ORD 34461 - Amend chapter 36 of municipal code re handicapped parking _ . •
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ORDNANCE NO. 3�ylp�
1 AN ORDINANCE to amend Chapter 36, Article 1, and Chapter 36, Article IV of the Omaha
2 Municipal Code pertaining to handicap parking; to add a new definition to Section 36-2
3 defining handicap parking access aisle; to amend Section 36-174(c)prohibiting parking in
4 handicap parking access aisles, and to provide the effective date hereof
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
6 Section 1. That Chapter 36,Article 1,of the Omaha Municipal Code is hereby amended by
7 adding a new definition as follows to Section 36-2, reading as follows:
8 For the purposes of this chapter, the following words and phrases
9 shall have the meanings respectively ascribed to them, as follows:
10 Access Aisle: That portion of a designated handicap parking area
11 marked by horizontal, vertical, or diagonal striping or in any other
12 conspicuous manner to allow the egress and ingress to a motor
13 vehicle parked in the handicap parking area.
14 Alley: A highway intended to provide access to the rear or side of
15 lots or buildings in urban districts and not intended for the purpose of
16 through vehicular traffic.
17 Authorized Emergency Vehicle: Such fire department vehicles,police
18 vehicles, and ambulances as are publicly owned.
19 Bicycle: Every device propelled solely by human power upon which
20 any person may ride, having two tandem wheels either of which is
21 more than 14 inches in diameter.
22 Boulevard: A street for noncommercial traffic, with full or partial
23 control of access, usually located within a park or a ribbon of park-
24 like development.
25 Bus: A passenger-carrying motor vehicle licensed as a bus.
26 Bus Stop: A space adjacent to the curb reserved for the use of buses
27 during the loading and unloading of passengers.
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Ordinance No. 3 y
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1 Congested Traffic District: All that portion of the city lying east of
2 the west curbline of 24th Street between the north curbline of Cuming
3 Street and the south curbline of Leavenworth Street;Military Avenue
4 from the west curbline of 56th Street, west to the intersection with
5 Maple Street,then northwest on Military Avenue to the north curb of
6 Bedford Avenue; Maple Street from the intersection with Military
7 Avenue at 61st Street west to the west curbline of 63rd Street; all that
8 portion of the city lying south of the north curbline of"L" Street, east
9 of the west curbline of 27th Street, west of the east curbline of 24th
10 Street; and 24th Street from "L" Street south to the north curbline of
11 "Z" Street.
12 Connecting Link: The roads, streets,and highways designated as part
13 of the highway system and which are within the corporate limits of
14 the city.
15 Cross Walk:
16 (a) That part of a roadway at an intersection included within the
17 connections of the lateral lines of the sidewalks on opposite
18 sides of such roadway measured from the curbs or, in the
19 absence of curbs, from the edge of the roadway; or
20 (b) Any portion of a roadway at an intersection or elsewhere
21 distinctly designated by competent authority and parked for
22 pedestrian crossing by lines, signs, or other devices.
23 Daytime: That period of time between sunrise and sunset.
24 Divided highway: A highway with separated roadways for traffic in
25 opposite directions.
26 Expressway: Any street having full or limited control of access and
27 designated by official traffic signs as an expressway, a freeway, or an
28 interstate highway.
29 Freeway: A divide highway designed primarily for through traffic
30 with full control of access and with grade separations at all
31 intersecting road crossings, including all interchanges and approach
32 and exit roads thereto.
33 Freight Loading Zone: A space adjacent to the curb or the exclusive
34 use of vehicles during the loading or unloading of merchandise,
35 materials, or passengers.
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Ordinance No. 3 4/y /
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1 Highway: The entire width between the boundary limits of any street,
2 road, avenue, boulevard, or way which is publicly maintained when
3 any part thereof is open to the use of the public for purposes of
4 • vehicular travel.
5 Intersection: The area embraced within the prolongation or
6 connection of the lateral curblines or, if there are no lateral curblines,
7 then the lateral boundary lines of the roadways, of two or more
8 roadways which join one another at,or approximately at,right angles,
9 or the area within which vehicles traveling upon different roadways
10 joining at any other angle may come in conflict;provided that,where
11 a highway includes two roadways 30 feet or more apart, then every
12 crossing of each roadway of such divided highway by an intersecting
13 highway shall be regarded as a separate intersection. In the event
14 such intersecting highway also includes two roadways 30 feet or
15 more apart, then every crossing of two roadways of such highways
16 shall be regarded as a separate intersection. The junction of an alley
17 with a highway shall not constitute an intersection.
18 Laned roadway: A roadway which is divided into two or more
19 clearly marked lanes for vehicular traffic.
20 Median: That part of a divided highway, such as a physical barrier or
21 clearly indicated dividing section or space, so constructed as to
22 impede vehicular traffic across or within such barrier, section, or
23 space, or to divide such highway into two roadways for vehicular
24 travel in opposite directions.
25 Median crossover: A connection between roadways of a divided
26 highway the use of which may permit a vehicle to reverse its
27 direction by continuously moving forward.
28 Median opening: A gap in a median provided for crossing and
29 turning traffic.
30 Motor vehicle: Every self-propelled land vehicle not operated upon
31 rails, except mopeds and self-propelled invalid chairs.
32 Motor-driven cycle: Every motorcycle, including every motor
33 scooter, with a motor which produces not to exceed five brake
34 horsepower, as measured at the drive shaft, mopeds, and every
35 bicycle with motor attached.
36 Nighttime: That period of time between sunset and sunrise.
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Ordinance No. 3 Vy
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1 Official time standard: Whenever certain hours are named in this
2 chapter,they shall mean standard time or daylight saving time as may
3 be in current use in this city.
4 Official traffic control devices: All signs, signals, markings, and
5 devices, not inconsistent with this chapter; placed or erected by
6 authority of the city for the purpose of regulating,warning,or guiding
7 traffic.
8 One-way street: A street on which official traffic control devices are
9 posted to indicate that vehicles are permitted to move in one direction
10 only.
11 Operator or driver: Any person who drives or is in actual physical
12 control of a vehicle.
13 Park or parking: The standing of a vehicle,whether occupied or not,
14 otherwise than temporarily for the purpose of and while actually
15 engaged in loading or unloading merchandise or passengers.
16 Parking limit zones: A space adjacent to a curb in which vehicles
17 may be parked for a period no longer than the time indicated on the
18 sign.
19 Parking meter: A mechanical device located at or near the curb or
20 curbline, alongside of a parking space in the street or public way, or
21 located alongside a parking space in an off-street parking area as
22 designated in section 36-211, with a coin receptacle and so
23 constructed as to register the time a vehicle is parked in such space.
24 Passenger car: Any motor vehicle, except motorcycles and motor-
25 driven cycles, designed for carrying ten passengers or less and used
26 primarily for the transportation of persons.
27 Passenger loading zones: A space adjacent to the curb reserved for
28 the exclusive use of vehicles during the expeditious loading or
29 unloading of passengers.
30 Pedestrian: Any person afoot.
31 Period of insufficient light: Nighttime and all other times when
32 atmospheric conditions are such that there is insufficient light to
33 reveal a person or an object of comparable size or larger at a distance
34 of 1,000 feet.
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Ordinance No. 3
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1 Person: Every natural person, firm, partnership, association, or
2 corporation.
3 Police officer: Any officer authorized to direct or regulate traffic or
4 to make arrests for violations of traffic regulations.
5 Private road or driveway: Every way or place in private ownership
6 and used for vehicular travel by the owner and those having express
7 or implied permission from the owner, but not by other persons.
8 Public works director: The director of the public works department
9 of the city.
10 Right-of-way: The right of one vehicle or pedestrian to proceed in a
11 lawful manner in preference to another vehicle or pedestrian
12 approaching under such circumstances of direction, speed, and
13 proximity as to give rise to danger of collision unless one grants
14 precedence to the other.
15 Roadway: That portion of a highway improved, designed or
16 ordinarily used for vehicular travel,exclusive of the berm of shoulder.
17 If a highway includes two or more separate roadways, the term
18 "roadway" shall refer to any such roadway separately but not to all
19 such roadways collectively.
20 Sidewalk: That part of the street right-of-way between the curb and
21 the adjacent property line, or, where no curb exists, that part of the
22 street right-of-way between the lateral line of the right-of-way
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23 improved for vehicle use and the adjacent property line.
24 Snowmobile: A self-propelled motor vehicle designed to travel on
25 snow or ice or a natural terrain steered by wheels, skis or runners and
26 propelled by a belt-driven track with or without steel cleats.
27 Stop: When required, a complete cessation of movement.
28 Stop or stopping: When prohibited,any halting even momentarily of
29 a vehicle, whether occupied or not, except when necessary to avoid
30 conflict with other traffic or in compliance with the directions of a
31 police officer or traffic-control device.
32 Street: A public way for the purpose of vehicular and pedestrian
33 travel in the city, and shall include the entire area within the right-of-
34 way.
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Ordinance No. ,j y.V 1
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1 Taxicab: A motor vehicle with a permit from the state railway
2 commission to operate as a taxicab, and which complies with chapter
3 38 of this code.
4 Taxicab stand: A space adjacent to the curb or a street or elsewhere,
5 which has been designated and reserved exclusively for the use of
6 taxicabs.
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7 Traffic: Pedestrians,ridden or herded animals,and vehicles and other
8 conveyances either singly or together while using any highway for
9 purposes of travel.
10 Traffic control device: Any sign, signal,marking,or other device not
11 inconsistent with R.R.S. 1943, §39-601--39-6,122, placed or erected
12 by authority of a public body or official having jurisdiction for the
13 purpose of regulating, warning, or guiding traffic.
14 Traffic control signal: Any signal,whether manually, electrically, or
15 mechanically operated,by which traffic is alternately directed to stop
16 and permitted to proceed.
17 Trailer: Any vehicle, with or without motive power, designated for
18 carrying persons of property and for being drawn by a motor vehicle
19 and so constructed that no part of its weight rests upon the towing
20 vehicle.
21 Truck: Any motor vehicle designed,used or maintained primarily for
22 the transportation of property.
23 Truck loading zone: A space adjacent to a curb reserved for the
24 exclusive use of trucks during the loading or unloading of freight,
25 materials, goods, wares, merchandise, or things.
26 Truck-tractor: Any motor vehicle designed and primarily used for
27 drawing other vehicles and not so constructed as to carry a load other
28 than a part of the weight of the vehicle and load so drawn.
29 Vehicle: Every device in,upon, or by which any person or property
30 is or may be transported or drawn upon a highway,excepting devices
31 moved solely by human power or used exclusively upon stationary
32 rails or tracks."
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Ordinance No. 3 9 ‘/
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1 Section 2. That Chapter 36, Section VI, of the Omaha Municipal Code is hereby amended
2 by adding new language to Section 36-174(c) reading as follows:
3 Sec. 36-174. Reserved parking for handicapped persons.
4 (a) The city traffic engineer, based upon a study of the need for
5 reserved parking spaces for handicapped persons as defined
6 in R.R.S. 1943, §18-1738, is hereby authorized to erect signs
7 consisting of a profile view of a wheelchair with occupant in
8 white on a blue background and the words "Parking Only," or
9 to have curbs or the edge of the paved portion of the street
10 painted blue or by other suitable means, which shall denote
11 "Parking for Handicapped Persons" and indicating that
12 parking is reserved for motor vehicles used for and by
13 handicapped persons.
14 (b) Every vehicle parking space reserved for handicapped persons
15 shall be identified, as specified in R.R.S. 1943, §60-311.14,
16 or R.R.S. 1943, §18-1739.
17 (c) Whenever official signs restricting and limiting parking for
18 use by handicapped persons are erected, as provided for
19 herein, no person shall park a vehicle in any such area in
20 violation of such restriction. No person shall park a vehicle
21 at any time in the access aisle or any portion of the access
22 aisle of a handicap parking area. Any person, persons, firm,
23 or corporation, or agents, servants or employees of any
24 person, persons, firm or corporation, who violates the
25 provisions of this section shall be in violation of section 36-
26 156(k), and upon a first conviction be subject to a fine of
27 $100.00 plus court costs; upon a second conviction for the
28 same infraction within a two-year period be fined not less
29 than $100.00 and not for than $300.00 and upon a third or
30 subsequent conviction for the same infraction within a two-
31 year period be fined not less than$200.00 and not more than
32 $500.00.
33 (d) When any law enforcement officer or person authorized by
34 the chief of police to issue a handicapped parking citation
35 observes or is advised by the owner or person in lawful
36 control of an off-street or privately owned parking facility that
37 a motor vehicle may be parked thereon in violation of this
38 section, he or she shall make a determination as to whether
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Ordinance No. 3 yy�/
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1 a violation has in fact occurred, and if so shall personally
2 serve or attach to such motor vehicle a citation pursuant to the
3 provisions of R.R.S. 1943, § 29-424, directed to the owner or
4 operator of such vehicle, which shall set forth the nature of
5 the violation. If the identity of the operator of a motor vehicle
6 in violation of this section cannot be determined,the owner or
7 person in whose name such vehicle is registered shall be held
8 prima facie responsible for such infraction. Any person who
9 refuses to sign the citation or otherwise comply with the
10 command of the citation shall be punished as provided by
11 R.R.S. 1943, § 29-426. In no event shall any law
12 enforcement officer or person authorized by the chief of
13 police to issue a handicapped parking citation be expected to
14 remove any such unauthorized vehicles as described herein.
15 Responsibility for removal of such unauthorized vehicles
16 shall be with the owners of off-street or privately owned
17 parked facilities, or the person in lawful control thereof
18 pursuant to R.R.S. 1943, § 60-2401 et seq.
19 (e) Nothing in this section shall be construed to mean the
20 granting of parking privileges or conveniences for the sole
21 benefit of able-bodied drivers of motor vehicles bearing either
22 paraplegic license plates as provided in R.R.S. 1943, § 60-
23 311.14, or a handicap permit as provided for in R.R.S. 1943,
24 § 18-1739. A rebuttable presumption shall exist that an able-
25 bodied driver of a motor vehicle bearing either paraplegic
26 license plates, or a handicap permit, as defined herein, is in
27 violation of this section when parking in a space reserved for
28 handicapped persons or parking in a publicly owned metered
29 parking stall displaying an "expired" parking meter, and said
30 driver is not in the process of transporting to or from such
31 parking space a handicapped person as defined herein.
32 (f) The chief of police is hereby authorized to assign persons to
33 exercise the authority to issue a citation for any handicapped
34 parking infraction set out in this section, in the manner
35 prescribed by R.R.S. 1943, §§ 18-1737, 18-1738, 18-1738.01,
36 18-1738.02, 18-1740 and 18-1740.01 -- 18-1741.07.
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Ordinance No. 3 9//,
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1 • Section 3. This Ordinance shall be in full force and take effect fifteen (15) days from and
2 after the date of its passage.
INTRODUCED BY COUNCIL _ : R
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A ": T/ • '-��•"'-i�( OMAHA DATE
PASSED JAN 2 7 1998
ATTEST:
CITY CLERK OF THE CITY OF OMAHA DATE
APPROVED AS TO FORM:
7115/9617
T CITY PROSECUTORE
P:\LAW\3564.PJM
REQUEST TO LAW DEPARTMENT
FOR LAW DEPARTMENT USE ONLY
LOG BOOK #
TO: HERBERT M. FITLE, CITY ATTORNEY DATE ASSIGNED
ASSIGNED TO
DATE: December 29, 1997 ANSWERED/SENT OUT
WITHDRAWN
REQUEST BE ING MADE BY: On behalf of Councilmembers Lormong Lo and Lee Terry
Ro ustin, Council Staff Assistant Ext. 4570
Name) (Department) (Phone)
TIME LINE (Due Date): City Council Agenda of Jan. 6, 1998 (first reading)
REQUEST FOR: Ordinance to Amend Omaha Municipal Code Section 36-174(c)
(State Specifically What You Are Requesting)
DETAILS: (Do Not State "See Attached")
This Request to Law comes as a result of Log Book #298-97 — Council. Specifically,
Councilmembers Lo and Terry request that an ordinance be prepared which would amend
Omaha Municipal Code Section 36-174(c) as is shown in Attachment A. It is respectfully
requested that the amending ordinance be ready for first reading at the City Council
meeting of January 6, 1998.
The deadline for the January 6, 1998 agenda is the morning of December 31 , 1997. If
the ordinance itself cannot be ready by that time, please present a backing to the City
Clerk's office by the morning of December 31, 1997 so the ordinance will be placed on
the agenda for first reading on January 6.
INFORMATION ATTACHED: YES X NO NONE AVAILABLE
cj
c: Councilmembers, City Clerk, Peg Enenbach-Mayor's Office, Bob Peters-Acting Planning
Director, Council Staff
. ANZALCO
' —
b . _a.: BROWN HERO
REPLY TO REQUEST TO LAW DEPARTMENT i(ONECK_ _
KRAFT
LOG BOOK# 298-97=COUNCIL TERRY
TO: Lou Andersen,Assistant to City Council on behalf of Councilmember Lee Terry ANLOOERSE;t
STAFr. ‘..
FROM: Jeffrey L. Marcuzzo,Assistant City Prosecutor CORNET a
L068Y1S7._.,. ----ri;
The City Council Staff requested legal opinions on the following questions: OCT 10 1997
TIME 3:4 id
1. Does authority exist in State statutes or the City Code for the offense of
parking a vehicle in a designated handicapped space with one or more wheels of a vehicle
on or over the painted boundary lines of the handicapped space?
Currently the Omaha City Code and the statutes of the State of Nebraska do not
prohibit such parking as outlined in the above question. I believe that the real question is
if any laws govern the parking in the designated access aisle of a handicapped space.
Their are no specific laws governing the parking in access aisles. When you review the
Americans with Disabilities Act,the statutes of the State of Nebraska and the Omaha
Municipal Code it is readily apparent that the intent was to keep access aisles open at all
times to allow ingress and egress from vehicles parked in handicapped spaces.(see
attached)
2. Can citations be issued based upon the Americans with Disabilities Act or
other Federal statutes?
The Americans with Disabilities Act does not directly address this issue.
However,Nebraska Statutes 18-1741.01(2)and OMC 36-174(f) allows for issuance of
handicap parking citations by a law enforcement officer or other authorized persons.
3. Can OMC Sec. 36-174 be cited as authority to issue citations per question
1 above?
No. Please refer to answer above.
I believe that to solve the misunderstandings regarding access aisle parking,the
Omaha Municipal Code Sec. 36-2 Should be amended to read:
Access aisle shall mean the portion of a designated handicap parking area
marked by horizontal. vertical or diagonal striping to allow the egress and ingress to &
Motor vehicle parked in the handicap parking area.
[Omaha Municipal Code Sec. 36-174(c)should be amended to read
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...in violation of such restriction. No person shall park a vehicle at any
time in the access aisle or any portion of the access aisle of a handicap parking area. Any
person,persons, firm or corporation,or the agents,servants or...
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