Article 4. Parking
§5-401 Falls City Code §5-404
Article 4. Parking
§5-401 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. (Ref. 39-674
RS Neb.)
§5-402 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 twelve inches (12″)
of the curb or edge of the roadway, and so as to leave at least
four feet (4′) between the vehicle so parked and any other parked
and any other parked vehicles, except where the Governing Body
designates that vehicles shall be parked at an angle so as to have
the front right wheel at the curb or edge of the roadway. Where
stalls are designated either on the curb or pavement, vehicles
shall be parked within such stalls. No vehicle shall be parked
upon a roadway when there is a shoulder adjacent to the roadway
which is available for parking. No person shall park a vehicle so
as to obstruct a crosswalk, private driveway, or drive, for any
period of time. No person shall park a vehicle or permit it to
stand within twenty feet (20′) in either direction from the
entrance of any fire station. (Ref. 60-680,60-6,167 RS Neb.)
Amended Ord.94-115
§5-403 PARKING; AREAS. The Governing Body may, by resolution,
set aside any street, alley, public way, public property, or
portion thereof for the parking of any particular kind or 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. (Ref. 39-697 RS Neb.)
§5-404 PARKING; OBSTRUCTING ALLEY. No vehicle, while parked
shall have any portion thereof projecting into any alley entrance.
(Ref. 39-697 RS Neb.)
§5-405 PARKING; ALLEYS. 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 (1/2) hour. 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.
(Ref. 39-697 RS Neb.)
§5-406 PARKING; PROHIBITED. No vehicle shall be parked or left
standing at any time where official “No Parking” signs have been
erected or official yellow lines indicating no parking are painted
on the curb or road surface.
§5-406.01 PARKING; SIDEWALK SPACE. It shall be unlawful for any
person or owner of a motor vehicle or trailer to drive or allow to
be parked or placed, or caused to be parked or placed, any motor
vehicle or trailer upon any part of the sidewalk space between the
lot line and the adjacent curb; provided that said space has not
been approved for off-street parking by obtaining a permit for
construction as provided by the Governing Body.
If any section, subsection, sentence, clause or phrase of this
section is for any reason held to be unconstitutional or invalid,
such decision shall not affect the validity of the remainder of
this section, since it is the express intent of the Mayor and City
Council to enact each section, subsection, sentence, clause or
phrase separately.
§5-407 PARKING; FIRE HYDRANTS AND STATIONS. No vehicle shall be
parked within fifteen feet (15′) in either direction of any fire
hydrant. The curb space within such area of fifteen feet (15′) in
either direction of such fire hydrant shall be painted yellow to
indicate such prohibition. (Ref. 39-672 RS Neb.)
§5-408 PARKING; STREET INTERSECTIONS. Except in compliance with
traffic control devices, no vehicle shall be parked or left
standing for any purpose, within twenty-five feet (25′) of the
intersection or curb lines, or if none, then within fifteen feet
(15′) of the intersection of property lines, nor where said curb
lines are painted yellow to indicate such prohibition. (Ref. 39-
672 RS Neb.)
§5-409 PARKING; OBSTRUCTING TRAFFIC. No vehicle shall, except
in case of an accident or emergency, stop within any street in a
manner which obstructs traffic on said street.
§5-409.01 PARKING; IN ROADWAY. Except as allowed by section 5-
409.02. No person shall stop, stand or park any vehicle on the
roadway side of any vehicle stopped or parked at the edge or curb
of a street.
§5-409.02 PARKING; UNLOADING COMMERCIAL VEHICLES IN CONGESTED
DISTRICT. Within the congested district as defined in section 5-
608, except for Harlan Street, commercial vehicles having a load
capacity of more than one ton and a length of more than 19 feet may
stop, park or stand on the roadway side of a parked vehicle
for the limited purpose of loading and unloading provided said
vehicle:
a. Shall not remain for more than 20 minutes;
b. Shall not obstruct more than one lane of traffic;
c. Shall be moved upon request to allow parked vehicles to
exit.
§5-410 PARKING; CURB. No vehicle shall park on any street with
its left side to the curb, unless said street has been designated
to be a “one-way” street by the Governing Body. Vehicles shall not
be parked at any curb in such a position as to prevent another
vehicle already parked at the curb from moving away. (Ref. 39-673
RS Neb.)
§5-411 PARKING; RESTRICTED. No person shall park or leave
standing any truck, bus, tractor, trailer, farm implement, feed
grinder, or vehicle in commercial use, except while in the process
of immediately loading or unloading on the following streets:
1. On Towle Street between 16th and 19th Streets.
2. On Barada Street between 17th and 19th Streets.
3. On 17th Street between Towle and Barada Streets.
§5-411.01 PARKING; UNLOADING ZONE. No person shall park or leave
standing any vehicle of any description where the curb or road
surface is painted or designated for an unloading zone, except
while in the process of immediately loading or unloading.
§5-411.02 PARKING: SCHOOL AND PASSENGER LOADING ZONES. Any area
designated as a loading zone adjacent to any public or private
school or to the head start center or designated as a passenger
loading zone, shall be used only for the immediate loading or
unloading of passengers. It shall be unlawful for the driver of
any vehicle to exit the vehicle while stopped in a school or
passenger loading zone except to aid a passenger in immediately
entering or exiting the vehicle.(Added Ord. # 94-128 9/6/94).
§5-412 PARKING; LONG VEHICLES. Vehicles which have an overall
length in excess of nineteen feet (19′) shall not be parked in
zones marked for angle parking.
§5-413 PARKING; CURBS, PAINTED. It shall be the duty of the
Street Superintendent to cause the curb space to be painted and
keep the same painted as provided in this Article. 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
Article. 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 using the following color
codings:
A. Yellow: the use of yellow paint upon the curb or road
surface of any street shall indicate that parking and stopping of
vehicles is entirely prohibited within such areas.
B. Red: The use of red paint on the curb or road surface of
any street shall indicate that such space has been set aside for a
loading and unloading zone.
C. Blue: The use of blue paint on the curb or road surface
of any street shall indicate that such space has been set aside as
reserved for handicapped parking only as provided for in this
Chapter. (Ref. 39-697 RS Neb.)
§5-414 PARKING; MAXIMUM TIME LIMIT. The parking of a motor
vehicle on a public street for over twenty-four (24) consecutive
hours is unlawful, except where a different maximum time limit is
posted. (Ref. 39-697 RS Neb.)
§5-415 PARKING; HANDICAPPED OR DISABLED PERSONS; DESIGNATION OF ONSTREET
PARKING SPACES; DISPLAY OF PERMITS. (1) The Governing Body
may designate parking spaces 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. 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.
(2) If the Governing Body so designates a parking space,
it shall be indicated by posting aboveground and immediately
adjacent to and visible from each space a sign which is in
conformance with the Manual on Uniform Traffic Control Devices. In
addition to such sign, the space may also be indicated by blue
paint on the curb or edge of the paved portion of the street
adjacent to the space. (RS Neb. 18-1736, 18-1737) (Ord. #99-124)
§5-416 PARKING; HANDICAPPED OR DISABLED PERSONS; DESIGNATION OF
OFF-STREET PARKING STALLS OR SPACES. The Governing Body and any
person in lawful possession of any Off-street parking facility may
designate stalls or spaces in such facility for the exclusive of
(a) handicapped or disabled persons whose motor vehicles display
the distinguishing license plates issued to such individuals
pursuant to section 60-311.14 RS Neb., (b) such other handicapped
or disabled persons or temporarily handicapped or disabled persons,
as certified by the municipality, whose vehicles display the permit
specified in section 18-1739 RS Neb., and (c) such other motor
vehicles, as certified by the Municipality, which display such
permit. Such designation shall be made by posting aboveground and
immediately adjacent to and visible from each stall or space a sign
which is in conformance with the Manual on Uniform Traffic Control
Devices. (Ref. 18-1737 RS Neb.) (Amended: Ord. #94-117; Ord. #97-
122)
§5-417 PARKING; HANDICAPPED OR DISABLED PERSONS; HANDICAPPED
PARKING INFRACTION; DEFINED. For purposes of this article:
(1) Handicapped or disabled person shall mean any individual with
a severe visual or physical impairment which limits personal
mobility and results in an inability to travel unassisted more than
two hundred feet (200′) without the use of a wheelchair, crutch,
walker, or prosthetic, orthotic, 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;
(2) Temporarily handicapped or disabled person shall mean any
handicapped or disabled person whose personal mobility is expected
to be limited in such manner for no longer than one (1) year; and
(3) Handicapped parking infraction shall mean the violation of any
section of this Article regulating (a) the use of parking spaces
designated for use by handicapped or disabled persons or (b) the
obstruction of any wheelchair ramps constructed or created in
accordance and in conformity with the federal Americans with
Disabilities Act of 1990. (Ref. 18-1738, 18-1741.01 RS Neb.)
(Amended: Ord. #97-123)
§5-418 PARKING; HANDICAPPED OR DISABLED PERSONS; PERMIT ISSUANCE.
(1) The Municipal Clerk shall take an application 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 provided for by this Article when
the holder of the permit will enter or exit the motor vehicle while
it is parked in such spaces. For purposes of this section, the
handicapped or disabled person or temporarily handicapped or
disabled person shall be considered the holder of the permit.
(2) The Municipal Clerk shall not accept the application for
a permit of any person making application contrary to the
provisions of section 18-1738.02 RS Neb.
(3) 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 signed by a
physician, physician assistant, or nurse practitioner certifying
that the person who will be the holder meets the definition of
handicapped or disabled person or temporarily handicapped or
disabled person. In the case of a temporarily handicapped or
disabled person, the certifying physician, physician assistant, or
nurse practitioner shall indicate the estimated date of recovery or
that the temporary handicap or disability will continue for a
period of six (6) months, whichever is less.
(4) A person may hold only one permit under this section and
may hold either a permit under this section or a permit under
section 5-419, but not both.
(5) 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. (Ref. 18-1738, 18-
1738.02 RS Neb.) (Amended: Ord. #97-124)
§5-419 PARKING; HANDICAPPED OR DISABLED PERSONS; MOTOR VEHICLE
PERMIT ISSUANCE. (1) 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
provided for by this Article 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.
(2) The Municipal Clerk shall not accept the application for
a permit of any person making application contrary to section 18-
1738.02 RS Neb.
(3) 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.
(4) 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 section 5-418, but not both.
(5) 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. (Ref. 18-1738.01,
18-1738.02 RS Neb.) (Amended: Ord. #97-125)
§5-420 PARKING; HANDICAPPED OR DISABLED PERSONS; PERMIT CONTENTS;
PROHIBITED ISSUANCE; DUPLICATE PERMITS. (1) The permit issued for
handicapped or disabled parking shall be constructed of a durable
plastic designed to resist normal wear or tear of fading for the
term of the permit’s issuance and printed so as to minimize the
possibility of alteration following issuance. The permit shall be
of a design, size, configuration, color, and construction and
contain such information as specified in the rules and regulations
adopted and promulgated by the United States Department of
Transportation in the Uniform System for Handicapped Parking, 23
C.F.R. part 1235.
(2) In addition to the requirements of subsection (1) of this
section, the permit shall show such identifying information with
regard to the handicapped or disabled person or temporarily
handicapped or disabled person to whom it is issued as is necessary
to the enforcement of this Article.
(3) 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
section 5-442. At the expiration of such suspension, a permit may
be renewed upon the payment of the permit fee.
(4) A duplicate permit may be voided without cost if the
original permit is destroyed, lost, or stolen. 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. A duplicate permit shall be valid for the
remainder of the period for which the original permit was issued.
(Ref. 18-1739 RS Neb.) (Amended: Ord. #97-126)
§5-421 PARKING; HANDICAPPED OR DISABLED PERSONS; PERMITS; PERIOD
VALID; RENEWAL; FEE. (1) All permits authorized under this Article
for handicapped or disabled parking prior to September 10, 1993,
shall be issued for a period ending January 1 of the fourth year
following the date of issuance. All permits authorized under this
Article for handicapped or disabled parking after September 9,
1993, and before September 10, 1995, shall be issued for a period
of three (3) years. Upon the expiration of a permanent permit, it
may be renewed pursuant to the provision of this section and
section 5-418 or 5-419. After September 9, 1995, all permanently
issued permits authorized by this Article shall be issued for a
period ending September 30 of the third year following the date of
issuance and shall expire on that date, except that an application
for the renewal of a permit filed with the Municipal Clerk within
thirty (30) days of the date after its expiration shall be deemed
to have been filed prior to the date of its expiration. The
possession of an expired but otherwise valid handicapped parking
permit with thirty (30) days following the date of its expiration
shall serve as a full and complete defense in any action for a
handicapped parking infraction resulting from the absence of a
handicapped parking permit arising the that thirty-day period.
(2) All permits authorized under this Article after September
9, 1995, for temporarily handicapped or disabled parking shall be
issued for a period ending not more than six (6) months after the
date of issuance but may be renewed for a one-time period not to
exceed six months. For the renewal period, there shall be
submitted an additional application with proof of handicap or
disability and the required permit fee.
(3) A permit fee of three dollars ($3.00) shall be charged for
each permit, two dollars ($2.00) of which shall be retained by the
Municipal Clerk and one dollar ($1.00) of which shall be forwarded
on a quarterly basis to the State Treasurer for credit to the
Department of Motor Vehicles Cash Fund. (Ref.18-1740 RS Neb)
(Amended: Ord. #97-127)
§5-422 PARKING; HANDICAPPED OR DISABLED PERSONS; PERMITS
NONTRANSFERABLE; VIOLATIONS; SUSPENSION. Permits issued under
this Article 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
Article. No person shall knowingly hold more than one permit or
knowingly provide false information on an application for a permit.
Any violation of this section shall be cause for suspension of such
permit for a period of six (6) months. At the expiration of such
period, a suspended permit may be renewed upon payment of the
permit fee. (Ref. 18-1741 RS Neb.) (Amended: Ord. #97-128)
§5-423 PARKING; HANDICAPPED OR DISABLED PERSONS; REMOVAL OF
UNAUTHORIZED VEHICLE; PENALTY. (1) The owner or person in lawful
possession of an Off-street parking facility, after notifying the
Police or Sheriff’s Department, and the Municipality providing Onstreet
parking or owning, operating, or providing an Off-street
parking facility may cause the removal, from a stall or space
designated exclusively for handicapped or disabled persons or
temporarily handicapped or disabled persons or motor vehicles for
the transportation of such persons, of any vehicle not displaying
the proper permit or the distinguishing license plates specified in
the Article if there is posted aboveground and immediately adjacent
to and visible from such stall or space a sign which clearly and
conspicuously states the area so designated as a tow-in zone.
(2) Anyone who parks a vehicle in any On-street parking space
which has been designated exclusively for handicapped or disabled
persons or temporarily handicapped or disabled persons or motor
vehicles for the transportation of such persons, or in any so
exclusively designated parking space in any Off-street parking
facility, without properly displaying the proper permit or when the
handicapped or disabled person to whom or for whom the license
plate or permit is issued will not enter or exit the vehicle while
it is parked in the designated space shall be guilty of a
handicapped parking infraction as defined in section 5-417 and
shall be subject to the procedures set forth in section 5-423.01
and the penalty provided for the this Chapter. 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 penalty provided for in this Chapter.
(3) In the case of a privately owned Off-street parking
facility, the owner or person in lawful possession of such facility
shall not be required to inform the Municipality of a violation of
this section prior to the Municipality issuing the violator a
handicapped parking infraction citation. (Ref. 18-1737 RS Neb.)
(Amended: Ord. #97-129)
§5-423.01 PARKING; HANDICAPPED OR DISABLED PERSONS; CITATION,
ISSUANCE; COMPLAINT; TRIAL; DISMISSAL. (1) 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.
(2) When a handicapped parking citation is issued for a
handicapped parking infraction, the person 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 (3) days after the issuance of the handicapped parking
citation. One (1) copy of the handicapped parking citation shall
be delivered to the person cited or attached to the offending motor
vehicle.
(3) At least twenty-four (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.
(4) 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.
(5) 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
section 18-1738 or 18-1738.01 RS Neb., the complaint shall be
dismissed if, within seven (7) 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 section 18-
1738 or 18-1738.01 RS Neb. and that the peace officer has
personally viewed the permit. (Ref. 18-1741.01, 18-1741.04, 18-
1741.06 RS Neb.) (Amended: Ord. #97-130)
§5-424 PARKING OF DETACHED TRAILER. It shall be unlawful for an
owner or operator to park a trailer detached from its motor vehicle
on the streets in the business or residential district of the City.
§5-425 PARKING; OWNER OF VEHICLE RESPONSIBLE FOR ILLEGAL
PARKING. Every vehicle parked or left standing upon any street,
alley, public way or public property shall have valid license
plates attached thereto which are issued for the vehicle to which
such license plates are attached and are registered in the name of
the owner of the vehicle in accordance with the laws of this State
or of the State wherein the license was issued. If any vehicle is
found upon any street or alley or other public property in
violation of any of the provisions of this Chapter regulating the
stopping, standing or parking of vehicle, and the identity of the
driver cannot be determined, the owner or person in whose name
such vehicle is registered shall be held prima facie responsible
for such violation.
§5-426 PARKING; YIELD RIGHT-OF-WAY FROM A PARKED POSITION. The
driver of a vehicle entering any traffic lane from a parked
position shall yield the right-of-way to any vehicle approaching in
such traffic lane or so close thereto as to constitute an immediate
hazard.
§5-427 PARKING; LEAVING OF WRECKED, NONOPERATING VEHICLES ON
STREETS. No person shall leave a partially dismantled,
nonoperating, wrecked or junked vehicle on any street, highway,
alley or other public property within the corporation limits of
Falls City.
§5-428 OWNER OF VEHICLE RESPONSIBLE FOR ILLEGAL PARKING. In
cases of parking violations the Police Office may attach to such
vehicle a notice to the owner or operator thereof that such vehicle
has been parked in violation of a provision of this Chapter and
instructing such owner or operator to report to the Police Station
of the City of Falls City in regard to such violation. Each such
owner or operator shall, within forty-eight (48) hours from the
time such notice was attached to such vehicle, pay at the Police
Station as a penalty in full satisfaction of such violation a sum
set by resolution of the Governing Body. The failure of such owner
or operator to make such payment within forty-eight (48) hours
shall render the owner or operator subject to the penalties
provided for in section 5-701.
This section is supplementary to other regulations of parking
provided for in this Chapter.
§5-429 PARKING; REMOVAL OF ILLEGALLY PARKED VEHICLES.
Whenever any Police Officer shall find a vehicle standing upon a
street or alley in violation of any of the provisions of the
Nebraska Rules of the Road, such individual may remove or have such
vehicle removed, or require the driver or other person in charge of
the vehicle to move such vehicle, to a position off the roadway of
such street or alley or from such street or alley.
The owner or other person lawfully entitled to the possession
of any vehicle towed or stored shall be charged with 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 any
vehicles. (Ref. 39-671, 39-697 RS Neb.)
§5-430 RESTRICTED PARKING LOTS; UNAUTHORIZED PARKING; SIGNS
DESIGNATING. Any person parking a motor vehicle in a properly
posted, restricted parking lot without the consent of the owner or
tenant authorized to give permission shall be guilty of an
infraction and the vehicle shall be subject to being towed away at
the request of such lot owner or tenant. Any person found guilty
under this section shall be subject to the penalties provided in
section 5-701 for infractions. If the identity of the operator of
a motor vehicle in violation of this section cannot be determined,
the owner or person in whose name such vehicle is registered shall
be held prima facie responsible for such infraction. When any law
enforcement officer observes or is advised that a motor vehicle may
be in violation of this section, he or she shall make a
determination as to whether a violation has in fact occurred and if
so shall personally serve or attach to such motor vehicle a
citation pursuant to the provisions of section 29-424 R.R.S. Neb.,
directed to the owner or operator of such vehicle, which shall set
forth the nature of the violation. Any person who refuses to sign
the citation or otherwise comply with the command of the citation
shall be punished as provided by section 5-701. As used in this
section, law enforcement officers shall include any authorized
representative of a law enforcement agency. Signs designating a
restricted parking lot shall be readily visible and shall state the
purpose or purposes for parking on the restricted parking lot,
state the hours for restricted parking, and state who to contact
for information regarding a towed vehicle.
§5-431 MUNICIPAL PARKING LOT; LARGE VEHICLES. It shall be
unlawful to park any weight licensed vehicle with a license
capacity of greater than five (5) tons on any parking lot owned or
leased by the City of Falls City. It shall further be unlawful to
park any dual axle trailer or trailer with more than dual axles on
any Municipal owned or leased parking lot. The Municipal Street
Department shall erect signs on all Municipally owned or leased
parking lots advising of such restrictions.
§5-432 MUNICIPAL PARKING LOT; HOURS PARKING PROHIBITED: It shall
be unlawful for any person to park, or allow to stand, any motor
vehicle of any type, any trailer or other object, owned or operated
by them, on any municipally owned or leased parking lot between the
hours of 3:00 a.m. and 5:00 a.m., except persons with motor
vehicles using the camper trailer park at Stanton’s Lake Park may
use the municipal parking lot adjacent to the camper trailer park
and the City Hall and Utility Department parking lots shall be open
for parking at all times.
That the street department shall cause to be erected signs on
all municipal owned or leased parking lots advising of such
restriction.(Added by Ord. 95-126)
§5-433. Parking; Restricted One Hour Parking Spaces. No person
shall park a motor vehicle more than one hour from 8:00 o’clock
a.m. to 5:00 o’clock p.m. Monday through Friday in a parking space
so designated by resolution lawfully adopted by the Mayor and City
Council along the following streets:
A. On each side of the street of each block from 15th and
Stone Street to 19th and Stone Street.
B. On each side of the street of each block from 16th and
Chase Street to 16th and Harlan Street.
C. On each side of the street of each block from 17th and
Chase Street to 17th and Harlan Street.
D. On each side of the street of each block from 18th and
Chase Street to 18th and Harlan Street.
In addition, each period of time that any motor vehicle shall
remain in any parking space beyond the period of time prescribed
for such parking space shall constitute a separate offense.
(Amended: Ord. #2005-100)