Omaha Police Department Parking - Vehicle For Sale Violations PDF

**PARKING -- FOR SALE VIOLATIONS** **PREAMBLE:** There is a need to respond to **"**vehicle for sale" parking violations in a fair and consistent manner, while conforming to guidelines established by the City Prosecutor's Office. Legal research supporting this order indicated problem areas regardi...

**PARKING -- FOR SALE VIOLATIONS** **PREAMBLE:** There is a need to respond to **"**vehicle for sale" parking violations in a fair and consistent manner, while conforming to guidelines established by the City Prosecutor's Office. Legal research supporting this order indicated problem areas regarding "burden of proof" which could prevent successful prosecution. In most instances, these legal hurdles can be overcome by simply using other applicable ordinances for the specific situation. In the vast majority of situations, serving notice results in voluntary compliance, and no further police action is needed. **POLICY:** It is the policy of the Omaha Police Department to enforce "vehicle for sale" parking violations and to ensure consistency, conformity, and fairness in this enforcement effort. **PROCEDURE:** I. Vehicles for Sale Violations =============================== A. The following ordinances commonly apply to these types of violations. 1. [[36-158(a)(1)]](https://www.municode.com/library/ne/omaha/codes/code_of_ordinances?nodeId=PTIIMUCO_CH36TR_ARTVISTSTPA_DIV1GE_S36-158PACEPUPR) **--** Parking for certain purposes prohibited. 2. [[36-161]](https://www.municode.com/library/ne/omaha/codes/code_of_ordinances?nodeId=PTIIMUCO_CH36TR_ARTVISTSTPA_DIV1GE_S36-161STCAST) **--** Storage of cars on street. 3. [[36-170]](https://www.municode.com/library/ne/omaha/codes/code_of_ordinances?nodeId=PTIIMUCO_CH36TR_ARTVISTSTPA_DIV1GE_S36-170UNUNVE) **--** Unlicensed and unregistered vehicles. 4. [[36-231]](https://www.municode.com/library/ne/omaha/codes/code_of_ordinances?nodeId=PTIIMUCO_CH36TR_ARTVISTSTPA_DIV4REPAVE_S36-231UNPAVEDEOBMIPUNU) **--** Unlawfully parked vehicles declared obstruction, misdemeanor, and public nuisance. 5. [[36-232]](https://www.municode.com/library/ne/omaha/codes/code_of_ordinances?nodeId=PTIIMUCO_CH36TR_ARTVISTSTPA_DIV4REPAVE_S36-232SUREAU) **--** Summary removal authorized. 6. [[36-233]](https://www.municode.com/library/ne/omaha/codes/code_of_ordinances?nodeId=PTIIMUCO_CH36TR_ARTVISTSTPA_DIV4REPAVE_S36-233CONO) **--** Complaint and Notice. II. Guidelines ============== 1. If the vehicle is properly parked on public right of way with a "For Sale" sign or window marking indicating it is for sale. a. If there are no other violations, the officer will issue a parking citation, checking the b. If the vehicle does not have proper license and registration, has active warrants, or is an endangerment to public health and/or safety, the officer will tow it immediately. 2. If the vehicle is parked on private property, it must be currently licensed, in running condition, and on a paved driveway (asphalt, concrete, or brick surface), or it is in violation of Omaha Municipal Code Sections 18-42 and 18-43. In this situation, the officer will issue c. Notice of Nuisance (OPD Form 53) and follow-up 10 days later. If they failed to comply, the officer will tow the vehicle. 3. Ongoing situations where multiple "for sale" vehicles are parked together on quasi-public property (adjacent to the street in a large parking lot), and it is apparent that they were placed there for display purposes, advise the Nuisance Task Force Squad by phone or email. d. Nothing in this policy refers to private property that is occupied by a business licensed for motor vehicle dealership. If in doubt, contact the Nuisance Task Force Squad by phone (See PPM [[Appendix A])](https://powerdms.com/docs/2370634). **REFERENCES:** I. Laws ======= **II. Previous OPD Orders** A. Previous OPD General Orders include the following: \#36-00 and \#92-16. III. Accreditation Standards ============================ A. CALEA Accreditation Standard 61.1.13 is relevant to this policy.