Article 3. Parking


§5-301               PARKING; 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 60-680 RS Neb.)


§5-302               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 (4̓) between the vehicle so 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. (Ref 60-680, 60-6,167 PS Neb.)


§5-303               PARKING; DESIGNATION. The Governing Body may, by resolution, designate any street, or portion thereof, where vehicles shall be parked parallel with and adjacent to the curb or at an angle so as to have the right front wheel at the curb. (Ref 60-6,167, 60-680 RS Neb.)


§5-304               PARKING; AREAS. The Governing Body may, by resolution, set aside any street, alley, public way, or portion thereof where the parking of a particular kind or class of vehicle shall be prohibited, or where the parking of any vehicle shall be prohibited. 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 time necessary to load and unload freight or passengers (Ref 60-680 RS Neb.)


§5-305               PARKING; OBSTRUCTING ALLEY. No vehicle, while parked shall have any portion thereof projecting into any alley entrance. (Ref 60-680 RS Neb.)


§5-306               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 (½) 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 60-680 RS Neb.)


§5-307               PARKING; FIRE HYDRANTS AND STATIONS. No vehicle shall be parked within fifteen feet (15̓) in either direction of any fire hydrant nor within twenty feet (20̓) of the driveway entrance to any fire station. The curb space within such area of fifteen feet (15̓) in either direction of such fire hydrant shall be painted red to indicate such prohibition. (Ref 60-6,166 RS Neb.)


§5-308               PARKING; STREET INTERSECTIONS. Except in compliance with traffic control devices, no vehicle shall be parked or left standing for any purpose, except momentarily to load or discharge passengers, within twenty-five feet (25̓) of the intersection or curb lines, or if none, then within fifteen feet (15̓) of the intersection of property lines, nor where said curb lines are painted red to indicate such prohibition. (Ref 60-6,166 RS Neb.)


§5-309               PARKING; OBSTRUCTING TRAFFIC. No person shall, except in case of an accident or emergency, stop any vehicle in any location where such stopping will obstruct any street, intersection, or entrance to an alley or public or private drive. (Ref 60-680 RS Neb.)


§5-310               PARKING; CURRENT LICENSE. (1) Every vehicle parked or left standing upon any street, alley, public way or public property shall have current and valid license plates attached thereto which have been issued for the vehicle to which said license plates are attached along with any current renewal tabs that may be required, which plates and tabs are registered in the name of the owner of the vehicle in accordance with the laws of the State of Nebraska, or of the state wherein the vehicle is legally registered. (Ref 60-680 RS Neb.)


§5-311               PARKING; DISPLAY OR REPAIR. It shall be unlawful for any person to park upon any street, alley, or public place within this Municipality any vehicle displayed for sale. 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. 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. (Ref 60-680 RS Neb.)


§5-312               PARKING; 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 Article. (Ref 60-680 RS Neb.)


§5-313               PARKING; MAXIMUM TIME LIMIT.

             1.          Definitions:

                (a)      Vehicle, defined. Vehicle shall mean every device in, upon, or by which any person or property is or may be transported or drawn upon a highway except devices moved solely by human power or used exclusively upon stationary rails or tracks.

                (b)      Construction trailers, defined. A trailer designed to be used by contractors to hold materials and/or tools for construction projects.

             2.          Parking: Maximum Time Limit:

               (a)       No motor vehicle shall be continuously parked upon any street or road within the City for more than seventy-two (72) hours consecutively. (Ref 60-680 RS Neb.)

               (b)       Exceptions: This section shall not apply to a construction trailer parked on a street, alley, or right-of-way adjacent to the property in or on which the owner or possessor of the trailer is performing a construction related project as long as the owner/possessor of the trailer has obtained permission from the Henderson Police Department to park such construction trailer at such location. The parking of said construction trailer shall not restrict the flow of normal traffic more than is necessary. Any construction trailer parked overnight shall be marked by appropriate posting with proper reflective devices. (City Ordinance #373)


§5-314               PARKING; SNOW REMOVAL; INTERFERENCE; VIOLATION; IMPOUNDMENT. The Governing Body may, by rules and regulations, prohibit the parking and stopping of vehicles in such streets or districts as they may designate for the purpose of enabling the Municipal Street Department to expeditiously remove the snow from the streets; and the parking and stopping of any vehicle in any street, streets or district during the periods of time set forth in such rules and regulations issued shall constitute a violation of this section. In addition to any penalty assessed for the violation of this section, any vehicle parked or left standing in violation of this section or the provisions of any rules or regulations adopted pursuant hereto, may be impounded as elsewhere provided in this Article. (Ref 60-680 RS Neb.)


§5-315               PARKING; HANDICAPPED OR DISABLED PERSONS; DEFINITIONS. 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 (200̓) 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.)


§5-316               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 section 60-311.14 RS Neb., (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 section 18-1739 RS Neb., and (d) such other motor vehicles, as certified by the Municipality, which display such permit. All such permits shall be displayed by attaching the permit to the motor vehicle̓s rearview mirror so as to be clearly visible through the front windshield. When there is no rearview mirror, the permit shall be displayed on the dashboard.

             (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. (Ref 18-1736, 18-1 737 RS Neb.)


§5-317               PARKING; HANDICAPPED OR DISABLED PERSONS; DESIGNATION OF OFFSTREET PARKING SPACES. The Governing Body and any person in lawful possession of any offstreet parking facility may designate stalls or spaces in such facility for the exclusive use 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.)


§5-318               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 5-319, 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.)


§5-319               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 5-3 18, 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.)


§5-320               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 fading for the term of the permit̓s 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 5-322. At the expiration of such suspension, a permit may be renewed upon the payment of the permit fee.

             (4)        A duplicate permit may be provided 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.)


§5-321               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 provisions of this section and section 5-318 or 5-319. 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 during 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 a 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.)


§5-322               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.)


§5-323               PARKING; HANDICAPPED OR DISABLED PERSONS; REMOVAL OF UNAUTHORIZED VEHICLE; PENALTY.

(1) The owner or person in lawful possession of an offstreet parking facility, after notifying the Police or Sheriff’s Department, and the Municipality providing onstreet parking or owning, operating, or providing an offstreet 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 this 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 onstreet 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 offstreet 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 5-315 and shall be subject to the procedures set forth in section 5-324 and the penalty provided for in 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 offstreet 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.)


§5-324               PARKING; HANDICAPPED OR DISABLED PERSONS; CITATION, ISSUANCE; COMPLAINT; TRIAL. (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 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 (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.)


§5-325               PARKING; REMOVAL OF ILLEGALLY PARKED VEHICLES. (1) Whenever any Police Officer shall find a vehicle standing upon a street or alley in violation of any of the provisions of the Article, 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.

             (2)        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 60-6,165, 60-680 RS Neb.)


§5-326               PARKING; VIOLATIONS; OWNER RESPONSIBLE. If any vehicle is found upon any street or alley in violation of any of the provisions of this Article regulating the stopping, standing or parking of vehicles, 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. (Ref. 60-680 RS Neb.)


§5-327               PARKING; TRUCK PARKING; STATEMENT OF PURPOSE. The City of Henderson finds that vehicles with lengths exceeding forty (40) feet pose a traffic hazard to the residents of the City when such vehicles are parked along City streets by reducing visibility to motorists and pedestrians and by reducing available parking. The parking of such vehicles further results in the damage to City streets and unnecessary expense to repair such damage. The parking of such vehicles on City streets and alleys must be regulated for these reasons.


§5-328               PARKING; TRUCK PARKING; VEHICLE LENGTH LIMIT. (1) It shall be unlawful for any person to park any vehicle that exceeds forty (40) feet in length upon any street or alley in the City of Henderson for a period of time exceeding two (2) hours in any twenty-four (24) hour period.


(2) It shall further be unlawful for any person to dolly down any trailer on any City street or alley.


(3) If any vehicle is found upon any street or alley within the City in violation of any of the provisions of this Section, and the identity of the operator cannot be determined, the owner or person in whose name such vehicle is registered shall be held responsible for such violation.


§5-329               PARKING; TRUCK PARKING; PENALTY. Any person who violates this Section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined a sum not less than fifty dollars ($50) nor more than two hundred fifty dollars ($250.00).