TITLE VII: TRAFFIC CODE

Chapter

70. TRAFFIC REGULATIONS

71. OPERATOR AND VEHICLE QUALIFICATIONS

72. PARKING

73. BICYCLES AND MOTORCYCLES

74. PROHIBITIONS AND ENFORCEMENT

75. ALL-TERRAIN VEHICLES

76. TRAFFIC SCHEDULES

77. PARKING SCHEDULES

CHAPTER 70: TRAFFIC REGULATIONS

Section

70.01 Definitions

70.02 Automatic lights and signals

70.03 Automatic signal system

70.04 Truck routes

70.05 Traffic lane; designation

70.06 Turning; U-turns

70.07 Turning; hand signals

70.08 Turning generally

70.09 Turning; cautious

70.10 Right-of-way

70.11 Overtaking vehicles

70.12 Emergency vehicles

70.13 Position of vehicle on highway generally

70.14 Street centerline

70.15 Backing

70.16 Driving in sidewalk space

70.17 Stops; mandatory

70.18 Crosswalks

70.19 Signs, signals

70.20 Stop signs

70.21 Safety belt required

70.22 Driving on shoulder of highway

70.23 Signs, traffic control devices, traffic surveillance devices; defacing or interfering with

70.24 Visibility at intersections

70.25 Skateboards and similar devices; use in certain areas prohibited

70.26 Engine brakes; definitions and prohibitions

70.99 Penalty

' 70.01 DEFINITIONS.

The words and phrases used in this chapter, pertaining to motor vehicles and traffic regulations, shall be construed as defined in Neb. RS Chapter 60, Article 6, 1943, as now existing or hereafter amended. If not defined in the designated statutes, the word or phrase shall have its common meaning. (1971 Code, ' 5-101) (Ord. 525, passed 8-8-1994) Statutory reference: Related provisions, see Neb. RS 60-606 through 60-676

' 70.02 AUTOMATIC LIGHTS AND SIGNALS.

No vehicle shall turn at any intersection where an automatic signal system is in operation, except when such signal system is displaying a green light. No vehicle shall be turned so as to proceed in the opposite direction at any intersection where an automatic signal system is in operation. (1971 Code, ' 5-201) Penalty, see ' 70.99 Statutory reference: Related provisions, see Neb. RS 60-6,119 through 60-6,121, 60-6,123

' 70.03 AUTOMATIC SIGNAL SYSTEM.

At each intersection where an automatic signal system is in operation, all vehicular and pedestrian traffic crossing such street intersection shall be governed by such automatic signal system. The display of the red signal light shall be a signal for traffic to stop outside of the street intersection. The display of the yellow signal light shall announce that traffic be at attention until green light is displayed, and the green signal light shall be a signal for traffic to promptly move forward. It shall be unlawful for any person to violate any such signal. (1971 Code, ' 5-202) Penalty, see ' 70.99 Statutory reference: Related provisions, see Neb. RS 60-6,119 through 60-6,121, 60-6,123

' 70.04 TRUCK ROUTES.

(A) The Board of Trustees may, by ordinance or resolution, prohibit the operation of vehicles upon any highway or impose restrictions as to the weight of vehicles, for a total period not to exceed 90 days in any one calendar year, when operated upon any highway under the jurisdiction of and for the maintenance of which the Board is responsible whenever any such highway by reason of deterioration, rain, snow or other climatic condition will be seriously damaged or destroyed unless the use of vehicles thereon is prohibited or the permissible weight thereof reduced. The Board shall erect or cause to be erected and maintained signs designating the provisions of the ordinance or resolution at each end of that portion of any highway affected thereby, and the ordinance or resolution shall not be effective until such signs are erected and maintained.

(B) The Board may also, by ordinance or resolution, prohibit the operation of trucks or other commercial vehicles or impose limitations as to the weight thereof on designated highways, which prohibitions and limitations shall be designated by appropriate signs placed on such highways. (Neb. RS 60-681)

' 70.05 TRAFFIC LANE; DESIGNATION.

The governing body may, by resolution, mark lanes for traffic on street pavements at such places as it may deem advisable. (1971 Code, ' 5-204) Statutory reference: Related provisions, see Neb. RS 60-680

' 70.06 TURNING; U-TURNS.

No vehicle shall be turned so as to proceed in the opposite direction, except at a street intersection. No vehicle shall be turned so as to proceed in the opposite direction at any intersection where an automatic signal is in operation. (1971 Code, ' 5-205) Penalty, see ' 70.99

' 70.07 TURNING; HAND SIGNALS.

A signal of intention to turn right or left shall be given continuously during not less than the last 100 feet traveled by the vehicle before turning. The signals herein required shall be given either by means of the hand and arm, or by a signal device of a type approved by the Department of Roads. The hand and arm signals herein required shall be given from the left side of the vehicle in the following manner: stop or decreased speed, hand and arm extended downward; left turn, hand and arm extended horizontally; right turn, hand and arm extended upward. (1971 Code, ' 5-206) Statutory reference: Related provisions, see Neb. RS 60-6,161 through 60-6,163

' 70.08 TURNING GENERALLY.

Vehicles turning to the right into an intersecting street shall approach such intersection in the lane of traffic nearest to the right-hand side of the highway and must turn the corner as near the right-hand curb as possible to keep between the curb to the right and the center of the intersection of the two streets. The driver of a vehicle intending to turn to the left shall approach such centerline of the highway, and in turning shall pass as near as possible to the center of the intersection, passing as closely as practicable to the right thereof before turning such vehicle to the left. For the purposes of this section, the CENTER OF THE INTERSECTION shall mean the meeting point of the medial lines of the highways intersecting one another. (1971 Code, ' 5-207) Statutory reference: Related provisions, see Neb. RS 60-6,159

' 70.09 TURNING; CAUTIOUS.

The operator of a vehicle shall, before stopping, turning or changing the course of such vehicle, see that there is sufficient space to make such movement in safety. If any pedestrian might be affected by such movement, the operator shall give a clearly audible signal by sounding the horn, and whenever the operation of any other vehicle may be affected by such movement, he or she shall give some unmistakable signal to the driver of all other vehicles of his intention to make such movement. (1971 Code, ' 5-208) Statutory reference: Related provisions, see Neb. RS 60-6,109, 60-6,161, 60-680

' 70.10 RIGHT-OF-WAY.

(A) When two vehicles approach, or enter an intersection at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right when the paths of such vehicles intersect and there is danger of a collision, unless otherwise directed by a municipal police officer stationed at the intersection.

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

(C) The driver of a vehicle on any street shall yield the right-of-way to a pedestrian crossing such street within any clearly marked crosswalk, or at any regular pedestrian crossing at the end of a block where the movement of traffic is being regulated by traffic officers or traffic direction devices. Every pedestrian crossing a street at any point other than a pedestrian crossing, crosswalk or intersection shall yield the right-of-way to vehicles upon the street.

(D) The driver of a vehicle emerging from or entering an alley, building, private road or driveway shall yield the right-of-way to any pedestrian approaching on any sidewalk.

(E) The driver of a vehicle entering a municipal street from a private road or drive shall yield the right-of-way to all vehicles approaching on such streets.

(F) The driver of a vehicle upon a street shall yield the right-of-way to authorized emergency vehicles when the latter are operated upon official business and the drivers thereof make proper use of visual or audible signals. (1971 Code, ' 5-209) (Ord. 526, passed 8-8-1994) Statutory reference: Related provisions, see Neb. RS 60-6,146 through 60-6,154

' 70.11 OVERTAKING VEHICLES.

The driver of a vehicle about to be overtaken and passed by another vehicle approaching from the rear shall give way to the right in favor of the overtaking vehicle. (1971 Code, ' 5-210) Statutory reference: Related provisions, see Neb. RS 60-6,133

' 70.12 EMERGENCY VEHICLES.

Upon the approach of any authorized emergency vehicle, every vehicle within one block of the route of such emergency vehicle shall immediately stop, except at the time they are on or crossing a street intersection, in which event, such vehicle shall drive clear of the street intersection and then stop. Every vehicle along the route of such emergency vehicle shall immediately move to a position as near the right hand curb as possible and remain there until such authorized emergency vehicle or vehicles have passed; provided, said vehicles are operated on official business and the drivers thereof make use of proper visual or audible signals. (1971 Code, ' 5-211) Penalty, see ' 70.99 Statutory reference: Related provisions, see Neb. RS 60-6,151

' 70.13 POSITION OF VEHICLE ON HIGHWAY GENERALLY.

Upon all highways of sufficient width, one-way streets excepted, the driver of a vehicle shall drive the same on the right half of the roadway. In passing or meeting other vehicles, drivers shall give each other at least one-half of the main traveled portion of the roadway. (1971 Code, ' 5-212) Penalty, see ' 70.99 Statutory reference: Related provisions, see Neb. RS 60-6,131

' 70.14 STREET CENTERLINE.

A vehicle shall not be driven to the left of the centerline of the highway in overtaking or passing another vehicle proceeding in the same direction, unless such left side is clearly visible and free from oncoming traffic for a sufficient distance to permit such overtaking and passing to be made in safety. (1971 Code, ' 5-213) Penalty, see ' 70.99 Statutory reference: Related provisions, see Neb. RS 60-6,136

' 70.15 BACKING.

Before backing, ample warning shall be given and while backing, unceasing vigilance must be exercised not to injure those behind. The driver of a parked vehicle about to back shall give moving vehicles the right-of-way. (1971 Code, ' 5-214) Penalty, see ' 70.99 Statutory reference: Related provisions, see Neb. RS 60-6,169, 60-680

' 70.16 DRIVING IN SIDEWALK SPACE.

No vehicle shall be driven or ridden within any sidewalk space, except a permanent or temporary driveway. (1971 Code, ' 5-215) Penalty, see ' 70.99 Statutory reference: Related provisions, see Neb. RS 60-6,178

' 70.17 STOPS; MANDATORY.

All vehicles, before crossing a sidewalk, emerging from a garage, alley, filling station or other place within the Acongested district@ shall come to a complete stop, and after giving sufficient warning, shall proceed slowly and with extreme caution while crossing such sidewalk, or leaving such garage, alley, filling station or other place. The term SLOWLY shall be construed to mean such rate of speed as is reasonable and proper under the circumstances and the condition of the street and traffic thereon. (1971 Code, ' 5-216) Statutory reference: Related provisions, see Neb. RS 60-6,149

' 70.18 CROSSWALKS.

The governing body may, by resolution, establish and maintain, by appropriate devices, markers or lines upon the street, crosswalks and intersections where there is particular danger to pedestrians crossing the street, and at such other places as they may deem necessary. (1971 Code, ' 5-217) Statutory reference: Related provisions, see Neb. RS 60-680

' 70.19 SIGNS, SIGNALS.

The governing body may, by resolution, provide for the placing of stop signs, or other signs, signals, standards or mechanical devices in any street or alley under the municipality=s jurisdiction for the purpose of regulating, or prohibiting traffic thereon. Such resolution shall describe the portion of the street or alley wherein traffic is to be regulated or prohibited; the regulation or prohibition; the location where such sign, signal, standard or mechanical device shall be placed; and the hours when such regulation or prohibition shall be effective. It shall be unlawful for any person to fail, neglect or refuse to comply with such regulation, or prohibition. (1971 Code, ' 5-218) Penalty, see ' 70.99 Statutory reference: Related provisions, see Neb. RS 60-6,119 through 60-6,121, 60-680

' 70.20 STOP SIGNS.

Every person operating any vehicle shall, upon approaching any stop sign erected in accordance with the resolution prescribed heretofore, cause such vehicle to come to a complete stop with the front wheels of said vehicle parallel with said stop sign. (1971 Code, ' 5-219) Penalty, see ' 70.99 Statutory reference: Related provisions, see Neb. RS 60-680

' 70.21 SAFETY BELT REQUIRED.

(A) Any driver and front seat passenger of a motor vehicle operated on a street or highway in the municipality shall wear a safety belt, except that the number of front seat passengers required to wear a safety belt shall not exceed the number of safety belts which were installed in the front seat of such motor vehicle by the manufacturer. Any driver transporting a child who is four years of age or more, but is less than 16 years of age shall be responsible for securing such child in a safety belt if the child is riding in the front seat of the motor vehicle. All safety belts so worn shall be properly adjusted and fastened and shall: be of a type which meets the requirements of 49 C.F.R. ' 571.208 as such regulations currently exists or as the regulation existed when the safety belts were originally installed safety belts or of a more recently issued version of such regulations. Requirements for a child under the age of four are provided in Neb. RS 60-6,267 to 39-6,103.03.

(B) Enforcement of this section by state or local law enforcement agencies shall be accomplished only as a secondary action when a driver of a motor vehicle has been detained for a suspected violation or some other offense.

(C) This section shall not apply to: a driver or passenger who possesses written verification from a physician that the driver or passenger is unable to wear a safety belt for medical reasons; and a rural letter carrier of the United States Postal Service while performing his or her duties as a rural letter carrier between the first and last delivery points.

(D) Evidence that a person was not wearing a seat belt at the time he or she was injured shall not be admissible in regard to the issue of liability or proximate cause, but may be admissible as evidence concerning mitigation of damages, except that it shall not reduce recovery for damages by more than 5%. (1971 Code, ' 5-222) (Ord. 415, passed 9-9-1985) Penalty, see ' 70.99 Statutory reference: Related provisions, see Neb. RS 60-6,212, 60-6,266

' 70.22 DRIVING ON SHOULDERS OF HIGHWAY.

No person shall drive on the shoulders of highways, except that:

(A) Vehicles may be driven onto the shoulders of roadways:

(1) By federal mail carriers while delivering the United States mail; or

(2) To safely remove a vehicle from traffic lanes.

(B) Implements of husbandry may be driven onto the shoulders of roadways. (1971 Code, ' 5-223) (Ord. 453, passed 10-10-1988) Penalty, see ' 70.99 Statutory reference: Related provisions, see Neb. RS 60-6,142

' 70.23 SIGNS, TRAFFIC CONTROL DEVICES, TRAFFIC SURVEILLANCE DEVICES;

DEFACING OR INTERFERING WITH.

It shall be unlawful for any person to willfully or maliciously deface, injure, remove, obstruct, knock down or interfere with any official traffic sign or signal, traffic control device or traffic control surveillance device. (1971 Code, ' 5-224) (Ord. 470, passed 1-8-1990) Penalty, see ' 70.99 Statutory reference: Related provisions, see Neb. RS 60-6,129, 60-6,130

' 70.24 VISIBILITY AT INTERSECTIONS.

No owner or occupier of land, except property in the Central Business District, shall permit or allow the erection or growth of any structure or vegetation on any corner lot in such a manner as to materially impede vision between a height of three feet and ten feet above the center line grades of the intersecting streets at any point within 30 feet of the point of intersection of the street lines. The existence of any such growth or structure is hereby declared a nuisance. (1971 Code, ' 5-225) (Ord. 490, passed 12-9-1991) Penalty, see ' 70.99

' 70.25 SKATEBOARDS AND SIMILAR DEVICES; USE IN CERTAIN AREAS

PROHIBITED.

It shall be unlawful for any person to skate, use, or ride upon any skateboard or similar device upon Main Street between its intersection with A street and its intersection with F Street in the village, or, upon the sidewalk adjoining Main Street in this area. (1971 Code, ' 5-226) (Ord. 490, passed 11-12-1991) Penalty, see ' 70.99

' 70.26 ENGINE BRAKES; DEFINITIONS AND PROHIBITIONS.

(A) Definition. For the purpose of this chapter, the term ENGINE BRAKE is hereby defined as a specific braking mechanism which utilizes the engine on any motor vehicle as a means of slowing or stopping said vehicle.

(B) Prohibition of engine brakes. It shall be unlawful for anyone to operate a motor vehicle and use engine brakes as a means of slowing or stopping said vehicle within the village limits.

(C) Affirmative defense. An affirmative defense to the application of the provisions of this section shall be if use of the engine brake is required to avoid an imminent accident which would result in damage or injury to person or property. (1971 Code, ' 5-227) (Ord. 711, passed 2-10-2003) Penalty, see ' 70.99

' 70.99 PENALTY.

(A) Any person, firm, association or corporation violating any of the provisions hereof which do not have a specific penalty, shall, upon conviction, be deemed guilty of a misdemeanor, and be fined in any sum not less than $50, and not exceeding $500. (1971 Code, ' 5-801)

(B) Any person violating the provisions of this chapter shall be fined in the amount of $100. (1971 Code, ' 5-227)

(C) Any person who violates ' 70.21 shall be guilty of a traffic infraction as defined in Neb. RS 39-602, and shall be fined $50, but no court costs shall be assessed against him or her nor shall any points be assessed against the driving record of such person. (1971 Code, ' 5-222)

(D) Violation of ' 70.24 shall constitute a misdemeanor punishable, by a fine of up to $500, and each subsequent day of continued violation shall constitute a separate violation. In addition, the court may order as part of its judgment the owner or occupier to bring the property into compliance or the village may seek injunctive relief against the party or parties in a separate civil action. (1971 Code, ' 5-225) (Ord. 415, passed 9-9-1985; Ord. 490, passed 12-9-1991; Ord. 681, passed 1-14-2002)

CHAPTER 71: OPERATOR AND VEHICLE QUALIFICATIONS

Section

71.01 Registration; operator and vehicle license

71.02 Registration; trailer

71.03 License plates

71.04 Vehicles; equipment and maintenance

71.05 Vehicles; unobstructed view

71.06 Vehicle; muffler

71.07 Loads; projecting

71.08 Loads; spilling

' 71.01 REGISTRATION; OPERATOR AND VEHICLE LICENSE.

(A) No person shall operate a motor vehicle upon any street, alley or public highway without having first registered the same in accordance with Neb. RS Chapter 60, Article 3, except as provided in this section. A person may operate a motor vehicle without registration for a period not to exceed 30 days from the date of purchase. Upon registration, such vehicle shall have the required number plates displayed upon said vehicle in the manner and places provided for by Neb. RS 60-323.

(B) No person shall operate a motor vehicle upon any street, alley or public highway without having obtained a motor vehicle operator=s license in accordance with Chapter 60, Article 4, RS Neb. It shall be unlawful for any person to operate a motor vehicle upon any street, alley or public highway during the period that his or her operator=s license has been revoked or cancelled. (1971 Code, ' 5-301) (Ord. 496, passed 3-16-1992) Penalty, see ' 70.99 Statutory reference: Related provisions, see Neb. RS 39-669.30, 60-302, 60-320, 60-320.01, 60-323

' 71.02 REGISTRATION; TRAILER.

When any trailer shall be attached to any motor vehicle in use upon the municipal streets, such trailer shall carry a registration number and rear lights as required of any other motor vehicle. (1971 Code, ' 5-302) Penalty, see ' 70.99 Statutory reference: Related provisions, see Neb. RS 60-302

' 71.03 LICENSE PLATES.

The license plates, required on every motor vehicle by laws of the state, or by laws of any other state while such vehicle is operated within the corporate limits, shall be kept clear and free from grease, dust or other blurring matter so they will be plainly visible at all times, and shall be attached in such manner as to be clearly readable at a distance of 100 feet and under no circumstances shall they be obstructed by any portion of the vehicle. (1971 Code, ' 5-303) Penalty, see ' 70.99 Statutory reference: Related provisions, see Neb. RS 60-324, 60-325

' 71.04 VEHICLES; EQUIPMENT AND MAINTENANCE.

Every motor vehicle, while in use on the streets, alleys or public highways of the municipality shall be equipped with efficient brakes adequate to control the movement of, to stop, and to hold such vehicle, including two separate means of applying the brakes, and shall be further equipped with a good and sufficient horn in good working order, or other efficient signal devices, and shall have from one-half hour after sunset until one-half hour before sunrise, two or more whitish lights on the front thereof, and one on each side, which lights and all other lighting devices, including tail lights, shall be in compliance with the laws of the state. No person shall operate any vehicle which is equipped with an electric light or lights that confuse travelers or pedestrians on streets or crosswalks within the corporate limits. Every motor vehicle having a width of 80 inches or more shall display clearance lights as required by the laws of the state. All vehicle brakes shall be maintained in good working order; provided, motorcycles need only be equipped with one brake. All horns on motor vehicles shall be capable of emitting sound audible under normal conditions from a distance of not less than 200 feet; provided, no vehicle except herein provided, shall be equipped with; nor shall any person use upon a vehicle, any siren, or horn otherwise than as a reasonable warning; nor shall any person use any horn or warning device upon a vehicle to make any unnecessary, loud or harsh sound; and provided further that, every Police, Fire Department and fire patrol vehicle, ambulance or other authorized emergency vehicle used for emergency calls shall be equipped with a bell, siren or whistle of the type approved by the governing body. (1971 Code, ' 5-304) Penalty, see ' 70.99 Statutory reference: Related provisions, see Neb. RS 39-6,127, 39-6,133, 39-6,135. 39-6,138, 39-628.01, 39-670.01

' 71.05 VEHICLES; UNOBSTRUCTED VIEW.

No person shall drive on a street any motor vehicle constructed or loaded in such a way as to prevent the driver from obtaining a view of the street to the rear unless such vehicle is equipped with a mirror so located as to reflect to the driver a view of the street for a distance of at least 200 feet to the rear of such vehicle. It shall be unlawful for any person to drive upon a street, any vehicle with a sign, poster or other non-transparent material upon the front windshield, side windows or rear windows of such motor vehicle other than a certificate, or paper required to be so displayed by law. Every windshield on a motor vehicle shall be equipped with a device for removing rain, snow or other moisture from the windshield, which device shall be so constructed as to be operated by the driver within the vehicle. (1971 Code, ' 5-305) Penalty, see ' 70.99 Statutory reference: Related provisions, see Neb. RS 39-6,124, 39-6,136. 39-6,170

' 71.06 VEHICLE; MUFFLER.

Every motor vehicle operated within this municipality shall be provided with a muffler in good working order to prevent excessive or unusual noise or smoke. It shall be unlawful to use a Amuffler cut-out@ on any motor vehicle upon any streets; provided, the provisions of this section shall not apply to authorized emergency vehicles. (1971 Code, ' 5-306) Penalty, see ' 70.99 Statutory reference: Related provisions, see Neb. RS 39-6,137

' 71.07 LOADS; PROJECTING.

When any vehicle shall be loaded in such a manner that any portion of the load extends more than four feet beyond the rear of the bed or the body of such vehicle, a red flag shall be carried by day, and red light after sunset, of such load. (1971 Code, ' 5-307) Penalty, see ' 70.99 Statutory reference: Related provisions, see Neb. RS 39-6,130

' 71.08 LOADS; SPILLING.

All vehicles used for carrying coal, earth, cinders, sand, gravel, rock, asphalt, tar or any similar substance shall be so constructed as to prevent the sifting or spilling of any of the contents. (1971 Code, ' 5-308) Penalty, see ' 70.99 Statutory reference: Related provisions, see Neb. RS 39-6,129, 39-6,137

CHAPTER 72: PARKING

Section

72.01 Vehicles; unattended

72.02 Horses; unattended

72.03 Parking generally

72.04 Congested area

72.05 Parking prohibited

72.06 Obstructing alley

72.07 Alleys

72.08 Unloading; freight vehicles

72.09 Fire hydrants

72.10 Schools, theaters

72.11 Street intersections

72.12 Obstructing traffic

72.13 Curb

72.14 Curbs, painted

72.15 Display or repair

72.16 Current license

72.17 Time limit

72.18 Time limit maximum

72.19 Emergency vehicles

72.20 Removal of illegally parked vehicles

72.21 Handicapped persons; designation of on-street parking spaces and access aisles; display of

permits

72.22 Handicapped persons; designation of off-street parking stalls, spaces and access aisles

72.23 Handicapped persons; definitions

72.24 Handicapped persons; personal permit

72.25 Handicapped persons; motor vehicle permit

72.26 Handicapped persons; permits, prohibited issuance, duplicates

72.27 Handicapped persons; period permit valid

72.28 Handicapped persons; permits nontransferable

72.29 Handicapped persons; removal of unauthorized vehicle

72.30 Handicapped persons; citation, issuance; complaint; trial; dismissal

72.31 Retroreflective sheeting required

72.32 Parking in sidewalk space

72.33 Responsibility of owner

' 72.01 VEHICLES; UNATTENDED.

No person having control or charge of a motor vehicle shall allow such vehicle to stand unattended without first effectively setting the brakes thereon and, when standing upon any grade, without turning the front wheels of such vehicle to the curb or side of the street. The driver of a motor vehicle, when traveling upon a down grade upon any street, shall not coast with the gears of the vehicle in neutral. (1971 Code, ' 5-401) Penalty, see ' 70.99 Statutory reference: Related provisions, see Neb. RS 39-674

' 72.02 HORSES; UNATTENDED.

No person shall leave any horse, team of horses, draft animal or other beast of burden unattended in any street or alley without securely fastening the same. (1971 Code, ' 5-402) Penalty, see ' 70.99

' 72.03 PARKING GENERALLY.

No person shall park any vehicle, or approach the curb with a vehicle, except when headed in the direction of the traffic. Vehicles, when parked, shall stand parallel with and adjacent to the curb or edge of the roadway, in such manner as to have both right wheels within 12 inches of the curb or edge of the roadway, and so as to leave at least four feet between the vehicle so parked and any other parked vehicle. No person shall park a vehicle so as to obstruct a private driveway, or drive, for any period of time. No person shall park a vehicle, or permit it to stand, within 15 feet in either direction from the entrance of any fire station. (1971 Code, ' 5-403) Penalty, see ' 70.99 Statutory reference: Related provisions, see Neb. RS 39-673, 60-680

' 72.04 CONGESTED AREA.

The governing body may, by resolution, designate any street or portion thereof, within the Acongested district@ where vehicles shall be parked parallel with the adjacent curb so as to have both right wheels within six inches of the curb, or where vehicles shall be parked at an angle on any street, or portion thereof, shall be parked with the right front wheel of such vehicle at the curb. Where stalls are designated either on the curb or pavement in the congested district, vehicles shall be parked within such stalls. (1971 Code, ' 5-404)

' 72.05 PARKING PROHIBITED.

The governing body may, by resolution, set aside any street, alley, public way or portion thereof for the parking of any particular kind of class of vehicle, and where the parking of vehicles has been prohibited by resolution, no vehicle prohibited from parking thereon shall stand or be parked adjacent to the curb of said street, alley, public way or portion thereof, longer than a period of necessary to load and unload passengers. (1971 Code, ' 5-405)

' 72.06 OBSTRUCTING ALLEY.

No vehicle, while parked shall have any portion thereof projecting into any alley entrance. (1971 Code, ' 5-406) Penalty, see ' 70.99 Statutory reference: Related provisions, see Neb. RS 60-680

' 72.07 ALLEYS.

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

(B) Every vehicle while loading or unloading in any alley shall be parked in such manner as will cause the least obstruction possible to traffic in such alley. (1971 Code, ' 5-407) Penalty, see ' 70.99 Statutory reference: Related provisions, see Neb. RS 60-680

' 72.08 UNLOADING; FREIGHT VEHICLES.

Trucks while discharging freight may back to the curb, but shall occupy as little of the street as possible. (1971 Code, ' 5-408) Statutory reference: Related provisions, see Neb. RS 60-680

' 72.09 FIRE HYDRANTS.

(A) No vehicle shall be parked or any horse left hitched within 15 feet in either direction of any fire hydrant.

(B) The curb space within such area of 15 feet in either direction of such fire hydrant shall be painted red to indicate such prohibition. (1971 Code, ' 5-409) Penalty, see ' 70.99 Statutory reference: Related provisions, see Neb. RS 39-672

' 72.10 SCHOOLS, THEATERS.

The governing body may, by resolution, prohibit the parking or stopping of vehicles at the curb on streets directly in front of any entrance to a school house, school building or theater, and such curbs adjacent to the entrance of said school house, school building or theater shall be painted red to indicate such prohibition. (1971 Code, ' 5-410) Statutory reference: Related provisions, see Neb. RS 60-680

' 72.11 STREET INTERSECTIONS.

No vehicle shall be parked or left standing for any purpose near the intersection of curb lines where said curb lines are painted red to indicate such prohibition. (1971 Code, ' 5-411) Penalty, see ' 70.99 Statutory reference: Related provisions, see Neb. RS 39-672

' 72.12 OBSTRUCTING TRAFFIC.

No vehicle shall, except in case of an accident or emergency, stop within any street intersection, alley entrance or any such location as to obstruct any street, crosswalk or alley entrance. (1971 Code, ' 5-412) Penalty, see ' 70.99 Statutory reference: Related provisions, see Neb. RS 60-680

' 72.13 CURB.

No vehicle shall park on any street with its left side to the curb. Vehicles must not be parked at any curb in such a position as to prevent another vehicle already parked at the curb from moving away. (1971 Code, ' 5-413) Penalty, see ' 70.99 Statutory reference: Related provisions, see Neb. RS 39-673

' 72.14 CURBS, PAINTED.

It shall be the duty of the Chief of Police to cause the curb space to be painted and keep the same painted as in this chapter, provided, no person, firm or corporation shall paint the curb of any street, or in any manner set aside, or attempt to prevent the parking of vehicles in any street, or part thereof, except at such places where the parking of vehicles is prohibited by the provisions of this chapter. The marking or designating of portions of streets or alleys where the parking of vehicles is prohibited or limited shall be done only by the municipality through its proper officers, at the direction of the governing body. (1971 Code, ' 5-414) Statutory reference: Related provisions, see Neb. RS 60-680

' 72.15 DISPLAY OR REPAIR.

(A) It shall be unlawful for any person to park upon any street, alley or public place within this municipality any vehicle displayed for sale.

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

(C) No person or employee connected with a garage or repair shop shall use sidewalks, streets or alleys in the vicinity of such garage or shop for the purpose of working on automobiles or vehicles of any description. (1971 Code, ' 5-415) Penalty, see ' 70.99 Statutory reference: Related provisions, see Neb. RS 60-680

' 72.16 CURRENT LICENSE.

It shall be unlawful to park, or place on the streets, alleys or other public property any motor vehicle without first securing a current license as provided by law, and no such licensed motor vehicle shall be allowed to stand for a longer period than 24 hours. (1971 Code, ' 5-416) Penalty, see ' 70.99 Statutory reference: Related provisions, see Neb. RS 60-323

' 72.17 TIME LIMIT.

The governing body may, by resolution, entirely prohibit, or fix a time limit for, the parking and stopping of vehicles on any street, streets or district designated by such resolution, and the parking, or stopping, of any vehicle in any such street, streets or district, for a period of time longer than fixed in such resolution shall constitute a violation of this chapter. (1971 Code, ' 5-417) Statutory reference: Related provisions, see Neb. RS 60-680

' 72.18 TIME LIMIT MAXIMUM.

The parking of a motor vehicle on a public street for over 72 consecutive hours is unlawful without written permission from the Village Marshal. (1971 Code, ' 5-418) Statutory reference: Related provisions, see Neb. RS 60-680

' 72.19 EMERGENCY VEHICLES.

The provisions of this chapter regulating the movement, parking and standing of vehicles shall not apply to authorized emergency vehicles, as defined in this chapter, while the driver of such vehicle is operating the same in an emergency in the necessary performance of public duties. (1971 Code, ' 5-419)

' 72.20 REMOVAL OF ILLEGALLY PARKED VEHICLES.

Whenever any law enforcement officer shall find a vehicle in violation of any of the provisions of the chapter, such individual may remove or have such vehicle removed. The owner or other person lawfully entitled to the possession of any vehicle towed or stored shall be liable for the reasonable cost of towing and storage fees. Any such towing or storage fee shall be a lien upon the vehicle prior to all other claims. Any person towing or storing a vehicle shall be entitled to retain possession of such vehicle until such charges are paid. The lien provided for in this section shall not apply to the contents of the vehicle. (1971 Code, ' 5-420) (Ord. 456, passed 10-10-1988; Ord. 679, passed 1-14-2002) Statutory reference: Related provisions, see Neb. RS 60-6,165, 60-680

' 72.21 HANDICAPPED PERSONS; DESIGNATION OF ON-STREET PARKING SPACES

AND ACCESS AISLES; DISPLAY OF PERMITS.

(A) (1) The governing body may designate parking spaces, including access aisles, for the exclusive use of:

(a) Handicapped or disabled persons whose motor vehicles display the distinguishing license plates issued to handicapped or disabled persons pursuant to Neb. RS 60-311.14;

(b) Handicapped or disabled persons whose motor vehicles display a distinguishing license plate issued to a handicapped or disabled person by another state;

(c) Such other handicapped or disabled persons or temporarily handicapped or disabled persons, as certified by the municipality, whose motor vehicles display the permit specified in Neb. RS 18-1739; and

(d) Such other motor vehicles, as certified by the municipality, which display such permit.

(2) All such permits shall be displayed by hanging the permit from the motor vehicle=s rearview mirror so as to be clearly visible through the front windshield. The permit shall be displayed on the dashboard only when there is no rearview mirror.

(B) If the governing body so designates a parking space or access aisle, it shall be indicated by posting aboveground and immediately adjacent to and visible from each space or access aisle a sign as described in Neb. RS 18-1737. In addition to such sign, the space or access aisle may also be indicated by blue paint on the curb or edge of the paved portion of the street adjacent to the space or access aisle. (1971 Code, ' 5-421) (Ord. 536, passed 4-10-1995; Ord. 581, passed 10-13-1997; Ord. 636, passed 4-12-1999; Ord. 694, passed 10-14-2002) Statutory reference: Related provisions, see Neb. RS 18-1736

' 72.22 HANDICAPPED PERSONS; DESIGNATION OF OFF-STREET PARKING

STALLS, SPACES AND ACCESS AISLES.

(A) The municipality and any person in lawful possession of any off-street parking facility may designate stalls or spaces, including access aisles, in such facility owned or operated by the municipality or person for the exclusive use of:

(1) Handicapped or disabled persons whose motor vehicles display the distinguishing license plates issued to such individuals pursuant to Neb. RS 60-311.14;

(2) Such other handicapped or disabled persons or temporarily handicapped or disabled persons, as certified by the municipality, whose motor vehicles display the permit specified in Neb. RS 18-1739; and

(3) Such other motor vehicles, as certified by the municipality, which display such permit.

(B) Such designation shall be made by posting aboveground and immediately adjacent to and visible from each stall or space, including access aisles, a sign which is in conformance with the requirements in Neb. RS 18-1737. (1971 Code, ' 5-422) (Ord. 582, passed 10-13-1997; Ord. 695, passed 10-14-2002) Statutory reference: Related provisions, see Neb. RS 18-1737

' 72.23 HANDICAPPED PERSONS; DEFINITIONS.

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

ACCESS AISLE. A space adjacent to a handicapped parking space or passenger loading zone which is constructed and designed in compliance with the federal Americans with Disabilities Act of 1990 and the federal rules and regulations adopted and promulgated in response to the Act.

HANDICAPPED OR DISABLED PERSON. Any individual with a severe visual or physical impairment which limits personal mobility and results in an inability to travel unassisted more than 200 feet without the use of a wheelchair, crutch, walker or prosthetic, orthotics or other assistant device, any individual whose personal mobility is limited as a result of respiratory problems, any individual who has a cardiac condition to the extent that his or her functional limitations are classified in severity as being Class III or Class IV, according to standards set by the American Heart Association and any individual who has permanently lost all or substantially all the use of one or more limbs.

HANDICAPPED PARKING INFRACTION. The violation of any section of this chapter regulating:

(1) The use of parking spaces, including access aisles, designated for use by handicapped or disabled persons;

(2) The unauthorized possession, use or display of handicapped or disabled parking permits; or

(3) The obstruction of any wheelchair ramps constructed or created in accordance and in conformity with the federal Americans with Disabilities Act of 1990.

TEMPORARILY HANDICAPPED OR DISABLED PERSON. Any handicapped or disabled person whose personal mobility is expected to be limited in such manner for no longer than one year. (1971 Code, ' 5-423) (Ord. 583, passed 10-13-1997; Ord. 693, passed 10-14-2002) Statutory reference: Related provisions, see Neb. RS 18-1736, 18-1741.01, 18-1758

' 72.24 HANDICAPPED PERSONS; PERSONAL PERMIT.

(A) The Municipal Clerk shall take an application, on a form provided by the Department of Motor Vehicles, from a handicapped or disabled person or temporarily handicapped or disabled person or his or her parent, legal guardian or foster parent for a permit which will entitle the holder thereof or a person driving a motor vehicle for the purpose of transporting such holder to park in those spaces or access aisles provided for by this chapter when the holder of the permit will enter or exit the motor vehicle while it is parked in such spaces or access aisles. For purposes of this section, the handicapped or disabled person or temporarily handicapped or disabled person shall be considered the holder of the permit.

(B) A person applying for a permit or for the renewal of a permit shall complete an application, shall provide proof of identity and shall submit a completed medical form containing the statutory criteria for qualification and signed by a physician, physician assistant or advanced practice registered nurse certifying that the person who will be the holder meets the definition of handicapped or disabled person or temporarily handicapped or disabled person. No applicant shall be required to provide his or her Social Security number. In the case of a temporarily handicapped or disabled person, the certifying physician, physician assistant or advanced practice registered nurse shall indicate the estimated date of recovery or that the temporary handicap or disability will continue for a period of six months, whichever is less.

(C) A person may hold only one permit under this section and may hold either a permit under this section or a permit under ' 72.25 (containing motor vehicle permit; issuance provisions), but not both.

(D) A copy of the completed application form shall be given to each applicant. The Municipal Clerk shall submit to the Department of Motor Vehicles the name, address and license number of all persons applying for a permit pursuant to this section.

(E) An application for the renewal of a permit under this section may be filed within 30 days prior to the expiration of the permit. The existing permit shall be invalid upon receipt of the new permit.

(F) The Municipal Clerk shall not accept the application for a permit of any person making application contrary to the provisions of Neb. RS 18-1738.02. (1971 Code, ' 5-424) (Ord. 584, passed 10-13-1997; Ord. 670, passed 3-12-2001; Ord. 696, passed 10-14-2002) Statutory reference: Related provisions, see Neb. RS 18-1738, 18-1738.02

' 72.25 HANDICAPPED PERSONS; MOTOR VEHICLE PERMIT.

(A) The Municipal Clerk shall take an application from any person for a motor vehicle permit, which will entitle the holder thereof or a person driving the motor vehicle for the purpose of transporting handicapped or disabled persons or temporarily handicapped or disabled persons to park in those spaces or access aisles provided for by this chapter if the motor vehicle is used primarily for the transportation of handicapped or disabled persons or temporarily handicapped or disabled persons. Such parking permit shall be used only when the motor vehicle for which it was issued is being used for the transportation of a handicapped or disabled person or temporarily handicapped or disabled person and such person will enter or exit the motor vehicle while it is parked in such designated spaces or access aisles.

(B) A person applying for a permit or for the renewal of a permit pursuant to this section shall apply for a permit for each motor vehicle used for the transportation of handicapped or disabled persons or temporarily handicapped or disabled persons, shall complete such forms as are provided to the Municipal Clerk by the Department of Motor Vehicles, and shall demonstrate to the Municipal Clerk that each such motor vehicle is used primarily for the transportation of handicapped or disabled persons or temporarily handicapped or disabled persons. A copy of the completed application form shall be given to each applicant.

(C) No more than one such permit shall be issued for each motor vehicle. A person may hold either a permit under this section or a permit under ' 72.24 (containing personal permit; issuance provisions), but not both.

(D) An application for the renewal of a permit under this section may be filed within 30 days prior to the expiration of the permit. The existing permit shall be invalid upon receipt of the new permit.

(E) The Municipal Clerk shall submit to the Department of Motor Vehicles the name, address and license number of all persons applying for a permit pursuant to this section.

(F) The Municipal Clerk shall not accept the application for a permit of any person making application contrary to Neb. RS 18-1738.02. (1971 Code, ' 5-425) (Ord. 585, passed 10-13-1997; Ord. 697, passed 10-14-2002) Penalty, see ' 70.99 Statutory reference: Related provisions, see Neb. RS 18-17.38.01, 18-1738.02

' 72.26 HANDICAPPED PERSONS; PERMITS, PROHIBITED ISSUANCE, DUPLICATES.

(A) No permit shall be issued to any person or for any motor vehicle if any parking permit has been issued to such person or for such motor vehicle and such permit has been suspended pursuant to this section (containing permits nontransferable; violations; suspension provisions). At the expiration of such suspension, a permit may be renewed in the manner provided for renewal in this chapter.

(B) A duplicate permit may be provided without cost if the original permit is destroyed, lost or stolen.

(1) Such duplicate permit shall be issued in the same manner as the original permit, except that a newly completed medical form need not be provided if a completed medical form submitted at the time of the most recent application for a permit or its renewal is on file with the Municipal Clerk or the Department of Motor Vehicles.

(2) A duplicate permit shall be valid for the remainder of the period for which the original permit was issued. (1971 Code, ' 5-426) (Ord. 586, passed 10-13-1997; Ord. 698, passed 10-14-2002) Statutory reference: Related provisions, see Neb. RS 18-1739

' 72.27 HANDICAPPED PERSONS: PERIOD PERMIT VALID.

(A) All permanently issued permits for handicapped or disabled parking authorized by this chapter shall be issued for a period ending on September 30 of the third year after the date of issuance and shall expire on that date.

(B) All permits authorized under this chapter for temporarily handicapped or disabled parking shall be issued for a period ending not more than six months after the date of issuance but may be renewed one time for a period not to exceed six months. For the renewal period, there shall be submitted an additional application with proof of a handicap or disability. (1971 Code, ' 5-427) (Ord. 587, passed 10-13-1997; Ord. 699, passed 10-14-2002) Statutory reference: Related provisions, see Neb. RS 18-1740

' 72.28 HANDICAPPED PERSONS; PERMITS NONTRANSFERABLE.

(A) Permits issued under this chapter shall not be transferable and shall be used only by the party to whom issued or for the motor vehicle for which issued and only for the purpose for which it is issued. No person shall alter or reproduce in any manner a permit issued pursuant to this chapter. No person shall knowingly hold more than one permit or knowingly provide false information on an application for a permit.

(B) No person who is not the holder of a handicapped or disabled parking permit issued to him or her as a handicapped or disabled person shall display a handicapped or disabled parking permit and park in a space or access aisle designated for the exclusive use of a handicapped or disabled person.

(C) No person who is the holder of a handicapped or disabled parking permit issued for the use of such person when transporting a handicapped or disabled person shall display his or her handicapped or disabled parking permit and park in a space or access aisle designated for the exclusive use of a handicapped or disabled person unless a handicapped or disabled person is actually in the vehicle displaying the permit at the time it is parked, has left the vehicle while it was parked, and will return to the vehicle before it leaves the designated space or access aisle.

(D) No person who is not the holder of a handicapped or disabled parking permit issued for use when a vehicle is transporting a handicapped or disabled person shall display a handicapped or disabled parking permit and park in a space or access aisle designated for the exclusive use of a handicapped or disabled person unless a handicapped or disabled person is actually in the vehicle displaying the permit at the time it is parked, has left the vehicle while it was parked, and will return to the vehicle before it leaves the designated space or access aisle.

(E) Any violation of this section shall constitute a handicapped parking infraction, and shall be cause for suspension of such permit for a period of six months and imposition of the penalty provided for violation of this chapter. In addition, the trial court shall impose a fine of not more than $250, which may be waived by the court if, at the time of sentencing, all handicapped parking permits issued to or in the possession of the offender are returned to the court. At the expiration of such six-month period, a suspended permit may be renewed in the manner provided for renewal in this chapter. (1971 Code, ' 5-429) (Ord. 588, passed 10-13-1997; Ord. 700, passed 10-14-2002) Statutory reference: Related provisions, see Neb. RS 18-1741

' 72.29 HANDICAPPED PERSONS; REMOVAL OF UNAUTHORIZED VEHICLE.

(A) The owner or person in lawful possession of an off-street parking facility, after notifying the municipal police, and the municipality, if it provides on-street parking or owns, operates or provides an off-street parking facility, may cause the removal, from a stall or space, including access aisles, designated exclusively for handicapped or disabled persons or temporarily handicapped or disabled persons or motor vehicles for the transportation of handicapped or disabled persons or temporarily handicapped or disabled persons, of any vehicle not displaying the proper permit or the distinguishing license plates specified in this chapter if there is posted aboveground and immediately adjacent to and visible from such stall or space, including access aisles, a sign which clearly and conspicuously states the area so designated as a tow-in zone.

(B) A person who parks a vehicle in any on-street parking space or access aisle which has been designated exclusively for handicapped or disabled persons or temporarily handicapped or disabled persons or motor vehicles for the transportation of handicapped or disabled persons or temporarily handicapped or disabled persons, or in any so exclusively designated parking space or access aisle in any off-street parking facility, without properly displaying the proper permit or when the handicapped or disabled person to whom or for whom, as the case may be, the license plate or permit is issued will not enter or exit the vehicle while it is parked in the designated space or access aisle shall be guilty of a handicapped parking infraction and shall be subject to the penalties and procedures set forth in ' 72.30 (containing citation, issuance; complaint; trial; dismissal provisions). The display on a motor vehicle of a distinguishing license plate or permit issued to a handicapped or disabled person by and under the duly constituted authority of another state shall constitute a full and complete defense in any action for a handicapped parking infraction. If the identity of the person who parked the vehicle in violation of this section cannot be readily determined, the owner or person in whose name the vehicle is registered shall be held prima facie responsible for such violation and shall be guilty and subject to the penalties and procedures described in this section.

(C) In the case of a privately owned off-street parking facility, the municipality shall not require the owner or person in lawful possession of such facility to inform the municipality of a violation of this section prior to the municipality issuing the violator a handicapped parking infraction citation. (1971 Code, ' 5-429) (Ord. 589, passed 10-13-1997; Ord. 701, passed 10-14-2002) Penalty, see ' 70.99 Statutory reference: Related provisions, see Neb. RS 18-1737

' 72.30 HANDICAPPED PERSONS; CITATION, ISSUANCE; COMPLAINT; TRIAL;

DISMISSAL.

(A) For any offense classified as a handicapped parking infraction, a handicapped parking citation may be issued by any peace officer or by any person designated by ordinance by the governing body to exercise the authority to issue a citation for any handicapped parking infraction.

(B) When a handicapped parking citation is issued for a handicapped parking infraction, the person issuing the handicapped parking citation shall enter thereon all required information, including the name and address of the cited person or, if not known, the license number and description of the offending motor vehicle, the offense charged, and the time and place the person cited is to appear in court. Unless the person cited requests an earlier date, the time of appearance shall be at least three days after the issuance of the handicapped parking citation. One copy of the handicapped parking citation shall be delivered to the person cited or attached to the offending motor vehicle.

(C) At least 24 hours before the time set for the appearance of the cited person, either the Municipal Attorney or other person authorized by law to issue a complaint for the particular offense shall issue and file a complaint charging such person with a handicapped parking infraction or such person shall be released from the obligation to appear as specified.

(D) The trial of any person for a handicapped parking infraction shall be by the court without a jury. A person cited for a handicapped parking violation may waive his or her right to trial.

(E) For any handicapped parking citation issued for a handicapped parking infraction by reason of the failure of a vehicle to display a handicapped parking permit issued pursuant to Neb. RS 18-1738 or 18-1738.01, the complaint shall be dismissed if, within seven business days after the date of issuance of the citation, the person cited files with the court the affidavit included on the citation, signed by a peace officer certifying that the recipient is the lawful possessor in his or her own right of a handicapped parking permit issued under Neb. RS 18-1738 or 18-1738.01, and that the peace officer has personally viewed the permit. (1971 Code, ' 5-430) (Ord. 590, passed 10-13-1997) Statutory reference: Related provisions, see Neb. RS 18-1741.01, 18-1741.04, 18-1741.06

' 72.31 RETROREFLECTIVE SHEETING REQUIRED.

(A) It shall be unlawful for any vehicle defined in Neb. RS 60-301 as a truck (other than pickup or sports utility vehicle), truck-tractor, utility trailer, mobile home, trailer, cabin trailer, commercial vehicle, commercial trailer, farm truck or farm trailer shall be parked upon the streets or alleys of the village between the hours of sunset to sunrise without bearing retroreflective sheeting as follows.

(1) Lower rear area. The rear of each vehicle must be equipped with retroreflective sheeting. Each strip shall be a minimum of two inches in width, and positioned as horizontally as practicable, extending across the full width of the rear of the vehicle, beginning as close to the extreme edges as possible. The centerline of the strip shall be between 15 inches and 60 inches above the road surface.

(2) Upper rear area. Two additional pair of white retroreflective sheeting, each pair consisting of a strip at least 12 inches long, shall be horizontally and vertically perpendicular, shall be placed at the upper outermost areas along the rear of the vehicle on the left and right sides.

(B) The fact that a vehicle, which is parked in violation of any of the provisions of this chapter, is registered in the name of a person shall be prima facie proof that such person was in control of the vehicle at the time of such parking. (1971 Code, ' 5-431) (Ord. 652, passed 2-14-2000) Penalty, see ' 70.99

' 72.32 PARKING IN SIDEWALK SPACE.

It shall be unlawful to park any vehicle over or upon any sidewalk or sidewalk space within the village. The tires, wheels or any other portion of the vehicle supporting any portion of its weight, standing, resting or placed upon or over any sidewalk, curb or sidewalk space shall be deemed a violation of this section. (1971 Code, ' 5-432) (Ord. 682, passed 2-11-2002) Penalty, see ' 70.99

' 72.33 RESPONSIBILITY OF OWNER.

The fact that a vehicle which is parked in violation of any of the provisions of this chapter, is registered in the name of a person shall be prima facie proof that such a person was in control of the automobile at the time of such parking. (1971 Code, ' 5-433) (Ord. 680, passed 2-14-2002)

CHAPTER 73: BICYCLES AND MOTORCYCLES

Section

73.01 Bicycle operations

73.02 Clinging to motor vehicle

73.03 Motorcycle lights

73.04 Motorcycle; riding tandem

73.05 Motorcycle helmet

' 73.01 BICYCLE OPERATIONS.

(A) No person shall ride or propel a bicycle on a street or other public highway of this municipality with another person on the handlebars or in any position in front of the operator.

(B) No bicycle shall be ridden faster than is reasonable and proper, but every bicycle shall be operated with reasonable regard to the safety of the operator and any other persons upon the streets and public highways.

(C) Persons riding bicycles shall observe all traffic signs and stop at all stop signs.

(D) No bicycle shall be permitted on any street or other public highway from one-half hour after sunset and one-half hour before sunrise without a headlight, visible under normal atmospheric conditions, from the front thereof for not less than 500 feet indicating the approach or presence of the bicycle, firmly attached to such bicycle, and properly lighted, or without a yellow, or red light reflector attached to, and visible 500 feet from the rear thereof. The said headlight shall give a clear, white light.

(E) No person shall ride or propel a bicycle upon any street or other public highway abreast of more than one other person riding or propelling a bicycle.

(F) Every person riding or propelling a bicycle upon any street or other public highway shall observe all traffic rules and regulations applicable thereto, and shall turn only at intersections, signal for all turns, ride at the right-hand side of the street or highway, pass to the left when passing overtaken vehicles and individuals that are slower moving, and shall pass vehicles to the right when meeting.

(G) No person shall park a bicycle on any sidewalk unless a bicycle stand is located on said sidewalk. (1971 Code, ' 5-501) Penalty, see ' 70.99 Statutory reference: Related provisions, see Neb. RS 60-6,315, 60-6,317, 60-6,318

' 73.02 CLINGING TO MOTOR VEHICLE.

No person riding upon any bicycle, coaster, roller skates, sled, skis or toy vehicle shall attach himself or herself or the bicycle, coaster, roller skates, sled, skis or toy vehicle to any vehicle upon a roadway, and it shall be unlawful for the driver of any vehicle to suffer or permit any person riding upon any bicycle, coaster, roller skates, sled, skis or toy vehicle to cling or attach himself or herself or the bicycle to such vehicle driven and operated by him or her. (1971 Code, ' 5-502) (Ord. 527, passed 8-8-1994) Penalty, see ' 70.99 Statutory reference: Related provisions, see Neb. RS 60-6,316

' 73.03 MOTORCYCLE LIGHTS.

No person shall ride a motorcycle upon the streets, alleys or highways from one-half hour after sunset to one-half hour before sunrise, unless the same shall be equipped with at least one, and not more than two headlights, plainly visible from the front and with a light on the rear exhibiting a red light visible under normal atmospheric conditions from a distance of at least 500 feet to the rear thereof; provided, said lamps shall comply with the requirements and limitations of the statutes of the state. (1971 Code, ' 5-503) Penalty, see ' 70.99 Statutory reference: Related provisions, see Neb. RS 39-6,138

' 73.04 MOTORCYCLE; RIDING TANDEM.

No person operating a motorcycle shall carry another person in front of the operator. (1971 Code, ' 5-504) Penalty, see ' 70.99 Statutory reference: Related provisions, see Neb. RS 60-6,307

' 73.05 MOTORCYCLE HELMET.

A person shall not operate or be a passenger on a motorcycle or moped on any highway, as defined in Neb. RS 39-602, unless such person is wearing a protective helmet of the type and design manufactured for use by operators of such vehicles and unless such helmet is secured properly on his or her head with a chin strap while the vehicle is in motion. All such protective helmets shall be designed to reduce injuries to the user resulting from head impacts and shall be designed to protect the user by remaining on the user=s head, deflecting blows, resisting penetration and spreading the force of impact. Each such helmet shall consist of lining, padding, visor and chin strap and shall meet or exceed the standards established in the United States Department of Transportation=s Federal Motor Vehicle Safety Standard No. 218, 49 C.F.R. ' 571.218, for motorcycle helmets. (1971 Code, ' 5-505) (Ord. 452, passed 10-10-1988) Penalty, see ' 70.99 Statutory reference: Related provisions, see Neb. RS 60-6,212.26

CHAPTER 74: PROHIBITIONS AND ENFORCEMENT

' 74.01 PASSING; INTERSECTIONS.

The driver of a vehicle shall not overtake and pass another vehicle proceeding in the same direction, while traversing a street intersection, if such passing requires such overtaking vehicle to drive to the left of the center of the street. (1971 Code, ' 5-601) Penalty, see ' 74.99 Statutory reference: Related provisions, see Neb. RS 60-6,136

' 74.02 PASSING; HINDRANCE.

The driver of a vehicle about to be overtaken and passed by another vehicle shall not increase the speed of his or her vehicle until completely passed by the overtaking vehicle. (1971 Code, ' 5-602) Penalty, see ' 74.99 Statutory reference: Related provisions, see Neb. RS 60-6,133

' 74.03 DRIVING ABREAST.

Two or more vehicles shall not be driven abreast except when passing, or when traversing a multi-lane or one-way street; provided, motorcycles may be driven no more than two abreast in a single lane. (1971 Code, ' 5-603) (Ord. 298, passed 5-7-1974) Penalty, see ' 74.99 Statutory reference: Related provisions, see Neb. RS 60-6,139, 60-6,308

' 74.04 FOLLOWING; DISTANCE.

The operator of a vehicle shall not follow another vehicle more closely than is reasonable and prudent having due regard for the speed of the vehicles, and the traffic and condition of the street. (1971 Code, ' 5-604) Penalty, see ' 74.99 Statutory reference: Related provisions, see Neb. RS 60-6,140

' 74.05 FOLLOWING; FIRE APPARATUS.

The driver of any vehicle shall not follow any fire apparatus traveling in response to a fire alarm closer than 500 feet, or drive into, or park such vehicle within the block where fire apparatus has stopped in answer to a fire alarm. (1971 Code, ' 5-605) Penalty, see ' 74.99 Statutory reference: Related provisions, see Neb. RS 60-6,183

' 74.06 FUNERAL PROCESSIONS.

No vehicle, except police vehicles, fire department vehicles, when responding to emergency calls or orders in their several departments, ambulances responding to emergency calls, or vehicles carrying United States mails shall be driven through a funeral procession or cortege except with the permission of a police officer. (1971 Code, ' 5-606) Penalty, see ' 74.99 Statutory reference: Related provisions, see Neb. RS 60-6,140, 60-680

' 74.07 LITTERING.

It shall be unlawful for any person to drop, or cause to be left, upon any municipal highway, street or alley, except at places designated by the governing body, any rubbish, debris or waste. (1971 Code, ' 5-607) Penalty, see ' 74.99 Statutory reference: Related provisions, see Neb. RS 39-311

' 74.08 GLASS; POINTED OBJECTS.

No person shall throw, cast, lay or place upon any street any thorns, nails, tacks, glass, bottles, window glass or other articles made of, or containing, glass, and in case of an accident causing the breaking of any glass upon any street, the owner or person in charge of such glass, or the person responsible for such breakage, shall at once remove, or cause the same to be removed, from the street. (1971 Code, ' 5-608) Penalty, see ' 74.99 Statutory reference: Related provisions, see Neb. RS 39-311

' 74.09 SIGNS; DEFACING OR INTERFERING WITH.

No person shall, without lawful authority, attempt to or in fact alter, deface, injure, knock down or remove any traffic control device, any railroad sign or signal, or any part of such a device, sign or signal. (Neb. RS 60-6,129) Penalty, see ' 74.99

' 74.10 SIGNS; UNAUTHORIZED DISPLAY.

It shall be unlawful for any person to maintain or display upon, or in view of any street, any unofficial sign, signal or device which purports to be, is an imitation of or resembles an official traffic sign or signal which attempts to direct the movement of traffic, or which hides from view, or interferes with the effectiveness of any official sign or signal. Every such prohibited sign, signal or device is hereby declared to be a public nuisance, and any police officer is hereby empowered to remove the same, or cause it to be removed, without notice. (1971 Code, ' 5-610) Penalty, see ' 74.99 Statutory reference: Related provisions, see Neb. RS 60-6,127

' 74.11 CROWDING; FRONT SEAT.

Front seat occupancy of any automobile while the same is in the process of being started, or in motion, within the corporate limits shall be limited to one driver, and not more than two persons over the age of 12 years. It shall be unlawful for any person to operate a motor vehicle upon any street when such person has in his or her lap or in his or her embrace, another person, package or other incumbrance which prevents the free and unhampered operation of such vehicle. (1971 Code, ' 5-611) Penalty, see ' 74.99 Statutory reference: Related provisions, see Neb. RS 60-6,179

' 74.12 DRAGGING; ROPE, CHAIN.

No person shall permit any rope, strap, chain or other article to drop behind any vehicle while in use on the streets, except persons operating vehicles transporting gasoline, benzene or other flammable materials. (1971 Code, ' 5-612) Penalty, see ' 74.99 Statutory reference: Related provisions, see Neb. RS 60-680

' 74.13 RIDING; OUTSIDE VEHICLE.

No person shall permit any other person to ride on the running board, hood, top or fenders of any motor vehicle, nor shall any person ride on the running board, hood, top or fenders of any motor vehicle. (1971 Code, ' 5-613) Penalty, see ' 74.99 Statutory reference: Related provisions, see Neb. RS 60-6,179, 60-680

' 74.14 QUIET ZONES; UNNECESSARY NOISE.

All streets, or portions thereof, lying within 300 feet of any hospital, nursing home or school, and which have been declared to be Aquiet zones@ by the governing body shall be respected as such by all drivers, and no driver of any vehicle shall within such zones, make any unnecessary noise or sound the horn, or other warning device, of such vehicle except in an emergency. It shall be unlawful for any person in any part of said municipality to make, or cause to be made, any unnecessary noise with any signal device, or to use the same except as a road signal. (1971 Code, ' 5-614) Penalty, see ' 74.99 Statutory reference: Related provisions, see Neb. RS 60-680

' 74.15 SPEED LIMITS.

No person shall operate a motor vehicle on any street, alley or other public way within the corporate limits at a rate of speed greater than 25 mph, except as set forth in Chapter 76, Schedule I. (1971 Code, ' 5-615) (Ord. 564, passed 2-10-1997) Penalty, see ' 74.99

' 74.16 SPEED; PUBLIC PLACES.

Vehicles approaching railway stations, churches, public buildings or crowded spaces, must do so in a cautious manner, and always on the proper side of the street. (1971 Code, ' 5-616) Statutory reference: Related provisions, see Neb. RS 39-7,108

' 74.17 SPEED NEAR SCHOOLS.

It shall be unlawful for the driver of any vehicle, when passing premises on which school buildings are located, and which are used for school purposes, during school recess or while children are going to, or leaving school during the opening or closing hours to drive such vehicle at a rate of speed in excess of 15 mph past such premises, and such driver shall stop at all stop signs located at, or near, such school premises, and it shall be unlawful for such driver to make a U-turn at any intersection where such stop signs are located at, or near, such school premises. (1971 Code, ' 5-617) Penalty, see ' 74.99 Statutory reference: Related provisions, see Neb. RS 60-6,190

' 74.18 SPEED; ELECTRONIC DETECTION.

(A) Determinations made regarding the speed of any motor vehicle based upon the visual observation of any law enforcement officer may be corroborated by the use of radio microwaves or other electronic device. The results of such radio microwave or other electronic speed measurement may be accepted as competent evidence of the speed of such motor vehicle in any court or legal proceeding when the speed of the vehicle is at issue.

(B) Before the municipality may offer in evidence the results of such radio microwave or other electronic speed measurement for the purpose of establishing the speed of any motor vehicle, the municipality shall prove the following:

(1) The measuring device was in proper working order at the time of conducting the measurement;

(2) The measuring device was being operated in such a manner and under such conditions so as to allow a minimum possibility of distortion or outside interference;

(3) The person operating such device and interpreting such measurement was qualified by training and experience to properly test and operate the device; and

(4) The operator conducted external tests of accuracy upon the measuring device, within a reasonable time both prior to and subsequent to an arrest being made, and the measuring device was found to be in proper working order.

(C) The driver of any such motor vehicle may be arrested without a warrant under the authority herein granted if the arresting officer is in uniform or displays his or her badge of authority; provided, that such officer shall have observed the recording of the speed of such motor vehicle by the radio microwaves, or other electronic device or had received a radio message from the officer who observed the speed of the motor vehicle recorded by the radio microwaves or other electronic device. In the event of an arrest based on such a message, such radio message must have been dispatched immediately after the speed of the motor vehicle had been recorded, and must include a description of the vehicle and the recorded speed. (1971 Code, ' 5-618) (Ord. 390, passed 11-14-1983) Statutory reference: Related provisions, see Neb. RS 60-6,192

' 74.19 RECKLESS DRIVING.

Any person who drives a motor vehicle in such a manner as to indicate an indifferent or wanton disregard for the safety of persons or property shall be deemed to be guilty of reckless driving, and as such shall be punished by ' 74.99. (1971 Code, ' 5-621) Penalty, see ' 74.99 Statutory reference: Related provisions, see Neb. RS 60-6,212.01, 60-6,212.02, 60-6,212.26

' 74.20 CARELESS DRIVING.

Any person who drives any motor vehicle in this municipality carelessly or without due caution so as to endanger a person or property shall be guilty of careless driving. (1971 Code, ' 5-620.01) (Ord. 341, passed 12-10-1979) Penalty, see ' 74.99 Statutory reference: Related provisions, see Neb. RS 60-6,212

' 74.21 RECKLESS DRIVING; WILLFUL.

Any person who drives a motor vehicle in such a manner as to indicate a willful disregard for the safety of persons, or property shall be deemed to be guilty of willful, reckless driving and shall be punished by ' 74.99, and shall be ordered by the court as part of the judgment of conviction not to drive any motor vehicle for any purpose for a period of not less than 30 days nor more than one year from the date of payment of such fine. (1971 Code, ' 5-621) Penalty, see ' 74.99 Statutory reference: Related provisions, see Neb. RS 60-6,212.03 through 60-6,212.06

' 74.22 MOTOR VEHICLE; WRONGFUL TAKING.

Whoever wrongfully takes any automobile, or motorcycle from a garage, or any other place where the same may have been lawfully placed, without the consent of the owner, or who shall use any motor vehicle in bailment beyond that use which was originally intended or agreed upon, with intent to wrongfully use the automobile or motorcycle so taken, shall be fined as per ' 74.99, and shall also be liable to the party injured in double the amount of damages sustained. (1971 Code, ' 5-622) Penalty, see ' 74.99 Statutory reference: Related provisions, see Neb. RS 28-521

' 74.23 ACCIDENT; DRIVER=S DUTY.

(A) The driver of any vehicle involved in an accident upon a public highway, private road or private drive, resulting in injury or death to any person shall:

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

(2) Give his or her name, address and the registration number of his or her vehicle, and exhibit his or her operator=s, or chauffeur=s license, to the person struck, or the driver, or occupants, of any vehicle collided with; and

(3) Render to any person injured in such accident reasonable assistance, including the carrying of such person to a physician or surgeon for medical or surgical treatment if it is apparent that such treatment is necessary, or is requested by the injured person.

(B) The driver of any vehicle involved in an accident, whether upon the public highway, private road or private drive, resulting in damage to property shall:

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

(2) Give his or her name, address and the registration number of his or her vehicle, and exhibit his or her operator=s, or chauffeur=s license to the owner of the property struck, or the driver, or occupants of any other vehicle involved in the collision. (1971 Code, ' 5-623) Penalty, see ' 74.99 Statutory reference: Related provisions, see Neb. RS 60-696, 60-697

' 74.24 EMERGENCY REGULATIONS.

The Chief of Police is hereby empowered to make and enforce temporary traffic regulations to cover emergencies. (1971 Code, ' 5-625) Statutory reference: Related provisions, see Neb. RS 81-2005

' 74.25 POLICE; ENFORCEMENT.

(A) All peace officers are hereby specifically directed and authorized and it shall be deemed and considered a part of the official duties of each of such officers to enforce the provisions of Nebraska Rules of the Road and this title, including the specific enforcement of maximum speed limits, and any other state or village law regulating the operation of vehicles or the use of the highways.

(B) To perform the official duties imposed by this section, peace officers shall have the power:

(1) To make arrests upon view and without warrant for any violation committed in their presence of any of the provisions of the Motor Vehicle Operator=s License Act or this title or of any other law regulating the operation of vehicles or the use of the highways, if and when designated or called upon to do so as provided by law;

(2) To make arrests upon view and without warrant for any violation committed in their presence of any provision of the laws of this state relating to misdemeanors or felonies or of similar village ordinances if and when designated or called upon to do so as provided by law;

(3) At all times to direct all traffic in conformity with law or, in the event of a fire or other emergency or in order to expedite traffic or ensure safety, to direct traffic as conditions may require;

(4) When in uniform, to require the driver of a vehicle to stop and exhibit his or her operator=s license and registration certificate issued for the vehicle and submit to an inspection of such vehicle and the license plates and registration certificate for the vehicle and to require the driver of a motor vehicle to present the vehicle within five days for correction of any defects revealed by such motor vehicle inspection as may lead the inspecting officer to reasonably believe that such motor vehicle is being operated in violation of the statutes of the state, the rules and regulations of the Director of Motor Vehicles, or any village ordinance or regulation;

(5) To inspect any vehicle of a type required to be registered according to law in any public garage or repair shop or in any place where such a vehicle is held for sale or wrecking;

(6) To serve warrants relating to the enforcement of the laws regulating the operation of vehicles or the use of the highways; and

(7) To investigate traffic accidents for the purpose of carrying on a study of traffic accidents and enforcing motor vehicle and highway safety laws. (Neb. RS 60-683) Statutory reference: Motor Vehicle Operator=s License Act, see Neb. RS 60-462

' 74.26 POLICE; REFUSAL TO OBEY.

It shall be unlawful for any person to refuse, or fail to comply with, any lawful order, signal or direction of a police officer. (1971 Code, ' 5-627) Penalty, see ' 74.99 Statutory reference: Related provisions, see Neb. RS 60-680

' 74.27 POLICE; TRAFFIC OFFICERS.

The governing body or the municipal police may at any time detail officers, to be known as Atraffic officers@, at street intersections. All traffic officers shall be vested with the authority to regulate and control traffic at the intersections to which they are assigned. It shall be their duty to direct 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 traffic officer notwithstanding the directive of a stop sign, or signal device, which may have been placed at any such intersection. (1971 Code, ' 5-628) Statutory reference: Related provisions, see Neb. RS 60-6,212.21, 60-680, 39-6,192

' 74.28 CITATIONS; DISPOSITION AND RECORDS.

(A) The municipal police, upon issuing a traffic citation to an alleged violator of any provision of this chapter, shall deposit a copy of the traffic citation with the court having jurisdiction over the alleged offense, unless the citation is just a warning.

(B) Upon the deposit of the original traffic citation with the court, said original citation may be disposed of only by trial in said court, or other official action by the judge of the court, including a forfeiture of bail, or by the deposit of sufficient bail with, or payment of a fine to the court by the person to whom such traffic citation has been issued.

(C) It shall be unlawful for the municipal police to dispose of a traffic citation, or copies thereof, or of the record of the issuance of the same in a manner other than required herein.

(D) The Municipal Clerk shall require the return of all copies of every traffic citation which has been spoiled, or upon which any entry has been made, and not issued to an alleged violator. (1971 Code, ' 5-629) Penalty, see ' 74.99 Statutory reference: Related provisions, see Neb. RS 29-422, 29-424

' 74.29 CITATIONS; FORM.

(A) The Municipal Clerk shall provide, in appropriate form, traffic citations containing notices to appear which shall be issued in books with citations in duplicate.

(B) The Municipal Clerk shall be responsible for the issuance of such books, and shall maintain a record of every such book, and each citation number therein issued to the municipal police shall require and retain a receipt for every book so issued. (1971 Code, ' 5-630)

' 74.30 CITATION; ILLEGAL CANCELLATION.

(A) Any person who cancels, or solicits the cancellation of any traffic citation in any manner other than as provided herein, shall be guilty of a misdemeanor.

(B) All records of traffic citations required herein shall be audited at least biennially by a member of the governing body. (1971 Code, ' 5-631) Penalty, see ' 74.99 Statutory reference: Related provisions, see Neb. RS 60-680

' 74.31 SUMMONS; DESTRUCTION.

It shall be unlawful for any person to tear up, or destroy, a parking tag placed upon any vehicle by the municipal police, or to disregard the summons contained on such tag, and fail to appear in court as directed by said tag. (1971 Code, ' 5-632) Penalty, see ' 74.99 Statutory reference: Related provisions, see Neb. RS 60-680

' 74.32 TRAFFIC CASES; RECORDS.

(A) The Police Judge shall keep, or cause to be kept, a record of every traffic citation presented to the court, and shall keep a record of every official action by the court, including, but not limited to, a record of every conviction, or forfeiture, resulting from every said traffic complaint, or citation, deposited with, or presented to, the court.

(B) Within five days after the conviction or forfeiture of bail or any person charged with violating any provisions herein, the magistrate shall prepare, and immediately forward to the Director of the Department of Motor Vehicles an abstract of the record of the court covering the case in which the person was so convicted or forfeited bail. This abstract must be certified by the person so required to prepare the same to be true and correct, a report need not be made of any conviction involving the illegal parking or standing of a vehicle.

(C) The abstract must be made upon a form furnished by the Director of the Department of Motor Vehicles, and shall include the name and address of the party charged, the number if any, of his or her operator=s or chauffeur=s license, the registration number of the vehicle involved, the nature of the offense, the date of hearing, the plea, the judgment, or whether bail was forfeited, and the amount of the fine or forfeiture as the case may be. (1971 Code, ' 5-633) Statutory reference: Related provisions, see Neb. RS 39-794

' 74.33 RADAR DEVICE; PROHIBITED.

(A) It shall be unlawful for any person to operate or possess any radar transmission device while operating a motor vehicle on any road, street, highway or interstate highway in this municipality, except that this section shall not apply to any such device which has been lawfully licensed by the Federal Communications Commission or is being used by law enforcement officials in their official duties.

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

POSSESSION. To have a device defined above in a motor vehicle if such device is not:

(a) Disconnected from all power sources; and

(b) In the rear trunk, which shall include the spare tire compartment, or any other compartment which is not accessible to the driver or any other person in the vehicle while such vehicle is in operation. If no such compartment exists in a vehicle, then such device must be disconnected from all power sources and be placed in a position not readily accessible to the driver or any other person in the vehicle.

RADAR TRANSMISSION DEVICE. Any mechanism designed to interfere with the reception of radio microwaves in the electromagnetic spectrum, which microwaves, commonly referred to as radar, are employed by law enforcement officials to measure the speed of motor vehicles.

TRANSCEIVER. An apparatus contained in a single housing, functioning alternately as a radio transmitter and receiver. (1971 Code, ' 5-634) (Ord. 376, passed 10-11-1982) Penalty, see ' 74.99 Statutory reference: Related provisions, see Neb. RS 60-6,274 through 60-6,276

' 74.99 PENALTY.

(A) Every person convicted of violating the provisions of this chapter relative to the duty to stop in the event of certain accidents shall be punished by a fine of not more than $500. In addition thereto, the court may, in its discretion, revoke the operator=s or chauffeur=s license of the person so convicted for a period not to exceed one year. (1971 Code, ' 5-624)

(B) Whosoever shall be guilty of such littering (' 74.07) will be fined not less than $50, nor more than $500. (1971 Code, ' 5-607)

(C) Any person who drives a motor vehicle in such a manner as to indicate an indifferent or wanton disregard for the safety of persons or property (' 74.19) shall be deemed to be guilty of reckless driving, and as such shall be punished by a fine of not more than $500. (1971 Code, ' 5-621)

(D) Any person who drives a motor vehicle in such a manner as to indicate a willful disregard for the safety of persons, or property shall be deemed to be guilty of willful, reckless driving (' 74.21) and shall be punished by a fine of not more than $500, and shall be ordered by the court as part of the judgment of conviction not to drive any motor vehicle for any purpose for a period of not less than 30 days nor more than one year from the date of payment of such fine. (1971 Code, ' 5-621)

(E) Whoever wrongfully takes any automobile, or motorcycle from a garage, or any other place where the same may have been lawfully placed, without the consent of the owner, or who shall use any motor vehicle in bailment beyond that use which was originally intended or agreed upon, with intent to wrongfully use the automobile or motorcycle so taken (' 74.22), shall be fined $500, and shall also be liable to the party injured in double the amount of damages sustained. (1971 Code, ' 5-622) Statutory reference: Related provisions, see Neb. RS 60-696, 60-698

CHAPTER 75: ALL-TERRAIN VEHICLES

Section

75.01 All-Terrain vehicles; defined

75.02 Compliance

75.03 Equipment

75.04 Operation

75.05 Prohibitions

75.06 Competition

75.07 Accident report

75.08 Registration

75.09 Operator=s age; license; insurance; rules of the road

75.10 Work permit

75.11 Local requirement

75.12 Hours

75.99 Penalty

' 75.01 ALL-TERRAIN; DEFINITIONS.

For purposes of this chapter:

(A) ALL-TERRAIN, UTILITY, and GOLF CART VEHICLE means any motorized off-highway vehicle which (a) is 60 inches or less in width, (b) travels on three or more low pressure tires, (c) is designed for operator use only with no passengers or is specifically designed by the original manufacturer for the operator or more passengers, (d) has a seat or saddle designed to be straddled by the operator, and (e) has handlebars or any other steering assembly for steering control. (Neb. RS 60-6,355)

(B) Street or highway means the entire width between the boundary limits of any street, road, avenue, boulevard, or way which is publicly maintained when any part thereof is open to use of the public order for purposes of vehicular travel. (Neb. RS 60-624) (Ord. 792, passed 8-9-2016)

' 75.02 COMPLIANCE.

An all-terrain, utility, and golf cart vehicle may be operated on the streets and highways within the corporate limits of the village, only if the operator and vehicle comply with the provisions of this chapter. (Ord. 792, passed 8-9-2016)

' 75.03 EQUIPMENT.

An all-terrain, utility, and golf cart and utility vehicles may be operated on the streets and highways within the corporate limits of the village, only if such vehicle is equipped with headlights, taillights, brake lights, an OEM (stock) muffler, and a federally approved bicycle safety flag which extends not less than five feet above ground attached to the rear of such vehicle. The bicycle safety flag shall be triangular shape with an area of not less than 30 square inches and shall be day glow in color. Golf carts are exempt from the headlight, taillights, and break light requirement. (Ord. 792, passed 8-9-2016)

' 75.04 OPERATION.

(A) Any person operating an all-terrain, utility, and golf cart vehicle as authorized in ' 75.02 shall have:

(1) A valid class O operator's license; and

(2) Liability insurance coverage for the all-terrain, utility, and golf cart vehicle while operating the all-terrain, utility, and golf cart vehicle on a street or highway. The person operating the all-terrain, utility, and golf cart vehicle shall provide proof of such insurance coverage to any police officer requesting such proof within five days of such a request.

(B) All-terrain, utility, and golf cart vehicles may be operated, without complying with division (A) above and ' 75.03, on streets and highways in parades which have been authorized by the State of Nebraska or any department, board, commission, or political subdivision of the state.

(C) All-terrain, utility, and golf cart vehicles shall not be operated on any controlled -access highway with more than two marked traffic lanes, and the crossing of any controlled-access highway with more than two marked traffic lanes shall not be permitted.

(D) The crossing of a street or highway shall be permitted by an all-terrain, utility, and golf cart vehicle, without complying division (A) and ' 75.03, only if:

(1) The crossing is made at an angle proximately 90? to the direction of the street or highway and at a place where no obstruction prevents a quick and safe crossing;

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

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

(4) In crossing a divided highway, the crossing is made only at the intersection of such highway with another highway; and

(5) Both the headlight and taillight of the vehicle are on at the time the crossing is made. (Neb. RS 60-6,356) (Ord. 792, passed 8-9-2016)

' 75.05 PROHIBITIONS.

No person shall:

(A) Equip the exhaust system of an all-terrain, utility, and golf cart vehicle with a cutout, bypass, or similar device;

(B) Operate an all-terrain, utility, and golf cart vehicle with an exhaust system so modified; or

(C) Operate An all-terrain, utility, and golf cart vehicle with the spark arrester removed or modified except for use in closed-course competition events. (Ord. 792, passed 8-9-2016) Penalty, see ' 75.99

' 75.06 COMPETITION.

All-terrain, utility and golf cart vehicles participating in competitive events may be exempted from ' 75.04 above at the discretion of the Chairman of the Board. (Ord. 792, passed 8-9-2016) Statutory reference: Similar provisions, see Neb. RS 60-2806

' 75.07 ACCIDENT REPORT.

If an accident results in the death of any person or in the injury of any person which requires the treatment of the person by a physician, the operator of each all-terrain, utility and golf cart vehicle involved in the accident shall give notice of the accident in the same manner as provided in Neb. RS 60-505. (Ord. 792, passed 8-9-2016) Statutory reference: Similar provisions, see Neb. RS 60-2807

' 75.08 REGISTRATION.

(A) In order to be authorized for operation on the streets and highways of the village, an all-terrain, utility, and golf cart vehicle must be registered in the office of the Village Clerk. A registration sticker will be issued upon submitting proof the following:

(1) An inspection from village personnel indicating that the all-terrain, utility, and golf cart vehicle complies, in full, with the equipment requirements identified in ' 75.03.

(2) Proof of liability insurance coverage for the all-terrain, utility, and golf cart vehicle while operating such vehicle on a street or highway.

(3) A $25 annual fee for registration of the vehicle. A $50 annual fee shall be required of dealers of all-terrain, utility, and golf cart vehicles within the village. All such fees shall be credited to the police department fund of the village. The registration sticker will entitle the all-terrain, utility, and golf cart vehicle to be operated on the streets and highways of the village from January 1 in any year to December 31 the following year and shall be renewable annually. The annual fee shall not be prorated. A registration sticker shall be displayed on the left lower corner of the windshield of such vehicle, or if the vehicle is not equipped with a windshield at the left front of such vehicle.

(B) Upon compliance with the registration requirements identified herein, the Village Clerk shall issue a registration sticker for the all-terrain, utility, and golf cart vehicle being registered. Said registration sticker must be prominently displayed upon said vehicle at all times while such vehicle is in operation on the streets and highways of the village. (Ord. 792, passed 8-9-2016) Penalty, see ' 75.99

' 75.09 OPERATOR=S AGE; LICENSE; INSURANCE; RULES OF THE ROAD.

Any person operating an all-terrain, utility, and golf cart vehicle as authorized by this chapter shall be at least 20 years old and shall possess a valid driver's license issued by the State of Nebraska or another state. The individual operating the all-terrain, utility, and golf cart vehicle shall provide proof of insurance coverage as required elsewhere in this chapter to any police officer requesting such proof within five days of the request being made. No person shall operate an all-terrain, utility, and golf cart vehicle on the streets or highways of the village in violation of the Nebraska rules of the road as established by the Revised Statutes of the State of Nebraska. (Ord. 792, passed 8-9-2016) Penalty, see ' 75.99

' 75.10 WORK PERMIT.

(A) The village may issue a work permit to an operator that otherwise complies with all the terms of this chapter with the exception of age. A work permit shall be issued by the Village Clerk, upon receipt of the following:

(1) Application signed by the applicant, who is at least 16 years of age as of the date thereof, and the parent or legal guardian of the applicant. The applicant will acknowledge receipt of a copy of this chapter and certification of the applicant and parent/guardian that the applicant will fully comply with all provisions thereof.

(2) Upon issuance of a work permit, the holder thereof may operate an all-terrain, utility, and golf cart vehicle for legitimate employment purposes (snow removal, lawn care or agricultural use), and in addition, holder may operate an all-terrain, utility, and golf cart vehicle to or from the site where the operator is engaged in such employment and the residence of the operator, over the most direct and accessible route through the streets of the village.

(B) The holder of the work permit shall not use any type of interactive wireless communication device while operating an all-terrain, utility, and golf cart vehicle on the streets of the village. (Ord. 792, passed 8-9-2016) Penalty, see ' 75.99

' 75.11 LOCAL REQUIREMENT.

(A) Any operation of an all-terrain, utility, and golf cart vehicle within the village limits shall, in addition to the requirements above, obey all municipal traffic ordinances and regulations, including, but not limited to, posted speed limits and stop signs; and

(B) Any operator who is 20 years or younger must wear a D.O.T. certified motorcycle helmet at all times. (Ord. 792, passed 8-9-2016) Penalty, see ' 75.99

' 75.12 HOURS.

(A) An all-terrain, utility, and golf cart vehicle may be operated only between the hours of sunrise and sunset, unless equipped with operable snow plow blade and apparatus, and shall not be operated at a speed in excess of the posted speed limit and in no event in excess of 30 mph.

(B) All-terrain, utility, and golf cart vehicles may be operated inside the corporate limits of the village by electric utility personnel within the course of their employment in accordance with the operation requirements, with the exception that the operation of such vehicle need not be limited to the hours between sunrise and sunset. (Ord. 792, passed 8-9-2016) Penalty, see ' 75.99

' 75.99 PENALTY.

A person who is found to be in violation of this chapter shall be guilty of a misdemeanor punishable by a minimum fine of $100 and up to a maximum fine of $300 for each separate offense. (Ord. 792, passed 8-9-2016)

CHAPTER 76: TRAFFIC SCHEDULES

Schedule

I. Speed limits

SCHEDULE I. SPEED LIMITS.

No person shall operate a motor vehicle on any street, alley or other public way within the corporate limits at a rate of speed greater than 25 mph, except as set forth below.

(A) No person shall operate a motor vehicle at a speed greater than 35 mph on Highway N-25 from the junction of U.S. 34 to E Street.

(B) No person shall operate a motor vehicle at a speed greater than 45 mph on Highway N-25 from the junction of East A Street to the Republican River Bridge, the same being the south corporate limits of said municipality.

(C) No person shall operate a motor vehicle at a speed greater than 50 mph on U.S. Highway 34 from the junction of U.S. Highway 34 and Highway N-25 east 475 feet to the east corporate limits of said municipality. (1971 Code, ' 5-615) Penalty, see ' 70.99

CHAPTER 77: PARKING SCHEDULES

Schedule

I. No parking

SCHEDULE I. NO PARKING.

No vehicle shall be parked on or along the highway or right-of-way of Highway US-34. (1971 Code, ' 5-405.01) (Ord. 451, passed 8-8-1988) Penalty, see ' 70.99