TITLE
IX: GENERAL REGULATIONS
Chapter
90. LEISURE AND RECREATION
91. CEMETERY
92. FIRE REGULATIONS
93. HEALTH AND SAFETY
94. PUBLIC WAYS AND PROPERTY
95. ANIMALS
96. TREES
CHAPTER 90: LEISURE AND RECREATION
Section
Library
90.01 Operation and funding
90.02 Library Board; general powers and duties
90.03 Grounds and building
90.04 Sale and conveyance of real estate
90.05 Mortgages; release or renewal
90.06 Cost of use
90.07 Discrimination prohibited
90.08 Annual report
90.09 Penalties; recovery; disposition
90.10 Donations
90.11 Improper book removal
Parks
90.20 Definitions
90.21 Operation and funding
90.22 Injury to property
90.23 Public Parks, Hours of Operation
Swimming Pool
90.30 Operation and funding
90.31 Admission charge
90.32 Rentals
90.33 Rules and regulations
LIBRARY
§ 90.01 OPERATION AND FUNDING.
(A) The city may own and manage a Municipal Library through the Library Board.
(B) The City Council, for the purpose of defraying the cost of the
management, purchases, improvements, and maintenance of the Library, may each
year levy a tax not exceeding the maximum limit prescribed by state law, on the
taxable value of all taxable property within the city. The amount collected
from the levy shall be known as the Library Fund.
(Neb. RS 51-201)
(C) The Fund shall also include all gifts, grants, deeds of conveyance, bequests, or other valuable income-producing personal property and real estate from any source for the purpose of endowing the Municipal Library.
(D) All taxes levied or collected and all funds donated or in any way
acquired for the erection, maintenance, or support of the Municipal Library
shall be kept for the use of the Library separate and apart from all other
funds of the city, shall be drawn upon and paid out by the City Treasurer upon
vouchers signed by the president of the Library Board and authenticated by the
secretary of the Board, and shall not be used or disbursed for any other
purpose or in any other manner. The City Council may establish a public library
sinking fund for major capital expenditures.
(Neb. RS 51-209)
(E) Any money collected by the Library shall be turned over monthly by the Librarian to the City Treasurer along with a report of the sources of the revenue.
§ 90.02 LIBRARY BOARD; GENERAL POWERS AND DUTIES.
(A) The Library Board shall have the power to make and adopt such bylaws,
rules, and regulations for its own guidance and for the government of the
library and reading room as it may deem expedient, not inconsistent with Neb.
RS 51-201 through 51-219.
(Neb. RS 51-205)
(B) The Library Board shall have exclusive control of expenditures, of all
money collected or donated to the credit of the Library Fund, of the renting
and construction of any Library building, and the supervision, care, and
custody of the grounds, rooms, or buildings constructed, leased, or set apart
for that purpose.
(Neb. RS 51-207)
§ 90.03 GROUNDS AND BUILDING.
(A) The Library Board may purchase or lease grounds, exercise the power of
eminent domain, and condemn real estate for the purpose of securing a site for
a Library building. The procedure to condemn property shall be exercised in the
manner set forth in Neb. RS 76-704 through 76-724.
(Neb. RS 51-210)
(B) The Board may erect, lease, or occupy an appropriate building for the
use of the Library.
(Neb. RS 51-211)
§ 90.04 SALE AND CONVEYANCE OF REAL ESTATE.
The Library Board may, by resolution, direct the sale and conveyance of any
real estate owned by the Board or by the Municipal Library, which is not used
for Library purposes, or of any real estate so donated or devised to the Board
or to the Library upon such terms as the Board may deem best and as otherwise
provided in Neb. RS 51-216.
(Neb. RS 51-216)
§ 90.05 MORTGAGES; RELEASE OR RENEWAL.
The president of the Library Board shall have the power to release, upon
full payment, any mortgage constituting a credit to the Library Fund and
standing in the name of the Library Board. The signature of the president on
any such release shall be authenticated by the secretary of the Board. The
president and secretary in like manner, upon resolution duly passed and adopted
by the Board, may renew any such mortgage.
(Neb. RS 51-206)
§ 90.06 COST OF USE.
(A) Except as provided in division (B) of this section, the Municipal
Library and reading room shall be free of charge for the use of the inhabitants
of the city, subject always to such reasonable regulations as the Library Board
may adopt to render the Library of the greatest use to the inhabitants. The
Librarian may exclude from the use of the Library and reading rooms any person
who willfully violates or refuses to comply with rules and regulations
established for the government thereof.
(Neb. RS 51-212)
(B) The Library shall make its basic services available without charge to
all residents of the city. The Board may fix and impose reasonable fees, not to
exceed the Library’s actual cost, for nonbasic
services.
(Neb. RS 51-211)
(C) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BASIC SERVICES. Include, but are not limited to, free loan of circulating print and nonprint materials from the local collection and general reference and information services.
NONBASIC SERVICES. Include, but are not limited to, use of:
(a) Photocopying equipment;
(b) Telephones, facsimile equipment, and other telecommunications equipment;
(c) Media equipment;
(d) Personal computers; and
(e) Videocassette recording and playing equipment.
(Neb. RS 51-201.01)
§ 90.07 DISCRIMINATION PROHIBITED.
No Library service shall be denied to any person because of race, sex,
religion, age, color, national origin, ancestry, physical handicap, or marital
status.
(Neb. RS 51-211)
§ 90.08 ANNUAL REPORT.
The Library Board shall, on or before the second Monday in February in each
year, make a report to the City Council of the condition of its trust on the
last day of the prior fiscal year. The report shall show all money received and
credited or expended; the number of materials held, including books, video and
audio materials, software programs, and materials in other formats; the number
of periodical subscriptions on record, including newspapers; the number of
materials added and the number withdrawn from the collection during the year;
the number of materials circulated during the year; and other statistics,
information, and suggestions as the Library Board may deem of general interest
or as the City Council may require. The report shall be verified by affidavit
of the president and secretary of the Library Board.
(Neb. RS 51-213)
§ 90.09 PENALTIES; RECOVERY; DISPOSITION.
Penalties imposed or accruing by any bylaw or regulation of the Library
Board and any court costs and attorney’s fees may be recovered in a civil
action before any court having jurisdiction, such action to be instituted in
the name of the Library Board. Money, other than any court costs and attorney’s
fees, collected in such actions shall be placed in the treasury of the city to
the credit of the Library Fund. Attorney’s fees collected pursuant to this
section shall be placed in the treasury of the city and credited to the budget
of the City Attorney’s office.
(Neb. RS 51-214)
§ 90.10 DONATIONS.
Any person may make donation of money, lands, or other property for the
benefit of the Municipal Library. The title to property so donated may be made
to and shall vest in the Library Board and their successors in office, and the Board shall thereby
become the owners thereof in trust to the uses of the Municipal Library.
(Neb. RS 51-215)
§ 90.11 IMPROPER BOOK REMOVAL.
It shall be unlawful for any person not authorized by the regulations made
by the Library Board to take a book from the Library without the consent of the
Librarian or an authorized employee of the Library. Any person removing a book
from the Library without properly checking it out shall be deemed to be guilty
of an offense.
Penalty, see § 10.99
PARKS
§ 90.20 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MOTOR VEHICLE. Any vehicle propelled by power other than muscular power.
PARK. Any park, playground, swimming pool, recreation center, or any other park or recreational use or facility within or without the limits of the city which is under city ownership or control.
ROAD WAY. Every way open to the use of the public
for vehicular travel, including any street or highway of the city in or through
any park as herein defined, and including any park drive and parkway open to
the public for vehicular travel.
(`88 Code, § 3-603) (Ord. 420, passed 6-21-99)
§ 90.21 OPERATION AND FUNDING.
The municipality owns and operates the municipal parks and other
recreational areas through the Board of Park Commissioners. The City Council,
for the purpose of defraying the cost of the care, management, and maintenance
of the municipal park may each year levy a tax not exceeding the maximum limit
prescribed by state law on the taxable value of all taxable property within the
corporate limits. The revenue from the said tax shall be known as the park fund
and shall remain in the custody of the Municipal Treasurer. The Board of Park
Commissioners shall have the authority to adopt rules and regulations for the
efficient management of the municipal parks and other recreational areas of the
municipality. The Board of Park Commissioners shall not enter into a contract
of any nature which involves an expenditure of funds, except for ordinary
operating expenses, unless the contract has been approved by resolution of the
majority of the members of the City Council prior to the contractual agreement.
(`88 Code, § 3-601)
Statutory reference:
Recreation centers and areas generally, see Neb. RS 17-948 through 17-952
§ 90.22 INJURY TO PROPERTY.
It shall be unlawful for any person maliciously or willfully to cut down,
injure, or destroy any tree, plant, or shrub. It shall be unlawful for any
person to injure or destroy any sodded or planted
area or injure or destroy any building, structure, equipment, fence, bench,
table, or any other property of the municipal parks and recreational areas. No
person shall commit any waste on or litter the municipal parks or other public
grounds. It shall be unlawful for any person to operate a motorized vehicle
within the park except on maintained roads and parking areas.
(`88 Code, § 3-602) Penalty, see § 10.99
Statutory reference:
Littering of public and private property, see Neb. RS 28-523
§ 90.23 PUBLIC PARKS, HOURS OF OPERATION.
No
personal shall enter into, remain in, or use any public park or city
recreational facility during the periods of time set by this section unless
special permission shall have been given by the City for such persons or group
of persons to remain there.
(A) No person shall remain in or on any city
park, inclusive of the municipal golf course, from 10:00pm to 6:00a.m. during mountain standard time.
(B) Exceptions
are made for:
Clubhouses and related facilities on the municipal golf
course. These facilities may remain open until 1:00a.m. or
as otherwise set by the golf course manager.
(1)
Clubhouses
and related facilities on the municipal golf course. These facilities may
remain open until 1:00a.m. or as otherwise
set by the golf course manager.
Penalty, see § 10.99
SWIMMING POOLS
§ 90.30 OPERATION AND FUNDING.
The municipality owns and manages the municipal swimming pool. The City
Council, for the purpose of defraying the cost of the management, maintenance,
and improvements of the swimming pool may each year levy a tax not exceeding
the maximum limit prescribed by state law on the taxable value of all taxable
property within the municipality. The revenue from the tax shall be known as
the swimming pool fund and shall include all gifts, grants, deeds of
conveyance, bequests, or other valuable income-producing personal property and
real estate from any source for the purpose of endowing the swimming pool. The
swimming pool fund shall at all times be in the custody of the Municipal
Treasurer. The Pool Manager shall manage the swimming pool. The Pool Manager
shall have the power and authority to hire and supervise and such employees as
he or she may deem necessary and shall pass such rules and regulations for the
operation of the swimming pool as may be proper for its efficient operation.
All actions by the Pool Manager shall be under the supervision and control of
the Mayor and City Council.
(`88 Code, § 3-701)
Statutory reference:
Recreation centers and areas generally, see Neb. RS 17-948 through 17-952
§ 90.31 ADMISSION CHARGE.
The City Council may, for the purpose of defraying the expenses involved in
maintaining, improving, managing, and beautifying the swimming pool, make a
reasonable admission charge for the use by any person of the municipal swimming
pool. The charges shall be on file at the office of the Municipal Clerk and
shall also be posted in a conspicuous place at the municipal swimming pool for
public inspection. Such rates may be structured for classes of persons in a
reasonable manner, provided that nothing in this section shall be construed to
permit or allow discrimination on the basis of race, sex, religion, color,
national origin, or ancestry in the classification of persons for admission
charges.
(`88 Code, § 3-702)
Statutory reference:
Authority to charge fees and prescribe regulations, see Neb. RS 17-949
Discrimination prohibited, see Neb. RS 20-132
§ 90.32 RENTALS.
The Pool Manager shall have the authority to rent the municipal swimming
pool to such organizations and other persons as it may in its discretion see
fit, subject to the review of the City Council. The Pool Manager shall
prescribe rules and regulations for such rentals and shall require an
appropriate number of qualified lifeguards to be in attendance during the
rental period. Such fees and other costs shall be on file at the office of the
Municipal Clerk and posted in a conspicuous place at the municipal swimming
pool.
(`88 Code, § 3-703)
§ 90.33 RULES AND REGULATIONS.
The Pool Manager shall have the power and authority to enact bylaws, rules,
and regulations for the protection of those using the swimming pool and for the
efficient management thereof. He or she may provide suitable penalties for the
violation of such bylaws, rules, and regulations subject to the review and
supervision of the City Council.
(`88 Code, § 3-704) Penalty, see § 10.99
CHAPTER 91: CEMETERY
Section
91.01 Operation and funding
91.02 Sexton
91.03 Acquisition of lots
91.04 Acquisition; title
91.05 Conveyance of lots
91.06 Forfeiture of lots
91.07 Lot transfers
91.08 Perpetual care
91.09 Burial permit
91.10 Burial of indigents
91.11 Lot curbing
91.12 Shrubs and trees
91.13 Monuments
91.14 Grave depth
91.15 Destruction of property
91.16 Reclamation
91.17 Vaults
91.18 Cremation remains; containers
§ 91.01 OPERATION AND FUNDING.
The municipality owns and manages the municipal cemetery through the
Cemetery Board. The City Council, for the purpose of defraying the cost of the care,
management, maintenance, and beautification of the cemetery may each year levy
a tax not exceeding the maximum limit prescribed by state law on the taxable
value of all taxable property within the municipality that is subject to
taxation for general purposes. The revenue from the said tax shall be known as
the cemetery fund and shall include all gifts, grants, deeds of conveyance,
bequests, money, stocks, bonds, or other valuable income-producing personal
property and real estate from any source for the purpose of endowing the
cemetery. The cemetery fund shall at all times be in the custody of the
Municipal Treasurer. The Board shall have the power and authority to hire and
supervise such employees as it may deem necessary and to pass such rules and regulations
for the operation of the cemetery as may be proper for its efficient operation.
All actions by the Board shall be under the supervision and control of the City
Council.
(`88 Code, § 3-901)
Statutory reference:
Cemetery board; taxing authority, see Neb. RS 12-401 through 12-403
§ 91.02 SEXTON.
The Cemetery Board, subject to the approval of the City Council, shall have
the authority to appoint a Sexton who shall perform such duties and make such
reports as the Cemetery Board shall direct, and to employ such labor and
assistants as the Cemetery Board may deem necessary from persons not belonging
to the Board. It shall be the duty of the Sexton, upon receiving a burial
permit to locate and direct the party named in the permit to the lot mentioned
therein and to dig and excavate, or cause the same to be dug or excavated, in
compliance with the rules and regulations of the Cemetery Board.
(`88 Code, § 3-902)
Statutory reference:
Authority to contract, see Neb. RS 12-403
§ 91.03 ACQUISITION OF LOTS.
The municipality through its Mayor and City Council may, by eminent domain,
condemn, purchase, hold, and pay for land not exceeding 160 acres outside the
corporate limits of the city for the purpose of the burial of the dead. The
Mayor and Council are also empowered and authorized to receive by gift or
devise real estate for cemetery purposes. In the event that the city through
its Mayor and Council desires to purchase any cemetery belonging to any
corporation, partnership, limited liability company, association, or
individual, which cemetery has already been properly surveyed and platted, and
is used for cemetery purposes, then the Mayor and City Council are hereby
authorized and empowered to purchase the cemetery. In the event the owner or
owners of such cemetery desired to be purchased by the municipality will not or
cannot sell and convey the same to the city or in the event the owner or owners
of such cemetery cannot agree upon the price to be paid for the cemetery, the
Mayor and Council or the city shall, by resolution, declare the necessity for
the acquisition thereof by exercise of the power of eminent domain. The
adoption of the resolution shall be deemed conclusive evidence of such
necessity.
(Neb. RS 17-926) (`88 Code, § 8-113) (Ord. 464, passed 1-10-02)
§ 91.04 ACQUISITION; TITLE.
Where such real estate is acquired by gift or devise, the title shall vest
in the city upon the conditions imposed by the donor and upon acceptance by the
Mayor and City Council. Where such real estate is acquired by purchase or by
virtue of exercise of the right of eminent domain, the title shall vest
absolutely in such city.
(Neb. RS 17-933) (`88 Code, § 8-114) (Ord. 464, passed 1-10-02)
§ 91.05 CONVEYANCE OF LOTS.
The Mayor and City Council may convey cemetery lots by certificate signed by
the Mayor, and countersigned by the Municipal Clerk under the municipal seal,
specifying that the person to whom the same is issued is the owner of the lot
described therein by number for the purpose of interment. The certificate shall
give a right in fee simple to the proprietor, his or her heirs, and assigns.
The certificate shall then be recorded in the office of the Register of Deeds.
(Neb. RS 17-941) (`88 Code, § 3-903)
§ 91.06 FORFEITURE OF LOTS.
If, for three consecutive years, all charges and liens are not paid by the
holders of the lot certificates, the certificates shall be declared forfeited
and subject to resale. All certificates sold shall contain a forfeiture clause
to the effect that if no interment is made on the lot and all liens paid, the
certificate and the rights under the same may, at the option of the Cemetery
Board, with the sanction of the City Council, be declared null and void and the
lot shall be subject to resale.
(`88 Code, § 3-904)
§ 91.07 LOT TRANSFERS.
Any person who wishes to transfer a certificate may do so by surrendering
the original certificate to the Municipal Clerk, who shall issue a new
certificate upon the receipt of the recording fee set by resolution of the City
Council.
(`88 Code, § 3-905)
§ 91.08 PERPETUAL CARE.
The Municipal Treasurer shall allocate and set apart a percentage of the entire amount paid for lots or burial spaces if the lots or burial spaces are to be endowed with perpetual care. The fund shall be permanent in nature, and as it accumulates shall be invested in such interest bearing securities as are authorized by state law. The income earned thereon shall be used solely for the purposes of perpetual care for the cemetery lots. Any lot owner who shall not have, prior to the purchase of his lot, endowed his holdings with perpetual care, may do so by paying to the Secretary of the Cemetery Board such sum of money as the City Manager may in each case fix and determine. Thereafter, the owner shall not be liable for the payment of an annual maintenance assessment.
§ 91.09 BURIAL PERMIT.
All persons desiring to bury a deceased person shall first be required to
file a completed death certificate with the Bureau of Vital Statistics before any body may be buried in the municipal cemetery. If it is
impossible to complete the certificate of death within the legal period of time
prescribed by state law, the funeral director shall notify the Bureau of the
reason for the delay and file the certificate as soon as possible. The burial
permit so issued by the Bureau shall then be filed with the Municipal Clerk. It
shall be unlawful for the sexton or other person to allow the interment of a
body without first receiving such permit. The burial permit shall then be
countersigned and dated by the sexton. The interment of any
body shall be performed under the direct supervision of a licensed
funeral director. The applicant shall also file with the burial permit an
application containing the name, age, sex, race, and cause of death of the
deceased person for the records of the Cemetery Board. Upon completion of the
requirements herein, the Municipal Clerk shall then issue a municipal burial
permit which shall entitle the applicant to bury a deceased person in the
municipal cemetery. In the event that the removal of the body of any deceased
person is requested, the Municipal Clerk shall issue no permit until the
applicant shall have first complied with the laws of the state of Nebraska with
respect to such disinterment.
(`88 Code, § 3-907)
Statutory reference:
Death certificate general requirements, see Neb. RS 71-605
§ 91.10 BURIAL OF INDIGENTS.
Within the Municipal Cemetery there shall be included a plot of ground which
shall be available for the free burial of indigents and unknown travelers who
may die while they are within the municipality.
(`88 Code, § 3-908)
§ 91.11 LOT CURBING.
It shall be hereafter unlawful for the owner of any lot to construct,
maintain, or suffer to remain any curbing around any lot or burial space
therein of a height greater than one inch.
Penalty, see § 10.99
§ 91.12 SHRUBS AND TREES.
It shall be unlawful, without the written permission of the City Manager, to
plant, maintain, or suffer to remain on any cemetery lot a shrub or tree
attaining a height of more than four feet.
Penalty, see § 10.99
§ 91.13 MONUMENTS.
Persons desiring to erect monuments, tombstones, or other structures shall
first procure a permit from the Municipal Clerk. The Cemetery Board shall
review all such applications and shall give written approval for any permit
prior to the issuance by the Municipal Clerk of the permit.
(`88 Code, § 3-909) Penalty, see § 10.99
§ 91.14 GRAVE DEPTH.
Graves shall not be less than six feet deep; provided, nothing herein shall
be construed to prohibit the use of mausoleums or other recognized methods of
interring deceased persons if such a burial procedure is approved by the
Cemetery Board.
(`88 Code, § 3-910)
§ 91.15 DESTRUCTION OF PROPERTY.
Any person who shall willfully destroy, mutilate, deface, injure, or remove
any tomb, monument, or gravestone placed in the cemetery, or any fence,
railing, or other work for the protection or ornamentation of the cemetery, or
who shall willfully destroy, cut, break, or injure any tree, shrub, or plant
shall be deemed to be guilty of an offense.
(`88 Code, § 3-911) Penalty, see § 10.99
Statutory reference:
Criminal mischief, see Neb. RS 28-519
§ 91.16 RECLAMATION.
When any lot has been transferred by warranty deed or by a deed conveying a fee
simple title, but there has been no burial in any such lot or subdivision
thereof and no payment of annual assessments for a period of three years, the
Cemetery Board with the sanction of the City Council, may reclaim the unused
portion of such lot or subdivision after notifying the record owner or his or
her heirs or assigns, if known, by certified mail and publishing notice of its
intention to do so. Such notice shall be published once each week for four
weeks in a newspaper of general circulation throughout the county in which the
cemetery is located, shall describe the lot or subdivision proposed to be
reclaimed, and shall be addressed to the person in whose name such portion
stands of record or, if there is no owner of record, to all persons claiming
any interest in such lot or subdivision. If no person appears to claim such lot
or subdivision and pay all delinquent assessments with interest within 15 days
after the last date of such publication, the Cemetery Board may by resolution
reclaim such lot or subdivision. Such reclamation shall be complete upon a
filing of a verified copy of such resolution, together with proof of
publication, in the office of the Register of Deeds.
(`88 Code, § 3-912)
§ 91.17 VAULTS.
No wooden vaults shall be allowed in the Municipal Cemetery. All vaults
shall be of steel or cement.
(`88 Code, § 3-906) Penalty, see § 10.99
§ 91.18 CREMATION REMAINS; CONTAINERS.
There shall be required for the interment of any cremation remains in the
Municipal Cemetery a container in which such cremated remains shall be placed,
such container to be constructed of a durable material, other than wood, such
as concrete or metal, impervious to the elements and to be sealed before
burial.
(`88 Code, § 3-913) (Ord. 380, passed 11-19-96)
CHAPTER 92: FIRE REGULATIONS
Section
Fire Prevention
92.01 Open burning ban; waiver
Poisonous and Flammable Gases; Explosives
92.20 Petroleum gas
92.21 Poisonous and flammable gases
92.22 Bullets
92.23 Blasting permit
92.24 Transportation
Fire Prevention
92.30 Life Safety Code
92.31 Fire Prevention Code
92.32 Fire Code enforcement
92.33 Fire limits defined
92.34 Fire limits building materials
92.35 Removal required
92.36 Repair required
Fireworks
92.50 Definition
92.51 Permitted fireworks
92.52 Throwing firecrackers
92.53 Sale
FIRE PREVENTION
§ 92.01 OPEN BURNING BAN; WAIVER.
(A) There shall be a statewide open burning ban on all bonfires, outdoor rubbish fires, and fires for the purpose of clearing land.
(B) The Fire Chief of the municipal Fire Department or his or her designee may waive an open burning ban under division (A) of this section for an area under his or her jurisdiction by issuing an open burning permit to a person requesting permission to conduct open burning. The permit issued by the Fire Chief or his or her designee to a person desiring to conduct open burning shall be in writing, signed by the Fire Chief or his or her designee, and on a form provided by the State Fire Marshal.
(C) The municipal Fire Chief or his or her designee may waive the open burning ban in his or her jurisdiction when conditions are acceptable to the Chief or his or her designee. Anyone burning in such jurisdiction when the open burning ban has been waived shall notify the Fire Department of his or her intention to burn.
(D) The municipal Fire Chief may adopt and promulgate rules and regulations listing the conditions acceptable for issuing a permit to conduct open burning under division (B) of this section.
(E) The municipal Fire Department may charge a fee not to exceed $10 for
each such permit issued. This fee shall be remitted to the City Council for
inclusion in the general funds allocated to the Fire Department. Such funds
shall not reduce the tax requirements for the Fire Department. No such fee
shall be collected from any state or political subdivision to which such a
permit is issued to conduct open burning under division (B) of this section in
the course of such state's or political subdivision's official duties.
(`88 Code, § 7-210)
Statutory reference:
Statewide ban; exemptions, see Neb. RS 81-520.01
POISONOUS AND FLAMMABLE GASES; EXPLOSIVES
§ 92.20 PETROLEUM GAS.
Any person desiring to store or keep in their possession liquefied petroleum
gas shall place the containers outside of buildings on nonflammable docks or platforms,
and no such container shall at any time be stored within a building of any
kind.
Penalty, see § 10.99
Statutory reference:
Authority to regulate, see Neb. RS 17-549
§ 92.21 POISONOUS AND FLAMMABLE GASES.
Any person, firm, or corporation desiring to store or keep in the
municipality for any period of time any form of poisonous or flammable gas or
liquefied petroleum gas or add to, enlarge, or replace any facility used for
the storage of such gases, must first get permission from the City Council. The
City Council shall require the name of the gas, the place of storage, and the
amount of gas stored. If permission is granted, the City Council shall
prescribe such rules, regulations, and precautionary actions as they may deem
necessary. Permit requirements for the initial construction or location of
storage facilities shall not apply to those facilities in existence on the
effective date of the ordinance enacting this section, provided that any such
present use that is discontinued for a period of 60 days shall not be revived
without a permit. The provisions of this section shall be controlling
throughout the municipality and throughout its zoning jurisdiction.
(`88 Code, § 7-401) Penalty, see § 10.99
Statutory reference:
Authority to regulate, see Neb. RS 17-549
Authority throughout zoning jurisdiction, see Neb. RS 17-1001
Authority to regulate nuisances, see Neb. RS 18-1720
§ 92.22 BULLETS.
Cartridges, shells, and percussions caps shall be kept in their original containers away from flame, flammable materials, and high explosives.
§ 92.23 BLASTING PERMIT.
In addition to notifying the Municipal Fire Department pursuant to Neb. RS 28-1233(3), any person desiring to discharge explosive materials within the municipality shall secure a permit from the City Council and shall discharge such explosive materials in conformance with the conditions specified in the permit. In no case shall any person perform blasting operations unless operating under the direct supervision of a person in possession of a valid user's permit issued by the Nebraska State Patrol.
§ 92.24 TRANSPORTATION.
Any person wishing to transport high explosives in the municipality shall first acquire a permit from the City Council and shall take such precautions and use such route as they may prescribe. Nothing herein shall be construed to apply to the county police, or any of the Armed Services of the United States. No vehicle transporting explosives shall make an unscheduled stop for longer than five minutes within the municipality and in the event of mechanical failure, immediate notice of such breakdown shall be given the County Sheriff, who shall then prescribe such precautions as may be necessary to protect the residents of the municipality and a reasonable time for removal of the vehicle from the municipality.
FIRE PREVENTION
§ 92.30 LIFE SAFETY CODE.
Incorporated by reference into this code are the standards recommended by
the National Fire Protection Association, known as the Life Safety Code, 1967
edition, and all subsequent amendments. This code shall have the same force and
effect as if set out verbatim herein. One copy of the Life Safety Code is on
file with the Municipal Clerk and shall be available for public inspection at
any reasonable time.
Statutory reference:
Authority to adopt, see Neb. RS 18-132
Zoning and building regulations authorized, see Neb. RS 19-901 through 19-933
Powers and duties of State Fire Marshal, see Neb. RS 81-502
§ 92.31 FIRE PREVENTION CODE.
The rules and regulations promulgated by the office of the State Fire
Marshal of the state of Nebraska relating to fire prevention are incorporated
by reference into this code and made a part of this chapter as though spread at
large herein together with all subsequent amendments thereto. One copy of the
fire prevention code shall be on file with the Municipal Clerk and shall be
available for public inspection at any reasonable time.
(`88 Code, § 7-201)
Statutory reference:
Authority to adopt, see Neb. RS 18-132
Zoning and building regulations authorized, see Neb. RS 19-901 through 19-933
Powers and duties of State Fire Marshal, see Neb. RS 81-502
§ 92.32 FIRE CODE ENFORCEMENT.
It shall be the duty of all municipal officials to enforce the incorporated
fire code provisions and all infractions shall be immediately brought to the
attention of the Fire Chief.
(`88 Code, § 7-202)
Statutory reference:
Authority to regulate, see Neb. RS 17-549
§ 92.33 FIRE LIMITS DEFINED.
The fire limits in the municipality shall be such territory as set forth and described by the City Council from time to time, which description shall be available for public inspection in the office of the City Clerk during regular city business hours.
§ 92.34 FIRE LIMITS BUILDING MATERIALS.
Within the fire limits set forth in § 92.34, no structure shall be built,
altered, moved, or enlarged unless such structure will be enclosed with walls
constructed wholly of stone, well-burned brick, terra cotta, concrete, or other
such noncombustible materials as will satisfy the Fire Chief that the structure
will be reasonably fireproof.
Penalty, see § 10.99
Statutory reference:
Authority to regulate, see Neb. RS 17-550
§ 92.35 REMOVAL REQUIRED.
In the event that any wooden or combustible building or structure, or any
non-combustible building which stands within the fire limits is damaged to the
extent of 50% or more of its value, exclusive of the foundation, it shall not
be repaired or rebuilt, but shall be taken down and removed within 60 days from
the date of such fire or other casualty.
(Neb. RS 17-550) (`88 Code, § 7-208)
§ 92.36 REPAIR REQUIRED.
In the event that a building within the fire limits becomes damaged to the
extent of less than 50% of its value, exclusive of the foundation, it shall be
the duty of the owner, lessee, or occupant to remove or repair the building in
accordance with the provisions of this chapter. It shall be unlawful for any
person to allow a building to stand in such damaged or decayed condition. Any
such building shall be removed or repaired within 30 days after receiving
notice to do so by the City Council.
(Neb. RS 17-550) (`88 Code, § 7-208) Penalty, see § 10.99
FIREWORKS
§ 92.50 DEFINITION.
For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
FIREWORKS. Any composition or device designed for
the purpose of producing a visible or audible effect by combustion,
deflagration, or detonation and which meets the definition of common or special
fireworks set forth by the United States Department of Transportation in Title
49, Code of Federal Regulations.
(Neb. RS 28-1241)
Statutory reference:
Authority, see Neb. RS 17-556
§ 92.51 PERMITTED FIREWORKS.
(A) It shall be
unlawful for any person to ignite or cause to be exploded fireworks or
firecrackers of any description whatsoever, except those deemed as lawful by
the Nebraska State Fire Marshal. (Neb. RS 28-1241(7)
(B)
It shall be unlawful to possess any fireworks, including those listed above,
except between June 24 to July 5 of the same year. It shall be unlawful to
ignite or cause to be exploded any fireworks after the hour of ten (10:00)
o’clock P.M. except on July 4th when fireworks can be ignited until
midnight.
(C)
The provisions of this section shall not apply to any fireworks to be used for
purpose of public exhibitions or display under authorization of the City
Council or to fireworks furnished for agricultural purposes pursuant to written
authorization from the State Fire Marshal.
(`88 Code, § 7-301) (Ord. 344, passed 8-6-90; Am. Ord. 500, passed 8-6-07)
Penalty, see § 10.99
Statutory reference:
Authority, see Neb. RS 17-556
Unlawful fireworks, see Neb. RS 28-1244
Prohibitions not applicable, see Neb. RS 28-1245
§ 92.52 THROWING FIREWORKS.
It shall be unlawful for any person to throw any firecracker, or any object
which explodes upon contact with another object; from or into a motor vehicle;
onto any street, highway, or sidewalk; at or near any person; into any building;
or into or at any group of persons.
(`88 Code, § 7-302) Penalty, see § 10.99
§ 92.53 SALE.
(A) It shall be unlawful for any person to sell, hold for sale, or offer for sale as distributor, jobber, or retailer any fireworks without first obtaining a license from the State Fire Marshal for that calendar year. (Neb. RS 28-1246)
(B) Licensees shall only sell fireworks that have been approved by the State
Fire Marshal.
(Neb. RS 28-1247)
(C) Permissible fireworks may be sold at retail only between June 24 and
July 5 of each year.
(Neb. RS 28-1249)
(`88 Code, § 7-303) (Ord. 428, passed 11-15-99) Penalty, see § 10.99
CHAPTER 93: HEALTH AND SAFETY
Section
General Provisions
93.01 Health regulations
93.02 Enforcement official
93.03 County Board of Health
**Sexual Predator Residency Restrictions
Nuisances
93.20 Definition
93.21 Abatement procedure
93.22 Jurisdiction
93.23 Adjoining land owners; intervention before trial
93.24 Dead or diseased trees
Abandoned Vehicles
93.40 Definitions
93.41 Purpose
93.42 Unregistered, dismantled or wrecked vehicles; prohibited; exceptions
93.43 Hobbyist permit
93.44 Abandonment prohibited; procedures; disposition
Cross reference:
Board of Health, see § 32.04
GENERAL PROVISIONS
§ 93.01 HEALTH REGULATIONS.
For the purpose of promoting the health and safety of the residents of the
municipality, the Board of Health shall, from time to time, adopt such rules
and regulations relative thereto and shall make such inspections, prescribe
such penalties, and make such reports as may be necessary toward that purpose.
(`88 Code, §§ 4-401, 4-102)
Statutory reference:
Authority to regulate, see Neb. RS 17-121
§ 93.02 ENFORCEMENT OFFICIAL.
The County Sheriff, as the quarantine officer, shall be the chief health
officer of the municipality. It shall be his or her duty to notify the City
Council and the Board of Health of health nuisances within the municipality and
its zoning jurisdiction.
(`88 Code, § 4-102)
Statutory reference:
Quarantine officer, see Neb. RS 17-121
** SEXUAL PREDATOR RESIDENCY RESTRICTIONS.
DEFINITIONS.
For the purpose of this
ordinance, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
CHILD CARE
FACILITY. A
place with a license issued under the Nebraska Child (Care Licensing Act, sections
71-1908 to 71-1923, as currently existing or hereafter amended. It shall include licensed places both inside
and outside the corporate limits of the City.)
SEX OFFENDER.
An individual who has
been convicted of a crime listed in Neb. Rev. Stat. Section 29-4003 and who is
required to register as a sex offender
pursuant to the Sex Offender Registration Act or any person convicted under the
law of another state if, at the time of the conviction under the law of such
other state, the offense for which the person was convicted would have required
registration under the Nebraska Sex Offender Registration Act, if the
conviction occurred in Nebraska.
SEXUAL
PREDATOR. An individual who is required
to register under the State of Nebraska’s Sex Offender Registration Act, who is
classified as Level 3 as determined by the Nebraska State Patrol under Neb.
Rev. Stat. Section 29-4013, which is the classification of those registrants
with a high risk of recidivism and who has victimized a person who was eighteen
years of age or younger in the past.
RESIDENCE. A place
where the person regularly sleeps, where the person has established his or her
home, where he or she is habitually present or to which when he or she departs
he or she intends to or does regularly return.
A residence may include more than one location and may be mobile or
transitory. Residency may be shown by,
among other evidence, receipt of mail at the premises or identification of the
premises as a residence on a driver’s license, vehicle registration or other
document, such as utility or other service billings.
SCHOOL.
A public, private,
denominational or parochial school which meets the requirements for
accreditation or approval prescribed by the State of Nebraska, pursuant to
Nebraska Revised Statute Chapter 79, and which has or includes any or all
grades kindergarten through 12th grade.
Sex Offender Residence
Prohibitions; Exceptions and Penalties.
(A) Prohibited location of residence of sexual predator. It shall be unlawful for any sexual predator,
as defined in the previous Section, to reside within five hundred (500) feet of
a school or child care facility.
(B) Measurement of distance.
For purposes of determining the minimum distance separation, the
requirement shall be measured by following a straight line from the outer
property line of the permanent residence or temporary residence to the nearest
outer boundary line of a school or child care facility.
(C)Exceptions. A sexual predator residing within five
hundred (500) feet of a school or child care facility does not commit a
violation of this Ordinance if he or she:
(1) Resides within a prison or a correctional or
treatment facility operated by the state or a political subdivision.
(2) Established his or her residence location
prior to July 1, 2006 and has not moved from that residence.
(3) Established his or her residence after July 1, 2006, and the
school or child care facility triggering the restriction was established after
the initial date of the sexual predator’s residence at that location.
(4) The person is a minor residing with a parent.
(5) The
person’s place of residence becomes a violation of this Ordinance solely
because of annexation into the City.
(6) This section does not preclude a sexual
predator deemed to be handicapped or disabled under the Fair Housing Act,
Rehabilitation Act or Americans with Disabilities Act from pursuing requests
for reasonable accommodations.
(Ord. 501, passed 3-17-08)
Penalty, see § 10.99
Statutory
reference:
Political
subdivision restrictions on sex offender residency; requirements, see Neb. Rev.
Stat §
29-4017
§ 93.03 COUNTY BOARD OF HEALTH.
It shall be the duty of the Board of Health to work closely with the County
Health Board in protecting the health and welfare of the residents of the
municipality.
(`88 Code, § 4-104)
NUISANCES
§ 93.20 DEFINITION.
(A) General definition. A NUISANCE consists in doing any unlawful act, or omitting to perform a duty, or suffering or permitting any condition or thing to be or exist, which act, omission, condition or thing either:
(1) Injures or endangers the comfort, repose, health, or safety of others;
(2) Offends decency;
(3) Is offensive to the senses;
(4) Unlawfully interferes with, obstructs, tends to obstruct, or renders
dangerous for passage any stream, public park, parkway, square, street, or
highway in the municipality;
(5) In any way renders other persons insecure in life or the use of property; or
(6) Essentially interferes with the comfortable enjoyment of life and property, or tends to depreciate the value of the property of others.
(B) Specific definition. The maintaining, using, placing, depositing, leaving, or permitting of any of the following specific acts, omissions, places, conditions, and things are hereby declared to be NUISANCES:
(1) Any odorous, putrid, unsound, or unwholesome grain, meat, hides, skins, feathers, vegetable matter, or the whole or any part of any dead animal, fish, or fowl;
(2) Privies, vaults, cesspools, dumps, pits, or like places which are not securely protected from flies or rats, or which are foul or malodorous;
(3) Filthy, littered, or trash-covered cellars, houseyards, barnyards, stable-yards, factory-yards, mill yards, vacant areas in rear of stores, granaries, vacant lots, houses, buildings, or premises;
(4) Animal manure in any quantity which is not securely protected from flies and the elements, or which is kept or handled in violation of any ordinance of the municipality;
(5) Liquid household waste, human excreta, garbage, butcher's trimmings and offal, parts of fish, or any waste vegetable or animal matter in any quantity, provided that nothing herein contained shall prevent the temporary retention of waste in receptacles in a manner provided by the health officer of the municipality, nor the dumping of non-putrefying waste in a place and manner approved by the health officer;
(6) Tin cans, bottles, glass, cans, ashes, small pieces of scrap iron, wire metal articles, bric-a-brac, broken stone or cement, broken crockery, broken glass, broken plaster, and all trash or abandoned material, unless the same be kept in covered bins or galvanized iron receptacles;
(7) Trash, litter, rags, accumulations of barrels, boxes, crates, packing crates, mattresses, bedding, excelsior, packing hay, straw or other packing material, lumber not neatly piled, scrap iron, tin or other metal not neatly piled, old automobiles or parts thereof, or any other waste materials when any of the articles or materials create a condition in which flies or rats may breed or multiply, or which may be a fire danger or which are so unsightly as to depreciate property values in the vicinity thereof;
(8) Any unsightly building, billboard, or other structure, or any old, abandoned or partially destroyed building or structure or any building or structure commenced and left unfinished, which buildings, billboards, or other structures are either a fire hazard, a menace to the public health or safety, or are so unsightly as to depreciate the value of property in the vicinity thereof;
(9) All places used or maintained as junk yards, or dumping grounds, or for the wrecking and dissembling of automobiles, trucks, tractors, or machinery of any kind, or for the storing or leaving of worn-out, wrecked or abandoned automobiles, trucks, tractors, or machinery of any kind, or of any of the parts thereof, or for the storing or leaving of any machinery or equipment used by contractors or builders or by other persons, which places are kept or maintained so as to essentially interfere with the comfortable enjoyment of life or property by others, or which are so unsightly as to tend to depreciate property values in the vicinity thereof;
(10) Stagnant water permitted or maintained on any lot or piece of ground;
(11) Stockyards, granaries, mills, pig pens, cattle pens, chicken pens or any other place, building or enclosure, in which animals or fowls of any kind are confined or on which are stored tankage or any other animal or vegetable matter, or on which any animal or vegetable matter including grain is being processed, when the places in which the animals are confined, or the premises on which the vegetable or animal matter is located are maintained and kept in such a manner that foul and noxious odors are permitted to emanate therefrom to the annoyance of inhabitants of the municipality or are maintained and kept in such a manner as to be injurious to the public health; or
(12) All other things specifically designated as nuisances elsewhere in this
code.
(`88 Code, §§ 4-301, 4-302)
Statutory reference:
Authority to regulate and abate nuisances, see Neb. RS 18-1720
§ 93.21 ABATEMENT PROCEDURE.
(A) It shall be the duty of every owner or occupant of real estate in the municipality to keep such real estate free of public nuisances. Upon determination by the Board of Health that the owner or occupant has failed to keep such real estate free of public nuisances, notice to abate and remove such nuisance and notice of the right to a hearing before the City Council and the manner in which it may be requested shall be given to the owner or occupant, or the owner's or occupant's duly authorized agent, by personal service or certified mail. Such notice shall describe the condition as found by the Board of Health and state that the condition has been declared a public nuisance and that the condition must be remedied at once. Within ten days after the receipt of such notice, if the owner or occupant of the real estate does not request a hearing or fails to comply with the order to abate and remove the nuisance, the municipality shall have such work done and may levy and assess the costs and expenses of the work upon the real estate so benefited in the same manner as other special taxes for improvements are levied and assessed.
(B) If the owner or occupant requests in writing a hearing with the City
Council, the City Council shall fix a time and place at which a hearing will be
held. Notice of the hearing shall be given by personal service or certified
mail and require the owner or occupant to appear before the City Council to
show cause why such condition should not be found to
be a public nuisance and remedied. Such notice shall be given not less than
seven, nor more than 14 days before the time of the hearing. Upon the date
fixed for the hearing and pursuant to the notice, the City Council shall hear
all objections made by the owner or occupant and shall hear evidence submitted
by the Board of Health. If after consideration of all the evidence, the City
Council finds that the condition is a public nuisance, it shall, by resolution,
order and direct the owner or occupant to remedy the public nuisance at once.
If the owner or occupant refuses or neglects to promptly comply with the order
of the City Council, the City Council shall proceed to cause the abatement of
the described public nuisance and may levy and assess the costs and expenses of
the work upon the real estate so benefited in the same manner as other special
taxes for improvements are levied and assessed.
(`88 Code, § 4-303) (Ord. 376, passed 2-6-96)
Statutory reference:
Authority to regulate and abate nuisances, see Neb. RS 18-1720
§ 93.22 JURISDICTION.
The Mayor and Sheriff’s Department are directed to enforce this municipal
code against all nuisances. The jurisdiction of the Mayor, Sheriff’s
Department, and court shall extend to and the territorial application of this
chapter shall include all territory adjacent to the limits of the municipality
within one mile thereof and all territory within the corporate limits.
(`88 Code, § 4-304)
Statutory reference:
Zoning jurisdiction, see Neb. RS 17-1001
Authority to regulate and abate nuisances, the Neb. RS 18-1720
§ 93.23 ADJOINING LAND OWNERS; INTERVENTION BEFORE TRIAL.
In cases of appeal from an action of the City Council condemning real
property as a nuisance or as dangerous under the police powers of the
municipality, the owners of the adjoining property may intervene in the action
at any time before trial.
(Neb. RS 19-710) (`88 Code, § 4-305)
§ 93.24 DEAD OR DISEASED TREES.
(A) It is hereby declared a nuisance for a property owner to permit, allow, or maintain any dead or diseased trees within the right-of-way of streets within the corporate limits of the municipality.
(B) It is hereby declared a nuisance for a property owner to permit, allow, or maintain any dead or diseased trees on private property within the corporate limits of the municipality. For the purpose of carrying out the provisions of this section, the Sheriff’s Department shall have the authority to enter upon private property to inspect the trees thereon.
(C) Notice to abate and remove such nuisance and notice of the right to a
hearing and the manner in which it may be requested shall be given to each
owner or owner's duly authorized agent and to the occupant, if any, by personal
service or certified mail. Within 30 days after the receipt of such notice, if
the owner or occupant of the lot or piece of ground does not request a hearing
or fails to comply with the order to abate and remove the nuisance, the
municipality may have such work done and may levy and assess all or any portion
of 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
or assessed.
(`88 Code, § 6-305)
Statutory reference:
Authority to regulate and abate dead and diseased trees, see Neb. RS 17-555
Authority to regulate and abate nuisances, see Neb. RS 18-1720
Nuisances prohibited, see Neb. RS 28-1321
Cross-reference:
Trees regulated in general, see Chapter 96
ABANDONED VEHICLES
§ 93.40 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MAYOR OR DESIGNATED AGENT. The Mayor of the city or his/her designated agent as designated by the City Council to perform any duty listed in this subchapter.
PROPERTY. Any real property within the city or any city property within or without the corporate limits which is not a street or highway.
STREET or HIGHWAY. The entire width between the boundary lines of every publicly maintained way when any part thereof is open to the use of the public for purposes of vehicular travel.
VEHICLE. A machine propelled by power other than
human power, designed to travel on ground or water by use of wheels, treads,
runners, slides, or other methods, and transport persons or property or pull
machinery or freight, and must be titled by the state, and shall include, but
not be limited to, automobiles, airplanes, trucks, trailers, motorcycles, motor
scooters, tractors, recreational or sporting vehicles, mopeds, and such
non-powered vehicles as, but not limited to, boats, boat trailers, farm
machinery, utility trailers, campers, or trailers.
(`88 Code, § 6-401) (Ord. 452, passed 8-28-01)
§ 93.41 PURPOSE.
It is hereby expressly found and determined that the practice of permitting
unlicensed motor vehicles, motor vehicle bodies, and motor vehicle chassis or
parts therefrom to be stored or accumulated on
private premises is unsightly and unhealthy and constitutes a nuisance to the
citizens and residents of this city, provided, the storage or accumulation of
such motor vehicles, motor vehicle bodies, and motor vehicle chassis or parts therefrom in completely enclosed building shall not be
considered a nuisance. No person shall store, retain, or keep on, or permit to
be stored, retained, or kept on, any private premises any motor vehicle that
has been unlicensed for a period in excess of four months under the laws of the
state of Nebraska or any motor vehicle body or motor vehicle chassis or parts therefrom, provided, this section shall not apply to such
motor vehicle, motor vehicle body, or motor vehicle chassis or parts therefrom that is kept in a completely enclosed building,
and further this section shall not apply to the premises where a licensed motor
vehicle dealer, a farm implement dealer or an automobile repair shop where
business is conducted.
(`88 Code, § 6-403)
§ 93.42 UNREGISTERED, DISMANTLED OR WRECKED VEHICLES; PROHIBITED;
EXCEPTIONS.
It shall be unlawful for any person to keep on, in, or about any place
within the city or on city property, within or without the corporate limits,
for more than 30 days, any nonoperating, wrecked,
junked, partially dismantled or a vehicle which lacks or has missing, removed,
or broken parts so as to render it incapable of being operated under its own
power, or in the case of a non-powered vehicle such that the vehicle is
incapable of being used for the purpose for which it was manufactured. It shall
be unlawful for any person to keep on, in, or about any place within the city
or on city property, within or without the corporate limits, any vehicle, or
parts therefrom, which has been unregistered for more
than 30 days; provided that, this section shall not apply to a vehicle and all
parts thereof which are kept in a completely enclosed building, or is
completely screened from public view by natural or other means provided that
such screened-off area does not otherwise violate any provision of the
municipal code. Also provided that, this section shall not apply to a vehicle
and all parts thereof which are entirely covered by a tarpaulin or other opaque
cover tailored to fit the contour of the vehicle and securely fasten in place
against removal by wind or storm or other natural causes; however, that such
permitted storage is limited to one vehicle in number as to any premise within
the city limits. This section does not apply to a vehicle on the premises of a
business enterprise operated in a lawful place and manner, when necessary to
the lawful operation of such business enterprise, or a vehicle on the premises
of a person who has obtained a hobbyist permit for restoration of such vehicle.
(`88 Code, § 6-402) (Ord. 452, passed 8-28-01) Penalty, see § 10.99
§ 93.43 HOBBYIST PERMIT.
A hobbyist permit for the restoration or repair of up to two nonoperating, wrecked, junked or partially dismantled vehicles on any premises used for residential purposes may be granted to the residents of such premises as follows:
(A) Application for a hobbyist permit shall be filed with the City Clerk on a form provided by the city and shall contain the name and address of the applicant, and the make, model, year and vehicle identification number of each vehicle to be restored or repaired.
(B) The vehicle or vehicles to be restored or repaired shall be owned by the occupant.
(C) The fee for such hobbyist permit shall be $50 per vehicle.
(D) All permits shall expire on the 180th day following the date of issuance
of such permit.
(`88 Code, § 6-403.1) (Ord. 400, passed 9-4-97)
§ 93.44 ABANDONMENT PROHIBITED; PROCEDURES; DISPOSITION.
(A) (1) No person shall cause any vehicle to be an abandoned vehicle as
described in division (B) (1), (2), (3), or (4) of this section.
(Neb. RS 60-1907)
(2) No person other than one authorized by the municipality or appropriate
state agency shall destroy, deface, or remove any part of a vehicle which is
left unattended on a highway or other public place without license plates
affixed or which is abandoned.
(Neb. RS 60-1908)
(B) A motor vehicle is an abandoned vehicle:
(1) If left unattended, with no license plates or valid In Transit decals issued pursuant to Neb. RS 60-320 affixed thereto, for more than six hours on any public property;
(2) If left unattended for more than 24 hours on any public property, except a portion thereof on which parking is legally permitted;
(3) If left unattended for more than 48 hours after the parking of such vehicle has become illegal, if left on a portion of any public property on which parking is legally permitted;
(4) If left unattended for more than seven days on private property if left initially without permission of the owner, or after permission of the owner is terminated; or
(5) If left for more than 30 days in the custody of a law enforcement agency after the agency has sent a letter to the last-registered owner under division (E) of this section.
(6) No motor vehicle subject to forfeiture under Neb. RS 28-431 shall be an
abandoned vehicle under this division.
(Neb. RS 60-1901)
(C) If an abandoned vehicle, at the time of abandonment, has no license
plates of the current year or valid In Transit decals issued pursuant to Neb.
RS 60-320 affixed and is of a wholesale value, taking into consideration the
condition of the vehicle, of $250 or less, title shall immediately vest in the
municipality.
(Neb. RS 60-1902)
(D) (1) Except for vehicles governed by division (C) of this section, the
municipality shall make an inquiry concerning the last-registered owner of an
abandoned vehicle as follows:
(a) Abandoned vehicle with license plates affixed, to the jurisdiction which issued such license plates; or
(b) Abandoned vehicle with no license plates affixed, to the Department of Motor Vehicles.
(2) The municipality shall notify the last-registered owner, if any, that the vehicle in question has been determined to be an abandoned vehicle and that, if unclaimed, either:
(a) It will be sold or will be offered at public auction after five days from the date such notice was mailed; or
(b) Title will vest in the municipality 30 days after the date such notice was mailed.
(3) If the municipality is notified that a lien or mortgage exists, the notice described in division (D)(2) of this section shall also be sent to the lienholder or mortgagee. Any person claiming such vehicle shall be required to pay the cost of removal and storage of such vehicle.
(4) Title to an abandoned vehicle, if unclaimed, shall vest in the municipality:
(a) Five days after the date the notice is mailed if the vehicle will be sold or offered at public auction under division (D)(2)(a) of this section;
(b) Thirty days after the date the notice is mailed if the municipality will retain the vehicle; or
(c) If the last-registered owner cannot be ascertained, when notice of such fact is received.
(5) After title to the abandoned vehicle vests pursuant to division (D)(4) of this section, the municipality may retain for use,
sell, or auction the abandoned vehicle. If the municipality has determined that
the vehicle should be retained for use, the municipality shall, at the same
time that the notice, if any, is mailed, publish in a newspaper of general
circulation in the jurisdiction an announcement that the municipality intends
to retain the abandoned vehicle for its use and that title will vest in the
municipality 30 days after publication.
(Neb. RS 60-1903)
(E) (1) If the municipal law enforcement agency has custody of a motor vehicle for investigatory purposes and has no further need to keep it in custody, it shall send a certified letter to each of the last-registered owners stating that the vehicle is in the custody of the agency, that the vehicle is no longer needed for law enforcement purposes, and that after 30 days the agency will dispose of the vehicle.
(2) This division shall not apply to motor vehicles subject to forfeiture under Neb. RS 28-431.
(3) No storage fees shall be assessed against the registered owner of a
motor vehicle held in custody for investigatory purposes under this division
unless the registered owner or the person in possession of the vehicle when it
is taken into custody is charged with a felony or misdemeanor related to the
offense for which the law enforcement agency took the vehicle into custody. If
a registered owner or the person in possession of the vehicle when it is taken
into custody is charged with a felony or misdemeanor but is not convicted, the
registered owner shall be entitled to a refund of the storage fees.
(Neb. RS 60-1903.01)
(F) Any proceeds from the sale of an abandoned vehicle, less any expenses
incurred by the municipality, shall be held by the municipality without
interest, for the benefit of the owner or lienholders
of such vehicle for a period of two years. If not claimed within such two-year
period, the proceeds shall be paid into the general fund of the municipality.
(Neb. RS 60-1905)
(G) Neither the owner, lessee, nor occupant of the
premises from which any abandoned vehicle is removed, nor the municipality,
shall be liable for any loss or damage to such vehicle which occurs during its
removal or while in the possession of the municipality or its contractual agent
or as a result of any subsequent disposition.
(Neb. RS 60-1906)
(H) The last-registered owner of an abandoned vehicle shall be liable to the
municipality for the costs of removal and storage of such vehicle.
(Neb. RS 60-1909)
(I) For purposes of this section, PUBLIC PROPERTY means any public
right-of-way, street, highway, alley or park or other state, county, or
municipally owned property; PRIVATE PROPERTY means any privately owned property
which is not included within the definition of public property.
(Neb. RS 60-1901)
(J) Any person who violates the provisions of this section is guilty of an
offense.
(`88 Code, § 6-406) (Ord. 442, passed 4-2-01) Penalty, see § 10.99
Statutory reference:
Additional regulations, Neb. RS 60-1901 through 60-1911
CHAPTER 94: PUBLIC WAYS AND PROPERTY
Section
Municipal Property
94.001 Definition
94.002 Maintenance and control
94.003 Obstructions
94.004 Weeds
94.005 Signs and canopies
94.006 Overhanging branches
94.007 Sale and conveyance
94.008 Acquisition of property; construction; elections, when required
94.009 Acquisition of real property; appraisal
94.010 Acquisition of real property; public meeting
94.011 Public works involving architecture or engineering; requirements
Sidewalks
94.020 Kept clean
94.021 Maintenance
94.022 Repair
94.023 Use of space beneath
94.024 Dangerous stairway
94.025 Construction at owner’s initiative
94.026 Construction at municipal direction
Streets
94.040 Grading, paving and other improvements
94.041 Improvements without petition or creation of district
94.042 Vacating public ways
94.043 Crossings
94.044 Names and numbers
94.045 Cutting into paving, curb, or sidewalk
94.046 Driveway approaches
94.047 Excavation
94.048 Driving stakes
94.049 Mixing concrete
94.050 Harmful liquids
94.051 Eave and gutter spouts
94.052 Heavy equipment; special tires
94.053 Pipe lines and wires
94.054 Snow, debris, and the like on street prohibited
MUNICIPAL PROPERTY
§ 94.001 DEFINITION.
For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
SIDEWALK SPACE. That portion of a street between curb lines and adjacent property lines.
§ 94.002 MAINTENANCE AND CONTROL.
The City Council shall have the care, supervision, and control of all public
highways, bridges, streets, alleys, public squares, and commons within the
municipality and shall cause the same to be kept open and in repair and free
from nuisances.
(Neb. RS 17-567(1))
§ 94.003 OBSTRUCTIONS.
(A) Trees and shrubs growing upon or near the lot line, or upon public ground, and interfering with the use or construction of any public improvements shall be deemed an obstruction under this chapter. Such trees and shrubs and their roots may be removed by the municipality at the expense of the owner of the property upon which the tree is located should the owner fail, or neglect, after notice, to do so. It shall be unlawful for any person, persons, firm, or corporation to obstruct, or encumber, by fences, gates, buildings, structures, or otherwise, any of the streets, alleys, or sidewalks. The public ways and property shall be considered to be obstructed when the owner or occupant of the adjacent property shall permit or suffer to remain on any premise owned or controlled by him or her any hedge, shrubbery, bush, or similar growth within two feet adjacent to the lot line whether there is a sidewalk abutting or adjoining such premise or not. It shall be the duty of owners and occupants to at all times keep trimmed and pruned all such similar growth. Whenever any such growth is allowed to grow within two feet of the lot line contrary to the provisions of this chapter, the City Council may pass a resolution ordering the owner or occupant to remove such obstructions within five days after having been served with a copy of the resolution by the municipality stating that the municipality will do so and will charge the costs thereof to the owner or occupant as a special assessment for improvements as herein provided, or shall collect the same by civil suit brought in the name of the municipality against the owner or occupant. It shall be the duty of an owner or occupant engaged in construction of any building or improvement upon or near the public ways and property to have all excavations or exposures of any kind protected and guarded by suitable guards or barricades by day and by warning lights at night. In the event of failure, neglect, or refusal to comply with the provisions of this subchapter, it shall be the duty of the municipality to stop all work upon the buildings and improvements until suitable guards are erected and kept in the manner aforesaid. Trees and shrubs growing upon the lot line partially on public ground and partially upon the abutting property, or wholly upon the abutting property, but so close to the lot line as to interfere with the making of any public improvement or so that the roots thereof interfere with any utility wires or pipe shall be deemed an obstruction, and such trees, shrubs, and roots may be removed by the municipality pursuant to the procedure prescribed above. In the event the property owner is a non-resident of the county in which the property lies, the municipality shall, before levying any special assessment against that property, send a copy of any notice required by law to be published by means of certified mail, return receipt requested to the last known address of the non-resident property owner. The last known address shall be that address listed on the current tax rolls at the time such required notice was first published.
(B) Persons engaged in the erection, construction, reconstruction, wrecking,
or repairing of any building, or the construction, or repair, of a sidewalk
along any street, may occupy the public street space with such building
material and equipment as long as is necessary if such persons shall make
application to and receive a permit in writing from the municipal official in
charge of municipal streets to do so, provided that no permit for the occupancy
of the sidewalk space and more than 1/3 of the roadway of the public space
adjacent to the real estate on which said building is to be constructed,
erected, reconstructed, wrecked, or repaired shall be granted, and provided
further that a suitable passageway for pedestrians shall be maintained within
the public space included in the permit which shall be protected and lighted in
the manner required by the official issuing the permit.
Penalty, see § 10.99
Statutory reference:
Authority to remove obstructions, see Neb. RS 17-555
Authority to regulate and abate obstructions, see Neb. RS 17-557 and 17-557.01
§ 94.004 WEEDS.
It is hereby the duty of the Utilities Superintendent or his or her duly
authorized agent to view and inspect the sidewalk space within the corporate
limits for growing weeds during the growing season, and if rank and noxious
weeds are found growing thereon, he or she shall notify the owner or occupant
thereof to cut down such weeds as close to the ground as can be practicably
done and keep the weeds cut thereon in like manner during the growing season
for weeds, provided that any weeds growing in excess of 12 inches on any sidewalk
space shall be considered a violation of this section. In the event that the
owner of the lot or parcel of land abutting said sidewalk space within the
municipality is a non-resident of the municipality or cannot be found therein
the notice may be given to any person having the care, custody, or control of
such lot or parcel of land. In the event that there can be found no one within
the municipality to whom notice can be given, it shall be the duty of the
Utilities Superintendent or his or her agent to post a copy of the notice on
the premise and then to cut or cause the weeds thereon to be cut as therein
provided and report the cost thereof in writing to the City Council. The cost
shall then be audited and paid by the municipality and the amount thereof shall
be assessed against the lot or parcel of land as a special tax thereon and
shall be collected as are other taxes of the municipality or may be recovered
by civil suit brought by the municipality against the owner of the parcel of
land. In the event the property owner is a non-resident of the county in which
the property lies, the municipality shall, before levying any special
assessment against that property, send a copy of any notice required by law to
be published by means of certified mail, return receipt requested to the last
known address of the non-resident property owner. The last known address shall
be that address listed on the current tax rolls at the time such required
notice was first published.
Penalty, see § 10.99
Statutory reference:
Authority, see Neb. RS 17-563
§ 94.005 SIGNS AND CANOPIES.
No person, firm, or corporation shall erect, or maintain, any sign,
signboard, poster, or rigid canopy over any street, sidewalk, alley, or on
other public property without having first obtained a permit therefor. Permits for signs, canopies, posters, and
signboards shall be issued by the Municipal Clerk, subject to the approval of
the Utilities Superintendent, upon payment of a fee set by resolution of the
City Council. All signs and canopies extending over any public sidewalk,
street, alley, or other public place must be securely fastened and constructed
so that there will be no danger of the same being dislodged by ordinary winds,
or falling from other causes. No sign or canopy shall be erected or maintained
which extends over any public sidewalk, street, alley, or other public place in
such a location as to obstruct the view of any traffic light, sign, or signal.
Upon the written order of the City Council, any person owning or occupying the
premise where such a sign, canopy, poster, or signboard is located, shall cause
the same to be removed within the time limit specified on such notice.
Penalty, see § 10.99
§ 94.006 OVERHANGING BRANCHES.
The owner or occupant of any lot, piece, or parcel of ground abutting or
adjacent to any street or sidewalk over which there extends the branches of
trees shall at all times keep the branches or limbs thereof trimmed to the
height of at least ten feet above the surface of the walk and at least 17 feet
above the surface of the street. Whenever the limbs or branches of any tree or
trees extend over streets or sidewalks contrary to the provisions herein so as
to interfere with the lighting of the street from street lights or with the
convenience of the public using the street or sidewalk, the City Council at any
regular or special meeting may pass a resolution ordering the owner or occupant
to cut or remove the obstructions within five days after having received a copy
thereof from the Utilities Superintendent stating that the municipality will
remove the branches and charge the costs thereof to the owner or occupant as a
special assessment for improvements as herein provided, if the resolution is
not complied with. In the event the property owner is a non-resident of the
county in which the property lies, the municipality shall, before levying any
special assessment against that property, send a copy of any notice required by
law to be published by means of certified mail, return receipt requested to the
last known address of the non-resident property owner. The last known address
shall be that address listed on the current tax rolls at the time such required
notice was first published.
Penalty, see § 10.99
Statutory reference:
Authority to regulate, see Neb. RS 17-557 and 17-557.01
§ 94.007 SALE AND CONVEYANCE.
(A) Except as provided in division (G) of this section, the power of the city to convey any real property owned by it, including land used for park purposes and public squares, except real property used in the operation of public utilities, shall be exercised by resolution, directing the sale at public auction or by sealed bid of such property and the manner and terms thereof, except that such property shall not be sold at public auction or by sealed bid when:
(1) Such property is being sold in compliance with the requirements of federal or state grants or programs;
(2) Such property is being conveyed to another public agency; or
(3) Such property consists of streets and alleys.
(B) The City Council may establish a minimum price for real property at which bidding shall begin or shall serve as a minimum for a sealed bid.
(C) After the passage of the resolution directing the sale, notice of all proposed sales of property described in division (A) of this section and the terms thereof shall be published once each week for three consecutive weeks in a legal newspaper published in or of general circulation in the city.
(D) (1) If within 30 days after the third publication of the notice a remonstrance against such sale is signed by registered voters of the city equal in number to 30% of the registered voters of the city voting at the last regular municipal election held therein and is filed with the City Council, such property shall not then, nor within one year thereafter, be sold. If the date for filing the remonstrance falls upon a Saturday, Sunday, or legal holiday, the signatures shall be collected within the 30-day period, but the filing shall be considered timely if filed or postmarked on or before the next business day.
(2) Upon the receipt of the remonstrance, the City Council, with the aid and assistance of the Election Commissioner or County Clerk, shall determine the validity and sufficiency of signatures on the remonstrance. The City Council shall deliver the remonstrance to the Election Commissioner or County Clerk by hand carrier, by use of law enforcement officials, or by certified mail, return receipt requested.
(3) Upon receipt of the remonstrance, the Election Commissioner or County Clerk shall issue to the City Council a written receipt that the remonstrance is in the custody of the Election Commissioner or County Clerk. The Election Commissioner or County Clerk shall compare the signature of each person signing the remonstrance with the voter registration records to determine if each signer was a registered voter on or before the date on which the remonstrance was filed with the City Council. The Election Commissioner or County Clerk shall also compare the signer's printed name, street and number or voting precinct, and city or post office address with the voter registration records to determine whether the signer was a registered voter. The signature and address shall be presumed to be valid only if the Election Commissioner or County Clerk determines that the printed name, street and number or voting precinct, and city or post office address matches the registration records and that the registration was received on or before the date on which the remonstrance was filed with the City Council. The determinations of the Election Commissioner or County Clerk may be rebutted by any credible evidence which the City Council finds sufficient. The express purpose of the comparison of names and addresses with the voter registration records, in addition to helping to determine the validity of the remonstrance, the sufficiency of the remonstrance, and the qualifications of the signer, shall be to prevent fraud, deception, and misrepresentation in the remonstrance process.
(4) Upon completion of the comparison of names and addresses with the voter registration records, the Election Commissioner or County Clerk shall prepare in writing a certification under seal setting forth the name and address of each signer found not to be a registered voter and the signature page number and line number where the name is found, and if the reason for the invalidity of the signature or address is other than the nonregistration of the signer, the Election Commissioner or County Clerk shall set forth the reason for the invalidity of the signature. If the Election Commissioner or County Clerk determines that a signer has affixed his or her signature more than once to the remonstrance and that only one person is registered by that name, the Election Commissioner or County Clerk shall prepare in writing a certification under seal setting forth the name of the duplicate signature and shall count only the earliest dated signature.
(5) The Election Commissioner or County Clerk shall certify to the City Council the number of valid signatures necessary to constitute a valid remonstrance. The Election Commissioner or County Clerk shall deliver the remonstrance and the certifications to the City Council within 40 days after the receipt of the remonstrance from the City Council. The delivery shall be by hand carrier, by use of law enforcement officials, or by certified mail, return receipt requested. Not more than 20 signatures on one signature page shall be counted.
(6) The City Council shall, within 30 days after the receipt of the remonstrance and certifications from the Election Commissioner or County Clerk, hold a public hearing to review the remonstrance and certifications and receive testimony regarding them. The City Council shall, following the hearing, vote on whether or not the remonstrance is valid and shall uphold the remonstrance if sufficient valid signatures have been received.
(E) Real estate now owned or hereafter owned by the city may be conveyed without consideration to the State of Nebraska for state armory sites or, if acquired for state armory sites, shall be conveyed strictly in accordance with the conditions of Neb. RS 18-1001 to 18-1006.
(F) Following (1) passage of the resolution directing a sale, (2) publishing
of the notice of the proposed sale, and (3) passing of the 30-day
right-of-remonstrance period, the property shall then be sold. Such sale shall
be confirmed by passage of an ordinance stating the name of the purchaser and
terms of the sale.
(Neb. RS 17-503)
(G) Divisions (A) through (F) of this section shall not apply to the sale of
real property if the authorizing resolution directs the sale of real property,
the total fair market value of which is less than $5,000. Following passage of
the resolution directing the sale of the property, notice of the sale shall be
posted in three prominent places within the city for a period of not less than
seven days prior to the sale of the property. The notice shall give a general
description of the property offered for sale and state the terms and conditions
of sale. Confirmation of the sale by passage of an ordinance may be required.
(Neb. RS 17-503.01)
(Ord. 461, passed 12-3-01)
§ 94.008 ACQUISITION OF PROPERTY; CONSTRUCTION; ELECTIONS, WHEN
REQUIRED.
(A) The municipality is authorized and empowered to purchase, accept by gift or devise, purchase real estate upon which to erect, and erect a building or buildings for an auditorium, fire station, municipal building, or community house for housing municipal enterprises and social and recreation purposes, and other public buildings, and maintain, manage, and operate the same for the benefit of the inhabitants of the municipality.
(B) Except as provided in division (C) of this section, before any such
purchase can be made or building erected, the question shall be submitted to
the electors of the municipality at a general municipal election or at an
election duly called for that purpose, or as set forth in Neb. RS 17-954 and be
adopted by a majority of the electors voting on such question.
(Neb. RS 17-953)
(C) If the funds to be used to finance the purchase or construction of a building pursuant to this section are available other than through a bond issue, then either:
(1) Notice of the proposed purchase or construction shall be published in a newspaper of general circulation in the municipality, and no election shall be required to approve the purchase or construction unless within 30 days after the publication of the notice, a remonstrance against the purchase or construction is signed by registered voters of the municipality equal in number to 15% of the registered voters of the municipality voting at the last regular municipal election held therein and is filed with the City Council. If the date for filing the remonstrance falls upon a Saturday, Sunday, or legal holiday, the signatures shall be considered timely if filed or postmarked on or before the next business day. If a remonstrance with the necessary number of qualified signatures is timely filed, the question shall be submitted to the voters of the municipality at a general municipal election or a special election duly called for that purpose. If the purchase or construction is not approved, the property involved shall not then, nor within one year following the election, be purchased or constructed; or
(2) The City Council may proceed without providing the notice and right of
remonstrance required in subdivision (C)(1) of this subsection if the property
can be purchased below the fair market value as determined by an appraisal,
there is a willing seller, and the purchase price is less than $25,000. The
purchase shall be approved by the City Council after notice and public hearing
as provided in Neb. RS 18-1755.
(Neb. RS 17-953.01)
§ 94.009 ACQUISITION OF REAL PROPERTY; APPRAISAL.
The municipality shall not purchase, lease-purchase, or acquire for
consideration real property having an estimated value of $100,000 or more
unless an appraisal of such property has been performed by a certified real
estate appraiser.
(Neb. RS 13-403)
§ 94.010 ACQUISITION OF REAL PROPERTY; PUBLIC MEETING.
When acquiring an interest in real property by purchase or eminent domain,
the municipality shall do so only after the City Council has authorized the
acquisition by action taken in a public meeting after notice and public
hearing.
(Neb. RS 18-1755)
§ 94.011 PUBLIC WORKS INVOLVING ARCHITECTURE OR ENGINEERING;
REQUIREMENTS.
(A) Except as provided in division (B) of this section, the municipality shall not engage in the construction of any public works involving architecture or engineering unless the plans, specifications, and estimates have been prepared and the construction has been observed by an architect, a professional engineer, or a person under the direct supervision of an architect, professional engineer, or those under the direct supervision of an architect or professional engineer.
(B) Division (A) of this section shall not apply to the following activities:
(1) Any public works project with contemplated expenditures for the completed project that do not exceed $86,000;
(2) Any alteration, renovation, or remodeling of a building if the alteration, renovation, or remodeling does not affect architectural or engineering safety features of the building;
(3) Performance by the municipality of professional services for itself if the municipality appoints a municipal engineer or employs a full-time person licensed under the Engineers and Architects Regulation Act who is in responsible charge of architectural or engineering work;
(4) The practice of any other certified trade or legally recognized profession;
(5) Earthmoving and related work associated with soil and water conservation practices performed on any land owned by the municipality that is not subject to a permit from the Department of Natural Resources;
(6) The work of employees and agents of the municipality performing, in accordance with other requirements of law, their customary duties in the administration and enforcement of codes, permit programs, and land use regulations and their customary duties in utility and public works construction, operation, and maintenance;
(7) Those services ordinarily performed by subordinates under direct supervision of a professional engineer or those commonly designated as locomotive, stationary, marine operating engineers, power plant operating engineers, or manufacturers who supervise the operation of or operate machinery or equipment or who supervise construction within their own plant;
(8) The construction of water wells as defined in Neb. RS 46-1212, the installation of pumps and pumping equipment into water wells, and the decommissioning of water wells, unless such construction, installation, or decommissioning is required by the municipality to be designed or supervised by an engineer or unless legal requirements are imposed upon the municipality as a part of a public water supply; and
(9) Any other activities described in Neb. RS 81-3449 to 81-3453.
(Neb. RS 81-3423, 81-3445, 81-3449, and 81-3453)
SIDEWALKS
§ 94.020 KEPT CLEAN.
It shall be unlawful for the occupant of any lot or lots or the owner of any
vacant lot or lots within the corporate limits to allow snow, sleet, mud, ice,
or other substance to accumulate on the sidewalks or to permit any snow, sleet,
ice, mud, or other substance to remain upon the sidewalk. All sidewalks within
the business district shall be cleaned within six hours after the cessation of
a storm, unless the storm or fall of snow shall have taken place during the
night, in which case the sidewalk shall be cleaned before 8:00 a.m. the following
day, provided that sidewalks within the residential areas of the municipality
shall be cleaned within 24 hours after the cessation of the storm.
Penalty, see § 10.99
Statutory reference:
Authority to regulate, see Neb. RS 17-557
§ 94.021 MAINTENANCE.
Every owner of any lot, lots, or piece of land within the corporate limits
shall at all times keep and maintain the sidewalk along and contiguous to the
lot, lots, or pieces of land, as the case may be, in good and proper repair,
and in a condition reasonably safe for travel for all travelers thereon. In the
event that the owner or owners of any lot, lots, or lands, abutting on any
street, avenue, or part thereof shall fail to construct or repair any sidewalk
in front of his, her, or their lot, lots, or lands, within the time and in the
manner as directed and required herein after having received due notice to do
so, they shall be liable for all damages or injury occasioned by reason of the
defective or dangerous condition of any sidewalk, and the City Council shall
have power to cause any such sidewalks to be constructed or repaired and assess
the costs thereof against such property. In the event the property owner is a
non-resident of the county in which the property lies, the municipality shall,
before levying any special assessment against that property, send a copy of any
notice required by law to be published by means of certified mail, return
receipt requested to the last known address of the non-resident property owner.
The last known address shall be that address listed on the current tax rolls at
the time such required notice was first published.
Penalty, see § 10.99
§ 94.022 REPAIR.
(A) The City Council may, by resolution, order the repair of a sidewalk on any lot or piece of ground within the municipality and may assess the expense thereof on the property in front of which such repairs are made, after having given notice of its intention to do so:
(1) By publication in one issue of a legal newspaper of general circulation in the municipality; and
(2) By either causing a written notice to be served upon the occupant in
possession of the property involved or to be posted upon such premises ten days
prior to the commencement of such repair.
(Neb. RS 17-522)
(B) The notice shall:
(1) State that the City Council has ordered repair of the sidewalk;
(2) Contain the municipality's estimate of the cost of the repair;
(3) Notify the property owner that he or she may, within 10 days after the date of publication of the notice, notify the municipality that he or she will repair the sidewalk within 30 days after such date of publication;
(4) Notify the property owner that if he or she fails to so notify the municipality within the 10 days or, having so notified the municipality, fails to repair the sidewalk within the 30 days, the municipality will cause the sidewalk to be repaired and the expense thereof to be assessed against the property.
(C) (1) Before the municipality imposes any special assessments for sidewalk
repair, a copy of the notice that is required to be published shall be mailed
to the last-known address of all nonresident property owners as shown on the
current tax rolls at the time such notice is first published.
(Neb. RS 13-310)
(2) The City Clerk shall mail the notice by certified mail with return receipt
requested.
(Neb. RS 13-312)
(3) For purposes of this division, nonresident property owner means any
person or corporation whose residence and mailing address as shown on the
current tax rolls is outside the boundaries of the county in which the property
subject to assessment is located and who is a record owner of the property.
(Neb. RS 13-314)
(D) All sidewalks shall be repaired in conformity with such plans and specifications as may be approved by the City Council.
(E) Assessments made under this section shall be made and assessed in the manner provided in Neb. RS 17-524.
§ 94.023 USE OF SPACE BENEATH.
No person shall be allowed to keep or use the space beneath the sidewalk
lying between lot line and curb line unless a permit therefor
shall have been obtained from the City Council. Before any permit shall be
granted, the applicant for said permit shall submit plans and specifications of
any present or proposed construction to the Municipal Engineer. Should such
plans or specifications be disapproved by the Engineer, no permit shall be
granted therefor. All permits hereafter granted shall
continue only upon the condition that the party receiving the same shall build,
maintain, and keep in repair a sidewalk over such space used or constructed to
be used and pay all damages that may be sustained by any person by reason of
such use or by reason of said sidewalk being defective or in a dangerous
condition. As a condition precedent to the issuance or continuance of any
permit for the use of any space underneath the municipal sidewalks as herein
contemplated, the City Council may require applicant to furnish a bond to the
municipality as obligee for the benefit of any person
or persons who may suffer any damage or damages by reason of such use. The bond
shall be in such sum as the City Council, in its discretion, may designate.
Penalty, see § 10.99
§ 94.024 DANGEROUS STAIRWAY.
It shall be unlawful for any person to construct or maintain any stairway,
open cellarway, open basement way, or open entrance
thereto in or adjacent to any sidewalk, pavement, or street, and any such
entrance is hereby declared to be a public nuisance, provided that all existing
stairways, open cellarways, open basement ways, or
open entrances thereto in sidewalks, pavements, or streets may be permitted to
remain from and after the passage, approval, and publication of this code if
the person owning or using the opening in the sidewalk, or street, shall
satisfy the Utilities Superintendent that the same is properly protected by a
balustrade or coping of durable material and shall furnish the municipality
with a bond in such amount as the City Council may set, for the benefit of any
person who might suffer an injury or damage by reason of the use of the
stairway, cellarway, or open basement way.
Penalty, see § 10.99
§ 94.025 CONSTRUCTION AT OWNER’S INITIATIVE.
(A) Any person desiring to construct, or cause to be constructed, any sidewalk shall do so only as herein provided. It shall be unlawful for any person to construct any sidewalk without first having obtained a permit.
(B) The owner shall make application in writing for a permit and file such
application in the office of the Municipal Clerk. The permit shall give a
description of the lot or piece of land along which the sidewalk is to be
constructed. The official in charge of sidewalks shall issue the desired permit
unless good cause shall appear why the permit should be denied, provided that
if it is desired to construct the sidewalk at any other than the regularly
prescribed location, grade, or elevation, the municipal official in charge of
sidewalks shall submit the application to the City Council who shall determine
whether the permit should be granted or denied. It shall be unlawful for any
person to construct, or cause to be constructed the sidewalk at any other
location, grade, or elevation than so designated by the municipality. All
sidewalks shall be built and constructed on the established grade or elevation,
and if there is no established grade, then on the grade or elevation indicated
by the municipal official in charge of sidewalks.
Penalty, see § 10.99
§ 94.026 CONSTRUCTION AT MUNICIPAL DIRECTION.
(A) The City Council may, by resolution, order the construction of a sidewalk on any lot or piece of ground within the municipality. Notice of the City Council's intention to construct the sidewalk shall be given by the Municipal Clerk by publication of notice one time in a legal newspaper of general circulation in the municipality.
(B) A copy of the notice shall be personally served upon the occupant in possession of such property, or, when personal service is not possible, the notice shall be posted upon such premises ten days prior to the commencement of construction. The notice required in this section shall be prepared by the Municipal Attorney in accordance with the provisions of this section. Such service shall include a form of return evidencing personal service or posting as herein required.
(C) The notice shall notify the owner of the premises of the passage of the
resolution ordering the owner to construct or cause to be constructed a
sidewalk within 30 days after the date of publication, and further that if the
owner fails to construct the sidewalk or cause the same to be done within the
time allowed, the municipality will cause the sidewalk to be constructed, and
the cost thereof shall be levied and assessed as a special tax against the
premises, provided that the notice shall contain the official estimate of the cost
of construction, and no special assessment in excess of this estimate shall be
assessed against the property. In the event the property owner is a
non-resident of the county in which the property lies, the municipality shall,
before levying any special assessment against that property, send a copy of any
notice required by law to be published by means of certified mail, return
receipt requested to the last known address of the non-resident property owner.
The last known address shall be that address listed on the current tax rolls at
the time such required notice was first published.
Statutory reference:
Authority to construct pedestrian walks by creation of improvement district,
see Neb. RS
17-509 et seq.
Authority to construct or otherwise improve through sidewalk district, see Neb.
RS 19-2417
through 19-2419
Authority to construct and repair sidewalks without creation of improvement
district, see Neb.
RS 17-522 and 17-524
STREETS
§ 94.040 GRADING, PAVING AND OTHER IMPROVEMENTS.
(A) The municipality has the power to provide for the grading and repair of
any street, avenue, or alley. No street, avenue, or alley shall be graded
unless the grading is ordered to be done by the affirmative vote of two-thirds
of the City Council.
(Neb. RS 17-508)
(B) The City Council may grade, partially or to an established grade, change
grade, curb, recurb, gutter, regutter,
pave, gravel, regravel, macadamize, remacadamize, widen, or narrow streets or roadways,
resurface or relay existing pavement, or otherwise improve any streets, alleys,
public grounds, public ways, entirely or partially, and streets which divide
the city corporate area and the area adjoining the city. These projects may be
funded at public cost or by the levy of special assessments on the property especially
benefited in proportion to such benefits, except as provided in Neb. RS 19-2428
to 19-2431. The City Council may by ordinance create improvement districts, to
be consecutively numbered, which may include two or more connecting or
intersecting streets, alleys, or public ways, and may include two or more of
the improvements in one proceeding.
(Neb. RS 17-509)
(C) Whenever the City Council deems it necessary to make the improvements in
division (B) which are to be funded by a levy of special assessment on the
property especially benefitted, the City Council shall by ordinance create an
improvement district.
(Neb. RS 17-511)
Statutory references:
Acquisition of additional land or an easement by purchase, gift, or eminent
domain,
Neb. RS 18-1705
Authority to create improvement districts, impose special assessments, and
issue bonds,
Neb. RS 17-509 to 17-524, 18-1751
Combined improvements, Neb. RS 19-2401, 19-2408 to 19-2415
Creation of improvement district by petition of owners, Neb. RS 17-510
Deferral of special assessments on land in agricultural use zone, Neb. RS
19-2428 through 19-2431
Duty to keep streets and alleys open, in repair, and free from nuisances, Neb.
RS 17-567
Improvement of federal or state highway or main thoroughfare, Neb. RS 17-412
Improvement of street which divides city corporate area and area adjoining the
city, Neb. RS 17-509
Inclusion of adjacent land in improvement district, Neb. RS 19-2427
Jurisdiction over street which forms common boundary with county or another
municipality,
Neb. RS 18-2005
Limited street improvement districts, Neb. RS 19-2416
Objections to improvement district funded by special assessments, Neb. RS
17-511
§ 94.041 IMPROVEMENTS WITHOUT PETITION OR CREATION OF DISTRICT.
(A) The municipality may, without petition or creating a street improvement district, grade, curb, gutter, and pave:
(1) Any portion of a street otherwise paved so as to make one continuous paved street, but the portion to be so improved shall not exceed two blocks, including intersections, or 1,325 feet, whichever is the lesser;
(2) Any unpaved street or alley which intersects a paved street for a distance not to exceed one block on either side of such paved street; and
(3) Any side street or alley within its corporate limits connecting with a major traffic street for a distance not to exceed one block from such major traffic street.
(B) Such improvements may be performed upon any portion of a street or any unpaved street or alley not previously improved to meet or exceed the minimum standards for pavement set by the municipality for its paved streets.
(C) In order to defray the costs and expenses of these improvements, the
municipality may levy and collect special taxes and assessments or issue paving
bonds as provided in Neb. RS 18-2003.
(Neb. RS 18-2001 through 18-2004)
§ 94.042 VACATING PUBLIC WAYS.
(A) (1) SPECIAL DAMAGES shall mean only those losses or damages or injuries which a property owner suffers that are peculiar or special or unique to his or her property and which result from the City Council vacating such street, avenue, alley, lane or similar public way.
(2) SPECIAL DAMAGES shall not mean those losses or damages or injuries that a property owner suffers that are in common with the rest of the city or public at large, even though those losses or damages or injuries suffered by the property owner are greater in degree that the rest of the city or public at large.
(B) The Chairperson shall appoint three or five or seven disinterested residents of the municipality to a special commission to ascertain the amount of special damages that the abutting property owners are entitled to receive and which resulted from the City Council vacating such street, avenue, alley, lane or similar public way. The appointees of the special commission shall be approved by the City Council. Only special damages, as herein defined, shall be awarded to the abutting property owners.
(C) In determining the amount of compensation to award the abutting property owners as special damages, the Commission shall use the following rule:
“The abutting property owner is entitled to recover as compensation the difference between the value of such property immediately before and immediately after the vacating of such street, avenue, alley, lane, or similar public way. However, if no difference in value exists the abutting property owner is entitled to no compensation.”
(D) Whenever the City Council decides that it would be in the best interests of the municipality to vacate a street, avenue, alley, lane, or similar public way, the City Council shall comply with the following procedure:
(1) Notice. Notice shall be given to all abutting property owners either by first class mail to their last known address or if there is no known address then by publishing the notice in a newspaper that is of general circulation in the municipality. The content of the notice will advise the abutting property owners that the City Council will consider vacating such street, avenue, alley, lane, or similar public way at their next regular meeting or, if a special meeting is scheduled for such discussion, then the date, time and place of such meeting.
(2) Consent; waiver.
(a) The City Council may have all the abutting property owners sign a form stating that they consent to the action being taken by the City Council and waive their right of access. The signing of such form has no effect on claims for special damages, as defined in divisions (A) through (C) of this section by the abutting property owners but does create the presumption that the City Council's action was proper.
(b) However, if all the abutting property owners do not sign the consent/waiver form, the City Council may still proceed with vacating such street, avenue, alley, lane, or similar public way under the authority granted them by Neb. RS 17-558 and 17-559.
(3) Ordinance. The City Council shall pass an ordinance that shall state essentially the following:
(a) A declaration that the action is expedient for the public good or in the best interests of the municipality.
(b) A statement that the municipality shall have an easement for maintaining all utilities.
(c) A method or procedure for ascertaining special damages to abutting property owners.
(4) Filing. The Clerk shall file a copy of the ordinance with the County Register
of Deeds to ensure that abutting property owners can gain title to their share
of the vacated street, avenue, alley, lane, or similar public way and so that
such land will be drawn to the attention of the County Assessor.
Statutory reference:
Authority, see Neb. RS 17-558 and 17-559
§ 94.043 CROSSINGS.
The City Council may order and cause to be constructed, under the
supervision of the municipal official in charge of streets, such street,
avenue, and alley crossings as the City Council shall deem necessary. When a
petition for the construction of any such crossings is filed by an interested
resident in the office of the Municipal Clerk, the Municipal Clerk shall refer
such application to the Utilities Superintendent who shall investigate and make
a recommendation to the City Council. Action by the City Council on such
application, whether the application is approved or rejected, shall be
considered final.
Statutory reference:
Authority, see Neb. RS 17-509
§ 94.044 NAMES AND NUMBERS.
The City Council may at any time, by ordinance, rename any street or provide
a name for any new street. Buildings used for residence or business purposes
and located along such streets shall retain such numbers as the City Council
may require. It shall be the duty of the municipal official in charge of
streets, upon the erection of any new building or buildings, to assign the
proper numbers to the building or buildings and give notice to the owner or
owners and occupant or occupants of the same.
Statutory reference:
Authority to improve, see Neb. RS 17-509
§ 94.045 CUTTING INTO PAVING, CURB, OR SIDEWALK.
It shall be unlawful for any person to cut into any paving, curb, or
sidewalk for the purpose of constructing a driveway or any other purpose
whatsoever without first having obtained a written permit from the City Council
therefor. Before any person shall obtain a permit,
the person shall inform the Municipal Clerk of the place where such cutting is
to be done, and it shall be the Utilities Superintendent's duty to inspect the
place of entry into the paving, sidewalk, or curb, before the same is cut. When
cutting into any paving, it shall be the duty of the party to cut the paving
under such rules and regulations as may be prescribed by the City Council or
the Municipal Engineer. When the applicant is ready to close the opening made,
the applicant shall inform the Utilities Superintendent, who shall supervise
and inspect the materials used and the work done in closing the opening. It
shall be discretionary with the City Council to order the Utilities
Superintendent, under the supervision and inspection of the Municipal Engineer
or the committee of the City Council on the streets and alleys, to do the work
of cutting and closing the paving and charge the costs thereof to the party who
obtained such permit. The City Council may consent to the work of cutting and
closing the paving to be done by the party holding such permit. Before any
permit is issued by the City Council, the applicant for such permit shall
deposit with the Municipal Treasurer a sum set by resolution of the City
Council for all paving, curb, or sidewalk to be cut. Such sum shall be set on a
per square foot cost of construction basis. The deposit shall be retained by
the municipality for the purpose of replacing the paving, curb, or sidewalk, in
the event that the work is done by the municipality. In the event that the
municipality elects to require the applicant to replace the paving, curb, or
sidewalk, the deposit shall be retained by the municipality until the work is
completed to the satisfaction of the Utilities Superintendent or the committee
of the City Council on streets and alleys. In addition to making the deposit
above set forth, the applicant shall, before any permit is issued, execute a
bond to the municipality with a good and sufficient surety or sureties to be
approved by the City Council in a sum set by resolution of the City Council.
Penalty, see § 10.99
Statutory reference:
Authority, see Neb. RS 17-567
§ 94.046 DRIVEWAY APPROACHES.
(A) The Utilities Superintendent may require the owner of property served by a driveway approach constructed or maintained upon the street right-of-way to repair or replace any such driveway approach which is cracked, broken, or otherwise deteriorated to the extent that it is causing or is likely to cause damage to or interfere with any street structure, including pavement or sidewalks.
(B) The Municipal Clerk shall give the property owner notice by registered
letter or certified mail, directed to the last-known address of such owner or
the agent of such owner, directing the repair or replacement of such driveway
approach. If within 30 days of mailing such notice the property owner fails or
neglects to cause such repairs or replacements to be made, the Utilities
Superintendent may cause such work to be done and assess the cost upon the
property served by such approach.
(Neb. RS 18-1748) Penalty, see § 10.99
§ 94.047 EXCAVATION.
It shall be unlawful for any person to make an excavation in any street or
streets for any purpose whatsoever unless a written permit is issued by the
Utilities Superintendent authorizing such excavations.
Penalty, see § 10.99
Statutory reference:
Authority, see Neb. RS 17-557
§ 94.048 DRIVING STAKES.
It shall be unlawful for any person to drive any peg or stake of any kind
into the pavement in any street or alley without first procuring the written
consent of the Utilities Superintendent.
Penalty, see § 10.99
Statutory reference:
Authority, see Neb. RS 17-557
§ 94.049 MIXING CONCRETE.
It shall be unlawful for any person to mix any concrete or plastering
material directly on the street pavement for any reason whatsoever.
Penalty, see § 10.99
Statutory reference:
Authority, see Neb. RS 17-557
§ 94.050 HARMFUL LIQUIDS.
It shall be unlawful for any person to place or permit to leak in the gutter
of any street any waste gasoline, kerosene, or high lubricating oils, which
damage or act as a solvent upon said streets.
Penalty, see § 10.99
Statutory reference:
Authority, see Neb. RS 17-557
§ 94.051 EAVE AND GUTTER SPOUTS.
It is hereby declared unlawful for any person to erect or maintain any
dwelling house or business building within the limits of the municipality where
the dwelling or building abuts on any sidewalk or street without providing
proper guttering and eave spouts to receive the waste waters that collect on
the sidewalks and streets. All eave spouts erected on any dwelling house or
business building shall be constructed to drain into the alleys or shall be
buried beneath the sidewalks and drain into the streets where it is found to be
impossible to drain the eave spouts into the alley.
Penalty, see § 10.99
Statutory reference:
Authority, see Neb. RS 17-557
§ 94.052 HEAVY EQUIPMENT; SPECIAL TIRES.
It shall hereafter be unlawful for any person or persons to move or operate
heavy equipment across any curb, gutter, bridge, culvert, sidewalk, crosswalk,
or crossing on any unpaved street without first having protected such curb,
gutter, bridge, culvert, sidewalks, crosswalk, or crossing with heavy plank sufficient
in strength to warrant against the breaking or damaging of such curb, gutter,
bridge, culvert, sidewalk, crosswalk, or crossing. Hereafter, it shall be
unlawful to run, drive, move, operate, or convey over or across any paved
street a vehicle, machine, or implement with sharp discs or sharp wheels that
bear upon the pavement, with wheels having cutting edges, with wheels having
lugs, any protruding parts, or bolts thereon that extend beyond a plain tire so
as to cut, mark, mar, indent, or otherwise injure or damage any pavement,
gutter, or curb, provided that, where heavy vehicles, structures, and machines
move along paved or unpaved streets, the Police Department is hereby authorized
and empowered to choose the route over which the moving of such vehicles,
structures, or machines will be permitted and allowed. Nothing in this section
shall be construed to apply to pneumatic tires with metal or metal-type studs
not exceeding 5/16 of an inch in diameter inclusive of the stud-casting with an
average protrusion beyond the tread surface of not more than 7/64 of an inch
between November 1 and April 1, provided that school buses, mail carrier
vehicles, and emergency vehicles shall be permitted to use metal or metal-type
studs all year; it shall be permissible to use farm machinery with tires having
protuberances which will not injure the streets. It shall be permissible to use
a rubber tired crane with a fixed load when such vehicle will be transported on
a state highway or on any road within the corporate limits of the municipality,
the municipality in which the crane is intended to be transported has
authorized a one-day permit for the transportation of the crane and specified
the route to be used and the hours during which the crane can be transported, such
vehicle is escorted by another vehicle or vehicles assigned by the
municipality, and such vehicle's gross weight does not exceed the limits set
out in Neb. RS 60-6,294(10), and it shall be permissible to use tire chains of
reasonable proportions upon any vehicle when required for safety because of
snow, ice, or other condition tending to cause a vehicle to slide or skid.
Penalty, see § 10.99
Statutory reference:
Tire requirements, see Neb. RS 60-6,250
Rubber-tired cranes, see Neb. RS 60-6,288(2)(j)
§ 94.053 PIPE LINES AND WIRES.
Poles, wires, gas mains, pipe lines, and other appurtenances of public
service companies shall be located, or erected over, upon, or under the
streets, alleys, and common grounds of the municipality. Application for
location of the above shall be made to the City Council in writing. Approval by
that body shall be issued in writing. Any public service company granted a
right-of-way for the erection and maintenance of poles, conduits, gas mains,
pipe lines, and wires shall at all times erect and locate their poles, wires,
gas mains, pipe lines, and other appurtenances at such places and in such
manner as shall be designated by the City Council. Such poles, wires, gas
mains, pipe lines, and other appurtenances, shall be removed or relocated by
the companies at their own expense when requested to do so by the City Council.
Any such relocation shall be ordered by resolution of the City Council, and the
Municipal Clerk shall notify any and all companies affected. The companies
shall, within 24 hours after receiving notice, at their own expense, cause the
poles, wires, gas mains, pipe lines, or other appurtenances to be removed. The
City Council shall designate another location as closely as possible where the
poles, wires, gas mains, pipe lines, or other appurtenances, may be reset or
placed. All poles, wires, gas mains, pipe lines, or other appurtenances, shall
be reset, placed, or erected in such a manner that they will not interfere with
the water system, sewerage system, poles, wires, and mains of any public
utility, adjacent buildings, or with travel on the public ways and property.
Whenever possible, all pole lines, wires, gas mains, pipe lines, or
appurtenances shall be confined to the alleys of the municipality.
Penalty, see § 10.99
§ 94.054 SNOW, DEBRIS, AND THE LIKE ON STREET PROHIBITED.
It shall be unlawful to place, push, or deposit snow, sleet, ice, or mud or
any debris, including leaves, grass, and branches, fro
m private property onto the streets of the municipality.
Penalty, see § 10.99
Statutory reference:
Authority to regulate, see Neb. RS 17-557
CHAPTER 95: ANIMALS
Section
General Provisions
95.01 Running at large
95.02 Prohibited animals and fowl
95.03 Wild animals
95.04 Killing and injuring
95.05 Enclosures
95.06 Abandonment, neglect and cruelty
Dogs; General Provisions
95.20 Owner defined
95.21 Running at large
**Barking and offensive dogs
95.22 Rabies threat; proclamation; inspection
95.23 Capture impossible
95.24 Females in season
95.25 Dangerous dogs
95.26 Liability of owner
95.27 Impounding
95.28 Animal shelter
Dogs; Licensing
95.40 License required
95.41 Dog guides, hearing aid dogs, and service dogs; exempt from license tax
95.42 License tags
95.43 Wrongful licensing
95.44 Uncollared dogs
95.45 Removal of tags
Cats
95.60 Owner and possessor of cats
95.61 Rabies
GENERAL PROVISIONS
§ 95.01 RUNNING AT LARGE.
(A) It shall be unlawful for the owner, keeper, or harborer of any animal, or any person having the charge, custody, or control thereof, to permit a horse, mule, cow, sheep, goat, swine, or other animal to be driven or run at large on any of the public ways and property, or upon the property of another, or to be tethered or staked out in such a manner so as to allow such animal to reach or pass into any public way.
(B) It shall be unlawful for any person to allow poultry, chickens, turkeys,
geese, or any other fowls to run at large within the corporate limits, except
in enclosed places on private property.
(Ord. 448, passed 7-2-01) Penalty, see § 10.99
Statutory reference:
Authority, see Neb. RS 17-547
§ 95.02 PROHIBITED ANIMALS AND FOWL.
(A) It shall be unlawful for any person to keep or maintain within the corporate limits any horse, mule, sheep, cow, goat, swine, or other livestock.
(B) It shall be unlawful for any person to keep or maintain within the
corporate limits any poultry, chickens, turkeys, geese, or any other fowls.
Penalty, see § 10.99
Statutory reference:
Authority, see Neb. RS 17-547
§ 95.03 WILD ANIMALS.
No wild animals may be kept within the corporate limits except such animals
kept for exhibition purposes by circuses and educational institutions.
Penalty, see § 10.99
§ 95.04 KILLING AND INJURING.
No person shall kill or injure any animal by the use of firearms, stones,
clubs, poisons, or any other manner unless the animal is vicious or dangerous
and cannot be captured without danger to the persons attempting to effect a capture of the animal.
Penalty, see § 10.99
Statutory reference:
Definitions, see Neb. RS 28-1008
Cruelty prohibited, see Neb. RS 28-1009
§ 95.05 ENCLOSURES.
All pens, cages, sheds, yards, or any other area or enclosure for the confinement or animals and fowls not specifically barred within the corporate limits shall be kept in a clean and orderly manner so as not to become a menace or nuisance to the neighborhood in which the enclosure is located.
§ 95.06 ABANDONMENT, NEGLECT AND CRUELTY.
(A) Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDON. To leave any animal for any length of time without making effective provision for its food, water, or other care as is reasonably necessary for the animal's health.
ANIMAL. Any vertebrate member of the animal kingdom except man. The term shall not include an uncaptured wild creature.
CRUELLY MISTREAT. To knowingly and intentionally kill, maim, disfigure, torture, beat, mutilate, burn, scald, or otherwise set upon any animal.
CRUELLY NEGLECT. To fail to provide any animal in one's care, whether as owner or custodian, with food, water, or other care as is reasonably necessary for the animal's health.
HUMANE KILLING. The destruction of an animal by a method which causes the animal a minimum of pain and suffering.
LAW ENFORCEMENT OFFICER. Any member of the Nebraska State Patrol, any county
or deputy sheriff, any member of the police force of the municipality, or any
other public official authorized by the municipality to enforce state or local
animal control laws, rules, regulations, or ordinances.
(Neb. RS 28-1008)
(B) Enforcement powers; immunity.
(1) Any law enforcement officer who has reason to believe that an animal has been abandoned or is being cruelly neglected or cruelly mistreated may seek a warrant authorizing entry upon private property to inspect, care for, or impound the animal.
(2) Any law enforcement officer who has reason to believe that an animal has been abandoned or is being cruelly neglected or cruelly mistreated may issue a citation to the owner as prescribed by law.
(3) Any law enforcement officer acting under this section shall not be
liable for damage to property if such damage is not the result of the officer's
negligence.
(Neb. RS 28-1012)
(C) Violation. A person commits cruelty to animals if he or she abandons,
cruelly mistreats, or cruelly neglects an animal.
(Neb. RS 28-1009) Penalty, see § 10.99
DOGS; GENERAL PROVISIONS
§ 95.20 OWNER DEFINED.
Any person who shall harbor or permit any dog to be for ten days or more in
or about his or her house, store, or enclosure, or to remain to be fed, shall
be deemed the OWNER and possessor of such dog and shall be deemed to be liable
for all penalties herein prescribed.
(Neb. RS 54-606)
§ 95.21 RUNNING AT LARGE.
It shall be unlawful for the owner of any dog to allow such dog to run at
large at any time within the corporate limits of the municipality. It shall be
the duty of the Sheriff’s Department or designated animal control officer to
cause any dog found to be running at large within the municipality to be taken
up and impounded. RUNNING AT LARGE shall mean any dog found off the premises of
the owner and not under control of the owner or a responsible person, either by
leash, cord, chain, wire, rope, cage, or other suitable means of physical restraint.
Penalty, see § 10.99
Statutory reference:
Authority, see Neb. RS 17-526
Dog collars see required, see Neb. RS 54-605
**BARKING AND OFFENSIVE DOGS
It shall be unlawful for any person to own, keep or harbor any dog which by
loud, continued or frequent barking, howling or yelping shall annoy or disturb
any neighborhood or person, or which habitually barks or chases pedestrians,
vehicles or riders of horses while they are on any public sidewalks, streets or
alleys in the city. Upon the written complaint of any affected person filed
with the local law enforcement or animal control officer that any dog owned by
the person named in the complaint is an annoyance or disturbance or otherwise
violates the provisions of this section, the local law enforcement or animal
control officer shall investigate the complaint and, if in his/her opinion the
situation warrants, shall notify the owner to silence and restrain such dog. In
the event that the owner fails to silence such dog the owner shall be issued a
citation for violation of this section.
(Neb. Rev. Stat. §17-526)
(Ord. 505, passed 9-2-08) Penalty, see § 10.99
§ 95.22 RABIES THREAT; PROCLAMATION; INSPECTION.
(A) It shall be the duty of the City Council whenever in its opinion the danger to the public safety from rabid dogs is great or imminent, to issue a proclamation ordering all persons owning, keeping, or harboring any dog to muzzle the same, or to confine it for a period of not less than 30 days or more than 90 days from the date of such proclamation, or until such danger is passed. The dogs may be harbored by any good and sufficient means in a house, garage, or yard on the premise wherein the said owner may reside. Upon issuing the proclamation it shall be the duty of all persons owning, keeping, or harboring any dog to confine the same as herein provided.
(B) Any dog suspected of being afflicted with rabies, or any dog not
vaccinated in accordance with the provisions of this chapter which has bitten
any person and caused an abrasion of the skin, shall be seized and impounded
under the supervision of the Board of Health for a period of not less than ten
days. If upon examination by a veterinarian, the dog has no clinical signs of
rabies at the end of such impoundment, it may be released to the owner, or, in
the case of an unlicensed dog, it shall be disposed of in accordance with the
provisions herein. If the owner of the said dog has proof of vaccination, it
shall be confined by the owner or some other responsible person for a period of
at least ten days, at which time the dog shall be examined by a licensed
veterinarian at the owner's expense. If no signs of rabies are observed, the
dog may be released from confinement.
Statutory reference:
Similar provisions, see Neb. RS 71-4406
§ 95.23 CAPTURE IMPOSSIBLE.
The Sheriff’s Department or designated animal control officer shall have the
authority to kill any animals showing vicious tendencies, or characteristics of
rabies which make capture impossible because of the danger involved.
Penalty, see § 10.99
§ 95.24 FEMALES IN SEASON.
It is hereby declared unlawful for the owner, keeper, or harborer
of a female dog to permit her to run at large within the municipality while in
season. Any such female dog found running at large in violation of this section
shall be declared to be a public nuisance and as such may be impounded or
killed according to the provisions herein.
Penalty, see § 10.99
§ 95.25 DANGEROUS DOGS.
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL CONTROL AUTHORITY. An entity authorized to enforce the animal control laws of the municipality.
ANIMAL CONTROL OFFICER. Any individual employed, appointed, or authorized by an animal control authority for the purpose of aiding in the enforcement of this section or any other law or ordinance relating to the licensing of animals, control of animals, or seizure and impoundment of animals and shall include any state or local law enforcement or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal.
DANGEROUS DOG. Any dog that, according to the records of the animal control authority:
(1) Has killed or inflicted severe injury on a human being on public or private property;
(2) Has killed a domestic animal without provocation while the dog was off the owner's property; or
(3) Has been previously determined to be a potentially dangerous dog by an Animal Control Authority and the owner has received notice of such determination and such dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals. A dog shall not be defined as a DANGEROUS DOG if the threat, any injury that is not a severe injury, or the damage was sustained by a person who, at the time, was committing a willful trespass as defined in Neb. RS 20-203, 28-520, or 28-521 or any other tort upon the property of the owner of the dog, who was tormenting, abusing, or assaulting the dog, who has, in the past, been observed or reported to have tormented, abused, or assaulted the dog, or who was committing or attempting to commit a crime.
DOMESTIC ANIMAL. A cat, a dog, or livestock.
OWNER. Any person, firm, corporation, organization, political subdivision, or department possessing , harboring, keeping, or having control or custody of a dog.
POTENTIALLY DANGEROUS DOG.
(1) Any dog that when unprovoked:
(a) Inflicts a nonsevere injury on a human or injures a domestic animal either on public or private property;
(b) Chases or approaches a person upon streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack; or
(2) Any specific dog with a known propensity, tendency, or disposition to attack when unprovoked, to cause injury, or to threaten the safety of humans or domestic animals.
SEVERE INJURY. Any physical injury that results in
disfiguring lacerations requiring multiple sutures or cosmetic surgery or one
or more broken bones or that creates a potential danger to the life or health
of the victim.
(Neb. RS 54-617)
(B) Restraint. No owner of a dangerous dog shall permit the dog to go beyond
the property of the owner unless the dog is restrained securely by a chain or
leash.
(Neb. RS 54-618)
(C) Confinement. While unattended on the owner's property, a dangerous dog
shall be securely confined, in a humane manner, indoors or in a securely
enclosed and locked pen or structure suitably designed to prevent the entry of
young children and to prevent the dog from escaping. The pen or structure shall
have secure sides and a secure top. If the pen or structure has no bottom
secured to the sides, the sides shall be embedded into the ground. The pen or
structure shall also protect the dog from the elements. The owner of a
dangerous dog shall post a warning sign on the property where the dog is kept
that is clearly visible and that informs persons that a dangerous dog is on the
property.
(Neb. RS 54-619)
(D) Failure to comply.
(1) Any dangerous dog may be immediately confiscated by an animal control
officer if the owner is in violation of this section. The owner shall be
responsible for the reasonable costs incurred by the animal control authority
for the care of a dangerous dog confiscated by an animal control officer or for
the destruction of any dangerous dog if the action by the animal control
authority is pursuant to law and if the owner violated this section.
(Neb. RS 54-620)
(2) In addition to any other penalty, a court may order the animal control
authority to dispose of a dangerous dog in an expeditious and humane manner.
(Neb. RS 54-621)
(E) Additional regulations. Nothing in this section shall be construed to
restrict or prohibit the City Council from establishing and enforcing laws or
ordinances at least as stringent as the provisions of divisions (A) through
(D).
(Neb. RS 54-624) Penalty, see § 10.99
§ 95.26 LIABILITY OF OWNER.
It shall be unlawful for any person to allow a dog owned, kept, or harbored
by the owner, or under his or her charge or control, to injure or destroy any
real or personal property of any description belonging to another person. The
owner or possessor of any such dog, in addition to the usual judgment upon
conviction, may be made to be liable to the persons so injured in an amount
equal to the value of the damage so sustained.
Penalty, see § 10.99
Statutory reference:
Statutory liability, see Neb. RS 54-601
Joint liability, see Neb. RS 54-602
§ 95.27 IMPOUNDING.
It shall be the duty of any animal control official designated by resolution
of the City Council to capture, secure, and remove in a humane manner to the
municipal animal shelter any dog violating any of the provisions of this
chapter. The dogs so impounded shall be treated in a humane manner and shall be
provided with a sufficient supply of food and fresh water each day. Each
impounded dog shall be kept and maintained at the shelter for a period of not
less than five days after public notice has been given unless reclaimed earlier
by the owner. Notice of impoundment of all animals, including any significant
marks or identifications, shall be posted at the office of the Municipal Clerk
and at the shelter within 24 hours after impoundment as public notification of
such impoundment. Notice of the impoundment of any licensed dog shall be mailed
to the owner listed on the license application of such dog, by regular U.S.
Mail, at the address of such applicant. Any dog may be reclaimed by its owner
during the period of impoundment by payment of a general impoundment fee and
daily board fee as set by resolution of the City Council and on file at the
office of the Municipal Clerk. The owner shall be required to comply with the
licensing and rabies vaccination before release. If the dog is not claimed at
the end of the required waiting period after public notice has been given, any
animal control official designated by resolution of the City Council, may
dispose of the dog in accordance with the applicable rules and regulations
pertaining to the same, provided that if, in the judgment of any designated
animal control official, a suitable home can be found for any such dog within
the municipality, the said dog shall be turned over to that person, and the new
owner shall then be required to pay all fees and meet all licensing and
vaccinating requirements provided in this chapter. The municipality shall
acquire legal title to any unlicensed dog impounded in the animal shelter for a
period longer than the required waiting period after giving notice. All dogs
shall be destroyed and buried in the summary and humane manner as prescribed by
the Board of Health unless a suitable home can be found for such dog.
Statutory reference:
Pounds authorized, see Neb. RS 17-548
Pounds created by rabies control authorities, see Neb. RS 71-4408
§ 95.28 ANIMAL SHELTER.
The municipal animal shelter shall be safe, suitable, and conveniently located for the impounding, keeping, and destruction of dogs. The shelter shall be sanitary, ventilated, and lighted.
DOGS; LICENSING
§ 95.40 LICENSE REQUIRED.
Any person who shall own, keep, or harbor a dog over the age of four months
within the municipality shall within 30 days after acquisition of the dog
acquire a license for each such dog annually by or before May 1 of each year.
The tax shall be delinquent from and after May 10, provided that the possessor
of any dog brought into or harbored within the corporate limits subsequent to
May 1 of any year, shall be liable for the payment of the dog tax levied herein
and such tax shall be delinquent if not paid within 10 days thereafter.
Licenses shall be issued by the Municipal Clerk upon the payment of a license
fee of $5 for each neutered or spayed dog and $8 for each unneutered or unspayed dog, provided that the tax shall be $7 for each
neutered dog for every license issued after the fee has become delinquent and
$10 for each unneutered dog for every license issued after the fee has become
delinquent. The license shall not be transferable, and no refund will be
allowed in case of death, sale, or other disposition of the licensed dog. The
owner shall state at the time the application is made and upon printed forms
provided for such purpose his or her name and address and the name, breed,
color, and sex of each dog owned and kept by the owner. A certificate that the
dog has had a rabies shot, effective for the ensuing year of the license, shall
be presented when the license is applied for, and no license or tag shall be
issued until the certificate is shown.
Penalty, see § 10.99
Statutory reference:
Authority, see Neb. RS 17-526 and 54-603
§ 95.41 DOG GUIDES, HEARING AID DOGS, AND SERVICE DOGS; EXEMPT FROM
LICENSE TAX.
Every dog guide for a blind or visually impaired person, hearing aid dog for
a deaf or hearing-impaired person, and service dog for a physically limited
person shall be licensed as required by the municipal code, but no license tax
shall be charged upon a showing by the owner that the dog is a graduate of a
recognized training school for dog guides, hearing aid dogs, or service dogs.
Upon the retirement or discontinuance of the dog as a dog guide, hearing aid
dog, or service dog, the owner of the dog shall be liable for the payment of
the required license tax.
Statutory reference:
Statutory fee exemption, see Neb. RS 54-603
§ 95.42 LICENSE TAGS.
(A) Upon the payment of the license fee, the person designated by the licensing authority shall issue to the owner of a dog a license certificate and a metallic tag for each dog so licensed. The metallic tags shall be properly attached to the collar or harness of all dogs so licensed and shall entitle the owner to keep or harbor the said dog until April 30 following such licensing.
(B) In the event that a license tag is lost and upon satisfactory evidence
that the original tag was issued in accordance with the provisions herein, the
person designated by the licensing authority shall issue a duplicate or new tag
for the balance of the year for which the license tax has been paid and shall
charge and collect a fee set by resolution of the City Council for each
duplicate or new tag so issued. All license fees and collections shall be
immediately credited to the general fund. It shall be the duty of the person
designated by the licensing authority to issue tags of a suitable design that
are different in appearance each year.
Statutory reference:
Authority, see Neb. RS 17-526 and 54-603
§ 95.43 WRONG LICENSING.
It shall be unlawful for the owner, keeper, or harborer
of any dog to permit or allow such dog to wear any license, metallic tag or
other municipal identification than that issued by the Municipal Clerk for
dogs, nor shall the owner, keeper, or harborer
wrongfully and knowingly license an unneutered dog with a license prescribed
for a neutered dog.
Penalty, see § 10.99
§ 95.44 UNCOLLARED DOGS.
All dogs found running at large upon the streets and public grounds of the
municipality without a collar or harness are hereby declared a public nuisance.
Uncollared dogs found running at large shall be
destroyed or impounded by the person so designated by the City Council.
Statutory reference:
Similar provisions, see Neb. RS 54-605
§ 95.45 REMOVAL OF TAGS.
It shall be unlawful for any person to remove or cause to be removed, the
collar, harness, or metallic tag from any licensed dog without the consent of
the owner, keeper, or possessor thereof.
Penalty, see § 10.99
CATS
§ 95.60 OWNER AND POSSESSOR OF CATS.
Any person who shall harbor or permit any cat to be for ten days or more in or about his or her house, store, or enclosure, or to remain to be fed, shall be deemed the owner and possessor of such cat and shall be deemed to be liable for all penalties prescribed.
§ 95.61 RABIES.
(A) It shall be the duty of the City Council, whenever in its opinion the danger to the public safety from rabid cats is great or imminent, to issue a proclamation ordering all persons owning, keeping, or harboring any cat to confine it for a period of not less than 30 days or more than 90 days from the date of such proclamation or until such danger is passed. The cats may be harbored by any good and sufficient means in a house, garage, or yard on the premise wherein said owner may reside. Upon issuing the proclamation, it shall be the duty of all persons owning, keeping, or harboring any cat to confine the same as herein provided.
(B) Any cat suspected of being afflicted with rabies, which has bitten any person and caused an abrasion of the skin, shall be seized and impounded under the supervision of the Board of Health for a period of not less than ten days. If upon examination by a veterinarian, the cat has no clinical signs of rabies at the end of such impoundment, it may be released to the owner. If the owner of the cat or animal has proof of vaccination, it shall be confined by the owner or some other responsible person for a period of at least ten days, at which time the cat shall be examined by a licensed veterinarian at the owner's expense. If no signs of rabies are observed, the cat may be released from confinement.
CHAPTER 96: TREES
Section
96.01 Definitions
96.02 Tree Board
96.03 Tree species list
96.04 Public trees; planting regulations
96.05 Public trees; care
96.06 Public trees; topping prohibited
96.07 Street trees; clearance
96.08 Removal of dead public trees
96.09 Interference with Tree Board
96.10 Access to private property
§ 96.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PARK TREES. Trees in public parks or other city property.
PRIVATE TREES. All trees within municipal boundaries but not owned by the city.
PUBLIC TREES. All street and park trees and other trees owned by the city.
STREET TREES. Trees on land lying
between the property lines on either side of all streets and avenues within the
city.
(`88 Code, § 8-501) (Ord. 346, passed 12-3-90)
§ 96.02 TREE BOARD.
There is hereby created and established a City Tree Board which shall
consist of four members, citizens and residents of this city, who shall be
appointed by the Mayor with the approval of the City Council. The appointment
of such members of such Board shall be for a term of three years. In the event
of a vacancy, a successor shall be appointed to fill the unexpired term of such
vacant seat. Members of the Tree Board shall serve without compensation. At its
first meeting, which shall be in January of each year, the Board shall organize
and elect a Chairperson and Secretary from its membership. It shall be the duty
of the Secretary to keep the full and correct minutes and records of each
meeting and to file the same with the City Clerk where they shall be available
for public inspection at reasonable times. A majority of the Board members
shall constitute a quorum for conducting business. The Board shall meet at such
times as the City Council may designate. Special meetings may be called by the
Chairperson or any two members of the Board. It shall be the duty of the Board
to take immediate action to develop and administer an active comprehensive city
tree program. When requested, the Board shall consider, investigate, make
findings, report and recommend upon any special matter or question relating to
trees.
(`88 Code, § 8-502) (Ord. 346, passed 12-3-90)
Cross-reference:
Boards and Commissions, see Chapter 32
§ 96.03 TREE SPECIES LIST.
The city shall maintain a list of recommended trees for planting in public
areas. The purpose of this listing will be to maintain diversity in the total
tree population. This list shall be available to residents of the city to aid
in the selection of trees for private and public properties. This list of
recommended trees shall be updated periodically to reflect new developments or
species that will affect the population of the community forest.
(`88 Code, § 8-503) (Ord. 346, passed 12-3-90)
§ 96.04 PUBLIC TREES; PLANTING REGULATIONS.
(A) Trees may be planted in the tree lawn where there is at least six feet between the edge of the sidewalk and the burg of the street. Trees shall be planted no closer than three feet from a sidewalk, driveway or street.
(B) No tree shall be planted closer than 20 feet from any street corner, measured from the point of the nearest intersection of curbs or curblines.
(C) No tree shall be planted closer than ten feet from any fireplug.
(D) No trees other than small trees recommended per § 96.03 may be planted under or within ten lateral feet of any overhead utility line; nor over or within five lateral feet of any underground utility line.
(E) The spacing of trees will be in accordance with the two species size
classes recommended per § 96.03, and no trees may be planted closer together
than 20 feet for small trees and 40 feet for large trees.
(`88 Code, § 8-504) (Ord. 346, passed 12-3-90) Penalty, see § 10.99
§ 96.05 PUBLIC TREES; CARE.
(A) The city shall have the right to plant, prune, maintain, and remove trees, plants, and shrubs within the right-of-way or bounds of all public parks as may be necessary to insure the public safety.
(B) The city may remove any tree or part thereof which is in an unsafe
condition or which by reason of its nature is injurious to electric power lines
or other public improvements, or is seriously affected with any fatal disease.
(`88 Code, § 8-505) (Ord. 346, passed 12-3-90)
§ 96.06 PUBLIC TREES; TOPPING PROHIBITED.
(A) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
TOP or TOPPING. Removing the vertical leader stems and cutting the tree limbs back to a stub, bud, or a later branch not large enough to assume a terminal role, resulting in decay of the trunk and/or main branches and sprout production; usually involves removing more than 1/3 of the tree canopy.
(B) It shall be unlawful for any person to top any tree on city-owned land or public road right-of-way.
(C) It shall be unlawful for any person working for hire to top any tree on
public land within the corporate limits of the city.
(`88 Code, § 8-506) (Ord. 346, passed 12-3-90; Am. Ord. 480, passed 1-20-03)
Penalty, see § 10.99
§ 96.07 STREET TREES; CLEARANCE.
Clearance over streets and walkways shall be the responsibility of the
abutting property owner. A clearance of ten feet must be maintained over
walkways and a clearance of 17 feet must be maintained over streets and alleys.
Property owners are responsible for trees on their own property as well as
trees on the public way that abuts their property.
(`88 Code, § 8-507) (Ord. 346, passed 12-3-90)
§ 96.08 REMOVAL OF DEAD PUBLIC TREES.
The city shall have the right to cause to be removed any dead public tree.
Removal is the responsibility of the city.
(`88 Code, § 8-508) (Ord. 346, passed 12-3-90)
§ 96.09 INTERFERENCE WITH TREE BOARD.
It shall be unlawful for any person to prevent, delay or interfere with the Tree
Board or any of its representatives or agents, while engaging in and about the
planting, cultivating, mulching, pruning, spraying or removing of any public
trees.
(`88 Code, § 8-509) (Ord. 346, passed 12-3-90) Penalty, see § 10.99
§ 96.10 ACCESS TO PRIVATE PROPERTY.
It shall be unlawful for any person to prevent, delay or interfere with
access to private property by the city or its representative in the legal
performance of any section of this chapter.
(`88 Code, § 8-510) (Ord. 346, passed 12-3-90) Penalty, see § 10.99