Article 4. Parking

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 PARKINGSCHOOL 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 ON-STREET 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 On-street 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 any business or residential district of the City, except a contractor or owner who has obtained a building or demolition permit may leave a detached trailer or dumpster on the street at the site provided it is equipped with proper reflectors, will not obstruct the normal flow of traffic and the street is not a state highway. (Amended: Ord. 2013-110)

§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)

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