Inadequate Signage Defense (Nebraska MUTCD)
Nebraska adopts the federal MUTCD by reference (Neb. Rev. Stat. §60-6,118). Parking restriction signs must be: (1) reflective; (2) at proper height (7 feet bottom); (3) spaced no more than 200 feet apart in restricted zones; (4) legible from a moving vehicle. State v. Norwood, 203 Neb. 201, holds that enforcement of parking regulations requires constructive notice via compliant signage. Faded, knocked-down, obscured, or absent signage renders the restriction unenforceable.
Legal basis
Neb. Rev. Stat. §60-6,118; Nebraska MUTCD; State v. Norwood, 203 Neb. 201
Sample appeal wording
TO: [Municipal Court] RE: Citation #[NUMBER] - Inadequate Signage Dear Hearing Officer, I contest citation #[NUMBER] under Neb. Rev. Stat. §60-6,118 and Nebraska MUTCD on the grounds of inadequate signage at [LOCATION]. The signage is deficient because: [A] No sign within 200 feet of where vehicle was parked [B] Sign faded, time/day restriction illegible [C] Sign obscured by [tree/truck/construction] [D] Sign knocked down or removed Under State v. Norwood, 203 Neb. 201, parking enforcement requires constructive notice. Attached photos document deficient signage. I request dismissal. Sincerely, [NAME]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- Neb. Rev. Stat. §60-6,118
- Nebraska MUTCD
- State v. Norwood, 203 Neb. 201