Chapter 8
POLICE
Art. 1 General Provisions (§8-101 — 8-104)
Art. 2 Retirement System (§8-201 — 8-220)
Art. 3 General Traffic Regulations (§8-301 — 8-317)
Art. 4 Administration and Enforcement (§8-401 — 8-404)
Art. 5 Abandoned Vehicles (§8-501 — 8-511)
Art. 6 Operation of Vehicles (§8-601 — 8-620)
Art. 7 Traffic Control Devices (§8-701 — 8-706)
Art. 8 Speed Limitations (§8-801 — 8-807)
Art. 9 Stopping, Standing and Parking (§8-901 — 8-944)
Art. 10 Storage of Unlicensed Motor Vehicles on Private Premises (§8-1001 — 8-1004)
Art. 11 Towing and Impoundment of Vehicles (§8-1101 — 8-1115)
Art. 12 (Repealed and Transferred) (§8-1201 — 8-1207)
Art. 13 Animals Generally (§8-1301 — 8-1314)
Art. 14 Pets (§8-1401 — 8-1440)
Art. 15 General Offenses (§8-1501 — 8-1516)
Art. 16 Offenses Against Property (§8-1601 — 8-1608)
Div. II Graffiti (§8-1625 — 8-1634)
Art. 17 Offenses Against the Public Peace (§8-1701 — 8-1708)
Art. 18 Offenses Against the Person (§8-1801 — 8-1802)
Art. 19 Offenses Against Public Health and Safety (§8-1901 — 8-1905)
ARTICLE 1. GENERAL PROVISIONS
8-101 POLICE DEPARTMENT; DUTIES.
The Police Department shall consist of the Chief of Police and such further number of regular police officers as may be duly ordered by resolution of the Council. The Chief of Police shall, subject to the direction of the City Manager, have control and management of all matters relating to the Police Department, its officers and members, and shall have the custody and control of all property and books belonging to the department. He/she shall devote his/her whole time to the municipal affairs, interests of the City, and to the preservation of peace, order, safety, and cleanliness thereof. The Department shall execute and enforce all laws of the State and City. It shall be the duty of the Department to protect the rights of persons and property. There shall be a proper police force at all fires. The Department shall take notice of all nuisances, impediments, obstructions, and defects in the streets, avenues, alleys, business places, and residences of the City. The Department shall execute, or cause to be executed, the processes issued and shall cause all persons arrested to be brought before the proper court for trial as speedily as possible. The Chief of Police and all regular police officers shall become thoroughly conversant with the laws of the City, and shall see that the same are enforced and shall make sworn complaints against any person or persons for violation of the same.
State Law Reference—Neb. Rev. Stat. 16-323
8-102 POLICE DEPARTMENT; RESERVE OFFICER BOND.
No appointment of a law enforcement reserve officer shall be valid until a bond in the amount of two thousand dollars ($2,000.00), payable to the City, has been filed with the City Clerk by the individual appointed, or a blanket surety bond arranged and paid for by the City and bonding all such officers of the City has been filed. Such bonds shall be subject to the provisions of Chapter 11, Article 1, Nebraska Revised Statutes.
State Law Reference—Neb. Rev. Stat. 81-1444
8-103 SALE AND DISPOSAL OF ABANDONED, RECOVERED, CONFISCATED, IMPOUNDED OR UNCLAIMED PROPERTY.
The Chief of Police is hereby empowered to offer for sale and sell at public auction to the highest bidder for cash all personal property, except motor vehicles dealt with in sections 8-507 to 8-509, which may come within the custody of the Police Department by reason of its being abandoned, recovered, confiscated, impounded or unclaimed. Notice of such sale shall be printed once in a legal newspaper published in the City at least ten (10) days prior to the sale; provided, that no such property shall be offered or sold unless it shall have remained unclaimed by the lawful owner for a period of sixty (60) days after it shall have come within the custody of the Chief of Police or the Police Department, or, in the case of property taken from or deposited by persons arrested, detained or accused of crime, shall have remained unclaimed for a period of sixty (60) days after the discharge, liberation or departure of the person from whom such property was taken or by whom such property was deposited.
It shall be the responsibility of the Chief of Police to notify the lawful owner, if known, of any such property at least five (5) days prior to the sale, by certified or registered mail, that it will be sold or otherwise disposed of upon a given date.
All money received from the sale of the unclaimed property shall be paid to the Chief of Police, whose duty it shall be to account for such money collected by him/her to the Director of Finance and Administration, who shall place the same in the police fund.
(Code 1958, 23A.11; Ord. No. 3129, 1, 12-11-79; Code 1980, 31-1)
8-104 DISPOSAL OF FIREARMS, ALCOHOLIC BEVERAGES, CONTRABAND, ETC.
The City Manager is hereby authorized to cause to be destroyed, or to dispose of in such other lawful manner as he/she deems proper, all firearms, alcoholic beverages, contraband or such other property, the possession of which may be unlawful, prohibited or regulated by federal, state or local statutes or ordinances, which may come within the custody of the Police Department by reason of its being abandoned, recovered, confiscated, impounded or unclaimed.
All such property shall be held for a period of not less than ninety (90) days prior to the disposition, and it shall be the responsibility of the Chief of Police to make such effort as he/she deems reasonable to notify the lawful owner of any such property, prior to its disposal, that it will be destroyed or otherwise disposed of upon a given date.
(Code 1958, 23A.12; Code 1980, 31-2)
ARTICLE 2. RETIREMENT SYSTEM
8-201 RETIREMENT SYSTEM; APPLICABILITY OF ARTICLE.
Sections 8-201 through 8-220 of this Article shall apply to all police officers employed by the City of Kearney.
(Ord. No. 3624, 1, 9-13-83; Code 1980, 31-16)
State Law Reference—Neb. Rev. Stat. 16-1001
8-202 RETIREMENT SYSTEM; TERMS, DEFINED.
For purposes of sections 8-201 to 8-220, unless the context otherwise requires:
Actuarial equivalent: The equality in value of the aggregate amount of benefit expected to be received under different forms of benefit or at different times determined as of a given date as adopted by the City or the retirement committee for use by the retirement system. Actuarial equivalencies shall be specified in the funding medium established for the retirement system, except that if benefits under the retirement system are obtained through the purchase of an annuity contract, the actuarial equivalent of any such form of benefit shall be the amount of pension benefit which can be purchased or otherwise provided by the police officer’s retirement value. All actuarial and mortality assumptions adopted by the City or Retirement Committee shall be on a sex-neutral basis.
Annuity contract: The contract or contracts issued by one (1) or more life insurance companies and purchased by the retirement system in order to provide any of the benefits described in section 8-201 to 8-220. Annuity conversion rates contained in any such contract shall be specified on a sex-neutral basis.
Beneficiary: The person or persons designated by a police officer, pursuant to a written instrument filed with the Retirement Committee before the police officer’s death, to receive death benefits which may be payable under the retirement system.
Funding agent: Any bank, trust company, life insurance company, thrift institution, credit union, or investment management firm selected by the City or Retirement Committee to hold or invest the funds of the retirement system.
Regular interest: The rate of interest earned each calendar year commencing January 1, 1984, equal to the rate of net earnings realized for the calendar year from investments of the Retirement Fund. Net earnings shall mean the amount by which income or gain realized from investments of the retirement fund exceeds the amount of any realized losses from such investments during the calendar year.
Regular pay: The average salary of a police officer for the five years preceding the date such police officer elects to retire, the five years preceding his/her death, or the five years preceding the date of disability, whichever is earliest, except that for any police officer who retires, dies, or becomes disabled after July 15, 1992, regular pay shall mean the average salary of the police officer for the period of five consecutive years preceding such retirement, death, or disability which produces the highest average.
Retirement committee: The Retirement Committee created pursuant to section 8-214.
Retirement system: A retirement system established pursuant to sections 8-201 to 8-220.
Retirement value: The accumulated value of the police officer’s employee account and employer account. The retirement value shall consist of the sum of the contributions made or transferred to such accounts by the police officer and by the City on the police officer’s behalf and the regular interest credited to the accounts as of the date of computation, reduced by any realized losses which were not taken into account in determining regular interest in any year, and further adjusted each year to reflect the pro rata share for the accounts of the appreciation or depreciation of the fair market value of the assets of the retirement system as determined by the Retirement Committee. The retirement value shall be reduced by the amount of all distributions made to or on the behalf of the police officer from the retirement system. Such valuation shall be computed annually as of December 31. If separate investment accounts are established pursuant to subsection (3) of section 8-204, a police officer’s retirement value with respect to such accounts shall be equal to the value of his/her separate investment accounts as determined under such subsection.
Salary: All amounts paid to a participating police officer by the employing city for personal services as reported on the participant’s federal income tax withholding statement, including the police officer’s contributions picked up by the City as provided in subsection (2) of section 8-205 and any salary reduction contributions which are excludable from income for Federal income tax purposes pursuant to section 125 or 457 of the Internal Revenue Code of 1986, as amended.
Straight life annuity: An ordinary annuity payable for the life of the primary annuitant only and terminating at his/her death without refund or death benefit of any kind.
(Ord. No. 3624, 2, 9-13-83; Code 1980, 31-17)
State Law Reference—Neb. Rev. Stat. 16-1002
8-203 RETIREMENT SYSTEM; CREDIT FOR SERVICE.
A police officer shall be credited with all years of his/her service after the year 1965, for the purpose of determining vested retirement benefits under sections 8-201 through 8-220 of this Article.
(Ord. No. 3624, 3, 9-13-83; Code 1980, 31-18)
State Law Reference—Neb. Rev. Stat. 16-1003
A. Commencing on January 1, 1984, the City shall keep and maintain a Police Officers Retirement System Fund for the purpose of investing payroll deductions and City contributions to the retirement system. The fund shall be maintained separate and apart from all City money and funds. The fund shall be administered under the direction of the City and the Retirement Committee exclusively for the purposes of the retirement system and for the benefit of participating police officers and their beneficiaries. The fund shall be established as a trust under the laws of this state for all purposes of section 401(a) of the Internal Revenue Code of 1986, as amended. All of the contributions made by a police officer prior to January 1, 1984, will be transferred to the police officer’s employee account without interest. Regular interest shall begin to accrue on the contributions transferred into the fund from January 1, 1984. Such funds shall be invested in the manner prescribed in section 8-216.
B. The City shall establish a medium for funding of the retirement system, which may be a pension trust fund, custodial account, group annuity contract, or combination thereof, for the purpose of investing money for the retirement system in the manner prescribed by section 8-216 and to provide the retirement, death, and disability benefits for police officers pursuant to sections 8-201 to 8-220. The trustee or custodian of any trust fund may be a designated funding agent which is qualified to act as a fiduciary or custodian in this state, the Director of Finance and Administration, a city officer authorized to administer funds of the City, or a combination thereof.
C. Upon direction of the City, there may be established separate investment accounts for each participating police officer for the purpose of allowing each police officer to direct the investment of all or a portion of his/her employee account or employer account subject to the requirements of section 8-216 and any other rules or limitations that may be established by the City or the Retirement Committee. If separate investment accounts are established, each account shall be separately invested and reinvested, separately credited with all earnings and gains with respect to the investment of the assets of the investment account, and separately debited with the losses of the account. Each investment account shall be adjusted each year to reflect the appreciation or depreciation of the fair market value of the assets held in such account as determined by the retirement committee. The expenses incurred by the retirement system when a police officer directs the investment of all or a portion of his/her individual investment account shall be charged against the police officer’s investment account and shall reduce the police officer’s retirement value.
(Ord. No. 3624, 4, 9-13-83; Code 1980, 31-19)
State Law Reference—Neb. Rev. Stat. 16-1004
A. Each police officer participating in the retirement system shall contribute to the retirement system a sum equal to six percent of his/her salary. Such payment shall be made by regular payroll deductions from his/her periodic salary and shall be credited to his/her employee account on a monthly basis. Each such account shall also be credited with regular interest.
B. The City shall pick up the police officers’ contributions required by subsection (1) of this section for all compensation paid on or after January 1, 1984, and the contributions so picked up shall be treated as employer contributions in determining federal tax treatment under the Internal Revenue Code of 1986, as amended, except that the City shall continue to withhold federal income taxes based upon these contributions until the Internal Revenue Service or the federal courts rule that, pursuant to section 414(h) of the Internal Revenue Code of 1986, as amended, these contributions shall not be included as gross income of the employee until such time as they are distributed from the retirement system. The City shall pay these employee contributions from the same source of funds which is used in paying earnings to the employee. The City shall pick up these contributions by a salary deduction either through a reduction in the cash salary of the employee or a combination of a reduction in salary and offset against a future salary increase. A police officer shall not be given an option to choose to receive the amount of the required contribution in lieu of having such contribution paid directly to the retirement system.
C. Each police officer participating in the retirement system shall be entitled to make voluntary cash contributions to the retirement system in an amount not to exceed the contribution limitations established by the Internal Revenue Code of 1986, as amended. Voluntary contributions shall be credited to the police officer’s employee account and shall thereafter be credited with regular interest. A police officer’s voluntary contribution shall become a part of the Police Officers Retirement System Fund and shall be held, administered, invested, and distributed in the same manner as any other employee contribution to the retirement system.
(Ord. No. 3624, 5, 9-13-83; Code 1980, 31-20)
State Law Reference—Neb. Rev. Stat. 16-1005
8-206 CONTRIBUTIONS BY CITY; AMOUNT; HOW CREDITED; INTEREST; WHEN.
Beginning January 1, 1984, the City shall contribute to the retirement system a sum equal to six percent of each such participating police officer’s periodic salary. Such payment shall be contributed as provided in subsection (1) of section 8-205 for employee contributions and shall be credited to his/her employer account on a monthly basis. Each such account shall also be credited with regular interest. The City shall also contribute to the employer account of any police officer employed by the City on January 1, 1984, and amount equal to the employee contributions of such police officer that were made to the City prior to January 1, 1984, without interest, with such contribution to be made at the time the police officer retires or terminates employment with the City. The City may contribute such amount before the police officer’s retirement or termination of employment or credit interest on such contribution.
(Ord. No. 3624, 6, 9-13-83; Code 1980, 31-21)
State Law Reference—Neb. Rev. Stat. 16-1006
8-207 RETIRING OFFICER; ANNUITY OPTIONS; HOW DETERMINED; LUMP-SUM PAYMENT OPTION.
A. At any time before the retirement date, the retiring police officer may elect to receive at his/her retirement date a pension benefit either in the form of a straight life annuity or any optional form of annuity benefit established by the Retirement Committee and provided under a purchased annuity contract. The optional annuity benefit shall be specified in the funding medium for the retirement system and shall include a straight life annuity with a guarantee of at least sixty monthly payments or an annuity payable for the life of the retiring police officer and, after the death of the retiree, monthly payments, as elected by the retiring police officer, of either one hundred percent (100%), seventy-five percent (75%), or fifty percent (50%) of the amount of annuity payable to the retiring police officer during his/her life, to the beneficiary selected by the retiring police officer at the time of the original application for an annuity. For any police officer whose retirement date is on or after January 1, 1997, the optional benefit forms for the retirement system shall include a single lump-sum payment of the police officer’s retirement value. For police officers whose retirement date is prior to January 1, 1997, a single lump-sum payment shall be available only if the City has adopted such distribution option in the funding medium established for the retirement system. The retiring police officer may further elect to defer the date of the first annuity payment or lump-sum payment to the first (1st) day of any specified month prior to age seventy (70). If the retiring police officer elects to receive his/her pension benefit in the form of an annuity, the amount of annuity benefit shall be the amount paid by the annuity contract purchased or otherwise provided by his/her retirement value as of the date of the first (1st) payment. Any such annuity contract purchased by the retirement system may be distributed to the police officer and, upon such distribution, all obligations of the retirement system to pay retirement, death, or disability benefits to the police officer and his/her beneficiaries shall terminate, without exception.
B. For all officers employed on January 1, 1984, and continuously employed by the City from such date through the date of their retirement, the amount of the pension benefit, when determined on the straight life annuity basis, shall not be less than the following amounts:
1. If retirement occurs following age sixty (60) and with twenty-five (25) years of service with the City, or twenty-one (21) years of service if hired prior to November 18, 1965, fifty percent (50%) of regular pay; or
2. If retirement occurs following age fifty-five (55) but before age sixty (60) and with twenty-five (25) years of service with the City, forty percent (40%) of regular pay.
A police officer entitled to a minimum pension benefit under this subsection may elect to receive such pension benefit in any form permitted by subsection (1) of this section, including a single lump-sum payment, if the officer retires on or after January 1, 1997, or if the City has adopted a lump-sum distribution option for officers retiring before January 1, 1997, in the funding medium for the retirement system. If the minimum pension benefit is paid in a form other than a straight-life annuity, such benefit shall be the actuarial equivalent of the straight-life annuity that would otherwise be paid to the officer pursuant to this subsection.
If the police officer chooses the single lump-sum payment option, the officer can request that the actuarial equivalent be equal to the average of the cost of three (3) annuity contracts purchased on the open market. Of the three (3) annuity contracts used for comparison, one (1) shall be chosen by the police officer, one (1) shall be chosen by the Retirement Committee, and one shall be chosen by the City.
C. If the retirement value of an officer entitled to a minimum pension benefit under subsection (2) of this section is not sufficient at the time of the first (1st) payment to purchase or provide the required pension benefit, the City shall transfer such funds as may be necessary to the employer account of the police officer so that the retirement value of such officer is sufficient to purchase or provide for the required pension benefit.
D. Any retiring police officer whose pension benefit is less than twenty-five dollars ($25.00) per month on the straight life annuity option shall be paid a lump-sum settlement equal to the retirement value and shall not be entitled to elect to receive annuity benefits.
(Ord. No. 3624, 7, 9-13-83; Code 1980, 31-22)
State Law Reference—Neb. Rev. Stat. 16-1007
8-208 RETIREMENT OPTIONS; RETIREMENT DATE.
A. A police officer may:
1. Elect to retire and receive the applicable pension benefit provided in section 8-207 based on his/her full retirement value upon the attainment of age sixty (60);
2. Elect to take early retirement and receive the applicable pension benefit provided in section 8-207 if he/she has attained the age of fifty-five (55) and has completed twenty-five (25) years of service with the City; or
3. Retire as a result of disability while in the line of duty, as determined under section 8-211, at any age, and receive the applicable pension benefit provided in section 8-211.
B. A police officer who is eligible to retire pursuant to subsection (1) of this section but does not, shall continue to contribute to his/her employee account, and the City shall continue to contribute to his/her employee account and to his/her employer account.
C. The first of the month immediately following the last day of work shall be the retirement date.
(Ord. No. 3624, 8, 9-13-83; Code 1980, 31-23)
State Law Reference—Neb. Rev. Stat. 16-1008
8-209 POLICE OFFICER; DEATH OTHER THAN IN THE LINE OF DUTY; PENSION BENEFIT PAYABLE.
A. When prior to retirement any police officer participating in the retirement system dies other than in the line of duty and except as provided in subsection (2) of this section, the entire retirement value shall be payable to the beneficiary or beneficiaries specified by the deceased police officer prior to his/her death or to the deceased police officer’s estate if no beneficiary was specified. The retirement value or portion thereof to be received by the beneficiary may be paid in the form of a single lump-sum payment, straight life annuity, or other optional form of benefit specified in the retirement system’s funding medium. If benefits are paid in the form of an annuity, the annuity shall be the amount paid by the annuity contract purchased or otherwise provided by the amount of the beneficiary’s share of the retirement value as of the date of the first payment. Upon the purchase and distribution of such annuity contract to the beneficiary, all obligations of the retirement system to the beneficiary shall terminate, without exception.
B. If any police officer employed by such city as a member of its paid Police Department on January 1, 1984, except those who shall have been formerly employed in such department who are now in military service, dies while employed by the City as a police officer, other than in the line of duty, after becoming fifty-five (55) years of age and before electing to retire, and after serving in the paid Police Department of such city for at least twenty-one (21) years, then a pension of at least twenty-five percent (25%) of his/her regular pay in the form of a straight life annuity shall be paid to the surviving spouse of such deceased police officer. If the deceased police officer is not survived by a spouse or if the surviving spouse dies before the children of the police officer attain the age of majority, the pension benefit shall be paid to the police officer’s minor children until they attain the age of majority. Each such child shall share equally in the total pension benefit to the age of his/her majority, except that as soon as a child attains the age of majority, such pension as to such child shall cease. To the extent that the retirement value at the date of death exceeds the amount required to purchase the specified pension, the excess shall be paid in the manner provided in subsection (1) of this section. If the actuarial equivalent of the pension benefit payable under this subsection exceeds the retirement value at the time of the first payment, the City shall contribute such additional amounts as may be necessary to purchase or provide for the required pension benefit. If a deceased police officer described in this subsection is not survived by a spouse or minor children, his/her death benefits shall be provided under subsection (1) of this section as if such officer was not employed by the City on January 1, 1984.
C. Any payments for the benefit of a minor child shall be made on behalf of the child to the surviving parent or, if there is no surviving parent, to the legal guardian of the child.
(Ord. No. 3624, 9, 9-13-83; Code 1980, 31-24)
State Law Reference—Neb. Rev. Stat. 16-1009
8-210 POLICE OFFICER; DEATH IN THE LINE OF DUTY; BENEFICIARIES; RETIREMENT BENEFITS.
When prior to retirement any police officer participating in the retirement system dies in the line of duty or in case death is caused by or is the result of injuries received while in the line of duty and if such police officer is not survived by a spouse or by minor children, the entire retirement value shall be payable to the beneficiary specified by the deceased police officer prior to his/her death or to the deceased police officer’s estate if no beneficiary was specified. The retirement value or portion thereof to be received by the beneficiary may be paid in the form of a single lump-sum payment, straight life annuity, or other optional form of benefit specified in the retirement system’s funding medium. For a police officer who is survived by a spouse or minor children, a retirement pension of fifty percent (50%) of regular pay shall be paid to the surviving spouse or, upon his/her remarriage or death, to the minor children during each child’s minority subject to deduction of the amounts paid as workers’ compensation benefits on account of death as provided in section 8-212. Each such child shall share equally in the total pension benefit to the age of his/her majority, except that as soon as a child attains the age of majority, such pension as to such child shall cease. Any payments for the benefit of a minor child shall be made on behalf of such child to the surviving parent or, if there is no surviving parent, to the legal guardian of the child. To the extent that the retirement value at the date of death exceeds the amount required to purchase or provide the specified retirement pension, as reduced by any amounts paid as workers’ compensation benefits, the excess shall be paid in the manner provided in subsection (1) of section 8-209. If the actuarial equivalent of the pension benefit payable to a surviving spouse or minor children under this section exceeds the retirement value at the time of the first payment, the City shall contribute such additional amount as may be necessary to purchase or provide for the required pension benefit.
(Ord. No. 3624, 10, 9-13-83; Code 1980, 31-25)
State Law Reference—Neb. Rev. Stat. 16-1010
8-211 POLICE OFFICER; DISABILITY IN THE LINE OF DUTY; BENEFIT; REQUIREMENTS.
A. If any police officer becomes disabled, such police officer shall be placed upon the roll of pensioned police officers at the regular retirement pension of fifty percent (50%) of regular pay for the period of such disability. For purposes of this section, disability shall mean the complete inability of the police officer, for reasons of accident or other cause while in the line of duty, to perform the duties of a police officer.
B. No disability benefit payment shall be made except upon adequate proof furnished to the City, such proof to consist of a medical examination conducted by a competent, disinterested physician who is duly licensed to practice medicine and surgery in this State and who certifies to the City that the police officer is unable to perform the duties of a police officer. The City, during the first three (3) years of the payment for such benefits, shall have the right, at reasonable times, to require the disabled police officer to undergo a medical examination at the City’s expense to determine the continuance of the disability claimed. After such three-year period, the City may request the district court to order the police officer to submit proof of the continuance of the disability claimed if the City has reasonable grounds to believe the police officer is fraudulently receiving disability payments. The City shall have the right to demand a physical examination of the police officer by a competent, disinterested physician who is duly licensed to practice medicine and surgery in this State, and who is chosen by the City. The expense of such examination shall be borne by the City.
C. In case of temporary disability of a police officer received while in the line of duty, he/she shall receive his/her salary during the continuance of such disability for a period not to exceed twelve (12) months, except that if it is ascertained by the Council or other proper municipal authorities within twelve (12) months that such temporary disability has become a disability as defined in this section, then the salary shall cease and he/she shall be entitled to the benefits for pensions in case of disability as provided in this section.
D. All payments of pension or salary provided by this section shall be subject to deduction of amounts paid under the Nebraska Workers’ Compensation Act. Such payments shall not commence until all credit for unused annual or sick leave and other similar credits have been fully utilized by the disabled police officer if there will be no impairment to his/her salary during the period of disability. Total payments to a disabled police officer, in excess of amounts paid as workers’ compensation benefits, shall not be less than the retirement value at the date of disability. If the actuarial equivalent of the disability pension payable under this section exceeds the police officer’s retirement value at the time of the first payment, the City shall contribute such additional amounts as may be necessary, from time to time, to provide for the required disability pension.
E. If a police officer who was pensioned under this section is later determined to be no longer disabled, the pension provided for under this section shall terminate and the police officer’s vested retirement value, as reduced by any disability payments made from the retirement system, shall thereafter be held and administered in the same manner as for any non-disabled police officer or former police officer.
F. If a police officer who has pensioned under this section is later determined to be no longer disabled during the first three (3) years when disability benefit payments are being paid the police officer may return to duty with the police force under the following conditions:
1. If a vacancy exists on the police force for which the police officer is qualified and the police officer wishes to return to the police force, the City shall hire the police officer to fill the vacancy at a pay grade of not less than his/her previous pay grade; or
2. If no vacancy exists on the police force and the police officer wishes to return to the police force, the City may create a vacancy under the City’s reduction in force policy adopted under the Civil Service Act and rehire the officer at a pay grade of not less than his/her previous pay grade.
The provisions of this subsection shall not apply to a police officer whose disability benefit payments are terminated because of fraud on the part of the police officer.
(Ord. No. 3624, 11, 9-13-83; Code 1980, 31-26)
State Law Reference—Neb. Rev. Stat. 16-1011
8-212 PAYMENT OF BOTH SALARY AND BENEFITS IN FULL DURING TEMPORARY DISABILITY; PROHIBITED.
No police officer shall be entitled during any period of temporary disability to receive in full both his/her salary and his/her benefits under Chapter 48, Article 1. All Nebraska workers’ compensation benefits shall be payable in full to such police officer as provided in Chapter 48, Article 1, but all amounts paid by the City or its insurer under sections 8-201 through 8-220 of this Article to any disabled police officer entitled to receive a salary during such disability shall be considered as payments on account of such salary and shall be credited thereon. The remaining balance of such salary, if any, shall be payable as otherwise provided in sections 8-201 through 8-220 of this Article.
(Ord. No. 3624, 12, 9-13-83; Code 1980, 31-27)
State Law Reference—Neb. Rev. Stat. 16-1012
8-213 POLICE OFFICER; TERMINATION OF EMPLOYMENT; BENEFITS; HOW TREATED; VESTING SCHEDULE.
If a police officer quits or is discharged before his/her normal or early retirement date, the officer may request and receive as a lump-sum payment an amount equal to the retirement value of his/her employee account as determined at the valuation date preceding his/her termination of employment. Such police officer, if vested, shall also receive a deferred pension benefit in an amount purchased or provided by the retirement value at the date of retirement. The retirement value at such retirement date shall consist of the accumulated value of the police officer’s employee account, as reduced by any lump-sum distributions received prior to retirement, together with a vested percentage of the accumulated value of the police officer’s employer account at the date of retirement.
The vesting schedule shall be as follows:
A. If the terminated police officer has been a member of the system for less than four (4) years, such vesting shall be nil;
B. If the terminating officer has been a member of the paid department of the City of the first class for at least four (4) years, such vesting percentage shall be forty percent (40%). Such vesting percentage shall be fifty percent (50%) after five (5) years, sixty percent (60%) after six (6) years, seventy percent (70%) after seven (7) years, eighty percent (80%) after eight (8) years, ninety percent (90%) after nine (9) years, and one hundred percent (100%) after ten (10) years; and
C. All police officers shall be one hundred percent (100%) vested upon attainment of age sixty (60) while employed by the City as a police officer.
The deferred pension benefit shall be payable on the first (1st) of the month immediately following the police officer’s sixtieth (60th) birthday. At the option of the terminating police officer, such pension benefit may be paid as of the first (1st) of the month after such police officer attains the age of fifty-five (55). Such election may be made by the police officer any time prior to the payment of the pension benefits. The deferred pension benefit shall be paid in the form of the benefit options specified in subsection (1) of section 8-207 as elected by the police officer. If the police officer’s vested retirement value at the date of his/her termination of employment is less than three thousand five hundred dollars ($3,500.00), the City may elect to pay such police officer his/her vested retirement value in the form of a single lump-sum payment.
Effective January 1, 1997, a police officer may elect upon his/her termination of employment to receive his/her vested retirement value in the form of a single lump-sum payment. For a police officer whose termination of employment is prior to January 1, 1997, this election shall be available only if the City has adopted a lump-sum distribution option for terminating police officers in the funding medium established for the retirement system.
Upon any lump-sum payment of a terminating police officer’s retirement value under this section, such police officer will not be entitled to any deferred pension benefit and the City and the retirement system shall have no further obligation to pay such police officer or his/her beneficiaries any benefits under sections 8-201 to 8-220.
If the terminating police officer is not credited with one hundred percent (100%) of his/her employer account, the nonvested portion of the account shall be forfeited and first used to meet the expense charges incurred by the City in connection with administering the police officers retirement system and the remainder shall then be used to reduce the City contribution which would otherwise be required to fund pension benefits.
(Ord. No. 3624, 13, 9-13-83; Code 1980, 31-28)
State Law Reference—Neb. Rev. Stat. 16-1013
8-214 RETIREMENT COMMITTEE; ESTABLISHED; GOVERNING BODY; RESPONSIBILITIES.
A retirement committee shall be established to supervise the general operation of the retirement system established pursuant to sections 8-201 to 8-220. The Council shall continue to be responsible for the general administration of such retirement system unless specific functions or all functions with regard to the administration of the retirement system are delegated, by ordinance, to the Retirement Committee. Whenever duties or powers are vested in the City or the Retirement Committee under such sections or whenever such sections fail to specifically allocate the duties or powers of administration of the retirement system, such powers or duties shall be vested in the City unless such powers or duties have been delegated by ordinance to the Retirement Committee. The City and the Retirement Committee shall have all powers which are necessary for or appropriate to establishing, maintaining, managing, and administering the retirement system.
(Ord. No. 3624, 14, 9-13-83; Code 1980, 31-29)
State Law Reference—Neb. Rev. Stat. 16-1014
8-215 RETIREMENT COMMITTEE; COMPOSITION; TERM OF OFFICE; COMPENSATION.
Each retirement committee established pursuant to section 8-214 of this article shall consist of members from both the police force and designees of the Council. The committee shall consist of six (6) members, of which, four (4) members shall be selected by the officers from the police force of the City. Election of police officers shall be by secret ballot. Results of the election shall be verified by the City Clerk. The City Manager and Finance Director of the City shall be and are hereby appointed to the committee. The members who are not participants in such retirement system shall have a general knowledge of retirement plans. The committee members shall be appointed to four-year terms, commencing October 1, 1983. Vacancies shall be filled for the remainder of the term by a person with the same representation as his/her predecessor. Members of the retirement committee shall receive no salary and shall not be compensated for expenses.
(Ord. No. 3624, 15, 9-13-83; Ord. No. 3985, 1, 2-23-88; Code 1980, 31-30)
State Law Reference—Neb. Rev. Stat. 16-1015
8-216 RETIREMENT SYSTEM FUNDS; CONTRACTS FOR INVESTMENTS.
The funds of the retirement system shall be invested under the general direction of the Retirement Committee. The City or the Retirement Committee if delegated such function by the City shall select and contract with a funding agent or agents to hold or invest the assets of the retirement system and to provide for benefits provided by sections 8-201 to 8-220. The City or Committee may select and contract with investment managers registered under the Investment Advisers Act of 1940 to invest, reinvest, and otherwise manage such portion of the assets of the retirement system as may be assigned by the City or Committee. All funds of the retirement system shall be invested pursuant to the policies established by the Nebraska Investment Council.
(Ord. No. 3624, 16, 9-13-83; Code 1980, 31-31)
State Law Reference—Neb. Rev. Stat. 16-1016
8-217 RETIREMENT SYSTEM FUNDS; DUTIES GENERALLY.
It shall be the duty of the Retirement Committee to:
A. Provide each employee a summary of plan eligibility requirements and benefit provisions;
B. Provide, within thirty (30) days after a request is made by a participant, a statement describing the amount of benefits such participant is eligible to receive;
C. Make available for review an annual report of the system’s operations describing both: (1) the amount of contributions to the system from both employee and employer sources; and (2) an identification of the total assets of the retirement system; and
D. Have an analysis made of the investment return that has been achieved on the assets of the retirement system administered by the Committee. Such analysis shall be prepared as of January 1, 1988, and each five (5) years thereafter. The analysis shall be prepared by an independent private organization which has demonstrated expertise to perform this type of analysis and which is unrelated to any organization offering investment advice or which provides investment management services to the retirement system.
(Ord. No. 3624, 17, 9-13-83; Code 1980, 31-32)
State Law Reference—Neb. Rev. Stat. 16-1017
8-218 TERMINATION OF EMPLOYMENT; TRANSFER OF BENEFITS; WHEN.
If a police officer terminates his/her employment for the purpose of becoming a police officer employed by another city of the first class in Nebraska and such new employment commences within one hundred twenty (120) days of such termination, such police officer shall be entitled to transfer to the Police Officers Retirement System Fund of the city by which he/she is newly employed, the full amount of his/her employee account and the vested portion of the value of his/her employer account at the time of termination. The transferred funds shall be directly transferred to the police officer’s employee account in the retirement system of the city to which transferred and administered by the Retirement Committee of the City to which transferred. Upon such transfer, the City and the retirement system shall have no further obligation to such police officer or his/her beneficiary. Following the commencement of new employment, the transferring police officer shall be deemed a new employee for all purposes of the retirement system of the city to which he/she transferred.
(Ord. No. 3624, 18, 9-13-83; Code 1980, 31-33)
State Law Reference—Neb. Rev. Stat. 16-1018
A. The right to any benefits under the retirement system and the assets of any fund of the retirement system shall not be assignable or subject to execution, garnishment, attachment, or the operation of any bankruptcy or insolvency laws, except that the retirement system may comply with the directions set forth in a qualified domestic relations order meeting the requirements of section 414(p) of the Internal Revenue Code of 1986, as amended. The City or Retirement Committee may require appropriate releases from any person as a condition to complying with any such order. The retirement system shall not recognize any domestic relations order which alters or changes benefits, provides for a form of benefit not otherwise provided for by the retirement system, increases benefits not otherwise provided by the retirement system, or accelerates or defers the time of payment of benefits. No participant or beneficiary shall have any right to any specific portion of the assets of the retirement system.
B. The retirement system shall be administered in a manner necessary to comply with the tax-qualification requirements applicable to government retirement plans under section 401(a) of the Internal Revenue Code of 1986, as amended, including section 401(a)(9) relating to the time and manner in which benefits are required to be distributed, section 401(a)(16) relating to compliance with the maximum limitation on the plan benefits or contributions under section 415, section 401(a)(17) which limits the amount of compensation which can be taken into account under a retirement plan, and section 401(a)(25) relating to the specification of actuarial assumptions. Any requirements for compliance with section 401(a) of the Internal Revenue Code of 1986, as amended, may be set forth in any trust or funding medium for the retirement system. This subsection shall be in full force and effect only so long as conformity with section 401(a) of the Internal Revenue Code of 1986, as amended, is required for public retirement systems in order to secure the favorable income tax treatment extended to sponsors and beneficiaries of tax-qualified retirement plans.
C. If the Retirement Committee determines that the retirement system has previously overpaid or underpaid a benefit payable under sections 8-201 to 8-220, it shall have the power to correct such error. In the event of an overpayment, the retirement system may, in addition to any other remedy that the retirement system may possess, offset future benefit payments by the amount of the prior overpayment, together with regular interest thereon.
D. A police officer whose benefit payment is adjusted by the Retirement Committee pursuant to subsection C. of this section may request a review by the Council of the adjustment made by the Retirement Committee.
E. In order to provide the necessary amounts to pay for or fund a pension plan established under sections 8-201 to 8-220, the Mayor/President and Council may make a levy in addition to the multiple levies or the all-purpose and exclusive levy which such City is authorized by law to make.
State Law Reference—Neb. Rev. Stat. 16-1019
8-220 LEVY TO FUND PENSION PLAN.
In order to provide the necessary amounts to pay for or fund a pension plan established under sections 8-201 through 8-220 of this article, the Mayor/President and Council may make a levy in addition to the multiple levies or the all purpose and exclusive levy which such city is authorized by law to make.
(Ord. No. 3624, 19, 9-13-83; Code 1980, 31-34)
ARTICLE 3. GENERAL TRAFFIC REGULATIONS
For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
ALLEY ENTRANCE: The extension of the alley from the lot line to the street curbline.
AUTHORIZED EMERGENCY VEHICLE: Such Fire Department vehicles, Police vehicles and ambulances or rescue vehicles as are publicly owned and such other publicly or privately owned vehicles so designated by the City Manager.
CURB: The boundaries of a street as defined by this section.
DRIVE: To ride, lead, drive, pull, push, propel or operate a horse or vehicle.
DRIVER: Any person operating, driving or controlling a vehicle or rider, driver or leader of a horse.
HAULING TRAILERS: Trailers customarily towed behind passenger cars or light pickup trucks for personal or commercial use.
HORSE: Any draft animal or beast of burden.
PARK: The waiting or standing of a vehicle in any street except when such vehicle is waiting in compliance with the direction of a traffic officer or to meet driving emergencies.
RAILWAY CROSSING: That part of any street over which the tracks of a railway company shall cross such street, including that part of the street within twenty-five (25) feet of the outside of such track.
RECREATIONAL VEHICLE: Any motor propelled camping vehicle or towed camping trailer designed to be pulled or carried by a truck or vehicle, which is used for traveling and recreational activities; including boats and boat trailers. In no case shall a recreational vehicle be classed as a residence for the purposes of this Chapter or other ordinances of the City.
RIGHT-OF-WAY: The privilege of the immediate use of the street.
STOP SIGN: Any object placed in or near a street intersection with the word “stop” inscribed thereon.
STREET: That part of any public highway designed for traffic and shall include streets, avenues, alleys, drives, parkways, bridges, and public parking lots.
STREET INTERSECTION: That space occupied by two (2) streets at the point where they meet or cross each other, being the area within the prolongation of the lateral curblines, or lateral boundary lines of two (2) or more streets which join one another at an angle.
TRUCK: Any motor vehicle designed, used, or maintained primarily for the transportation of property and shall include semitractors, semitrailers, trucks exceeding five (5) tons gross weight, and school buses.
VEHICLE: Any kind of conveyance capable of being propelled or driven on the street, whether propelled by manpower, animal or mechanical power.
(Code 1958, 19.1; Ord. No. 3393, 1, 5-26-81; Code 1980, 22-1)
State Law Reference—Definitions in rules of the road, Neb. Rev. Stat. §60-605—60-676
8-302 ADOPTION OF STATE TRAFFIC LAWS.
The provisions of sections 60-601 to 60-6,374, inclusive, Nebraska Rules of the Road, Chapter 60, Article 6, Nebraska Revised Statutes, as amended, are hereby adopted as the rules of the road for the City, including such penalties as are therein provided, with the exception that the maximum fine which may be imposed shall be a fine of five hundred ($500.00) dollars, and the maximum imprisonment which may be imposed shall be limited to thirty (30) days imprisonment, and except as may be specifically provided or modified by this Code or other City ordinance. The County Court is hereby given jurisdiction over all complaints for violation of such rules of the road and for the imposition of penalties as provided by this Code.
(Code 1958, 19.15; Ord. No. 4034, 1, 7-26-88; Code 1980, 22-2; Ord. No. 6083, 2-27-96)
8-303 OPERATOR’S LICENSE OR LEARNER’S PERMIT; REQUIRED.
It shall be unlawful for any person to operate a motor vehicle, except a farm tractor, upon any street or highway within the City without having in full force and effect an operator’s license or learner’s permit to operate it as provided by the laws of the State.
(Code 1958, 19.15-1; Code 1980, 22-3)
State Law Reference—Operator’s license, Neb. Rev. Stat. 60-484
8-304 OPERATOR’S LICENSE OR LEARNER’S PERMIT; POSSESSION.
It shall be the duty of every person operating a vehicle within the City to have in his/her possession his/her operator’s license or learner’s permit. (Code 1958, 19.15-1; Code 1980, 22-4)
State Law Reference—Possession of license, Neb. Rev. Stat. 60-489
8-305 OPERATOR’S LICENSE OR LEARNER’S PERMIT; DRIVING WITH REVOKED OR SUSPENDED LICENSE.
It shall be unlawful for any person to operate a motor vehicle upon any street or highway within the City during any period that his/her motor vehicle operator’s license has been suspended or revoked pursuant to any law of this State, or after such suspension or revocation but before reinstatement of his/her license or issuance of a new State license. Upon conviction for a violation thereof, such person shall be punished as provided by section 60-430.05 Revised Statutes of Nebraska, as follows:
A. For a first (1st) offense, such person shall be imprisoned in jail for thirty (30) days, and the court shall, as a part of the judgment of conviction, order such person not to operate any motor vehicle for any purpose for a period of one (1) year from the date of his/her final discharge from the jail; and
B. For each subsequent offense, such person shall be imprisoned in jail for six (6) months, and the court shall, as a part of the judgment of conviction, order such person not to operate a motor vehicle for any purpose for a period of two (2) years from the date of his/her final discharge from jail.
(Code 1958, 19.15-2; Code 1980, 22-5)
8-306 DISPLAY OF CURRENT LICENSE PLATES REQUIRED.
It shall be unlawful for any person to operate a motor vehicle upon any street or highway within the City without one (1) numbered plate on the rear of the vehicle and one (1) numbered plate on the front of the vehicle, and the numbered plates shall be assigned to the motor vehicle for the current year.
(Code 1958, 19.15-7; Code 1980, 22-6)
State Law Reference—Motor vehicle registration, Neb. Rev. Stat. 60-301, et seq.
8-307 DRIVING IMPROPERLY REGISTERED VEHICLE AFTER DATE OF PURCHASE.
It shall be unlawful for any person to operate a motor vehicle upon any street or highway within the City without proper registration after a period of thirty (30) days from the date of purchase of the motor vehicle.
(Code 1958, 19.15-6; Code 1980, 22-7)
State Law Reference—Neb. Rev. Stat. 60-320.01
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.
(Code 1958, 19.10; Code 1980, 22-9)
Cross Reference—Littering prohibited generally, 5-203
State Law Reference—Neb. Rev. Stat. 39-683 transferred to 39-311
No vehicle shall be driven or moved on any highway unless such vehicle is so constructed or loaded as to prevent its contents from dropping, sifting, leaking or otherwise escaping therefrom.
(Code 1958, 19.11; Code 1980, 22-10)
State Law Reference—Neb. Rev. Stat. 39-6,137 transferred to 60-6,286
8-310 BOARDING, ALIGHTING FROM VEHICLES.
It shall be unlawful for any person to board or alight from any vehicle while such vehicle is in motion.
(Code 1958, 19.12; Code 1980, 22-11)
8-311 VEHICLES WITH LUGS, HEAVY LOADS, ETC., WHICH CAN DAMAGE PAVEMENT.
It shall be unlawful for any person to move or operate any steam engine, tractor, or road roller across any curb, gutter, street, sidewalk, bridge, culvert or crossing in any unpaved street within the City without first having protected such curb, gutter, street, sidewalk or crossing with heavy plank sufficient in strength to protect such curb, gutter, street, sidewalk, bridge, culvert or crossing from damage. It shall be unlawful to drive, move or operate over any paved street in the City, any vehicle, machine or implement with sharp discs or sharp wheels that bear upon the pavement, or with wheels having cutting edges or any protruding parts or bolts that extend beyond the plain tire so as to in any way injure or damage the pavement or any vehicle or implement of such weight or proportions, or carrying any load that will injure or damage any pavement, gutter or curb within the City, without planking the same as provided in this section. Where vehicles mentioned in this section are permitted or allowed to move along paved or unpaved stretches of the City, the Chief of Police is hereby empowered to choose over which street the moving of such vehicles will be permitted.
(Code 1958, §19.4, 19.5; Code 1980, 22-12)
State Law Reference—Cleats, projections on tires prohibited, etc., Neb. Rev. Stat. 39-6,131 transferred to 60-6,250
A. Any bicycle when in use at nighttime shall be equipped with a light on the front which shall emit a white light visible from a distance of at least five hundred (500) feet to the front on a clear night and with a red reflector on the rear which shall be visible on a clear night from all distances between one hundred (100) feet and six hundred (600) feet to the rear when directly in front of lawful lower beams of headlights on a motor vehicle. A light emitting a red light visible from a distance of five hundred (500) feet to the rear may be used in addition to such red reflector.
B. Any bicycle used on a highway shall be equipped with a brake which will enable the operator to make the braked wheel skid on dry, level, clean pavement.
(Code 1958, 19.3; Code 1980, 22-13)
State Law Reference—Neb. Rev. Stat. 39-691 transferred to 60-6,318
8-313 RIDING BICYCLES ON ROADWAYS, BICYCLE PATHS.
A. Any person who operates a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.
B. Any person who rides a bicycle upon a roadway shall not ride more than single file except on paths or parts of roadways set aside for the exclusive use of bicycles.
C. Whenever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such path and shall not use such roadway.
(Code 1958, 19.3; Code 1980, 22-14)
State Law Reference—Neb. Rev. Stat. 39-690 transferred to 60-6,314, 60-6,317
8-314 RIDING BICYCLES ON SIDEWALKS.
It shall be unlawful for any person to ride any bicycle on any sidewalk within the City.
(Code 1958, 19.3; Code 1980, 22-15)
State Law Reference—Neb. Rev. Stat. 16-210
Any person who rides upon any bicycle, coaster, roller skates, sled, skis, skateboard or toy vehicle shall not attach such or himself/herself to any vehicle upon a roadway; and no person shall hitch to or cling upon any vehicle which is in motion with or without the consent of the driver. (Code 1958, 19.20; Code 1980, 22-16)
State Law Reference—Neb. Rev. Stat. 39-689 transferred to 60-6,316
8-316 TRUCKS PROHIBITED ON CERTAIN STREETS.
It shall be unlawful to drive any truck, except for the purpose of making a delivery and then for one (1) block only, on any street so designated by resolution and properly sign-posted. Fire, service and maintenance vehicles operated by the City or public utility companies are specifically excluded from the provisions of this section.
(Ord. No. 3394, 1, 5-26-81; Code 1980, 22-17)
Cross Reference—Parking trucks prohibited, 8-923, et seq.
8-317 RIDING SKATEBOARDS, ROLLER SKATES AND ROLLER BLADES ON SIDEWALKS.
It shall be unlawful for any person to ride, use or operate any skateboard, roller skates or roller blades on any street, sidewalk or public parking lot within the boundaries of the downtown improvement and parking district as defined by section 3-1902 of this Code.
(Ord. No. 3915, 1, 4-28-87; Code 1980, 22-18)
State Law Reference—Neb. Rev. Stat. 60-680
ARTICLE 4. ADMINISTRATION AND ENFORCEMENT
The Police Department and the City Manager are hereby authorized, empowered and ordered to exercise all powers and duties with relation to the management of street traffic and to direct and regulate and, when necessary, temporarily divert or exclude in the interest of public safety, health and convenience the movement of pedestrian, animal and vehicular traffic of every kind in the streets within the City.
(Code 1958, 19.14; Code 1980, 22-28)
8-402 SPECIFIC VIOLATION AS TRAFFIC INFRACTION.
Any violation of any of the provisions of Chapter 8 of the Code which is not otherwise specified or declared to be a misdemeanor or an infraction shall constitute a traffic infraction.
(Ord. No. 5058, 1, 9-26-89; Code 1980, 22-28.1)
8-403 DESIGNATION, POWER AND DUTIES OF TRAFFIC OFFICERS.
The City Manager or the Chief of Police may, at any time, detail or assign officers, including community service officers, to serve as traffic-control officers authorized to regulate traffic through street intersections within the City. Each traffic officer shall be vested with the authority to regulate and control traffic at any intersections to which he/she is assigned. In addition to his/her authority as a police officer or community service officer, it shall be his/her duty to direct the movement of traffic in such a manner as will facilitate the movement of traffic and prevent congestion and accidents. It shall be unlawful for any person to violate any order or signal of any such officer.
(Code 1958, 19.2; Ord. No. 5058, 2, 9-26-89; Code 1980, 22-29)
8-404 APPLICABILITY TO SEMIPUBLIC, PRIVATELY OWNED PREMISES.
The provisions of this Chapter, insofar as the same may be applicable, are hereby specifically made applicable to public and privately owned parking lots, parking areas in shopping centers and similar semi-public or privately owned places located within the limits of the City of Kearney. The Police Department and City Manager shall be authorized, empowered, and ordered to exercise all of their usual powers and duties with respect of regulation and enforcement of the applicable sections of this Chapter in regard to offenses committed upon the premises as designated herein.
Any person who violates any of the provisions of the sections of this Code which are in force on the premises of all parking lots, shopping center parking lots, or a semi-privately or privately owned parking area, as specified within the provision of this section shall be deemed guilty of a traffic infraction, infractions, or misdemeanors according to the punishment prescribed for the violation of each respective violated section of this Code.
(Code 1958, 19.15-9; Ord. No. 5058, 3, 9-26-89; Code 1980, 22-30; Ord. No. 7333, 3-27-2007)
State Law Reference—Authority over semipublic places, Neb. Rev. Stat. 16-254
ARTICLE 5. ABANDONED VEHICLES
8-501 ABANDONED VEHICLES; ABANDONMENT PROHIBITED.
No person shall cause any vehicle to be or become an abandoned vehicle.
(Code 1980, 22-42)
State Law Reference—Neb. Rev. Stat. 60-1907
A motor vehicle shall be deemed to be an abandoned vehicle if left unattended:
A. With no numbered plates, expired plates or expired intransit stickers affixed thereto for more than six (6) hours on any public property.
B. For more than twenty-four (24) hours on any public property except a portion thereof on which parking is legally permitted.
C. For more than forty-eight (48) hours, after the parking of such vehicle shall have become illegal, if left on a portion of a public property on which parking is legally permitted; or
D. For more than seven (7) days on private property if left initially without permission of the owner or after permission of the owner shall be terminated.
E. For more than seven (7) days after being impounded for the violation of any provision of this Chapter.
(Code 1980, 22-43; Ord. No. 7557, 11-24-2009)
State Law Reference—Neb. Rev. Stat. 60-1901
8-503 TITLE OF VEHICLES WORTH ONE HUNDRED DOLLARS OR LESS.
If an abandoned vehicle, at the time of abandonment, has no license plates of the current year or valid In Transit stickers affixed and is of a wholesale value, taking into consideration the condition of the vehicle, of two hundred fifty dollars ($250.00) or less, title shall immediately vest in the City. Any certificate of title issued to the City shall be issued at no cost to such authority.
(Code 1980, 22-44; Ord. No. 7358, 6-12-2007 effective October 1, 2007)
State Law Reference—Neb. Rev. Stat. 60-1902
Except for vehicles governed by section 8-503, the City, upon taking possession of an abandoned vehicle, shall make an inquiry concerning the last-registered owner of such vehicle as follows:
A. Abandoned vehicle with number plates affixed, to the jurisdiction which issued such number plates; or
B. Abandoned vehicle with no number plates affixed, to the State Department of Motor Vehicles.
(Code 1980, 22-45)
State Law Reference—Neb. Rev. Stat. 60-1903
The City shall notify the last-registered owner if any, that the vehicle in question has been recovered as an abandoned vehicle and that, if unclaimed, it will be sold at public auction after five (5) days from the date such notice was mailed. If the agency described in section 8-504 also notified the City that a lien or mortgage exists, such notice shall also be sent to the lienholder or mortgagee. Any person claiming such vehicle shall be required to pay the cost of removal and storage of such vehicle.
(Code 1980, 22-46)
State Law Reference—Neb. Rev. Stat. 60-1903
Title to abandoned vehicles, if unclaimed, shall vest in the City five (5) days from the date such notice is mailed, or if the last-registered owner cannot be ascertained, when notice of such fact is received.
(Code 1980, 22-47)
State Law Reference—Neb. Rev. Stat. 60-1903
8-507 SALE OF VEHICLE.
When it is determined by the City Manager that the impounding fee, towing charge, and storage charges on any abandoned or impounded vehicle exceeds the fair market value of that vehicle, or when the vehicle has remained in custody in the City for a period of ninety (90) days without a claim of ownership, the City Manager may sell such vehicle at public sale to the highest bidder. Notice of such sale shall be printed once in the appropriate newspaper of general circulation within the City at least ten (10) days prior to sale. Published notice shall describe each vehicle offered for sale by the make, model and year if possible. There shall be no limit on the number of vehicles sold at any one sale. If upon date of sale no bid is received on the impounded vehicle, the City Manager may continue such sale until a bid shall have been received, or he/she may direct that such vehicle be junked or disposed of otherwise.
(Code 1958, 19.15-3; Code 1980, 22-48)
8-508 REDEMPTION BY OWNER, LIEN HOLDER PRIOR TO SALE.
The owner of any abandoned or impounded vehicle or the holder of any registered lien on any abandoned or impounded vehicle may obtain possession of such vehicle by paying to the City the charges assessed against such automobile for the impounding fee, towing charge and storage charges at any time prior to the sale of such impounded vehicle.
(Code 1958, 19.15-4; Code 1980, 22-49)
8-509 DISPOSITION OF PROCEEDS OF SALE.
All money paid for impounding fees, towing charges and storage charges on abandoned or impounded vehicles and all money paid for the purchase of abandoned or impounded vehicles sold according to the provisions of this Code shall be paid to the Chief of Police, whose duty it shall be to account for such money collected by him/her to the Director of Finance and Administration.
Any proceeds from the sale of an abandoned vehicle less any expenses incurred by the City shall be held by the City without interest, for the benefit of the owner of such vehicle for a period of two (2) years. If not claimed within such two-year period, such proceeds shall be paid into the general fund.
(Code 1958, 19.15-5; Code 1980, 22-50)
State Law Reference—Neb. Rev. Stat. 60-1905
Neither the owner, lessee, nor occupant of the premises from which any abandoned vehicle shall be removed, nor the City shall be liable for any loss or damage to such vehicle which occurs during its removal or while in the possession of the City or its contractual agent, or as a result of any subsequent disposition.
(Code 1980, 22-51)
State Law Reference—Neb. Rev. Stat. 60-1906
The last-registered owner of an abandoned vehicle shall be liable to the City for the costs of removal and storage of such vehicle.
(Code 1980, 22-52)
State Law Reference—Neb. Rev. Stat. 60-1909
ARTICLE 6. OPERATION OF VEHICLES
8-601 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 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.
(Code 1958, §19.7, 19.17; Code 1980, 22-64)
State Law Reference—Neb. Rev. Stat. 60-6,151
No person shall drive any vehicle upon a sidewalk or sidewalk area except upon a permanent or duly authorized temporary driveway.
(Code 1958, 19.18; Code 1980, 22-65)
State Law Reference—Neb. Rev. Stat. 60-6,178
8-603 RESTRICTIONS ON RIDING MOTORCYCLES.
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 (1) 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/her 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.
(Code 1958, 19.19; Code 1980, 22-66)
State Law Reference—Neb. Rev. Stat. 60-6,307
8-604 REQUIRED POSITION AND METHOD OF TURNING; RIGHT- AND LEFT-HAND TURNS; TRAFFIC-CONTROL DEVICES.
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. The City Manager may cause traffic-control devices to be placed within or adjacent to intersections and thereby require and direct that a different course from that specified in this section be traveled by vehicles turning at an intersection; and when such devices are so placed, no driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by such devices.
(Code 1958, 19.21; Code 1980, 22-67)
State Law Reference—Neb. Rev. Stat. 60-6,159
8-605 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/she shall yield the right-of-way to all vehicles approaching on such highway.
(Code 1958, 19.22; Code 1980, 22-68)
State Law Reference—Neb. Rev. Stat. 60-6,149
8-606 TURNING TO PROCEED IN OPPOSITE DIRECTION; LIMITATION.
No vehicle shall be turned so as to proceed in the opposite direction upon any curve, or upon the approach to or near the crest of a grade where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within five hundred (500) feet nor at any place where such turns are prohibited by signs. No vehicle, except authorized emergency vehicles, shall be turned at any place on a freeway so as to proceed in the opposite direction.
(Code 1958, 19.23; Code 1980, 22-69)
State Law Reference—Neb. Rev. Stat. 60-6,160
No vehicle shall be turned so as to proceed in the opposite direction or cross from one side of the street to the other at any controlled intersections or between controlled or uncontrolled intersections within the City.
(Code 1958, 19.23; Code 1980, 22-70)
8-608 FUNERAL PROCESSIONS AND PARADES.
No vehicle shall be driven through any funeral procession or any authorized parade.
(Code 1958, 19.24; Code 1980, 22-71)
8-609 DRIVING OVER FRESH PAVEMENT.
No person shall drive any vehicle over or across any newly made pavement in any street, across or around which pavement there is a barrier or when there is a person or a sign warning against driving over or across such pavement or a sign stating that the street is closed.
(Code 1958, 19.25; Code 1980, 22-72)
8-610 LEFT TURNS PROHIBITED AT DESIGNATED INTERSECTIONS.
It shall be unlawful for any person operating a vehicle to make a left turn at the following intersections:
2nd Avenue and 18th Street
2nd Avenue and 21st Street
Proper signs and/or signals shall be erected at such intersections to give notice of this section to motorists.
(Code 1958, 19.26; Ord. No. 5014, 1, 5-23-89; Ord. No. 5076, 1, 12-12-89; Code 1980, 22-73; Ord. No. 5291, 8-13-91)
Any person who drives any motor vehicle in the City carelessly or without due caution so as to endanger a person or property shall be guilty of careless driving.
(Code 1958, 19.26-1; Ord. No. 5058, 4, 9-26-89; Code 1980, 22-74)
State Law Reference—Neb. Rev. Stat. 60-6,212
8-612 DRIVING OVER UNPROTECTED FIRE HOSE.
No vehicle shall be driven over unprotected hose of a fire department 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 department official in command.
(Code 1958, 19.6; Code 1980, 22-75)
State Law Reference—Neb. Rev. Stat. 60-6,184
8-613 FOLLOWING FIRE APPARATUS.
The driver of any vehicle other than one on official business shall not follow any fire apparatus or vehicle traveling in response to a fire alarm closer than five hundred (500) feet or drive into or park such vehicle within the block where any fire apparatus or vehicle has stopped in answer to a fire alarm.
(Code 1958, 19.8; Code 1980, 22-76)
State Law Reference—Neb. Rev. Stat. 60-6,183
8-614 FOLLOWING AUTHORIZED EMERGENCY VEHICLE(S).
The driver of any vehicle other than one on official business shall not follow any authorized emergency vehicle while the emergency lights or siren of such vehicle are being operated, closer than five hundred (500) feet.
It shall be unlawful for any person to operate a vehicle over and along the streets in a negligent manner by failing to give such attention to the nature or probable consequences of his/her acts or omissions as a prudent person would ordinarily bestow upon his/her own concerns.
(Ord. No. 4022, 1, 5-24-88; Code 1980, 22-77)
8-616 UNDER THE INFLUENCE OF ALCOHOLIC LIQUOR; ALCOHOL IN BODY FLUID; PENALTY.
A. It shall be unlawful for any person to operate or be in the actual physical control of any motor vehicle:
1. While under the influence of alcoholic liquor or of any drug; or
2. When such person has a concentration of eight hundredths (.08) of one (1) gram or more by weight of alcohol per one hundred (100) milliliters of his or her blood, or
3. When such person has a concentration of eight hundredths (.08) of one (1) gram or more by weight of alcohol per two hundred ten (210) liters of his or her breath.
B. Any person who operates or is in the actual physical control of a motor vehicle while in a condition described in Subsection A shall be guilty of a misdemeanor and, upon conviction, be punished as provided in Section 8-617 of the Kearney City Code.
(Ord. No. 6705, 8-8-2000; Ord. No. 6835, 10-9-2001; Ord. No. 7105, 8-10-2004)
8-617 CHEMICAL TESTS; REFUSAL; PENALTIES.
A. Any person who operates or has in his or her actual physical control a motor vehicle shall be deemed to have given his or her consent to submit to a chemical test or tests of his or her blood, breath, or urine for the purpose of determining the concentration of alcohol or the presence of drugs in such blood, breath, or urine.
B. Any peace 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 or drugs to submit to a chemical test or tests of his or her blood, breath, or urine for the purpose of determining the concentration of alcohol or the presence of drugs in such blood, breath, or urine, when the officer has reasonable grounds to believe that such person was driving or was in the actual physical control of a motor vehicle in the City of Kearney while under the influence of alcoholic liquor or drugs in violation of Section 8-616 of the Kearney City Code.
C. Any person arrested as provided in Subsection B of this Section may, upon the direction of a peace officer, be required to submit to a chemical test or tests of his or her blood, breath, or urine for a determination of the concentration of alcohol or the presence of drugs. If the chemical test discloses the presence of a concentration of alcohol in violation of Section 8-616 of the Kearney City Code, the person shall be subject to the administrative revocation procedures provided in Sections 60-498.01 to 60-498.04 of the Nebraska Revised Statutes and upon conviction shall be punished as provided in Sections 60-6,197.02 to 60-6,197.08 of the Nebraska Revised Statutes. Any person who refuses to submit to such test or tests required pursuant to this Section shall be subject to the administrative revocation procedures provided in Sections 60-498.01 to 60-498.04 of the Nebraska Revised Statutes and shall be guilty of a crime and upon conviction punished as provided in Section 60-6,197.02 to 60-6,197.08.
D. Any person involved in a motor vehicle accident in the City of Kearney may be required to submit to a chemical test of his or her blood, breath, or urine by any peace officer if the officer has reasonable grounds to believe that the person was driving or was in actual physical control of a motor vehicle on a public highway in the City of Kearney while under the influence of alcoholic liquor or drugs at the time of the accident. A person involved in a motor vehicle accident subject to the implied consent law of this state shall not be deemed to have withdrawn consent to submit to a chemical test of his or her blood, breath, or urine by reason of leaving the City. If the person refuses a test under this Section and leaves the City for any reason following an accident, he or she shall remain subject to Subsection C of this Section and Section 60-498.02, R.R.S. upon return.
E. Any person who is required to submit to a chemical blood, breath, or urine test or tests pursuant to this ordinance shall be advised that refusal to submit to such test or tests is a separate crime for which the person may be charged.
F. Refusal to submit to a chemical blood, breath, or urine test or tests pursuant to this ordinance shall be admissible evidence in any action for a violation of Section 8-616 of the Kearney City Code
G. Any person convicted of violating Section 8-616 or 8-617 of the Kearney City Code shall be guilty of a misdemeanor and shall be punished as follows:
1. Except as provided in subdivision 2 of this section, if such person has not had a prior conviction, such person shall be guilty of a Class W misdemeanor, and shall be imprisoned in the county jail for not less than seven (7) nor more than sixty (60) days, and shall be fined not less than four hundred dollars ($400.00) nor more than five hundred dollars ($500.00), recoverable with costs, and the court shall, as part of the judgment of conviction, order that the operator’s license of such person be revoked or impounded for a period of six (6) months from the date ordered by the court. Such revocation or impoundment shall be administered upon sentencing, upon final judgment of any appeal or review, or upon the date that any probation is revoked.
If the court places such person on probation or suspends the sentence for any reason, the court shall, as one of the conditions of probation or sentence suspension, order that the operator’s license of such person be revoked or impounded for a period of sixty (60) days from the date ordered by the court unless otherwise authorized by an order issued pursuant to Section 60-6,211.05 of the Nebraska Revised Statutes, and such order of probation or sentence suspension shall also include, as one of its conditions, the payment of a four hundred dollar ($400.00) fine.
2. If such person has not had a prior conviction, and as part of the current violation, had a concentration of fifteen-hundredths (.15) of one (1) gram or more by weight of alcohol per one hundred (100) milliliters of his or her blood or fifteen-hundredths (.15) of one (1) gram or more by weight of alcohol per two hundred ten (210) liters of his or her breath, such person shall be guilty of a Class W misdemeanor, and shall be imprisoned in the county jail for not less than seven (7) nor more than sixty (60) days, and shall be fined not less than four hundred dollars ($400.00) nor more than five hundred dollars ($500.00), recoverable with costs, and the court shall, as part of the judgment of conviction, revoke the operator’s license of such person for a period of one (1) year from the date ordered by the court. Such revocation shall be administered upon sentencing, upon final judgment of any appeal or review, or upon the date that any probation is revoked.
If the court places such person on probation or suspends the sentence for any reason, the court shall, as one of the conditions of probation or sentence suspension, order that the operator’s license of such person be revoked or impounded for a period of one (1) year from the date ordered by the court unless otherwise authorized by an order issued pursuant to Section 60-6,211.05 of the Nebraska Revised Statutes, and such order of probation or sentence suspension shall also include, as conditions, the payment of a five hundred dollar ($500.00) fine and either confinement in the city or county jail for two (2) days or the imposition of not less than one hundred twenty (120) hours of community service.
3. If such person has had one (1) prior conviction, such person shall be guilty of a Class W misdemeanor, and shall be imprisoned in the county jail for not less than thirty (30) nor more than one hundred eighty (180) days, and shall be fined five hundred dollars ($500.00), recoverable with costs, the court shall, as part of the judgment of conviction, order that the operator’s license of such person be revoked for a period of one (1) year from the date ordered by the court and shall issue an order pursuant to Section 60-6,197.01 of the Nebraska Revised Statutes. Such orders shall be administered upon sentencing, upon final judgment of any appeal or review, or upon the date that any probation is revoked.
If the court places such person on probation or suspends the sentence for any reason, the court shall, as one of the conditions of probation or sentence suspension, order that the operator’s license of such person be revoked or impounded for a period of one (1) year from the date ordered by the court unless otherwise authorized by an order issued pursuant to Section 60-6,211.05 of the Nebraska Revised Statutes, and shall issue an order pursuant to Section 60-6,197.01 of the Nebraska Revised Statutes, and such order of probation or sentence suspension shall also include, as conditions, the payment of a five hundred dollar ($500.00) fine and either confinement in the city or county jail for ten (10) days or the imposition of not less than two hundred forty (240) hours of community service.
4. Any period of revocation imposed for a violation of Section 8-616 of the Kearney City Code shall be reduced by any period imposed under Section 60-648.02 of the Nebraska Revised Statutes. Any period of revocation imposed for a conviction for a violation of Section 8-616 or 8-617 of the Kearney City Code, as such existed prior to July 16, 2004, shall not prohibit the operation of a motor vehicle under the terms and conditions of an employment driving permit issued pursuant to subsection (2) of Section 60-498.02 of the Nebraska Revised Statutes.
H. For purposes of sentencing a violation of Section 8-616 or 8-617 of the Kearney City Code, prior conviction means a conviction for a violation committed within the twelve (12) year period prior to the offense for which the sentence is being imposed as follows:
1. Any conviction for a violation of Section 60-6,196 of the Nebraska Revised Statutes;
2. Any conviction for a violation of a city or village ordinance enacted in conformance with Section 60-6,196 of the Nebraska Revised Statutes;
3. Any conviction under a law of another state if, at the time of the conviction under the law of such other state, the offense for which the person was convicted would have been a violation of Section 60-6,196 of the Nebraska Revised Statutes;
4. Any conviction for a violation of Section 60-6,198 of the Nebraska Revised Statutes;
5. Any conviction for a violation of Section 60-6,197 of the Nebraska Revised Statutes;
6. Any conviction for a violation of a city or village ordinance enacted in conformance with Section 60-6,197 of the Nebraska Revised Statutes;
7. Any conviction under a law of another state if, at the time of the conviction under the law of such state, the offense for which the person was convicted would have been a violation of Section 60-6,197 of the Nebraska Revised Statutes.
I. Prior conviction includes any conviction under Sections 60-6,196, 60-6,197, or 60-6,198 of the Nebraska Revised Statutes, or any city or village ordinance enacted in conformance with any of such sections, as such sections or city or village ordinances existed at the time of such conviction regardless of subsequent amendments to any of such sections or city or village ordinances.
J. Twelve (12) year period means the period computed from the date of the prior offense to the date of the offense which resulted in the conviction for which the sentence is being imposed.
K. In any case charging a violation of Section 8-616 or 8-617 of the Kearney City Code, the prosecutor or investigating agency shall use due diligence to obtain the defendant’s driving record from the Department of Motor Vehicles and the defendant’s driving record from other states where he or she is known to have resided within the last twelve (12) years. The prosecutor shall certify to the court, prior to sentencing, that such action has been taken. The prosecutor shall present as evidence for purposes of sentence enhancement under state law an authenticated copy of a prior conviction in another state. The authenticated copy shall be prima facie evidence of such prior conviction.
L. For each conviction under this ordinance, the court shall, as part of the judgment of conviction, make a finding on the record as to the number of the defendant’s prior convictions. The defendant shall be given the opportunity to review the record of his or her prior convictions, bring mitigating facts to the attention of the court prior to sentencing, and make objections on the record regarding the validity of such prior convictions.
M. Any peace 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 or her actual physical control a motor vehicle in this state to submit to a preliminary test of his or her breath for alcohol concentration if the officer has reasonable grounds to believe that such person has alcohol in his or her body, has committed a moving traffic violation, or has been involved in a traffic accident. Any person who refuses to submit to such preliminary test or whose preliminary breath test results indicate an alcohol concentration in excess of Section 8-616 of the Kearney City Code shall be placed under arrest. Any person who refuses to submit to such preliminary test shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine or not to exceed one hundred dollars ($100.00), recoverable with costs.
N. Any person who has been convicted of driving while intoxicated shall, during a pre-sentence evaluation, submit to and participate in an alcohol assessment. The alcohol assessment shall be paid for by the person convicted of driving while intoxicated. At the time of sentencing, the judge, having reviewed the assessment results, may then order the convicted person to follow through on the alcohol assessment results as the convicted person’s expense in addition to any penalties deemed necessary.
O. The provisions of this section shall apply anywhere throughout the city except private property, which is not open to public access, or where the ordinances of the City have not been made applicable in accordance with the terms of Section 16-254 of the Nebraska Revised Statutes.
(Ord. No. 7105, 8-10-2004; Ord. No. 7222, 10-25-2005; Ord. No. 7294, 9-12-2006)
8-618 BODY FLUID ANALYSIS; FEE; PAYMENT UPON CONVICTION.
Upon the conviction of any person for violation of the provisions of Section 8-616 of this Article, or of driving a motor vehicle while under the influence of alcoholic liquor or of any drug, in violation of the City Code, there shall be assessed as part of the costs the fee charged by any physician or any agency administering tests pursuant to a permit issued by the Nebraska State Department of Health in accordance with Section 60-6,201 of the Nebraska Revised Statutes, for the test or tests administered and the analysis thereof under the provisions of Section 8-617 of this Article, if such test or tests were actually made.
(Ord. No. 6705, 8-8-2000)
8-620 ENGINE BRAKES; DEFINITIONS, PROHIBITED, AFFIRMATIVE DEFENSE, AND PENALTY.
1. Definition. For the purposes of this Article, the term “engine brake” is hereby defined as a specific braking mechanism which utilizes the release of compressed air as part of an engine retarder or engine brake on any motor vehicle as a means of slowing or stopping said vehicle.
2. Prohibition of Engine Brakes. It shall be unlawful for anyone to operate a motor vehicle and use engine retarders or brakes as a means of slowing or stopping said vehicle within the city limits.
3. Affirmative Defense. The use of an engine retarder or brake in an emergency situation to avoid an imminent accident which would otherwise result in damage or injury to person(s) or property, or the fact that the motor vehicle is equipped with a proper muffler system which eliminates noise emitted or caused by the use of an engine retarder or brake system shall constitute affirmative defenses to the application of the provisions of this Section.
4. Penalty. Any person violating any of the provisions of this Section shall be deemed guilty of an infraction and, upon conviction thereof, shall be fined in accordance with the provisions of Section 1-112. Each day any such violation shall occur or continue shall constitute and be deemed a separate offense.
(Ord. No. 6834, 10-9-2001)
ARTICLE 7. TRAFFIC CONTROL DEVICES
The Council may, by resolution, provide for the placing of stop signs or other signs, signals, standards or other mechanical devices or markings in or on any street or alley in the City for the purpose of regulating or prohibiting traffic or stopping, standing or parking thereon. Such resolution shall describe the portion of the street or the alley wherein traffic or stopping, standing or parking is to be regulated or prohibited, shall designate the regulation or prohibition, the place where such signs, signals, standards or other mechanical devices shall be placed and the hours when such regulation or prohibition shall be effective.
(Code 1958, §19.27, 19.41; Code 1980, 22-89)
State Law Reference—Authority of council, Neb. Rev. Stat. 60-680
The City Manager shall, pursuant to a resolution providing for the placement of any traffic control sign, signal, device or marking, place the same as designated or provided by such resolution for the information of the driving public.
(Code 1958, 19.27; Code 1980, 22-90)
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.
(Code 1958, 19.27; Code 1980, 22-91)
State Law Reference—Neb. Rev. Stat. 60-6,119
8-704 TRAFFIC CONTROL SIGNALS; 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:
A. RED; STOP:
1. Vehicular traffic facing a steady red signal 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 cross walk then before entering the intersection, and shall remain standing until an indication to proceed is shown except as provided in subsection (A)(2) of this section;
2. 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 subsection (A)(1) 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; and
3. Unless otherwise directed by a pedestrian-control signal, pedestrians facing a steady red signal alone shall not enter the roadway;
B. YELLOW; WARNING:
1. 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; and
2. Pedestrians facing a steady yellow signal, unless otherwise directed by a pedestrian-control signal, 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;
C. GREEN; GO:
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; and
3. Unless otherwise directed by a pedestrian-control signal, pedestrians facing any green signals, except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk; and
D. 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.
(Code 1958, 19.31; Code 1980, 22-93)
State Law Reference—Neb. Rev. Stat. 60-6,123
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/she shall be guilty of a misdemeanor.
B. No person shall willfully or maliciously injure, deface, alter or knock down any sign, traffic-control device, or traffic-surveillance device.
C. It shall be unlawful for any person other than a duly authorized representative of 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 City. It shall be unlawful for any person to possess such a sign or device which has been removed in violation of this subsection.
D. Any person violating subsection B. or C. of this section shall be guilty of a misdemeanor and shall be assessed liquidated damages in the amount of the value of the sign, traffic control or traffic surveillance device and the cost of replacing it.
State Law Reference—Neb. Rev. Stat. 60-6,130
8-706 PREFERENTIAL RIGHT-OF-WAY; STOP AND YIELD SIGNS.
A. The City may provide for preferential right-of-way at an intersection and indicate such by stop signs or yield signs.
B. 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.
C. 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.
(Code 1958, 19.28; Code 1980, 22-94)
State Law Reference—Neb. Rev. Stat. 60-6,148
ARTICLE 8. SPEED LIMITATIONS
8-801 SPEED LIMITATIONS; GENERALLY.
No person shall drive any vehicle on any street within the City at a rate of speed greater than is reasonable and proper having regard for the traffic and conditions of the street, and in no event at speeds in excess of the legal limits.
(Code 1958, 19.16; Code 1980, 22-106)
State Law Reference—Neb. Rev. Stat. 60-680
Except on those streets or portions of streets duly designated and posted, no person shall drive any vehicle at a rate of speed greater than twenty-five (25) miles per hour in any residential district in this City or twenty (20) miles per hour in any business district in this City.
(Code 1958, 19.16; Code 1980, 22-107)
8-803 ALTERATION FOR SPECIFIC STREETS.
The Council, in conformance with the laws of the State, is hereby authorized to alter the maximum rate of speed on any street within the City, and to so post any such street with appropriate signs indicating the maximum allowable rate of speed. No person shall drive any vehicle on any street within the City at a rate of speed in excess of the posted rate.
(Code 1958, 19.16; Code 1980, 22-108)
It shall be unlawful for any person to drive a vehicle on any of the following streets or portions of streets in excess of the indicated speed limit:
|
STREET |
EXTENT |
SPEED (mph)
|
|
U.S. Highway 30 24th/25th Street |
From a point sixteen hundred (1600) feet west of 30th Avenue to a point eight hundred fifty (850) feet west of 30th Avenue …….. |
55
|
|
U.S. Highway 30 24th/25th Street |
From a point eight hundred fifty (850) feet west of 30th Avenue to Conner Avenue (19th Avenue) …………………………................ |
40
|
|
U.S. Highway 30 24th/25th Street
|
From Conner Avenue (19th Avenue) to Avenue N ………………… |
35 |
|
U.S. Highway 30 24th/25th Street |
From Avenue N to a point nine hundred (900) feet east of Avenue Q ……………………………………………………………….. |
40
|
|
U.S. Highway 30 24th/25th Street |
From a point nine hundred (900) feet east of Avenue Q to Antelope Avenue ………………………………………………………. |
50
|
|
U.S. Highway N-44 (2nd Avenue) |
From a point twelve hundred (1200) feet south of Platte Road to Platte Road ………………………………………………………….. |
60
|
|
U.S. Highway N-44 (2nd Avenue) |
From Platte Road to a point three hundred (300) feet south of 11th Street ……………………………………………………………… |
45
|
|
U.S. Highway N-44 (2nd Avenue) |
From a point three hundred (300) feet south of 11th Street to 25th Street …………………………………………………………… |
35
|
|
U.S. Highway N-10 (2nd Avenue) |
From 25th Street to a point six hundred (600) feet north of 39th Street ……………………………………………………………………. |
35
|
|
U.S. Highway N-10 (2nd Avenue) |
From a point six hundred (600) feet north of 39th Street to a point three hundred (300) feet north of 56th Street …………………….… |
40
|
|
U.S. Highway N-10 (2nd Avenue) |
From a point three hundred (300) feet north of north of 56th Street to 65th Street …………………………………………………… |
50
|
|
30th Avenue |
From 18th Street north to a point eight hundred (800) feet north of 24th Street …………………………………………………………… |
35
|
|
30th Avenue |
From a point eight hundred (800) feet north of 24th Street north to 39th Street …………………………………………………………… |
35
|
|
30th Avenue |
From 39th Street north to the City limits …………………………….. |
50
|
|
17th Avenue |
From 39th Street north to the City limits …………………………….. |
40
|
|
Avenue E |
From 21st Street north to 48th Street ……………………………….. |
25
|
|
Avenue E |
From 48th Street north to 56th Street ……………………………….. |
30
|
|
Avenue H |
From south end of overpass to 11th Street …………………………. |
30
|
|
Avenue N |
From 27th Street north to 39th Street ……………………………… |
35
|
|
Avenue N |
From 39th Street north to the City limits …………………………….. |
40
|
|
Avenue M |
From 16th Street to 20th Street …………………………………….… |
35
|
|
Grand Avenue |
From U.S. Highway 30 north to 34th Street ………………………… |
35
|
|
1st Street East (Archway Parkway) |
From Avenue M west to Central Avenue (except that segment lying between 600 feet east and 600 feet west of Avenue M which is 25 mph) ……………………………..………………………… |
40
|
|
11th Street |
From Avenue M west to 15th Avenue ……………………………….. |
35
|
|
11th Street |
From 15th Avenue to the west City limits …………………………… |
45
|
|
16th Street |
From Avenue H west to 5th Avenue …………………………………. |
30
|
|
31st Street |
From 2nd Avenue to Avenue E ………………………………………. |
30
|
|
39th Street |
From Avenue N to the east City limits ………………………………. |
40
|
|
39th Street |
From Avenue N west to Avenue A …………………………………… |
35
|
|
39th Street |
From Avenue A to 2nd Avenue ………………………………………. |
25
|
|
39th Street |
From 2nd Avenue to a point five hundred (500) feet east of Country Club Lane …………………………………………………….. |
35
|
|
39th Street |
From a point five hundred (500) feet east of Country Club Lane west to 30th Avenue …………………………………………………… |
45
|
|
48th Street |
From 2nd Avenue to 6th Avenue …………………………………….. |
35
|
|
56th Street |
From 2nd Avenue to Avenue N ………………………………………. |
40
|
|
Railroad Street |
From 17th Avenue west to 30th Avenue ……………………………. |
45
|
|
Railroad Street |
From Avenue N west to Avenue B …………………………………… |
35
|
|
Railroad Street |
From Avenue B to 2nd Avenue ………………………………………. |
25
|
|
University Drive |
From Lakeview Drive west to U.S. Highway 30 ……………………. |
30
|
(Code 1958, 19.16; Ord. No. 3218, 1, 4-22-80; Ord. No. 3607, 1, 7-12-83; Ord. No. 3723, 1, 10-23-84; Ord. No. 3926, 1, 6-23-87; Ord. No. 3961, 1, 1-10-87; Ord. No. 5159, 1, 9-11-90; Code 1980, 22-109; Ord.No. 5246, 4-23-91; Ord. No. 5289 8-13-91; Ord. No. 5296, 8-27-91; Ord. No. 6048, 12-12-95; Ord. No. 6106, 4-23-96; Ord. No. 6270, 5-13-97; Ord. No. 7229, 12-27-2005; Ord. No. 7255, 5-9-2006; Ord. No. 7290, 8-22-2006; Ord. No. 7304, 10-24-2006)
State Law Reference—Neb. Rev. Stat. 60-680
No person shall drive or operate any vehicle at a rate of speed in excess of twenty (20) miles per hour upon, over or through any street or highway designated herein and posted as a school zone during the hours from 7:00 a.m. through and inclusive to 4:00 p.m. during the week Monday through Friday, inclusive, through the school year, which is hereby designated as commencing August 25 through and including June 5 of each calendar year.
|
Bryant Elementary School Zone |
|
|
16th Street |
Commencing in eastbound lane two hundred (200) feet west of the west curbline of Avenue C, and ending in eastbound lane at the west curbline of Avenue E
Commencing in westbound lane at the west curbline of Avenue E, and ending in westbound lane two hundred (200) feet west of the west curbline of Avenue C
|
|
17th Street |
Commencing in eastbound lane fifty (50) feet east of the west curbline of Avenue C, and ending in eastbound lane one hundred fifty (150) feet west of the west curbline of Avenue E
Commencing in westbound lane at the west curbline of Avenue E, and ending in westbound lane at the west curbline of Avenue C
|
|
Avenue C |
Commencing in northbound lane at the south curbline of 16th Street, and ending in northbound lane seventy-five (75) feet north of the north curbline of 17th Street
Commencing in southbound lane seventy-five (75) feet feet north of the north curbline of 17th Street, and ending in southbound lane at the south curbline of 16th Street
|
|
Central Elementary School Zone |
|
|
24th Street |
Commencing in eastbound lane one hundred (100) feet west of the west curbline of 4th Avenue, and ending in eastbound lane at the west curbline of 2nd Avenue
Commencing in westbound lane at the west curbline of 2nd Avenue, and ending in westbound lane one hundred (100) feet west of the west curbline of 4th Avenue
|
|
22nd Street |
Commencing in eastbound lane one hundred (100) feet west of the west curbline of 4th Avenue, and ending in eastbound lane at the west curbline of 2nd Avenue
Commencing in westbound lane at the west curbline of 2nd Avenue, and ending in eastbound lane one hundred (100) feet west of the west curbline of 4th Avenue
|
|
4th Avenue |
Commencing in northbound lane at the south curbline of 22nd Street, and ending in northbound lane fifty (50) feet north of the north curbline of 24th Street
Commencing in southbound lane fifty (50) feet north of the north curbline of 24th Street, and ending in southbound lane at the south curbline of 22nd Street
|
|
Emerson Elementary School Zone |
|
|
27th Street |
Commencing in eastbound lane at the west curbline of Avenue E, and ending in eastbound lane two hundred (200) feet east of the east curbline of Avenue F
Commencing in westbound lane two hundred (200) feet east of the east curbline of Avenue F, and ending in westbound lane at the west curbline of Avenue E
|
|
28th Street |
Commencing in eastbound lane at the west curbline of Avenue E, and ending in eastbound lane at the east curbline of Avenue F
Commencing in westbound lane at the east curbline of Avenue F, and ending in westbound lane at the west curbline of Avenue E
|
|
Avenue E |
Commencing in northbound lane fifty (50) feet south of the south curbline of 27th Street, and ending in northbound lane one hundred forty (140) feet south of the south curbline of 29th Street
Commencing in southbound lane one hundred forty (140) feet south of the south curbline of 29th Street, and ending in southbound lane fifty (50) feet south of the south curbline of 27th Street
|
|
Avenue F |
Commencing in northbound lane at the north curbline of 27th Street and ending in northbound lane two hundred (200) feet north of the north curbline of 28th Street
Commencing in southbound lane two hundred (200) feet north of the north curbline of 28th Street, and ending in southbound lane at the south curbline of 27th Street |
|
Faith Christian School Zone |
|
|
8th Avenue |
Commencing in northbound lane north of the north curbline of 32nd Street and ending in northbound lane at the south curbline of 33rd Street
Commencing in southbound lane south of the south curbline of 33rd Street and ending in southbound lane at the north curbline of 32nd Street
|
|
33rd Street |
Commencing in eastbound lane east of the east curbline of 8th Avenue and ending in eastbound lane at the east curbline of 7th Avenue
Commencing in westbound lane east of the east curbline of 8th Avenue and ending in eastbound lane at the east curbline of 7th Avenue
|
|
Kearney Catholic School Zone |
|
|
Avenue A |
Commencing in northbound lane one hundred seventy (170) feet south of the south curbline of 35th Street, and ending in northbound lane five hundred twenty (520) feet north of the north curbline of 35th Street
Commencing in southbound lane five hundred twenty (520) feet north of the north curbline of 35th Street, and ending in southbound lane one hundred seventy (170) feet south of the south curbline of 35th Street
|
|
Avenue C |
Commencing in northbound lane north of the north curbline of 35th Street, and ending in northbound lane two hundred (200) feet north of the north curbline of 35th Street
Commencing in southbound lane two hundred (200) feet north of the north curbline of 35th Street, and ending in southbound lane north of the north curbline of 35th Street
|
|
35th Street |
Commencing in eastbound lane at the west curbline of Avenue A, and ending in eastbound lane one hundred (100) feet east of the east curbline of Avenue C
Commencing in westbound lane one hundred (100) feet east of the east curbline of Avenue C, and ending in westbound lane at the west curbline of Avenue A
|
|
Kearney High/Horizon Middle School Zone |
|
|
6th Avenue |
Commencing in northbound lane fifty (50) feet north of the north curbline of 33rd Street, and ending in northbound lane at the south curbline of 39th Street
Commencing in southbound lane at the south curbline of 39th Street, and ending in southbound lane at the south curbline of 33rd Street
|
|
7th Avenue |
Commencing in northbound lane north of the north curbline of 29th Street, and ending in northbound lane south of the south curbline of 35th Street
Commencing in southbound lane south of the south curbline of 35th Street, and ending in southbound lane north of the north curbline of 29th Street
|
|
11th Avenue |
Commencing in northbound lane north of the north curbline of 35th Street, and ending in northbound lane at the south curbline of 39th Street
Commencing in southbound lane at the south curbline of 39th Street, and ending in southbound lane north of the north curbline of 35th Street
|
|
33rd Street |
Commencing in eastbound lane east of the east curbline of 7th Avenue, and ending in eastbound lane at the east curbline of 6th Avenue
Commencing in westbound lane at the east curbline of 6th Avenue, and ending in westbound lane east of the east curbline of 7th Avenue
|
|
35th Street |
Commencing in eastbound lane thirty (30) feet west of the west curbline of 11th Avenue, and ending in eastbound lane at the east curbline of 6th Avenue
Commencing in westbound lane at the east curbline of 6th Avenue, and ending in westbound lane thirty (30) feet west of the west curbline of 11th Avenue
|
|
Kenwood Elementary School Zone |
|
|
15th Street |
Commencing in eastbound lane at the west curbline of 5th Avenue, and ending in eastbound lane seventy-five (75) feet east of the east curbline of 4th Avenue
Commencing in westbound lane seventy-five (75) feet east of the east curbline of 4th Avenue, and ending in westbound lane at the west curbline of 5th Avenue
|
|
16th Street |
Commencing in eastbound lane seventy-five (75) feet east of the east curbline of 6th Avenue, and ending in eastbound lane seventy-five (75) feet west of the west curbline of 3rd Avenue
Commencing in westbound lane seventy-five (75) feet west of the west curbline of 3rd Avenue, and ending in westbound lane seventy-five (75) feet east of the east curbline of 6th Avenue
|
|
4th Avenue |
Commencing in northbound lane at the south curbline of 15th Street, and ending in northbound lane at the north curbline of 16th Street
Commencing in southbound lane at the north curbline of 16th Street, and ending in southbound lane at the south curbline of 15th Street
|
|
5th Avenue |
Commencing in northbound lane one hundred fifty (150) feet north of the north curbline of 14th Street, and ending in northbound lane fifty (50) feet north of the north curbline of 16th Street
Commencing in southbound lane fifty (50) feet north of the north curbline of 16th Street, and ending in southbound lane one hundred fifty (150) feet north of the north curbline of 14th Street |
|
Meadowlark Elementary School Zone |
|
|
Avenue K |
Commencing in northbound lane fifty (50) feet north of the north curb of 52nd Street, and ending in northbound lane south of the south curbline of 56th Street
Commencing in southbound lane south of the south curbline of 56th Street, and ending in southbound lane fifty (50) feet north of the north curbline of 52nd Street
|
|
52nd Street |
Commencing in eastbound lane fifty (50) feet east of the east curbline of Avenue K, and ending one hundred (100) feet west of the west curbline of Avenue N
Commencing in westbound lane one hundred (100) feet west of the west curbline of Avenue N, and ending fifty (50) feet east of the east curbline of Avenue K
|
|
53rd Street |
Commencing in eastbound lane east of the east curb of Avenue K, and ending fifty (50) feet north of the north curb of 52nd Street
Commending in westbound lane fifty (50) feet north of the north curbline of 52nd Street, and ending east of the east curbline of Avenue K
|
|
Northeast Elementary School Zone |
|
|
Avenue I |
Commencing in northbound lane seventy-five (75) feet south of the south curbline of 34th Street, and ending in northbound lane one hundred (100) feet south of the south curbline of 36th Street
Commencing in southbound lane one hundred (100) feet south of the south curbline of 36th Street, and ending in southbound lane seventy-five (75) feet south of the south curbline of 34th Street
|
|
Avenue L |
Commencing in northbound lane seventy-five (75) feet south of the south curbline of 34th Street, and ending in northbound lane one hundred fifty (150) feet north of the north curbline of 35th Street
Commencing in southbound lane one hundred fifty (150) feet north of the north curbline of 35th Street, and ending in southbound lane seventy-five (75) feet south of the south curbline of 34th Street
|
|
34th Street |
Commencing in eastbound lane at the west curbline of Avenue I, and ending in eastbound lane one hundred seventy-five (175) feet west of the west curbline of Avenue M
Commencing in westbound lane one hundred (100) feet west of the west curbline of Avenue N, and ending in westbound lane at the west curbline of Avenue I
|
|
35th Street |
Commencing in eastbound lane at the west curbline of Avenue I, and ending in eastbound lane at the west curbline of Avenue L
Commencing in westbound lane at the west curbline of Avenue L, and ending in westbound lane at the west curbline of Avenue I |
|
Park Elementary School Zone |
|
|
29th Street |
Commencing in eastbound lane at the east curbline of 8th Avenue, and ending in eastbound lane at the west curbline of 5th Avenue
Commencing in westbound lane at the west curbline of 5th Avenue, and ending in westbound lane at the east curbline of 8th Avenue
|
|
7th Avenue |
Commencing in northbound lane north of the north curbline of 29th Street, and ending south of the south curbline of 35th Street
Commencing in southbound lane south of the south curbline of 35th Street, and ending in southbound lane north of the north curbline of 29th Street
|
|
6th Avenue |
Commencing in northbound lane north of the north curbline of 29th Street to the north end of the cul-de-sac
Commencing in the southbound lane from the north end of the cul-de-sac south to the north curbline of 29th Street
|
|
Sunrise Middle School Zone |
|
|
Avenue N |
Commencing in northbound lane seventy-five (75) feet south of the south curbline of 45th Street, and ending seven hundred fifty (750) feet north of the north curbline of 45th Street
Commencing in southbound lane seven hundred fifty (750) feet north of the north curbline of 45th Street, and ending seventy-five (75) feet south of the south curbline of 45th Street
|
|
45th Street |
Commencing in eastbound lane east of the east curbline of Avenue N, and ending west of the west curbline of Avenue R
Commencing in westbound lane west of the west curbline of Avenue R, and ending east of the east curbline of Avenue N
|
|
Windy Hills Elementary School Zone |
|
|
20th Avenue |
Commencing in northbound lane at the north curbline of 39th Street, and ending in northbound lane south of the south curbline of 44th Street
Commencing in southbound lane south of the south curbline of 44th Street, and ending in southbound lane at the north curbline of 39th Street
|
|
19th Avenue |
Commencing in northbound lane one hundred (100) feet north of the north curbline of 42nd Street, and ending in northbound lane at the north curbline of 44th Street
Commencing in southbound lane south of the south curbline of 44th Street, and ending in southbound lane one hundred (100) feet north of the north curbline of 42nd Street
|
|
40th Street |
Commencing in eastbound lane at the west curbline of 20th Avenue, and ending in eastbound lane one hundred (100) feet west of the west curbline of 19th Avenue
Commencing in westbound lane one hundred (100) feet west of the west curbline of 19th Avenue, and ending in westbound lane at the west curbline of 20th Avenue
|
|
41st Street |
Commencing in eastbound lane at the west curbline of 20th Avenue, and ending in eastbound lane one hundred seventy-five (175) feet east of the east curbline of 20th Avenue
Commencing in westbound lane one hundred seventy-five (175) feet east of the east curbline of 20th Avenue, and ending in westbound lane at the west curbline of 20th Avenue
|
|
44th Street |
Commencing in eastbound lane at the east curbline of 20th Avenue, and ending in eastbound lane at the east curbline of 19th Avenue
Commencing in westbound lane at the east curbline of 19th Avenue, and ending in westbound lane at the east curbline of 20th Avenue
|
|
Zion Lutheran School Zone |
|
|
24th Street |
Commencing in eastbound lane fifty (50) feet west of Avenue C, ending in eastbound lane fifty (50) feet east of Avenue D
Commencing in westbound lane fifty (50) feet east of Avenue D, ending in westbound lane fifty (50) feet west of Avenue C
|
|
Avenue C |
Commencing in northbound lane seventy-five (75) feet south of 24th Street, ending in northbound lane one hundred ninety (190) feet south of 25th Street
Commencing in southbound lane one hundred ninety (190) feet south of 25th Street, ending in southbound lane seventy-five (75) feet south of 24th Street
|
|
Avenue D |
Commencing in northbound lane seventy-five (75) feet south of 24th Street, ending in northbound lane one hundred ninety (190) feet south of 25th Street
Commencing in southbound lane one hundred ninety (190) feet south of 25th Street, ending in southbound lane seventy-five (75) feet south of 24th Street
|
|
Other Zones |
|
|
Avenue N |
Commencing in southbound lane south of the south curbline of 34th Street, and ending north of the north curbline of 33rd Drive
Commencing in northbound lane north of the north curbline of 33rd Drive, and ending north of the north curbline of 34th Street
Commencing in southbound lane one hundred (100) feet north of the north curbline of 27th Street, and ending one hundred (100) feet south of the south curbline of 27th Street
Commencing in northbound lane one hundred (100) feet south of the south curbline of 27th Street, and ending one hundred (100) feet north of the north curbline of 27th Street
|
|
11th Street |
Commencing in the eastbound lane one hundred fifty (150) feet west of the west curbline of Avenue C, and ending one hundred fifty (150) feet east of the east curbline of Avenue C
Commencing in westbound lane one hundred fifty (150) feet east of the east curbline of Avenue C, and ending one hundred fifty (150) feet west of the west curbline of Avenue C
|
(Code 1958, 19.16; Code 1980, 22-110; Ord. No. 5452, 8-11-92; Ord. No. 5992, 7-25-95; Ord. No. 6334, 10-14-97; Ord. No. 6428, 8-11-98)
State Law Reference—Neb. Rev. Stat. 60-682.01
It shall be unlawful for any person to drive a vehicle on or upon or over any of the alleys located within the City at a rate of speed in excess of ten (10) miles per hour.
(Ord. No. 3922, 1, 5-26-87; Ord. No. 5056, 1, 9-26-89; Code 1980, 22-111)
8-807 SCHOOL ZONES - YEAR ROUND.
No person shall drive or operate any vehicle at a rate of speed in excess of twenty (20) miles per hour upon, over or through any street or highway designated herein and posted as a school zone during the hours from 7:00 a.m. through and inclusive to 4:00 p.m. during the week Monday through Friday, inclusive, through the entire year.
|
Meadowlark School Zone |
|
|
Avenue K |
Beginning southbound at 56th Street, ending at 52nd Street
Beginning northbound at 52nd Street, ending at 56th Street
|
|
53rd Street |
Beginning eastbound at Avenue K to 52nd Street
Beginning westbound at 52nd Street to Avenue K
|
|
52nd Street |
Beginning eastbound at Avenue K, ending at Avenue N
Beginning westbound at Avenue N, ending at Avenue K |
(Ord. No. 5992, 7-25-95; Ord. No. 6107, 4-23-96)
ARTICLE 9. STOPPING, STANDING AND PARKING
It shall be unlawful for any person, except in case of accident or emergency, to park or stand a motor vehicle on any public street within the City in such a location or position as to obstruct the normal flow of traffic on said street.
(Ord. No. 5058, 5, 9-26-89; Code 1980, 22-122; Ord. No. 6039, 11-28-95)
8-902 OBSTRUCTION OF INTERSECTIONS.
No person shall enter an intersection or marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he/she is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic control signal indication to proceed.
(Ord. No. 5058, 6, 9-26-89; Code 1980, 22-123; Ord. No. 6040, 11-28-95)
8-903 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.
(Code 1958, 19.42; Code 1980, 22-124)
State Law Reference—Neb. Rev. Stat. 60-6,150
A. Except as otherwise provided in this Article, any vehicle stopped or parked upon a 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.
(Code 1958, 19.46; Code 1980, 22-125)
State Law Reference—Neb. Rev. Stat. 60-6,167
8-905 PARKING WITHIN MARKED SPACES.
When parking spaces are marked off on the pavement or curb, vehicles shall be parked within such marked spaces.
(Code 1958, 19.45; Code 1980, 22-126)
8-906 OWNER OF VEHICLE PRESUMED GUILTY.
If any vehicle is found stopped, standing or parking in any manner violative of the provisions of this Chapter, and the identity of the operator cannot be determined, the owner or person or corporation in whose name such vehicle is registered shall be held prima facie responsible for such violation.
(Ord. No. 2841, 2, 6-13-78; Code 1980, 22-127)
It shall be unlawful for any person to remove, in any manner, any chalk marks placed on a tire of a vehicle by any police officer or community service officer in order to enforce the provisions of this Article until and unless such vehicle shall first be operated and moved on the streets of the City.
(Ord. No. 2841, 4, 6-13-78; Code 1980, 22-128)
8-908 BUSINESS WITH DRIVE-IN ACCESS.
In all businesses conducted upon property abutting streets and avenues in the City where the nature of the business is such that it is necessary for such business to have ingress over the sidewalk, such drive-in access shall be limited to the actual space necessary; and curb parking shall be so arranged that the necessary space for the drive-in access shall be available to the operator of the business. (Code 1958, 19.40; Code 1980, 22-132)
8-909 NEAR BUILDING ENTRANCES.
No vehicle shall be permitted to park or stand at the curb within thirty (30) feet of the main entrance of any hotel, theater, church, schoolhouse, hospital or other public building, which shall be determined by measuring fifteen (15) feet on each side of a point on the curb opposite the middle of the main entrance of the building.
(Code 1958, 19.40; Code 1980, 22-133)
8-910 PARKING FOR CERTAIN PURPOSES PROHIBITED.
No person shall park a vehicle upon any roadway for the principal purpose of:
A. Displaying such vehicle for sale; or
B. Repair such vehicle except repair necessitated by an emergency; or
C. Washing or greasing such vehicle.
(Code 1958, §19.44, 19.49; Code 1980, 22-134)
No vehicle shall be parked in any alley except for the purpose of loading or unloading and then only during the time it is being loaded or unloaded and for the time necessary. Every vehicle, while loading or unloading in any alley, shall be parked in such manner as will cause the least obstruction possible to traffic.
(Code 1958, 19.48; Code 1980, 22-135)
It shall be unlawful to park or to permit any vehicle to stand at any time in any of the following places except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device:
A. In any intersection.
B. In a crosswalk.
C. Upon any bridge or viaduct or the approach thereto.
D. Between a safety zone and the adjacent curb or within thirty (30) feet of a point of the curb immediately opposite the end of a safety zone.
E. Within twenty (20) feet or six and ten hundredths (6.10) meters of any intersection or crosswalk.
F. Within fifteen (15) feet or four and fifty-seven hundredths (4.57) meters of a fire hydrant.
G. At any place where the vehicle would block the use of a driveway.
H. On any sidewalk.
I. At any place where official signs prohibit parking.
J. At any time on the following streets:
1. University Drive Circle, all of the streets and ways platted as such, except that portion bounded by 25th Street designated for parking.
2. Second Avenue, from the south City limits to the north City limits.
3. 16th Street, from the west right-of-way line of 4th Avenue west to the east right-of-way line of 6th Avenue.
4. 24th Street, from the west boundary of 9th Avenue west to the west boundary of Lot 7, Lincoln Way Villa Plots, if extended north across such street.
5. 25th Street, between the east boundary of Central Avenue and the east boundary of Avenue “N.”
K. Adjacent to or beside any curb painted yellow.
L. No vehicle other than a licensed taxicab shall be parked in any area designated by ordinance as a cab stand; and no vehicle other than a bus shall be parked in a place so designated as a bus loading zone.
M. It shall be unlawful to park any motor vehicle on any private property without the consent of the owner of the property.
N. Parking prohibited in spaces designated for disabled or handicapped persons.
1. It is unlawful for any person to park or leave standing any vehicle in a stall or space designated for physically handicapped persons, if, immediately adjacent to and visible from such stall or space, there is posted a sign known as the international wheelchair symbol consisting of a profile view of a stylized wheelchair with occupant in white on a blue background, unless the driver of the car is disabled.
2. The provisions of subdivision (1) herein shall apply to all off-street parking facilities owned or operated by the City.
O. It is unlawful for any person to park any motor vehicle in front yards or side yards, other than approved driveways, in residential districts.
(Code 1958, 19.32; Ord. No. 3307, 1, 12-9-80; Ord. No. 3795, 1, 11-26-85; Code 1980, 22-136; Ord. No. 5564, 3-9-93)
8-913 TWO-HOUR PARKING; GENERALLY.
It shall be unlawful for any person to park any vehicle on any of the following streets or portions of streets and public parking areas for a period of time in excess of two (2) consecutive hours between the hours of eight (8:00) a.m. and eight (8:00) p.m. on Monday through Saturday, inclusive:
|
STREET
|
EXTENT |
|
Avenue A |
West side, from 25th Street south to the entrance of the parking lot located between 22nd Street and 23rd Street
|
|
Avenue A |
West side, from Railroad Street north to a point 100 feet south of the intersection of 22nd Street and Avenue A
|
|
Avenue A |
East side, from 25th Street south to 24th Street
|
|
Avenue A |
East side, from 22nd Street south to Railroad Street
|
|
Central Avenue |
From 25th Street to 19th Street
|
|
Central Avenue |
West side, between 30th Street and 31st Street
|
|
Central Avenue |
West side, for a distance of eighty (80) feet north of the north line of 31st Street
|
|
Railroad Street |
From 1st Avenue to Avenue A
|
|
1st Avenue |
East side, from 23rd Street to Railroad Street
|
|
1st Avenue |
West side, from north entrance of 2-hour parking lot located south of the Library to 21st Street
|
|
1st Avenue |
West side, north 150 feet of block from 21st Street to 22nd Street
|
|
1st Avenue |
West side, between 23rd Street and 24th Street
|
|
21st Street |
From 1st Avenue to the alley east of Avenue A
|
|
21st Street |
From alley west of 1st Avenue to 2nd Avenue
|
|
21st Street |
South side, from Avenue B to the alley west of Avenue B
|
|
22nd Street |
From 2nd Avenue to Avenue A
|
|
23rd Street |
From the alley east of 2nd Avenue to Central Avenue
|
|
23rd Street |
North side, between Central Avenue and Avenue A
|
|
24th Street |
From the alley east of 2nd Avenue to 1st Avenue
|
|
24th Street |
North side of 24th Street from Avenue A to the alley east of Avenue A
|
|
Parking Lot |
Directly south of the Public Library abutting 1st Avenue
|
Each period of two-hour consecutive hours during which any motor vehicle is parked in the prohibited areas during any day shall constitute a separate and distinct violation of this section. All areas designated for two-hour parking shall be properly posted with appropriate signs by the City Manager.
(Code 1958, 19.51; Ord. No. 2841, 1, 6-13-78; Ord. No. 3620, 1, 8-9-83; Ord. No. 3743, 1, 5-28-85; Ord. No. 3732, 1, 3-12-85; Ord. No. 3877, 1, 11-25-86; Ord. No. 3963, 1, 1-10-87; Ord. No. 5109, 1, 4-10-90; Code 1980, 22-137; Ord. No. 5284, 7-23-91; Ord. No. 6315, 9-9-97; Ord. No. 6530, 5-11-99; Ord. No. 7370, 8-28-2007)
8-914 TWO-HOUR PARKING; COURTESY PARKING TICKETS.
During each calendar year, commencing January 1 and terminating December 31, all registered owners of vehicles found in violation of the two-hour parking limits established by Section 8-913 will receive a courtesy ticket for their first violation of the two-hour parking restrictions for that year. A copy of the courtesy citation ticket shall be placed on the violator’s vehicle at the time of violation. Every person who violates the two-hour parking provisions of Section 8-913 two (2) or more times during the calendar year shall be issued an official parking citation for the second and each subsequent violation and shall be subject to the penalties as provided by Section 8-1206 of this Code. Violations for which official parking citations are issued shall be cumulative from year to year.
(Ord. No. 3977, 1, 12-22-87; Code 1980, 22-137.1; Ord. No. 6914, 9-24-2002)
8-915 PROHIBITED BETWEEN 2:00 A.M. AND 5:00 A.M. DURING SNOW EMERGENCY.
It shall be unlawful for any person to park any vehicle between the hours of 2:00 a.m. and 5:00 a.m. on any of the following streets or portions of streets or parking lots during a snow emergency period when the City Manager has, by declaration, prohibited parking on said streets in accordance with Section 9-1218 of this Code.
|
STREET |
EXTENT
|
|
Central Avenue |
From 15th Street to 26th Street
|
|
Railroad Street |
From 2nd Avenue to Avenue B
|
|
Avenue A |
From Railroad Street to 26th Street
|
|
1st Avenue |
From Railroad Street to 26th Street
|
|
21st Street |
From 2nd Avenue to Avenue B
|
|
22nd Street |
From 2nd Avenue to Avenue A
|
|
23rd Street |
From 2nd Avenue to Avenue A
|
|
24th Street |
From 2nd Avenue to Avenue A
|
|
Parking lot |
South of 21st Street at 2nd Avenue
|
|
Parking lot |
At Avenue A and 21st Street
|
(Code 1958, 19.50; Code 1980, 22-138; Ord. No. 5326, 11-12-91)
8-915.1 DECLARATION OF SNOW EMERGENCY.
Whenever there is sufficient snow fall to constitute a public hazard, impairing transportation and jeopardizing the welfare and safety of the citizens of the City, the City Manager or his/her designated representative may declare a snow emergency to exist and may prohibit the parking and stopping of vehicles in such streets or districts as he/she may designate, and he/she may put into effect a parking prohibition on parts of or on all streets by declaring that parking be prohibited on one side of the street, designating either the odd or even address numbered side, at his/her discretion. The City Manager or his/her designated representative may use either alternative, or a combination of both, which shall be for the purpose of enabling the City Transportation Department to expeditiously remove the snow from the streets.
The parking, stopping or allowing to remain standing of any vehicle in any streets or districts in which parking is prohibited during the period of time set forth in such declaration shall constitute a violation of this section, punishable as a traffic infraction in accordance with Section 1-112 of the City Code, subject to a minimum fine of Fifty Dollars ($50.00). In addition to any penalty assessed for the violation of this section, any vehicle parked or left standing in violation of this section, or the provisions of any declaration adopted pursuant thereto, may be impounded as provided in Article 11, Chapter 8 of this Code.
(Ord. No. 6724, 11-28-2000)
8-915.2 SNOW EMERGENCY ROUTES.
It shall be unlawful for any person to park any vehicle on any of the following streets or portions of streets during a snow emergency period when the City Manager or his/her designated representative, has, by declaration, prohibited parking on said streets.
|
STREET
|
EXTENT |
|
11th Street
|
From 30th Avenue to Avenue M |
|
16th Street
|
From 17th Avenue to Avenue M |
|
25th Street
|
From East City limits to West City limits |
|
29th Street
|
From 2nd Avenue to Lakeview Drive |
|
31st Street
|
From 2nd Avenue to Avenue N |
|
33rd Street
|
From 2nd Avenue to 6th Avenue |
|
35th Street
|
From 6th Avenue to 30th Avenue |
|
39th Street
|
From 30th Avenue to Antelope Avenue |
|
45th Street
|
From Avenue N to Avenue R |
|
48th Street
|
From 6th Avenue to Avenue N |
|
56th Street
|
From West City limits to East City limits |
|
2nd Avenue
|
From North City limits to South City limits |
|
5th Avenue
|
From 11th Street to 33rd Street |
|
6th Avenue
|
From 33rd Street to 48th Street |
|
17th Avenue
|
From 35th Street to North City limits |
|
30th Avenue
|
From 11th Street to North City limits |
|
Avenue A
|
From 31st Street to 39th Street |
|
Avenue E
|
From 22nd Street to 56th Street |
|
Avenue H
|
From 11th Street to 22nd Street |
|
Avenue I
|
From 25th Street to 39th Street |
|
Avenue M
|
From 11th Street to 27th Street and Avenue N |
|
Avenue N
|
From 25th Street to North City limits |
|
Avenue R
|
From 39th Street to 45th Street |
|
Antelope Avenue
|
From Highway 30 to 39th Street |
|
Country Club Lane
|
From 24th Street to 35th Street |
|
Country Club Lane
|
From 39th Street to North City limits |
|
Grand Avenue
|
From 25th Street to Antelope Avenue |
|
Lakeview Drive
|
From 29th Street to 35th Street |
|
North Railroad Street
|
From Avenue N to 30th Avenue |
|
South Railroad Street
|
From Central Avenue to Avenue M |
|
Plaza Boulevard
|
From Railroad Street to 24th Street |
|
University Drive
|
From Lakeview Drive to 24th Street |
The City Engineer shall place appropriate signs, marks, lines, signals or other traffic control devices indicating the existence of such snow emergency routes. The designation of any street, highway or portion thereof as a snow emergency route shall in no way affect any previous designation of that street or highway as an arterial or other road designation. A map of the City showing which streets or roads are currently designated as snow emergency routes shall be kept and maintained in the Office of the City Engineer available for public inspection.
The parking, stopping or allowing to remain standing of any vehicle in any street or district in which parking is prohibited during the period of time set forth in such declaration shall constitute a violation of this section, punishable as a traffic infraction in accordance with Section 1-113 of the City Code. In addition to any penalty assessed for the violation of this section, any vehicle parked or left standing in violation of this section, or the provisions of any declaration adopted pursuant thereto, may be impounded as provided in Article 11, Chapter 8 of this Code.
(Ord. No. 6724, 11-28-2000; Ord. No. 6755, 12-26-2000; Ord. No. 6838, 10-23-2001; Ord. No. 7230, 12-27-2005; Ord. No. 7290, 8-22-2006)
8-915.3 PARKING PROHIBITED BETWEEN 12:00 A.M. AND 6:00 A.M.
It shall be unlawful for any person to park any vehicle between the hours of 12:00 a.m. and 6:00 a.m. on any of the following streets or portions of streets or public parking areas:
|
STREET
|
EXTENT |
|
Parking lot
|
South of 25th Street between Central Avenue and Avenue A (north of MONA) |
(Ord. No. 6555, 7-27-99; Ord. No. 6724, 11-28-2000)
On the following streets or portions of streets, vehicles shall be parked at the curb on an angle of forty-five (45) degrees with the curbline, and entered in the direction in which the traffic is permitted to travel:
|
STREET
|
EXTENT |
|
Central Avenue
|
From 26th Street to 15th Street |
|
West Side of Central Avenue
|
From 15th Street to 14th Street |
|
Avenue A
|
From 26th Street to Railroad Street |
|
1st Avenue
|
From 26th Street to Railroad Street |
|
South Side of 26th Street
|
From 7th Avenue to 9th Avenue |
(Code 1958, 19.40; Code 1980, 22-139; Ord. No. 7363, 7-24-2007; Ord. No. 7558, 11-24-2009)
8-917 PROHIBITED IN EXCESS OF EIGHT HOURS.
It shall be unlawful for any person to park any vehicle on any of the following streets or portions of streets and public parking areas for a period of time in excess of eight (8) consecutive hours:
|
STREET
|
EXTENT |
|
1st Avenue
|
From 25th Street to 24th Street |
|
1st Avenue
|
East side, between 23rd Street and 24th Street |
|
1st Avenue
|
West side, from two (2) hour parking lot south to Railroad Street |
|
1st Avenue
|
West side, from 23rd Street to 22nd Street |
|
1st Avenue
|
West side, from 21st Street to 22nd Street except for the north one hundred fifty (150) feet |
|
Avenue A |
West side, from the entrance of the parking lot located between 22nd Street and 23rd Street, south to a point one hundred (100) feet south of the intersection of 22nd Street and Avenue A
|
|
Avenue A
|
East side, from 23rd Street to 22nd Street |
|
Avenue A
|
West side, from 23rd Street to 22nd Street |
|
Avenue B
|
From 25th Street to Railroad Street |
|
24th Street
|
From 2nd Avenue to the alley east of 2nd Avenue |
|
24th Street
|
From 1st Avenue to Avenue A |
|
24th Street
|
South side, from Avenue A to Avenue B |
|
24th Street
|
North side, from Avenue B to the alley west of Avenue B |
|
23rd Street
|
South side, from Central Avenue A to Avenue B |
|
23rd Street
|
From 2nd Avenue to 1st Avenue |
|
23rd Street
|
North side, from Avenue A to Avenue B |
|
22nd Street
|
From Avenue A to Avenue B |
|
21st Street
|
From 2nd Avenue to 1st Avenue |
|
Railroad Street
|
From Avenue A to Avenue B |
|
Parking lot |
Directly east of 2nd Avenue and west of the alley between 21st Street and Railroad Street
|
|
Parking lot
|
Located on Avenue A between 22nd Street and 23rd Street north of City Hall |
|
Parking lot
|
Located on the southeast corner of 22nd Street and Avenue A intersection |
|
Parking lot
|
Located on the northeast corner of 21st Street and Avenue A intersection |
|
Parking lot |
Located west of Avenue B and east of the alley between 21st Street and 22nd Street
|
|
Parking lot
|
Located south of Railroad Street between Central Avenue and 1st Avenue |
|
Parking lot
|
Located south of Railroad Street between Central Avenue and Avenue A |
|
Parking lot
|
Located south of 25th Street between Central Avenue and Avenue A |
|
Parking lot
|
Located between 23rd Street and 24th Street abutting 1st Avenue |
Each period of eight (8) consecutive hours during which any motor vehicle is parked in the prohibited areas during any day shall constitute a separate and distinct violation of this section. All areas designated for eight-hour parking shall be properly posted with appropriate signs by the City Manager.
(Ord. No. 3964, 1, 11-10-87; Code 1980, 22-139.1; Ord. No. 5283, 7-23-91; Ord. No. 6315, 9-9-97; Ord. No. 6481, 10-27-98; Ord. No. 6530, 5-11-99; Ord. No. 7370, 8-28-2007)
8-918 FORTY-EIGHT HOUR PARKING PROHIBITED.
It shall be unlawful for any person to park any vehicle or to permit any vehicle to stand on one (1) side of the street within a block for a period longer then forty-eight (48) hours in the City.
(Ord. No. 5058, 8, 9-26-89; Code 1980, 22-139.2)
It shall be unlawful for any person to park recreational vehicles, such as boats, boat trailers, camping trailers, hauling trailers, etc., on the public street for a period in excess of twenty-four (24) hours or for any other period of time in excess of permitted or authorized parking as specified by a posted sign and only for the purposes of loading and unloading.
(Ord. No. 5058, 7, 9-26-89; Code 1980, 22-144; Ord. No. 7438, 6-10-2008)
8-920 VEHICLES BACKED TO CURB.
No vehicle shall remain backed to the curb except when it is actually loading or unloading and in no case longer than the actual time required. If the vehicle is horse-drawn, the horses shall be turned at right angles to the vehicles and in the direction in which traffic on that side of the street is moving.
(Code 1958, 19.47; Code 1980, 22-140)
8-921 PARKING FOR PURPOSES OF LOADING AND UNLOADING GENERALLY.
A. No person shall operate a motor truck upon that part of Central Avenue which lies between the north side of Railroad Street and the south side of Twenty-Fifth (25th) Street in the City, for more than one (1) block consecutively and then only for the purpose of loading or unloading in the block traversed; provided, that this section shall not be construed as preventing the crossing of Central Avenue at any street intersection; provided, further, that this section shall not be construed to interfere with any duly authorized parade.
B. No person shall park any oil truck within the limits of any street for a period of time longer than is reasonably necessary to load or unload the same and in no event for a space of time longer than one (1) hour at any one time.
C. It shall be unlawful for any person to transfer the contents of one (1) truck to another while such trucks are parked in any street, except in case of breakdown or other emergency.
D. No vehicle made or used for the transportation of freight, produce or other bulk shall be parked upon that part of Central Avenue lying between the north boundary of Sixteenth (16th) Street and the south boundary of Twenty-Sixth (26th) Street excepting it is for the purpose of loading or unloading. Such vehicle may park at the curb for the actual length of time required to load or unload, and the person in charge of the work shall proceed with the work diligently and without delay and so far as practicable freight or other commodities shall be unloaded from the right side and not from the end of such vehicle, and such vehicle shall be drawn in close to and parallel with the curb for such purpose.
(Code 1958, 19.39; Code 1980, 22-141)
8-922 SPECIFIC PARKING FOR LOADING PURPOSES ON 22ND STREET.
Trucks or vehicles may park next to the curb on that portion of the North side of 22nd Street between Central Avenue and 1st Avenue from the East line of the alley East for a distance of thirty-six (36) feet for the purpose of loading or unloading freight or other commodities, subject to the following conditions:
A. Signs shall be placed at each end of the zone to identify the area between the signs as a loading zone;
B. Yellow paint shall be removed from the curb area adjacent;
C. The zone shall be open and accessible to use by the entire public for purposes of loading and unloading freight or other commodities; and
D. No operator shall park a truck or vehicle in said loading zone for a period in excess of twenty (20) continuous minutes.
(Ord. No. 5691, 2-8-94)
No motor truck or commercial vehicle shall be permitted to park upon Twenty-Fifth (25th) Street between Central Avenue and “A” Avenue.
(Code 1958, 19.40; Code 1980, 22-142)
Cross Reference—Driving trucks on certain streets prohibited, 8-316
8-924 TRUCKS IN RESIDENTIAL DISTRICTS.
It shall be unlawful for any person to park a truck, trailer or semitrailer, except a truck, trailer or semitrailer being used for the purpose of delivering or collecting goods, wares, merchandise or materials, on any street adjacent to property classified by the ordinances of the City for residence purposes for a period of time longer than is necessary for the expeditious delivery or collection of goods, wares, merchandise or materials, and in no event for a period of time exceeding two (2) hours; provided, however, that the provisions of this section shall not apply to trucks or trailers being used in connection with building repair, service or moving operations.
(Code 1958, 19.39-1; Code 1980, 22-143)
Cross Reference—Driving trucks on certain streets prohibited, 8-316
8-925 LOADING ZONES; PERMIT REQUIRED.
It shall be unlawful for any person or persons, firm, corporation or association to use any space on the surface of any street, within the corporate limits of the City of Kearney, for a truck loading zone, a passenger loading zone, a freight loading zone, or taxicab stand, as defined in this title, thereby rendering the street or sidewalk space so used unavailable for the parking of vehicles or the movement of vehicles or pedestrians, without first obtaining a permit in accordance with the terms and conditions hereinafter stated.
(Ord. No. 3322, 1, 2-24-81; Code 1980, 22-157)
8-926 LOADING ZONES; APPLICATION.
Applications for permits provided for in this division shall be made to the City Manager or officers designated by him/her. No permit shall be issued except to public conveyance concerns which wish to use such space for loading and unloading passengers, or to the leaseholders, tenants or record owners of the land adjacent to the space sought to be used for the purposes herein stated. Once a permit has been issued it may be renewed upon proof of the payment of the annual permit fee as provided for herein, unless such permit has been revoked, canceled, or suspended.
(Ord. No. 3322, 2, 2-24-81; Code 1980, 22-157.1)
For the purpose of defraying the cost to the City for regulating, marking and maintaining the use or privilege of a truck loading zone, passenger loading zone, freight loading zone or a taxicab stand along, or upon the surface of any street or sidewalk, there is hereby imposed an annual fee per space as set forth in the City of Kearney Comprehensive Fee Schedule. Prior to the issuance of any permit provided for herein, such permit fee must be paid to the City of Kearney.
(Ord. No. 3322, 3, 2-24-81; Code 1980, 22-157.2; Ord. No. 7358, 6-12-2007 effective October 1, 2007)
8-928 LOADING ZONES; COLOR CODE FOR MARKING ZONES.
Each truck loading zone, passenger loading zone, freight loading zone or taxicab stand shall be marked by appropriate sign and/or painted curb in compliance with the following color code:
A. For truck loading zone and freight loading zone, the curb color shall be green;
B. For passenger loading zone and taxicab stand, the curb color shall be white.
(Ord. No. 3322, 4, 2-24-81; Code 1980, 22-158)
8-929 LOADING ZONES; CITY’S RIGHT TO REFUSE PERMIT APPLICATION.
The application for the issuance of a permit under this division shall not be construed to vest any rights thereto in the applicant, or limit the right of the City of Kearney, by and through its City Manager, to refuse said applicant. The City of Kearney by and through its City Manager or designated representative reserves the right to refuse an application when the issuance of such permit would create a traffic hazard or not be beneficial to the public welfare.
(Ord. No. 3322, 5, 2-24-81; Code 1980, 22-158.1)
8-930 LOADING ZONES; CANCELLATION OF PERMIT.
The City of Kearney reserves the right, by and through its City Manager or designated representative, to cancel any permit at any time. When any permit has been canceled, surrendered, or terminated, the permit holder shall be responsible for the costs necessary to replace the street, including curbing or sidewalk, in the same condition it was prior to the issuance of such permit.
(Ord. No. 3322, 6, 2-24-81; Code 1980, 22-159)
8-931 LOADING ZONES; PERMITTED ZONES USED ONLY FOR STATED PURPOSE.
Compliance with the provisions of this division shall not give the person complying therewith any greater, different, or additional rights or privileges than are provided by the ordinances of the City of Kearney, or rules and regulations thereunder relating to truck loading zones, passenger loading zones, freight loading zones, parking limit zones, or taxicab stands. Such zones, as defined and enumerated herein, shall not be used by the permit holder for parking unattended motor vehicles. Such zones are available only for the purposes stated herein and only for the reasonable time required to accomplish such purposes.
(Ord. No. 3322, 7, 2-24-81; Code 1980, 22-159.1)
8-932 LOADING ZONES; TIME LIMIT FOR USE OF PASSENGER ZONE.
No person shall stop, stand or park a vehicle for any purpose or period of time other than for the expeditious loading or unloading of passengers in any place marked as a passenger loading zone during hours when the regulations applicable to such loading zone are effective, and then only for a period not to exceed five (5) minutes.
(Ord. No. 3322, 8, 2-24-81; Code 1980, 22-160)
8-933 LOADING ZONES; LIMITATIONS ON USE OF FREIGHT ZONE.
No person shall stop, stand or park a vehicle for any purpose or length of time other than for the expeditious unloading and delivery or pickup and loading of materials in any place marked as a freight loading zone during hours when the provisions applicable to such zones are in effect. In no case shall the stop for loading and unloading of materials exceed thirty (30) minutes.
(Ord. No. 3322, 9, 2-24-81; Code 1980, 22-160.1)
8-934 LOADING ZONES; TRUCK ZONE LIMITATIONS.
No person shall stand, stop or park any vehicle except a truck or a trailer in a place marked as a truck loading zone. No person shall stop, stand or park a trailer or a truck for any purpose or length of time other than for the expeditious unloading and delivery or pickup and loading of materials in any place marked as truck loading zone during hours when the provisions applicable to such zones are in effect. In no case shall the stop for loading and unloading of materials exceed thirty (30) minutes.
(Ord. No. 3322, 10, 2-24-81; Code 1980, 22-160.2)
8-935 LOADING ZONES; TAXICABS TO BE PARKED ONLY IN STANDS.
The operator of a taxicab shall not stand or park such vehicle upon any street at any place other than in a taxicab stand so designated as provided herein. This provision shall not prevent the operator of a taxicab from temporarily stopping in accordance with other stopping or parking regulations at any place for the purpose of and while actually engaged in the expeditious loading or unloading of passengers.
(Ord. No. 3322, 11, 2-24-81; Code 1980, 22-161)
8-936 LOADING ZONES; USE OF TAXI STAND BY OTHER THAN CAB DRIVER.
No person shall stop, stand or park a vehicle other than a taxicab in a taxicab stand when any such stop or stand has been officially designated and appropriately signed, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any taxicab waiting to enter or about to enter such zone. (Ord. No. 3322, 12, 2-24-81; Code 1980, 22-161.1)
8-937 LOADING ZONES; MARKING OF ZONES BY OTHER THAN CITY PROHIBITED.
It shall be unlawful for any person to paint the curb of any street or in any manner set aside or attempt to prevent or regulate the parking of vehicles in any street or part thereof. The marking or designating of portions of streets or alleys where parking of vehicles is prohibited or limited shall be done only by the City through its proper officers.
(Ord. No. 3322, 13, 2-24-81; Code 1980, 22-162)
(Ord. No. 6049, 12-12-95)
8-939 VIOLATIONS BUREAU; DESIGNATION.
The Police Department is hereby designated as the Violations Bureau for the City.
(Code 1958, 19.52; Code 1980, 22-151; Ord. No. 6050, 12-12-95; transferred from Code 1994, 8-1202)
8-940 VIOLATIONS BUREAU; DUTY OF OFFICERS GENERALLY.
It shall be the duty of the police officers of the City to accept penalties and fees herein designated and to represent such violators as are permitted and desire to plead guilty in accordance with the proceedings set forth.
(Code 1958, 19.52; Code 1980, 22-152; Ord. No. 6050, 12-12-95; transferred from Code 1994, 8-1203)
8-941 VIOLATIONS BUREAU; NOTIFICATION OF VIOLATORS.
Violators of this Article shall be given notice in the form of an official police tag attached to the offending motor vehicle, which notice shall require such violators to appear forthwith at the Police Department. Such official police tag shall contain a statement that a complaint and warrant of arrest shall be issued to the owner of the motor vehicle to which the notice was affixed if such notice of violation is disregarded for a period of fifteen (15) days.
(Code 1958, 19.53; Code 1980, 22-153; Ord. No. 6050, 12-12-95; transferred from Code 1994, 8-1204)
8-942 VIOLATIONS BUREAU; PRESUMPTION OF VIOLATION.
If any vehicle is found upon any street or alley in violation of any of the provisions of this Article, and the identity of the driver cannot be determined, the owner or person in whose name such vehicle is registered shall be held prima facie responsible for such violation. (Code 1980, 22-154; Ord. No. 6050, 12-12-95; transferred from Code 1994, 8-1205)
8-943 VIOLATIONS BUREAU; PENALTIES AND FEES.
Any violator of the provisions of Sections 8-901 through 8-937 of Article 9, Chapter 8, appearing at the Police Department and desiring to waive court appearance shall present the official police tag and pay the Police Department according to the City of Kearney Comprehensive Fee Schedule.
The first three dollars ($3.00) of the initial fine paid shall be assessed as a fee covering costs of administration. In the event that such violators fail to appear in response to such notice and pay the prescribed fine within fifteen (15) days, such violators or the owners of vehicles used to commit the offense shall be deemed guilty of a failure to appear, punishable as an infraction and shall be prosecuted and punished in accordance with the provisions of this Code. The Police Department may issue a citation or may cause a complaint and warrant to be filed against such persons who fail to comply with the procedures set forth in this division.
(Code 1958, 19.54; Ord. No. 2841, 3, 6-13-78; Ord. No. 3976, 1, 12-22-87; Ord. No. 5058, 9, 9-26-89; Code 1980, 22-155; Ord. No. 6050, 12-12-95; transferred from Code 1994, 8-1206; Ord. No. 7358, 6-12-2007 effective October 1, 2007)
8-944 VIOLATIONS BUREAU; RECORD OF VIOLATIONS; DISPOSITION OF PENALTIES AND FEES COLLECTED.
The Police Department shall make a record of all violators of this Article showing name of each violator, the time and date of each violation, the disposition of the case and the penalty and fees assessed. Such record shall be kept for a period of at least two (2) years. All money collected by the Police Department under this division shall be paid to the Director of Finance and Administration.
(Code 1958, 19.55; Code 1980, 22-156; Ord. No. 6050, 12-12-95; transferred from Code 1994, 8-1207)
ARTICLE 10. STORAGE OF UNLICENSED MOTOR VEHICLES ON PRIVATE PREMISES
8-1001 DEEMED NUISANCE; EXCEPTION.
It is hereby expressly found and determined that the practice of permitting unlicensed motor vehicles, motor vehicle bodies and motor vehicle chassis or parts therefrom to be stored or accumulated on private premises is unsightly and unhealthy and constitutes a nuisance to the citizens and residents of this City; provided, the storage or accumulation of such motor vehicles, motor vehicle bodies and motor vehicle chassis or parts therefrom in completely enclosed buildings shall not be considered a nuisance.
(Code 1958, 19.64; Code 1980, 22-164)
It shall be unlawful for any person in charge or control of any property within the City, whether as owner, tenant, occupant, lessee or otherwise, to allow, cause or permit any non-operating, wrecked, junked or partially dismantled vehicle, including motor vehicle bodies, motor vehicle chassis or parts therefrom, to be stored, placed, kept, retained or accumulated on such property longer than fifteen (15) days; provided that this section shall not apply to any such motor vehicle, motor vehicle body or chassis or parts therefrom that are kept or stored in a completely enclosed building, a vehicle on the premises of a business enterprise operated in a lawful place and manner when necessary to the lawful operation of such business enterprise or a vehicle in an appropriate storage place or depository maintained in a lawful place or manner.
(Code 1958, 19.65; Ord. No. 5058, 11, 9-26-89; Code 1980, 22-165)
8-1003 INAPPLICABILITY OF ARTICLE TO CERTAIN PREMISES.
This Article shall not apply to the premises for which permit has been granted to a junk dealer under the provisions of Chapter 3, Article 17, nor shall it apply to the premises where a licensed motor vehicle or a farm implement dealer conducts his/her business.
(Code 1958, 19.66; Code 1980, 22-166)
8-1004 PENALTY FOR VIOLATIONS OF THIS ARTICLE.
Any person violating any of the provisions of this Article shall be deemed guilty of an infraction and, upon conviction thereof, shall be fined in accordance with the provisions of this Code. Each day any such violation shall occur or continue shall constitute and be deemed a separate offense. Any person charged with the commission of an infraction which was committed more than two (2) years after such person’s last conviction for the same infraction shall be charged as though the most recent infraction were a first offense.
(Code 1958, 19.67; Ord. No. 5058, 12, 9-26-89; Code 1980, 22-167)
ARTICLE 11. TOWING AND IMPOUNDMENT OF VEHICLES
A. Impoundment. For purposes of this Article, the term “impoundment” shall mean removal of a vehicle to a storage facility, either by an officer or authorized agent or agents of the City Police Department, or by a contractor for towing and storage, in response to a request from an officer or authorized agent of the Kearney Police Department.
B. Vehicle. For the purposes of this Article, the term “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.
(Ord. No. 3991, §1(1), (2), 3-8-88; Code 1980, 22-172)
It shall be the duty of the Police Department to remove and impound all vehicles found upon the streets, alleys, and public areas and ways in the City in those circumstances and situations defined hereinafter in accordance with the procedures and notice requirements provided herein.
(Ord. No. 3991, 1(3), 3-8-88; Code 1980, 22-173)
8-1103 IMPOUNDMENT; WITHOUT PRIOR NOTICE.
A vehicle may be impounded with or without citation and without giving prior notice to its owner or the person entitled to possession as required by section 8-1108 only under the following circumstances:
A. When the vehicle is impeding or is likely to impede the normal flow of vehicular or pedestrian traffic; or
B. When the vehicle is illegally parked in a zone designated “truck,” “bus,” “loading,” “hooded-meter,” “taxi,” or other similar zones where, by order of the Council, parking is limited to certain classes of vehicles or is prohibited during certain hours, on designated days or at all times, and where such vehicle is interfering with the proper and intended use of such zones; or
C. When the vehicle poses an immediate danger to the public safety; or
D. When a police officer has probable cause to believe that the vehicle is stolen; or
E. When a police officer has probable cause to believe that the vehicle constitutes evidence of a crime or contains evidence of a crime if impoundment is reasonably necessary in such instance to obtain or preserve such evidence; or
F. There is a public emergency requiring removal of the vehicle; or
G. The motor vehicle has accumulated five (5) unpaid parking citations, and the Police Department has sent the registered owner of the vehicle notice of the fifth (5th) unpaid ticket by registered or certified mail; or
H. Whenever any police officer shall find a vehicle standing unattended upon a street or highway in violation of any of the provisions of Neb. Rev. Stat. §60-601 to 60-6,374 or any City ordinance.
Nothing in this section shall be construed to authorize seizure of a vehicle without a warrant where a warrant would otherwise be required.
(Ord. No. 3991, 1(4), 3-8-88; Code 1980, 22-174; Ord. No. 6084, 2-27-96; Ord. No. 6223, 1-28-97)
8-1104 IMPOUNDMENT; WITH NOTICE.
A vehicle not subject to impoundment without prior notice under the terms of section 8-1103 may be impounded after a notice of such proposed impoundment has been securely attached to and conspicuously displayed on the vehicle for a period of ninety-six (96) hours prior to such impoundment, and notice of the proposed impoundment, the form of which shall be promulgated by the City Manager, including procedure for redemption, and opportunity for hearing to contest the propriety of the proposed impoundment as provided in section 8-1109 hereinafter, has been mailed by certified or registered mail to the last-known address of the registered owner of the vehicle as may be disclosed by the vehicle license number if such is obtainable, and to any other person who claims the right to possession of the vehicle if such a claim is known to the Police Department, for the following reasons:
A. When such vehicle is parked and/or used in violation of any law, ordinance or regulation; or
B. When such vehicle is abandoned, as that term is defined by this Code, subsections 8-502(A) through (D) inclusive; or
C. When such vehicle is so mechanically defective as to be unsafe for operation; provided, however, that this section shall not be construed to prevent the operation of any such defective vehicle to a place for correction of equipment defect in the manner directed by any police officer.
(Ord. No. 3991, 1(5), 3-8-88; Code 1980, 22-175)
Removal of the warning notice provided for by section 8-1104 herein from a vehicle without first having moved the vehicle to a legally permitted location shall constitute an infraction. (Ord. No. 3991, 1(6), 3-8-88; Ord. No. 5058, 13, 9-26-89; Code 1980, 22-176)
8-1106 HOW IMPOUNDMENT TO BE EFFECTED.
When impoundment is authorized by this Chapter, a vehicle may be impounded either by an officer or authorized agent of the Police Department or by a contractor for towing and storage acting at the request of an office or authorized agent of the Police Department.
(Ord. No. 3991, 1(7), 3-8-88; Code 1980, 22-177)
A. The City may contract the services of one (1) or more competent towing service firms for the removal of motor vehicles taken into the custody of the City for impoundment under any provision of this Code. Said contract shall provide for a schedule of maximum charges for towing of such motor vehicles, which charges shall be assessed to the City.
B. A towing service company who, at the request of the City, takes a vehicle into custody shall submit their charges for the service for the just and reasonable costs of towing to the City. The Police Department may retain possession of the vehicle until all charges, including towing fees, storage fees, administrative fees, and any additional costs are paid, and may cause the vehicle to be sold at public auction pursuant to section 8-1114 herein.
(Ord. No. 3991, 1(8), 3-8-88; Code 1980, 22-178)
8-1108 NOTICE TO OWNER THAT VEHICLE HAS BEEN IMPOUNDED.
A. If any motor vehicle is impounded by the City, the Chief of Police shall make reasonable efforts to ascertain the names and addresses of the registered owner and legal owner if any, and/or the person(s) entitled to possession.
B. If the names and addresses of such owners or persons entitled to possession can be ascertained, except as to vehicles mentioned in subsection (D) of this section, the Chief of Police shall, except for those given notice prior to towing in accordance with section 8-1105 hereof, cause notice to be mailed within twenty-four (24) hours, holidays and Sundays excluded, of the date of recovery forthwith, by certified mail, return receipt requested, addressed to the registered owner of the vehicle, or person legally entitled to possession. Such notice shall include the following information: the location where the vehicle may be redeemed by the owner or person entitled to possession, upon satisfactory proof of ownership or right to possession; the amount of any fines, towing fees, storage fees, and costs or administrative fees which must be paid or posted pursuant to this Code; the date after which the vehicle will be subject to public sale; and, that a hearing on the validity of the tow and on the amount of costs and fees may be had if requested within five (5) days of receipt of the notice.
C. Actual notice of a tow may be given personally to the owner or person entitled to possession. Such actual notice must include all information required under subsection (B) of this section. Actual notice may be used in lieu of the mailed notice required by subsection (B).
D. With respect to vehicles which have been taken as evidence, or are recovered after having been stolen, the notice set forth in subsection (B) of this section shall be given within twenty-four (24) hours of the date of recovery, or of release by the prosecuting attorney if the vehicle is held for evidence.
E. The form of the notice provided for by this section shall be promulgated by the City Manager. (Ord. No. 3991, 1(9), 3-8-88; Code 1980, 22-179)
A. Upon written request of the legal owner or the person entitled to possession of the vehicle being delivered to the Kearney Police Department, a hearing shall be held before the Buffalo County Court or an independent hearing officer to be appointed by the City Manager.
B. The hearing shall be set and conducted within two (2) regular court days of receipt of the request, holidays, Saturdays, and Sundays not included. The hearing can be set for a later date if the owner or person entitled to possession so requests. At the hearing, the owner may contest:
1. The validity of the action of the Police Department in taking the vehicle into custody; and,
2. The amount of the towing and storage fees and administrative costs charged for the impoundment.
C. At any time prior to the requested hearing, the owner or the person entitled to possession of the vehicle may regain possession of the impounded vehicle by posting with the City security in the form of cash in an amount sufficient to cover costs of towing, storage and any fines or administrative costs owed.
D. If the judge or hearing officer finds that:
1. The action of the City in impounding the vehicle was proper, the judge or hearing officer shall enter an order supporting the removal and impoundment.
2. The action of the City in impounding the vehicle was invalid, the judge or hearing officer shall:
(a) Order the vehicle released to the owner;
(b) Find that the owner is not liable for any towing, storage, or other charges occasioned by the taking; and
(c) If the person requesting the hearing does not appear at the scheduled hearing, the judge or hearing officer may enter an order supporting the impoundment and assessment of towing, storage, and administrative costs, and apply any security posted against such costs.
(Ord. No. 3991, 1(10), 3-8-88; Code 1980, 22-180)
8-1110 REDEMPTION OF IMPOUNDED VEHICLE; IN GENERAL.
The legal owner, registered owner or person entitled to possession of an impounded vehicle my reclaim such vehicle any time after it is taken into custody, and before it is sold, upon presentation of satisfactory proof of ownership or right to possession to the Chief of Police, and payment of towing and storage charges, including administrative fees and costs, or posting of security required under this Article. (Ord. No. 3991, 1(11), 3-8-88; Code 1980, 22-181)
8-1111 REDEMPTION OF IMPOUNDED VEHICLE; FEES.
Any person entitled to redeem an impounded vehicle shall pay to the Police Department the actual cost of towing the vehicle, the cost of storage, and an administrative fee thereof, before the vehicle is released, as set forth in the City of Kearney Comprehensive Fee Schedule.
(Ord. No. 3991, 1(14), 3-8-88; Code 1980, 22-182; Ord. No. 7358, 6-12-2007 effective October 1, 2007)
8-1112 REDEMPTION OF IMPOUNDED VEHICLE; EXEMPTION FROM FEES.
A. No impoundment fee, storage fee, and/or towing or other costs shall be assessed against the owner of the vehicle when the vehicle is impounded by order of the Police Department, and not by direction of the vehicle owner, and verified as stolen by the Police Department, when:
1. Substantial evidence of theft exists, as determined by the recovering officer; or,
2. The vehicle was reported as stolen before it was impounded, and there is no tangible evidence of negligence by an authorized user which contributed to the theft, including but not limited to, keys left on or in the vehicle; provided, that the owner or the person authorized to redeem the vehicle shall pay any applicable storage charges or costs commencing on the seventh day after impoundment for such purpose.
B. No impoundment fee, storage fee, towing charge, or other costs shall be assessed against the owner of the vehicle which is being held for investigatory purposes and which is redeemed within ninety-six (96) hours after the Police Department shall have notified the owner of the release of such vehicle; provided, such owner or person authorized to obtain possession of such impounded vehicle shall pay any charges assessed for storage or costs after said ninety-six hour period; provided further, that if the registered owner or driver authorized by the registered owner is arrested or charged with a crime in connection with the incident leading to impoundment, the owner is not exempted from towing, administrative costs or fees.
(Ord. No. 3991, 1(15), 3-8-88; Code 1980, 22-183)
Within ten (10) days of any motor vehicle coming into the custody of the City for any reason, the Chief of Police shall cause such vehicle to be appraised.
(Ord. No. 3991, 1(12), 3-8-88; Code 1980, 22-184)
Any impounded vehicle not redeemed within thirty (30) days of mailing of the notice required by section 8-1108 of this Article or ordered released by a judge or hearing officer after appeal by the owner or person entitled to possession, shall be deemed abandoned and shall be disposed of in accordance with the provisions of Article 5 of Chapter 8 of this Code.
(Ord. No. 3991, 1(13), 3-8-88; Code 1980, 22-185)
8-1115 CERTAIN VEHICLES DEEMED NUISANCE.
Automobiles illegally parked or falling within the definitions of vehicles which may be impounded without prior notice, or falling within the definitions of vehicles which may be impounded only after notice, and vehicles which are abandoned are hereby determined to constitute a menace to the safe and proper regulation of traffic and are hereby declared to constitute and to be nuisances.
(Ord. No. 3991, 1(16), 3-8-88; Code 1980, 22-186)
Cross Reference—Nuisances, Ch. 5, Art. 4
ARTICLE 12. (REPEALED AND TRANSFERRED)
(Ord. No. 6041, 11-28-95)
8-1202 Transferred to 8-939.
(Ord. No. 6050, 12-12-95)
8-1203 Transferred to 8-940.
(Ord. No. 6050, 12-12-95)
8-1204 Transferred to 8-941.
(Ord. No. 6050, 12-12-95)
8-1205 Transferred to 8-942.
(Ord. No. 6050, 12-12-95)
8-1206 Transferred to 8-943.
(Ord. No. 6050, 12-12-95)
8-1207 Transferred to 8-944.
(Ord. No. 6050, 12-12-95)
ARTICLE 13. ANIMALS GENERALLY
For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
ABANDON: To leave any animal for any length of time without making effective provision for its food, water, or other care as is reasonably necessary for the animal’s health.
ANIMAL CONTROL AUTHORITY: The animal control authority shall consist of three (3) members: The City Manager, the Chief of Police and the Animal Warden.
ANIMAL: Any live vertebrate creature, domestic or wild, including dogs.
ANIMAL SHELTER: Any premises designated by action of the City for the purposes of impounding and caring for all animals found running at large in violation of this Chapter.
ANIMAL WARDEN: The person employed by the City Manager as the animal enforcement officer.
AT LARGE: Any animal shall be deemed to be at large when it is off the property of its owner and not under control of a competent person.
CRUELLY MISTREAT: To knowingly and intentionally kill, maim, disfigure, torture, beat, mutilate, burn, scald, or otherwise set upon any animal.
CRUELLY NEGLECT: To fail to provide any animal in one’s care, whether as owner or custodian, with food, water, or other care as is reasonably necessary for the animal’s health.
DANGEROUS OR VICIOUS ANIMALS: Any wild mammal, reptile, or fowl which is not naturally tame or gentle but is of a wild nature or disposition and which, because of its size, vicious nature, or other characteristics, would constitute a danger to human life or property if not kept or maintained in a safe manner or in secure quarters; and any domestic mammal, reptile, or fowl which, because of its size, vicious propensity, or other characteristics would constitute a danger to human life or property if not kept or maintained in a safe manner or in secure quarters.
EXPOSED TO RABIES: An animal has been exposed to rabies within the meaning of this Chapter if it has been bitten by, or been exposed to, any animal known to have been infected with rabies.
HUMANE KILLING: The destruction of an animal by a method which causes the animal a minimum of pain and suffering.
KENNEL OPERATOR: Any person engaged in the commercial business of breeding, buying, selling or boarding cats or dogs.
LAW ENFORCEMENT OFFICER: Any member of the Animal Control Authority, any member of the Police Department, or any other public official authorized to enforce animal control laws, rules, regulations, or ordinances.
OWNER: Any person owning, keeping or harboring one (1) or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for three (3) consecutive days or more.
PUBLIC NUISANCE: Any animal or animals which:
A. Molests or attacks passersby or passing vehicles.
B. Attacks other animals.
C. Trespasses on school grounds.
D. Is repeatedly at large.
E. Damages private or public property.
F. Barks, whines, or howls in an excessive, continuous, or frequent manner disturbing the comfort or repose of the residents of any residential neighborhood.
RESTRAINT: Any animal secured by a leash or lead, or under the control of a responsible person and obedient to that person’s commands, or within the real property limits of its owner.
SPAYED FEMALE: Any female which has been operated upon to prevent conception.
WILD ANIMALS: Any live monkey (nonhuman, primate), raccoon, skunk, fox, poisonous snake, leopard, panther, tiger, lion, lynx, or any other warm blooded animal which can normally be found in the wild state.
(Ord. No. 2711, 1(6.1), 9-27-77; Code 1980, 7-1; Ord. No. 6314, 8-26-97)
State Law Reference—Neb. Rev. Stat. 28-1008
The provisions of this Chapter shall be enforced by the Animal Control Authority of the City and are hereby specifically made applicable to certain designated manufactured home courts and parks located in the limits of the City of Kearney as specified by resolution of the Council.
Upon the written request of the owners or operators of semi-public, but privately owned manufactured home courts within the City limits of the City of Kearney, the Council may by resolution specify the name and description of the area to which the provisions of Chapter 8 shall be applied. Such resolution shall be kept available for the public by the City Clerk and the City’s animal wardens and police officers shall be authorized and empowered to exercise all their usual powers and duties with respect to regulation and enforcement of the provisions of Chapter 8 with regard to violations committed upon the premises of the specified courts.
The owners or operators of the said manufactured home courts shall furnish to the Police Department a current and accurate copy of the rules and regulations pertaining to the operation of the mobile home courts.
(Code 1958, 6.7; Ord. No. 3348, 1, 2-24-81; Code 1980, 7-2)
8-1303 RIGHT OF ENTRY AND SEIZURE.
For the purpose of discharging the duties imposed by this Chapter and to enforce its provisions, any agent of the Animal Control Authority or any police officer, is empowered to enter upon any premises upon which an animal is kept or harbored. Any agent of the Animal Control Authority may enter the premises where any animal is kept in a reportedly cruel or inhumane manner and demand to examine such animal and to take possession of such animal, when in his/her opinion, it requires humane treatment.
(Code 1958, 6.8; Code 1980, 7-3)
8-1304 INTERFERENCE WITH ENFORCEMENT.
No person shall interfere with, hinder or molest any agent of the Animal Control Authority in the performance of any duty of such agent, or seek to release any animal in the custody of the Animal Control Authority, or its agents, except as provided in this Chapter.
(Code 1958, 6.9; Code 1980, 7-4)
A. Records of Impoundment, etc. It shall be the duty of the Animal Control Authority to keep, or cause to be kept, accurate and detailed records of the licensing, impoundment and disposition of all animals coming into its custody.
B. Records of Bite Cases. It shall be the duty of the Animal Control Authority to keep or cause to be kept, accurate and detailed records of all bite cases reported to it and its investigations of same.
C. Monetary Records and Audits. It shall be the duty of the Animal Control Authority in conjunction with the City Clerk to keep, or cause to be kept, accurate and detailed records of all moneys belonging to the City, which records shall be open to inspection at reasonable times by such persons responsible for similar records of the City and shall be audited by the City annually in the same manner as other City records are audited.
(Code 1958, 6.10; Code 1980, 7-5)
8-1306 EXEMPTIONS FROM CHAPTER.
A. Hospitals, etc. Hospitals, clinics and other premises operated by licensed veterinarians for the care and treatment of animals are exempt from the provisions of this Chapter, except where such duties are expressly stated.
B. Nonresident Dogs. The licensing requirements of this Chapter shall not apply to any dog belonging to a nonresident of the City and kept within the City for not longer than thirty (30) days; provided, that all such dogs shall at all times while in the City be kept within a building, enclosure or vehicle or be under restraint by the owner.
(Code 1958, 6.16; Code 1980, 7-6)
No owner shall fail to exercise proper care and control of his/her animals or allow them to become a public nuisance.
(Ord. No. 2711, 2(b)(6.2), 9-27-77; Code 1980, 7-7)
8-1308 CONFINEMENT OF VICIOUS, ETC., ANIMALS.
Every dangerous or vicious animal shall be confined by the owner within a building or secure enclosure and shall be securely muzzled or caged whenever off the premises of its owner.
(Ord. No. 2711, 3(6.3), 9-27-77; Code 1980, 7-8)
8-1309 HORSES, CATTLE, ETC., AT LARGE OR TETHERED.
No person owning or being in charge of any horse, goat, mule, cattle, sheep or swine shall permit the same to run at large in the City or picket, herd or pasture the same in any street, cemetery, park or public place in the City. All such animals found running at large within the City or so picketed, herded or pastured are hereby declared a nuisance and subject to be impounded as provided by this Chapter.
(Code 1958, 6.11; Code 1980, 7-9)
State Law Reference—Authority to prohibit running at large, Neb. Rev. Stat. 16-235
8-1310 HITCHING, ETC., ANIMALS NEAR TREES.
It shall be unlawful for any person within the City to hitch, tie or pasture or otherwise have any animal where it may do damage to any shade, fruit or ornamental tree along any street, or upon any lot abutting thereon in the City.
(Code 1958, 6.12; Code 1980, 7-10)
It shall be unlawful for any person to permit any domestic fowl to run at large at any time of the year within the City.
(Code 1958, 6.14; Code 1980, 7-12)
State Law Reference—Authority to prohibit running at large, Neb. Rev. Stat. 16-235
The owner of every animal shall be responsible for the immediate removal and proper disposal of any excreta deposited by his/her animal(s) on public walks, recreation areas or private property.
(Ord. No. 2711, 6(6.17), 9-27-77; Code 1980, 7-13)
8-1313 ABANDONMENT, NEGLECT, AND CRUELTY; LAW ENFORCEMENT OFFICER; POWERS; IMMUNITY.
A. Any law enforcement officer who has reason to believe that an animal has been abandoned or is being cruelly neglected or cruelly mistreated may seek a warrant authorizing entry upon private property to inspect, care for, or impound the animal.
B. Any law enforcement officer who has reason to believe that an animal has been abandoned or is being cruelly neglected or cruelly mistreated may issue a citation to the owner as prescribed by law.
C. Any law enforcement officer acting under this section shall not be liable for damage to property if such damage is not the result of the officer’s negligence.
(Code 1958, 6.13; Code 1980, 7-11)
State Law Reference—Neb. Rev. Stat. 28-1012