thereto, and then only for a period of time no longer than is necessary for the expeditious delivery or collecting of goods, wares, merchandise or materials.

 

(b)   Subsection (a) shall not apply to trucks or motor vehicles being used within the city in connection with building, repair, service or moving operations.

 

(c)   Subsection (a) shall not apply to law enforcement parking a speed monitoring trailer for the purpose of monitoring the speed of motorists for traffic studies or education of the motoring public. 

 

Source:  Code 1962, § 10-5-14; Ord. No. 4098, § 1, 8-21-95; Ord. No. 4473,  § 1, 6-5-00; Ord. No. 5696, § 1, 09-21-20;

 

Sec. 24-161.  Parking in terraces.

 

(a)   As used in this section the term "terrace" shall mean that area between the property line and the curb line of the street.

 

(b)   It shall be unlawful except as herein provided to park any motor vehicle, trailer, machinery or equipment upon the terrace unless such terrace is paved; provided, however, that motor vehicles may continue to park on the paved terraces unless it is determined by the mayor and council that such parking constitutes a traffic hazard at which time such parking shall be prohibited.

 

(c)   It shall be unlawful to store any motor vehicle, trailer, machinery or equipment upon a terrace.

 

(d)   Subsection (b) shall not apply to law enforcement parking a speed monitoring trailer for the purpose of monitoring the speed of motorists for traffic studies or education of the motoring public. 

 

Source:  Code 1962, § 10-5-15; Ord. No. 4473, § 1, 6-5-00

 

Sec. 24-162.  Parking in alleys.

 

Parking in alleys shall be unlawful except during the necessary and expeditious loading and unloading of merchandise. 

 

Source:  Code 1962, § 10-5-6

 

Sec. 24-163.  Towing and ticketing illegally parked vehicles.

 

(a)   Vehicles parked in violation of this chapter, upon the public streets and highways of the city shall be subject to being towed away.

 

(b)   Vehicles parked in violation of this chapter in a publicly-owned, off-street parking lot, in a restricted privately-owned parking lot or on private property within the city, without the consent of the owner or tenant thereof, shall be subject to being towed away, if the said parking lot or private property is properly posted.

 

(c)   Any person parking a vehicle in a properly-posted, privately-owned parking lot in violation of this chapter or without the consent of the owner or tenant thereof, shall be guilty of a parking violation and the vehicle shall be subject to being towed away by the owner or tenant of such lot or property.  If the identity of the operator of a vehicle in violation of this section cannot be determined, the owner or person in whose name such vehicle is registered shall be held prima facie responsible for such parking violation.  When any law enforcement officer observes or is advised that a vehicle may be in violation of this section, he or she shall make a determination as to whether violation of this section has in fact occurred and, if so, may personally attach to such vehicle a parking ticket, directed to the owner or operator of such vehicle, which shall set forth the nature of the parking violation.  As used in this section, law enforcement officer shall include any authorized representative of a law enforcement agency.

 

(d)   Any person parking a vehicle in a properly-posted, publicly-owned parking lot in violation of this chapter or without the consent of the owner or tenant thereof, shall be guilty of a parking violation and the vehicle shall be subject to being towed away by the owner or tenant of such lot or property.  If the identity of the operator of a vehicle in violation of this section cannot be determined, the owner or person in whose name such vehicle is registered shall be held prima facie responsible for such parking violation.  When any law enforcement officer observes or is advised that a vehicle may be in violation of this section, he or she shall make a determination as to whether violation of this section has in fact occurred and, if so, may personally attach to such vehicle a parking ticket, directed to the owner or operator of such vehicle, which shall set forth the nature of the parking violation.  As used in this section, law enforcement officer shall include any authorized representative of a law enforcement agency.

 

(e)   Signs designating a parking lot or private property, as set forth in paragraph (b) above, shall be readily visible and shall state the purpose or purposes for parking on the parking lot or private property, state the hours for restricted parking, and state who to contact for information regarding a towed vehicle. 

 

Source:  Ord. No. 3095, § 8, 10-8-82; Ord. No. 3509, § 1, 10-19-87; Ord. No. 3976, § 1, 8-16-93; Ord. No. 4056, § 1, 10-3-94; Ord. No. 4414, § 2, 7-6-99; Ord. No. 4441, § 1, 12-20-99

Cross reference--Similar provisions, § 24-150.

 

Sec. 24-164.  Parking restriction for specific streets--Total prohibition.

 

(a)   It shall be an offense for any person to park a motor vehicle in any of the following locations, except that restrictions set forth in this subsection shall not be applied to a lawfully-created handicapped parking stall:

 

Street	SIDES (Both if not indicated)	LOCATION (Entire street unless otherwise indicated) From	To
Access road on southwest corner of intersection of 13th Street & Omaha Avenue
Benjamin Avenue		East city limits	West city limits
Bluff Avenue		Entrance to Veterans Memorial Park	1st Street
Braasch Avenue	Both (except in cutout parking stalls constructed along the street where parking shall be allowed unless otherwise restricted)	1st St.	5th St.
Braasch Avenue	South	5th St.	7th St.
Center Drive
Cottonwood Street	East	Norfolk Ave.	Prospect Ave.
Country Club Road
East Knolls Street	East	The beginning of the curve on the southeast corner where East Knolls St. and East Sycamore Ave. meet	North to where East Knolls St. becomes East Sycamore Ave.
Eldorado Road		Within the turn around area or circular area of the cul-de-sac at the north end of Eldorado Road
Eldorado Road		100 ft. south of the entrance to the cul-de-sac at the north end of Eldorado Road
Elm Avenue	South	4th St.	3rd St.
Elm Avenue	South	Queen City Blvd.	Roland St.
Elm Avenue	North	Roland St.	13th St.
Ferguson Dr.	West & South	Bluff Ave.	North and west around the curve 360 ft. to where Ferguson Dr. meets and transitions into Pasewalk Ave.
Galeta Avenue	North
Georgia Avenue	North	1st St.	2nd St.
Georgia Avenue	South	59 ft. east of the east curb line of N. 2nd St.	89 ft. east of the east curb line of N. 2nd St.
Georgia Avenue	South	2nd St.	3rd St.
Georgia Avenue	North	Centerline of 8th St.	170 ft. east of centerline of 7th St.
Glenn Street	West	Glenwood Blvd.	Michigan Ave.
Glenwood Boulevard	West	Pasewalk Ave.	Glenn St.
Impala Drive (east leg)	West	Galeta Ave.	Impala Dr. (east-west leg)
Impala Drive (west leg)	East	Galeta Ave.	Impala Dr. (east-west leg)
Impala Drive (east-west leg)	North	Impala Dr. (east leg)	Impala Dr. (west leg)
Jefferson Avenue	South	1st St.	4th St.
Klug Avenue		1st St.	200 ft. east of 1st St.
Koenigstein Avenue	North	13th St.	18th St.
Koenigstein Avenue	South	West line of 16th St.	80 ft. west of such line
Koenigstein Avenue	South	7th St.	8th St.
Krenzien Drive
Madison Avenue	North	180 ft. east of east property line of 13th St.	East property line of 13th St.
Madison Avenue	North	7th Street	110 ft. west of west property line of 7th St.
Madison Avenue	North	3rd Street	100 ft. west of west property line of 3rd St.
Madison Avenue	South	1st Street	173 ft. east of east property line of 2nd St.
Maple Avenue	North	18th St.	19th St.
Market Lane
McKinley Avenue	South	East city limits	West end of McKinley Avenue
Michigan Avenue		6th St.	18th St.
Miller Avenue	North	145 ft. west of west curb line of 2nd Street	165 ft. west of west curb line of 2nd Street
Monroe Avenue		East city limits	West city limits
Norfolk Avenue		8th St.	West city limits
Norfolk Avenue		East city limits	1st St.
Omaha Avenue		East city limits	315 ft. east of the east curb line of the north/south portion of West Omaha Ave. (access road to Vulcraft Division of Nucor Corporation)
Omaha Avenue	South	315 ft. east of the east curb line of the north/south portion of West Omaha Ave. (access road to Vulcraft Division of Nucor Corporation)	East curb line of the north/south portion of West Omaha Ave. (access road to Vulcraft Division of Nucor Corporation)
Omaha Avenue		East curb line of the north/south portion of West Omaha Ave. (access road to Vulcraft Division of Nucor Corporation)	West city limits
Park Avenue	South	265 ft. west of the west curb line of 18th St.	350 ft. west of the west curb line of 18th St.
Pasewalk Avenue		1st St.	25th St.
Pasewalk Avenue	North	Logan St.	1st St.
Phillip Avenue	North	17th St.	18th St.
Phillip Avenue	North	11th St.	61 ft. west of 11th St.
Pine Street		Benjamin Ave.	415 ft. south of the south property line of Benjamin Ave.
Pine Street/ Industrial Road		Omaha Ave.	South end of street
Prospect Avenue	South	1st St.	Cottonwood St.
Prospect Avenue		3rd St.	4th St.
Prospect Avenue	North	4th St.	13th St.
Prospect Avenue	South	13th St.	27th St.
Queen City Blvd.		Georgia Ave.	100 ft. south of the south property line of Georgia Ave.
Riverside Blvd.		325 ft. north of north property line of Walnut Ave.	North city limits
Rolling Hills Drive	North	27th St.	150 ft. west of the west property line of 29th St.
Sycamore Avenue	South	40 feet east of the end of the curve on the southeast corner of where East Sycamore Ave. and East Knolls St. meet	West to where East Sycamore Ave. becomes East Knolls St.
Ta-Ha-Zouka Road		13th St.	15th St.
Taylor Avenue	South	North curb line of Pasewalk Ave.	East curb line of 25th St.
Verges Avenue	South	4th St.	Queen City Blvd.
Vicki Lane		18th St.	20th St.
Victory Road		North city limits	South city limits
Walnut Avenue	North	260 ft. east of the east property line of 6th St.	392 ft. east of the east property line of 6th St.
Walnut Avenue	South	Riverside Blvd.	6th St.
1st Street		South city limits	North city limits
2nd Street	East	Madison Ave.	75 ft. north of the north property line of Madison Ave.
2nd Street	East	75 ft. north of the north curb line of Sycamore Ave.	105 ft. north of the north curb line of Sycamore Ave.
2nd Street	West	Sycamore Ave.	Georgia Ave.
3rd Street	East	Georgia Ave.	Elm Ave.
3rd Street	East	Madison Ave.	Omaha Ave.
4th Street	East	Madison Ave.	North line of alley between Madison Ave. and Phillip Ave.
4th Street	West	Madison Ave.	Omaha Ave.
4th Street		North right-of-way line of Braasch Ave.	325 ft. north of north property line of Walnut Ave.
5th Street	West	6 ft. north of north line of alley between Norfolk Ave. and Madison Ave.	North line of alley between Norfolk Ave. and Madison Ave.
5th Street	West	Walnut Ave.	Elm Ave.
5th Street	West	191 feet south of the south curb line of Prospect Ave.	251 feet south of the south curb line of Prospect Ave.
5th Street	West	482 ft. north of the north property line of Pasewalk Ave.	405 ft. north of the north property line of Pasewalk Ave.
5th Street	West	135 ft. north of north property line of Pasewalk Ave.	Pasewalk Ave.
5th Street	East	Phillip Ave.	Omaha Ave.
5th Street	East	Braasch Ave.	Verges Ave.
6th Street	East	50 ft. north of the north property line of Pasewalk Ave.	Pasewalk Ave.
6th Street	East	222 ft. north of the north curb line of Pasewalk Ave.	269 ft. north of the north curb line of Pasewalk Ave.
6th Street	West	South line of alley between Phillip & Park	Omaha Ave.
6th Street	East	30 ft. north of the north line of alley between Norfolk Ave. and Madison Ave.	North line of alley between Norfolk Ave. and Madison Ave.
6th Street	East	31 ft. north of north property line of Walnut Ave.	116 ft. north of the north property line of Walnut Ave.
6th Street		88 ft. north of the north property line of Spruce Ave.	194 ft. north of the north property line of Spruce Ave.
6th Street	East	348 ft. north of the north property line of Walnut Ave.	635 ft. north of the north property line of Walnut Ave.
7th Street		Omaha Ave.	Michigan Ave.
7th Street	West	Michigan Ave.	Pasewalk Ave.
7th Street		Pasewalk Ave.	Prospect Ave.
8th Street	East	Norfolk Ave.	Koenigstein Ave.
10th Street	West	South line of alley between Norfolk Ave. & Madison Ave.	90 ft. south of south line of alley between Norfolk Ave. & Madison Ave.
10th Street	West	70 feet north of the north curb of Madison Ave.	North curb of Madison Ave.
10th Street	East	Norfolk Ave.	Madison Ave.
11th Street	East	144 ft. north of the north curb line of Georgia Ave.	192 ft. north of the north curb line of Georgia Ave.
11th Street	West	Norfolk Ave.	Prospect Ave.
11th Street	East	Norfolk Ave.	Taylor Ave.
11th Street	West	Taylor Ave.	Pasewalk Ave.
11th Street	East	Pasewalk Ave.	Pennsylvania Ave.
11th Street	West	Michigan Ave.	64 ft. south of the south curb line of Michigan Ave.
11th Street		Pennsylvania Ave.	Omaha Ave.
13th Street		North city limits	South city limits
14th Street		105 ft. south of centerline of Nebraska Ave.	60 ft. north of centerline of Nebraska Ave.
14th Street		180 ft. south of centerline of Madison Ave.	84 ft. north of centerline of Madison Ave.
15th Street		Norfolk Ave.	Koenigstein Ave.
15th Street		Ta-Ha-Zouka Rd.	575 ft. north of the north curb line of Monroe Ave.
16th Street	East	Norfolk Ave.	Koenigstein Ave.
16th Street	West	223 ft. north of Koenigstein Ave.	385 ft. north of Koenigstein Ave.
16th Street		Monroe Ave.	1150 ft. north of the north curb line of Monroe Ave.
18th Street		Phillip Ave.	Center Dr.
19th Street	West	Madison Ave.	100 ft. north of north property line of Madison Ave.
20th Street	West	Madison Ave.	135 ft. north of north property line of Madison Ave.
20th Street		Vicki Ln.	Omaha Ave.
21st Street	West	Madison Ave.	100 ft. north of north property line of Madison Ave.
24th Street	East	Norfolk Ave.	Taylor Ave.
25th Street		North city limits	South city limits
27th Street		Norfolk Ave.	Westside Plaza Dr.
27th Street	East	Prospect Ave.	Rolling Hills Dr.

 

(b)   The provisions of subsection (a) shall not apply to the following streets on Sundays between the hours of 6:00 a.m. and 1:00 p.m. or when funerals are being conducted at any church adjacent to the following streets:

 

Street	SIDES (Both if not indicated)	LOCATION (Entire street unless otherwise indicated) From	To
4th Street	West	South line of alley between Madison Ave. and Phillip Ave.	Phillip Ave.
5th Street	East	Phillip Ave.	100 ft. north of north property line of Pasewalk Ave.
5th Street	East	Pasewalk Ave.	Bluff Ave.

 

(c)   The provisions of subsection (a) shall not apply to the following street from Monday through Friday between the hours of 7:00 a.m. and 4:00 p.m. so long as the parked vehicle is (a) waiting temporarily for the purpose of loading or unloading passengers and (b) at all times occupied by the operator of the motor vehicle:

 

Street	SIDES (Both if not indicated)	LOCATION (Entire street unless otherwise indicated) From	To
5th Street	East	440 ft. north of north property line of Pasewalk Ave.	100 ft. north of north property line of Pasewalk Ave.

 

Source:  Code 1962, § 10-5-2; Ord. No. 2978, § 1, 4-20-81; Ord. No. 3058, § 1(62), 3-1-82; Ord. No. 3088, § 16, 9-7-82; Ord. No. 3112, § 1, 1-3-83; Ord. No. 3114, § 1, 1-3-83; Ord. No. 3123, § 1, 1-17-83; Ord. No. 3143, § 1, 7-5-83; Ord. No. 3163, § 1, 10-17-83; Ord. No. 3177, § 1, 11-21-83; Ord. No. 3198, § 1, 3-19-84; Ord. No. 3263, § 1, 11-5-84; Ord. No. 3280, § 1, 12-17-84; Ord. No. 3289, § 1, 3-4-85; Ord. No. 3309, § 1, 5-6-85; Ord. No. 3334, § 1, 8-5-85; Ord. No. 3355, § 1, 10-21-85; Ord. No. 3438, § 1, 10-20-86; Ord. No. 3502, § 1, 9-8-87; Ord. No. 3518, §§ 1, 2, 11-16-87; Ord. No. 3539, § 1, 4-4-88; Ord. No. 3547, § 1, 5-2-88; Ord. No. 3553, § 1, 6-6-88; Ord. No. 3557, § 1, 7-5-88; Ord. No. 3580, § 1, 8-15-88; Ord. No. 3603, § 1, 10-17-88; Ord. No. 3611, § 1, 12-19-88; Ord. No. 3618, § 1, 1-23-89; Ord. No. 3619, § 1, 1-23-89; Ord. No. 3711, § 1, 5-7-90; Ord. No. 3742, § 1, 9-4-90: Ord. No. 3749, § 1, 10-1-90; Ord. No. 3751, § 1, 11-5-90; Ord. No. 3753, § 1, 11-5-90; Ord. No. 3844, § 1, 2-18-92; Ord. No. 3856, §§ 1, 2, 4-20-92; Ord. No. 3863, § 1, 4-20-92; Ord. No. 3873, § 1, 6-1-92; Ord. No. 3899, § 1, 10-5-92; Ord. No. 3933, § 1, 2-16-93; § 1, 2-16-93; Ord. No. 3939, § 1, 3-16-93; Ord. No. 3951, § 1, 5-3-93; Ord. No. 3984, § 2, 9-7-93; Ord. No. 3998, § 1, 11-15-93; Ord. No. 4098, § 2, 7-3-95; Ord. No. 4163, § 1, 4-15-96; Ord. No. 4166 § 2, 5-6-96; Ord. No. 4187, § 1, 8-5-96; Ord. No. 4221, § 1, 11-4-96; Ord. No. 4279, § 1, 7-21-97; Ord. No. 4285, § 1, 8-4-97; Ord. No. 4433, § 1, 9-7-99; Ord. No. 4462, § 1, 4-17-00; Ord. No. 4503, § 1, 12-18-00; Ord. No. 4524, § 1, 5-7-01; Ord. No. 4582, § 1, 5-20-02; Ord. No. 4600, § 1, 9-3-02; Ord. No. 4608, § 1, 10-7-02; Ord. No. 4629, § 1, 2-18-03; Ord. No. 4654, § 1, 5-5-03; Ord. No. 4751, § 1, 8-2-04; Ord. No. 4802, § 1, 5-16-05; Ord. No. 4880, § 1, 5-1-06;  Ord. No. 4912, § 1, 11-20-06; Ord. No. 4932, § 1, 3-19-07; Ord. No. 4956, § 1, 7-16-07; Ord. No. 5012, § 1, 7-7-08; Ord. No. 5079, § 1, 7-20-09; Ord. No. 5124, § 2, 7-6-10; Ord. No. 5157, § 1, 4-18-11; Ord. No. 5179, § 1, 9-6-11; Ord. No. 5182, § 1, 9-19-11; Ord. No. 5211,  § 1, 5-21-12; Ord. No. 5214, § 1, 6-18-12; Ord. No. 5226, § 1, 9-4-12; Ord. No. 5234, § 1, 11-5-12; Ord. No. 5279, § 1, 1-6-14; Ord. No. 5291, § 1, 5-19-14; Ord. No. 5299, § 1, 7-7-14; Ord. No. 5377, § 1, 2-16-16; Ord. No. 5396, § 1, 6-6-16; Ord. No. 5451, § 1, 2-6-17; Ord. No. 5471, § 1, 5-1-17; Ord. No. 5509, § 1, 11-6-17; Ord. No. 5513,  § 1, 11-20-17; Ord. No. 5556, § 1, 7-2-18; Ord. No. 5560, § 1, 8-6-18; Ord. No. 5597, § 1, 2-19-19; Ord. No. 5625,  § 1, 8-5-19; Ord. No. 5685, § 1, 9-8-2020; Ord. No. 5706, § 1, 11-16-2020; Ord. No. 5812, § 1, 11-21-22; Ord. No. 5834, § 1, 6-5-23; Ord. No. 5851, § 1, 10-16-23;

 

Sec. 24-165.  Same--Restricted hours.

 

(a)   Nothing in this section shall be deemed to authorize parking in areas where parking is otherwise prohibited or restricted by ordinance.

 

(b)   No person shall park or allow to remain parked a vehicle between 2:00 a.m. and 7:00 a.m., in any of the following locations, except that restrictions set forth in this subsection shall not be applied to a lawfully-created handicapped parking stall:    

 

Street	Sides (Both if not indicated)	From	To
Braasch Ave.	Both (including cutout parking stalls constructed along the street where parking would otherwise be allowed)	1st St.	7th St.
Madison Ave.		1st St.	8th St.
Norfolk Ave.		5th St.	8th St.
Norfolk Ave.		1st St.	3rd St.
1st, 2nd, 3rd, and 4th Streets		Braasch Ave.	Madison Ave.
5th St.		Norfolk Ave.	Prospect Ave.

 

(c)   No person shall park or allow to remain parked a motor vehicle from Monday through Friday between the hours of 7:00 a.m. and 4:00 p.m. in any of the following locations unless the parked vehicle is (1) waiting temporarily for the purpose of loading or unloading passengers and (2) at all times occupied by the operator of the motor vehicle, except that restrictions set forth in this subsection shall not be applied to a lawfully-created handicapped parking stall: 

 

Street	Sides ( Both if not indicated)	From	To
5th Street	West	398 ft. north of north property line of Pasewalk Ave.	165 ft. north of north property line of Pasewalk Ave.
6th Street	East	116 ft. north of the north property line of Walnut Ave.	348 ft. north of the north property line of Walnut Ave.
6th Street	West	40 ft. north of the north curb line of Walnut Ave.	481 ft. north of the north curb line of Walnut Avenue

 

(d)   Reserved 

 

(e)   No person shall park or allow to remain parked a motor vehicle from Monday through Friday between the hours of 3:00 p.m. and 4:00 p.m. in any of the following locations unless the parked vehicle is (1) waiting temporarily for the purpose of loading or unloading passengers and (2) at all times occupied by the operator of the motor vehicle, except that restrictions set forth in this subsection shall not be applied to a lawfully-created handicapped parking stall: 

 

Street	Sides (Both if not indicated)	From	To
Phillip Avenue	North	61 ft. west of 11th St.	12th St.
Phillip Avenue	South	5.5 ft. east of east property line of 18th St.	246.5 ft. east of east property line of 18th St.
2nd St.		Indiana Ave.	Omaha Ave.
17th St.	West	8 ft. south of south property line of Phillip Ave.	355 ft. south of south property line of Phillip Ave.

 

(f)   No person shall park or allow to remain parked a vehicle between the hours of 9:00 p.m. and 2:00 a.m. in the following locations, except that restrictions set forth in this subsection shall not be applied to a lawfully-created handicapped parking stall: 

 

Street	Sides (Both if not indicated)	From	To
Hendricks	East	Whitney Ave.	Northwestern Ave.

 

(g)   No person shall park or allow to remain parked a vehicle between the hours of 11:00 p.m. and 6:00 a.m. in the following locations, except that restrictions set forth in this subsection shall not be applied to a lawfully-created handicapped parking stall:

 

Street	Sides (Both if not indicated)	From	To
Norfolk Avenue	South	2nd St.	3rd St.
Norfolk Avenue		3rd St.	5th St.
5th St.		Norfolk Ave.	Madison Ave.
6th St.		Norfolk Ave.	Madison Ave.

 

(h)   No person shall park or allow to remain parked a motor vehicle from Monday through Friday between the hours of 7:30 a.m. and 8:30 a.m. in any of the following locations unless the parked vehicle is (1) waiting temporarily for the purpose of loading or unloading passengers and (2) at all times occupied by the operator of the motor vehicle, except that restrictions set forth in this subsection shall not be applied to a lawfully-created handicapped parking stall:

 

Street	Sides (Both if not indicated)	From	To
Phillip Avenue	South	5.5 ft. east of east property line of 18th St.	246.5 ft. east of east property line of 18th St.
2nd St.		Indiana Ave.	Omaha Ave.
17th St.	West	8 ft. south of south property line of Phillip Ave.	355 ft. south of south property line of Phillip Ave.

 

Source:  Code 1962, § 10-5-2; Ord. No. 3034, § 1, 12-21-84; Ord. No. 3128, § 1, 2-22-83; Ord. No. 3355, § 2, 10-21-85; Ord. No. 3533, § 2, 3-21-88; Ord. No. 3899, § 2, 10-5-92; Ord. No. 3984, § 3, 9-7-93; Ord. No. 4166, § 3, 5-6-96; Ord. No. 4476, § 1, 7-17-00; Ord No. 4499, § 1, 12-4-00; Ord. No. 4504, § 12-18-00; Ord. No. 4525, § 1, 5-7-01; Ord. No. 4674, § 1, 8-18-03; Ord. No. 4695, § 1, 10-6-03; Ord. No. 4715, § 1, 01-05-04; Ord. No. 4754, § 1, 9-20-04; Ord. No. 4755, § 1, 10-04-04; Ord. No. 4932, § 2, 3-19-07; Ord. No. 4957, § 1, 7-16-07; Ord. No. 4959, § 1, 8-6-07; Ord. No. 5010, § 1, 6-16-08; Ord. No. 5012, § 2, 7-7-08; Ord. No. 5124, § 3, 7-6-10; Ord. No. 5129, § 1, 8-16-10; Ord. No. 5576, § 1, 11-5-18; Ord. No. 5706, § 2, 11-16-2020;

 

Sec. 24-165.1.  Same--Time limitations--Generally.

 

(a)   It shall be unlawful for any person to park a motor vehicle for a period in excess of fifteen (15) minutes at the following locations:  (unless otherwise indicated, each location listed shall contain one (1) stall only)

 

126 North 3rd Street

117 South 3rd Street (two stalls)

109 North 4th Street

132 South 4th Street

114 South 5th Street

The west side of South 5th Street from a point one hundred (100) feet south of Madison Avenue to a point one hundred twenty-two (122) feet south of Madison Avenue

The west side of South 5th Street from a point sixty-six (66) feet north of the north curb line of Phillip Avenue to a point one hundred fourteen (114) feet north of the north curb line of Phillip Avenue (two stalls)

400 Madison Avenue

405 Madison Avenue (two stalls)

227 Norfolk Avenue

719 Norfolk Avenue

 

(b)   Additional fifteen-minute parking zones or stalls may be created by the city council after application to and approval by the city council; provided, however, in no event shall more than two (2) such stalls be created on the same side of the street within the same block in an area which shall be bounded by the north side of Braasch Avenue, the east side of 1st Street, the south side of Madison Avenue, and the west side of 7th Street. 

 

Source:  Ord. No. 3095, § 6, 10-18-82; Ord. No. 3207, § 1, 4-16-84; Ord. No. 3462, § 1, 3-16-87; Ord. No. 3510, § 1, 10-19-97; Ord. No. 3557, § 2, 7-5-88; Ord. No. 3609, § 1, 11-21-88; Ord. No. 3673, § 2, 9-5-89; Ord. No. 3716, § 1, 5-21-90; Ord. No. 3737, § 1, 8-6-90; Ord. No. 3742, § 2, 9-4-90; Ord. No. 3867, § 1, 4-20-92; Ord. No. 3875, § 1, 7-6-92; Ord. No. 3927, § 1, 2-16-93; Ord. No. 4075, § 1, 12-19-94; Ord. No. 4130, § 1, 10-16-95; Ord. No. 4141, § 1, 2-5-96; Ord. No. 4589, § 1, 6-17-02; Ord. No. 4628, § 1, 2-18-03; Ord. No. 4710, § 1, 11-17-03; Ord No. 4909, § 1, 10-16-06; Ord. No. 4959, § 2, 8-6-07; Ord. No. 4964, § 1, 9-4-07; Ord. No. 5108, § 1,4-5-10; Ord. No. 5124, § 4, 7-6-10; Ord. No. 5185, § 1, 11-7-11; Ord. No. 5269, § 1, 10-7-13

Editor’s note--Codification of §§ 4, 5 and 6 of Ord. No. 3095, enacted Oct. 18, 1982, not expressly amendatory of the Code, as §§ 24-165.2(a), 24-165.2(b) and 24-165.1, respectively, was at the discretion of the editor.

 

Sec. 24-165.2. Same--Same During certain hours.

 

(a)  It shall be unlawful for any person to park a motor vehicle for a period in excess of two (2) hours, between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday, on the following streets:

 

Street	Sides (Both if not indicated)	From	To
Braasch Avenue	Both (including cutout parking stalls constructed along the street where parking would otherwise be allowed)	1st St.	5th St.
Madison Avenue		1st St.	7th St.
Norfolk Avenue		1st St.	8th St.
1st Street		Madison Ave.	Braasch Ave.
2nd Street		Madison Ave.	Braasch Ave.
3rd Street		Madison Ave.	Braasch Ave.
4th Street		Madison Ave.	Braasch Ave.
5th Street		Madison Ave.	Braasch Ave.
5th Street	West	Alley south of Madison Ave.	Madison Ave.
8th Street		Alley south of Norfolk Ave.	Norfolk Ave.

 

Source:  Ord. No. 3095, § 5, 10-18-82; Ord. No. 3107, § 1, 11-15-82; Ord. No. 3112, § 2, 1-3-83; Ord. No. 3137, § 1, 5-2-83; Ord. No. 3207, § 2, 4-16-84; Ord. No. 3501, § 1, 9-21-87; Ord. No. 3673, § 1, 9-5-89; Ord. No. 3845, § 1, 1-20-92; Ord. No. 4081, § 1, 2-6-95; Ord. No. 4311, § 1, 11-3-97; Ord. No. 5258,  § 1, 7-1-13; Ord. No. 5706, § 3, 11-16-2020;

Note--See editor’s note, § 24-165.1.

 

Sec. 24-166.  Same--Restrictions on certain trucks.

 

No person shall park a truck which has a capacity of one (1) ton or more on the following streets for a period of time longer than necessary to unload freight or passengers.

 

Street	Sides (Both if not indicated)	From	To
Madison Ave.		3rd St.	5th St.
Norfolk Ave.		West line of 1st St.	East line of 8th St.
Northwestern Ave.		West line of 4th St.	East line of 1st St.
1st St.		South line of Whitney Ave.	North line of Washington St.

 

Source:  Code 1962, § 10-5-2

 

Sec. 24-167.  Restriction in off-street lots.

 

It shall be unlawful for any person to park and allow to remain parked, between the hours of 6:00 a.m. and 6:00 p.m. Monday through Friday, any vehicle in any city-owned off-street parking lots for a period in excess of two (2) hours, unless any particular lot or lots are otherwise designated by resolution of the mayor and city council setting other parking restrictions and are signed accordingly. 

 

Source:  Ord. No. 2957, § 1, 3-2-81; Ord. No. 3207, § 3, 4-16-84; Ord. No. 3610, § 1, 11-21-88; Ord. No. 4438, § 1, 10-18-99; Ord. No. 5257,  § 1, 7-1-13

 

Sec. 24-168.  Reserved.

 

Editor’s note--Ord. No. 3374, § 2, adopted January 6, 1986, repealed § 24-168 in its entirety.  Section 1 of the aforesaid ordinance enacted similar provisions by amending § 24-150.  Former § 24-168 was concerned with parking violations and derived from Ord. No. 3207, § 4, adopted April 16, 1984.

 

Sec. 24-169.  Restriction for parking unauthorized vehicle in handicapped parking stall or space.

 

It shall be unlawful for any person, other than a person whose vehicle displays the distinguishing license plates issued to handicapped or disabled individuals pursuant to Section 60-331.02 N.R.S., as amended, or such other handicapped or disabled person or temporarily handicapped or disabled person pursuant to Section 18-1736 N.R.S., as amended, and whose vehicle displays the identification specified by Section 18-1737 N.R.S., as amended, to park any vehicle on-street or off-street, whether in or on public or private property, in any parking stall or space designated as parking for handicapped or disabled persons which has been posted with a sign immediately adjacent to and visible from each stall or space which sign includes the international sign of accessibility as defined in Part 3, 28 CFR, Part 36, Section 4.30.7. 

 

Source:  Ord. No. 3595, § 1, 9-19-88; Ord. No. 3957, § 1, 6-7-93; Ord. No. 5605, § 1, 3-4-19;

 

Sec. 24-170.  Reserved.

 

Secs. 24-171--24-200.  Reserved.

 

Sec. 24-201.  Routes designated.

 

(a)   Procedure, generally.  Streets which are emergency routes shall be as designated by ordinance.  The city shall place appropriate signs or other traffic-control devices indicating the exis­tence of such emergency routes.  A designation of any street, avenue, road, or highway, or portion thereof, as an emergency route shall in no way affect any previous designation of that street, avenue, road, or highway for any other purposes.

 

(b)   Specific routes designated.  The following streets located within the city are hereby designated as emergency routes:

 

Street	From	To
Alaska Avenue	Riverside Boulevard	U.S. Highway 81
Bluff Avenue	Pasewalk Avenue	Chestnut Street
Boxelder Street (north)	Norfolk Avenue	End of Boxelder Street
Chestnut Street	Omaha Avenue	Bluff Avenue
Elm Avenue	1st Street	4th Street
Georgia Avenue	Riverside Boulevard	13th Street
Klug Avenue	1st Street	Boxelder Street
Maple Avenue	Victory Road	East city limits
Pasewalk Avenue (east)	1st Street	Bluff Avenue
Prospect Avenue	4th Street	27th Street
Queen City Boulevard	Prospect Avenue	Benjamin Avenue
Taylor Avenue	25th Street	Pasewalk Avenue
7th Street	Omaha Avenue	Prospect Avenue
9th Street	Michigan Avenue	Omaha Avenue
18th Street	Benjamin Avenue	Phillip Avenue
20th Street	Pasewalk Avenue	Vicki Lane
24th Street	Norfolk Avenue	Taylor Avenue
27th Street	Norfolk Avenue	Prospect Avenue

 

Source:  Ord. No. 3127, §§ 3, 6, 2-22-83; Ord. No. 3741, § 1, 9-4-90; Ord. No. 4228, § 1, 12-2-96; Ord. No. 5758, § 1, 12-6-21;

 

Sec. 24-202.  When parking prohibited.

 

It shall be unlawful for any person to park or allow to remain parked any motor vehicle at any time on an emergency route, as designated under section 24-201(b) of this article, at any time an emergency has been declared by the mayor or his or her designated representative.

 

Source:  Ord. No. 3127, § 4, 2-22-83; Ord. No. 4312, § 1, 11-3-97

 

Sec. 24-203.    Declaration of emergency condition and parking prohibition--Emergency routes.

 

Whenever the mayor, or his or her designated representative, shall find, on the basis of falling snow, sleet, or freezing rain, or on the basis of an official forecast, by the U.S. Weather Bureau, of snow, sleet, or freezing rain, or that other weather conditions, such as tornado or violent electrical storms, will make it necessary that motor vehicle traffic be expedited and that parking on city emergency routes be prohibited or restricted for snow plowing and/or other purposes, the mayor or his or her designated representative may place into effect a parking prohibition on all emergency routes, by declaring that an emergency condition exists.  In such declaration of emergency conditions, the mayor or his or her designated representative shall state the time so designated it shall be unlawful to park or allow to remain parked any motor vehicle on emergency routes.  Once in effect, such parking prohibition imposed shall remain in effect until terminated by declaration of the mayor or his or her designated representative; provided, however, nothing in this section shall be construed to permit parking at any time or place where it is forbidden by any other provision of law. 

 

Source:  Ord. No. 3127, § 7, 2-22-83

 

Sec. 24-204.  Same--Local and residential streets.

 

Whenever the mayor, or his or her designated representative, shall find, on the basis of accumulated snow, falling snow, sleet, freezing rain, or on the basis of an official forecast by the U.S. Weather Bureau, of snow, sleet, or freezing rain, or by other weather conditions such as tornado or violent electrical storms, that conditions make it necessary that parking on local and residential streets, be prohibited or restricted for snow plowing and/or other purposes, he or she may put into effect a parking prohibition on parts of, or on all, local and residential streets, by declaring that parking be prohibited on one side of the local and residential streets, designating either the odd or even address numbered side, at his or her discretion; and, by declaring that parking be prohibited within the turnaround area or circular area of a cul-de-sac.  In such declaration, the mayor or his or her designated representative shall state the date and time on which such parking prohibition shall take effect.  The prohibition shall remain in effect until terminated by announcement of the mayor or his or her designated representative, who may then declare that there shall be in effect a parking prohibition on the opposite side of those local and residential streets designated above, which prohibition shall remain in effect until terminated by announcement of the mayor or his or her designated representative.

 

While the prohibition is in effect, it shall be unlawful for any person to park, or allow to remain parked, any vehicle on any side of a street whereon parking is prohibited.

 

Any parking prohibition put into effect related to snow and ice conditions shall remain in effect until terminated as set forth in this section except that any street area that has become substantially clear of snow and ice for the length of the entire block shall be automatically excluded from such prohibition. 

 

Source:  Ord. No. 3127, § 8, 2-22-83; Ord. No. 3832, § 1, 11-18-91; Ord. No. 5186, § 1, 11-7-11

 

Sec. 24-205.  Same--Announcement by broadcast and newspaper publication.

 

The mayor, or his or her designated representative, shall communicate to the broadcast media located within the city each declaration of an emergency, made by him or her.  Each announcement shall describe the action taken by the mayor, or his or her designated representative, including the time it became or will become effective, and shall specify the streets or areas affected.  The mayor, or his or her designated representative, shall make or cause to be made a record of each time and date when any declaration is announced to the public by issuing an executive order as soon after the declaration of an emergency as is feasible.  Whenever the mayor, or his or her designated representative, shall find that some or all of the conditions which gave rise to a parking prohibition placed in effect pursuant to the provisions of this article no longer exist, he or she may declare the prohibition terminated, in whole or in part, effective immediately upon announcement, or at a later specified time. 

 

Source:  Ord. No. 3127, § 11, 2-22-83; Ord. No. 5100, § 1, 10-19-09

 

Sec. 24-206.  Abandoned, stalled or stuck vehicles--Removal by operator.

 

Whenever an emergency has been declared pursuant to this article, it shall be unlawful for any person operating a motor vehicle on an emergency route to allow such vehicle to become stalled or stuck for any reason.  Whenever a motor vehicle becomes stalled or stuck for any reason, whether or not in violation of this article, on any emergency route on which there is a parking prohibition in effect, the person operating such vehicle shall take immediate action to have the vehicle towed or pushed off the roadway of such emergency route, either onto the nearest cross-street which is not an emergency route, or other appropriate location.  No person shall abandon or leave his vehicle in the roadway of an emergency route, except for the purpose of securing assistance during the actual time necessary to go to a nearby telephone or to a nearby garage, gasoline station, or other place of assistance and return without delay. 

 

Source:  Ord. No. 3127, § 9, 2-22-83

 

Sec. 24-207.  Same--Removal by police division; storage; towing, redemption fees; records to be maintained.

 

(a)   Members of the police division are hereby authorized to remove or have removed a vehicle from a street to another place or location on a street or to a lot, garage, storage yard, or other similar facility designated by the police division when:

 

(1)       The vehicle is parked on an emergency route on which a parking prohibition is in effect;

(2)       The vehicle is stalled on an emergency route on which there is a parking prohibition in effect and the person who is operating said vehicle does not appear to be removing it in accordance with the provisions of this article; or

(3)       The vehicle is parked on any street in violation of any parking prohibition or provision of law contained in this article and is interfering or about to interfere with snow removal operations.

 

(b)   Any vehicle removed pursuant to subsection (a) may be redeemed by the owner as provided for in section 24-152 of this Code. 

 

Source:  Ord. No. 3127, § 10, 2-22-83; Ord. No. 4502, § 1, 12-18-00

 

Sec. 24-208.  Precedence of article over conflicting provisions normally in effect; exceptions.

 

Any provision of this article which becomes effective by declaration of the mayor, or his or her designated representative, upon the occurrence of an emergency, while temporarily in effect, takes precedence over other conflicting provisions of law normally in effect, except that it shall not take precedence over provisions of law relating to traffic accidents, emergency vehicles, or emergency traffic directions by a police officer. 

 

Source:  Ord. No. 3127, § 12, 2-22-83

 

Secs. 24-210.  Reserved.

 

Sec. 24-211.  Definitions.

 

For the purposes of this division, the following definition shall apply:

 

Truck shall mean a semi-tractor or semi-tractor and trailer, or a truck and/or truck and trailer, having a rated vehicle weight of more than 26,000 pounds (Class 7).

 

Source:  Ord. No. 5713, § 2, 12-07-2020.

 

Sec. 24-212.  Routes designated.

 

(a)   Procedure, generally.  Streets which are truck routes shall be as designated by ordinance.  The city shall place appropriate signs or other traffic-control devices indicating the existence of such truck routes.  A designation of any street, avenue, road, or highway, or portion thereof, as a truck route shall in no way affect any previous designation of that street, avenue, road, or highway for any other purposes.

 

(b)   Specific routes designated.  The following streets located within the city are hereby designated as truck routes:

 

Street	From	To
Nebraska Highway 81	North city limits	South city limits
Victory Road	North city limits	Intersection of Highway 35 and Victory Road
Nebraska Highway 35	East city limits	Intersection of Highway 35 and Victory Road
Nebraska Highway 35	Intersection of Highway 35 and Victory Road	Omaha Avenue
Nebraska Highway 275	East city limits	West city limits
West Omaha Avenue	Intersection of West Omaha Avenue and Highway 275	West city limits

 

Source:  Ord. No. 5713, § 2, 12-07-20;

 

Sec. 24-213.  Operation of trucks.

 

It shall be unlawful for any person to operate any truck rated Class 7 or above which requires a Class B license over any street, avenue, or highway within the corporate limits of the city that is not designated as a truck route. 

 

Source:  Ord. No. 5713, § 2, 12-07-20;

 

Sec. 24-214.  Operation of trucks, exceptions.

 

(a)   If the commercial point of origin or commercial destination for any truck herein defined shall be off such truck route, then such vehicle may proceed to and from said commercial point of origin or commercial destination by the shortest route possible to and from the nearest truck route.

 

(b)   A resident of the city who operates a semi-tractor may proceed to and from a personal residence so long as the trailer is detached and so long as the sem-tractor proceeds to and from the personal residence by the shortest route possible to and from the nearest truck route.

 

(c)    Trucks being utiized by or at the direction of the city or the State of Nebraska when conducting road maintenance, snow removal, or responding to an emergency situation shall not be restricted to truck routes.

 

Source:  Ord. No. 5713, § 2, 12-07-20; Ord. No. 5760, § 1, 12-6-21;

 

Secs. 24-215--24-220.  Reserved.

 

Sec. 24-221.  Application of traffic laws.

 

Any person who operates a motorcycle shall have all of the rights and shall be subject to all of the duties applicable to the driver of any other vehicle under this chapter, except for special regulations in this chapter and except for those provisions of this chapter which by their nature can have no application.

State law reference--Similar provisions, R.R.S. 1943, 60-6,306 to 60-6,308.

 

Sec. 24-222.  Riding restrictions.

 

(a)   Any person who operates a motorcycle shall ride only upon a permanent and regular seat attached thereto, and shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than one person, in which event a passenger may ride upon the permanent and regular seat if designed for two (2) persons, or upon another seat firmly attached to the motorcycle to the rear or side of the operator.

 

(b)   Any person shall ride upon a motorcycle only while sitting astride the seat, facing forward.

 

(c)   No person shall operate a motorcycle while carrying any package, bundle, or other article which prevents him from keeping both hands on the handlebars.

 

(d)   No operator shall carry any person, nor shall any person ride, in a position that will interfere with the operation or control of the motorcycle or the view of the operator.

State law reference--Similar provisions, R.R.S. 1943, 60-6,306 to 60-6,308.

 

Sec. 24-223.  Operation on roadways laned for traffic.

 

(a)   A motorcycle shall be entitled to full use of a traffic lane of any highway and no vehicle shall be driven in such a manner as to deprive any motorcycle of the full use of such lane.  This subsection shall not apply to motorcycles operated two (2) abreast in a single lane.

 

(b)   The operator of a motorcycle shall not overtake and pass in the same lane occupied by a vehicle being overtaken.

 

(c)   No person shall operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.

 

(d)   Motorcycles shall not be operated more than two (2) abreast in a single lane.

 

(e)   Subsections (b) and (c) of this section shall not apply to police officers in the performance of their duties.

State law reference--Similar provisions, R.R.S. 1943, 60-6,306 to 60-6,308.

 

Sec. 24-224.  Clinging to other vehicles.

 

No person who rides upon a motorcycle shall attach himself or the motorcycle to any other vehicle on a roadway.

State law reference--Similar provisions, R.R.S. 1943, 39-695.

 

Sec. 24-225.  Footrests and handlebars.

 

(a)   Any motorcycle which carries a passenger, other than in a sidecar or enclosed cab, shall be equipped with footrests for such passenger.

 

(b)   No person shall operate any motorcycle with handlebars more than fifteen (15) inches above the mounting point of the handlebars.

State law reference--Similar provisions, R.R.S. 1943, 39-696

 

Secs. 24-226--24-235.  Reserved.

 

Sec. 24-236.  Definition.

 

For purposes of this article, "moped" shall mean a bicycle with fully operative pedals for propulsion by human power, an automatic transmission, and a motor with a cylinder capacity not exceeding fifty (50) cubic centimeters, which produces no more than two (2) brake horsepower and is capable of propelling the bicycle at a maximum design speed of no more than thirty (30) miles per hour on level ground.  Mopeds, their owners, and their operators shall be subject to Chapter 60, Article 4, Reissue Revised Statutes of Nebraska, 1943, but shall be exempt from the requirements of Chapter 60, Articles 1, 3, 5 and 17.

State law reference--Similar provisions, R.R.S. 1943, 60-6,309 to 60-6,313.

 

Sec. 24-237.  Operator’s license or permit.

 

No person shall operate a moped upon the streets, alleys, or public highways unless such person has:

 

(1)       A valid motor vehicle operator’s license, or

 

(2)       A valid school or learner’s permit.

State law reference--Similar provisions, R.R.S. 1943, 60-6,309 to 60-6,313.

 

Sec. 24-238.  Applicability of chapter.

 

(a)   Any person who rides a moped upon a roadway shall have all of the rights and shall be subject to all of the duties applicable to the driver of a motor vehicle under this chapter except for those provisions of such sections which by their nature can have no application.

 

(b)   Regulations applicable to mopeds shall apply whenever a moped shall be operated upon any highway or upon any path set aside by the state department of roads or council for the use of mopeds.

State law reference--Similar provisions, R.R.S. 1943, 60-6,309 to 60-6,313.

 

Sec. 24-239.  General restrictions on operation.

 

(a)   Any person who operates a moped shall ride only upon a permanent and regular seat attached thereto, and shall not carry any other person nor shall any other person ride on a moped unless such moped is designed by the manufacturer to carry more than one person.

 

(b)   Any person shall ride upon a moped only while sitting astride the seat, facing forward.

 

(c)   No person shall operate a moped while carrying any package, bundle, or other article which prevents him from keeping both hands on the handlebars.

 

(d)   No operator shall carry any person, nor shall any person ride, in a position that will interfere with the operation or control of the moped or the view of the operator.

State law reference--Similar provisions, R.R.S. 1943, 60-6,309 to 60-6,313.

 

Sec. 24-240.  Operation on roadways laned for traffic.

 

(a)   A moped shall be entitled to full use of a traffic lane of any street or highway with an authorized speed limit of forty-five (45) miles per hour or less and no vehicle shall be operated in such a manner as to deprive any moped of the full use of such lane.  This subsection shall not apply to mopeds or motorcycles operated two (2) abreast in a single lane.

 

(b)   No person shall operate a moped between lanes of traffic or between adjacent lines or rows of vehicles.

 

(c)   Mopeds shall not be operated more than two (2) abreast in a single lane.

 

(d)   Any person who operates a moped on a roadway with an authorized speed limit of more than forty-five (45) miles per hour shall ride as near to the right side of the roadway as practicable, and shall not ride more than single file.

State law reference--Similar provisions, R.R.S. 1943, 60-6,309 to 60-6,313.

 

Sec. 24-241.  Clinging to other vehicles.

 

No person who rides upon a moped shall attach himself or the moped to any other vehicle on a roadway.

State law reference--Similar provisions, R.R.S. 1943, 39-6, 201.

 

Sec. 24-242.  Operation in certain places prohibited.

 

Mopeds shall not be operated on the National System of Defense and Interstate Highways or sidewalks.

State law reference--Similar provisions, R.R.S. 1943, 39-6, 202.

 

Sec. 24-243.  Footrests and handlebars.

 

(a)   Any moped which carries a passenger shall be equipped with footrests for such passenger.

 

(b)   No person shall operate any moped with handlebars more than fifteen (15) inches above the mounting point of the handlebars.

State law reference--Similar provisions, R.R.S. 1943, 39-6, 203.

 

Secs. 24-244--24-255.  Reserved.

 

Sec. 24-256.  Obedience to traffic-control devices and regulations.

 

(a)   A pedestrian shall obey the instructions of any traffic-control device specifically applicable to him, unless otherwise directed by a police officer.

 

(b)   Pedestrians shall be subject to traffic and pedestrian-control signals as provided in this chapter.

 

(c)   At all other places pedestrians shall be accorded the privileges and shall be subject to the restrictions set forth in this chapter. 

 

Source:  Code 1962, § 10-4-2

State law reference--Similar provisions, R.R.S. 1943, 60-6,146 to 60-6,154.

 

Sec. 24-257.  Right-of-way in crosswalks.

 

(a)   The operator of any vehicle shall stop when a pedestrian is crossing the roadway within any marked crosswalk or within any unmarked crosswalk at the end of the block, and shall remain stopped until such time as such pedestrian shall have completed the crossing of such roadway, except at intersections where movement of traffic is being regulated by a police officer or traffic-control signal.

 

(b)   Whenever any vehicle has stopped at a marked crosswalk or at any intersection to permit a pedestrian to cross the roadway, it shall be unlawful for the operator of any other vehicle approaching from the rear to overtake and pass such stopped vehicle.

 

(c)   Any person violating the terms or provisions of subsections (a) or (b) above shall be guilty of an offense and, upon conviction thereof, be fined in an amount not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00), recoverable with costs.

 

(d)   Every pedestrian crossing a roadway at a point other than a marked or unmarked crosswalk shall yield the right-of-way to vehi­cles upon the roadway; provided, that this provision shall not re­lieve the driver of the vehicle from the duty to exercise due care for the safety of pedestrians. 

 

Source:  Code 1962, § 10-4-1; Ord. No. 3010, § 1, 9-8-81; Ord. No. 4210, § 1, 10-7-96

State law reference--Similar provisions, R.R.S. 1943, 60-6,146 to 60-6,154.

 

Sec. 24-258.  Crossing at other than crosswalks.

 

(a)   Every pedestrian who crosses a roadway at any point other than within a marked crosswalk, or within an unmarked crosswalk at an intersection, shall yield the right-of-way to all vehicles upon the roadway.

 

(b)   Any pedestrian who crosses a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway.

 

(c)   Between adjacent intersections at which traffic-control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk.

 

(d)   No pedestrian shall cross a roadway intersection diagonally unless authorized by traffic-control devices and, when authorized to cross diagonally, pedestrians shall cross only in accordance with the traffic-control devices pertaining to such crossing movements.

State law reference-Similar provisions, R.R.S. 1943, 60-6,146 to 60-6,154.

 

Sec. 24-259.  Drivers to exercise due care; audible signal.

 

Notwithstanding the other provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give an audible signal when necessary and shall exercise proper precaution upon observing any child, obviously confused person or incapacitated person upon a roadway.

State law reference--Similar provisions, R.R.S. 1943, 60-6,109.

 

Sec. 24-260.  Use of right half of crosswalk.

 

Pedestrians shall move, whenever practicable, upon the right half of crosswalks. 

 

Source:  Code 1962, § 10-4-3

State law reference--Similar provisions, R.R.S. 1943, 60-6,155 to 60-6,158.

 

Sec. 24-261.  Pedestrians on highways and roadways; sidewalks and shoulders.

 

(a)   Where a sidewalk is provided and its use is practicable, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway.

 

(b)   Where a sidewalk is not available, any pedestrian walking along and upon a highway shall walk only on a shoulder, as far as practicable from the edge of the roadway.

 

(c)   Where neither a sidewalk nor a shoulder is available, any pedestrian who walks along and upon a highway shall walk as near as practicable to the edge of the roadway and, if on a two-way roadway, shall walk only on the left side of such roadway.

State law reference-Similar provisions, R.R.S. 1943, 60-6,155 to 60-6,158.

 

Sec. 24-262.  Soliciting rides or business.

 

(a)   No person shall stand in a roadway for the purpose of soliciting a ride, employment, contributions, or business from the occupant of any vehicle.

 

(b)   No person shall stand on or in proximity to a street or highway for the purposes of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway. 

 

Source:  Code 1962, § 10-4-4

State law reference--Similar provisions, R.R.S. 1943, 60-6,155 to 60-6,158.

 

Sec. 24-263.  Driving through safety zone.

 

The driver of a vehicle shall not at any time drive through or within a safety zone. 

 

Source:  Code 1962, § 10-4-5

State law reference--Similar provisions, R.R.S. 1943, 60-6,155 to 60-6,158.

 

Sec. 24-264.  Right-of-way on sidewalk.

 

The driver of a vehicle entering an alley, building, private road, or driveway shall yield the right-of-way to any pedestrian approaching on any sidewalk extending across such alley, building entrance, road, or driveway.

State law reference--Similar provisions, R.R.S. 1943, 39-649.

 

Secs. 24-265--24-275.  Reserved.

 

Sec. 24-276.  Limitations on backing.

 

The driver of a vehicle shall not back such vehicle on any roadway unless such movement can be made with safety and without interfering with other traffic. 

 

Source:  Code 1962, § 10-7-12; Ord. No. 4775, § 1, 1-18-05

State law reference--Similar provisions, R.R.S. 1943, 60-6,165 to 60-6,169.

 

Sec. 24-277.  Driving upon sidewalk.

 

No person shall drive any vehicle upon a sidewalk or sidewalk area except upon a permanent or duly authorized temporary driveway or as otherwise allowed in this code. 

 

Source:  Code 1962, § 10-10-7; Ord. No. 4761, § 4, 11-15-04

State law reference--Similar provisions, R.R.S. 1943, 60-6,178 to 60-6,184.

 

Sec. 24-278.  Obstructions to driver’s view.

 

(a)   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 (3), 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.

 

(b)   No passenger in a vehicle shall ride in such a position as to interfere with the driver’s view ahead or to the sides or to interfere with the driver’s control over the driving mechanism of such vehicle.  Source:  Code 1962, § 10-10-8)

 

(c)   No person shall drive a motor vehicle upon the streets, roadways and alleys of the city with any sign, poster, snow, ice or other nontransparent material upon the front windshield, side wings, side or rear windows of such motor vehicle other than a certificate or other paper required to be so displayed by law. 

 

Source:  Code 1962, § 10-10-8; Ord. No. 3376, § 1, 1-6-86

State law reference--Similar provisions, R.R.S. 1943, 60-6,178 to 60-6,184.

 

Sec. 24-279.  Opening and closing vehicle doors.

 

No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so and it can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload property or passengers.

State law reference-Similar provisions, R.R.S. 1943, 60-6,178 to 60-6,184.

 

Sec. 24-280.  Coasting prohibited.

 

The driver of a motor vehicle when traveling upon a downgrade upon any highway shall not coast with the gears of such vehicle in neutral.

State law reference--Similar provisions, R.R.S. 1943, 60-6,178 to 60-6,184.

 

Sec. 24-281.  Following fire apparatus.

 

The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm closer than five hundred (500) feet or drive into or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm.

 

Source:  Code 1962, § 10-10-4

State law reference--Similar provisions, R.R.S. 1943, 39-681.

 

Sec. 24-282.  Driving over unprotected fire hose.

 

No vehicle shall be driven over an unprotected hose of the fire division when laid down on any highway or private road or driveway, in use or to be used at any fire or alarm of fire, without the consent of the fire division official in command. 

 

Source:  Code 1962, § 10-10-5

State law reference-Similar provisions, R.R.S. 1943, 60-6,178 to 60-6,184.

 

Sec. 24-283.  Rubbish on highways.

 

(a)   No person shall throw or deposit upon any highway:

 

(1)       Any glass bottle, glass, nails, tacks, wire, cans, or any other substance likely to injure any person or animal or damage any vehicle upon such highway;

(2)       Materials that may make the highway unsightly, such as rubbish, sewage, garbage, paper, or any other material of such nature; or

(3)       Any burning material.

 

(b)   Any person who deposits, or permits to be deposited, upon any highway any destructive or injurious material shall immediately remove such or cause it to be removed.

 

(c)   Any person who removes a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance deposited on the highway from such vehicle.

Cross references--Garbage trucks, § 10-23; littering from vehicles, § 14-43.

State law reference--Similar provisions, R.R.S. 1943, 39-311.

 

Sec. 24-284.  Roll off refuse boxes, construction supplies, and landscaping materials; on street right of way.

 

(a)   It shall be unlawful for any person or entity to place or cause to be placed a roll off refuse box on street right of way without a current permit from the city being in effect and in place at all times while the roll off refuse box is on the street right of way.  Application for a permit shall be filed with the Planning and Development Department together with the application and nonrefundable permit fee, as set forth in Section 2-5 of this Code, which shall be paid to the city.  A fee shall be charged for each permit issued or for any extension thereof.  No permit shall be issued unless the applicant provides a certificate of general liability insurance coverage in the minimum amount of $1,000,000 naming the city as an additional insured.

 

The permit shall be issued only if the requested location does not create a safety hazard and is approved by the chief of police or his or her deignee.  The terms of the permit will require a minimum of two (2) Type III barricades meeting the requirements of the Manual on Uniform Traffic Control Devices with one barricade being erected on each end of the roll off refuse box.  The City may require additional warning devices.  In no event shall the roll off refuse box be placed closer than forty (40) feet to any street intersection.  Placement of a roll off refuse box on the street right of way shall be permitted only where parking is allowed.  The permit is valid for ten (10) days only.  One five (5) day extension may be granted upon request.  Additional five (5) day extensions may be granted for placement of roll off refuse boxes in areas located in a C-2 zoning district.

 

(b)  It shall be unlawful for any person or entity to place construction supplies and/or landscaping materials on street right of way.

 

Source:  Code 1962, § 10-10-9; Ord. No. 3058, § (38), 3-1-82; Ord. No. 5435, § 1, 10-3-16; Ord. No. 5563, § 47, 8-20-18;

State law reference--Similar provisions, R.R.S. 1943, 60-6,315 to 60-6,318.

 

Sec. 24-285.  Clinging to vehicles prohibited.

 

Any person who rides upon any bicycle, tricycle, unicycle, coaster, roller skates, sled, skis, skateboard or toy vehicle shall not attach such or himself to any vehicle upon a roadway. 

 

Source:  Code 1962, § 10-10-9; Ord. No. 3058, § (38), 3-1-82; Ord. No. 5435, § 1, 10-3-16

State law reference--Similar provisions, R.R.S. 1943, 60-6,315 to 60-6,318.

 

 

Sec. 24-286.  Roller skates, toy vehicles, etc. on streets.

 

It shall be unlawful for any person upon roller skates, or riding in or by means of any coaster, skateboard, toy vehicle or similar device, to go upon any roadway except while necessarily crossing the street on a crosswalk. 

 

Source:  Code 1962, § 10-10-10

 

Sec. 24-287.  Driving on city property.

 

It is hereby declared to be unlawful to operate any motorized vehicle, whether licensed or unlicensed, upon real estate owned by the city except upon paths or roadways established, intended and provided for such vehicles by the city over such real estate.  This section shall not be applicable to city employees in the performance of their duties. 

 

Source:  Code 1962, § 10-10-11; Ord. No. 4952, § 1, 6-18-07

 

Sec. 24-288.  Riding in certain parts of vehicles.

 

It shall be unlawful for any person to ride, or for the driver to permit the same to be done, on any vehicle upon any portion thereof not designed or intended for the use of passengers.  This provision shall not apply to employees engaged in the necessary discharge of duty or employees within truck bodies in space intended for merchandise. 

 

Source:  Code 1962, § 10-10-2

 

Sec. 24-289.  Boarding or alighting from vehicles.

 

It shall be unlawful for any person to board or alight from any vehicle while such vehicle is in motion. 

 

Source:  Code 1962, § 10-10-1

 

Sec. 24-290.  Transportation of flammable liquids or explosives.

 

(a)   It shall be unlawful for any person to operate any vehicle transporting, carrying or hauling any inflammable or explosive liquid or material, except its own fuel supply, over or upon any of the streets, highways, alleys, avenues or boulevards within the city, except over such street, highways, alleys, avenues or boulevards as are designated by ordinance.

 

(b)   The provisions of subsection (a) shall not prevent the delivery of any such inflammable or explosive liquid or material to the place of business of any person engaged in the manufacturing, processing, selling, or distributing of such inflammable or explosive liquid or material within the city nor shall the provisions of subsection (a) apply to any vehicle departing from the city, such vehicle having been loaded with inflammable or explosive liquid or material within the city.

 

(c)   As used in this section:

 

(1)       Inflammable or explosive liquid or material shall mean gasoline, butane, propane, nitroglycerin, ammonium nitrate or any other liquid or material of live character generally known to be inflammable or explosive.

(2)       Vehicle shall mean every device in, upon, or by which inflammable or explosive liquids and materials are or may be transported, carried or hauled, including but not limited to trucks, tractor trucks, trailers, semi-trailers, tankers and transports.

 

(d)   The public works department shall cause to be erected all necessary signs and signals routing such vehicles carrying inflammable or explosive liquid or material according to the provisions of this section. 

 

Source:  Code 1962, § 10-18-3

 

Sec. 24-291.  Special provisions applicable to community college.

 

(a)   It shall be unlawful for any person to operate any vehicle in any manner as to indicate either a willful or wanton disregard for the safety of persons or property or at any rate of speed greater than is reasonable and prudent under the conditions then existing or at a rate of speed in excess of the posted limits upon the campus and property of the Northeast Nebraska Technical Community College.

 

(b)   It shall be unlawful for any vehicle to be left upon the campus of the Northeast Nebraska Technical Community College unless approved by the Director of the Physical Plant or the Dean of Students Services except for vehicles of dormitory residents, student projects or deadline vehicles.  In the event a vehicle is left over twenty-four (24) hours without approval, the vehicle may be declared abandoned and towed from the premises at the owner’s expense. 

 

Source:  Code 1962, § 10-20-2; Ord. No. 3100, § 1, 10-18-82

 

Sec. 24-292.  Driving or turning on public or private property.

 

(a)   It shall be unlawful for any person to drive a motor vehicle on or across property belonging to another person as a short cut or a part of a route of travel, without stopping the motor vehicle or without having business to conduct with the owner, tenant or licensee of said property.

 

(b)   It shall be unlawful for any person to drive a motor vehicle from a roadway or alley onto property belonging to another and reenter a roadway or alley without stopping the motor vehicle or without conducting legitimate business with the owner or tenant of such property.

 

(c)   Failure to stop a motor vehicle while traveling over or across property as described in this section shall constitute a rebuttable presumption of the violation of this section.

 

(d)   To stop a motor vehicle, for purposes of this section, the operator of a motor vehicle shall be required to (1) bring the motor vehicle to a complete cessation of motion and (2) disembark from the vehicle and conduct legitimate business with the owner or tenant of the property or remain in the vehicle and conduct legitimate business with the owner or tenant.

 

(e)   This section shall not apply to the operator of any law enforcement, public safety or emergency vehicle.

 

(f)   The provisions of this section shall only apply to property for which regulation by the police division has been requested by the owner or tenant thereof.  Any owner or tenant requesting regulation shall make such request in writing to the chief of police and shall be responsible for the cost of publishing the enabling ordinance providing for the initial designation of the property as property to be regulated pursuant to this section.  The owners or tenants of all properties regulated by this section shall erect signs readily visible to motor vehicle operators entering the regulated property which signs shall identify the parking lot as a restricted parking lot, shall state those persons to whom the regulations apply and shall make reference to this section of the Code. 

 

Source:  Ord. No. 3865, § 1, 5-18-92; Ord. No. 3894, § 1, 8-1-1-92; Ord. No. 3923, § 1, 1-4-93; Ord. No. 4800, § 1, 5-16-05

 

Sec. 24-293.  Enforcement; designated property.

 

The provisions of section 24-292 of the City Code shall be enforced at the following locations:

 

Names	Addresses
Bank of the West	602 West Norfolk Avenue
Copycraft Printing	209 - 211-1/2 West Norfolk Avenue
C O S R E C LLC	202, 204 & 206 West Madison
Country Club Plaza	600, 700 & 714 West Benjamin Avenue
Hy-Vee East	120 East Norfolk Avenue
Improved Living, Inc.	111 South Pine Street
KAH, Inc	506 West Madison Avenue
Maple Apartments	701 West Maple Avenue
Miller, Donald & Theresa	124 & 126 South 5th Street
Nebraskaland Petroleum Company, Inc	400 East Norfolk Avenue
Norfolk Daily News	525 West Norfolk Avenue and 110 South 5th Street
Old Mill Center	105 East Norfolk Avenue
Prenger's	116 East Norfolk Avenue
Red 10 LLC	507 North 1st Street
Smiles Dental, P.C.	510 West Madison Avenue
St. John's Lutheran Church	1300 West Benjamin Avenue
US Bank	Parking lot immediately south of the east/west alley on the west side of the 100 block of South 4th Street
Wattier's Auto Body, Inc.	802 Riverside Blvd.
Wells Fargo Bank	227 West Norfolk Avenue

 

Source:  Ord. No. 3865, § 2, 5-18-92; Ord. No. 3894, § 2, 8-17-92; Ord. No. 3897, § 1, 9-2-92; Ord. No. 3912, § 1, 11-2-92; Ord. No. 3950, § 1, 5-3-93; Ord. No. 3995, § 1, 10-4-93; Ord. No. 4002, § 1, 1-17-94; Ord. No. 4036, § 1, 7-5-94; Ord. No. 4634, § 1, 3-17-03; Ord. No. 5047, § 1, 11-17-08; Ord. No. 5142, § 1, 11-1-10; Ord. No. 5437, § 1, 11-7-16; Ord. No. 5462, § 1, 3-20-17; Ord. No. 5476, § 1, 6-5-17; Ord. No. 5577, § 1, 11-5-18;

 

Sec. 24-294.  Prohibition on utilization of a dynamic braking device or engine brakes.

 

(a)   It shall be unlawful, except to avert imminent danger, for any person to use a dynamic braking device or engine brakes, or to otherwise discharge into the ambient air the blowdown at any stream or the exhaust of any internal combustion engine, unless such discharge be through an appropriate muffler.

 

(b)   For the purpose of this section, use of a dynamic braking device or engine brakes shall be defined as a device which when activated retards one or more pistons on the engine of a truck or other motor vehicle in order to assist the truck or motor vehicle in braking and in the process of doing so creates a loud and offensive noise from the truck or motor vehicle.

 

Source:  Ord. No. 4353, § 1, 7-20-98; Ord. No. 4458, § 1, 4-3-00

 

Sec. 24-351.  Definitions.

 

For purposes of this article, the following definitions shall apply:

 

All-terrain vehicle means any motorized off-highway vehicle which is (a) fifty inches (50") or less in width, (b) has a dry weight of twelve hundred pounds (1,200 lbs.) or less, (c) travels on three (3) or more nonhighway tires, (d) is designed for operator use only with no passengers or is specifically designed by the original manufacturer for the operator and one (1) passenger.

 

Utility-type vehicle means any motorized off-highway vehicle which is (a) seventy-four inches (74") in width or less, (b) is not more than one hundred eighty inches (180"), including the bumper, in length, (c) has a dry weight of two thousand pounds (2,000 lbs.) or less, and (d) travels on four (4) or more nonhighway tires.  Utility-type vehicle does not include all-terran vehicles, golf car vehicles, or low-speed vehicles.

 

State highway means a road or street, including the entire area within the right-of-way, which has been designated a part of the state highway system.

 

Ord. No. 5663, § 2, 5-18-2020;

State law reference--Similar provisions, R.R.S. 2010, 60-6.355.

 

Sec. 24-352.  Operation of all-terrain vehicles prohibited.

 

It shall be unlawful for any person to operate an all-terrain vehicle upon any street, highway, or state highway within the corporate limits of the city or upon any publicly-owned parking lot or other publicly-owned property within the corporate limits of the city.

 

Ord. No. 5663, § 2, 5-18-2020;

 

Sec. 24-353.  Operation of utility-type vehicles on streets and highways.

 

A utility-type vehicle may be operated on streets and highways (excluding state highways) within the corporate limits of the city, in accordance with the following operating requirements:

 

(1)       Operation occurs only between the hours of sunrise and sunset.

 

(2)        The headlight and taillight of the vehicle shall be on.

 

(3)        The vehicle shall be equipped with brake and turn signal lights in good working order.

 

(4)        The vehicle shall be equipped with a bicycle safety flag which extends not less than five feet (5') above the ground attached to the rear of the vehicle, said bicycle safety flag shall be triangular in shape with an area of not less than thirty square inches and shall be day-glow in color.

 

(5)        The total number of persons on the utility-type vehicle, including the operator and all passengers, shall not exceed the seating capacity as designed by the manufacturer of the utility-type vehicle.

 

(6)        The utility-type vehicle shall have a registration plate with validation decal issued by the police division as set forth in Section 24-356 of this Code.

 

(7)        Any person operating a utility-type vehicle as authorized in this section:

 

             a.  Shall not operate such vehicle at a speed in excess of thirty miles per hour (30 mph) and shall observe posted speed limits if lower than thirty miles per hour;

 

             b.  Shall have a valid Class O operator's license or a farm permit as provided for in Sectin 60-4,126 of the Nebraska Revised Statutes;

 

             c.  Shall be eighteen (18) years of age or older;

 

             d.  Shall obey all applicable state and local traffic laws, ordinance, and regulations;

 

             e.  Shall properly utilize seatbelts and all provided safety equipment in the utility-type vehicle;

 

             f.  Shall have liability insurance coverage for the utility-type vehicle while operating the utility-type vehicle on a street or highway; and

 

             g.  Shall provide proof of insurance coverage to any peace officer requesting such proof within five (5) days of such request.

 

Ord. No. 5663, § 2, 5-18-2020;

 

 

Sec. 24-354.  Utility-type vehicle; equipment required.

 

Every utility-type vehicle shall be equipped with:

 

(1)       A brake system maintained in good operating condition;

 

(2)       An adequate muffler system in good working condition; and

 

(3)       A United States Forest Service-qualified spark arrester.

      

Ord. No. 5663, § 2, 5-18-2020;

 

State law reference - Similar provisions, R.R.S. 2010, 60-6,358

 

 

Sec. 24-355.  Modification of utility-type vehicle; prohibited.

 

No person shall:

 

(a)       Equip the exhaust system of a utility-type vehicle with a cutout, bypass or similar device;

 

(b)       Operate a utility-type vehicle with an exhaust system so modified; and

 

(c)       Operate a utility-type vehicle with the spark arrester removed or modified, except for use in a closed-course competition event.

      

Ord. No. 5663, § 2, 5-18-2020;

 

State law reference - Similar provisions, R.R.S. 2010, 60-6,359

 

 

Sec. 24-356.  Registration.

 

a.        It shall be an offense for any person to operate any utility-type vehicle within the city unless:

 

            (1)  The utility-type vehicle has passed an inspection by the police division;

 

            (2)  The owner has demonstrated proof of insurance to the police division; and

 

            (3)  The owner has obtained from the police division a registraton plate with validation decal for the current year affixed to the plate.  The registration plate with validation decal for the current year must be affixed to the rear of the utility-type vehicle in a conspicuous place.  Any person obtaining a registration plate and/or current year validation decal to operate a utility-type vehicle within the city shall pay a fee to the city as set forth in Section 2-5 of this Code.  No registration plate or validation decal fee shall be assessed for registration of any city-owned utility-type vehicle. 

 

b.         All registrations issued under the provisions of this article shall be effective from January 1 to December 31, and all registrations shall expire December 31 of the year in which they were issued unless the registraton is issued after December 1 in which case the registration will expire on the second December 31 folloowing the date of issue.

 

c.         The city reserves the right to suspend or revoke the registration of a utility-type vehicle within the city for violation of any provision of this article.

 

Ord. No. 5663, § 2, 5-18-2020;

 

 

Sec. 24-357.  Operation of utility-type vehicle on state highway prohibited; limited crossing permitted.

 

A utility-type vehicle shall not be operated on any state highway, and the crossing of any state highway shall only be permitted if:

 

(1)        The crossing is made at an angle of approximately ninety degrees (90°) to the direction of the state highway and at a place where no obstruction prevents a quick and safe crossing;

 

(2)        The vehicle is brought to a complete stop before crossing the shoulder or the roadway of the state highway;

 

(3)        The operator yields the right of way to all oncoming traffic that constitutes an immediate potential hazard;

 

(4)        The crossing is made only at an intersection of such state highway with another street or highway; and

 

(5)        Both the headlight and taillight of the vehicle are on when crossing is made.

 

Ord. No. 5663, § 2, 5-18-2020;

 

 

Sec. 24-358.  Utility-type vehicle; accident; report required.

 

If an accident results in the death of any person, the injury of any person which requires treatment of the person by a physician, or property damage in the amount of one thousand dollars ($1,000.00) or more, the operator of each utility-type vehicle involved in the accident shall give notice of the accident in the same manner as provided by Neb. Rev. Stat. §60-699.

 

Ord. No. 5663, § 2, 5-18-2020;

State law reference--Similar provisions, R.R.S. 2010, 60-6.361.

 

Sec. 24-359.  Operation of all-terrain vehicles and utility-type vehicles in parades.

 

All-terrain vehicles and utility-type vehicles may be operated on streets and highways without complying with this article while in parades which have been authorized by the State of Nebraska, any department, board, commission or political subdivision of the State of Nebraska.

 

Ord. No. 5663, § 2, 5-18-2020;

 

Sec. 24-360.  Penalty for violation of article.

 

Any person convicted of violating any provision of this article shall be punished by a fine of $250.00 for a first offense.  A subsequent violation of any provision of this article shall be punished by a fine of $250.00 to $500.00.  In addition to any penalties for violation hereof, the police division may impound any all-terrain or utility-type vehicle when operated in violation of Nebraska law or this Code.

 

Ord. No. 5663, § 2, 5-18-2020;

 

Sec. 24-371.  Definitions.

 

For the purposes of this article, the following definitions shall apply:
 
            Golf car vehicle means a vehicle that has at least four (4) wheels, has a maximum level ground speed of less than twenty (20) miles per hour, has a maximum payload capacity of one thousand two hundred pounds (1,200 lbs.), has a maximum gross vehicle weight of two thousand five hundred pounds (2,500 lbs.), has a maximum passenger capacity of not more than four (4) persons, is designed and manufactured for operation on a golf course for sporting and recreational purposes, and is not being operated within the boundaries of a golf course.

 

State highway means a road or street, including the entire area within the right-of-way, which has been designated a part of the state highway system.

 

Ord. No. 5821, § 1, 03-20-23;

State law reference--Similar provisions, R.R.S. 2010, 60-622.01.

 

Sec. 24-372.  Operation of golf car vehicles on streets and highways.

 

A golf car vehicle may be operated on streets and highways (excluding state highways) within the corporate limits of the city, in accordance with the following operating requirements:

 

(1)         Operation occurs only on streets with a speed limit of twenty-five miles per hour or less and on the following residential one-way streets:

 

Street	From	To
3rd Street	Madison Ave.	Omaha Ave.
4th Street	Omaha Ave.	Madison Ave.
5th Street	Madison Ave.	Omaha Ave.
6th Street	Omaha Ave.	Madison Ave.

 

(2)         Operation occurs only between the hours of sunrise and sunset.

 

(3)         The headlight and taillight of the golf car vehicle shall be on.

 

(4)         The total number of persons on the golf car vehicle, including the operator and all passengers, shall not exceed the seating capacity as designed by the manufacturer of the golf car vehicle.

 

(5)         The golf car vehicle shall have a registration plate with validation decal issued by the police division as set forth in Section 24-375 of this Code.

 

(6)         Any person operating a golf car vehicle as authorized in this section:

 

a.        Shall not operate such vehicle at a speed in excess of twenty miles per hour (20 mph) and shall observe posted speed limits if lower than twenty miles per hour;

 

b.        Shall have a valid Class O operator’s license as provided for in Section 60-6,381 of the Nebraska Revised Statutes;

 

c.        Shall be eighteen (18) years of age or older;

 

d.        Shall obey all applicable state and local traffic laws, ordinances, and regulations;

 

e.        Shall properly utilize seatbelts and all provided safety equipment in the golf car vehicle;

 

f.         Shall have liability insurance coverage for the golf car vehicle while operating the golf car vehicle on a street or highway in the following amounts, exclusive of interest and costs:
 
1)      Twenty-five thousand dollars ($25,000) for bodily injury to or death of one person in any one accident, subject to such limit for one person;
 
2)      Fifty thousand dollars ($50,000) for bodily injury to or death of two or more persons in any one accident; and
 
3)      Twenty-five thousand dollars ($25,000) for injury to or destruction of property of others in any one accident;

 

g.      Shall provide proof of insurance coverage to any peace officer requesting such proof within five (5) days of such request.

 

             Ord. No. 5821, § 1, 3-20-2023; Ord. No. 5835, § 1, 6-5-23;

 

 

Sec. 24-373.  Golf car vehicle; equipment required.

 

Every golf car vehicle shall be equipped with:

 

(1)   Headlights, taillights, brake lights and turn signal lights in good working order;

 

(2)   Seat belts in good working order which conform to federal motor vehicle safety standards for passenger restraint systems applicable for golf car vehicles;

 

(3)   A bicycle safety flag which extends not less than five feet (5’) above the ground attached to the rear of the vehicle, said bicycle safety flag shall be triangular in shape with an area of not less than thirty square inches and shall be day-glow in color;

 

(4)   A brake system maintained in good operating condition; and

 

(5)   An adequate muffler system in good working condition.

 

 

Ord. No. 5821, § 1, 3-20-2023; Ord. No. 5835, § 2, 6-5-23;

 

Sec. 24-374.  Modification of golf car vehicle; prohibited.

 

No person shall:

 

a.       Equip the exhaust system of a golf car vehicle with a cutout, bypass or similar device; and

 

b.       Operate a golf car vehicle with an exhaust system so modified.

 

Ord. No. 5821, § 1, 3-20-2023;

 

Sec. 24-375.  Registration.

 

(a)        It shall be an offense for any person to operate any golf car vehicle within the city unless:

 

            (1)  The golf car vehicle has passed an inspection by the police division;

 

            (2)  The owner has demonstrated proof of insurance to the police division; and

 

            (3)  The owner has obtained from the police division a registration plate with validation decal for the current year affixed to the plate.  The registration plate with validation decal for the current year must be affixed to the rear of the golf car vehicle in a conspicuous place.  Any person obtaining a registration plate and/or current year validation decal to operate a golf car vehicle within the city shall pay a fee to the city as set forth in Section 2-5 of this Code.  No registration plate or validation decal fee shall be assessed for registration of any city-owned golf car vehicle.

 

(b)        All registrations issued under the provisions of this article shall be effective from January 1 to December 31, and all registrations shall expire December 31 of the year in which they were issued unless the registration is issued after December 1 in which case the registration will expire on the second December 31 following the date of issue.

 

(c)        Golf car vehicle registrations from other communities are not recognized as valid in the City of Norfolk.

 

(d)        The city reserves the right to suspend or revoke the registration of a golf car vehicle within the city for violation of any provision of this article.

 

Ord. No. 5821, § 1, 3-20-2023;

 

 

Sec. 24-376.  Operation of golf car vehicle on state highway prohibited; limited crossing permitted.

 

A golf car vehicle shall not be operated on any state highway, and the crossing of any state highway shall only be permitted if:

 

(1)         The crossing is made at an angle of approximately ninety degrees (90°) to the direction of the state highway and at a place where no obstruction prevents a quick and safe crossing;

 

(2)         The crossing is made at an intersection controlled by a lighted traffic control signal;

 

(3)         The golf car vehicle is brought to a complete stop before crossing the shoulder or the roadway of the state highway;

 

(4)         The operator yields the right of way to all oncoming traffic that constitutes an immediate potential hazard;

 

(5)         The crossing is made only at an intersection of such state highway with another street or highway; and

 

(6)         Both the headlight and taillight of the vehicle are on when crossing is made.

 

Ord. No. 5821, § 1, 3-20-2023;

 

 

Sec. 24-377.  Golf car vehicle; accident; report required.

 

If an accident results in the death of any person, the injury of any person which requires treatment of the person by a physician, or property damage in the amount of one thousand five hundred dollars ($1,500.00) or more, the operator of each golf car vehicle involved in the accident shall give notice of the accident in the same manner as provided by Neb. Rev. Stat. §60-699.

 

Ord. No. 5821, § 1, 3-20-2023; Ord. No. 5835, § 3, 6-5-23;

 

Sec. 24-378.  Operation of golf car vehicles in parades.

 

Golf car vehicles may be operated on streets and highways without complying with this article while in parades which have been authorized by the State of Nebraska, any department, board, commission or political subdivision of the State of Nebraska.

 

Ord. No. 5821, § 1, 3-20-2023;

 

Sec. 24-379.  Penalty for violation of article.

 

Any person convicted of violating any provision of this article shall be punished by a fine of $250.00 for a first offense.  A subsequent violation of any provision of this article shall be punished by a fine of $250.00 to $500.00.  In addition to any penalties for violation hereof, the police division may impound any golf car vehicle when operated in violation of Nebraska law or this Code.

 

Ord. No. 5821, § 1, 3-20-2023;