Lincoln council holds public hearing on proposed nuisance-vehicle rules that would allow impoundments for dangerous driving

A public hearing on a proposed change to Lincoln Municipal Code Title 10 drew hours of testimony March 24 as council members weighed an ordinance that would define "disorderly vehicles," broaden prohibitions on racing and racing-like behavior, and authorize police to impound vehicles involved in certain dangerous-driving offenses.

City law and police officials told the council the changes are intended to reduce dangerous driving and improve public safety. John Carlson, with the city law team, said the ordinance would "clarify the code so the dangerous driving activities are clearly understood" and would allow officers to impound vehicles involved in a limited set of offenses when necessary to prevent continued dangerous driving.

The Lincoln Police Department provided data and a description of the problem. Captain Max Hebka said the department has pursued enhanced enforcement and technology on corridors including O Street but continues to see high-risk activity. "Our data shows that since the beginning of 2020, dangerous driving activities have contributed to more than 700 nighttime crashes, over 800 injury crashes, and six fatalities on O Street alone," Hebka said.

Under the proposal, impoundment would be discretionary and tied to specific offenses: racing, willful or reckless driving, and fleeing to avoid law enforcement. Carlson described a graduated impoundment regime: a first impound would allow immediate release after payment of towing and administrative fees; a second qualifying impound within a 12‑month period could be held for 10 days, with daily storage charges.

Council members and staff described the procedure as preserving officer discretion and adding supervisor review of towing decisions. Carlson said supervisors would be asked to approve impoundment requests so there is a second layer of review.

Public testimony split along safety and civil‑liberty lines. Mike Kracmeyer, president of the Withery Neighborhood Association, told the council the neighborhood "looks forward to quieter summer evenings" and said he supported measures that would reduce speed and noise. Several neighborhood residents described repeated sleepless nights from vehicle noise and expressed fear for pedestrian safety.

Opponents urged caution. Spike Eichold of the ACLU of Nebraska said the impoundment provision amounts to a punitive penalty imposed in the field before a judge determines guilt. "Despite the assertions that the impoundment is not a penalty, it is," Eichold said, adding that impoundment would fall on registered vehicle owners — who may not be the drivers — and could have an outsized effect on low‑income households.

Danielle Savington, a criminal‑court practitioner who said she recently moved to Lincoln, urged the council to consider diversion and education programs and to focus police presence on predictable times and locations when dangerous driving occurs. "If you catch people in the act and present them with programs or classes, that can change behavior," she said.

City staff and the city attorney said state law already gives municipalities tools to declare nuisances and remove them. Council members asked staff to provide additional legal detail; City Attorney staff told the council they would follow up with more analysis during the week.

The council did not vote on the ordinance on March 24. Carlson told the council staff and police would be available to answer further questions during the week as members prepare for formal consideration.

If adopted, the ordinance would create new enforcement options for officers confronting repeated or particularly dangerous driving, while leaving initial impoundment decisions to officer judgment with supervisor oversight.