Chapter

130. PROPERTY OFFENSES

131. OFFENSES AGAINST PUBLIC ORDER

132. OFFENSES AGAINST PUBLIC JUSTICE
AND ADMINISTRATION

133. OFFENSES AGAINST PUBLIC HEALTH
AND SAFETY

134. OFFENSES AGAINST PUBLIC MORALS

CHAPTER 130: PROPERTY OFFENSES

Section

130.01 Criminal mischief
130.02 Criminal trespass
130.03 Radio interference
130.04 Injury to trees
130.05 Posting

§ 130.01 CRIMINAL MISCHIEF.

It shall be unlawful for any person to damage property of another intentionally or recklessly, or intentionally or recklessly tamper with property of another so as to endanger person or property, or intentionally or maliciously cause another to suffer pecuniary loss by deception or threat, provided that the value of the property involved is under $300.
(Neb. RS 28-519) Penalty, see § 10.99

§ 130.02 CRIMINAL TRESPASS.

(A) It shall be unlawful for any person, knowing that he or she is not licensed or privileged to do so, to enter or secretly remain in any building or occupied structure, or any separately secured or occupied portion thereof.
(Neb. RS 28-520)

(B) It shall be unlawful for any person, knowing that he or she is not licensed or privileged to do so, to enter or remain in any place as to which notice against trespass is given by:

(1) Actual communication to the actor; or

(2) Posting in a manner prescribed by law or reasonably likely to come to the attention of intruders; or

(3) Fencing or other enclosure manifestly designed to exclude intruders.
(Neb. RS 28-521) Penalty, see § 10.99

§ 130.03 RADIO INTERFERENCE.

Any person operating, or causing to be operated, any motor, sign, or other electrical apparatus that is connected with the light and power system shall equip the apparatus with proper filtering attachments to eliminate interference, provided that the provisions herein shall not apply to the use of necessary medical equipment or apparatus where electrical interference cannot be reasonably and safely eliminated. Any person who so operates or causes to be operated any such electrical apparatus that interferes habitually with radio and television reception shall be deemed to be guilty of a misdemeanor.
Penalty, see § 10.99
Statutory reference:
Authority to prohibit nuisances, see Neb. RS 18-1720 and 28-1321

§ 130.04 INJURY TO TREES.

It shall be unlawful for any person purposely or carelessly and without lawful authority to cut down, carry away, injure, break down, or destroy any fruit, ornamental, shade, or other tree or trees standing or growing on any land belonging to another person or persons or on any public land in the corporate limits. Any public service company desiring to trim or cut down any tree, except on property owned and controlled by it, shall make an application to the City Council to do so, and the written permit of the City Council in accordance with their decision to allow such an action shall constitute the only lawful authority on the part of the company to do so.
Penalty, see § 10.99

§ 130.05 POSTING.

It shall be unlawful for any person, firm, or corporation to use the streets, sidewalks, or public grounds of the municipality for signs, signposts, or the posting of handbills or advertisements without written permission of the City Council.
Penalty, see § 10.99
Statutory reference:
Authority, see Neb. RS 17-140

CHAPTER 131: OFFENSES AGAINST PUBLIC ORDER

Section

131.01 Disorderly conduct
131.02 Street games
131.03 Obstruction of public ways
131.04 Obstructing water flow
131.05 Curfew; duty of parent or guardian; defenses
131.06 Disturbing the peace

§ 131.01 DISORDERLY CONDUCT.

It shall be unlawful for any person to engage in conduct or behavior which disturbs the peace and good order of the municipality by clamor or noise, intoxication, drunkenness, fighting, or using of obscene or profane language in the streets or other public places or which is otherwise indecent or disorderly conduct or lewd or lascivious behavior.
Penalty, see § 10.99
Statutory reference:
Authority to prevent intoxication, see Neb. RS 17-129
Authority to regulate noise, riots, and routs, see Neb. RS 17-556

§ 131.02 STREET GAMES.

It shall be unlawful for any person to play catch, bat a ball, or kick or throw a football or to engage in any exercise or sport upon the municipal streets and sidewalks. Nothing herein shall be construed to prohibit or prevent the City Council from ordering from time to time certain streets and public places blocked off for the purpose of providing a safe area to engage in such exercise and sport.
Penalty, see § 10.99
Statutory reference:
Authority to regulate, excavation and obstruction of streets, see Neb. RS 17-142
Additional authority, see Neb. RS 17-555 and 17-557

§ 131.03 OBSTRUCTION OF PUBLIC WAYS.

It shall be unlawful for any person to erect, maintain, or suffer to remain on any street or public sidewalk a stand, wagon, display, or other obstruction inconvenient to or inconsistent with the public use of the same.
Penalty, see § 10.99
Statutory reference:
Authority to regulate, excavation and obstruction of streets, see Neb. RS 17-142
Additional authority, see Neb. RS 17-555 and 17-557
Penalties for injuring or obstructing roads, see Neb. RS 39-301 and 39-302

§ 131.04 OBSTRUCTING WATER FLOW.

It shall be unlawful for any person to stop or obstruct the passage of water in a street gutter, culvert, water pipe, or hydrant.
Penalty, see § 10.99
Statutory reference:
Authority to abate nuisances, see Neb. RS 17-555
Authority to prevent water obstruction, see Neb. RS 17-920

§ 131.05 CURFEW; DUTY OF PARENT OR GUARDIAN; DEFENSES.

(A) It shall be unlawful for any minor under the age of 16 years to loiter, idle, wander, stroll, or play in or upon any of the streets, roads, alleys or parks of the municipality, or other places of public amusement or recreation therein after the hour of 11:00 p.m. and until the hour of 5:00 a.m. of the following day on Sunday through Thursday, and after the hour of 12:30 a.m. and until the hour of 5:00 a.m. on Saturday and Sunday.

(B) It shall be unlawful for any parent, guardian, or any adult person having the legal care, custody, or control of any minor under the age of 16 years to allow or permit such minor to loiter, wander, stroll, idle or play in or about any of the places designated in division (A) of this section after the hour of 11:00 p.m. and until the hour of 5:00 a.m. of the following day on Sunday through Thursday, and after the hour of 12:30 a.m. and until the hour of 5:00 a.m. on Saturday and Sunday.

(C) It is a defense to prosecution under divisions (A) and (B) that the minor was:

(1) Accompanied by a parent, guardian, or other adult person having the legal care, custody, or control of such minor;

(2) On an errand at the direction of the minor's parent, guardian, or other adult person having the legal care, custody, or control of such minor and was using a direct route;

(3) In a motor vehicle involved in interstate travel;
(4) Engaged in an employment activity, including but not limited to newspaper delivery, and was using a direct route;

(5) Involved in an emergency;

(6) On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the County Sheriff about the minor's presence;

(7) Attending an official school or religious activity or returning home by a direct route from an official school or religious activity;

(8) Exercising first amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or

(9) Married or had been married or had disabilities of minority removed in accordance with the laws of the state of Nebraska.
(`88 Code, § 6-313) (Ord. 378, passed 8-5-96) Penalty, see § 10.99
Statutory reference:
General ordinance making authority, see Neb. RS 17-505

§ 131.06 DISTURBING THE PEACE.

It shall be unlawful for any person intentionally to disturb the peace and quiet of any person, family, or neighborhood.
(Neb. RS 28-1322)

CHAPTER 132: OFFENSES AGAINST PUBLIC JUSTICE AND ADMINISTRATION

Section

132.01 Impersonating a public servant
132.02 Impersonating a peace officer
132.03 Refusing to aid a peace officer
132.04 Resisting arrest without the use of a deadly or dangerous weapon
132.05 Obstructing a peace officer
132.06 Interfering with firefighter
132.07 False reporting

§ 132.01 IMPERSONATING A PUBLIC SERVANT.

It shall be unlawful for any person falsely to pretend to be a public servant other than a peace officer and perform any act in that pretended capacity. It is no defense that the office the actor pretended to hold did not in fact exist.
(Neb. RS 28-609) Penalty, see § 10.99

§ 132.02 IMPERSONATING A PEACE OFFICER.

It shall be unlawful for any person to falsely pretend to be a peace officer and perform any act in that pretended capacity.
(Neb. RS 28-610) Penalty, see § 10.99

§ 132.03 REFUSING TO AID A PEACE OFFICER.

It shall be unlawful for any person, upon a request by a person known to that person to be a peace officer, unreasonably to refuse or fail to aid such peace officer in:

(A) Apprehending any person charged with or convicted of any offense against any of the laws of this state or municipality; or

(B) Securing such offender when apprehended; or

(C) Conveying such offender to the jail of the county.
(Neb. RS 28-903) Penalty, see § 10.99

§ 132.04 RESISTING ARREST WITHOUT THE USE OF A DEADLY OR DANGEROUS
WEAPON.

(A) This section shall apply only to those actions taken to resist arrest without the use of a deadly or dangerous weapon. It shall be unlawful for any person intentionally to prevent or attempt to prevent a peace officer, acting under color of official authority, from effecting an arrest on said person or on another by:

(1) Using or threatening to use physical force or violence against the peace officer or another; or

(2) Using any other means which creates a substantial risk of causing physical injury to the peace officer or another; or

(3) Employing means which require substantial force to overcome resistance to effecting the arrest;

(B) It is an affirmative defense to prosecution under this section that the peace officer involved was out of uniform and did not identify himself or herself as a peace officer by showing credentials to the person whose arrest is attempted.
(Neb. RS 28-904) Penalty, see § 10.99

§ 132.05 OBSTRUCTING A PEACE OFFICER.

It shall be unlawful for any person to use or threaten to use violence, force, physical interference, or obstacle or intentionally to obstruct, impair, or hinder the enforcement of the penal law or the preservation of the peace by a peace officer or judge acting under color of official authority, or a police animal assisting a peace officer acting pursuant to the peace officer's official authority.
(Neb. RS 28-906) Penalty, see § 10.99

§ 132.06 INTERFERING WITH FIREFIGHTER.

A person commits the offense of interfering with a firefighter if at any time and place where any firefighter is discharging or attempting to discharge any official duties, the person willfully:

(A) Resists or interferes with the lawful efforts of any firefighter in the discharge or attempt to discharge an official duty; or

(B) Disobeys the lawful orders given by any firefighter while performing his or her duties; or

(C) Engages in any disorderly conduct which delays or prevents a fire from being extinguished within a reasonable time; or
(D) Forbids or prevents others from assisting or extinguishing a fire or exhorts another person, as to whom he or she has no legal right or obligation to protect or control, not to assist in extinguishing a fire.
(Neb. RS 28-908) Penalty, see § 10.99

§ 132.07 FALSE REPORTING.

(A) It shall be unlawful for any person to:

(1) Furnish material information he or she knows to be false to any peace officer or other official with the intent to instigate an investigation of an alleged criminal matter or impede the investigation of an actual criminal matter;

(2) Furnish information he or she knows to be false alleging the existence of the need for the assistance of an emergency medical service or out-of-hospital emergency care provider or an emergency in which human life or property are in jeopardy to any hospital, emergency medical service, or other person or governmental agency;

(3) Furnish any information, or cause such information to be furnished or conveyed by electric, electronic, telephonic, or mechanical means, knowing the same to be false concerning the need for assistance of a fire department or any personnel or equipment of such department;

(4) Furnish any information he or she knows to be false concerning the location of any explosive in any building or other property to any person;

(5) Furnish material information he or she knows to be false to any governmental department or agency with the intent to instigate an investigation or to impede an ongoing investigation and which actually results in causing or impeding such investigation.

(B) A person who violates this section commits the offense of false reporting.
(Neb. RS 28-907) Penalty, see § 10.99

CHAPTER 133: OFFENSES AGAINST PUBLIC HEALTH AND SAFETY

Section

General Provisions

133.01 Maintaining a nuisance
133.02 Appliances in yard
133.03 Putting carcass or filthy substance into well, spring, brook, or stream
133.04 Prohibited fences
133.05 Weeds; litter; stagnant water
133.06 Littering
133.07 Raising or producing stagnant water

Substance Offenses

133.20 Use of tobacco by minors
133.21 Sale of tobacco to minors
133.22 Misrepresentation by minor to obtain alcohol
133.23 Minor in possession of alcohol
133.24 Drinking on public property; open beverage container

Weapons Offenses

133.60 Discharge of firearms
133.61 Slingshots, air guns, BB guns

GENERAL PROVISIONS

§ 133.01 MAINTAINING A NUISANCE.

It shall be unlawful for any person to erect, keep up, or continue and maintain any nuisance to the injury of any part of the citizens of the municipality.
(Neb. RS 28-1321(1)) Penalty, see § 10.99

§ 133.02 APPLIANCES IN YARD.

It shall be unlawful for any person to permit a refrigerator, icebox, freezer, or any other dangerous appliance to be in the open and accessible to children whether on private or public property unless the person first removes all doors and makes the same reasonably safe.
Penalty, see § 10.99
Statutory reference:
Authority to prohibit nuisances within zoning jurisdiction, see Neb. RS 18-1720 and 28-1321

§ 133.03 PUTTING CARCASS OR FILTHY SUBSTANCE INTO WELL, SPRING,
BROOK, OR STREAM.

It shall be unlawful for any person to put any dead animal, carcass, or part thereof or other filthy substance into any well, or into any spring, brook, or branch of running water, of which use is made for domestic purposes.
(Neb. RS 28-1304) Penalty, see § 10.99

§ 133.04 PROHIBITED FENCES.

It shall be unlawful for any person to erect, or cause to be erected, and maintain any barbed wire or electric fence within the corporate limits, where such fence abuts a public sidewalk, street or alley.
Penalty, see § 10.99
Statutory reference:
Fences, see Neb. RS 18-1720, 28-1321, 39-705

§ 133.05 WEEDS; LITTER; STAGNANT WATER.

(A) Lots or pieces of ground within the city shall be drained or filled so as to prevent stagnant water or any other nuisance accumulating thereon.

(B) The owner or occupant of any lot or piece of ground within the city shall keep the lot or piece of ground and the adjoining streets and alleys free of any growth of 12 inches or more in height of weeds, grasses, or worthless vegetation.

(C) The throwing, depositing, or accumulation of litter on any lot or piece of ground within the city is prohibited, except that grass, leaves, and worthless vegetation may be used as a ground mulch or in a compost pile.

(D) It is hereby declared to be a nuisance to permit or maintain any growth of 12 inches or more in height of weeds, grasses, or worthless vegetation or to litter or cause litter to be deposited or remain thereon except in proper receptacles.

(E) Any owner or occupant of a lot or piece of ground shall, upon conviction of violating this section, be guilty of an offense.

(F) (1) Notice to abate and remove such nuisance shall be given to each owner or owner's duly authorized agent and to the occupant, if any, by personal service or certified mail. If notice by personal service or certified mail is unsuccessful, notice shall be given by publication in a newspaper of general circulation in the city or by conspicuously posting the notice on the lot or ground upon which the nuisance is to be abated and removed. Within five days after receipt of such notice or publication or posting, whichever is applicable, if the owner or occupant of the lot or piece of ground does not request a hearing with the city or fails to comply with the order to abate and remove the nuisance, the city may have such work done. The costs and expenses of any such work shall be paid by the owner.

(2) If unpaid for two months after such work is done, the city may either:

(a) Levy and assess the costs and expenses of the work upon the lot or piece of ground so benefited in the same manner as other special taxes for improvements are levied and assessed; or

(b) Recover in a civil action the costs and expenses of the work upon the lot or piece of ground and the adjoining streets and alleys.

(G) For purposes of this section:

(1) LITTER includes, but is not limited to:

(a) Trash, rubbish, refuse, garbage, paper, rags, and ashes;

(b) Wood, plaster, cement, brick, or stone building rubble;

(c) Grass, leaves, and worthless vegetation;

(d) Offal and dead animals; and

(e) Any machine or machines, vehicle or vehicles, or parts of a machine or vehicle which have lost their identity, character, utility, or serviceability as such through deterioration, dismantling, or the ravages of time, are inoperative or unable to perform their intended functions, or are cast off, discarded, or thrown away or left as waste, wreckage, or junk; and

(2) WEEDS includes, but is not limited to, bindweed (Convolvulus arvensis), puncture vine (Tribulus terrestris), leafy spurge (Euphorbia esula), Canada thistle (Cirsium arvense), perennial peppergrass (Lepidium draba), Russian knapweed (Centaurea picris), Johnson grass (Sorghum halepense), nodding or musk thistle, quack grass (Agropyron repens), perennial sow thistle (Sonchus arvensis), horse nettle (Solanum carolinense), bull thistle (Cirsium lanceolatum), buckthorn (Rhamnus sp.) (tourn), hemp plant (Cannabis sativa), and ragweed (Ambrosiaceae).
(Neb. RS 17-563) Penalty, see § 10.99
Statutory reference:
Authority, see Neb. RS 17-563

§ 133.06 LITTERING.

(A) Any person who deposits, throws, discards, or otherwise disposes of any litter on any public or private property or in any waters commits the offense of littering unless:

(1) The property is an area designated by law for the disposal of such material and the person is authorized by the proper public authority to so use the property; or

(2) The litter is placed in a receptacle or container installed on the property for such purpose.

(B) LITTER as used in this section shall mean all waste material susceptible of being dropped, deposited, discarded, or otherwise disposed of by any person upon any property in the state but does not include wastes of primary processes of farming or manufacturing. WASTE MATERIAL as used in this section shall mean any material appearing in a place or in a context not associated with that material's function or origin.

(C) Whenever litter is thrown, deposited, dropped, or dumped from any motor vehicle or watercraft in violation of this section, the operator of the motor vehicle or watercraft commits the offense of littering.
(Neb. RS 28-523) Penalty, see § 10.99

§ 133.07 RAISING OR PRODUCING STAGNANT WATER.

It shall be unlawful for any person to build, erect, continue, or keep up any dam or other obstruction in any river or stream of water in the city and thereby raise an artificial pond or produce stagnant waters which shall be manifestly injurious to the public health and safety.
(Neb. RS 28-1303) Penalty, see § 10.99

SUBSTANCE OFFENSES

§ 133.20 USE OF TOBACCO BY MINORS.

It shall be unlawful for any person under the age of 18 years to smoke cigarettes or cigars or to use tobacco in any form whatever. Any minor so charged with the violation of this section may be free from prosecution when the minor shall have furnished evidence for the conviction of the person or persons selling or giving him or her the cigarettes, cigars, or tobacco.
(Neb. RS 28-1418) Penalty, see § 10.99

§ 133.21 SALE TO MINORS.

It shall be unlawful for any person to sell, give, or furnish in any way any tobacco in any form whatever, or any cigarettes or cigarette paper, to any minor under 18 years of age.
(Neb. RS 28-1419) Penalty, see § 10.99

§ 133.22 MISREPRESENTATION BY MINOR TO OBTAIN ALCOHOL.

It shall be unlawful for any minor, as defined by Neb. RS 53-103, to obtain or attempt to obtain alcoholic liquor by misrepresentation of age, or by any other method, in any tavern or other place where alcoholic liquor is sold.
(Neb. RS 53-180.01) Penalty, see § 10.99
Statutory reference:
False identification intended for minors, see Neb. RS 53-180.05
Permitted employment for minors, see Neb. RS 53-168.06

§ 133.23 MINOR IN POSSESSION.

It shall be unlawful for any minor, as defined by Neb. RS 53-103 to transport, possess knowingly, or have under his or her control, in any motor vehicle, beer or other alcoholic liquor on any public street, alley, roadway, or property owned by the state of Nebraska or any subdivision thereof or any other place within the municipal limits.
Penalty, see § 10.99
Statutory reference:
Similar provisions, see Neb. RS 53-180.02
Permitted employment for minors, see Neb. RS 53-168.06

§ 133.24 DRINKING ON PUBLIC PROPERTY; OPEN BEVERAGE CONTAINER.

(A) Except when the Nebraska Liquor Control Commission has issued a license as provided in Neb. RS 53-186(2), it is unlawful for any person to consume alcoholic liquor upon property owned or controlled by the state or any governmental subdivision thereof unless authorized by the governing bodies having jurisdiction over such property.
(Neb. RS 53-186)

(B) (1) It is unlawful for any person in the passenger area of a motor vehicle to possess an open alcoholic beverage container while the motor vehicle is located in a public parking area or on any highway in this municipality.

(2) Except as provided in Neb. RS 53-186, it is unlawful for any person to consume an alcoholic beverage (a) in a public parking area or on any highway in this municipality or (b) inside a motor vehicle while in a public parking area or on any highway in this municipality.

(3) For purposes of this division:

(a) Alcoholic beverage means (i) beer, ale porter, stout, and other similar fermented beverages, including sake or similar products, of any name or description containing one-half of one percent or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefor, (ii) wine of not less than one-half of one percent of alcohol by volume, or (iii) distilled spirits which is that substance known as ethyl alcohol, ethanol, or spirits of wine in any form, including all dilutions and mixtures thereof from whatever source or by whatever process produced. Alcoholic beverage does not include trace amounts not readily consumable as a beverage;

(b) Highway means a road or street including the entire area within the right-of-way;

(c) Open alcoholic beverage container means any bottle, can, or other receptacle:

(i) That contains any amount of alcoholic beverage; and

(ii) A. That is open or has a broken seal; or

B. The contents of which are partially removed; and

(d) Passenger area means the area designed to seat the driver and passengers while the motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in their seating positions, including any compartments in such area. Passenger area does not include the area behind the last upright seat of such motor vehicle if the area is not normally occupied by the driver or a passenger and the motor vehicle is not equipped with a trunk.
(Neb. RS 60-6,211.08) Penalty, see § 10.99

WEAPONS OFFENSES

§ 133.60 DISCHARGE OF FIREARMS.

It shall be unlawful for any person, except an officer of the law in the discharge of official duty, to fire or discharge any gun, pistol, or other fowling piece within the municipality, except that nothing in this section shall be construed to apply to officially sanctioned public celebrations if the persons so discharging firearms have written permission from the City Council.
Penalty, see § 10.99
Statutory reference:
Authority to regulate, see Neb. RS 17-556

§ 133.61 SLINGSHOTS, AIR GUNS, BB GUNS.

(A) It shall be unlawful for any person, except an officer of the law, in the discharge of his official duty, to fire or discharge any gun, pistol, or other fowling piece within the municipality; provided, nothing herein shall be construed to apply to officially sanctioned public celebrations if the persons so discharging firearms have written permission from the City Council.

(B) It shall be unlawful for any person to discharge a slingshot, air gun, BB gun, or the like loaded with rock or other dangerous missiles at any time or under any circumstances within the municipality.
Penalty, see § 10.99
Statutory reference:
Authority to regulate, see Neb. RS 17-556

CHAPTER 134: OFFENSES AGAINST PUBLIC MORALS

Section

134.01 Prostitution
134.02 Public indecency
134.03 Gambling

§ 134.01 PROSTITUTION.

It shall be unlawful for any person to perform, offer, or agree to perform any act of sexual penetration, as defined in Neb. RS 28-318 with any person not his or her spouse in exchange for money or other things of value.
(Neb. RS 28-801) Penalty, see § 10.99

§ 134.02 PUBLIC INDECENCY.

It shall be unlawful for any person, 18 years of age or over, to perform or procure or assist any other person to perform in a public place and where the conduct may reasonably be expected to be viewed by members of the public:

(A) An act of sexual penetration as defined by Neb. RS 28-318(6); or

(B) An exposure of the genitals of the body done with intent to affront or alarm any person; or

(C) A lewd fondling or caressing of the body of another person of the same or opposite sex.
(Neb. RS 28-806) Penalty, see § 10.99

§ 134.03 GAMBLING.

(A) For purposes of this section, the definitions found in Neb. RS 28-1101 shall be used.

(B) It shall be unlawful for any person to:

(1) Engage in bookmaking;

(2) Receive money in connection with any unlawful gambling scheme; or
(3) Knowingly participate in any unlawful gambling as a player by placing a bet.
(Neb. RS 28-1102 - 28-1104)

(C) It shall be unlawful for any person to manufacture, sell, transport, place, possess, or conduct or negotiate any transaction affecting or designed to affect ownership, custody, or use of any gambling device, knowing that it shall be used in the advancement of unlawful gambling activity.
(Neb. RS 28-1107)
Penalty, see § 10.99