Sec. 24-1.  Definitions. 


As used in this chapter, unless the context otherwise requires:


Acceleration or deceleration lane shall mean a supplementary lane of a highway laned for traffic, which adjoins the traveled lanes of a highway and connects an approach or exit road with such highway.


Alley shall mean a highway intended to provide access to the rear or side of lots or buildings in urban districts and not intended for the purpose of through vehicular traffic.


Arterial street shall mean any United States or state numbered route, controlled access highway, or other major radial or circumferential highway designated by local authorities within their respective jurisdictions as a part of a mayor system of highways.


Authorized emergency vehicles shall mean such fire division vehicles, police vehicles, and ambulances as are publicly owned, and such other publicly or privately-owned vehicles as are designated by the state director of motor vehicles.


Bicycle shall mean every device propelled solely by human power upon which any person may ride, having any number of wheels, any of which is more than eighteen (18) inches in diameter.


Bus shall mean every motor vehicle designed for carrying more than ten (10) passengers and used for the transportation of persons, and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation;


Business district shall mean the territory contiguous to and including a highway when within any six hundred (600) feet along such highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, office buildings, railroad stations, or public buildings which occupy at least three hundred (300) feet of frontage on one (1) side or three hundred (300) feet collectively on both sides of a highway.


Crosswalk shall mean:


(a)       That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of such roadway measured from the curbs or, in the absence of curbs, from the edge of the roadway; or


(b)       Any portion of a roadway at an intersection or elsewhere distinctly designated by competent authority and marked for pedestrian crossing by lines, signs, or other devices.


Daytime shall mean that period of time between sunrise and sunset.


Divided highway shall mean a highway with separated roadways for traffic in opposite directions.


Drag race shall mean the operation of two (2) or more vehicles from a point side by side at accelerating speeds in a competitive attempt to outdistance each other, or the operation of one or more vehicles over a common selected course, each starting at the same point and proceeding to the same point, for the purpose of comparing the relative speeds or power of acceleration of such vehicle or vehicles within a certain distance or time limit.


Driver’s license shall mean any operator’s or chauffeur’s license or any other license or permit to operate a motor vehicle issued under the laws of this state, including:


(a)       Any temporary license or instruction permit;


(b)       The privilege of any person to drive a motor vehicle whether or not such person holds a valid license;


(c)       Any nonresident’s operating privilege as defined in R.R.S. 1943, Sections 39-601 to 39-6,122; and


(d)       An employment driving permit issued as provided by law.


Grade separation shall mean a crossing of two (2) highways at different levels.


Highway shall mean the entire width between the boundary limits of any street, road, avenue, boulevard, or way which is publicly-maintained when any part thereof is open to the use of the public for purposes of vehicular travel.


Inoperable motor vehicle shall mean any motor vehicle which (1) does not have a current state license plate or (2) which may or may not have a current state license plate, but is disassembled or wrecked in part or in whole, or is unable to move under its own power, or is not equipped as required by Nebraska State Law for operation upon streets or highways.


Intersection shall mean the area embraced within the prolongation or connection of the lateral curb lines or, if there are no lateral curb lines, then the lateral boundary lines of the roadways of two (2) or more highways, which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict; provided, that where a highway includes two (2) roadways thirty (30) feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection.  In the event such intersecting highway also includes two (2) roadways thirty (30) feet or more apart, then every crossing of two (2) roadways of such highways shall be regarded as a separate intersection; and provided further, that the junction of an alley with a highway shall not constitute an intersection.


Laned roadway shall mean a roadway which is divided into two (2) or more clearly-marked lanes for vehicular traffic.


License or license to operate a motor vehicle shall mean the privilege granted by the state to operate a motor vehicle.


Licensing authority shall mean the department of motor vehicles.


Median shall mean that part of a divided highway, such as a physical barrier or clearly indicated dividing section or space, so constructed as to impede vehicular traffic across or within such barrier, section, or space, or to divide such highway into two (2) roadways for vehicular travel in opposite directions.


Median crossover shall mean a connection between roadways of a divided highway the use of which may permit a vehicle to reverse its direction by continuously moving forward.


Median opening shall mean a gap in a median provided for crossing and turning traffic.


Metal tire shall mean every tire the surface of which in contact with the highway is wholly or partly of metal or other hard nonresilient material.


Minibike shall mean a two-wheel motor vehicle which has a total wheel and tire diameter of less than fourteen (14) inches, or an engine-rated capacity of less than forty-five (45) cubic centimeters displacement, or a seat height less than twenty-five (25) inches from the ground, or any other two-wheel motor vehicle primarily designed by the manufacturer thereof for off-road use only.


Moped shall mean a bicycle with fully operative pedals for propulsion by human power, an automatic transmission, and a motor with a cylinder capacity not exceeding fifty (50) cubic centimeters, which produces no more than two (2) brake horsepower and is capable of propelling the bicycle at a maximum design speed of no more than thirty (30) miles per hour on level ground.


Motor vehicle shall mean every self-propelled land vehicle, not operated upon rails, except mopeds, scooters, power chairs or electric wheelchairs having more than two (2) wheels which are designed for and being utilized by individuals with limited mobility.


Motorcycle shall mean every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, but excluding tractors and scooters, power chairs or electric wheelchairs having more than two (2) wheels which are designed for and being utilized by individuals with limited mobility.


Motor-driven cycle shall mean every motorcycle, including every motor scooter, with a motor which produces not to exceed five (5) brake horsepower, as measured at the drive shaft, mopeds, and every bicycle with motor attached, but excluding scooters, power chairs or electric wheelchairs having more than two (2) wheels which are designed for and being utilized by individuals with limited mobility.


Nighttime shall mean that period of time between sunset and sunrise.


Non-moving violation shall mean violations of stopping, standing or parking under Article V of this chapter.


Nonresident includes every person who is not a resident of this state.


Occupant protection system shall mean a system utilizing a lap belt, a shoulder belt, or any combination of belts installed in a motor vehicle which (a) restrains drivers and passengers and (b) conforms to Federal Motor Vehicle Safety Standards, 49 C.F.R. 571.208, 571.209, and 571.210 or to the federal motor vehicle safety standards for passenger restraint systems applicable for the motor vehicle’s model year.


Operator or driver shall mean any person who drives or is in actual physical control of a vehicle.


Operator’s license shall mean any license to operate a motor vehicle issued under the laws of this state.


Owner shall mean a person who holds the legal title of a motor vehicle, or in the event (a) a motor vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee or (b) a mortgagor of a vehicle is entitled to possession, then such conditional vendee or lessee or mortgagor shall be deemed the owner.


Park or parking shall mean the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.


Parking meter shall mean a mechanical device located upon a public street or sidewalk in a place regularly designated as a parking zone, which device shall record a certain number of minutes by the use of clock mechanism determining the period of time for which parking privileges may be extended to the person so depositing a coin.


Parking meter zone shall mean a certain designated and marked off section of the public street within the marked boundaries where the vehicles may be temporarily parked and allowed to remain for such period of time as the parking control unit attached thereto may indicate.


Pedestrian shall mean any person afoot.


Person includes every natural person, firm, partnership, association or corporation.


Police officer shall mean any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.


Private road or driveway shall mean every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner but not by other persons.


Racing shall mean the use of one (1) or more vehicles in an attempt to outgain, outdistance, or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicles, or to test the physical stamina or endurance of drivers over long-distance driving routes.


Railroad shall mean a carrier of persons or property upon cars, other than streetcars, operated upon stationary rails.


Railroad sign or signal shall mean any sign, signal, or device erected by authority of a public body or official or by a railroad intended to give notice of the presence of railroad tracks or the approach of a railroad train.


Railroad train shall mean a steam engine, electric or other motor, with or without cars coupled thereto, operated upon rails.


Registration shall mean the registration certificate and registration plates issued under the laws of this state pertaining to the registration of vehicles.


Residential district shall mean the territory contiguous to and including a highway not comprising a business district when the property on such highway for a distance of three hundred(300) feet or more is in the main improved with residences or residences and buildings in use for business.


Right-of-way shall mean the right of one (1) vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed, and proximity as to give rise to danger of collision unless one (1) grants precedence to the other.


Roadway shall mean that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder.  If a highway includes two (2) or more separate roadways, the term roadway shall refer to any such roadway separately but not to all such roadways collectively.


Safety zone shall mean an area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as such area.


School bus shall mean any motor vehicle that complies with the color and identification requirements as provided in the laws of this state, or set forth in the most recent edition of Minimum Standards for School Buses, produced and sponsored by the National Commission on Safety Education of the National Education Association, and is used to transport children to or from school or in connection with school activities, but not including buses operated by common carriers in urban transportation of school children.


Shoulder shall mean that part of the highway contiguous to the roadway and designed for the accommodation of stopped vehicles, for emergency use, and for lateral support of the base and surface courses of the railway.


Sidewalk shall mean that portion of a highway between the curb lines, or the lateral lines of a roadway, and the adjacent property lines, intended for use by pedestrians.


Sidewalk space shall mean that portion of a street between the curb line and the adjacent property line.


Snowmobile shall mean a self-propelled motor vehicle designed to travel on snow or ice or a natural terrain steering by wheels, skis, or runners and propelled by a belt-driven track with or without steel cleats.


Stand or standing shall mean the halting of a vehicle, whether occupied or not, other than temporarily for the purpose of and while actually engaged in receiving or discharging passengers.


Stop, when required, shall mean a complete cessation of movement.


Stop or stopping, when prohibited, shall mean any halting even momentarily of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control device.


Street or highway includes the entire width between property lines of every way or place of whatever nature, when any part thereof is open to the use of the public, as a matter of right or easement, for purposes of vehicular traffic.


Traffic shall mean pedestrians, ridden or herded animals, and vehicles and other conveyances either singly or together while using any highway for purposes of travel.


Traffic-control device shall mean any sign, signal, marking, or other device not inconsistent with this chapter placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning, or guiding traffic.


Traffic-control signal shall mean any signal, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.


Urban district shall mean the territory contiguous to and including any street which is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than one hundred (100) feet for a distance of a quarter of a mile or more.


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


Source:  Code 1962, § 10-1-1; Ord. No. 3088, § 27, 9-7-82; Ord. No. 3864, § 1, 4-20-92; Ord. No. 3913, § 1, 11-16-92; Ord. No. 4280, § 1, 7-21-97; Ord. No. 4833, § 4, 10-3-05

State law reference--Similar provisions, R.R.S. 1943, 39-602.