MUNICIPAL CODE
OF THE
CITY OF
********
Please realize that our ordinances are updated irregularly and this website listing is NOT always up to date.
If you have a
specific question about a city ordinance, please contact city hall or the
Crawford Police Department for accurate and up to date information.
ARTICLE I - MAYOR AND CITY COUNCIL
1-101 CORPORATE EXISTENCE
1-102 CITY COUNCIL; NUMBER AND QUALIFICATIONS OF MEMBERS
1-103 ELECTION OF CITY OFFICIALS
1-104 MAYOR; DUTIES AND POWERS
1-105 MAYOR; VACANCY
1-106 PRESIDENT OF COUNCIL; ACTING PRESIDENT
1-107 SUCCESSION OF CONTROL
1-108 VACANCIES IN CITY OFFICES
1-109 RESIGNATIONS
1-110 CITY COUNCIL; POWERS
1-111 OFFICERS' SALARIES
1-112 COMPENSATION; CONFLICT OF INTEREST
1-113 ELECTED OFFICIALS; QUALIFICATIONS; RESTRICTIONS
ON OTHER EMPLOYMENT OR ELECTIVE OFFICE
ARTICLE II - APPOINTIVE OFFICERS
1-201 APPOINTIVE OFFICERS
1-202 MERGER OF OFFICES
1-203 CLERK-TREASURER POSITION CREATED
1-204 CITY CLERK; DUTIES
1-205 CITY TREASURER; DUTIES
1-206 CITY TREASURER; MONTHLY REPORT
1-207 CITY TREASURER; ANNUAL REPORT
1-208 CITY ATTORNEY; DUTIES
1-209 CITY POLICE CHIEF; DUTIES
1-210 SEWER COMMISSIONER
1-211 PUBLIC WORKS COMMISSIONER
1-212 STREET SUPERINTENDENT
1-213 SPECIAL ENGINEER
ARTICLE III - ADMINISTRATION
1-301 CORPORATE SEAL
1-302 OFFICERS, BONDS
1-303 OATH OF OFFICE
1-304 MEETINGS; PUBLIC; QUORUM
1-305 SPECIAL MEETINGS
1-306 MEETINGS; CLOSED SESSIONS
1-307 MEETINGS; NOTICE TO NEWS MEDIA
1-308 MEETINGS; PUBLIC PARTICIPATION
1-309 MEETINGS; CITY COUNCIL
1-310 MEETINGS; ORDER OF BUSINESS
1-311 MEETINGS; PARLIAMENTARY PROCEDURE
1-312 MEETINGS; CHANGE IN OFFICE
1-313 MEETINGS; ORGANIZATIONAL
1-314 MEETINGS; VIDEOCONFERENCING, WHEN ALLOWED
1-315 APPOINTMENT OF COMMITTEES
ARTICLE IV - ORDINANCES
1-401 GRANT OF POWER
1-402 INTRODUCTION
1-403 RESOLUTIONS AND MOTIONS
1-404 PASSAGE
1-405 SUSPENSION OF RULES
1-406 STYLE
1-407 EFFECTIVE DATE
1-408 TITLE
1-409 EMERGENCY ORDINANCES
1-410 CERTIFICATE OF PUBLICATION OR POSTING
1-411 AMENDMENTS AND REVISIONS
ARTICLE V - FISCAL MANAGEMENT
1-501 FISCAL YEAR
1-502 BUDGET PROCEDURE
1-503 BUDGET STATEMENT; FILING
1-504 BUDGET HEARING
1-505 BUDGET FILING
1-506 ANNUAL AUDIT
1-507 ALL-PURPOSE LEVY
1-508 CONTRACTS
1-509 CLAIMS
1-510 WARRANTS
1-511 TRANSFER OF FUNDS
1-512 SPECIAL ASSESSMENT FUND
1-513 SINKING FUNDS
1-514 DEPOSIT OF FUNDS
1-515 INVESTMENT OF FUNDS
1-516 EXPENDITURES
1-517 BOND ISSUES
1-518 SALES TAX
ARTICLE VI - ELECTIONS
1-601 ELECTION OF OFFICERS; CERTIFICATION
1-602 PRIMARY ELECTION; NUMBER OF CANDIDATES FILING
1-603 TIE VOTES
1-604 FILING FEE
1-605 VOTER QUALIFICATIONS
1-606 PETITION CANDIDATES
1-607 NOMINATION BY WRITE-IN VOTES
1-608 SPECIAL JOINT ELECTIONS
1-609 CERTIFICATE OF NOMINATION OR ELECTION
1-610 INABILITY TO ASSUME OFFICE
1-611 RECALL PROCEDURE
1-612 BALLOTS
1-613 WARDS
1-614 EXIT POLLS
ARTICLE VII - POLICE DEPARTMENT
1-701 POWER, DUTIES, RESPONSIBILITIES
1-702 ARREST JURISDICTION
1-703 DISCHARGE OR DISCIPLINE OF POLICE MEMBERS
1-704 APPEAL PROCEDURE FOR DISCHARGED OR DISCIPLINED
POLICE OFFICERS
ARTICLE VIII - PLANNING COMMISSION
1-801 MEMBERS; OFFICERS; DUTIES; ALTERNATE
ARTICLE IX - BOARD OF HEALTH
1-901 MEMBERS
1-902 POWERS AND DUTIES
1-903 DEPOSITING OR PERMITTING DEPOSIT OR ACCUMULATION
OF ANY SUBSTANCE DETRIMENTAL TO HEALTH OR
OFFENSIVE TO SMELL; PENALTY
ARTICLE X - TREE BOARD
1-1001 CREATION AND ESTABLISHMENT OF TREE BOARD
1-1002 DEFINITIONS
1-1003 TERM OF OFFICE
1-1004 COMPENSATION
1-1005 DUTIES AND RESPONSIBILITIES
1-1006 OPERATION
1-1007 STREET TREE SPECIES TO BE PLANTED
1-1008 SPACING
1-1009 DISTANCE FROM CURB AND SIDEWALK
1-1010 DISTANCE FROM STREET CORNERS AND FIREPLUGS
1-1011 UTILITIES
1-1012 PUBLIC TREE CARE
1-1013 CONSENT OF PROPERTY OWNER
1-1014 TREE TOPPING
1-1015 PRUNING, CORNER CLEARANCE
1-1016 DEAD OR DISEASED TREE REMOVAL ON PRIVATE
PROPERTY
1-1017 REMOVAL OF STUMPS
1-1018 INTERFERENCE WITH TREE BOARD
1-1019 REVIEW BY CITY COUNCIL
ARTICLE XI - BOARD OF PARK COMMISSIONERS
1-1101 MEMBERS; TERMS; COMPENSATION; SUBCOMMITTEES
1-1102 ORGANIZATION; DUTIES
1-1103 PARKS; OPERATION AND FUNDING
1-1104 PARKS; INJURY TO PROPERTY
1-1105 PARKS; OCCUPANCY AND USE
1-1106 SWIMMING POOL; OPERATION AND FUNDING
1-1107 SWIMMING POOL; ADMISSION CHARGE
1-1108 SWIMMING POOL; RENTALS
1-1109 SWIMMING POOL; RULES AND REGULATIONS
ARTICLE XII - LIBRARY BOARD
1-1201 LIBRARY BOARD
1-1202 OPERATION AND FUNDING
1-1203 BOOKS
1-1204 RULES AND REGULATIONS
1-1205 COST OF USE
1-1206 DAMAGED AND LOST BOOKS
1-1207 BOOK REMOVAL
1-1208 MONEY COLLECTED
ARTICLE XIII - GOLF COURSE BOARD
1-1301 MEMBERS
1-1302 POWERS AND DUTIES
1-1303 GOLF COURSE BONDS ORDINANCE NO. 550
1-1304 REMOVAL FROM OFFICE
ARTICLE XIV - NURSING HOME BOARD
1-1401 MEMBERS; TERM OF OFFICE
1-1402 POWERS AND DUTIES
1-1403 REMOVAL FROM OFFICE
ARTICLE XV – BOARD OF ADJUSTMENT
1-1501 MEMBERS; TERM OF APPOINTMENT
1-1502 POWERS AND DUTIES
1-1503 APPEALS TO BOARD
1-1504 RULES AND REGULATIONS
ARTICLE XVI - CEMETERY BOARD
1-1601 MEMBERS; TERM OF OFFICE
1-1602 POWERS AND DUTIES
1-1603 BOUNDARIES
1-1604 SIZE AND PRICE OF LOTS
1-1605 MAINTENANCE; TAX FOR, HOW USED
1-1606 PERPETUAL CARE, CHARGE FOR
1-1607 INJURY TO CEMETERY PROPERTY; PENALTY
1-1608 ABANDONMENT
ARTICLE XVII - PENAL PROVISION
1-1701 VIOLATION; PENALTY
ARTICLE I - MISDEMEANORS
2-101 DRINKING ON STREETS, IN PUBLIC PLACES, OR ON
PUBLIC PROPERTY; PERMITS FOR; APPLICATION
2-102 DISTURBING THE PEACE
2-103 EXCESSIVE NOISE CONTROL
2-104 DISORDERLY CONDUCT
2-105 MALICIOUS DESTRUCTION OF PROPERTY
2-106 TRESPASSING
2-107 DISTURBING AN ASSEMBLY
2-108 DISCHARGE OF SLINGSHOTS, PAINTBALL GUNS, BLOW
GUNS, AIR RIFLES OR SIMILAR INSTRUMENTS
2-109 WINDOW PEEPING
2-110 STALKING
2-111 GAMBLING PROHIBITED
2-112 HOUSE OF PROSTITUTION; DISORDERLY HOUSE;
PROHIBITED
2-113 INDECENT EXPOSURE OF PERSON; PUBLIC URINATION;
INDECENT BOOK, PICTURE, PLAY OR DESIGN
2-114 CARRYING CONCEALED WEAPONS; DISCHARGING
FIREARMS, ETC., PROHIBITED
2-115 RESISTING OR FAILING TO ASSIST OFFICER; PROHIBITED
2-116 IMPERSONATING OFFICER PROHIBITED
2-117 OBSTRUCTING OFFICER PROHIBITED
2-118 LITTERING
2-119 TRASH
2-120 APPLIANCES IN YARD
2-121 POSTING
ARTICLE II - CURFEW
2-201 CURFEW HOURS
2-202 CURFEW HOURS EXTENDED
2-203 VIOLATION; PARENTAL LIABILITY
2-204 ENFORCEMENT; POLICE AUTHORIZATION
2-205 PENALTIES
ARTICLE III – DOGS AND CATS
2-301 OWNER DEFINED
2-302 LICENSING
2-303 REMOVAL OF TAGS
2-304 UNLICENSED DOGS AND CATS
2-305 BARKING AND OFFENSIVE DOGS PROHIBITED
2-306 RUNNING AT LARGE
2-307 DANGEROUS DOGS; DEFINITIONS
2-307 DANGEROUS DOGS ON OWNER’S PROPERTY; CONFINED
2-309 DANGEROUS DOGS; FAILURE TO COMPLY
2-310 RABIES VACCINATION
2-311 RABIES SUSPECTED; IMPOUNDMENT
2-312 RABID ANIMALS; CAPTURE IMPOSSIBLE
2-313 RABID ANIMALS; PROCLAMATION
2-314 FIGHTING DOGS
2-315 KILLING AND POISONING
2-316 INTERFERENCE WITH POLICE
2-317 DAMAGE BY DOG OR CAT; LIABILITY OF OWNER
2-318 IMPOUNDING
2-319 ANIMAL SHELTER
ARTICLE IV - KENNELS
2-401 KENNELS; DEFINED
2-402 UNLICENSED KENNELS; NUISANCE
2-403 KENNELS; LICENSE REQUIRED
2-404 KENNEL LICENSE; APPLICATION FOR
2-405 KENNEL REGULATIONS
ARTICLE V - ANIMALS GENERALLY
2-501 ANIMALS BANNED FROM CITY
2-502 CRUELTY; DEFINITIONS
2-503 CRUELTY TO ANIMALS
2-504 CRUELTY TO ANIMALS; LAW ENFORCEMENT OFFICER; POWERS, IMMUNITY
2-505 ENCLOSURES
2-506 RUNNING AT LARGE
2-507 FOWL; RUNNING AT LARGE
2-508 WILD ANIMALS
ARTICLE VI - WEEDS, JUNK CARS, LITTER AND DANGEROUS BUILDINGS REGULATIONS
2-601 DEFINITIONS
2-602 PUBLIC NUISANCE; GRASSES OR WEEDS
2-603 PUBLIC NUISANCE; LITTER OR DANGEROUS BUILDING
2-604 ABATEMENT
2-605 FAILURE TO CORRECT
2-606 COST OF REMOVAL
ARTICLE VII – PENAL PROVISION
2-701 VIOLATION; PENALTY
ARTICLE I - TRAFFIC REGULATIONS
3-101 TERMS DEFINED
3-102 TRUCK ROUTES
3-103 ENGINE BRAKING
3-104 TURNING; "U" TURNS
3-105 TURNING; SIGNALS
3-106 TURNING; GENERALLY
3-107 TURNING; CAUTIOUS
3-108 RIGHT OF WAY; GENERALLY
3-109 RIGHT OF WAY; EMERGENCY VEHICLES
3-110 POSITION OF
3-111 POSITION OF
3-112 BACKING
3-113 DRIVING IN SIDEWALK SPACE
3-114 STOPS; MANDATORY
3-115 SIGNS, SIGNALS
3-116 STOP SIGNS
3-117 UNNECESSARY STOPPING
3-118 SPEED ZONES
3-119 FUNERAL PROCESSIONS
3-120 FOLLOWING DISTANCE; GENERALLY
3-121 FOLLOWING DISTANCE; FIRE APPARATUS
3-122 GLASS; POINTED OBJECTS
3-123 SIGNS; DEFACING OR INTERFERING WITH
3-124 SIGNS; UNAUTHORIZED DISPLAY
3-125 SPEED; ELECTRONIC DETECTOR
3-126 CARELESS DRIVING
3-127 RECKLESS DRIVING
3-128 RECKLESS DRIVING; WILLFUL
3-129 EMERGENCY; REGULATIONS
3-130 POLICE; TRAFFIC POWERS
3-131 POLICE; REFUSAL TO OBEY
3-132 POLICE; TRAFFIC OFFICERS
3-133 LITTERING
3-134 DRIVING ABREAST
3-135 RIDING OUTSIDE VEHICLE
3-136 CROWDING FRONT SEAT OR OBSTRUCTING DRIVER'S VIEW OR DRIVING MECHANISM; PROHIBITED
3-137 MUFFLER
3-138 LOADS; PROJECTING
3-139 LOADS; SPILLING
ARTICLE II - ABANDONED VEHICLES
3-201 TERMS DEFINED
3-202 ENFORCEMENT
3-203 NOTICE
3-204 DISPOSITION
3-205 TRANSFER OF TITLE
3-206 PENAL PROVISIONS
ARTICLE III - PARKING
3-301 VEHICLES; UNATTENDED
3-302 PARKING; GENERALLY
3-303 PARKING; AREAS
3-304 OBSTRUCTING ALLEY
3-305 ALLEYS; LOADING AND UNLOADING
3-306 TRUCKS
3-307 UNLOADING; FREIGHT VEHICLES
3-308 FIRE HYDRANTS AND STATIONS
3-309 SCHOOLS, THEATERS
3-310 CURB INTERSECTIONS
3-311 CURBS
3-312 OBSTRUCTING TRAFFIC
3-313 CURBS, PAINTED
3-314 DISPLAY OR REPAIR OF VEHICLES
3-315 TIME LIMIT
3-316 MAXIMUM TIME LIMIT
3-317 EMERGENCY VEHICLES
3-318 SNOW REMOVAL AND MAINTENANCE
3-319 HANDICAPPED OR DISABLED PERSONS; DESIGNATION OF ONSTREET PARKING SPACES; DISPLAY OF PERMITS
3-320 HANDICAPPED OR DISABLED PERSONS; DESIGNATION OF OFFSTREET PARKING SPACES
3-321 HANDICAPPED OR DISABLED PERSONS, HANDICAPPED PARKING INFRACTION; DEFINED
3-322 HANDICAPPED OR DISABLED PERSONS; PERMIT ISSUANCE
3-323 HANDICAPPED OR DISABLED PERSONS; MOTOR VEHICLE PERMIT ISSUANCE
3-324 HANDICAPPED OR DISABLED PERSONS; REMOVAL OF UNAUTHORIZED VEHICLE; PENALTY
3-325 REMOVAL OF ILLEGALLY PARKED VEHICLES
ARTICLE IV – BICYCLES, MOTORCYCLES, SNOWMOBILES, ALL-TERRAIN VEHICLES AND MINIBIKES
3-401 BICYCLES; REGISTRATION AND OPERATION
3-402 CLINGING TO MOTOR VEHICLE
3-403 MOTORCYCLE OPERATION
3-404 MOTORCYCLE; LIGHTS
3-405 SNOWMOBILES; EQUIPMENT
3-406 SNOWMOBILES; UNLAWFUL OPERATION
3-407 SNOWMOBILES; UNLAWFUL ACTS
3-408 SNOWMOBILES; ON PUBLIC LANDS
3-409 SNOWMOBILES; ENFORCEMENT, PENALTY
3-410 ALL-TERRAIN VEHICLES; DEFINED
3-411 ALL-TERRAIN VEHICLES; OPERATION
3-412 ALL-TERRAIN VEHICLES; HEADLIGHTS
3-413 ALL-TERRAIN VEHICLES; EQUIPMENT, REQUIREMENT
3-414 ALL-TERRAIN VEHICLES; PROHIBITIONS
3-415 ALL-TERRAIN VEHICLES; COMPETITION
3-416 ALL-TERRAIN VEHICLES; ACCIDENT REPORT
3-417 ALL-TERRAIN VEHICLES; PENALTY
3-418 ALL-TERRAIN VEHICLES; ENFORCEMENT
3-419 MINIBIKES; UNLAWFUL OPERATION
3-420 MINIBIKES; TRAFFIC LAWS INAPPLICABLE
3-421 MINIBIKES; EMERGENCIES AND PARADES
3-422 MINIBIKES; PUBLIC LANDS
ARTICLE V - PENAL PROVISION
3-501 VIOLATION; PENALTY
ARTICLE I - OCCUPATION TAX
4-101 PURPOSE
4-102 FIRE INSURANCE COMPANIES
4-103 INTERSTATE OR GOVERNMENT BUSINESS
4-104 COLLECTION DATE
4-105 CERTIFICATES
4-106 DUTIES OF PARTIES LIABLE
4-107 PAID TO TREASURER; NOT ASSIGNABLE
4-108 NO REFUND
4-109 VIOLATION; PENALTY
ARTICLE II - LIQUOR REGULATIONS
4-201 TERMS DEFINED
4-202 LICENSE REQUIRED
4-203 LIQUOR APPLICATION; RETAIL LICENSING STANDARDS
4-204
4-205 HOURS OF
4-207 OCCUPATION TAX
4-208 ENTRY OF PREMISES FOR INSPECTION
4-209 FORM FOR CITIZEN COMPLAINT
4-210 FORMS, CONTINUED; PROCEDURE
4-211 COMPLAINT INITIATED BY CITY COUNCIL
4-212 PREREQUISITES TO DELIVERY OF LICENSE
4-213 ACTION ON APPLICATION FOR LICENSE
4-214 RENEWAL OF LICENSE
4-215 PROTESTS AGAINST RENEWAL
4-216 SPIKING BEER
4-217 CHANGE OF PREMISES
4-218 GAMBLING
4-219
4-220 TRANSPORTATION OF LIQUOR OF RETAIL LICENSEES
4-221 NO DELIVERY AFTER CLOSING HOURS
4-222 RESTRICTIONS ON CONDUCT OF OTHER BUSINESS
4-223 CONDUCT PROHIBITED ON LICENSED PREMISES
4-224 ADVERTISEMENTS AND SALES
4-225 SANITATION
4-226 SALES FOR CASH ONLY
4-227 DISPLAY OF LICENSE
4-228 REMOVAL OF INTOXICATED PERSONS FROM PUBLIC OR
QUASI-PUBLIC PROPERTY
4-229 CATERING LICENSE
4-230 GLASS CONTAINERS PROHIBITED DURING PRCA RODEO
ARTICLE III - NON-RESIDENT SALESMEN
4-301 REGULATION
4-302 HOURS OF SOLICITATION
4-303 EXCEPTIONS
ARTICLE IV - PLUMBERS
4-401 LICENSED PLUMBER DEFINED
4-402 PROCEDURE TO OBTAIN LICENSE
4-403 RENEWAL OF LICENSES
4-404 TERM OF LICENSE
4-405 FEES TO BE PAID TO CITY TREASURER
ARTICLE V - RAILROAD COMPANIES
4-501 SAFE CROSSINGS
4-502 SPEED
4-503 OBSTRUCTING TRAFFIC
4-504 OBSTRUCTING VIEW AT CROSSING PROHIBITED
ARTICLE VI – URANIUM AND RELATED SUBSTANCES EXTRACTION WELLS
4-601 DEFINITIONS
4-602 WELLS; PERMIT REQUIRED
4-603 PERMITS; APPLICATION
4-604 FILING OF INDEMNITY BOND AND PROOF OF INSURANCE
4-605 PERMIT FEE
4-606 HEARING; NOTICE
4-607 ABANDONMENT AND PLUGGING OF WELLS
4-608 PIPELINES; EXCAVATIONS; PERMITS
4-609 DERRICKS AND DRILLING MASTS; CONSTRUCTION
4-610 WELL CASINGS
4-611 SEPARATORS AND STORAGE TANKS
4-612 SLUSH PITS
4-613 ELECTRIC MOTORS REQUIRED
4-614 DISPOSAL OF BY-PRODUCTS
4-615 VIOLATIONS
4-616 SUSPENSION OF PERMITS
4-617 ENFORCEMENT
ARTICLE VII - PENAL PROVISION
4-701 VIOLATION; PENALTY
ARTICLE I - PUBLIC PROPERTY REGULATIONS
5-101 MAINTENANCE AND CONTROL
5-102 OBSTRUCTIONS
5-103 PERMITTED OBSTRUCTIONS
5-104
MUNICIPAL PROPERTY;
5-105 ACQUISITION OF PROPERTY; CONSTRUCTION; ELECTIONS, WHEN REQUIRED
5-106 SPECIAL IMPROVEMENT DISTRICT; ASSESSMENT AND CREATION PROCESS
5-107 IMPROVEMENT DISTRICT; LAND ADJACENT
5-108 ACQUISITION OF REAL PROPERTY
ARTICLE II - STREETS
5-201 NAMES AND NUMBERS
5-202 CROSSINGS
5-203 EXCAVATION
5-204 DRIVING STAKES
5-205 MIXING CONCRETE
5-206 HARMFUL LIQUIDS
5-207 EAVES AND GUTTER SPOUTS
5-208 HEAVY EQUIPMENT
5-209 WIDENING, OPENING, VACATING
5-210 UTILITY LINES, WIRES, ETC.
5-211 CONSTRUCTION ASSESSMENT
5-212 IMPROVEMENT DISTRICTS, OBJECTIONS
5-213 IMPROVEMENT OF STREETS ON CORPORATE LIMITS
5-214 IMPROVEMENT OF MAIN THOROUGHFARES
5-215 PETITION FOR IMPROVEMENTS
5-216 DEFERRAL FROM SPECIAL ASSESSMENTS
5-217 CUTTING CURB; PERMIT REQUIRED
ARTICLE III - SIDEWALKS
5-301 DUTY OF PROPERTY OWNERS; LIABILITY
5-302 NEW SIDEWALK; NOTICE
5-303 REPAIRING SIDEWALK; NOTICE
5-304 RECONSTRUCTING SIDEWALKS; NOTICE
5-305 FAILURE TO CONSTRUCT, RECONSTRUCT OR REPAIR
5-306 CONSTRUCTION BY PETITION
5-307 CONSTRUCTION BY OWNER
5-308 DUTY TO REMOVE SNOW, SLEET AND ICE; PENALTY
5-309 DUTY TO REMOVE BRANCHES AND SHRUBBERY
ENCROACHING THEREON; PENALTY
ARTICLE IV - CONSTRUCTION OF PRIVATE DRIVES
5-401
APPLICATION FOR CONSTRUCTION OF
5-402 APPLICATION REQUIREMENTS
5-403 ISSUANCE OF PERMIT
5-404 PENALTIES
ARTICLE V - PENAL PROVISIONS
5-501 VIOLATION; PENALTY
ARTICLE I – UTILITIES GENERALLY
6-101 BILLING
6-102 DISCONTINUANCE OF SERVICE, NOTICE PROCEDURE
6-103 LIEN
6-104 DIVERSION OF SERVICES, METER TAMPERING, UNAUTHORIZED RECONNECTION, PROHIBITED; EVIDENCE
6-105 DIVERSION OF SERVICES; PENALTY
ARTICLE II - WATER DEPARTMENT
6-201 OPERATIONS AND FUNDING
6-202 TERMS DEFINED
6-203 CONSUMER'S APPLICATION
6-204 WATER CONTRACT
6-205 INSTALLATION EXPENSE
6-206 INSTALLATION PROCEDURE
6-207 MAINTENANCE AND REPAIRS
6-208 FEES AND COLLECTIONS
6-209 WATER BILLS
6-210 WATER RENTAL RATES
6-211 PROHIBITION OF LEAD PIPES, SOLDER AND FLUX
6-212 SINGLE PREMISE
6-213 RESTRICTED USE
6-214 FIRE HYDRANTS
6-215 WATER SERVICE CONTRACTS; NOT TRANSFERABLE
6-216 INSPECTION
6-217 DESTRUCTION OF PROPERTY
6-218 POLLUTION
6-219 MANDATORY HOOKUP
6-220 LICENSED PLUMBER
6-221 BACKFLOW REGULATIONS; POLICY AND PURPOSE
6-222 BACKFLOW REGULATIONS; DEFINITIONS
6-223 BACKFLOW REGULATIONS; SURVEYS AND INVESTIGATIONS
6-224 BACKFLOW REGULATIONS; WHERE PROTECTION IS REQUIRED
6-225 BACKFLOW REGULATIONS; TYPE OF PROTECTION REQUIRED
6-226 BACKFLOW REGULATIONS; BACKFLOW PREVENTION DEVICES
6-227 BACKFLOW REGULATIONS; BOOSTER PUMPS
6-228 BACKFLOW REGULATIONS; YARD HYDRANTS
6-229 BACKFLOW REGULATIONS; FIRE SUPPRESSION SYSTEMS
6-230 BACKFLOW REGULATIONS; VIOLATIONS
6-231 BACKFLOW REGULATIONS; APPROVAL STANDARDS
6-232 BACKFLOW REGULATIONS; LIABILITY CLAIMS
6-233 PROHIBITED USES DURING EMERGENCY WATER SHORTAGE
6-234 WELLHEAD PROTECTION; DEFINITION, DESIGNATION
6-235 WELLHEAD PROTECTION; REGULATIONS
ARTICLE III - SEWER DEPARTMENT
6-301 TERMS DEFINED
6-302 OPERATION AND FUNDING
6-303 SEWER CONTRACT
6-304 SEWER USE RATES; COLLECTION
6-305 SERVICE CONTRACTS
6-306 UNLAWFUL DISCHARGE OF WASTES
6-307 CESSPOOLS, PRIVIES AND SEPTIC TANKS PROHIBITED
6-308 MANDATORY HOOKUP
6-309 PRIVATE SEWAGE DISPOSAL; WHEN APPLICABLE
6-310 PRIVATE SEWAGE DISPOSAL SYSTEM; PERMIT REQUIRED,
FEE
6-311 PRIVATE SEWAGE DISPOSAL SYSTEM; PERMIT, WHEN
EFFECTIVE; INSPECTIONS
6-312 PRIVATE SEWAGE DISPOSAL SYSTEM; SPECIFICATIONS
6-313 PRIVATE SEWAGE DISPOSAL SYSTEM; MAINTENANCE
6-314 PRIVATE SEWAGE DISPOSAL SYSTEM;
ADDITIONAL REQUIREMENTS
6-315 INSTALLATION PROCEDURE
6-316 INSTALLATION EXPENSE
6-317 INSTALLATION; PERMIT REQUIRED
6-318 SINGLE PREMISE
6-319 USE OF EXISTING SEWERS
6-320 CONSTRUCTION CODES
6-321 PROHIBITED DISCHARGES; STORM WATER, SURFACE
WATER, GROUNDWATER, COOLING WATER AND PROCESS
WATER
6-322 HAZARDOUS AND PROHIBITED DISCHARGES; FLAMMABLE,
TOXIC, CORROSIVE AND OBSTRUCTIVE SUBSTANCES;
PRELIMINARY TREATMENT
6-323 HAZARDOUS AND PROHIBITED DISCHARGES; SPECIFIC
PROHIBITIONS AS DETERMINED BY PUBLIC WORKS
COMMISSIONER
6-324 PROHIBITED DISCHARGES; PUBLIC WORKS COMMISSIONER
DISCRETION WITH RESPECT TO
6-325 GREASE, OIL AND SAND INTERCEPTORS
6-326 PRELIMINARY TREATMENT OR FLOW EQUALIZING
FACILITIES; MAINTENANCE BY OWNER
6-327 CONTROL MANHOLES/SAMPLING STATIONS; WHEN
REQUIRED; INSTALLATION AND MAINTENANCE
6-328 CONTROL MANHOLES/SAMPLING STATIONS; METHOD
6-329 HAZARDOUS AND PROHIBITED SUBSTANCES; SPECIAL
EXCEPTIONS PERMITTED; USE FEE SURCHARGE
6-330 INSPECTIONS
6-331 CLASSIFICATION
6-332 MANHOLES
6-333 DESTRUCTION OF PROPERTY
6-334 COMPLIANCE WITH ARTICLE; INSPECTIONS
6-335 COMPLIANCE WITH ARTICLE; INSPECTIONS; INJURY
LIABILITY
6-336 COMPLIANCE WITH ARTICLE; INSPECTIONS; EASEMENTS
6-337 SERVICE TO NON-RESIDENTS
6-338 REPAIR AND REPLACEMENT
6-339 LICENSED PLUMBER
6-340 PLUMBER'S LIABILITY
ARTICLE IV - GARBAGE AND REFUSE COLLECTION
6-401 DEFINITIONS
6-402 GARBAGE; TRASH AND WASTE
6-403 DEAD ANIMALS
6-404 HAZARDOUS WASTE
6-405 GARBAGE, RUBBISH AND WASTE; DEPOSIT ON OTHER PREMISES
6-406 HAULING PERMIT REQUIRED
6-407 VEHICLE SPECIFICATIONS
6-408 PERMIT REVOCATION
6-409 COLLECTION OF FEES; EXEMPTION
ARTICLE V - NATURAL GAS RATE REGULATION
6-501 ADOPTION OF NATURAL GAS REGULATION ACT
6-502 GAS RATE COLLECTION FEE
ARTICLE VI - PENAL PROVISION
6-601 VIOLATION; PENALTY
CHAPTER VII
FIRE DEPARTMENT
ARTICLE I – ORGANIZATION
7-101 OPERATION AND FUNDING
7-102 MEMBERSHIP
7-103 OFFICES OF CHIEF, ASSISTANT CHIEF AND CAPTAINS CREATED; DUTIES
7-104 POWER AND DUTIES OF CHIEF
7-105 ADDITIONAL POWERS AND DUTIES OF CHIEF
7-106 FAILURE TO OBEY NOTICE OF FIRE CHIEF; PENALTY
7-107 RECORDS
7-108 FIRES
7-109 DISTANT FIRES
7-110 PRESERVATION OF PROPERTY
7-111 MANDATORY ASSISTANCE
7-112 POWER OF ARREST
7-113 FIRE INVESTIGATION
7-114 EQUIPMENT
7-115 INTERFERENCE
7-116 OBSTRUCTION
7-117 ASSISTANCE
7-118 DRIVING OVER HOSE
7-119 TRAFFIC
7-120 FALSE ALARM
7-121 PEDESTRIANS
ARTICLE II - FIRE REGULATIONS
7-201 FIRE PREVENTION CODE
7-202 FIRE CODE ENFORCEMENT
7-203 LAWFUL ENTRY
7-204 VIOLATION NOTICE
7-205 POISONOUS OR FLAMMABLE GAS
7-206 SMOKING IN PUBLIC PLACES
7-207 PROHIBITED FUELS
7-208 BURNING PROHIBITED
7-209 STOVE, FURNACES AND CHIMNEYS
7-210 OPEN BURNING BAN; WAIVER
7-211 FIRE LIMITS; DEFINED
7-212 FIRE LIMITS; BUILDING PERMIT
7-213 FIRE LIMITS; MATERIALS
7-214 FIRE LIMITS; PERMITTED REPAIRS
7-215 FIRE LIMITS; REMOVAL REQUIRED
7-216 FIRE LIMITS; REMOVAL OR REPAIR REQUIRED
ARTICLE III - EXPLOSIVE MATERIAL
7-301 STORAGE
7-302 BULLETS
7-303 BLASTING PERMITS
7-304 REGISTRATION
ARTICLE IV - FIREWORKS
7-401 REGULATION OF
USE,
ARTICLE V - PENAL PROVISION
7-501 VIOLATION; PENALTY
ARTICLE I – ZONING AND SUBDIVISION REGULATIONS
8-101 ADOPTED BY REFERENCE
ARTICLE II - BUILDING REGULATIONS
8-201 BUILDING INSPECTOR; POWERS AND AUTHORITY
8-202 BUILDING INSPECTOR; RIGHT OF ENTRY
8-203 BUILDING PERMITS REQUIRED; APPLICATION, ISSUANCE
8-204
BUILDING PERMIT; DUPLICATE TO
8-205 BUILDING PERMIT; VARIANCE NOT PERMITTED
8-206 BUILDING PERMIT; TIME OF INSPECTION
8-207 PERMIT LIMITATION
8-208 BOND REQUIREMENT
8-209 BUILDING WITHOUT PERMIT; NUISANCE
8-210 UNIFORM CODES; ADOPTED BY REFERENCE
ARTICLE III – FLOODWAY REGULATIONS
8-301 DEFINITIONS
8-302 ENFORCEMENT OFFICIAL
8-303 FLOOD HAZARD BOUNDARY MAP
8-304 DEVELOPMENT PERMITS REQUIRED
8-305 APPLICATION FOR DEVELOPMENT PERMIT
8-306 REVIEW OF APPLICATION FOR DEVELOPMENT PERMIT
8-307 REQUIREMENTS FOR DEVELOPMENT PERMIT
8-308 FINDINGS OF FACT
8-309 NEW WATER AND SEWER SYSTEMS
8-310 ALTERATION OR RELOCATION OF WATERCOURSES
8-311 AMENDMENTS
ARTICLE IV - MOVING BUILDINGS
8-401 TERMS DEFINED
8-402 PERMIT REQUIRED
8-403 APPLICATION
8-404 INTERFERENCE
8-405 DUTIES OF PERMITTEE
8-406 NO GENERAL LICENSE
ARTICLE V - PENAL PROVISION
8-501 VIOLATION; PENALTY
CHAPTER I CIVIL ADMINISTRATION
ARTICLE I - MAYOR AND CITY COUNCIL
SECTION 1-101: CORPORATE EXISTENCE
The City of
SECTION 1-102: CITY COUNCIL; NUMBER AND QUALIFICATIONS
OF MEMBERS
The elected officials of the
City shall consist of a mayor and four council members; said council members
shall be citizens of the
(Ref. Neb. Rev. Stat. §17-103)
SECTION 1-103: ELECTION OF CITY OFFICIALS
The term of office of the mayor and City Council is four years. The members elected in the general election in 1997 shall continue to hold their office until December, 2002. Those members elected in 1999 shall continue to hold their office until December, 2004. Thereafter, two council members terms shall expire every two years. The election of the council members shall be held on the date of the statewide general election.
SECTION 1-104: MAYOR; DUTIES AND POWERS
The mayor of the City shall have the general and immediate control over all property and officials of the City. He/she shall preside at all meetings of the City Council, and may vote when his/her vote shall be decisive on any pending matter, legislation or transaction and the mayor shall, for the purpose of such vote, be deemed to be a member of the Council. His/her signature must appear on the city clerk's minutes of all meetings, he/she must sign all resolutions which have been passed, and warrants for the payment of money when ordered by the City Council; provided, any ordinance vetoed by the mayor may be passed over his/her veto by a two-thirds vote by the members of the City Council, but if the mayor neglects or refuses to sign any ordinance, and returns it to the Council with his/her objections in writing at the next regular council meeting, the same shall become a law without his/her signature. He/she shall from time to time communicate to the council such information and recommendations as, in his/her opinion, may improve the City.
He/she may require at reasonable intervals any city official to exhibit his/her accounts and make reports to the Council on any subject pertaining to his/her office. He/she may remove at any time an appointed police officer of the City. His/her territorial authority shall extend over all places within five miles of the corporate limits of the City for the enforcement of any health ordinance, and one mile in all matters vested in him/her except taxation. He/she shall also have such other duties as the City Council may by resolution confer upon him/her.
Any candidate for mayor must be a registered voter and resident of the City prior to filing for the said office.
(Ref. Neb. Rev. Stat. §17-107, 17-110 through 17-117)
SECTION 1-105: MAYOR; VACANCY
Whenever a vacancy occurs in the office of mayor, or in case of his/her disability or absence, the president of the Council shall exercise the office of mayor until such vacancy is filled or such disability is removed, or in the case of temporary absence, until the mayor returns.
When the successful candidate for mayor shall be prevented from assuming office, the incumbent mayor shall not be entitled to hold over the term but such office shall automatically become vacant and the president of the Council shall exercise the office of mayor until such vacancy is filled.
If the president of the Council shall for any cause assume the office of mayor for the remainder of the unexpired term, there shall be a vacancy on the Council which shall be filled as provided herein.
(Ref. Neb. Rev. Stat. §17-107)
SECTION 1-106: PRESIDENT OF COUNCIL; ACTING PRESIDENT
In case of any vacancy in the office of mayor, or in case of his/her disability or absence, the president of the Council shall exercise the office of mayor until such vacancy is filled or such disability is removed, or in case of temporary absence, until the mayor returns. In the absence of the president, the Council shall elect one of its own body to occupy his/her place temporarily, who shall be styled "acting president of the Council." The president and acting president, when occupying the place of the mayor, shall have the same privileges as other members of the Council; and all acts of the president or acting president, while so acting, shall be as binding upon the Council and upon the City as if done by the mayor.
(Ref. Neb. Rev. Stat. §17-148)
SECTION 1-107: SUCCESSION OF CONTROL
In order to designate the succession of control of the City and to declare and control a disaster or emergency when the mayor is not present or is unable to act as the principal executive officer of the City, then the following is the procedure used to determine who is next in line to fulfill those duties and responsibilities:
If the mayor is not present or is incapable of performing his/her duties in order to declare a disaster or emergency and/or act as principal executive officer in a disaster or emergency situation, then the president of the City Council shall perform those functions and duties. Should the president of the Council not be present or is unable to perform those functions and duties, then the next most senior elected official shall perform those duties and functions. The line of succession for the remaining elected officials shall follow by seniority from the date originally elected. If more than one council member has the same date of seniority, then the most senior in age shall assume control.
SECTION 1-108: VACANCIES IN CITY OFFICES
Vacancies shall be filled by the Council for the balance of the unexpired term. In the event of vacancies on the Council, the Council shall give public notice of the vacancy by causing to be published in a newspaper of general circulation within the City, or posting in three public places in the City, notice of the office vacated and the length of the unexpired term. Within two weeks after the regular meeting at which such notice of vacancy has been presented, or after the death of the incumbent, the mayor shall call a special meeting of the Council, at which time he/she shall submit the name of a qualified elector to fill the vacancy for the balance of the unexpired term. The council members shall vote upon such nominee, and if a majority of the Council votes in favor of such nominee, the vacancy shall be declared filled. If a majority fails to confirm such appointment, the nomination shall be rejected and the mayor shall, at the next regular meeting, submit the name of another qualified elector to fill the vacancy.
If the vote on the nominee at such meeting fails to carry by a majority vote, the mayor shall continue at such meeting to submit the names of qualified electors of the City in nomination and the Council shall continue to vote until the vacancy is filled. The mayor shall vote for or against the nominee in case of a tie vote of the Council. All council members present shall cast a ballot for or against the nominee.
(Ref. Neb. Rev. Stat. §17-212, 32-568, 32-569)
All resignations of the mayor and Council members
shall be in writing and submitted to the City Council for acceptance.
Resignations shall not be effective until accepted by formal action
of the City Council. No
resignations shall be accepted unless a quorum for conducting business will
remain after such acceptance of such resignation.
SECTION 1-110: CITY COUNCIL; POWERS
The Council shall have all powers granted under the laws of the State of Nebraska, including but not limited to the following: power to pass ordinances to prevent and remove nuisances; to prevent, restrain and suppress gambling and disorderly houses; to license and regulate amusements; to establish and provide for police protection; to prevent the spread of contagious diseases; to regulate business; to erect, repair, construct and regulate public ways and property; to maintain good government, public welfare and domestic tranquillity; and to enforce all ordinances by inflicting penalties upon inhabitants or other persons for violation thereof not exceeding the amount permitted by Nebraska law for each offense, recoverable with costs, together with enforcement by injunction where necessary.
SECTION 1-111: OFFICERS' SALARIES
All elected officers shall receive such compensation as the Council shall fix by ordinance. The emoluments of appointive and elective officers of this city shall be neither increased nor decreased during the term for which elected or appointed, except by merger of offices or when there are other officers elected or appointed to the Council and the terms of one or more members commence and end at different times; the compensation of all members of such Council may be increased or diminished at the beginning of the full term of any member thereof. The officers' salaries shall be set by ordinance of the City Council and will be available for public inspection at the office of the city clerk.
Salaries of elected and appointed officials of the City are hereby fixed as follows:
Mayor - $1,000 per year, payable quarterly;
Councilmember - $600 per year, payable quarterly
No person who shall have resigned or vacated any office shall be eligible to the same during the time for which he/she was elected or appointed, if during the same time the emoluments thereof have been increased. In addition to the salaries herein provided, the various officers shall be entitled to mileage and expenses, if and when claims therefor are filed, audited and allowed. The mayor and Council may by resolution authorize clerical assistance in one or more offices when the same may be needed, and claims therefor out of the proper funds may be presented, allowed, audited and paid. All fees earned by an officer of this city in the performance of his/her duties as such shall be considered the property of this city, and shall be promptly paid over to the city treasurer and by him/her credited to the appropriate fund.
(Ref. Neb. Rev. Stat. §17-108, 17-108.02, 17-612)
(Amended
SECTION 1-112: COMPENSATION; CONFLICT OF INTEREST
For purposes of this section, "officer" shall mean
any member of any board or commission of the City; or any appointed official
if such official (a) serves on a board or commission which spends and
administers its own funds and (b) is dealing with a contract made by such
board or commission; or any elected city official.
Unless specified otherwise, volunteer firefighters and ambulance drivers shall not be considered officers for purposes of this section, with respect to their duties as firefighters and ambulance drivers.
No officer of the City shall
be permitted to benefit from any contract to which the City is a party.
The existence of such an interest in any contract renders the
contract voidable by decree of a court of competent jurisdiction as to any
person who entered into the contract or took assignment thereof with actual
knowledge of the prohibited conflict.
An action to have a contract declared void under this section may be
brought by the City or by any resident thereof and must be brought within
one year after the contract is signed or assigned.
Any such decree may provide for the reimbursement of any person for
the reasonable value of all money, goods, material, labor or services
furnished under the contract, to the extent that the City has benefited
thereby. The prohibition in this
section shall apply only when the officer or his or her parent, spouse, or
child:
1. has a business with which the individual is associated or business association which shall mean a business:
A. in which the individual is a partner, director or officer; or
B. in which the individual or a member of the individual's immediate family is a stockholder of a closed corporation stock worth $1,000.00 or more at fair market value or which represents more than 5% equity interest, or is a stockholder of publicly traded stock worth $10,000.00 or more at fair market value or which represents more than 10% equity interest; or
2. will receive a direct pecuniary fee or commission as a result of the contract;
Provided however, if such
officer is (a) an employee of the business involved in the contract and (b)
has no ownership interest or will not receive pecuniary fee, such officer
shall not be deemed to have an interest within the meaning of this section.
The provisions of this section shall not apply if the interested officer:
A. Makes a declaration on the record to the governmental body responsible for approving the contract regarding the nature and extent of his/her interest, prior to official consideration of the contract;
B. Does not vote on the matter of granting the contract, except that if the number of members of the Council declaring an interest in the contract would prevent the Council, with all members present, from securing a quorum on the issue, then all members may vote on the matter; and
C. Does not act for the City as to inspection or performance under the contract in which he/she has an interest.
The receiving of deposits, cashing of checks, and buying and selling of warrants and bonds of indebtedness of any City by a financial institution shall not be considered a contract under the provisions of this section. The ownership of less than 5% of the outstanding shares of a corporation shall not constitute an interest within the meaning of this section. Notwithstanding the provisions of Subsection A through C above, if an officer's parent, spouse of child is an employee of the City, the officer may vote on all issues of the contract which are generally applicable to all employees or all employees within a classification and do not single out his/her parent, spouse or child for special action. If an officer has the power to employ personnel and he/she hires his/her parent, spouse or child, such officer shall disclose the hiring pursuant to subsections 1 through 5 below, except that if the parent, spouse or child is already employed in the position at the time the officer takes office and such position does not change, no disclosure need be made. Notwithstanding any other provision of this section, any contract entered into with an interested officer shall be subject to applicable competitive bidding requirements and shall be fair and reasonable to the City.
The city clerk shall maintain, separately from other records, a ledger containing the information listed in subsection 1 through 5 of this section about every contract entered into by the City in which an officer has an interest as specified above for which disclosure is made as provided in subsection A through C above. Such information shall be kept in the ledger for five years from the date of the officer's last day in office and shall include the:
1. Names of the contracting parties;
2. Nature of the interest of the officer in question;
3. Date that the contract was approved by the City involved;
4. Amount of the contract; and
5. Basic terms of the contract.
The information supplied relative to the contract shall be provided to the clerk not later than ten days after the contract has been signed by both parties. The ledger kept by the clerk shall be available for public inspection during the normal working hours of the office in which it is kept.
An open account established for the benefit of any city or entity thereof, with a business in which an officer has an interest, shall be deemed a contract subject to the provisions of this section. The statement required to be filed pursuant to this section shall be filed within ten days after such account is opened. Thereafter, the clerk shall maintain a running account of all amounts purchased on the open account. Purchases made from petty cash or a petty cash fund shall not be subject to the provisions of this section.
Any officer who knowingly violates the provisions of this section shall be guilty of a Class III misdemeanor. Any officer who negligently violates this section shall be guilty of a Class V misdemeanor.
The City may enact ordinances exempting from the provisions of this section contracts involving $100.00 or less in which an officer of such city may have an interest.
No officer, including volunteer firefighters and ambulance drivers, shall receive any pay or perquisites from the City other than his/her salary. The City Council shall not pay or appropriate any money or other valuable thing to pay a person who is not an officer for the performance of any act, service or duty, which shall come within the proper scope of the duties of any officer of the City.
(Ref. Neb. Rev. Stat. §17-611, 18-305 through 18-312, 49-14,103.01 through 49-14,103.03, 70-624.04)
SECTION 1-113: ELECTED OFFICIALS; QUALIFICATIONS; RESTRICTIONS
ON OTHER EMPLOYMENT OR ELECTIVE OFFICE
Elected officials shall be residents and registered voters of the City.
A. The mayor and members of the Council shall hold no other elective or appointive office or employment with the City.
B. For purposes of this section, (1) “elective office” means any office which has candidates nominated or elected at the time of a statewide primary election; any office which has candidates nominated at the time of a statewide primary election and elected at the time of a statewide general election; any office which has candidates elected at the time of a statewide general election; any office which has candidates nominated or elected at a city election; and any office created by an act of the Legislature which has candidates elected at an election and includes an office which is filled at an election held in conjunction with the annual meeting of a public body created by an act of the Legislature; and (2) “high elective office” means a member of the Legislature, an elective office described in Article IV, Sections 1 or 20, or Article VII, Sections 3 or 10, of the Constitution of Nebraska, or a county, city or school district elective office.
C. No candidate for member of the Legislature or an elective office described in Article IV, Sections 1 or 20, or Article VII, Sections 3 or 10, of the Constitution of Nebraska shall be eligible to file as a candidate, to petition on the ballot as a candidate, to accept nomination by a political party or by party convention, caucus or committee to file a vacancy or to be declared a write-in candidate for more than one elective office to be filled at the same election, except for the position of delegate to a county, state or national party convention. No candidate for any other high elective office shall be eligible to file as a candidate, to petition on the ballot as a candidate, to accept a nomination by a political party or by party convention, caucus or committee to fill a vacancy or to be declared write-in candidate for more than one elective office to be filled at the same election.
D. Except as provided in subsection E or G of this section, no person shall be precluded from being elected or appointed to or holding an elected office for the reason that he/she has been elected or appointed to or holds another elected office.
E. No person serving as a member of the Legislature or in an elective office described in Article IV, Sections 1 or 20 or Article VII, Sections 3 or 10, of the Constitution of Nebraska shall simultaneously serve in another elective office which is filled at an election held in conjunction with the annual meeting of a public body.
F. Whenever an incumbent serving as a member of the Legislature or in an elective office described in Article IV, Sections 1 or 20 or Article VII, Sections 3 or 10 of the Constitution of Nebraska assumes another elective office, except an elective office filled at an election held in conjunction with the annual meeting of a public body, the office first held by the incumbent shall be deemed vacant.
G. No person serving in a high elective office shall simultaneously serve in any other high elective office.
H. Notwithstanding subsections E through G of this section, any person holding more than one high elective office on September 13, 1997, shall be entitled to continue to serve the remainder of all terms for which he/she was elected or appointed.
(Ref. Neb. Rev. Stat. §17-108.02, 32-109, 32-603,
32-604)
ARTICLE II - APPOINTIVE OFFICERS
SECTION 1-201: APPOINTIVE OFFICERS
The mayor, at the first regular meeting of the City Council held after he/she takes office or as soon after as he/she can reasonable do so, may appoint, with the advice and consent of the Council, a city clerk, city treasurer, city attorney, city police chief, city fire chief, sewer commissioner, public works commissioner and street superintendent. He/she shall also appoint whatever other officials of the City which he/she deems necessary.
(Ref. Neb. Rev. Stat. §17-107, 17-541)
SECTION 1-202: MERGER OF OFFICES
The City Council may, in its discretion, by ordinance combine and merge any elective or appointive office or employment, except the mayor or a city council-member, with any other elective or appointive office so that one or more of such offices may be held by the officer or employee at the same time. Any offices so merged and combined shall always be construed to be separate, and the effect of the combination or merger shall be limited to a consolidation of official duties only. The salary of the officer holding the merged offices shall not be in excess of the maximum amount provided by law for the salary of the offices so combined. For purposes of this section, volunteer firefighters and ambulance drivers shall not be considered officers.
SECTION 1-203: CLERK-TREASURER POSITION CREATED
The appointive offices of city clerk and city treasurer are hereby combined and merged, in accordance with the authority granted to the City Council by Section 1-202. The office so merged and combined shall always be construed to be separate, and the effect of the combination or merger shall be limited to a consolidation of official duties only.
SECTION 1-204: CITY CLERK; DUTIES
The city clerk shall have custody of all laws and ordinances. He/she shall keep a current journal of the proceedings of the City Council. He/she shall also maintain a complete record of all outstanding bonds against the City, showing the number and amount of each, for and to whom the said bonds were issued and all other pertinent information in regard to said bonds. He/she shall take possession of all books, papers and all other official records of the City, and shall maintain said records in a safe place for the City. He/she shall have custody of the seal of the City and all written official papers of the City. The city clerk shall attend the meetings of the City Council and keep a minute record of the proceedings thereof.
The city clerk shall maintain an account of all of the appropriations of the several funds of the City. He/she shall draw, sign and attest all warrants ordered for the payment of money on a particular fund from which the same is payable, and at the end of each month make a report of the amount appropriated to each fund and the amount of warrants drawn thereon.
The city clerk shall further attest to the mayor's signature to be attested and shall attach the city seal to all official documents. Whenever any claim presented by any person has been disallowed by the City Council, the city clerk shall notify said claimant of said disallowance by the Council within five days after such disallowance.
The city clerk shall account for all money received by him/her in the normal course of city business and shall keep a proper record of all monies received by him/her, issuing a proper receipt to those parties making payment to him/her to the account of the City.
The city clerk shall publish all notices required in the performance of his/her duties and shall keep a record of all published notices issued by him/her, and shall keep a record of the publisher's affidavit of said publication if said notices are published in a legal newspaper.
He/she shall maintain all books and public records of the City for public inspection for any resident of the City during normal business hours. He/she shall make a notation on all correspondence received by him/her of the date of its receipt, and shall, as soon as possible, convey said correspondence to the appropriate official of the City. The city clerk shall keep and maintain all other legal papers required to be maintained by him/her by these ordinances or by Nebraska state law, and shall maintain a proper minute book wherein shall be recorded all of the formal and informal actions of the mayor and City Council, and shall maintain an ordinance record which shall record the various ordinances and resolutions passed by the City Council.
The duties of the city clerk will be those set forth herein and as set forth specifically in the job description separately adopted by the mayor and City Council.
(Ref. Neb. Rev. Stat. §17-605, 19-1102, 19-1104, 84-1201 through 84-1220, 84-712)
SECTION 1-205: CITY TREASURER; DUTIES
The city treasurer shall be custodian of all monies belonging to the City; he/she shall deposit public funds which have come into his/her hands in such depository bank or banks or in other eligible financial institutions for depository purposes as designated by the mayor and City Council.
He/she shall keep a separate account of each and every fund or appropriation and the debits and credits belonging to the City; he/she shall provide a receipt for anyone paying money into the city treasury if such person requests a receipt, specifying the date of payment and on what account paid, and also file copies of said receipts with his/her monthly reports made to the mayor and City Council; he/she shall, at the end of each month and as often as may be required, render a report to the mayor and City Council showing, under oath, the condition of the various accounts of the treasury at the time of such reports and the balance of money in the treasury; he/she shall accompany such accounts with a statement of all receipts and disbursements, together with all warrants paid by him/her, which warrants with any and all vouchers held by him/her shall be filed with his/her accounts in the city clerk's office. He/she shall keep a record, in a book suitable for that purpose, of each and every warrant paid and from what fund paid.
He/she shall also procure and keep a warrant register which shall show in columns arranged for that purpose the number, date and amount of each warrant presented and registered, as hereinafter provided, the particular fund upon which the same is drawn, the date of presentation, the name and address of the person in whose name the same is registered, the date of payment, the amount of interest, and the total amount paid thereon, with the date when the notice to such person in whose name such warrant is registered is mailed as hereinafter provided. It shall be the duty of the city treasurer, upon presentation of any warrant for payment, in the presence of such person to enter such warrant in the warrant register for payment in the order of its presentation and, upon every warrant as presented and registered, he/she shall endorse, Registered for Payment with the date of such registration and register number; and he/she shall sign such endorsement, whereupon such warrant shall draw interest at the legal rate from the date of registration until notice of payment shall be given to the holder as provided by law.
If the city treasurer neglects or fails, for a period of ten days from the end of each and every month, to render his/her account, his/her office shall be declared vacant pursuant to Section 17-606, R.R.S. Neb. 1943, and the mayor and City Council shall fill the vacancy by appointment until the next election of city officials.
The city treasurer is also required to publish or cause to be published in a legal weekly newspaper published in or of general circulation in said city within 60 days following the end of each fiscal year a report of the activities of his/her office, which said report shall show in detail all receipts, disbursements, warrants outstanding, and the debit or credit balance of the City.
The duties of the city treasurer will be those set forth herein and as set forth specifically in the job description separately adopted by the mayor and City Council.
The city treasurer may appoint deputies for whose acts the city treasurer shall be responsible. The appointment shall be in writing and shall be revocable in writing by the principal. The said deputy shall have only the authority over the funds so specified in the appointment. Both the appointment and the revocation shall be filed and kept by the principal and the city clerk.
(Ref. Neb. Rev. Stat. §17-606 through 17-609, 84-712)
SECTION 1-206: CITY TREASURER; MONTHLY REPORT
He/she shall, at the end of each month and as often as may be required, render a report to the mayor and City Council showing, under oath, the condition of the various accounts of the treasury at the time of such reports and the balance of money in the treasury; he/she shall accompany such accounts with a statement of all receipts and disbursements, together with all warrants paid by him/her, which warrants with any and all vouchers held by him/her shall be filed with his/her accounts in the city clerk's office. He/she shall keep a record, in a book suitable for that purpose, of each and every warrant paid and from what fund paid. He/she shall also produce depository evidence that all city money is in a solvent and going bank in the name of the City. If the city treasurer neglects or fails, for a period of ten days from the end of each and every month, to render his/her account, the City Council shall by resolution declare the office vacant, and the mayor and City Council shall fill the vacancy by appointment.
(Ref. Neb. Rev. Stat. §17-606)
SECTION 1-207: CITY TREASURER; ANNUAL REPORT
The city treasurer is also required to publish or cause to be published in a legal weekly newspaper published in or of general circulation in said city within 60 days following the end of each fiscal year a report of the activities of his/her office, which said report shall show in detail all receipts, disbursements, warrants outstanding, and the debit or credit balance of the City. The Treasurer shall also report to the City Council the financial status of the city on a semi-annual basis.
(Ref. Neb. Rev. Stat. §19-1101)
SECTION 1-208: CITY ATTORNEY; DUTIES
The city attorney when appointed shall be legal advisor to the mayor and the City Council and shall undertake all legal matters of the City as set forth by Nebraska Statutes. He/she shall commence, prosecute and defend all suits and actions necessary to be commenced, prosecuted or defended on behalf of the City, or that may be ordered by the Council. When requested, he/she shall attend meetings of the Council and give them his/her opinion upon any matters submitted to him/her either orally or in writing as may be required. He/she shall draft or review for legal correctness ordinances, contracts, franchises and other instruments as may be required, and he/she shall perform such other duties as may be imposed upon him/her by general law or ordinance. The City Council shall have the right to pay the city attorney compensation for legal services performed by him/her for it on such terms as the City Council and attorney may agree, and to employ additional legal assistance and to pay for such legal assistance out of the funds of the City.
(Ref. Neb. Rev. Stat. §17-610)
SECTION 1-209: CITY POLICE CHIEF; DUTIES
It shall be the duty of the city police chief, and he/she is hereby authorized and empowered, to diligently inquire into any and all violations of the city ordinances and state statute. In the event that he/she determines that a violation of city ordinance or state statute has occurred he/she shall issue a written complaint and cause the arrest of such person violating the ordinance or state law.
The city police chief shall have general control over motor vehicular traffic, and said police chief, together with such special officers detailed to assist him/her as traffic officers by the mayor and City Council, shall direct the movement of traffic at intersections and elsewhere; and it shall be unlawful for any person to violate any order or signal of the city police or of any special traffic officer.
The city police chief shall bring all prisoners who are under arrest for the violation of any city ordinances or state laws before the County Court whenever required to do so by rule or order of the county judge, and he/she shall make or cause to be made the necessary written complaint against such person or persons when arrested.
He/she shall perform such other duties as may be required of him/her by resolution or by order of the mayor and City Council.
The duties of the city police chief will be those set forth herein and as set forth specifically in the job description separately adopted by the mayor and City Council.
(Ref. Neb. Rev. Stat. §17-107, 17-121)
SECTION 1-210: SEWER COMMISSIONER
The City Council shall have the power to appoint a sewer commissioner to maintain immediate control and supervision over all employees and property that make up the city sewer system, subject to the general control and direction of the Council. He/she shall, when requested, make a detailed report to the City Council on the condition of the sewer system and direct its attention to such improvements, repairs, extensions, additions and additional employees as he/she may believe are needed, along with estimates of the costs thereof. He/she shall issue permits for all connections to the city water system and inspect and supervise all repairs made to said system. He/she shall have such other duties as the City Council may designate.
(Ref. Neb. Rev. Stat. §17-107)
SECTION 1-211: PUBLIC WORKS COMMISSIONER
There is hereby created the office of public works commissioner in and for the City. The mayor shall nominate and by and with the advice and consent of the City Council shall appoint some competent person as public works commissioner. The public works commissioner shall be liable upon his/her official bond for the faithful performance of his/her duties. It shall be the duty of the public works commissioner to have the general management and control of the waterworks of the City. The salary of the public works commissioner shall be fixed and determined annually at the beginning of the fiscal year by the City Council. The City Council shall employ such laborers as deemed necessary upon the written recommendation of the public works commissioner.
The public works commissioner shall not purchase any material or supplies for the use of the department nor employ any help in the department except upon the authority of the City Council, unless it be for repairs in cases of emergency. The public works commissioner shall perform such additional duties as may be prescribed by the City Council.
The public works commissioner shall have the general control and supervisory authority over all the city utilities. When requested, he/she shall make a detailed report to the Council of the condition of said water and sewer system, all mains, pipes, hydrants, reservoirs, and machinery and such improvements, repairs and extensions thereof.
The duties of the public works commissioner will be those set forth herein and as set forth specifically in the job description separately adopted by the mayor and City Council. He/she may be removed for good cause by a two-thirds vote of the City Council.
(Ref. Neb. Rev. Stat. §17-107, 17-541, 17-543)
SECTION 1-212: STREET SUPERINTENDENT
The Council shall have the power to appoint a city street superintendent who shall have general charge, direction and control of all work on the streets, sidewalks, culverts and bridges of the City, and shall perform such other duties as the Council may require. It shall be his/her responsibility to see that gutters and drains therein function properly and that the same are kept in good repair. He/she shall, at the request of the Council, make detailed reports on the condition of the streets, sidewalks, culverts, alleys and bridges of the City, and direct their attention to such improvements, repairs, extensions, additions and additional employees as he/she may believe or need to maintain a satisfactory street system in the City, along with an estimate of the cost thereof. It shall be the special duty of the street superintendent to supervise and direct the snow and tree removal work in the City.
The duties of the street superintendent will be those set forth herein and as set forth specifically in the job description separately adopted by the mayor and City Council.
(Ref. Neb. Rev. Stat. §17-107, 17-119)
SECTION 1-213: SPECIAL ENGINEER
The City Council may employ a special engineer to make or assist the city engineer in making any particular estimate, survey or other work. The special engineer shall make a record of the minutes of his/her surveys and all other work done for the City. He/she shall, when directed by the City Council, accurately make all plats, sections, profiles and maps as may be necessary in the judgment of the City Council. He/she shall, upon request of the City Council, make estimates of the costs of labor and material which may be done or furnished by contract with the City, and make all surveys, estimates and calculations necessary for the establishment of grades, bridges, building of culverts, sewers, electric systems, waterworks, power plants, public heating system, curbing and gutters, and the improvement of streets and erection and repair of buildings, and shall perform such other duties as the City Council may require. All records of the special engineer shall be public records which shall belong to the City and shall be turned over to his/her successor.
(Ref. Neb. Rev. Stat. §17-405, 17-568, 17-568.01, 17-919)
ARTICLE III - ADMINISTRATION
SECTION 1-301: CORPORATE SEAL
There shall be owned by the
City, in the office of the city clerk, a common seal of the corporation,
having engraved thereon the words "
The city clerk shall affix an impression of said seal on all papers or documents executed by him/her in his/her official capacity.
(Ref. Neb. Rev. Stat. §17-502)
SECTION 1-302: OFFICERS, BONDS
The officers of the City, before entering upon their duties, shall give bonds for the faithful performances of their duties in an amount set by resolution of the City Council, which said bonds shall be executed with a corporate surety and approved by the City Council. Said bonds shall be filed in the office of the city clerk. Premiums on said bonds shall be paid out of the general funds or other proper funds of said city.
In the event that sureties on the official bond of any officer of the City, in the opinion of the City Council, become insufficient, the Council may require by resolution a reasonable time within which such officer may give a new bond or additional sureties thereon as directed. In the event that this officer shall fail, refuse or neglect to give a new bond or additional sureties to the satisfaction and approval of the Council, then the office shall by such failure, refuse or neglect, become vacant and it shall be the duty of the City Council to appoint a competent and qualified person to fill this said office. Any official who is re-elected to office shall be required to file a new bond after each election.
SECTION 1-303: OATH OF OFFICE
All officers of the City, whether elected or appointed, shall before entering upon the duties of their respective offices declare and subscribe the following oath or affirmation: "I, _________________________, do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Nebraska, against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely and without mental reservation or for the purpose of evasion; and that I will faithfully and impartially perform the duties of the office of ________________________ according to law and to the best of my ability. And I do further swear that I do not advocate, nor am I a member of any political party or organization that advocates the overthrow of the government of the United States or of this state by force or violence; and that during such time as I am in this position I will not advocate nor become a member of any political party or organization that advocates the overthrow of the government of the United States or of this state by force or violence. So help me God." This oath or affirmation so subscribed shall be filed in the office of the city clerk.
(Ref. Neb. Rev. Stat. §11-101)
SECTION 1-304: MEETINGS; PUBLIC; QUORUM
All public meetings as defined by law shall be held in a public building which shall be open to attendance by the public. All meetings shall be held in the public building in which the City Council usually holds such meetings, unless the publicized notice hereinafter required shall designate some other public building or other specified place. The advance publicized notice of all public convened meetings shall be simultaneously transmitted to all members of the City Council and to the public by a method designated by the City Council or by the mayor if the City Council has not designated a method. Such notice shall contain the time and specific place for each meeting and either an enumeration of the agenda subjects known at the time of notice or a statement that such an agenda kept continually current shall be available for public inspection at the office of the city clerk. The City Council shall have the right to modify the agenda at the public meeting when convened. The minutes of the city clerk shall include the records of the manner and advance time by which the advance publicized notice was given, a statement of how the availability of an agenda of the then known subjects was communicated, the time and specific place of the meetings, and the names of each member of the City Council present or absent at each convened meeting. The minutes of the City Council shall be a public record open to inspection by the public upon request at any reasonable time at the office of the city clerk. Any official action on any question or motion duly moved and seconded shall be taken only by roll call vote of the City Council in open session. The record of the city clerk shall show how each member voted, or that the member was absent and did not vote. A quorum shall be declared if a majority of the members of the City Council are present.
Formal actions taken at any public meeting not in conformity with the provisions of this section shall be deemed to be void. Any official who shall violate the provisions of this section shall be deemed to be guilty of a misdemeanor. Nothing herein shall be construed to apply to any preliminary interview or recruitment of prospective officials or employees.
(Ref. Neb. Rev. Stat. §84-1408, 84-1409, 84-1411, 84-1413)
SECTION 1-305: SPECIAL MEETINGS
Special meetings may be called by the mayor or by three members of the City Council, the object of which shall be submitted to the Council in writing. The call and object, as well as the disposition thereof, shall be entered upon the journal by the city clerk. On filing the call for a special meeting, the city clerk shall notify the councilmembers of the special meeting, stating the time and its purpose. Notice of a special meeting need not be given to a councilmember known to be out of the state or physically unable to be present. A majority of the members of the City Council shall constitute a quorum for the transaction of business, but a smaller number may adjourn from day to day and compel the attendance of the absent members. Whether a quorum is present or not, all absent members shall be sent for and compelled to attend.
At the hour appointed for the meeting, the city clerk shall proceed to call the roll of members and announce whether a quorum is present. If a quorum is present, the Council shall be called to order by the mayor, if present, or if absent, by the president of the Council. In the absence of both the mayor and the president of the Council, the city councilmembers shall elect a president pro tempore. All ordinances passed at any special meeting shall comply with procedures set forth in Chapter I, Article IV.
(Ref. Neb. Rev. Stat. §17-106)
SECTION 1-306: MEETINGS; CLOSED SESSIONS
1. Any public body may hold a closed session by the affirmative vote of a majority of its voting members if a closed session is clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual and if such individual has not requested a public meeting. Closed session may be held for, but shall not be limited to, such reasons as:
A. Strategy sessions with respect to collective bargaining, real estate purchases, pending litigation or litigation which is imminent as evidenced by communication of a claim or threat of litigation to or by the public body;
B. Discussion regarding deployment of security personnel or devices;
C. Investigative proceedings regarding allegations of criminal misconduct; or
D. Evaluation of the job performance of a person when necessary to prevent needless injury to the reputation of a person and if such person has not requested a public meeting.
Nothing in this section shall permit a closed meeting for discussion of the appointment or election of a new member to any public body.
2. The vote to hold a closed session shall be taken in open session. The vote of each member on the question of holding a closed session, the reason for the closed session and the time when the closed session commenced and concluded shall be recorded in the minutes. The public body holding such a closed session shall restrict its consideration to matters during the closed portion to only those purposes set forth in the minutes as the reason for the closed session. The meeting shall be reconvened in open session before any formal action may be taken. For purposes of this section, formal action shall mean a collective decision or a collective commitment or promise to make a decision on any questions, motion, proposal, resolution, order or ordinance or formation of a position or policy but shall not include negotiating guidance given by members of the public body to legal counsel or other negotiators in closed sessions authorized under subdivision (1) of this section.
3. Any member of the public body shall have the right to challenge the continuation of a closed session if the member determines that the session has exceeded the reason stated in the original motion to hold a closed session or if the member contends that the closed session is neither clearly necessary for (A) the protection of the public interest or (B) the prevention of needless injury to the reputation of an individual. Such challenge shall be overruled only by a majority vote of the members of the public body. Such challenge and its disposition shall be recorded in the minutes.
4. Nothing in this section shall be construed to require that any meeting be closed to the public. No person or public body shall fail to invite a portion of its members to a meeting and no public body shall designate itself a subcommittee of the whole body for the purpose of circumventing the provisions of this section. No closed session, informal meeting, chance meeting, social gathering or electronic communication shall be used for the purpose of circumventing the provisions of this section.
5. The provisions of this section shall not apply to chance meetings, or to attendance at or travel to conventions or workshops of members of a public body at which there is no meeting of the body then intentionally convened and there is no vote or other action taken regarding any matter over which the public body has supervision, control, jurisdiction or advisory power.
(Ref. Neb. Rev. Stat. §84-1410)
SECTION 1-307: MEETINGS; NOTICE TO NEWS MEDIA
The city clerk, secretary or designee of each public body shall maintain a list of the news media requesting notification of meetings and shall make reasonable efforts to provide advance notification to them of the time and place of each meeting and the subjects to be discussed at that meeting.
(Ref. Neb. Rev. Stat. §84-1411)
SECTION 1-308: MEETINGS; PUBLIC PARTICIPATION
Subject to the provisions of this article, the public shall have the right to attend and the right to speak at meetings of public bodies and all or any part of a meeting of a public body, except for closed meetings called pursuant to Section 1-305, may be videotaped, televised, photographed, broadcast or recorded by any person in attendance by means of a tape recorded, camera, video equipment or any other means of pictorial or sonic reproduction or in writing.
It shall not be a violation
of this section for any public body to make and enforce reasonable rules and
regulations regarding the conduct of persons attending, speaking at,
videotaping, televising,
photographing, broadcasting or recording its meetings.
A body may not be
required to allow citizens to speak at each meeting, but it may not forbid
public participation at all meetings.
No public body shall require members of the public to identify
themselves as a condition for admission to the meeting.
The body may require any member of the public desiring to address the
body to identify himself/herself.
No public body shall for the purpose of circumventing the provisions
of this article hold a meeting in place known by the body to be too small to
accommodate the anticipated audience.
No public body shall be deemed in violation
of this section if it holds its meetings in its traditional meeting
place which is located in this state.
An agency which contracts with cities outside the State of
(Ref. Neb. Rev. Stat. §84-1412, 18-2438)
SECTION 1-309: MEETINGS; CITY COUNCIL
The meetings of the City
Council shall be held at the council chambers or other location set by the
Council by resolution. Regular
meetings shall be held on the first and third Tuesdays of each month at the
hour of
A majority of the members of the City Council shall constitute a quorum for the transaction of business, but a smaller number may adjourn from day to day and compel the attendance of the absent members. At the hour appointed for the meeting, the city clerk shall proceed to call the roll of members and announce whether a quorum is present. If a quorum is present the City Council shall be called to order by the mayor. In the absence of the mayor, the council president shall preside and conduct the meeting. In the absence of the mayor and council president, the remaining council members may appoint one of themselves to conduct the meeting. In this event, the member appointed will have all the power and authority of the mayor for purposes of conducting the meeting and executing legal documents authorized and approved at such meeting.
(Ref. Neb. Rev. Stat. §17-105, 17-106)
SECTION 1-310: MEETINGS; ORDER OF BUSINESS
All meetings of the City Council shall be open to the public. Promptly at the hour set by law on the day of each regular meeting, the members of the City Council, the city clerk, the mayor, and such other city officials that may be required shall take their regular stations in the city hall, and the business of the City shall be taken up for consideration and disposition in the following order:
Roll Call
Consideration of Petitions and other Communications
Reports of Officers, Boards and Committees
Unfinished Business of the Preceding Meeting
Introduction of Ordinances and Resolutions; First
Second
Third
Final Passage of Ordinances
New Business
Miscellaneous Business
Appropriations and Consideration of Claims
Adjournment
SECTION 1-311: MEETINGS; PARLIAMENTARY PROCEDURE
The mayor shall preserve order during meetings of the City Council and shall decide all questions of order, subject to an appeal to the City Council. When any person is called to order, he shall be seated until the point is decided. When the mayor is putting the questions, no person shall leave the meeting room. Every person present, previous to speaking, shall rise from his/her seat and address himself/herself to the presiding officer, and while speaking shall confine himself/herself to the question. All resolutions or motions shall be reduced to writing before being acted upon, if requested by the city clerk or any member of the Council. Every member of the Council who is present when a question is voted upon shall cast his/her vote, unless excused by a majority of the City Council present. No motion shall be put or debated unless seconded. When seconded, it shall be stated by the mayor before being debatable. In all cases where a motion or resolution is entered on the minutes, the name of the member of the Council making the motion or resolution shall be entered also. After each vote, a roll call vote shall be taken and entered in the minutes upon the request of any member of the Council. Before the vote is actually taken, any resolution, motion or proposed ordinance may be withdrawn from consideration by the sponsor thereof with the consent of the member of the Council seconding the said resolution, motion or ordinance. When any question is under debate, no motion shall be made, entertained or seconded except the previous question, a motion to table, and to adjourn. Each of the said motions shall be decided without debate. Any of the rules of the City Council for meeting may be suspended by a two-thirds vote of the members present. In all cases in which provisions are not made by these rules, Robert's Rules of Order is the authority by which the City Council shall decide all procedural disputes that may arise.
SECTION 1-312: MEETINGS; CHANGE IN OFFICE
The change in office shall be made as follows: The mayor and Council shall meet on the first regular meeting date in December of each year in which a city election is held and the outgoing officers and the outgoing members of the Council shall present their reports, and upon the old Council having completed its business up to the said time, the outgoing members of the Council shall surrender their offices to the incoming members, and the outgoing officers shall thereupon each surrender to his/her successor in office all property, records, papers and monies belonging to the same.
SECTION 1-313: MEETINGS; ORGANIZATIONAL
The newly elected Council shall convene in the council chambers on the first regular meeting in December of each year in which a city election is held immediately after the prior Council adjourns and proceed to organize themselves for the ensuing year. The mayor elected for the new municipal year shall call the meeting to order. The Council shall then proceed to examine the credentials of its members and other elective officers of the City to see that each has been duly and properly elected, and to see that such oaths and bonds have been given as are required. After ascertaining that all members are duly qualified, the Council shall then elect one of its own body who shall be styled as “President of the Council.” The mayor shall then nominate his/her candidates for appointive offices. He/she shall then proceed with the regular order of business. It is hereby made the duty of each and every member of the Council or his/her successor in office, and of each officer elected to any office, to qualify prior to the first regular meeting in December following his/her election. All appointive officers shall qualify within two weeks following their appointments. Qualification for each officer who is not required to give bond shall consist in his/her subscribing and taking an oath to support the Constitution of the United States, the Constitution of the State of Nebraska, the laws of the City and to perform faithfully and impartially the duties of his/her office, said oath to be filed in the office of the city clerk. Each officer who is required to give a bond shall file the required bond in the office of the city clerk with sufficient sureties, conditioned on the faithful discharge of the duties of his/her office, with the oath endorsed thereon.
SECTION 1-314: MEETINGS; VIDEOCONFERENCING, WHEN ALLOWED
A meeting of an organization created under the Interlocal Cooperation Act or the Municipal Cooperative Financing Act or of the governing body of a risk management pool or advisory committee organized in accordance with the Intergovernmental Risk Management Act may be held by means of videoconferencing if:
(a) Reasonable advance publicized notice is given;
(b) Reasonable arrangements are made to accommodate the public's right to attend, hear and speak at the meeting, including seating, recordation by audio or visual recording devices, and a reasonable opportunity for input such as public comment or questions to at least the same extent as would be provided if videoconferencing was not used;
(c) At least one copy of all documents being considered is available to the public at each site of the videoconference;
(d) At least one member of the governing body or advisory committee is present at each site of the videoconference; and
(e) No more than one-half of the governing body's or advisory committee's meetings in a calendar year are held by videoconference.
Videoconferencing shall not be used to circumvent any of the public government purposes established in this article.
For purposes of this section, “videoconferencing” shall mean conducting a meeting involving participants at two or more locations through the use of audio-video equipment which allows participants at each location to hear and see each meeting participant at each other location, including public input. Interaction between meeting participants shall be possible at all meeting locations. (Ref. Neb. Rev. Stat. §84-1409, 84-1411)
SECTION 1-315: APPOINTMENT OF COMMITTEES
At the organizational meeting of the City Council, the mayor may appoint members of such committees as may be necessary from time to time, which committees shall serve at the pleasure of the City Council. The membership of such standing committees may be changed at any time by the mayor. The mayor shall be a member ex officio of each standing committee. The members of the standing committees shall serve a term of office of one year, unless reappointed.
ARTICLE IV - ORDINANCES
SECTION 1-401: GRANT OF POWER
The City Council shall have the responsibility of making all ordinances, by-laws, rules, regulations and resolutions, not inconsistent with the laws of the State of Nebraska, as may be necessary and proper for maintaining the peace, good government and welfare of the City and its trade, commerce and security.
(Ref. Neb. Rev. Stat. §17-505)
SECTION 1-402: INTRODUCTION
Ordinances shall be introduced by members of the City Council in either of the following ways:
1. With the recognition of the mayor, a councilmember may, in the presence and hearing of a majority of the members elected to the Council, read aloud the title of his/her proposed ordinance and file a copy of the same with the city clerk for future consideration; or
2. With the recognition of the mayor, a councilmember may present his/her proposed ordinance to the city clerk, who, in the presence and hearing of a majority of the members elected to the Council, shall read aloud the title of the same and shall file the same for future consideration.
SECTION 1-403: RESOLUTIONS AND MOTIONS
Resolutions and motions shall be introduced in one of the methods prescribed for the introduction of ordinances. After their introduction, they shall be fully and distinctly read one time in the presence and hearing of a majority of the members elected to the Council. The issue raised by said resolutions or motions shall be disposed of in accordance with the usage of parliamentary law adopted for the guidance of the Council. A majority vote shall be required to pass any resolution or motion. The vote on any resolution or motion shall be by roll call vote.
SECTION 1-404: PASSAGE
Ordinances, resolutions or orders for the appropriation of money shall require for their passage the concurrence of the majority of the members elected to the Council. Ordinances of a general or permanent nature shall be fully and distinctly read on three different days.
(Ref. Neb. Rev. Stat. §17-614)
SECTION 1-405: SUSPENSION OF RULES
In the event that three-fourths of the members of the Council present vote to dispense with the rule that ordinances of a general or permanent nature be fully read on three different days, such ordinances may be passed by reading the title one time when introduced, read by title a second time after the rule has been dispensed with, and then put upon final passage.
(Amended
SECTION 1-406: STYLE
The style of all city ordinances shall be:
"Be it ordained by the Mayor and City Council of the City of
(Ref. Neb. Rev. Stat. §17-613)
SECTION 1-407: EFFECTIVE DATE
The city clerk shall, within 15 days after the passage of any ordinances, publish the same in a legal newspaper of general circulation in the City, or post the ordinance in the normal three public places. The ordinance shall then become effective upon publication or posting.
(Ref. Neb. Rev. Stat. §17-613)
SECTION 1-408: TITLE
No ordinance shall contain a subject not clearly expressed in its title.
(Ref. Neb. Rev. Stat. §17-614)
SECTION 1-409: EMERGENCY ORDINANCES
In the case of riot, infectious or contagious diseases, or other impending danger, failure of a public utility, or other emergency requiring its immediate operation, such ordinance shall take effect upon the proclamation of the mayor, and the posting thereof in at least three of the most public places in the City. Such emergency notice shall recite the emergency and be passed by a three-fourths vote of the Council, and entered upon the city clerk's minutes.
(Ref. Neb. Rev. Stat. §17-613, 19-3701)
SECTION 1-410: CERTIFICATE OF PUBLICATION OR POSTING
The passage, approval and publication or posting of all ordinances shall be sufficiently proven by a certificate under the city seal from the city clerk showing that the said ordinance was passed and approved, and when, and in what paper the same was published, or when, and by whom, and where the same was posted.
(Ref. Neb. Rev. Stat. §17-613)
SECTION 1-411: AMENDMENTS AND REVISIONS
No ordinance or section thereof shall be revised or amended unless the new ordinance contains the entire ordinance or section as revised or amended, and the ordinance or section so amended shall be repealed.
(Ref. Neb. Rev. Stat. §17-614)
ARTICLE V - FISCAL MANAGEMENT
SECTION 1-501: FISCAL YEAR
The fiscal year of the City shall commence on October 1 and extend through the following September 30.
(Ref. Neb. Rev. Stat. §17-701)
SECTION 1-502: BUDGET PROCEDURE
The
Manual of Instructions for City/Village: Budgets, prepared by the
Auditor of Public Accounts, State Capitol,
SECTION 1-503: BUDGET STATEMENT; FILING
The City Council shall adopt a budget statement pursuant to the Nebraska Budget Act, to be termed "The Annual Appropriation Bill," in which the Council shall appropriate such sums of money as may be deemed necessary to defray all necessary expenses and liabilities of the City. Such budget statement shall be prepared on forms prescribed and furnished by the Nebraska Auditor of Public Accounts and shall contain that information required by the Manual of Instructions for City/Village: Budgets, prepared by the state auditor.
The annual appropriation bill shall not be amended without a majority vote of the City Council after a public hearing. Notice of the time and place of the hearing shall be published at least five days prior to the date set for hearing in a newspaper of general circulation within the City. The income arising from the operation of proprietary functions shall be deemed especially appropriated to the payment of the current expenses of and to the cost of improvements, extensions and additions to such functions and shall not be included in the annual appropriation bill.
(Ref. Neb. Rev. Stat. §13-504)
SECTION 1-504: BUDGET HEARING
Subsequent to the filing of the proposed budget statement, the City Council shall publish a proposed budget and conduct a public hearing on the proposed budget statement. Notice of the place and time of the said hearing, as well as a copy of the proposed budget, shall be published at least five days prior to the date set for the hearing in a newspaper of general circulation in the City. After such hearing, the statement shall be adopted or amended, and adopted as amended, and a written record shall be made of such hearing. If the adopted budget statement reflects a change from that shown in the published proposed budget statement, a summary of such changes shall be published within 20 days after its adoption.
(Ref. Neb. Rev. Stat. §13-506)
SECTION 1-505: BUDGET FILING
The City Council shall file with and certify to the levying board and file with the Nebraska State Auditor a copy of the adopted budget statement, together with the amount of the tax to be levied and proof of publication. Such filing shall be made on or before September 20th. The City Council shall not certify any tax that exceeds the maximum levy prescribed by state law; provided, in certifying the amount to be so levied, allowance may be made for delinquent taxes not exceeding five percent of the amount to be levied plus the actual percentage of delinquent taxes for the preceding tax year.
(Ref. Neb. Rev. Stat. §13-508)
SECTION 1-506: ANNUAL AUDIT
The City Council shall cause an audit of the city’s accounts to be made by a recognized independent and qualified accountant as expeditiously as possible following the close of the fiscal year for such city and to cover all financial transactions and affairs of the City for such preceding fiscal year. Such audit shall be made on a cash or accrual method at the discretion of the City. Such audit shall be completed and the annual audit report made by such accountant shall be submitted within six months of the close of the fiscal year in any event, unless an extension of time shall be granted by a written resolution of the City Council.
(Ref. Neb. Rev. Stat. §19-2903)
SECTION 1-507: ALL-PURPOSE LEVY
The City Council has determined that the amount of money to be raised by taxation shall be certified to the county clerk in the form of one all-purpose levy instead of certifying a schedule of levies for specific purposes added together. Said all-purpose levy shall not exceed an annual levy in excess of the legal maximum as prescribed by state law upon the assessed valuation of all taxable property in the City, except intangible property.
(Ref. Neb. Rev. Stat. §17-702)
SECTION 1-508: CONTRACTS
The City Council shall, before entering into any contract for labor, materials or any public improvement which exceeds $20,000.00 in cash as estimated by the city engineer, advertise for bids once each week for three consecutive weeks in a legal newspaper of general circulation in the City, or post a printed or written copy thereof in each of three public places in the City; provided that in the case of a public emergency which is a serious danger to life, health or property, estimates of costs and advertising for bids may be waived in the emergency ordinance when adopted by a three-fourths vote of the City Council.
SECTION 1-509: CLAIMS
All claims against the City shall be presented to the City Council in writing with a full account of the items, and no claim or demand shall be audited or allowed unless presented as provided for in this section. No costs shall be recovered against the City in any action brought against it for an unliquidated claim which has not been presented to the City Council to be audited, nor upon claims allowed in part, unless the recovery shall be for a greater sum than the amount allowed, with the interest due. No order or warrant shall be drawn in excess of 85% of the current levy for the purpose for which it is drawn unless there shall be sufficient money in the city treasury for the appropriate fund against which it is to be drawn; provided that in the event there exist obligated funds from the Federal and/or State Government for the general purpose of such warrant, then such warrant may be drawn in excess of 85%, but not more than 100% of the current levy for the purpose for which said warrant is drawn.
(Ref. Neb. Rev. Stat. §17-714, 17-715)
SECTION 1-510: WARRANTS
All warrants drawn upon the city treasury must be signed by the mayor and countersigned by the city clerk, stating the particular fund to which the warrant is chargeable, the person to whom it is payable, and the purpose of the expenditure. No money shall be otherwise paid than upon warrants so drawn. Each warrant shall specify the amount included of such fund.
(Ref. Neb. Rev. Stat. §17-711)
SECTION 1-511: TRANSFER OF FUNDS
Whenever during the current fiscal year it becomes apparent due to unforeseen emergencies that there is temporarily insufficient money in a particular fund to meet the requirements of the adopted budget of expenditures for that fund, the City Council may by a majority vote transfer money from other funds to such fund. No expenditure during any fiscal year shall be made in excess of the amounts indicated in the adopted budget statement except as authorized herein. If, as the result of unforeseen circumstances, the revenue of the current fiscal year shall be insufficient, the City Council may propose to supplement the previously adopted budget statement and shall conduct a public hearing at which time any taxpayer may appear or file a written statement protesting the application for additional money. A written record shall be kept of all such hearings. Notice of a place and time for the said hearing shall be published at least five days prior to the date set for the hearing in a newspaper of general circulation in the City. The published notice shall set forth the time and place of the proposed hearing, the amount of additional money required, the purpose of the required money, a statement setting forth the reasons why the adopted budget of expenditures cannot be reduced to meet the need for additional money, and a copy of the summary of the originally adopted budget previously published. Upon the conclusion of the public hearing on the proposed supplemental budget and approval by the City Council, said council shall file with the county clerk and the state auditor a copy of the supplemental budget and shall certify the amount of additional tax to be levied. The City Council may then issue warrants in payment for expenditures authorized by the adopted supplemental budget. The said warrants shall be referred to as "registered warrants" and shall be repaid during the next fiscal year from funds derived from taxes levied therefor.
SECTION 1-512: SPECIAL ASSESSMENT FUND
All money received on special tax assessments shall be held by the city treasurer as a special fund to be applied to the payment of the improvement for which the assessment was made.
(Ref. Neb. Rev. Stat. §17-710)
SECTION 1-513: SINKING FUNDS
The City Council, subject to the limitations set forth herein, shall have the power to levy a tax not to exceed that prescribed by state law in addition to the amount of tax which may be annually levied for the purposes of the adopted budget statement of the City, for the purpose of establishing a sinking fund for the construction, purchase, improvement, extension or repair of the approved uses as authorized by state law. To initiate the said sinking fund, the City Council shall declare its purpose by resolution to submit to the qualified electors of the City the proposition to provide the improvement at the next general city election. The resolution shall set forth the improvement, the estimated cost, the amount of the annual levy, the number of years required to provide the required revenue, the name of the sinking fund proposed, and the proposition as it will appear on the ballot. Notice of the said proposition shall be published in its entirety three times on successive weeks before the day of the election in a legal newspaper of general circulation in the City. The sinking fund may be established after the election if a majority or more of the legal votes were in favor of the establishment of the fund. The City Council may then proceed to establish the said fund in conformity with the provisions of the proposition and applicable state law. The funds received by the city treasurer shall, as they accumulate, be immediately invested with the written approval of the City Council in the manner provided by state law. No sinking fund so established shall be used for any purpose or purposes contrary to the purpose as it appeared on the ballot unless the City Council is authorized to do so by 60% of the qualified electors of the City voting at a general election favoring such a change in the use of the sinking fund.
(Ref. Neb. Rev. Stat. §19-1301 through 19-1304, 77-2337, 77-2339)
SECTION 1-514: DEPOSIT OF FUNDS
The city treasurer shall deposit, and at all times keep on deposit, for safekeeping, in banks, institutions of approved and responsible standing, all money collected, received or held by him/her as treasurer. Such deposits shall be subject to all regulations imposed by law or adopted by the City for the receiving and holding thereof. A bond or pledged securities shall be required from all banks or financial institutions in which municipal funds are deposited in any amount exceeding that amount insured by the Federal Deposit Insurance Corporation.
(Ref. Neb. Rev. Stat. §17-607)
(Amended Ord. No. 562)
SECTION 1-515: INVESTMENT OF FUNDS
The City Council may, by resolution, direct and authorize the city treasurer to invest surplus funds in the outstanding bonds or registered warrants of the City, and other approved bonds and obligations as provided by law. The interest on such bonds or warrants shall be credited to the fund out of which the said bonds or warrants were purchased.
(Ref. Neb. Rev. Stat. §17-608, 17-609, 72-1259, 77-2341)
SECTION 1-516: EXPENDITURES
No city official shall have the power to appropriate, issue or draw any order or warrant on the city treasury for money, unless the same has been appropriated or ordered by ordinance, or the claim for the payment of such order or warrant has been allowed according to Nebraska law and funds for the claim or out of which said claim is payable had been included in the adopted budget statement according to law.
SECTION 1-517: BOND ISSUES
The City Council may, after meeting all the requirements of state law, issue bonds, fund bonds, and retire bonds for such purposes as may be permitted by state law. The City Council shall have the authority to levy special assessments for the payment of interest and principal on such bonds, and may spread the payments up to the maximum number of years permitted by state law.
(Ref. Neb. Rev. Stat. §10-201 through 10-411, 10-606 through 10-612, 12-1001, 17-529.08, 17-534, 17-905, 17-908, 17-911, 17-939, 17-958, 17-968, 18-1801 through 18-1805, 23-3513, 39-836)
SECTION 1-518: SALES TAX
For the purpose of raising revenue, there is hereby adopted a sales and use tax, pursuant to the provisions of Neb. Rev. Stat. §71-2701 to 77-27,135, known as the Nebraska Revenue Act of 1967 and Neb. Rev. Stat. §77-27,142 to 77-27,148, known as the Local Option Revenue Act of 1969, as amended from time to time, in an amount of 1.5% upon the same transactions within the corporate limits of the City on which the State of Nebraska is authorized to impose a tax pursuant to the provisions of said acts, as amended from time to time.
The administration of the sales and use tax imposed by this section, the making of returns for the ascertainment, assessment, the provisions for tax claims, remedies, the laws governing consummation of sales, penalties, and collection and for the disposition and distribution of the taxes so imposed and collected shall be as provided in Neb. Rev. Stat. §71-2701 to 77-27,135 as amended and Neb. Rev. Stat. §77-27,142 to 77-27,148 as amended, to be used for such purposes as may be determined by the mayor and City Council of the City, including but not limited to, maintenance of the hospital building and assistance to the Rural Health Clinic in such amounts as said mayor and Council may determine.
ARTICLE VI - ELECTIONS
SECTION 1-601: ELECTION OF OFFICERS; CERTIFICATION
All city elections involving the election of officers shall be held in accordance with the Election Act and in conjunction with the statewide general election. No later than July 1 of each even-numbered year, the City Council shall certify to the Secretary of State, the election commissioner or the county clerk, the name of the City, the number of officers to be elected, the length of the terms of office, the vacancies to be filled by election and length of remaining term, and the number of votes to be cast by a registered voter for each office.
(Ref. Neb. Rev. Stat. §16-302.01, 32-401, 32-404, 32-532, 32-556)
SECTION 1-602: PRIMARY ELECTION; NUMBER OF CANDIDATES FILING
If the number of candidates properly filed for nomination at the primary election does not exceed two for each vacancy to be filled, all candidates properly filed shall be considered nominated, and no primary election for their nomination shall be required.
SECTION 1-603: TIE VOTES
In the case of a tie vote of any of the candidates in either the primary or general election, the county clerk shall notify such candidates to appear at his/her office on a given day and hour to determine the same by lot before the canvassing board, and the certificate of nomination or election shall be given accordingly. Notice to appear shall be given by certified mail.
(Ref. Neb. Rev. Stat. §32-1122)
SECTION 1-604: FILING FEE
Prior to the filing of any nomination papers, there shall be paid to the city treasurer a filing fee which shall amount to 1% of the annual salary for the office for which the candidate will file; provided, there shall be no filing fee for any candidate filing for an office in which a per diem is paid rather than a salary, or an office for which there is a salary of less than $500.00 per year. No nominating papers shall be filed until the proper city treasurer's receipt, showing payment of the filing fee, shall be presented to the election officer with whom the nomination papers are to be filed.
(Ref. Neb. Rev. Stat. §32-608)
SECTION 1-605: VOTER QUALIFICATIONS
"Elector" shall mean a person of the constitutionally prescribed age or upwards, who shall have the right to vote for all officers to be elected to public office, and upon all questions and proposals, lawfully submitted to the voters at any and all elections authorized or provided for by the Constitution or the laws of the State of Nebraska, except school elections; provided, no person shall be qualified to vote at any election unless such person shall be a resident of the State and shall have been properly registered with the election official of the county.
(Ref. Neb. Rev. Stat. §17-602, 32-110)
SECTION 1-606: PETITION CANDIDATES
Any registered voter who was not a candidate in the primary election may have his/her name placed on the general election ballot for a partisan office by filing petitions as prescribed in this section and Neb. Rev. Stat. §32-621, or by nomination by political party convention or committee.
Any candidate who was defeated in the primary election and any registered voter who was not a candidate in the primary election may have his/her name placed on the general election ballot if a vacancy exists on the ballot under subsection (1) of Neb. Rev. Stat. §32-626 and the candidate files for the office by petition as prescribed in this section.
The number of signatures of
registered voters needed to place the name of a candidate upon the
nonpartisan ballot for the general election shall be at least 10% of the
total number of registered voters voting for Governor or President of the
The number of signatures of
registered voters needed to place the name of a candidate upon the partisan
ballot for the general election shall be at least 20% of the total vote for
Governor or President of the
Petitions for nomination shall conform to the requirements of Neb. Rev. Stat. §32-628. Petitions shall state the office to be filled and the name and address of the candidate. Petitions for partisan office shall also indicate the party affiliation of the candidate. Petitions shall be signed by registered voters residing in the City and shall be filed with the filing officer in the same manner as provided for candidate filing forms in Neb. Rev. Stat. §32-607. Petition signers and circulators shall conform to the requirements of Neb. Rev. Stat. §32-629 and 32-630. No petition for nomination shall be filed unless there is attached thereto a receipt showing payment of the required filing fee. The petitions shall be filed by September 1 in the year of the general election.
(Ref. Neb. Rev. Stat. §32-616 through 32-618)
SECTION 1-607: NOMINATION BY WRITE-IN VOTES
Candidates for elected office may be nominated by write-in; however, when the name of a candidate who did not file or become a petition candidate for nomination is written in and voted for as a candidate for a councilmember, such person shall not be entitled to a certificate of nomination at a statewide primary election or have his/her name placed on the general election ballot unless he/she shall have received not less than 20% of the total vote cast for the candidate receiving the greatest number of votes in the precinct or ward at the preceding election in which candidates were elected to serve the precinct or ward.
SECTION 1-608: SPECIAL JOINT ELECTIONS
Any issue to be submitted to the registered voters at a special election by the City shall be certified by the city clerk to the election commissioner or county clerk at least 50 days prior to the election. A special election may be held by mail as provided in Neb. Rev. Stat. §32-952 through 32-959. No special election to be conducted by the election commissioner or county clerk shall be held within 30 days prior to or 60 days after the statewide primary election, and no special election to be conducted by the election commissioner or county clerk shall be held within 30 days prior to or 60 days after the statewide general election.
In lieu of submitting the issue at a special election, the City may submit the issue at a statewide primary or general election or at any scheduled county election, except that no such issue shall be submitted at a statewide election or scheduled county election unless the issue to be submitted has been certified by the city clerk to the election commissioner or county clerk by March 1 for the primary election and by September 1 for the general election.
After the election commissioner or county clerk has received the certification of the issue to be submitted, he/she shall be responsible for all matters relating to the submission of the issue to the registered voters, except that the city clerk shall be responsible for the publication or posting of any required special notice of the submission of such issue other than the notice required to be given of the statewide election issues. The election commissioner or county clerk shall prepare the ballots and issue absentee ballots and shall also conduct the submission of the issue, including the receiving and counting of the ballots on the issue. The election returns shall be made to the election commissioner or county clerk. The ballots, including absentee ballots, shall be counted and canvassed at the same time and in the same manner as the other ballots. Upon completion of the canvass of the vote by the county canvassing board, the election commissioner or county clerk shall certify the election results to the City Council. The canvass by the county canvassing board shall have the same force and effect as if made by the City Council.
(Ref. Neb. Rev. Stat. §32-559)
SECTION 1-609: CERTIFICATE OF NOMINATION OR ELECTION
The city clerk shall, within 40 days after the election, prepare, sign and deliver a certificate of nomination or certificate of election to each person whom the canvassing board has declared to have received the highest vote for each municipal office. A certificate of election prepared by the city clerk shall be in the form as nearly as possible prescribed in Neb. Rev. Stat. §32-1033 and shall be signed by the mayor under the seal of the City, and countersigned by the city clerk.
(Ref. Neb. Rev. Stat §19-3041, 32-558, 32-1033)
SECTION 1-610: INABILITY TO ASSUME OFFICE
In any general election, where the person who received the highest number of votes in ineligible, disqualified, deceased, or for any other reason is unable to assume the office for which he was a candidate, and the electorate had reasonable notice of such disability at the time of election, the candidate in such election who received the highest number of votes shall be declared elected, and shall be entitled to the certificate of election; provided that any candidate so declared elected received not less than 35% of the total number of votes cast for such office in the election. If any of the qualifications of this section are not met by the candidate to be declared elected, or reasonable notice of the winner's ineligibility is not available to the voters, a vacancy in such office shall be declared to exist at the time of commencement of the term and shall be filled as prescribed by law.
SECTION 1-611: RECALL PROCEDURE
1. Any or all of the elected officials of the City may be removed from office by recall pursuant to Neb. Rev. Stat. §32-1301 to 32-1309.
2. Petition circulators shall conform to the requirements of the Election Act. The petition papers shall be procured from the city clerk. Each petition paper shall conform to the requirements of state law. Prior to the issuance of such petition papers, an affidavit shall be signed and filed with the city clerk by at least one registered voter. Such voter or voters shall be deemed to be the principal circulator(s) of the recall petition. The affidavit shall state the name and office of the official sought to be removed and shall request that the city clerk issue initial petition papers to the principal circulator for circulation. The city clerk shall notify the principal circulator that the necessary signatures must be gathered within 30 days from the date of issuing petitions.
3. The city clerk, upon issuing the initial petition papers or any subsequent petition papers, shall enter in a record, to be kept in his/her office, the name of the principal circulator to whom the papers were issued, the date of issuance, and the number of papers issued. The city clerk shall certify on the papers the name of the principal circulator to whom the papers were issued and the date they were issued. No petition paper shall be accepted as part of the petition unless it bears such certificate. The principal circulator who checks out petitions from the city clerk may distribution such petitions to registered voters residing in the City who may act as circulators of such petitions.
4. Petition signers shall conform to the requirements of the Election Act. Each signer of a recall petition shall be a registered voter and qualified by his/her place of residence to vote for the office in question on the date of the issuance of the initial petition papers.
5. A petition demanding that the question of removing a member of the City Council be submitted to the registered voters shall be signed by registered voters equal in number to at least 35% of the total vote cast for the person receiving the most votes for that office in the last general election.
6. The principal circulator shall file, as one instrument, all petition papers comprising a recall petition for signature verification with the city clerk within 30 days after the city clerk issues the initial petition papers to the principal circulator. Within 15 days after the filing of the petition, the city clerk shall ascertain whether or not the petition is signed by the requisite number of registered voters. No new signatures may be added after the initial filing of the petition papers. No signatures may be removed unless the city clerk receives an affidavit signed by the person requesting his/her signature be removed before the petitions are filed with the city clerk for signature verification. If the petition is found to be sufficient, the city clerk shall attach to the petition a certificate showing the result of such examination. If the requisite number of signatures has not been gathered, the city clerk shall file the petition in his/her office without prejudice to the filing of a new petition for the same purpose.
7. If the recall petition is found to be sufficient, the city clerk shall notify the official whose removal is sought and the City Council that sufficient signatures have been gathered. If the official does not resign within five days after receiving the notice, the City Council shall order an election to be held not less than 30 nor more than 45 days after the expiration of the five-day period, except that if any other election is to be held in the City within 90 days of the expiration of the five-day period, the City Council shall provide for the holding of the removal election on the same day. After the City Council sets the date for the recall election, the recall election shall be held regardless of whether the official whose removal is sought resigns before the recall election is held.
8. If a majority of the votes cast at a recall election are against the removal of the official named on the ballot or the election results in a tie, the official shall continue in office for the remainder of his/her term but may be subject to further recall attempts as provided in subsection 10 of this section. If a majority of the votes cast at a recall election are for the removal of the official named on the ballot, he/she shall, regardless of any technical defects in the recall petition, be deemed removed from office unless a recount is ordered. If the official is deemed removed, the removal shall result in a vacancy in the office which shall be filled as otherwise provided in this code and state law. If the election results show a margin of votes equal to 1% or less between the removal or retention of the official in question, the Secretary of State, election commissioner or county clerk shall order a recount of the votes cast unless the official named on the ballot files a written statement with the city clerk that he/she does not want a recount. If there are vacancies in the offices of a majority or more of the members of the City Council at one time due to the recall of such members, a special election to fill such vacancies shall be conducted as expeditiously as possible by the Secretary of State, election commissioner or county clerk.
9. No official who is removed at a recall election or who resigns after the initiation of the recall process shall be appointed to fill the vacancy resulting from his/her removal or the removal of another member of the City Council during the remainder of his/her term of office.
10. No recall petition shall be filed against an elected official within 12 months after a recall election has failed to remove him/her from office or within six months after the beginning of his/her term of office or within six months prior to the incumbent filing deadline for the office.
(Ref. Neb. Rev. Stat. §32-1301 through 32-1309)
SECTION 1-612: BALLOTS
The county clerk shall provide printed ballots for every general municipal election and the expense of printing and delivering the ballots and cards of instruction shall be a charge upon the City.
(Ref. Neb. Rev. Stat. §32-1202)
SECTION 1-613: WARDS
The territory comprising the City is divided into two wards as follows, to-wit:
FIRST WARD
The first ward shall be and comprise that part of the City situated and lying north of a line drawn as follows: Commencing at a point where the center line of the Annin Street extended west intersects with the west boundary line of the City, thence east along the center line of Annin Street to a point where said line extended east intersects with the east boundary line of the City.
SECOND WARD
The second ward shall be and comprise of that part of the City lying south of a line drawn as follows: Commencing at a point where the center line of the Annin Street extended west intersects with the west boundary line of the City, thence east along the center line of Annin Street to a point where said line extended east intersects with the east boundary line of the City.
SECTION 1-614: EXIT POLLS
No person shall conduct any exit poll, public opinion poll, or any other interview with voters on election day seeking to determine voter preference within 20 feet of the entrance to any polling place or, if inside the polling place or building, within 100 feet of any voting booth.
(Ref. Neb. Rev. Stat. §32-1525)
ARTICLE VII - POLICE DEPARTMENT
SECTION 1-701: POWER, DUTIES, RESPONSIBILITIES
The city police, whether regular or special, shall
have the power to arrest all offenders against the laws of the State of
Nebraska or the City, by day or by night, and keep the said offenders in the
city jail or some other place to prevent their escape until trial can be
held before the proper official of the State of Nebraska or the City.
They shall have full power and authority to call on any person
whenever necessary to assist them in performing public duties, and failure,
neglect or refusal to render such assistance shall be deemed a misdemeanor
punishable upon conviction by a fine.
Every city police officer shall be expected to be conversant and
knowledgeable of the city and state laws and no law enforcement official
shall have any interest in any establishment having a liquor license.
City police shall have the duty to file such complaints and reports
as may be required by the city ordinances and the laws of the State of
SECTION 1-702: ARREST JURISDICTION
The city police chief or any other city police officer shall have the power and authority to enforce the laws of this state and the City or otherwise perform the functions of that office anywhere within his/her primary jurisdiction. Primary jurisdiction shall mean the geographic area within territorial limits of the City.
The city police chief and any other city police officer who is within this state but beyond the territorial limits of his/her primary jurisdiction shall have the power and authority to enforce the laws of this state or any legal ordinance of the City or otherwise perform the functions of his/her office, including the authority to arrest and detain suspects, as if enforcing the laws or performing the functions within the territorial limits of his/her primary jurisdiction in the following cases:
1. The city police chief or any other city police officer, if in a fresh attempt to apprehend a person suspected of committing a felony, may follow such person into any other jurisdiction in this state and there arrest and detain such person and return such person to the officer's primary jurisdiction;
2. The city police chief or any other city police officer, if in a fresh attempt to apprehend a person suspected of committing a misdemeanor or a traffic infraction, may follow such person anywhere in an area within 25 miles of the boundaries of the officer's primary jurisdiction and there arrest and detain such person and return such person to the officer's primary jurisdiction;
3. The city police chief or any other city police officer shall have such enforcement and arrest and detention authority when responding to a call in which a local, state or federal law enforcement officer is in need of assistance. A law enforcement officer in need of assistance shall mean (A) a law enforcement officer whose life is in danger or (B) a law enforcement officer who needs assistance in making an arrest and the suspect (i) will not be apprehended unless immediately arrested, (ii) may cause injury to himself/herself or others or damage to property unless immediately arrested, or (iii) may destroy or conceal evidence of the commission of a crime; and
4. If the City, under the provisions of the Interlocal Cooperation Act, enters into a contract with any other municipality or county for law enforcement services or joint law enforcement services, law enforcement personnel may have such enforcement authority within the jurisdiction of each of the participating political subdivisions if provided for in the agreement. Unless otherwise provided in the agreement, the City shall provide liability insurance coverage for its own law enforcement personnel as provided in Neb. Rev. Stat. §13-1802.
(Ref. Neb. Rev. Stat. §29-215)
Any police officer or the city police chief may be disciplined or immediately discharged from duty for gross misconduct, neglect of duty or disobedience of lawful orders of the mayor or the City Council as a whole.
DISCIPLINED POLICE OFFICERS
In the event of discharge
for any of the causes set forth in Section 1-703, the police officer or city
police chief shall have the right to appeal his/her discharge or
disciplinary action to the City Council.
Such appeal shall be made within 30 days of his/her discharge or
disciplinary action by filing a written application for a hearing before the
Council. Such written
application shall be made to the city clerk, and if such application is made
the clerk shall immediately notify the mayor of the receipt of such
application. Upon notice of the
filing of such application, the mayor shall call a special meeting of the
City Council, within 20 days of receipt of the written application, to
consider such application. Both
the police officer and the individuals causing such disciplinary action or
discharge shall have the right at the hearing to be heard and to present
evidence to the City Council for its consideration.
Not later than 30 days following the adjournment of the meeting at
which the hearing was held, the City Council shall vote to uphold, reverse
or modify the removal or disciplinary action.
The failure of the City Council to act within 30 days or the failure
of a majority of the elected board members to vote to reverse or modify the
removal or disciplinary action shall be construed as a vote to uphold the
removal or disciplinary action.
The decision of the City Council shall be based upon its determination that,
under the facts and evidence presented at the hearing, the challenged
removal or disciplinary action was necessary for the proper management and
the effective operation of the police department in the performance of its
duties under the statutes of the State
of
ARTICLE VIII - PLANNING COMMISSION
SECTION 1-801: MEMBERS; OFFICERS; DUTIES; ALTERNATE
1. The Planning Commission shall consist of five regular members whose terms shall be staggered and who shall represent, insofar as is possible, the different professions or occupations in the City and shall be appointed by the mayor, by and with the approval of a majority vote of the members elected to the City Council. Two of the regular members may be residents of the area over which the City is authorized to exercise extraterritorial zoning and subdivision regulation. When there is a sufficient number of residents in the zoning and subdivision regulation, one regular member of the commission shall be a resident from such area. If it is determined by the City Council that a sufficient number of residents reside in the area subject to extraterritorial zoning and subdivision regulation and no such resident is a regular member of the commission, the first available vacancy on the commission shall be filled by the appointment of such an individual. For purposes of this section, a sufficient number of residents shall mean 500 residents. The term of each regular member shall be three years. All regular members shall hold office until their successors are appointed. Any member may, after a public hearing before the City Council, be removed by the mayor with the consent of a majority vote of the members elected to the City Council for inefficiency, neglect of duty or malfeasance in office, or other good and sufficient cause. Vacancies occurring otherwise than through the expiration of term shall be filled for the unexpired portion of the term by the mayor.
2. All regular members of the commission shall serve without compensation and shall hold no other city office except when appointed to serve on the Board of Adjustment as provided in Neb. Rev. Stat. §19-908. All members of the commission may be required, in the discretion of the City Council, to give bond in a sum set by resolution of the City Council and conditioned upon the faithful performances of their duties. The commission shall elect from its membership a chairperson and a secretary, and shall create and fill such other of its offices as it may determine. The term of the chairperson and the secretary shall be one year and they shall be eligible for re-election. No member of the commission shall serve in the capacity of both the chairperson and secretary. It shall be the duty of the secretary to keep the full and correct minutes and records of all meetings and to file the same with the City Clerk where they shall be available for public inspection during office hours. The commission shall be funded by the City Council from time to time out of the General Fund. The expenditures of the commission, exclusive of gifts, shall be within the amounts appropriated for that purpose by the City Council; and no expenditures or agreements for expenditures shall be valid in excess of such amounts. A number of commissioners equal to a majority of the number of regular members appointed to the commission shall constitute a quorum for the transaction of any business. The commission shall hold at least one regular meeting in each calendar quarter, except the City Council may require the commission to meet more frequently and the chairperson of the commission may call for a meeting when necessary to deal with business pending before the commission. Special meetings may be held upon the call of any three members of the commission. The commission shall adopt rules and regulations for the transaction of business and shall keep a record of its resolutions, transactions, findings and determinations, which shall be a public record. The commission shall make and adopt plans for the physical development of the City, including any areas outside its boundaries which, in the commission’s judgment, bear relation to the planning of the City, and shall carry out the other duties and exercise the powers specified in Neb. Rev. Stat. §19-929. All actions by the commission shall be subject to the review and supervision of the mayor and City Council. The commission shall make its recommendations to the City Council so that they are received within 30 days after the commission begins consideration of a matter relating to the comprehensive development plan, capital improvements, building codes, subdivision development, the annexation of territory or zoning. The commission shall be responsible for making such reports and performing such other duties as the City Council may, from time to time, designate.
3. The mayor, with the approval of a majority vote of the elected members of the City Council, shall appoint one alternate member to the commission. The alternate member shall serve without compensation and shall hold no other city office. The term of the alternate member shall be three years, and he or she shall hold office until his/her successor is appointed and approved. The alternate member may be removed from office in the same manner as a regular member. If the alternate member position becomes vacant other than through the expiration of the term, the vacancy shall be filled for the unexpired portion of the term by the mayor with the approval of a majority vote of the elected members of the City Council. The alternate member may attend any meeting and may serve as a voting and participating member of the commission at any time when less than the full number of regular commission members is present and capable of voting.
(Ref. Neb. Rev. Stat. §19-924 through 19-929)
ARTICLE IX - BOARD OF HEALTH
SECTION 1-901: MEMBERS
The City Council shall appoint a Board of Heath which shall consist of four members: the mayor, the President of the City Council and two other members. One member shall be a physician or health care provider, if one can be found who is willing to serve. Such physician or health care provider, if appointed, shall be the Board's medical advisor. If the mayor has appointed a chief of police, the chief of police shall serve on the Board as secretary and quarantine officer. The mayor shall act as chairman of the Health Board. The members of the Board shall serve a one-year term of office, unless reappointed, and shall reorganize at the first meeting in June of each year.
SECTION 1-902: POWERS AND DUTIES
A majority of the Board shall constitute a quorum and shall enact rules and regulations to safeguard the health of the people of the city and shall provide fines and punishments for the violations thereof. The Board is authorized and directed to make all necessary rules and regulations relating to matters of sanitation, including the removal of dead animals, and sanitary conditions of the streets and alleys, and vacant grounds and of private and public stock yards and all other buildings and places where filth, nuisances or offensive matter is kept or is liable to and does accumulate. It shall suppress and prevent the occurrence of nuisances and enforce all laws of the State and ordinances of the City relating to the matters of sanitation of the City. The Board shall also have control of hospitals, dispensaries, places for treatment of the sick, and matters relating to the same under such restrictions, and provisions as may be provided by ordinance. It shall keep a record of all matters transacted at its meetings and all actions taken by it, which records shall be filed with the city clerk and be part of the public records of the City.
(Ref. Neb. Rev. Stat. §17-121)
SECTION 1-903: DEPOSITING OR PERMITTING DEPOSIT OR
ACCUMULATION OF ANY SUBSTANCE DETRIMENTAL
TO HEALTH OR OFFENSIVE TO SMELL; PENALTY
It shall be unlawful for any person to deposit, or permit the deposit or accumulation of any garbage, refuse of any kind or article or thing which is detrimental to health or from which obnoxious or offensive odors arise, on the streets, alleys or public grounds or on any private premises including enclosures in which livestock is kept within said city, and any person who violates this section and shall fail to remove such objectionable substances or otherwise comply with the orders of the Board of Health with reference thereto within 24 hours from the receipt of written notice thereof, upon conviction shall be fined in a sum not to exceed $500.00 for each offense, and the offensive matter shall be ordered removed by or at the expense of the defendant. Each 24-hour failure to comply with the orders of the Board of Health shall constitute a separate and distinct offense.
ARTICLE X - TREE BOARD
SECTION 1-1001: CREATION AND ESTABLISHMENT OF TREE BOARD
The City Council may create and establish a Tree Board for the City. In the event the Board is created, it shall consist of six members. Such members shall be appointed by the mayor with the approval of the City Council.
SECTION 1-1002: DEFINITIONS
"Street trees" are herein defined as trees, shrubs, bushes and all other woody vegetation on land lying between property lines on either side of all streets, avenues, or ways with the City.
"Park trees" are herein defined as trees, shrubs, bushes and all other woody vegetation in public parks having individual names, and all areas owned by the City, or to which the public has free access as a park.
"Private community forest" is herein defined as all trees within city boundaries but not owned by the City.
"Public community forest" is herein defined as all street and park trees owned by the City as a total resource.
SECTION 1-1003: TERM OF OFFICE
The term of the six persons to be appointed by the mayor with the approval of the City Council shall be three years and their terms shall be staggered. In the event that a vacancy shall occur during the term of any member, his/her successor shall be appointed for the unexpired portion of the term.
SECTION 1-1004: COMPENSATION
Members of the Tree Board shall serve without compensation.
SECTION 1-1005: DUTIES AND RESPONSIBILITIES
It shall be the responsibility of the Tree Board to study, investigate, counsel and develop and/or update annually and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas. Such plan will be presented annually to the City Council and, upon their acceptance and approval, shall constitute the official comprehensive City Tree Plan for the City. The Tree Board, when requested by the Council, shall consider, investigate, make finding, report and recommend upon any special matter of question coming within the scope of its work.
SECTION 1-1006: OPERATION
The Tree Board shall choose its own officers, make its own rules and regulations and keep a minute book of its proceedings. A majority of its members shall be a quorum for the transaction of business.
SECTION 1-1007: STREET TREE SPECIES TO BE PLANTED
The tree list adopted by the Tree Board and published by them constitutes the official street tree species for the City. No species other than those included in this list may be planted as street trees without written permission of the City Tree Board.
SECTION 1-1008: SPACING
The spacing of street trees will be in accordance with the three species size classes listed in the tree list and no trees may be planted closer together than the following: Small trees, 30 feet; Medium trees, 40 feet; and Large trees, 50 feet; except in special plantings designed or approved by a landscape architect.
SECTION 1-1009: DISTANCE FROM CURB AND SIDEWALK
The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three species size classes listed in the tree list and no trees may be planted closer to any curb or sidewalk than the following: Small trees, two feet; Medium trees, three feet; and Large trees, four feet.
SECTION 1-1010: DISTANCE FROM STREET CORNERS AND FIREPLUGS
SECTION 1-1011: UTILITIES
SECTION 1-1012: PUBLIC TREE CARE
The City shall have the right to plant, subject to Section 1-1013 herein, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds. This section does not prohibit the planting of street trees by adjacent property owners, providing that the selection and location of said trees is in accordance with this article.
SECTION 1-1013: CONSENT OF PROPERTY OWNER
The City Tree Board shall plant no trees on public right of way without the consent of the adjacent property owners. Such consent shall be in writing and shall be maintained as part of the official tree board records.
SECTION 1-1014: TREE TOPPING
It shall be unlawful as a normal practice for any person, firm or city department to top any street tree, park tree or other tree on public property. Topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this article at the determination of the City Tree Board.
SECTION 1-1015: PRUNING, CORNER CLEARANCE
Every owner of any tree overhanging any street or right of way within the City shall prune the branches, so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection, and so that there shall be a clear space of eight feet above the surface of the street or sidewalk.
SECTION 1-1016: DEAD OR DISEASED TREE REMOVAL ON PRIVATE
PROPERTY
All trees that are in a diseased, dying or dead condition are declared to be a public nuisance and shall be removed by the property owner from the private property on which they are located. For the purpose of carrying out the provisions of this section, the City Tree Board shall have the authority to enter on private property to inspect the trees thereon. In the event that the trees are diseased or dead, notice shall be given to the owner of the property by mail or personal service, and such notice shall allow the said owner 60 days to remove the said tree or trees. In the event that the owner is a non-resident, notice shall be made by publication in a newspaper of general circulation, or by certified mail if the name and address is known. The person charged with the removal may enter into an agreement with the City that such work be accomplished by the City, and the expense shall be declared to be a lien upon such property from the time the same becomes due until paid. If the owner fails, neglects or refuses to enter into such an agreement, or to remove the trees, the City Tree Board may enter upon the property and proceed to direct the removal of the trees and the cost thereof shall be chargeable to the property owner. If the owner fails to reimburse the City after being properly billed, the costs shall be assessed against the property and certified by the city clerk to the county treasurer to be collected in the manner prescribed by law. In the event the property owner is a non-resident of the county in which the property lies, the City 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.
SECTION 1-1017: REMOVAL OF STUMPS
All stumps of street and park trees shall be removed so that the top of the stump shall not project above the surface of the ground.
SECTION 1-1018: INTERFERENCE WITH TREE BOARD
It shall be unlawful for any person to prevent, delay or interfere with the City Tree Board, or any of its agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying or removing of any street trees, park trees, or trees on private grounds, as authorized in this article.
SECTION 1-1019: REVIEW BY CITY COUNCIL
The City Council shall have the right to review the conduct, acts and decisions of the Tree Board. Any person may appeal any ruling or order of the Tree Board to the Council, who may hear the matter and make a final decision.
ARTICLE XI - BOARD OF PARK COMMISSIONERS
SECTION 1-1101: MEMBERS; TERM; COMPENSATION; SUBCOMMITTEES
The City Council shall appoint the Board of Park Commissioners. The Board shall consist of three members, who shall be residents of the City. The members shall be appointed by the mayor and City Council and shall serve a term of one year. The Board shall serve without compensation and may be required, in the discretion of the City Council, to give a bond in a sum set by resolution of the City Council and conditioned upon the faithful performance of their duties.
The City Council may also create such other park and public building subcommittees as they deem necessary from time to time. If such sub-committees are created, one member of the Board shall be the chairman of each subcommittee and the remaining members shall be appointed by the City Council. In the event such subcommittees are appointed, the members’ terms of appointment and duties shall be as established by the City Council. The terms of appointment and duties shall be noted in the minutes of the meeting establishing such subcommittees.
SECTION 1-1102: ORGANIZATION; DUTIES
At the time of the Board's first meeting in April of each year, the Board shall organize by selecting from their number a chairman and secretary. It shall be the duty of the secretary to keep the full and correct minutes and records of all meetings, and to file the same with the city clerk where they shall be available for public inspection at any reasonable time. A majority of the Board shall constitute a quorum for meetings. The Board shall meet at such times as the City Council may designate. Special meetings may be held upon the call of the chairman or any two of the Board members. It shall be the duty of the Board to take the immediate charge of all parks and recreational facilities belonging to the City. The Board shall establish appropriate rules and regulations for the management, use and operation of the same. All employees of the City doing work in or for the city park shall be under the supervision and direction of the Board. All actions of the Board shall be subject to the review and control of the City Council. The Board shall be responsible for making such reports and performing such other duties as the City Council may from time to time designate. No member of the City Council shall serve as a member of the Park Commission while serving a term of office as a member of the City Council. No member of the Park Commission shall serve in the capacity of both chairman and secretary of the Board.
SECTION 1-1103: PARKS; OPERATION AND FUNDING
The City owns and operates the city 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 city park, may each year levy a tax not exceeding the maximum limit prescribed by state law on the actual valuation of all real estate and personal property within the corporate limits that is subject to taxation. The revenue from the said tax shall be known as the Park Fund and shall remain in the custody of the city treasurer. The Board shall have the authority to adopt rules and regulations for the efficient management of the city parks and other recreational areas of the City. The Board 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.
SECTION 1-1104: PARKS; INJURY TO PROPERTY
It shall be unlawful for any person to maliciously or willfully 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 city parks and recreational areas. No person shall commit any waste on or litter the city parks or other public grounds.
(Ref. Neb. Rev. Stat. §17-948, through 17-952)
SECTION 1-1105: PARKS; OCCUPANCY AND USE
All persons except campers located in the camping
area and having camping facilities shall vacate the city park at or before
SECTION 1-1106: SWIMMING POOL; OPERATION AND FUNDING
The City owns and manages the city swimming pool through the Board of Park Commissioners. 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 actual valuation of all real estate and personal property within the City that is subject to taxation. The revenue from the said tax shall be known as the General Fund and shall include all donations, 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 and shall remain in the custody of the city clerk/treasurer. Said monies levied and collected will be set aside by the City Council in the city budget for occupation and maintenance of the swimming pool and will be known as the park budget. The Board of Park Commissioners shall manage the swimming pool. The Board shall have the power and authority to hire and supervise the swimming pool manager and such employees as they 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 Board shall be under the supervision and control of the City Council.
(Ref. Neb. Rev. Stat. §17-948, 17-951, 17-952)
SECTION 1-1107: SWIMMING POOL; ADMISSION CHARGE
The Board of Park Commissioners 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 city swimming pool. The said charges shall be on file at the office of the city clerk and shall also be posted in a conspicuous place at the city swimming pool for public inspection. Such rates may be structured for classes of persons in a reasonable manner.
(Ref. Neb. Rev. Stat. §17-949)
SECTION 1-1108: SWIMMING POOL; RENTALS
The Board of Park Commissioners shall have the authority to rent the city swimming pool to such organizations and other persons as they may in their discretion see fit, subject to the review of the City Council. The Board 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 city clerk and posted in a conspicuous place at the city swimming pool.
(Ref. Neb. Rev. Stat. §7-949)
SECTION 1-1109: SWIMMING POOL; RULES AND REGULATIONS
The Board of Park Commissioners 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. They may provide suitable penalties for the violation of such bylaws, rules and regulations subject to the review and supervision of the City Council.
(Ref. Neb. Rev. Stat.
§7-949)
ARTICLE XII - LIBRARY BOARD
SECTION 1-1201: LIBRARY BOARD
The Library Board shall be appointed or elected. The City Council shall, by ordinance, adopt the manner in which the five members of the Board are to be chosen. If the members are to be chosen by appointment, the nominated members must receive a majority vote of the City Council. If the members are to be elected, the usual election procedures of the City shall be follows: The Library Board shall consist of five members who shall be residents of the City. The members of the Board shall serve a four-year term of office as specified by Nebraska Statutes. The Board shall serve without compensation and may be required, in the discretion of the City Council, to give a bond in a sum set by resolution of the City Council and conditioned upon the faithful performance of their duties. No member of the City Council shall serve as a member of the Library Board while serving a term of office as a member of the City Council.
At the time of the Board's first meeting in July of each year, the members shall organize by selecting from their number a chairman and secretary. No member of the Board shall serve in the capacity of both the chairman and secretary. It shall be the duty of the secretary to keep the full and correct minutes and records of all meetings and to file the same with the city clerk where they shall be available for public inspection at any reasonable time. A majority of the board members shall constitute a quorum for the transaction of business. The Board shall meet at such times as the City Council may designate. Special meetings may be held upon the call of the chairman or any three members of the Board.
The Library Board shall have the authority to appoint a librarian and all other employees. It shall be the duty of the Board to have general charge of the city library and to establish appropriate rules and regulations for the management, operation and use of the same. The Board shall have supervisory authority over all employees of the library including the librarian. All actions of the Board shall be subject to the review and supervision of the City Council. The Board shall be responsible for making such reports and performing such additional duties as the City Council may designate from time to time. No member of the City Council shall serve as a member of the Library Board while serving a term of office as a member of the City Council. No member of the Library Board shall serve in the capacity of both the chairman and the secretary of the Board.
SECTION 1-1202: OPERATION AND FUNDING
The City owns and manages the library through the Library Board. 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 actual valuation of all real estate and personal property within the City that is subject to taxation. The revenue from the said tax shall be known as the Library 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 library. Such fund shall at all times be in the custody of the city treasurer. The Library Board shall have the power and authority to appoint the librarian and to hire such other employees as it may deem necessary and may pass such other rules and regulations for the operation of the library as may be proper for its efficient operation.
SECTION 1-1203: BOOKS
The Library Board may authorize the sale, exchange or disposal of any surplus, damaged, defective, obsolete or duplicate books in the library. Records shall be kept of any such surplus, damaged, defective, obsolete or duplicate books so disposed of.
SECTION 1-1204: RULES AND REGULATIONS
The Library Board shall establish rules and regulations for the governing of the library for the preservation and efficient management thereof. They shall fix and impose by general rules, penalties and forfeitures for injury to the library grounds, rooms, books or other property, or for failure to return a book. All fees, penalties and forfeitures may be collected in civil action in the event of failure, neglect or refusal to pay the said assessments.
SECTION 1-1205: COST OF USE
The library shall be free for the use of the inhabitants of the City. The librarian may exclude from the use of the library and reading rooms any person who shall willfully violate or refuse to comply with the rules and regulations established for the government thereof.
SECTION 1-1206: DAMAGED AND LOST BOOKS
Any person who injures or fails to return any book taken from the library shall forfeit and pay to the library not less than the value of the book in addition to any replacement cost and penalty which the Library Board may assess.
SECTION 1-1207: BOOK REMOVAL
It shall be unlawful for any person not authorized by the regulation 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 a misdemeanor.
SECTION 1-1208: MONEY COLLECTED
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.
ARTICLE XIII - GOLF COURSE BOARD
SECTION 1-1301: MEMBERS
Five members shall be appointed by the mayor, with the consent of the City Council, and shall hold office for a period of three years, with all terms expiring on the first Tuesday in January. All board members shall be or shall have been active regular season cardholders of the Legend Buttes Golf Course for at least the two previous golfing seasons. In addition to the five regular members, the mayor, with the consent of the Council, shall each year appoint a council member to serve as a voting member of the Board to act as a liaison between the City Council and the Board. All vacancies shall be filled for the unexpired terms in the same manner.
SECTION 1-1302: POWERS AND DUTIES
The Board has the power to control admittance, set fees therefor, establish the rates and charges for use of the Golf Course which shall be competitive with those charged at similar facilities; to franchise operations thereon and establish the fees therefor with all franchise operations to be first approved by the City Council; manage and conduct normal operation of said golf course, deliver all monies received from said operations to the city treasurer; approve all claims and bills and submit them to the city clerk for approval by the City Council and payment by the city treasurer. The Board shall meet not less than once a month. The Board shall keep minutes of the meetings and shall audit all accounts resulting from the operation and management of said golf course.
The Board shall comply with all of the terms and conditions of the ground lease of the Nebraska Game and Parks Commission and shall keep said course open for play from April 1st to October 1st of each year as provided in said ground lease. The course shall be open to public use and there can be no discrimination between resident and nonresident users or discrimination of any kind as to admission.
SECTION 1-1303: GOLF COURSE BONDS ORDINANCE NO. 550
By virtue of Bond Ordinance No. 550, municipal bonds were issued to finance the purchase and/or operation of the Municipal Golf Course. The mayor and Council shall allocate annually sufficient revenues to service such bonds in accordance with the terms and conditions of the bonding agreement.
SECTION 1-1304: REMOVAL FROM OFFICE
For neglect of duty or misconduct in office, a member of the Board may be removed by the mayor and City Council in the manner provided in this section. The mayor and City Council shall send a notice of removal to such board member, which notice shall contain a statement of charges against him/her. Unless within ten days of the receipt of such notice, such board member files with the city clerk a request for a hearing before the mayor and Council, the board member shall be deemed as removed from office. If a request for a hearing is filed with the city clerk by the board member, the mayor and Council shall hold a hearing at which the board member shall have the right to appear in person or by counsel and the mayor and City Council shall determine whether removal shall be disapproved or upheld. Failure to attend two consecutive meetings without prior notice shall be grounds for removal. If the removal shall be disapproved by the mayor and City Council, the board member shall continue to hold his/her position.
ARTICLE XIV – NURSING HOME BOARD
SECTION 1-1401: MEMBERS; TERM OF OFFICE
Five members shall be appointed by the mayor, with the consent of the City Council, and shall hold office for a period of five years, with all terms expiring on the first Tuesday in January. All vacancies shall be filled for the unexpired terms in the same manner.
SECTION 1-1402: POWERS AND DUTIES
The Board is hereby granted all powers provided in Neb. Rev. Stat. §17-961 through 17-966, as amended, and the ordinances of the City. Said Board shall meet not less than monthly, keep minutes of all meetings, and shall audit all accounts against the Board.
SECTION 1-1403: REMOVAL FROM OFFICE
For neglect of duty or misconduct in office, a member of the Board may be removed by the mayor and City Council in the manner provided in this section. The mayor and City Council shall send a notice of removal to such board member, which notice shall contain a statement of charges against him/her. Unless within ten days of the receipt of such notice, such board member files with the city clerk a request for a hearing before the mayor and Council, the board member shall be deemed as removed from office. If a request for a hearing is filed with the city clerk by the board member, the mayor and Council shall hold a hearing at which the board member shall have the right to appear in person or by counsel and the mayor and City Council shall determine whether removal shall be disapproved or upheld. Failure to attend two consecutive meetings without prior notice shall be grounds for removal. If the removal shall be disapproved by the mayor and City Council, the board member shall continue to hold his/her position.
ARTICLE XV - BOARD OF ADJUSTMENT
SECTION 1-1501: MEMBERS; TERM OF APPOINTMENT
The Board of Adjustment shall consist of five regular members, plus one additional member designated as an alternate who shall attend and serve only when one of the regular members is unable to attend for any reason. Each of the members shall be appointed for terms of three years and removable for cause by the City Council upon written charges and after public hearings. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. One member only of the Board of Adjustment shall be appointed from the membership of the Planning Commission, and the loss of membership on the Planning Commission by such member shall also result in his or her immediate loss of membership on the Board of Adjustment. All proceedings of the Board shall be in accordance with Neb. Rev. Stat. §19-908 et seq.
SECTION 1-1502: POWERS AND DUTIES
A Board of Adjustment is hereby established in strict conformity with Article 9 of Chapter 19 of the Revised Statutes of Nebraska, and as from time to time further amended; and shall have all of the powers and perform all of the duties set forth therein.
SECTION 1-1503: APPEALS TO BOARD
Further, and without limiting the paramount nature of the foregoing, the Board of Adjustment shall have the following powers and duties: (1) to hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official or agency based on or made in the enforcement of any zoning regulation or any regulation relating to the location or soundness of structures; (2) to hear and decide in accordance with the provisions of any zoning regulation, requests for interpretation of any map; and (3) to grant or deny variances, explicitly following the provisions of Neb. Rev. Stat. §19-910(3), and as from time to time amended.
Within the scope of the foregoing, all questions concerning interpretation or enforcement of the Zoning and Subdivision Regulations for the City of Crawford (Ordinance No. 540, February 6, 2001), shall first be presented to the Planning Commission of this city and any appeals from its decisions shall be made to the Board of Adjustment. Similarly, in the event it is claimed that the true intent and meaning of any building codes adopted by reference in the municipal code of this city have been wrongfully interpreted by the building inspector or other administrative official or agency, the person so claiming may appeal to the Board of Adjustment through the office of the city clerk by following the Procedure for Appeals as set forth in Subsection 19.03 of Section 19 of the Zoning Regulations of this city. Appeals from decisions of the Board of Adjustment shall be taken to the District Court of Dawes County, Nebraska.
SECTION 1-1504: RULES AND REGULATIONS
The procedural rules and regulations governing the operation of the Board of Adjustment shall be those as set forth in Neb. Rev. Stat. §19-907 through 19-912, and as may be from time to time further amended. The Board of Adjustment may also adopt any additional rules and regulations as may facilitate its operation.
ARTICLE XV - NURSING HOME BOARD
SECTION 1-1501: MEMBERS; TERM OF OFFICE
Five members shall be appointed by the mayor, with the consent of the City Council, and shall hold office for a period of five years, with all terms expiring on the first Tuesday in January. All vacancies shall be filled for the unexpired terms in the same manner.
SECTION 1-1502: POWERS AND DUTIES
The Board is hereby granted all powers provided in Neb. Rev. Stat. §17-961 through 17-966, as amended, and the ordinances of the City. Said Board shall meet not less than monthly, keep minutes of all meetings, and shall audit all accounts against the Board.
SECTION 1-1503: REMOVAL FROM OFFICE
For neglect of duty or misconduct in office, a member
of the Board may be removed by the mayor and City Council in the manner
provided in this section. The
mayor and City Council shall send a notice of removal to such board member,
which notice shall contain a statement of charges against him/her.
Unless within ten days of the receipt of such notice, such board
member files with the city clerk a request for a hearing before the mayor
and Council, the board member shall be deemed as removed from office.
If a request for a hearing is filed with the city clerk by the board
member, the mayor and Council shall hold a hearing at which the board member
shall have the right to appear in person or by counsel and the mayor and
City Council shall determine whether removal shall be disapproved or upheld.
Failure to attend two consecutive meetings without prior notice shall
be grounds for removal. If the
removal shall be disapproved by the mayor and City Council, the board member
shall continue to hold his/her position.
ARTICLE XVI - CEMETERY BOARD
SECTION 1-1601: MEMBERS; TERM OF OFFICE
Six members shall be appointed by the mayor, with the consent of the City Council, and shall hold office for a period of five years, with all terms expiring on the first Tuesday in January. All vacancies shall be filled for the unexpired terms in the same manner.
SECTION 1-1602: POWERS AND DUTIES
The mayor and City Council, with the advice and consent of the Cemetery Board, shall provide for rules and regulations regarding supervision and control of the cemetery, to-wit:
1. The charge for opening graves.
2. The charge for services for moving a body within the cemetery or moving the body outside the cemetery.
3. The size, nature and placement of markers or monuments within the cemetery.
4. Provide regulations with regard to planting of trees, flowers and floral arrangements in the cemetery and restrict the same without approval of the superintendent.
SECTION 1-1603: BOUNDARIES
There is hereby set apart for the purpose of burial of the dead the following-described real estate owned by this city, to-wit:
A square 20 acres in the northeast corner of the Southeast Quarter of Section 27 of Township 32 in Range 52 of Dawes County, Nebraska.
SECTION 1-1604: SIZE AND PRICE OF LOTS
Lots within the above-described area of real estate shall be sold and used solely for purposes of burial of deceased persons. They shall be of 12' by 30' for a six grave space lot and 12' by 20' for a four space lot and divided accordingly by the number of spaces thereon. The purchase price of said lots shall be by spaces and shall be as follows:
a. The charge for each cemetery space, provided the owner is a resident of the City or a real property owner within the City, shall be $175.00 per space.
b. The charge for each cemetery space for all other purchasers not residents or property owners within the City shall be $250.00 per space.
c. In addition to the above charges, each purchaser of any space shall be further charged for the recording costs of any deed or transfer provided by the City.
d. Payment of the above charges entitles the purchaser to perpetual care of said space purchased.
SECTION 1-1605: MAINTENANCE; TAX FOR, HOW USED
For the purpose of improving, adorning, providing and caring for said cemetery, there may be levied a tax not to exceed one mill on the dollar of valuation of all taxable property within the corporate limits of this city, except intangible property, for any one year, which tax shall be levied and collected in the manner provided by law for the levy and collection of state and county taxes and placed in a fund to be designated as the Cemetery Fund; provided, however, that funds so levied and collected shall not be used for any other purpose than those in improving, adorning, protecting, and caring for the said cemetery and all the fixtures and appurtenances belonging thereto.
SECTION 1-1606: PERPETUAL CARE, CHARGE FOR
For the service of maintaining the spaces and lots in the cemetery, there shall be charged to all spaces which do not have perpetual care, as provided in Section 1-1604, an annual charge of $1.00 per space; provided, any holder of any space may purchase perpetual care for any such space in lien of such annual charge for the sum of $20.00 per space.
SECTION 1-1607: INJURY TO CEMETERY PROPERTY; PENALTY
Any person who shall be found guilty of removing, breaking, marring, defacing, or otherwise injuring any of the property, fixtures or appurtenances of said cemetery shall be fined in a sum not to exceed $500.00 and stand committed to the city jail until said fine and costs be paid or otherwise discharged according to law.
SECTION 1-1608: ABANDONMENT
In the event of a failure by any owner of a space or lot within the cemetery to pay the annual care assessment, or the failure, neglect or refusal to maintain said space or lot or to pay for opening or closing graves, disinterment or reinterment, shall result in the assumption of an abandonment of the said lot or space, and said lot or space shall revert to the City, all as provided by law in Neb. Rev. Stat. §12-701 and 12-702.
ARTICLE XVII - PENAL PROVISION
SECTION 1-1701: VIOLATION; PENALTY
Anyone violating any of the terms and conditions of any of the foregoing chapter and articles shall be deemed guilty of a misdemeanor and shall be fined in a sum of not more than $500.00 for each offense, and each day's maintenance of the same shall constitute a separate offense.
CHAPTER II MISDEMEANORS
ARTICLE I - MISDEMEANORS
SECTION 2-101: DRINKING ON STREETS, IN PUBLIC PLACES OR ON
PUBLIC PROPERTY; PERMITS FOR; APPLICATION
It shall be unlawful for any person to drink alcoholic liquor of any kind on the streets or alleys, or upon property used or owned by the government of the United States, the State of Nebraska, or any governmental subdivision thereof, or in theaters, dance halls or in any other place open to or frequented by the public within said city, unless such premises are licensed for such purposes by the State of Nebraska or unless a special permit has been granted for the same by the City Council.
Upon application for a special permit for the consumption of alcoholic liquor on public streets or other public places, the City Council may permit such consumption on such terms and conditions as it may determine. For such permit to be issued, written application must be made to the city clerk and the same must be acted upon at a special or regular meeting of the City Council. The terms and conditions for issuance of a special permit shall be set forth in the minutes of the meeting at which such application is considered.
(Ref. Neb. Rev. Stat. §53-186, 53-1,100)
SECTION 2-102: DISTURBING THE PEACE
It shall be unlawful for any person to disturb the peace and quiet of any person, family, neighborhood or public assembly or to make any loud, boisterous or unusual noise, or to quarrel, curse, swear or use obscene or indecent language within this city.
SECTION 2-103: EXCESSIVE NOISE CONTROL
It is hereby determined to be unlawful to operate industrial equipment, heavy machinery, jack hammer and other industrial equipment emitting loud noise or to race automobile engines within the City between the hours of 8:00 P.M. and 7:00 A.M., in such a manner so as to disturb the comfort, repose, peace and quiet of residents of the City unless such activity has been approved in advance by the City Council.
SECTION 2-104: DISORDERLY CONDUCT
It shall be unlawful for any person to engage in conduct or behavior which disturbs the peace and good order of the City by clamor or noise, intoxication, drunkenness, fighting, using of obscene or profane language in the streets or other public places, or by otherwise indecent or disorderly conduct or lascivious behavior. (Ref. Neb. Rev. Stat. §17-129, 17-556)
SECTION 2-105: MALICIOUS DESTRUCTION OF PROPERTY
It shall be unlawful for any person, wantonly or maliciously, in any manner to molest, injure or destroy any property of another in this city. Any such offender shall be liable for all damages which arise from the commission of such unlawful act in addition to a fine as permitted by law.
SECTION 2-106: TRESPASSING
It shall be unlawful for any person to trespass upon any private grounds within the City, or to break, cut or injure any tree, shrub, plant, flower or grass growing thereon, or without the consent of the owner or occupant to enter upon an improved lot or grounds occupied for residence purposes and to loiter about the same.
(Ref. Neb. Rev. Stat. §28-520, 28-521)
SECTION 2-107: DISTURBING AN ASSEMBLY
It shall be unlawful for any person to disturb, interrupt or interfere with any lawful assembly of people by loud and unnecessary noise, threatening behavior, or indecent and shocking behavior. Any person or persons so disturbing an assembly shall be deemed to be guilty of a misdemeanor and fined in accord with state statute.
SECTION 2-108: DISCHARGE OF SLINGSHOTS, PAINTBALL GUNS, BLOW
GUNS, AIR RIFLES OR SIMILAR INSTRUMENTS
It shall be unlawful for any person to discharge a slingshot, paint ball gun, blow gun, air rifle, an arrow from a bow, or other like instruments capable of launching a dangerous projectile therefrom at any time or under any circumstances within the City or within a one-half mile radius of the City where the projectile from the piece could reach the city limits of the City; provided nothing herein shall be construed to apply to officially sanctioned public celebrations if the person so discharging the firearm has written permission from the City Council.
SECTION 2-109: WINDOW PEEPING
It shall be unlawful for any person to maliciously or stealthily go upon the premises of another in said city and look or peep into any window, door or other opening in any building located thereon which is occupied as a place of abode, or to go upon the premises of another for the purpose of looking or peeping into any window, door or other opening in any building thereon which is occupied as a place of abode.
SECTION 2-110: STALKING
Any person who willfully and maliciously harasses another person with the intent to terrify, threaten or intimidate commits the offense of stalking. For purposes of this section, "harass" shall mean to engage in a knowing and willful course of conduct directed at a specific person which seriously terrifies, threatens, or intimidates the person and which serves no legitimate purpose, and "course of conduct" shall mean a pattern of conduct composed of a series of acts of following, detaining, restraining the personal liberty of or stalking the person or repetitiously telephoning the person.
SECTION 2-111: GAMBLING PROHIBITED
It shall be unlawful for any person to participate in bingo games, lotteries or games of chance in this city unless authorized and licensed by state law.
(Ref. Neb. Rev. Stat. §28-1101 through 28-1104)
SECTION 2-112: HOUSE OF PROSTITUTION; DISORDERLY HOUSE;
PROHIBITED
It shall be unlawful for any person to keep, operate or maintain or to be an inmate of or visit a house of prostitution or a disorderly house within this city. A house of prostitution shall be construed to mean a house or other place which is kept, used or operated as a place for hire for prostitution purposes. A disorderly house shall be construed to mean any place kept in such a manner as to disturb, annoy or scandalize the public generally or persons within the particular neighborhood, or any place used as a public resort by drunkards, prostitutes or other idle or vicious persons, or any place of public resort where illegal practices are habitually carried on to the corruption of public morals.
SECTION 2-113: INDECENT EXPOSURE OF PERSON; PUBLIC URINATION;
INDECENT BOOK, PICTURE, PLAY DESIGN
It shall be unlawful for any person within this city to make an indecent exposure of his or her person (in the case of a male, such indecent exposure would consist of public exhibit of his genitals, and in the case of a female, indecent exposure would be public exposure of her nipples and/or genitals); to urinate or defecate in public view; to commit any indecent or lewd act; or to sell or offer for sale, or to dispense of in any manner any obscene, lewd or indecent book, picture or other publication or thing; to exhibit or perform any indecent, immoral, lewd or obscene play or other representation; or in any public place to write, draw, or make any profane, obscene, indecent or lewd work, sentence, figure or design.
SECTION 2-114: CARRYING CONCEALED WEAPONS;
DISCHARGING FIREARMS, ETC., PROHIBITED
It shall be unlawful for any person, except a police officer in the performance of his/her duties, to carry any dangerous weapons concealed on or about his/her person, his/her automobile or elsewhere, or to discharge any firearms, airgun or slingshot loaded with rock or other dangerous missiles, within this city; provided, this section shall not apply to shooting galleries or other private shooting ranges within buildings or other structures approved by the mayor and City Council.
(Ref. Neb. Rev. Stat. §28-1202)
SECTION 2-115: RESISTING OR FAILING TO ASSIST
AN OFFICER PROHIBITED
It shall be unlawful for any person in this city to hinder, obstruct or resist any police officer or policeman in making any arrest or performing any duty of his/her office, or to refuse or neglect to assist any such officer when called upon by him/her in making of any arrest or the conveying of a prisoner to jail.
(Ref. Neb. Rev. Stat. §28-903, 28-904)
SECTION 2-116: IMPERSONATING OFFICER PROHIBITED
It shall be unlawful for any person in said city, other than a regular policeman or other authorized officer or employee of the city, to wear a badge similar to or resembling the badges prescribed for or furnished the police force or any other officer or employee of the city, or to willfully impersonate, or endeavor to impersonate, any such policeman, officer or employee or seek to exercise authority as such.
(Ref. Neb. Rev. Stat. §28-610)
SECTION 2-117: OBSTRUCTING OFFICER PROHIBITED
It shall be unlawful for any person to use or threaten to use violence, force, physical interference or obstacle to intentionally obstruct, impair or hinder the enforcement of the penal law or the preservation of the peace by a peace officer or judge acting pursuant to his/her official authority.
(Ref. Neb. Rev. Stat. §28-906)
SECTION 2-118: LITTERING
Any person who deposits, throws, discards or otherwise disposes of any litter on any public or private property or in any waters commits the offense of littering unless:
1. Such property is in an area designated by law for the disposal of such material and such person is authorized by the proper public authority to so use such property; or
2. The litter is placed in a receptacle or container installed on such property for such purpose.
The word "litter" as used in this section shall mean all waste material susceptible to being dropped, deposited, discarded or otherwise disposed of by any person upon any property in the state, but does not included wastes of primary processes of farming or manufacturing.
"Waste material" as used in this section shall mean any material appearing in a place or in a context not associated with the material's function or origin.
Whenever litter is thrown, deposited, dropped or dumped from any motor vehicle or watercraft in violation of this section, the operator of such motor vehicle or watercraft commits the offense of littering.
(Ref. Neb. Rev. Stat. §17-123.01, 28-523)
It shall be unlawful for any person to willfully, maliciously or negligently place or throw upon the premise of another any filth, garbage, leaves, papers or other matter to the annoyance of the owner or occupant thereon.
(Ref. Neb. Rev. Stat. §28-523)
SECTION 2-120: APPLIANCES IN YARD
It shall be unlawful for any person to permit any household appliance to be stored in the open on private or public property.
(Ref. Neb. Rev. Stat. §18-1720)
SECTION 2-121: POSTING
It shall be unlawful for any person, firm or corporation to use the streets, sidewalks or public grounds of the City for signs, signposts, the posting of handbills or advertisements without written permission of the City Council.
ARTICLE II - CURFEW
SECTION 2-201: CURFEW HOURS
It shall be unlawful for any person under the age of 16 years to loiter, idle, wander, stroll, play or be in or upon the public streets, public places and public buildings, places of amusement and entertainment, vacant buildings, vacant lots or otherwise operate any bicycle or other vehicle, in, upon, over or through the streets of other public places of the city between the hours of 10:00 P.M. of any day until the hour of 5:00 A.M. the next day, unless such person is accompanied by a parent, guardian or other adult person having the legal care and custody of said minor person or unless the minor person is upon an emergency errand or legitimate business, directed by his/her parents, guardian or legal custodian, except as hereinafter provided.
SECTION 2-202: CURFEW HOURS EXTENDED
Nothing herein contained shall prohibit said minor persons from attending special school functions or adult supervised entertainment conducted by any school, church or fraternal organization, which continue beyond the curfew hours as set out in Section 2-201 above. In all such cases the hours herein prohibited shall be extended for those minors attending said special social function or entertainment one hour after the closing of said special function.
SECTION 2-203: VIOLATION; PARENTAL LIABILITY
It shall be unlawful for the parent, guardian or other adult person, having the care and custody of minors under the age of 16 years to allow or permit said minor person to do any of the acts or things prohibited by Section 2-201 or 2-202.
SECTION 2-204: ENFORCEMENT; POLICE AUTHORIZATION
Every member of the police force, while on duty, shall be authorized to detain any such minor willfully violating the provisions of this ordinance, and upon apprehension of said minor shall forthwith notify by telephone or other appropriate means the parents or legal guardians or person in custody of said minor child.
Any violation of the foregoing provisions of this article shall constitute a misdemeanor and shall be punishable by a warning for the first offense, a fine of $10.00 for the second offense, and a third and any subsequent violation shall constitute a violation of Section 2-203 and a complaint shall be filed against the parents of said child for violation of such section.
ARTICLE III – DOGS AND CATS
SECTION 2-301: OWNER DEFINED
Any person who shall harbor or permit any dog or cat to be present for ten days or more in or about his/her house, store or enclosure, or allow to remain to be fed, shall be deemed liable for all penalties herein described.
(Ref. Neb. Rev. Stat. §54-606, 71-4401)
SECTION 2-302: LICENSING
Any person who shall own, keep or harbor a dog or cat over the age of six months within the City shall, within 10 days after acquisition of the animal, acquire a license for each such dog or cat annually by or before the first day of May of each year. The said tax shall be delinquent from and after May 10th; provided, the possessor of any dog or cat brought into or harbored within the corporate limits subsequent to May 1st of any year shall be liable for the payment of the tax levied herein and such tax shall be delinquent if not paid within ten days thereafter. After the ten day grace period allowed herein, there shall be a penalty of $10.00 on the licenses subsequently obtained. Licenses shall be issued by the city clerk upon the payment of a license fee in an amount set by resolution of the City Council. Such resolution shall be on file at the office of the city clerk. When issued, such license shall not be transferable and no refund will be allowed in case of death, sale or other disposition of the licensed dog or cat. The owner shall state at the time the application is made and upon printed forms provided for such purpose, his/her name and address and the name, breed, color and sex of each dog and/or cat owned and kept by him/her. A certificate that the dog or cat 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.
Upon payment of the license fee, the city clerk shall issue to the owner of the dog or cat a license certificate and a metallic tag for each animal so licensed. The metallic tag shall be properly attached to the collar or harness of any dog or cat so licensed and shall entitle the owner to keep or harbor the said animal until December 31st following such licensing. In the event that a license tag is lost and upon satisfactory evidence that the original plate or tag issued in accordance with the provisions herein, the city police department shall issue a duplicate or new tag for the balance of the year and may charge and collect a fee of $0.25 for each such 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 city clerk to issue tags of a suitable design that are different in appearance each year.
(Ref. Neb. Rev. Stat. §17-526, 54-603, 71-4412)
SECTION 2-303: 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 or cat without the consent of the owner, keeper or possessor thereof.
(Ref. Neb. Rev. Stat. §17-526)
SECTION 2-304: UNLICENSED DOGS AND CATS
All dogs and cats found running at large upon the streets and public grounds of the City without a license tag affixed as required in this article is hereby declared a public nuisance and shall be impounded by the city police as provided herein.
SECTION 2-305: BARKING AND OFFENSIVE DOGS PROHIBITED
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, bicycles, motor vehicles, or riders of horses while they are on any public sidewalks, streets or alleys in the City; provided, the provisions of this section shall not be constructed to apply to any city animal shelter.
SECTION 2-306: RUNNING AT LARGE
"Running at large" shall mean any dog or cat found off the premises of the owner and not under the control of the owner or a responsible person, either by leash, cord, chain, wire, rope, cage or other suitable means of physical restraint. It shall be unlawful for any person to suffer or permit any dog or cat to run at large within said city, and every dog or cat found running at large in violation hereof is declared to be a public nuisance and may be picked up by the animal control officer or city police officer. Any person who permits his/her dog or cat to run at large within the confines of the City is hereby deemed to be guilty of a misdemeanor and, upon conviction thereof, shall be fined no more than $500.00 and shall pay the costs of prosecution. This penalty shall be in addition to any other penalties prescribed by this article, either against the owner or the particular dog or cat.
SECTION 2-307: DANGEROUS DOGS; DEFINITIONS
"Animal Control Authority" shall mean the City Council of Crawford.
"Animal control officer" shall mean any individual employed, appointed or authorized by the Animal Control Authority for the purpose of aiding in the enforcement of this act or any other law or ordinance relating to the licensing, control, or seizure and impoundment of animals, and shall include any state or local law enforcement personnel or other employees whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal.
"Dangerous dog" shall mean any dog that:
1. has killed or inflicted severe injury on a human being on public or private property;
2. has killed a domestic animal while the dog was off the owner's property.
A dog shall not be defined as a dangerous dog if any threat or any damage was sustained by a person who, at the time, was committing a willful trespass or any other tort upon the property owner of the dog; nor shall a dog be considered a dangerous dog if the dog was provoked or abused by the party complaining.
"Domestic animal" shall mean a cat, a dog or livestock.
"Owner" shall mean any person, firm, corporation, organization, political subdivision or department possessing, harboring, keeping or having control or custody of a dog.
"Severe injury" shall mean any physical injury that results in 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.
(Ref. Neb. Rev. Stat. §54-617)
SECTION 2-308: DANGEROUS DOGS ON OWNER'S PROPERTY;
CONFINED
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.
(Ref. Neb. Rev. Stat. §54-619)
SECTION 2-309: DANGEROUS DOGS; FAILURE TO COMPLY
Any dangerous dog may be immediately confiscated by an animal control officer if the owner is in violation of this article, and said officer may enter upon private property in order to confiscate the animal. In lieu of confiscation, the animal control officer may immediately destroy the dangerous dog if it poses a threat of harm to said officer or any other person or property. The owner shall be responsible for the costs incurred by the Animal Control Authority for the care and boarding of a dangerous dog confiscated by an animal control officer or for the destruction of any dangerous dog if the owner violated this article.
(Ref. Neb. Rev. Stat. §54-620)
SECTION 2-310: RABIES VACCINATION
Every dog or cat three
months of age and older shall be vaccinated against rabies pursuant to
SECTION 2-311: RABIES SUSPECTED; IMPOUNDMENT
Any dog or other animal suspected of being afflicted with rabies or any dog or cat not vaccinated in accordance with the provisions set forth above which has bitten any person or has caused an abrasion of the skin of any person shall be seized by a police officer or animal control officer of this city and shall be impounded under the supervision of a licensed veterinarian or public health authority for not less than ten days. If, upon examination by a veterinarian, the dog or other animal has no clinical signs of rabies at the end of such impoundment, it shall be released to the owner upon said owner paying the costs of said impoundment, or, in the case of a stray, shall be disposed of in whatever manner deemed best by the city police officer.
(Ref. Neb. Rev. Stat. §71-4406)
SECTION 2-312: RABID ANIMALS; CAPTURE IMPOSSIBLE
The animal control officer shall have the authority to kill any domestic animals with the characteristics of rabies which make capture impossible because of the danger involved.
SECTION 2-313: RABID ANIMALS; PROCLAMATION
It shall be the duty of the City Council or mayor whenever, in their opinion, the danger to the public safety from rabid animals is great or imminent, to issue a proclamation ordering all persons owning, keeping or harboring any dog or cat 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 past. The dog or cat may be harbored by any good and sufficient means in a house, garage or yard on the premises wherein the said owner may reside. Upon issuance of the proclamation it shall be the duty of all persons owning, keeping or harboring any dog or cat to confine the same as herein provided.
SECTION 2-314: FIGHTING DOGS
It shall be unlawful for any
person, by agreement or otherwise, to set dogs to fighting, or by any
gesture or word to encourage the same to fight.
Any person convicted of violating this section shall be fined in any
sum not exceeding that permitted by
(Ref. Neb. Rev. Stat. §17-526)
SECTION 2-315: KILLING AND POISONING
It shall be unlawful to kill, administer or cause to be administered poison of any sort to any domestic animal within the City, or in any manner to injure, maim, destroy, or in any manner attempt to injure, maim or destroy any domestic animal within the City, or to place any poison or poisoned food where the same is accessible to any domesticated animal; provided, this section shall not apply to the lawful performance of euthanasia administered by a duly licensed veterinarian.
SECTION 2-316: INTERFERENCE WITH POLICE
It shall be unlawful for any person to hinder, delay or interfere with any animal control officer who is performing any duty enjoined upon him/her by the provisions of this article, or to break open or in any manner directly or indirectly aid, counsel or advise the breaking open of the animal shelter or any vehicle used for the collecting or conveying of dogs and cats to the shelter.
SECTION 2-317: DAMAGE BY DOG OR CAT; LIABILITY OF OWNER
It shall be unlawful for any person to allow a dog or cat owned, kept or harbored by him/her, or under his/her charge or control, to injure or destroy any real or personal property of any description belonging to another person.
SECTION 2-318: IMPOUNDING
It shall be the duty of the animal control officer to capture, secure and remove in a humane manner to the designated city animal shelter any animal violating any of the provisions of this article. The animals 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 animal shall be kept and maintained at the pound for a period of not less than three days, unless reclaimed earlier by the owner. No later than 48 hours after the impoundment of any animal, notice of impoundment of all animals, including any significant marks or identification, shall be posted at the police department as public notification of such impoundment. Any animal may be reclaimed by its owner during the period of impoundment by payment of a general impoundment fee of $25.00, a copy of notice fee of $500 and the daily board fee of $8.00. The owner shall then be required to comply with the rabies vaccination requirements prior to release. If the animal is not claimed at the end of three days after public notice has been given, the animal control officer may dispose of the animal in accordance with the applicable rules and regulations pertaining to the same; provided, if the animal control officer can find a suitable home for the impounded animal, he/she may turn it over to any person willing to provide the animal with a home. In this event the new owner shall be required to pay all fees and meet all licensing and vaccinating requirements provided in this article. Prior to such adoption, however, the animal shall be neutered and the cost of such neutering shall be borne by the person desiring to adopt such impounded animal. The City shall acquire legal title to any unlicensed animal impounded in the animal shelter after three days. All animals not placed for adoption shall be destroyed and buried in a humane manner as prescribed by the Board of Health.
(Ref. Neb. Rev. Stat. §17-548, 71-4408)
(Amended Ord. No. 563;
SECTION 2-319: ANIMAL SHELTER
The animal shelter shall be safe, suitable and conveniently located for the impounding, keeping and destruction of animals. The said shelter shall be sanitary, ventilated and lighted.
ARTICLE IV - KENNELS
SECTION 2-401: KENNELS; DEFINED
"Kennel" is defined for this article as any lot or parcel of land or place where more than three dogs or more than three cats over the age of 12 weeks are confined, treated, boarded, housed or cared for, and shall include any lot or parcel of land or place where a person, corporation or other entity engages in, conducts, manages or maintains a veterinary business, regardless of the number of animals treated, kept, confined or boarded; provided, however, that this article shall not apply to animal shelters operated by licensed veterinarians.
SECTION 2-402: UNLICENSED KENNELS; NUISANCE
It is hereby declared that it is and shall be a nuisance for any person, corporation, partnership or other entity to maintain, keep, conduct or operate any kennel within the zoning limits of the City without first obtaining a license therefore.
SECTION 2-403: KENNELS; LICENSE REQUIRED
It is unlawful for any person, corporation, partnership or other entity to maintain, keep, conduct or operate any kennel within the zoning limits of the City without first obtaining a license therefore.
SECTION 2-404: KENNEL LICENSE; APPLICATION FOR
Any person or legal entity seeking a kennel license shall make written application to the City Council. Such application shall state in detail the type, number and gender of animals to be held in such kennel, describe the kennel facility in detail and provide such other information as may be required by the City Council. Such application shall also have attached thereto the consent of all property owners or occupants of lands or lots adjoining the land upon which the proposed kennel is to be located. In the event that the City Council determines that such kennel would not constitute a nuisance, it shall issue such license on such terms and conditions as it deems appropriate. Such license shall be on an annual basis and may be revoked after notice and hearing for violation of any term or condition of the issuance of the license. The annual license fee shall be in an amount set from time to time by resolution of the City Council and the license shall not be issued until such fee is paid.
SECTION 2-405: KENNEL REGULATIONS
Every place used as a kennel shall be kept in a clean and sanitary condition and no refuse or waste material shall be allowed to remain thereon for more than 24 hours. All animals shall be humanely treated and any animal having any disease shall be properly isolated and treated.
ARTICLE V - ANIMALS GENERALLY
SECTION 2-501: ANIMALS BANNED FROM CITY
It shall be unlawful for any person to keep or maintain within the corporate limits any horse, mule, sheep, cow, goat or swine, including Chinese pot-bellied pigs, except by written permission of the City Council.
(Ref. Neb. Rev. Stat. §17-121)
SECTION 2-502: CRUELTY; DEFINITIONS
"Abandon" shall mean 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" shall mean any vertebrate member of the animal kingdom except man. The term shall not include an uncaptured wild animal.
"Cruelly mistreat" shall mean to knowingly and intentionally kill, maim, disfigure, torture, beat, mutilate, burn, scald or otherwise set upon any animal.
"Cruelly neglect" shall mean 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" shall mean the destruction of an animal by a method which causes the animal a minimum of pain and suffering.
"Law enforcement officer" shall mean any member of the Nebraska State Patrol, county or deputy sheriff, any member of the city police force, or any other public official authorized by the City to enforce state or local animal control laws, rules, regulations and/or ordinances.
(Ref. Neb. Rev. Stat. §28-1008)
SECTION 2-503: CRUELTY TO ANIMALS
A person commits cruelty to animals if, except as otherwise authorized by law, he/she intentionally or recklessly:
1. Subjects any animal to cruel mistreatment; or
2. Subjects any animal in his/her custody to cruel neglect; or
3. Abandons any animal; or
4. Kills or injures any animal belonging to another.
(Ref. Neb. Rev. Stat. §28-1009)
SECTION 2-504: CRUELTY TO ANIMALS; LAW ENFORCEMENT OFFICER;
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 than 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.
(Ref. Neb. Rev. Stat. §28-1012)
SECTION 2-505: ENCLOSURES
All pens, cages, sheds, yards or any other area or enclosure for the confinement of 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 said enclosure is located.
SECTION 2-506: RUNNING AT LARGE
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 such animal to be ridden, driven or run at large upon any of the public ways or property, or to be tethered or staked out in such a manner so as to allow such animal to reach or pass into a public way or to be upon the property of another within the corporate limits of the City. (Ref. Neb. Rev. Stat. §16-235)
SECTION 2-507: FOWL; RUNNING AT LARGE
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. (Ref. Neb. Rev. Stat. §16-235)
SECTION 2-508: WILD ANIMALS
No person shall keep or permit to be kept on his/her property any wild animals except such animals kept for exhibition purposes by circuses and educational institutions.
ARTICLE VI - WEEDS, JUNK CARS, LITTER AND
DANGEROUS BUILDINGS REGULATIONS
SECTION 2-601: DEFINITIONS
The terms "weeds,
grasses or worthless vegetation" shall mean any weed or grass growth
of more than 12 inches in height.
Weeds shall include, but not be limited to, bindweed, puncture vine,
leafy spurge, Canada thistle, perennial peppergrass, Russian knapweed, Johnson
grass, nodding or musk thistle, quack grass, perennial sow thistle, horse
nettle,
bull thistle, buckthorn, hemp plant and ragweed.
The term "litter" shall include, but not be limited to:
1.
Trash, rubbish, refuse,
garbage, paper, rags and ashes;
2.
Wood, plaster, cement, brick
or stone building rubble;
3.
Grass, leaves and worthless
vegetation;
4.
Offal and dead animals;
5.
Any machine, vehicle, or parts
of a machine or vehicle which have lost their identity, character, utility
or serviceability as such through deterioration, dismantling or the ravages
of time, are inoperative or unable to perform their intended functions, or
are cast off, discarded or thrown away or left as waste, wreckage or junk;
6.
Any motor vehicle without a
current license and not housed in a storage or other building.
The term "dangerous building" as used in this article is hereby defined to
mean and include
1.
Any building, shed, fence or
other man-made structure which is dangerous to the public health because of
its condition, and which may cause or aid in the spread of disease or injury
to the health of its occupants or those of neighboring structures;
2.
Any building, shed, fence or
other man-made structure which, because of faulty construction, age, lack
of proper repair or any other cause, is especially liable to fire and
constitutes or creates a fire hazard;
3.
Any building, shed, fence or
other man-made structure which, by reason of faulty construction or any
other cause, is liable to cause injury or damage by collapsing or by a
collapse or fall of any part of such structure;
4.
Any building, shed, fence or
other man-made structure which, because of its condition or because of lack
of doors or windows, readily admits birds and animals or is an attraction
for children or other persons to enter.
SECTION 2-602:
PUBLIC NUISANCE; GRASSES OR WEEDS
It is hereby declared to be a public nuisance to
permit grasses to grow in excess of 12 inches or to permit weeds of any
height to be grown on any property within the corporate limits of the City.
SECTION 2-603:
PUBLIC NUISANCE; LITTER OR DANGEROUS BUILDING
It is hereby declared to be a public nuisance to
permit the accumulation of litter or to maintain a dangerous building on any
property within the corporate limits of the City.
SECTION 2-604:
ABATEMENT
Whenever the City Council,
by resolution, determines that any grass in excess of 12 inches or
weeds of any height are growing on property within the City, or litter is
found on any property, or that any building or structure in the City is a
dangerous building, the city clerk shall cause written notice to be served
upon the owner of the property on which grass, weeds, litter or such
dangerous building is located, and further upon the occupant thereof, by registered mail or by personal
service.
Such notice shall state that the premises have thereon grass
in excess of 12 inches, weeds or litter or that the building situated
thereon has been declared to be in a dangerous condition, and that the
grass in excess of 12 inches, weeds, litter or dangerous building must be
removed or remedied within 15 days of receipt of notice.
SECTION 2-605:
FAILURE TO CORRECT
In the event that the owner or occupant of said
premises fails to correct and eliminate said nuisance pursuant to the notice
to correct delivered by the city clerk, he/she shall be guilty of a
misdemeanor and fined in a sum of not more than $500.00.
Each day's violation after the expiration of the 15 days' notice
shall be a separate offense.
SECTION 2-606:
COST OF REMOVAL
If the owner or occupant of
the lot or piece of ground fails to comply with the order to abate and
remove the nuisance within 15 days from receipt of the notice to abate, the
City may have such work done and the cost and expense of such work shall be
paid by the owner of the property.
If unpaid for two months after such work is done, the City may either
levy and assess the costs and expenses of the work upon the lot or piece of
ground so benefited in the same manner as other special taxes for
improvements are levied and assessed, or recover in a civil action the costs
and expenses of the work.
ARTICLE VII - PENAL PROVISION
SECTION 2-701: VIOLATION; PENALTY
Anyone violating any of the terms and conditions of any of the foregoing chapter and articles shall be deemed guilty of a misdemeanor and shall be fined in a sum not more than $500.00 for each offense. Each day's maintenance of the same shall constitute a separate offense.
ARTICLE I - TRAFFIC REGULATIONS
SECTION 3-101: TERMS DEFINED
The words and phrases used in this ordinance pertaining to motor vehicles and traffic regulations shall be construed as defined in Chapter 60, Article 6 of the Revised Statutes of Nebraska, 1943, as now existing or as hereafter amended, unless the context otherwise requires; and, if not so defined, the common meaning of such words and phrases shall prevail.
SECTION 3-102: TRUCK ROUTES
The City Council may, by resolution, designate certain streets in the City restricting traffic for vehicles weighing in excess of ten tons and it shall be unlawful for persons operating vehicles to travel on streets other than those designated for such vehicles, except to travel to and from their personal residence and/or to pick up or deliver goods, wares, or merchandise; and in these events, the operator of such vehicle shall return to such truck routes as soon as possible in traveling through or about the City. The City Council shall cause notices to be posted or shall erect signs indicating the streets so designated as restricted routes.
SECTION 3-103: ENGINE BRAKING
It shall be unlawful for any person within the city limits of the City to make or cause to be made loud or disturbing noises with any mechanical device operated by compressed air and used for purposes of assisting braking on any semi-tractor; provided, however, it shall be permitted to use engine brakes in an emergency situation. Proper notices shall be posted by the City notifying the public of such prohibition.
SECTION 3-104: TURNING; "U" TURNS
No vehicle shall be turned so as to proceed in the opposite direction, except at a street intersection or other designated area. No vehicle shall be turned so as to proceed in the opposite direction at any intersection where a sign is posted indicating that U-turns are prohibited.
SECTION 3-105: TURNING; SIGNALS
A signal of intention to turn right or left shall be given continuously during not less than the last 50 feet traveled by the vehicle before turning. The signals herein required shall be given either by means of the hand and arm, or by a signal device of a type approved by the Department of Roads.
SECTION 3-106: TURNING; GENERALLY
Vehicles turning to the right into an intersecting street shall approach such intersection in the lane of traffic nearest to the right hand side of the highway, and must turn the corner as near the right hand curb as possible to keep between the curb to the right and the center of the intersection of the two streets. The driver of a vehicle intending to turn to the left shall approach such center line of the highway, and in turning shall pass as near as possible to the center of the intersection, passing as closely as practicable to the right thereof before turning such vehicle to the left. For the purposes of this section, the center of the intersection shall mean the meeting point of the medial lines of the highways intersecting one another.
SECTION 3-107: TURNING; CAUTIOUS
The operator of a vehicle shall, before stopping, turning, or changing the course of such vehicle, see that there is sufficient space to make such movement in safety. If any pedestrian might be affected by such movement, the operator shall give a clearly audible signal by sounding the horn, and whenever the operation of any other vehicle may be affected by such movement, he shall give some other unmistakable signal to the driver of all other vehicles of his intention to make such movement.
SECTION 3-108: RIGHT OF WAY; GENERALLY