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