This is a follow up to the previous two posts concerning the Ordinance proposed by Police Chief Tom Casady and the City Councils subsequant enactment of same on November 14th 2005 by a vote of 7 - 0.
The Ordinance creates a rebuttable presumption that; Since any vehicle kept or stored within the City limits for more than 30 days is PRESUMED (can you say guilty until proven innocent) to be being operated on the streets of the City and as such shall be registered in compliance with section 10.08 of the Municipal code. the Police to enter upon your property to verify unregistered or incoreectly registered vehicles and issue a summons for the same.
Currently there is no State Statute or City Ordinance that prohibits having an unregistered or incorrectly registered vehicle on your property.
The applicable section of the city ordinance are reprinted here. Bold and/or Color highlights are mine.
10.08.010 Registration Required
It shall be unlawful for any person to park or operate any motor vehicle upon any street or public way within the city without having registered it as provided by the laws of the State of Nebraska............. (Ord. 156 ~1; July 9, 1990: PC ~ 10.48.010: Ord. 13753 ~ 1; January 30, 1984: Ord. 5699 ~ 1101, as amended by Ord. 6673; November 25, 1957).
10.08.040 Registration; Fictitious License Plates.
No person shall operate, drive, or cause to be operated or driven, a motor vehicle on the public streets, alleys, or other public property, which bears (a) any number plate or certificate other than as assigned to it for the current registration period or (b) any fictitious or altered number plates or registration certificate (Ord. 16120 ~ 1; May 26, 1992).
This amendment to the present ordinance (10.08.010) would allow law enforcement officers to go on "quasi-public property for the purposes of ticketing non-registerd vehicles and would afford City Prosecution a rebuttable PRESUMPTION (In plain English you have to prove your innocence because you have already without the benefit of trial been presumed guilty) that vehicles stored or kept within a City for a period in excess of 30 days are presumed to be operated or parked on the streets of the City.
Please note that a Rebuttable Presumption is the same thing as saying; YOU ARE GUILTY UNTIL PROVEN INNOCENT.
If you have an unregistered or incorrectly registered vehicle on your property and you receive a summons, then you MUST take time off from work, appear in court and PROVE YOUR INNOCENCE. This Ordinance allows you to rebutt the citation but only at your own personal expense. In other words you may get it dismissed, but you will still be "fined" the amount of money you loose from work, parking meters etc..... Either way it will cost you money out of your pocket.
How many more ways can I say that the Chief of Police Tom Casady has pushed through Ordinances, now and in the past that are contrary to the State Statutes and not only the Constitution of the State of Nebraska, but the Constitution of the United States as well?
How many more ways can I say that the City Council has voted for and passed Ordinances, now and in the past that are Contrary to the State Statutes and not only the Constitution of the State of Nebraska, but the Constitution of the United States as well?
It doesn't matter whether you keep your registrations current or even detest those that don't this Ordinance should make every single Lincolnite mad and I mean damn mad. If you care anything at all about due process or the age old legal concept of "Innocent until proven guilty" you need to contact all of the members of the City Council and the Mayors office and express your thoughts on this blatant disregard for your rights as a Citizen of the City of Lincoln, State or Nebraska, United States of America.