PLAINVIEW, NEBRASKA
CODE OF ORDINANCES
Contains 2014 S-23 Supplement,
Local legislation current through Ordinance No. 920, passed 2-26-14
State legislation current through 2013
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AMERICAN LEGAL PUBLISHING CORPORATION
CITY OFFICERS
Of
PLAINVIEW, NEBRASKA
2013
*****
Michael Holton
Kelly
Pendergast
Tim Kudera
Bruce Curtiss
Bruce Yosten
Mike McMananan
City Administrator
Clerk/Treasurer
City Superintendent
City Attorney
Police Chief
Fire Chief
*****
CITY COUNCIL
Robert Baird, Mayor
Grant Dummer
Mike Naprstek
Tom Novicki
Judy Wilson
*****
2013 S-22
PREFACE
This Municipal Code of Plainview, Nebraska, 1975, contains all the ordinances of
the Municipality of a general nature. Certain ordinances which are continued in force
after this codification for the purpose of rights acquired, fines, penalties,
forfeitures, liabilities incurred, and actions there for have been omitted from this
publication.
A Table of Contents appears after this page, and a complete index to the subject
matter included in the general chapters and sections herein will be found at the end of
this volume. Convenient cross-references to the Statutes of Nebraska indicate the
source of legislative power and supplement the text.
The text of the Plainview Municipal Code, 1975, is arranged in the same manner
as the Revised Statutes of Nebraska. The number preceding the hyphen is the chapter
number; immediately following the hyphen is the article number; and following that
is the section number. Each section number is complete within itself indicating the
number of the chapter, article, and section.
TABLE OF CONTENTS
Officials of the Municipality
Preface
Table of Contents
Ordinance Adopting Code
Ordinance on Supplementation of Municipal Code
Chapter1
Administrative
Article 1. Elected Officials
Article 2. Appointed Officials
Article 3. Bonds and Oath
Article 4. Corporate Seal
Article 5. Meetings
Article 6. Ordinances, Resolutions, and Motions
Article 7. Elections
Article 8. Fiscal Management
Article 9. Compensation
Article 10. Initiative and Referendum
Article 11. Intergovernmental Risk Management
Article 12. Penal Provision
Chapter2
Commissions and Boards
Article 1. Standing Committees
Article 2. Commissions and Boards
Article 3. Airport Authority
Article 4. Penal Provision
Chapter3
Departments
Article 1. Water Department
Article 2. Sewer Department
Article 3. Fire Department and Ambulance
Article 4. Police Department
Article 5. Parks
Article 6. Swimming Pool
Article 7. Library
Article 8. Landfill
Article 9. Electrical System
Article 10. Cogeneration
Article 11. Utilities Generally
Article 12. Penal Provision
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Chapter4
Health and
Article
Article
Article
Article
Plainview - Table of Contents
Sanitation
1. General Provisions
2. Garbage Disposal
3. Nuisances
4. Penal Provisions
Chapter5
Traffic Regulations
Article 1. Definitions
Article 2. Municipal Traffic Regulations
Article 3. Prohibitions and Enforcement
Article 4. Bicycles
Article 5. Minibikes, Snowmobiles and All-Terrain Vehicles
Article 6. Parking
Article 7. Snow Emergencies
Article 8. Penal Provision
Chapter6
Police Regulations
Article 1. Dogs
Article 2. Animals Generally
Article 3. Miscellaneous Misdemeanors
Article 4. Penal Provisions
Chapter7
Fire Regulations
Article 1. Fires
Article 2. Fire Prevention
Article 3. Penal Provision
Chapter8
Public Ways and Property
Article 1. Municipal Property
Article 2. Sidewalks
Article 3. Streets
Article 4. Curb and Gutter
Article 5. Penal Provisions
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Table of Contents
Chapter9
Building Regulations
Article 1. Building Inspector
Article 2. Building and Zoning Permits
Article 3. Building Moving
Article 4. Barricades and Lights
Article 5. Unsafe Buildings
Article 6. Plumbing Code
Article 7. Penal Provisions
Chapter10
Business Regulations
Article 1. Alcoholic Beverages
Article 2. Itinerant Merchants
Article 3. Bowling and Bingo
Article 4. Building Moving
Article 5. Occupation Taxes
Article 6. Natural Gas
Article 7. Tobacco Sales
Article 8. Penal Provisions
Chapter11
Municipal
Article
Article
Article
Article
Article
Planning
1. Municipal Limits
2. Land Use Plan
3. Conflicts
4. Group Homes
5. Penal Provision
Chapter 12
Penal Provisions
Article 1. Penalty and Nuisance Abatement
Code Index
-2000 S-2
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ORDINANCES OF A GENERAL AND PERMANENT NATURE
of the
CITY OF PLAINVIEW, NEBRASKA
ORDINANCE. NO. 271
An ordinance of the City of Plainview, Nebraska, codifying the general ordinances of the
Municipality, repealing prior ordinances in conflict herewith.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF PLAINVIEW, NEBRASKA,
r--.......
Section 1. Codification. The general ordinances of the Municipality of Plainview, Nebraska, are
hereby codified into eleven chapters and the articles and sections thereunder, which are adopted and
declared to be ordinances of this Municipality.
Section 2. Repeal of Prior Ordinances in Conflict. All ordinances and parts of ordinances of a
general or permanent nature passed and approved prior to the passage and approval of this codification
ordinance and in conflict with this ordinance or with any of the provisions of this ordinance, are hereby
repealed: Provided, that in construing the provisions of this ordinance the following ordinances shall not
be considered or held to be ordinances of a general or permanent nature, to-wit:
1.
2.
3.
4.
5.
6.
7.
8.
Ordinances vacating streets and alleys,
Ordinances authorizing or directing public improvements to be made.
Ordinances levying taxes or special assessments.
Ordinances granting any right, privilege, franchise, or license to persons, firms, or
corporations.
Ordinances providing for the issuance of bonds or other instruments of indebtedness.
Ordinances establishing grades.
Real Estate Transactions.
Any other ordinance which by nature would be considered special.
Section 3. Exceptions. The repeal of ordinances as provided in Section 2, Ordinance No. 271 shall
not affect any rights acquired, fines, penalties, forfeitures, or liabilities incurred thereunder, or actions
involving any of the provisions of such ordinances and parts thereof. Such ordinances above repealed
are hereby continued in force and effect after the passage, approval and publication of this general
codification ordinance for the purpose of all rights, fines, penalties, forfeitures, liabilities, and actions
therefor.
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Section 4. Defining Chapters, Articles, and Sections. The chapters, articles, and sections as set
forth herein shall be and hereby are declared to be the chapters, articles, and sections of this general
codification ordinance. All ordinances hereafter passed by the local Governing Body of the Municipality
shall be numbered consecutively, beginning with 272.
Section 5. Severability. If any section, subsection, paragraph, sentence, clause, phrase, term, or
provision of this ordinance should be declared invalid by any court of competent jurisdiction for any
reason whatsoever, such decision shall not affect the remaining portions of this code, which will remain
in full force and effect, and the provisions of this ordinance are hereby declared to be severable.
Section 6. Blanket Penalty. Any person, his agents, or servants who shall violate any of the
provisions of this Municipal Code unless otherwise specifically provided herein, shall be deemed guilty
of a misdemeanor and upon conviction thereof, shall be fined in any sum not exceeding one hundred
($100.00) dollars. Whoever aids, abets, procures, encourages, requests, advises, or incites another to
commit any act which is an offense under this Code or under any other ordinance of the Municipality
may be prosecuted and punished as though fie were the principal offender.
Section 7. General Definitions:
1.
2.
3.
4.
5.
6.
7.
8.
Person. Whenever used in this code, the word person shall include natural persons, artificial
persons, such as corporations, co-partnerships, associations, and all aggregate organizations of
whatever character.
Gender and Number. All words used herein implying the masculine gender may apply to, and
include the feminine or neuter gender and all words importing the plural may be applied to, and
mean a single person, firm, or thing. All words importing the singular number may be applied
to and mean the plural number.
Code, Ordinance, and Chapter, Municipal Code shall mean the General Codification Ordinance
No. 271. Ordinance and chapter are used synonymously unless from the context the contrary
clearly appears.
Wholesale Dealer. The words wholesale dealer or sellers of said product at wholesale shall
embrace and include manufacturers of any product who sell the said product to other persons
for the purpose of future resale to consumers.
Municipal and Municipality. The words Municipal and Municipality whenever used in this code
mean the City of Plainview, Nebraska, a Municipal Corporation.
Governing Body. The words Governing Body, whenever they appear in this Code mean the
Mayor and City Council of the Municipality.
Mayor. The word Mayor means the Chief Administrative Official of the Municipality whenever
it appears in this Code.
Municipal Police, Municipal Police shall mean any police officer of the Municipality whenever
it appears in this Code.
Section 8. Time. Whenever words fixing or importing time or the hour of the day are used in this
Code, they shall be construed to mean Central Standard Time or Central Daylight Savings Time
whichever is applicable.
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Section 9. Construction of Chapters, Articles, and Sections. For purposes of construction each
chapter contained and arranged in this Code shall be considered as a separate and distinct ordinance
grouped for convenience tinder the General Codification Ordinance No. 271, each section appearing in
the several chapters of this Code shall be considered a separate and distinct unit of legislation germane
to the chapter or article under which it is grouped and each article appearing in the said chapters shall
be considered as a group of legislative units germane to the chapter wherein it is placed. Any chapter,
article, or section duly enacted by the Governing Body of the Municipality and included in this Code,
and any other independent ordinance, chapter, article, section, or subsection of an ordinance duly
enacted shall be altered, amended, or revised only by the complete nullification and repeal of such
ordinance, chapter, article, section, or subsection and by the substitution of a new ordinance, chapter,
article, section, or subsection containing the entire ordinance, chapter, article, section, or subsection as
amended, altered, or revised.
Section 10. Publication and Distribution. This code was printed in book form under the direction
of the Governing Body, and shall be distributed as they may see fit. (Ref 17-613, 17-614RS Neb.)
Section 11. When Operative. This ordinance shall be in full force and shall take effect from and
after its passage, approval and publication according to law.
Passed and approved February 3, 1976.
Myron Kuhl
Mayor
Jayne Gentzler
Municipal Clerk
(SEAL)
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ORDINANCE NO. 666
AN ORDINANCE RELATING TO SUPPLEMENTS TO THE MUNICIPAL CODE; TO AUTHORIZE
THE CODIFIER TO MAKE FORMAL NONSUBSTANTIVE CHANGES IN ORDINANCES AND
PARTS OF ORDINANCES INCLUDED IN THE SUPPLEMENT AS NECESSARY TO EMBODY
THEM INTO A UNIFIED CODE; TO REPEAL CONFLICTING ORDINANCES AND SECTIONS;
TO PROVIDE AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF PLAINVIEW,
NEBRASKA:
Section 1. SUPPLEMENTATION OF MUNICIPAL CODE. When preparing a supplement to the
Municipal Code, the codifier (meaning the person, agency, or organization authorized to prepare the
supplement) may make formal non-substantive changes in ordinances and parts of ordinances included
in the supplement as necessary to embody them into a unified Code. For example, the codifer may:
1. Organize the ordinance material into appropriate sections and subdivisions;
2. Provide appropriate catch lines, headings, and titles for sections and other subdivisions of the
ordinance printed in the supplement and make changes in such catch lines, headings, and titles;
3. Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where
necessary to accommodate new material, change existing section or other subdivision numbers;
4. Change the words "this ordinance" or words of the same meaning to "this chapter," "this article,"
"this section," etc., as may be appropriate, or to "sections
to
" (inserting
section numbers to indicate the sections of the Code which embody the substantive sections of the
ordinance incorporated into the Code);
5. Insert appropriate section numbers in references to Code sections such as "section
" or
"sections
to
" which are not filled in prior to adoption of an ordinance;
6. Correct the spelling of words, correct obvious typographical errors, correct erroneous division and
hyphenation of words, capitalize or de-capitalize words, and make other similar changes in
accordance with accepted usage or for consistency with other provisions of the Code;
7. Change terminology for consistency with terminology used in other provisions of the Code; and
8. Make other non-substantive changes necessary to incorporate ordinance material into the Code while
preserving the original meaning of the ordinance ·sections.
In no case shall the codifier make any change in the meaning or effect of ordinance material included
in the supplement or already embodied in the Code and not repealed by any ordinance.
Section 2. Any other ordinance or section passed and approved prior to passage, approval, and
publication or posting of this ordinance and in conflict with its provisions is repealed.
Section 3. This ordinance shall take effect and be in full force from and after its passage, approval, and
publication or posting as required by law.
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Passed and approved this 8 day of July, 1997.
Michael Naprstek
Mayor
(SEAL)
Jayne Gentzler
Clerk
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CHAPTER
1: ADMINISTRATIVE
Article
1.
ELECTED
OFFICIALS
2.
APPOINTED
3.
BONDS AND OATH
4.
CORPORATE
5.
MEETINGS
6.
ORDINANCES,
7.
ELECTIONS
8.
FISCAL MANAGEMENT
9.
COMPENSATION
SEAL
RESOLUTIONS
AND MOTIONS
10.
INITIATIVE AND REFERENDUM
11.
INTERGOVERNMENTAL RISK MANAGEMENT
12.
PENAL PROVISION
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ARTICLE 1: ELECTED OFFICIALS
§ 1-101 CITY MAYOR; POWERS AND DUTIES.
(A) The Mayor shall preside at all meetings of the City Council. The Mayor may vote when his or
her vote would provide the additional vote required to attain the number of votes equal to a majority of
the number of members elected to the City Council 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. He or she
shall have superintendence and control of all the officers and affairs of the City, and shall take care that
the ordinances of the City and all laws governing cities of the second class are complied with. (Ref
17-110 RS Neb.)
~--
(B) The Mayor shall have the power to veto or
ordinance vetoed by the Mayor may be passed over
of the Council. If the Mayor neglects or refuses to
her objections in writing at the next regular meeting
his or her signature. (Ref 17-111 RS Neb.)
sign any ordinance passed by the City Council. Any
the veto by a vote of two-thirds (2/3) of the members
sign any ordinance, and return the same with his or
of the Council, the same shall become a law without
(C) The Mayor shall, from time to time, communicate to the City Council such information and
recommend such measures as, in his or her opinion, may tend to the improvement of the finances, the
police, health, security, ornament, comfort, and general prosperity of the City. (Ref.17-112 RS Neb.)
(D) The Mayor shall have the power, when he or she deems it necessary, to require any officer of
the City to exhibit his or her accounts or other papers, and to make reports to the Council, in writing,
touching any subject or matter pertaining to his or her office. (Ref. 17-113 RS Neb.)
(E) The Mayor shall have such jurisdiction as may be vested in him or her by ordinance, over all
places within five (5) miles of the corporate limits of the City, for the enforcement of any health or
quarantine ordinance and regulation thereof, and shall have jurisdiction in all matters vested in him or
her by ordinance, excepting taxation, within one-half (1/2) mile of the corporate limits of the City. (Ref
17-114 RS Neb.)
(F) The Mayor shall have the power to remit fines and forfeitures, and to grant reprieves and
pardons for all offenses arising under the ordinances of the City. (Ref. 17-117 RS Neb.)
(G) The Mayor shall hold no other elective or appointive office or employment with the City.
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(H) The Mayor shall sign the City Clerk's minutes of all meetings of the City Council, and he or she
shall sign all resolutions that have been passed and warrants for the payment of money when ordered by the
Council.
(I) The Mayor shall have such other duties as are reposed in the Mayor by the laws of the State of
Nebraska or as the Council may by resolution confer upon the Mayor. (Amended by Ord. Nos. 356,
10/13/80;920, 2/26/14)
Statutory reference:
Restrictions on holding other office or employment, see sections 17-108.02, 32-109, 32-603,
and 32-604 RS Neb.
§ 1-102 CITY COUNCIL;ACTING PRESIDENT.
The City Council shall elect one (1) of its own body each year who shall be styled the President of
the Council, and who shall preside at all meetings of the City Council in the absence of the Mayor. In
the absence of the Mayor, and the President of the Council, the City Council shall elect one (1) of its
own body to occupy his place temporarily, who shall be sty led Acting President of the Council. Both
the President of the Council and the Acting President of the Council, when occupying the position of the
Mayor, shall have the same privileges as the other members of the City Council, and all acts of the
President of the Council, or Acting President of the Council, while so acting, shall be as binding upon
the City Council, and upon the Municipality as if done by the elected Mayor. (Ref 17-148 RS Neb.)
§ 1-103 CITY COUNCIL;SELECTIONAND DUTIES.
The members of the City Council shall be elected and serve for a four (4) year term. The City Council
shall be the legislative division of the Municipal Government, and shall perform such duties, and have such
powers as may be authorized by law. The City Council shall maintain the peace, regulate business, protect
the public health and safety, and assess such taxes and fees as are necessary and appropriate in the
exercise of these functions. (Ref 17-103, 17-104 RS Neb.)
§ 1-104 CITY COUNCIL;ORGANIZATION
.
City Councilmen of this Municipality shall take office, and commence their duties on the first
regular meeting in December following their election. The newly elected Councilmen who have qualified
as prescribed by law, together with the members of the City Council holding over, shall assemble in a
regular meeting at the hour and place hereinafter prescribed and perfect the reorganization of the City
Council as herein provided, and all appointive offices in which the terms of incumbents are expired shall
be filled by appointment. After the said meeting has been called to order, the Municipal Clerk shall report
to the City Council the names of all City Councilmen-elect who have qualified for their respective
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offices, and this report shall be spread upon the minutes of the meeting preceding the roll call. Each
ward of the Municipality shall be represented by at least two (2) Councilmembers. No person shall be
eligible who is not at the time of his election an actual resident of the ward for which he is qualified and
should any City Council member move from the ward from which he was elected, his office shall thereby
become vacant. (Ref 17-104 RS Neb.)
§ 1-105 ELECTED OFFICIALS; VACANCY.
(A) The office of member of City Council shall be vacant upon the happening of any of the events
specified in section 32-560 RS Neb. except as provided in section 32-561 RS Neb. (Ref 32-560 RS Neb.)
(B) In the case of any vacancy in the office of Mayor, or in case of his or her disability or absence,
the President of the Council shall exercise the office of Mayor for the unexpired term until such vacancy
is filled or such disability is removed, or in case of temporary absence, until the Mayor returns. If the
President of the Council assumes the office of Mayor for the unexpired term, there shall be a vacancy on
the Council. (Ref 32-568(4) RS Neb.)
(C) (a) Except as otherwise provided in subsection (B), (D), or (E) of this section, vacancies in city
elected offices shall be filled by the Mayor and City Council for the balance of the unexpired term.
Notice of a vacancy, except a vacancy resulting from the death of the incumbent, shall be in writing and
presented to the Council at a regular or special meeting and shall appear as a part of the minutes of such
meeting. The Council shall at once give public notice of the vacancy by causing to be published in a
newspaper of general circulation within the city or by posting in three (3) public places in the city the
office vacated and the length of the unexpired term.
(b) The Mayor shall call a special meeting of the Council or place the issue of filling such
vacancy on the agenda at the next regular meeting at which time the Mayor shall submit the name of a
qualified registered voter to fill the vacancy for the balance of the unexpired term. The regular or special·
meeting shall occur upon the death of the incumbent within four weeks after the meeting at which such
notice of vacancy has been presented. The Council shall vote upon-such nominee, and if a majority votes in
favor of such nominee, the vacancy shall be declared filled. If the nominee fails to receive a majority of
the votes, the nomination shall be rejected and the Mayor shall, at the next regular or special meeting,
submit the name of another qualified registered voter to fill the vacancy. If the subsequent nominee fails
to receive a majority of the votes, the Mayor shall continue at such meeting to submit the names of
qualified registered voters in nomination and the Council shall continue to vote upon such nominations
until the vacancy is filled. The Mayor shall cast his or her vote for or against the nominee in the case
of a tie vote of the Council. All Council members present shall cast a ballot for or against the nominee.
Any member of the Council who has been appointed to fill a vacancy on the Council shall have the same
rights, including voting, as if such person were elected.
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(D) The Mayor and Council may, in lieu of filling a vacancy in a City elected office as provided in
subsection (C) of this section, call a special City election to fill such vacancy.
(E) If vacancies exist in the offices of a majority of the members of the City Council, the Secretary of
State shall conduct a special City election to fill such vacancies. (Ref. 32-569 RS Neb.) (Amended by
Ord. Nos. 425, 9/11/84; 535, 2/12/91; 770, 6/11/02)
§ 1-106 MAYOR; ELECTION; QUALIFICATIONS; TERM.
(A) The Mayor shall be elected as provided in the Election Act. The Mayor shall take office on the
date of the first regular meeting of the City Council held in December following the statewide general
election. The Mayor shall be a resident and registered voter of the City. (Ref. 17-107 RS Neb.)
(B) The Mayor shall serve for a term of four (4) years or until his or her successor is elected and
qualified. (Ref. 32-533 RS Neb.) (Ord. No. 1--106, 5/8/12)
§ 1-107 ELECTED OFFICIALS; RESTRICTIONS ON OTHER EMPLOYMENT
OR ELECTIVE OFFICE.
(1) The Mayor and members of the Council shall hold no other elective or appointive office or
employment with the City.
(2) For purposes of this section, (a) 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 or village 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 (b) high elective office means a member of the Legislature, aJ.1 elective office described in Article
IV, section 1 or 20, or Article VII, section 3 or 10, of the Constitution of Nebraska, or a county, city,
or school district elective office.
(3) No candidate for member of the Legislature or an elective office described in Article IV, section
1 or 20, or Article VII, section 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 a nomination by a political party or by
party convention, caucus, or committee to fill a vacancy, or to be a declared 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 political party convention. No candidate for any other high elective office shall be
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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 a write-in
candidate for more than one high elective office to be filled at the same election.
(4) Except as provided in subsection (5) or (7) of this section, no person shall be precluded from
being elected or appointed to or holding an elective office for the reason that he or she has been elected
or appointed to or holds another elective office.
(5) No person serving as a member of the Legislature or in an elective office described in Article
IV, section 1 or 20, or Article VII, section 3 or 10, of the Constitution of Nebraska shall simultaneously
serve in any other elective office, except that such a person may simultaneously serve in another elective
office which is filled at an election held in conjunction with the annual meeting of a public body.
(6) Whenever an incumbent serving as a member of the Legislature or in an elective office
described in Article IV, section 1 or 20, or Article VII, section 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.
(7) No person serving in a high elective office shall simultaneously serve in any other high elective
office.
(8) Notwithstanding subsections (5) through (7) of this section, any person holding more than one high
elective office upon September 13, 1997, shall be entitled to serve the remainder of all terms for which
he or she was elected or appointed. (Ref 17-108.02, 32-109, 32-603, 32-604 RS Neb.) (Ord. No. 534,
2/12/91) (Amended by Ord. No. 698, 8/11/98)
§ 1-108 CITY COUNCIL; QUALIFICATIONS; FORFEITUREOF OFFICE.
If the City operates under a City Manager plan, members of the City Council shall be residents and
registered voters of the City and shall hold no other employment with the City. Any Council member who
ceases to possess any of the qualifications required by this section or who has been convicted of a felony
or of any public offense involving the violation 'of the oath of office of such member while in office
shall forthwith forfeit such office. (Ref 19-613 RS Neb.) (Ord. No. 1-108, 2/12/13)
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ARTICLE 2: APPOINTED OFFICIALS
§ 1-201 APPOINTED OFFICIALS; APPOINTMENT; TERMS; REMOVAL; POWERS; DUTIES.
(A) (1) The Mayor, with the consent of the City Council, may appoint such officers as shall be
required by ordinance or otherwise required by law. Such officers may be removed from office by the
Mayor.
(2) The terms of office for all officers, except regular police officers, appointed by the Mayor
and confirmed by the Council shall be established by the City Council by ordinance:
(a) The officers hold the office to which they have been appointed until the end of the
Mayor's term of office and until their successors are appointed and qualified unless sooner removed.
(Ref 17-107 RS Neb.)
(B) (1) The City may enact ordinances or bylaws to regulate and prescribe the powers and duties of
officers not provided for in state law. (Ref 17-604 RS Neb.)
(2) If the Mayor and City Council appoint any of the officials specified in this chapter or any
other officials, the officials shall have the powers and duties, if any, provided in this chapter or as
otherwise provided by City ordinances and state law. (Amended by Ord. Nos. 302, 11/14/77; 667,
7/8/97; 1-201, 5/8/12; 907, 1/8/12)
§ 1-202 APPOINTED OFFICIALS;MERGER OF OFFICES.
The Governing Body may, at its discretion, by ordinance combine and merge any elective or
appointive office or employment or any combination of duties of any such offices or employments,
except Mayor and Councilmember, with any other elective or. appointive office or employment so that
one or more of such offices or employments or any 'combination of duties of any such offices or
employments may be held by the same officer or employee at the same time. The city manager/
administrator in a city under the city manager/administrator plan of government as provided by law may
in his or her discretion combine and merge any elective or appointive office or employment or any
combination of duties of any such offices or employments, except mayor and council member, with any
other elective or appointive office or employment so that one or more of such offices or employments
may be held by the same officer or employee at the same time. The offices or employments so merged
and combined shall always be construed to be separate and the effect of the combination or merger shall
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be limited to a consolidation of official duties only. The salary or compensation of the officer or
employee holding the merged or combined offices or employments or offices and employments shall not
be in excess of the maximum amount provided by law for the salary or compensation of the office,
offices, employment or employments so merged and combined. For purposes of this section, volunteer
firefighters and ambulance drivers shall not be considered officers. (Ref 17-108. 02 RS Neb.) (Amended by
Ord. Nos. 426, 9/11/84; 536, 2/12/91)
§ 1-203 APPOINTED OFFICIALS; CITY CLERK.
(A) The City Clerk shall have the custody of all laws and ordinances and shall keep a correct journal
of the proceedings of the City Council. After the period of time specified by the State Records
- Administrator pursuant to the Records Management Act, the Clerk may transfer the journal of the
proceedings of the City Council to the State Archives of the Nebraska State Historical Society for
permanent preservation. The Clerk shall also perform such other duties as may be required by the
ordinances of the City. (Ref 17-605 RS Neb.)
(B) (1) It shall be the duty of the Clerk to prepare and publish the official proceedings of the City
Council within thirty (30) days after any meeting of the Council. The publication shall be in a newspaper
of general circulation in the City, shall set forth a statement of the proceedings of the meeting, and shall
also include the amount of each claim allowed, the purpose of the claim, and the name of the claimant,
except that the aggregate amount of all payroll claims may be included as one item. Between July 15 and
August 15 of each year, the employee job titles and the current annual, monthly, or hourly salaries
corresponding to such job titles shall be published. Each job title published shall be descriptive and
indicative of the duties and functions of the position. The charge for the publication shall not exceed the
rates provided for in section 23-122 RS Neb. (Ref 19-1102 RS Neb.)
(2) Publication under division (B)(l) shall be made in one (1) legal newspaper of general
circulation in the City. If no legal newspaper is published in the City, then the publication shall be made
in one (1) legal newspaper published or of general circulation within the county in which the City is .
located. The cost of publication shall be paid out of the general funds of the City. (Ref 19-1103 RS Neb.)
(C) The Clerk shall dispose of or destroy City public records when the records have been
determined to be of no further legal, administrative, fiscal, or historical value by the State Records
Administrator pursuant to sections 84-1201 through 84-1220 RS Neb., provided the provisions of this
division shall not apply to the minutes of the Clerk and the permanent ordinance and resolution books,
or any other record classified as permanent by the State Records Administrator. (Ref 18-1701 RS Neb.)
(D) (1) The Clerk shall permit any person to examine and copy the public records in the Clerk's
custody, and may charge a fee for providing copies of a public record, as provided in sections 84-712
through 84-712.09 RS Neb.
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(2) The Clerk may charge a reasonable fee for certified copies of any record in his or her office
as set by resolution of the City Council.
(E) The Clerk shall permit no records, public papers, or other documents of the City kept and
preserved in his or her office to be taken therefrom, except by such officers of the City as may be
entitled to the use of the same, but only upon their leaving a receipt therefor, and except pursuant to
section 84-712(2) RS Neb. He or she shall keep all the records of his or her office, including a record of
all licenses issued by him or her, in a blank book with a proper index. He or she shall include as part of
his or her records all petitions under which the City Council shall order public work to be done at the
expense of the property fronting thereon, together with references to all resolutions and ordinances relating
to the same. He or she shall endorse the date and hour of filing upon every paper or document so filed
in his or her office. All such filings made by him or her shall be properly docketed. Included
_ in his or her records shall be all standard codes, amendments thereto, and other documents incorporated by
reference and arranged in triplicate in a manner convenient for reference. ·.He or she shall keep an
accurate and complete account of the appropriation of the several funds and draw, sign, and attest all
warrants ordered for the payment of money on the particular fund from which the same is payable. At
the end of each month, he or she shall then make a report of the amounts appropriated to the various
funds and the amount of the warrants drawn thereon.
(F) The Clerk shall deliver all warrants, ordinances, and resolutions under his or her charge to the
Mayor for his or her signature. He or she shall also deliver to officers, employees, and committees all
resolutions and communications which are directed at such officers, employees, or committees. With the
seal of the City, he or she shall duly attest the Mayor's signature to all ordinances, deeds, and papers required
to be attested to when ordered to do so by the City Council.
(G) The Clerk shall issue and sign all licenses, permits, and occupation tax receipts authorized by law
and required by the City ordinances. He or she shall collect all occupation taxes and license money, except
where some other City officer is specifically charged with that duty. He or she shall keep a register of all
licenses granted in the City and the purpose for which they have been issued.
(H) The Clerk shall keep in a book with a proper index, copies of all notices required to be
published or posted by the Clerk by order of the City Council or antler the ordinances of the City. To
each of the file copies of the notices shall be attached the printer's affidavit of publication, if the notices
are required to be published, or the Clerk's certificate under seal where the same are required to be
posted only.
(I) The Clerk shall receive all objections to creation of paving districts and other street
improvements. He or she shall receive the claims of any person against the City, and in the event that
the claim is disallowed in part or in whole, the Clerk shall notify the claimant or his or her agent or
attorney by letter within five (5) days after the disallowance, and the Clerk shall then prepare transcripts
on appeals of any disallowance of a claim in all proper cases. (Amended by Ord. Nos. 554, 2/9/93; 920,
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2/26/14)
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§ 1-204 APPOINTED OFFICIALS; CITY TREASURER.
(A) (1) The City Treasurer shall be the custodian of all money belonging to the City. He or she shall
keep a separate account of each fund or appropriation and the debts and credits belonging thereto. He or
she shall give every person paying money into the treasury a receipt therefor, specifying the date of payment
and on what account paid. He or she shall also file copies of such receipts with his or her monthly reports.
The Treasurer shall, at the end of every month, and as often as may be required, render an account to the
City Council, under oath, showing the state of the treasury at the date of such account and the balance of
money in the treasury. He or she shall also accompany such accounts with a statement of all receipts and
disbursements, together with all warrants redeemed and paid by him or her, which warrants, with any
and all vouchers held by him or her, shall be filed with his or her account in the City Clerk's office. If the
Treasurer fails to render his or her account within twenty (20) days after the end
- of the month, or by a later date established by the City Council, the Mayor with the advice and consent
of the Council may use this failure as cause to remove the Treasurer from office.
(2) The Treasurer shall keep a record of all outstanding bonds against the City, showing the
number and amount of each bond, for and to whom the bonds were issued, and the date upon which any
bond is purchased, paid, or canceled. The Treasurer shall accompany the annual statement submitted pursuant
to section 19-1101 RS Neb. with a description of the bonds issued and sold in that year and the terms of
sale, with every item of expense thereof, (Ref 17-606 RS Neb.)
(B) (l) The Treasurer shall prepare and publish annually within sixty (60) days after the close of
the City fiscal year a statement of the receipts and expenditures of funds of the City for the preceding
fiscal year. The statement shall also include the information required by section 16-318(3) or 17-606(2) RS
Neb. Not more than the legal rate provided for in section 33-141 RS Neb. shall be charged and paid for
such publication. (Ref 19-1101 RS Neb.)
(2) Publication shall be made in one (l) legal newspaper of general circulation in the City. If no
legal newspaper is published in the City, then such publication shall be made in one (1) legal
newspaper published or of general circulation within the County in which the City is located. (Ref .
19-1103 RS Neb.)
(C) (1) All warrants upon the Treasurer shall be paid in the order of their presentation therefor and
as otherwise provided in sections 77-2201 through 77-2215 RS Neb. (Ref 77-2201 RS Neb.)
(2) The Treasurer shall keep a warrant register, which register shall show in columns arranged
for that purpose the number, the date, and the amount of each warrant presented and. registered, the
particular fund upon which the same is drawn, the date of presentation, the name and address of the
person in whose name the warrant is registered, the date of payment, the amount of interest, and the total
amount paid thereon, with the date when notice to the person in whose name such warrant is registered
is mailed. (Ref 77-2202RS Neb.)
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(3) The Treasurer shall make duplicate receipts for all sums which shall be paid into his or her
office, which receipts shall show the source from which such funds are derived, and shall, by distinct
lines and columns, show the amount received to the credit of each separate fund, and whether the same
was paid in cash, in warrants, or otherwise. The Treasurer shall deliver one (1) of the duplicates to the
person making the payment and retain the other in his or her office. (Ref 77-2209 RS Neb.)
(4) The Treasurer shall daily, as money is received, foot the several columns of the cash book
and of the register, and carry the amounts forward, and at the close of each year, in case the amount of
money received by the Treasurer is insufficient to pay the warrants registered, he or she shall close the
account for that year in the register and shall carry forward the excess. (Ref. 77-2210 RS Neb.)
(5) The cash book, register, and retained receipts of the Treasurer shall at all times be open
_ to the inspection of any person in whose name any warrants are registered and unpaid. (Ref 77-2212
RS Neb.)
(D) The Treasurer shall permit any person to examine and copy the public records in the Treasurer's
custody, and may charge a fee for providing copies of a public record, as provided in sections 84-712
through 84-712.09 RS Neb.
(E) The Treasurer shall keep all money belonging to the City separate and distinct from his or her
own money. He or she shall cancel all bonds, coupons, warrants, and other evidences of debt against
the City, whenever paid by him or her, by writing or stamping on the face thereof, "Paid by the City
Treasurer," with the date of payment written or stamped thereon. He or she shall collect all special taxes,
allocate special assessments to the several owners, and obtain from the County Treasurer a monthly
report as to the collection of delinquent taxes. (Amended by Ord. Nos. 771, 6111102; 920, 2126114)
§ 1-205 APPOINTED OFFICIALS; TREASURER'S MONTHLY REPORT.
(Repealed by Ord. No. 771, 6/11/02)
§ 1-205.01 APPOINTED OFFICIALS; CONSOLIDATED OFFICES; CITY TREASURER
AND CITY CLERK.
The offices of the Plainview City Clerk and the Plainview City Treasurer shall be consolidated, and
the individual holding the office of City Clerk shall administer the duties of both offices. (Ord. No.
461, 10/14/86)
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The powers and duties of the office of Assistant Treasurer of Hospital Finance shall be to assist the
City Treasurer in performing the administrative duties imposed upon the City Treasurer pursuant to
Ordinance No. 258. In performing said duties the Assistant Treasurer of Hospital Finance shall be
supervised by and be responsible to the City Treasurer.
The Assistant Treasurer of Hospital Finance shall be required to furnish a bond securing the faithful
performance of his duties an amount not less than twenty-five thousand dollars ($25,000.00) with a
corporate surety to be approved by the Mayor. The premium for such bond shall be payable from the
Operation and Maintenance Account established for the Hospital by Ordinance No 258, as an expense
of operating and maintaining the Hospital.
The Hospital Administrator is hereby appointed to fill the office of Assistant Treasurer of Hospital
Finance to serve without compensation other than as Administrator of the Plainview Public Hospital.
-His term in said office shall be for so long as he shall be Administrator of the Plainview Public Hospital,
but subject to termination at any time by the Mayor and Council of the City of Plainview. (Amended by
Ord. No. 321, 11/13/78)
§ 1-208 APPOINTED OFFICIALS; CITY ADMINISTRATOR.
The Mayor may appoint an individual by and with the consent of a majority of the City Council, to
serve as a full time City Administrator. In the event that a full time Administrator is appointed, he shall
be the administrative head of the Municipal government under the direction and control of the Mayor
and City Council and shall be responsible to the Mayor and City Council for the efficient conduct of his
office. The office of the City Administrator may not be held by the Mayor. The appointed Administrator
may concurrently hold any other appointed office provided for in this Article.
In the event that a full time Administrator is not appointed by the Mayor:
1. The duties assigned by this Code to a City administrator shall be performed by the Mayor
and Council of the City, and such other officers or employees of the City as are designated herein or in
the City's Personnel Manual; and
2. The Mayor shall be responsible for coordinating the work of the various departments and
employees of the City, and shall provide a brief report at each Council meeting on the activities of the
past month and the needs and plans for future work.
The duties of the City Administrator (or such individual appointed or specified as set out above)
shall be all those duties assigned by this Code, together with the following duties:
1. He shall make and keep up to date an inventory of all property, real and personal, owned
by the Municipality.
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2. He shall act as purchasing agent for the purchase of all supplies, goods, wares and
merchandise, equipment and material which may be required for the various departments, divisions or
services of the Municipality.
3. He shall keep the Mayor and Council fully advised as to the financial condition and needs
of the Municipality and shall be responsible for and prepare the annual estimate of expenditures for
presentation to the Mayor and Council prior to the passage of the annual appropriation ordinance.
4 .. To serve as public relations officer of the Municipal government, and in such capacity to
endeavor to investigate and adjust all complaints filed against any employee, department, division or
service thereof and cooperate with all community organizations whose aim and purpose is to advance
the best interests of the Municipality and its people and to attend meetings of such organizations if in the
judgment of the Administrator such attendance is necessary and desirable.
5. To attend all meetings of the Council with the duty of reporting any matter concerning
Municipal affairs under his supervision or direction and to attend such other meetings of the Municipal
Departments and officials as his duties may require.
6. To analyze the functions, duties and activities of the various departments, divisions and
services of the Municipal government and of all employees thereof, and to make his recommendations
regarding the same to the Mayor and Council.
7. To carry out the Mayor and/or Council's recommendations and operations of the various
departments.
8.
To procure facts and submit long range improvements to the Mayor and Council.
9. Recommend to the Mayor and Council the appointment and dismissal of all department
heads over which he exercises jurisdiction. Appointment or dismissal of department heads will be made
upon the recommendation of the Mayor and confirmation by the Council. The City Administrator may
appoint and dismiss all subordinate employees of the Municipality, as well as provide for the transfer
of such employees from one department to another except those employees covered under the Civil
Service Act of the State.
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10. The City Administrator shall have the duty and the right to investigate and make
recommendations to the Mayor and City Council regarding duties and activities of any employee of the
Municipality covered under the Civil Service Act of the State and recommend to the Mayor and Council
the promotion, demotion, suspension, transfer or discharge of such employees.
11. Administer and be responsible for all departments and divisions of the Municipal
government, which are under the Mayor's and Council's direction, including the Board of Public Works
and any public utilities hereafter acquired by the Municipality and including Fire and Police
Departments, except insofar as such jurisdiction and administration conflicts with the Civil Service Law
pertaining to such Fire and Police Departments. The office of the Municipal Attorney and Municipal
Physician shall not come under the administration and responsibility of the City Administrator, said
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Administrator, however, to be available to assist these offices in any administrative matter that may arise
and those officers in turn shall be available to assist these offices in any administrative matter that may
arise and those officers in turn shall be available to assist the City Administrator in the discharge of his
duties.
12. Recommend to the Mayor and Council for adoption such measures and ordinances as are
deemed necessary or expedient.
13. Prepare and recommend to the Mayor and Council a classification and compensation plan.
14. Make investigations into the affairs of the Municipality and any department or division
thereof, and any contract, or the proper performance of any obligations pertaining to the Municipality.
15. Exercise general supervision over all public buildings, streets and other public property
which are under the control and jurisdiction of the Mayor and Council.
16. Prepare and submit to the Mayor and Council as of the end of the fiscal year, a complete
report on the finances and administrative activities of the Municipality for the preceding year.
17. Keep the insurable property of the Municipality appropriately insured.
18. Service in any appointed office or head of department within the Municipal government if
the need arises and when appointed thereto by the Mayor and Council and to hold and perform the duties
thereof at the pleasure of the Mayor.
19. The City Administrator shall have the duty to keep open his office for public affairs during
days and hours set by the Mayor and Council.
20. Perform such other duties and exercise such other powers as may be delegated to him from
time to time by ordinances or resolutions of the Council; and where action of the Council is not required
such duties and powers as may be prescribed by the Mayor.
The salary of the City Administrator shall be fixed by ordinance of the Council.
The City Administrator in the discharge of his duties shall have the right to expend an amount not
to exceed the limits set forth in the applicable State law, pertaining to Cities of the Second Class, when
entering into contracts for Municipal work and improvements or purchase of equipment, or any lesser
amounts set by the City Council, without advertising for bids and, within any dollar limitation as set by
the City Council to make any contract on behalf of the Municipality for general purchases, maintenances
and improvements, the expenditure limitation herein to apply to all departments of the Municipality.
- --...._,
The Administrator shall devote his entire time, attention and energies to the affairs of the
Municipality and shall not, during the term of his office or employment, be engaged in any other
business activity whether or not such business activity is pursued for gain, profit or other pecuniary
advantage.
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The Administrator is not authorized to obligate the Municipality for any expense or expenses for
entertainment, travel, or similar items without the prior approval of the Mayor and Council. In the event
of the authorization by the Mayor and Council to the Administrator to incur such expenses, the
Administrator will be reimbursed by the Municipality from time to time upon submission of an itemized
account of such expenditures.
The Administrator shall be entitled each year to a vacation based upon the number of days granted by
the Municipality to other employees of the Municipality.
If the Administrator is unable to perform his services by reason of illness or incapacity, the
compensation otherwise payable to him during the continued period of such illness shall be based upon
the policy adopted by the Municipality then in effect with reference to other employees of the
.Municipality. Notwithstanding anything herein to the contrary, the Municipality may terminate such
employment at any time after the Administrator shall be absent from his employment for whatever cause
for a continuous period of more than three (3) months. The City Administrator may be removed by the
Mayor. (Ref 17-107 RS Neb.) (Amended by Ord. No. 440, 10/9/84)
§ 1-209 APPOINTED OFFICIALS; MUNICIPAL ATTORNEY.
The Municipal Attorney 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 Governing
Body. When requested by the Governing Body, he shall attend meetings of the Governing Body, and
shall advise any Municipal Official in all matters of law in which the interests of the Municipality may
be involved. He shall draft such ordinances, bonds, contracts, and other writings as may be required
in the administration of the affairs of the Municipality. He shall examine all bonds, contracts, and
documents on which the Governing Body will be required to act, and attach thereto a brief statement in
writing to all such instruments, and documents as to whether, or not, the document is in legal, and
proper form. Without direction, he shall appear, and prosecute all cases for violation of the Municipal
ordinances that have been appealed to, and are pending in any higher court. He shall also examine, when
requested to do so by the Governing Body, the ordinance records, and advise, and assist the Municipal
Clerk as much as may be necessary to the end that each procedural step will be taken in the passage of
each ordinance to insure that they will be valid, and subsisting local laws in so far as their passage, and
approval are concerned. The Governing Body shall have the right to compensate the Municipal Attorney
for legal services on such terms as the Governing Body and the Municipal Attorney may agree, and to
employ any additional legal assistance as may be necessary out of the funds of the Municipality. (Ref
17-610 RS Neb.) (Amended by Ord. No. 316, 5/8/78)
§ 1-210 APPOINTED OFFICIALS; MUNICIPAL PHYSICIAN.
The Municipal Physician shall be a member of the Board of Health of the Municipality, and perform
the duties devolving upon him as the medical advisor of the said board. In all injuries where a liability
may be asserted against the Municipality, the Municipal Physician shall immediately investigate the said
injuries, the extent thereof, and the circumstances. He shall then report the results of his investigation
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with the name of the party injured, and all other persons who may have personal knowledge of the
matter. He shall make all physical examinations, and necessary laboratory tests incident thereto, and
issue such health certificates as are required by ordinance. For the purpose of making examinations of
the sanitary conditions of the property, and the state of health of the inhabitants therein, he shall have
the right at all reasonable hours to go upon, and enter all premises, buildings, or other structures in the
Municipality. He shall perform such other duties as may be required of him by the laws of the State of
Nebraska, and the ordinances of the Municipality. When ordered to do so by the Governing Body he
shall disinfect, or fumigate the premises, or persons in or about the premises, when the premises are
quarantined, and to call upon indigent sick persons, and perform other professional services at the
direction of the Governing Body. The Municipal Physician shall receive as compensation for his services such
sum as the Governing Body may from time to time set. He shall receive no compensation for his services
as a member of the Municipal Board of Health. (Ref. 17-121 RS Neb.)
§ 1-211 APPOINTED OFFICIALS; MUNICIPAL POLICE CIDEF.
Chief shall direct the police work of the Municipality and shall be responsible for the maintenance
of law and order. He shall act as Health Inspector, and Building Inspector, except in the event the
Municipality appoints another person. He shall file the necessary complaints in cases arising out of
violations of Municipal ordinances, and shall make all necessary reports required by the Municipal
ordinances, or the laws of the State of Nebraska. (Ref. 17-107, 17-121 RS Neb.)
§ 1-212 APPOINTED OFFICIALS; MUNICIPAL POLICEMAN.
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The Municipal Police, whether regular, or special shall have the power to arrest all offenders against
the laws of the State of Nebraska, or the Municipality, by day or by night, and keep the said offenders
in the Municipal 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 Municipality. 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 Municipal Policeman shall be expected to be conversant, and knowledgeable with the Municipal
and State laws and no law enforcement official shall have any interest in any establishment having a
liquor license. Municipal Policemen shall have the duty to file such complaints and reports as may be
required by the Municipal ordinances, and the laws of the State of Nebraska. Any Municipal Policeman
who shall willfully fail, neglect, or refuse to make an arrest, or who purposely, and willfully fails to
make a complaint after an arrest is made shall be deemed guilty of a misdemeanor, and upon conviction
shall be fined. It shall be unlawful for the Governing Body to retain any Municipal Policeman in that
position after he shall have been duly convicted of the willful violation of any law of the United States
of America, the State of Nebraska, or any ordinance of the Municipality, except minor traffic violations.
It shall be the duty of every Municipal Policeman making a lawful arrest to search all persons in the
presence of some other person, whenever possible, and shall carefully keep, and produce to the proper
judicial official upon the trial everything found upon the person of such prisoners. All personal effects
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so taken from prisoners aforesaid shall be restored to them upon their release. The Governing Body may
from time to time provide the Municipal Police with such uniforms, equipment, and transportation as
may be essential in the performance of their official duties. (Ref. 17-107, 17-118, 17-124 RS Neb.)
§ 1-213 APPOINTED OFFICIALS; MUNICIPAL FIRE CIDEF.
The Municipal Fire Chief shall be elected by the members of the Fire Department. He shall enforce
all laws and ordinances covering the prevention of fires; the storage and use of explosives and flammable
substances; the installation of fire alarm systems; the maintenance of fire extinguishing equipment; the
regulation of fire escapes; and the inspection of all premises requiring adequate fire escapes. He shall
within two (2) days investigate the cause, origin, and circumstances of fires arising within his
jurisdiction. He shall, on or before the first (1st) day in April and October of each year, cause the
secretary to file with the Municipal Clerk, and the Clerk of the District Court a certified copy of the rolls
of all members in good standing in their respective companies in order to obtain the exemptions provided
by law. The Fire Chief, or his assistant in charge of operations at a fire may command the services of
any person present at any fire in extinguishing the same or in the removal, and protection of property.
Failure to obey such an order shall be a misdemeanor punishable by a fine. The Fire Chief shall have
the right to enter at all reasonable hours into buildings, and upon all premises within his jurisdiction for
the purpose of examining the same for fire hazards, and related dangers. (Ref 17-147, 17-505, 35-102,
35-108, 81-506, 81-512 RS Neb.)
§ 1-214 APPOINTED OFFICIALS; SPECIAL ENGINEER.
The Governing Body may employ a Special Engineer to make any particular estimate, survey, or
other work. The Special Engineer shall make a record of the minutes of his surveys and all other work
done for the Municipality. He shall, when directed by the Governing Body, accurately make all plats,
sections, profiles, and maps as may be necessary in the judgment of the Governing Body. He shall, upon
request of the Governing Body, make estimates of the costs of labor and material which may be done
or furnished by contract with the Municipality, and make all surveys, estimates, and calculations
necessary for the establishment of grades, bridges, or culverts and for the building, constructing, or
repairing of any public improvement of the Municipality . .All records of the Special Engineer shall be
public records which shall belong to the Municipality, and shall be turned over to his successor. He
shall, when directed by the Governing Body, inspect all works of public improvement, and if found to
be properly done, shall accept the same, and report his acceptance to the Governing Body. He shall
estimate the cost of all proposed Municipal utilities and public improvements, together with any
extensions thereof which the Governing Body may propose to construct or improve. (Ref 17-405,
17-568, 17-919 RS Neb.)
§ 1-215 APPOINTED OFFICIALS; ZONING INSPECTOR.
The Mayor may appoint a Zoning Inspector. In the absence of a specific appointment by the Mayor,
the City Administrator is hereby designated as Zoning Inspector.
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§ 1-216 APPOINTED OFFICIALS; CIVIL DEFENSE DIRECTOR.
Pursuant to Chapter 81, Article 8, of the Revised Statutes of Nebraska, the Governing Body may
appoint a Civil Defense Director to establish and implement a civil defense organization in accordance
with the state civil defense plan and program. The term of office shall be one (1) year, unless sooner
removed by the Mayor. Appointment of a Civil Defense Director shall be made during the month of
December. (Ord. No. 571, 12/14/93)
§ 1-217 APPOINTED OFFICIALS; ASSISTANT TREASURER OF MANOR FINANCE.
The powers and duties of the office of Assistant Treasurer of Manor Finance shall be to assist the
City Treasurer in performing the administrative duties imposed upon the City Treasurer. In performing
said duties the Assistant Treasurer of Manor Finance shall be supervised by and be responsible to the
City Treasurer.
.r<.
The Assistant Treasurer of Manor Finance shall be required to furnish a bond securing the faithful
performance of his duties in an amount not less than twenty-five thousand dollars ($25,000.00) with a
corporate surety to be approved by the Mayor. The premium for such bond shall be payable from the
Operation and Maintenance Account established for the Manor, as an expense of operating and
maintaining the Manor.
The Manor Administrator is hereby appointed to fill the office of Assistant Treasurer of Manor
Finance to serve without compensation other than Administrator of the Plainview Manor. His/her term
in said office shall be for so long as he/she shall be Administrator of the Plainview Manor, but subject
to termination at any time by the Mayor and Council of the City of Plainview. (Ord. No. 577, 7/12/94)
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ARTICLE 3: BONDS AND OATH
§ 1-301 BONDS; REQUIREMENTS.
(A) The City may enact ordinances or bylaws to require from all officers and servants, elected or
appointed, bonds and security or evidence of equivalent insurance for the faithful performance of their
duties. The City may pay the premium for such bonds or insurance coverage. (Ref 17-604 RS Neb.)
(B) (1) All official bonds of officers of the City shall be in form joint and several and made payable
to the City in such penalty as the City Council may fix.
(2) In place of the individual bonds required to be furnished by municipal officers, a schedule,
position, blanket bond or undertaking, or evidence of equivalent insurance may be given by municipal
officers, or a single corporate surety fidelity, schedule, position, or blanket bond or undertaking, or
evidence of insurance coverage covering all the officers, including officers required by law to furnish
an individual bond or undertaking, may be furnished. The Municipality may pay the premium for the
bond or insurance coverage. The bond or insurance coverage shall be, at a minimum, an aggregate of the
amounts fixed by law or by the City Council, and with such terms and conditions as may be required. (Ref
11-104 RS Neb.)
(3) The penalty amount on any bond shall not fall below the legal minimum, when one has been
set by the state, for each particular official.
(C) (1) Official bonds, with the oath endorsed thereon, shall be filed in the City Clerk's office
within the following time:
(a) Of all officers elected at any general election, following receipt of their election
certificate and not later than ten (10) days before the first Thursday after the first Tuesday in January
next succeeding the election;
·
(b) Of all appointed officers, within thirty (30) days after their appointment; and
( c) Of officers elected at any special election and City officers, within thirty (30) days after
the canvass of the votes of the election at which they were chosen.
(2) The filing of the bond with the oath endorsed thereon does not authorize a person to take
any official action prior to the beginning of his or her term of office pursuant to Article XVII, section
5, of the Constitution of Nebraska. (Ref 11-105 RS Neb.)
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(D) All official bonds of City officers shall be executed by the principal named in such
bonds and by at least two (2) sufficient sureties who shall be freeholders of the County in
which such bonds are given, or any official bond of a City officer may be executed by
the officer as principal and by a guaranty, surety, fidelity, or bonding company as surety,
or by two (2) or more such companies. Only such companies as are legally authorized to
transact business in this State shall be eligible to surety-ship on the bond of a City officer.
(Ref 11-109 RS Neb.)
(E) The City Clerk shall carefully record and preserve the bonds in his or her office and
shall give certified copies thereof, when required, under the seal of his or her office, and shall
be entitled to receive for the same the usual fee allowed by law for certified copies of records
in other cases. (Ref 11-110 RS Neb.)
(F) (1) The approval of each official bond shall be endorsed upon such bond by
the officer approving the same, and no bond shall be filed and recorded until so approved.
(Ref 11-111 RS Neb.)
(2) No bond shall be deemed to be given or complete until the approval of the City
Council and all sureties are endorsed in writing on the instrument by the Mayor and City
Clerk pursuant to the approval of the City Council.
(G) All official bonds shall obligate the principal and sureties for the faithful discharge of all
duties
------ required by law of such principal and shall inure to the benefit of any persons injured by
a breach of the
conditions of such bonds. (Ref 11-112 RS Neb.)
(H) No official bond shall be rendered void by reason of any informality of
irregularity in its execution or approval. (Ref 11-113 RS Neb.)
(I) No City official shall be taken as security on the bond of any administrator,
executor, or other officer from whom by law bond is or may be required. (Ref 11-114 RS
Neb.)
If any person elected or appointed to any office neglects to have his or her
official bond executed and approved as provided by law and filed for record within the time
limited by this section, the City Clerk shall immediately issue an order to such person to-show
cause why he or she has failed to properly file such bond and why his or her office should
not- be declared vacant. If such person properly files the official bond within ten (10) days of
the issuance of the show cause order for appointed officials or before the date for taking office
for elected officials, such filing shall be deemed to be in compliance with this section. If such
person does not file the bond within ten (10) days of the issuance of such order for appointed
officials or before the date for taking office for elected officials and sufficient cause is not shown
within that time, his or her office shall thereupon ipso facto become vacant and such vacancy
shall thereupon immediately be filled by election or appointment as the law may direct in other
cases of vacancy in the same office. (Ref 11-115 RS Neb.)
(J)
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(K) Any person appointed to fill a vacancy, before entering upon the duties of the office, must give
a bond corresponding in substance and form with the bond required of the officer originally elected or
appointed, as herein provided. (Ref 11-116 RS Neb.)
(L) When the incumbent of an office is reelected or reappointed, he or she shall qualify by taking
the oath and giving the bond as above directed, but when such officer has had public funds or property
in his or her control, his or her bond shall not be approved until he or she has produced and fully
accounted for such funds and property. When it is ascertained that the incumbent of an office holds over
by reason of the nonelection or non-appointment of a successor or of the neglect or refusal of the
successor to qualify, he or she shall qualify anew within ten (10) days from the time at which his or her
successor, if elected, should have qualified. (Ref 11-117 RS Neb.)
(M) No person shall be surety for the same officer for more than two (2) successive terms of the
same office, but this provision shall not apply to incorporated surety companies. (Ref 11-118 RS Neb.)
~.
(N) If the sureties on the official bond of any appointed officer of the City, in the opinion of the City
Council, become insufficient, the Council may, by resolution, fix a reasonable time within which the
officer may give a new bond or additional sureties as directed. If the officer fails, refuses, or neglects
to give a new bond or additional sureties to the satisfaction and approval of the Council, the office shall,
by such failure, refusal, or neglect, become vacant and it shall be the duty of the Council to appoint a
competent and qualified person to fill the office. (Amended by Ord. Nos. 466, 11/3/87; 902, 8/15/12;
920, 2/26/14)
§ 1-302 OATH OF OFFICE; MUNICIPAL OFFICIALS.
All officials of the Municipality, whether elected or appointed, except when a different oath is
specifically provided herein, shall, before entering upon their respective duties, take and subscribe the
following oath which shall be endorsed upon their respective bonds:
-r-r-,
"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 over throw of the government
of the United States or of this State by force or violence. So help me God."
(Ref 11-101 RS Neb.)
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ARTICLE 4: CORPORATE SEAL
§ 1-401 SEAL; OFFICIAL CORPORATE.
The official Corporate Seal of the Municipality shall be kept in the office of the Municipal Clerk,
and shall bear the following inscription, "City of Plainview, Corporate Seal, Plainview, Nebraska."
The Municipal Clerk shall affix an impression of the said official seal to all warrants, licenses, permits,
ordinances, and all other official papers issued by order of the Governing Body and countersigned by
the Municipal Clerk. (Ref 17-502 RS Neb.)
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ARTICLE 5: MEETINGS
§ 1-501 MEETINGS; DEFINED.
Meetings, as used in this Article shall mean all regular, special, or called meetings, formal or
informal, of a public body for the purposes of briefing, discussion of public business, formation of
tentative policy, or the taking of any action. (Ref 84-1409(2) RS Neb.) (Amended by Ord. No. 412,
12/13/83)
§ 1-502 MEETINGS; PUBLIC BODY DEFINED.
A. Public Body as used in this Article shall mean:
1.
The Governing Body of the Municipality,
2. All independent boards, commissions, bureaus, committees, councils, subunits, or any
other bodies, now or hereafter created by Constitution, statute, ordinance or otherwise pursuant to law,
and
3.
Advisory committees of the bodies listed above.
B. This Article shall not apply to subcommittees of such bodies unless a quorum of the public body
attends a subcommittee meeting or unless such subcommittees are holding hearings, making policy or
taking formal action on behalf of their parent body. (Ref 84-1409(1) RS Neb.) (Amended by Ord. Nos.
412, 12/13/83;555, 2/9/93)
§ 1-503 MEETINGS; PUBLIC.
-~.
All public meetings as defined by law shall be held in a Municipal public building which shall be
open to attendance by the public. All meetings shall be held in the public building in which the
Governing Body 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 Governing Body and to the
public by a method designated by the Governing Body or by the Mayor if the Governing Body 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 the notice, or a statement that such an agenda
kept continually current shall be readily available for public inspection at the office of the Municipal
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Clerk. Except for items of an emergency nature, the agenda shall not be enlarged later than twenty-four
(24) hours before the scheduled commencement of the meeting. The Governing Body shall have the
right to modify the agenda to include items of an emergency nature only, at such public meetings. The
minutes of the Municipal Clerk shall include the record 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 Governing Body present or absent at each convened meeting. The minutes of the Governing Body
shall be a public record open to inspection by the public upon request at any reasonable time at the office of
the Municipal Clerk. Any official action on any question or motion duly moved and seconded shall be
taken only by roll call vote of the Governing Body in open session. The record of the Municipal Clerk
shall show how each member voted, or that the member was absent and did not vote. (Ref. 84-1408,
84-1409, 84-1411, 84-1413 RS Neb.) (Amended by Ord. No. 412, 12/13/83)
§ 1-504 MEETINGS; CLOSED SESSIONS.
(A) (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. The subject matter and the reason necessitating the closed session shall be identified
in the motion to close. Closed sessions 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· n not requested a public meeting.
(2) Nothing in this section shall permit a closed meeting for discussion of the appointment or
election of a new member to any public body.
(B) The vote to hold a closed session shall be taken in open session. The entire motion, the vote
of each member on the question of holding a closed session, and the time when the closed session
commenced and concluded shall be recorded in the minutes. If the motion to close passes, then the
presiding officer immediately prior to the closed session shall restate on the record the limitation of the
subject matter at the closed session. The public body holding such a closed session shall restrict its
consideration of matters during the closed portions to only those purposes set forth in the motion to close
as the reason for the closed session. The meeting shall be reconvened in open session before any formal
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action may be taken. For purposes of this section, formal action means a collective decision or a
collective commitment or promise to make a decision on any question, 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
division (A)(l)(a) of this section.
(C) Any member of any 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:
( 1) The protection of the public interest or
(2) 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.
challenge and its disposition shall be recorded in the minutes.
Such
(D) Nothing in this section shall be construed to require that any meeting be closed to the public.
(Ref 84-1410 RS Neb.)(Amended by Ord. Nos. 412, 12/13/83;556, 219193; 832, 2/8/05)
§ 1-504.05
MEETINGS; PROIDBITED ACTS; EXEMPT EVENTS.
(A) 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
this Article or the Open Meetings Act. No closed session, informal meeting, chance meeting, social
gathering, email, fax, or electronic communication shall be used for the purpose of circumventing the
requirements of this Article or the Act.
(B) This subchapter and the Act 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, if there is no vote or other action. taken regarding any matter over which the
public body has supervision, control, jurisdiction, or advisory power. (Ref. 84-1410 RS Neb.) (Ord.
No. 832, 2/8/05)
§ 1-505 MEETINGS; EMERGENCY MEETINGS.
When it is necessary to hold an emergency meeting without reasonable advance public notice, the
nature of the emergency shall be stated in the minutes and any formal action taken in such meeting shall
pertain only to the emergency. Such emergency meetings may be held by means of electronic or
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Tele-communication equipment. The provisions of section 1-508 of this Article shall be complied with
in conducting emergency meetings. Complete minutes of such emergency meetings specifying the nature
of the emergency and any formal action taken at the meeting shall be made available to the public by no
later than the end of the next regular business day. (Ref 84-1411 RS Neb.) (Amended by Ord. No. 412,
12/13/83)
§ 1-506 MEETINGS; MINUTES.
(A) Each public body shall keep minutes of all meetings showing the time, place, members present
and absent, and the substance of all matters discussed.
(B) The minutes of all meetings and evidence and documentation received or disclosed in open
session shall be public records and open to public inspection during normal business hours.
(C) Minutes shall be written and available for inspection within ten (10) working days, or prior to
the next convened meeting, whichever occurs earlier, except that the City may have an additional ten
( 10) days if the employee responsible for writing the minutes is absent due to a serious illness or
emergency.
(Ref 84-1413 RS Neb.)
§ 1-507 MEETINGS; VOTES.
Any action taken on any question or motion duly moved and seconded shall be by roll call vote of
the public body in open session, and the record shall state how each member voted, or if the member
was absent or not voting.
The vote to elect leadership within a public body may be taken by secret ballot, but the total number
of votes for each candidate shall be recorded in the minutes. (Ref 17-616, 84-1413 RS Neb.)
§ 1-508 MEETINGS; NOTICE TO NEWS MEDIA.
The Municipal Clerk, in the case of the City Council, and the Secretary, or other 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 84-1411 RS Neb.)
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§ 1-509 MEETINGS; PUBLIC PARTICIPATION.
Subject to the provisions of this Article, the public shall have the right to attend and the right to peak
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 1-504 may be videotaped, televised, photographed, broadcast, or recorded by
any person in attendance by means of a tape recorder, 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 nor
shall such body require that the name of any member of the public be placed on the agenda prior to such
meeting in order to speak about items on the agenda. The body may require any member of the public
desiring to address the body to identify himself or herself. No public body shall for the purpose of
circumventing the provisions of this Article hold a meeting in a 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 meeting in its traditional meeting place which is located in this State. No public body shall
hold a meeting outside the State of Nebraska. The public body shall, upon request, make a reasonable
effort to accommodate the public's right to hear the discussion and testimony presented at the meeting.
Public bodies shall make available at the meeting, for examination and copying by members of the
public, at least one (1) copy of all reproducible written material to be discussed at an open meeting.
Public bodies shall make available at least one (1) current copy of the Open Meetings Act posted in the
meeting room at a location accessible to members of the public. At the beginning of the meeting, the
public shall be informed about the location of the posted information. (Ref 84-1412 RS Neb.) (Amended
by Ord. Nos. 412, 12/13/83;451, 10/8/85)
§ 1-510 MEETINGS; GOVERNING BODY. (Repealed by Ord. No. 452, 10/8/85)
§ 1-511 MEETINGS; ORDER OF BUSINESS.
All meetings of the Governing Body shall be open to the public. Promptly at the hour set by law on
the day of each regular meeting, the members of the Governing Body, the Municipal Clerk, the Mayor,
and such other Municipal officials that may be required shall take their regular stations in the meeting
place, and the business of the Municipality shall be taken up for consideration, and disposition in the
manner prescribed by the official agenda on file at the office of the Municipal Clerk.
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§ 1-512 MEETINGS;
Plainview - Administrative
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 Municipal 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
successor in office all property, records, papers and moneys, belonging to the same. (Ref 17-107.02(9)
RS Neb.)
§ 1-513 MEETINGS; ORGANIZATIONAL.
The newly elected Council shall convene at the regular place of meeting in the City on the first (1st)
regular meeting in December of each year in which a Municipal 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 candidates for appointive offices. He
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 or her successor in office, and of each officer elected to any office, to
qualify prior to the first (1st) regular meeting in December following his election. All appointive officers
shall qualify within two (2) weeks following their appointments. Qualification for each officer who is
not required to give bond shall consist in his subscribing and taking an oath to support the Constitution
of the United States, the Constitution of the State of Nebraska, the laws of the Municipality and to
perform faithfully and impartially the duties of his office, said oath to be filed in the office of the
Municipal Clerk. Each officer who is required to give a bond shall file the required bond in the office
of the Municipal Clerk with sufficient sureties, conditioned on the faithful discharge of the duties of his
office, with the oath endorsed thereon.
§ 1-514 MEETINGS; REGULAR MEETING.
(1) The meetings of the City Council shall be held in the meeting place of the Municipality.
Regular meetings shall be held on the second (2nd) Tuesday of each month at the hour of Seven (7:00)
o'clock P.M.
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(2) A majority of all the members elected to the City Council shall constitute a quorum for the
transaction of any business, but a fewer number may adjourn from time to time and compel the
attendance of absent members. Unless a greater vote is required by law, an affirmative vote of at least
one-half of the elected members shall be required for the transaction of any business. (Ref 17-105 RS
Neb.) (Ord. No. 452, 10/8/85) (Amended by Ord. Nos. 636, 2/13/96; 688, 10/9/97;714, 9110198;722,
4/8/99;729, 9/14/99;734, 4/13/00)
§ 1-515 MEETINGS; 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 Municipal Clerk. On filing the call for a special
meeting, the Municipal Clerk shall notify the Council members 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 Municipal 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 1, Article
6 herein. (Ref 17-106 RS Neb.) (Ord. No. 452, 10/8/85)
§ 1-516 MEETINGS; VIDEO CONFERENCING, WHEN ALLOWED.
839, 2/8/05)
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ARTICLE 6: ORDINANCES, RESOLUTIONS AND MOTIONS
§
1-601 ORDINANCES, RULES, AND RESOLUTIONS;GRANT OF POWER.
The Governing Body may make all ordinances, bylaws, rules, regulations, and resolutions, not
inconsistent with the laws of the State of Nebraska, as may be expedient for maintaining the peace, good
government, and welfare of the Municipality and its trade, commerce, and manufactories. (Ref 17-505
RS Neb.) (Amended by Ord. No. 669, 7/8/97)
§ 1-602 ORDINANCES;INTRODUCTION.
Ordinances shall be introduced by members of the Governing Body 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 substance of his proposed ordinance and
file a copy of the same with the Municipal Clerk for future consideration;
2. Or with the recognition of the Mayor, a Council member may present his proposed
ordinance to the Clerk who in the presence and hearing of a majority of the members elected to the
Council, shall read aloud the substance of the same and shall file the same for future consideration.
3. Or, copies of the proposed Ordinance shall be given to the Mayor and Governing Body
prior to introducing said Ordinance and then only the title shall be required to be read. Copies of
Ordinances introduced by this method shall be available to any person attending the meeting.
(Amended by Ord. No. 313, 5/8/78)
§ 1-603 RESOLUTIONSAND MOTIONS.
Resolutions and motions shall be introduced in one' of the methods prescribed for the introduction of
ordinances. 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.
(Amended by Ord. No. 312, 518178)
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§ 1-604 ORDINANCES; STYLE.
The style of all Municipal ordinances shall be:
"Be it ordained by the Mayor and Council of the City of Plainview, Nebraska:" (Ref 17-613
RS Neb.)
§ 1-605 ORDINANCES; TITLE.
No ordinance shall contain a subject not clearly expressed in its title. (Ref 17-614 RS Neb.)
§ 1-606
ORDINANCES, RESOLUTIONS, ORDERS, BYLAWS; READING; PASSAGE.
(A) All ordinances and resolutions or orders for the appropriation or payment of money shall require
for their passage or adoption the concurrence of a majority of all members elected to the City Council. The
Mayor may vote when his or her vote would provide the additional vote required to attain the number
of votes equal to a majority of the number of members elected to the Council, and the Mayor
shall, for the purpose of such vote, be deemed to be a member of the Council. Ordinances of a general
or permanent nature shall be read by title on three different days unless three-fourths (3/4) of the City
Council vote to suspend this requirement, except that this requirement shall not be suspended for any
ordinance for the annexation of territory. In case this requirement is suspended, the ordinance shall be
read by title and then moved for final passage. Three-fourths (3/4) of the City Council may require a
reading of any such ordinance in full before enactment under either procedure set out in this section. (Ref
17-614 RS Neb.)
~, -,
(B) On the passage or adoption of every bylaw or ordinance, and every resolution or order to enter
into a contract by the City Council, the yeas and nays shall be called and recorded. To pass or adopt
any bylaw, ordinance, or any such resolution or order, a concurrence of a majority of the whole number of
members elected to the City Council shall be required. All appointments of the officers by the City Council
shall be made viva voce, and the concurrence of-a like majority shall be required, and the names of those,
and for whom they voted, on the vote resulting in an appointment, shall be recorded. The requirements of
a roll call or viva voce vote shall be satisfied by a city which utilizes an electronic voting device which
allows the yeas and nays of each member of the City Council to be readily seen by the public. (Ref 17616 RS Neb.)
(Amended by Ord. Nos. 606, 2/14/95; 670, 718197; 920, 2/26/14)
§1-607 ORDINANCES; PUBLICATION OR POSTING.
All ordinances of a general nature shall, before they take effect, be published one (1) time, within
fifteen (15) days after they are passed:
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(1) In some newspaper published in the Municipality or, if no paper is published in the
Municipality, then by posting a written or printed copy in each of three (3) public places in the
Municipality; or
(2) In book or pamphlet form. (Ref 17-613 RS Neb.) (Amended by Ord. Nos. 463, 11/11/86; 671,
7/8/97)
§ 1-608 ORDINANCES; CERTIFICATE OF PUBLICATION OR POSTING.
The passage, approval, and publication or posting of all ordinances shall be sufficiently proven by
a certificate under the Seal of the Municipality from the Municipal 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 17-613 RS Neb.)
§ 1-609 ORDINANCES; EFFECTIVE DATE; EMERGENCY ORDINANCES.
(1) Except as provided in subsection (2) of this section, an ordinance for the government of the
Municipality which has been adopted by the Governing Body without submission to the voters of the
Municipality shall not go into effect until fifteen (15) days after the passage of the ordinance.
(2) In the case of riot, infectious or contagious diseases, or other impending danger, failure of a
public utility, or any other emergency requiring its immediate operation, an ordinance shall take effect
upon the proclamation of the Mayor and the posting thereof in at least three (3) of the most public places
in the Municipality. Such emergency ordinance shall recite the emergency, be passed by a three-fourths
(3/4) vote of the Governing Body, and be entered of record on the Municipal Clerk's minutes. (Ref
17-613, 19-3701 RS Neb.) (Amended by Ord. No. 672, 7/8/97)
§ 1-610 ORDINANCES; 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 is repealed,
except that an ordinance revising all the ordinances of the Municipality and modifications to zoning or
building districts may be adopted as otherwise provided by law. (Ref 17-614 RS Neb.) (Amended by
Ord. No. 673, 7/8/97)
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ARTICLE 7: ELECTIONS
§ 1-701 ELECTIONS; GENERALLY.
(A) All Municipal issues and offices shall be combined on the statewide primary and general
election ballots whenever possible. The issuance of separate ballots shall be avoided in a statewide
election if Municipal offices or issues can reasonably be combined with the nonpartisan ballot and state
law does not require otherwise. All Municipal elections involving the election of officers shall be held
in accordance with the Election Act and in conjunction with the statewide primary or general election.
(Ref 32-556 RS Neb.)
(B) When the Municipality holds an election in conjunction with the statewide primary or general
election, the election shall be held as provided in the Election Act. Any other election held by the
Municipality shall be held as provided in the Election Act unless otherwise provided by the charter,
code, or bylaws of the Municipality. (Ref 32-404 RS Neb.) (Amended by Ord. Nos. 292, 10/10/77;
833, 2/8/05)
§ 1-701.05
ELECTIONS; ELECTION OF OFFICERS; CERTIFICATIONS REQUIRED.
No later than January 5 of each even-numbered year, the City Council shall certify to the Election
Commissioner or the County Clerk, on forms prescribed by such official, 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 32-404 RS Neb.) (Ord. No. 833, 2/8/05)
§ 1-702
ELECTIONS; TERM OF OFFICE.
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All elected officers of the Municipality shall serve a term of four ( 4) years and until their successors
are elected and have qualified. (Ref 17-107.02 (2) RS Neb.)(Amended by Ord. No. 378, 12/8/81)
§ 1-703 ELECTIONS; PRIMARY ELECTION, NUMBER OF CANDIDATES FILING.
If the number of candidates properly filed for nomination at the primary election does not exceed
two (2) for each vacancy to be filled, all candidates properly filed shall be considered nominated, and
no primary election for their nomination shall be required. (Ref 17-107. 02 (4) RS Neb.)
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§ 1-704 ELECTIONS; CANDIDATE FILING FORMS; DEADLINES; FILING OFFICER.
(A) Any candidate may place his or her name on the primary election ballot by filing a candidate
filing form prescribed by the Secretary of State as provided in division (B). If a candidate is an
incumbent of any elective office, the filing period for filing the candidate filing form shall be between
December 1 and February 15 prior to the date of the primary election. No incumbent who resigns from
elective office prior to the expiration of his or her term shall file for any office after February 15 of that
election year. All other candidates shall file for office between December 1 and March 1 prior to the date of
the general election. (Ref 32-606 RS Neb.)
(B) Candidate filing forms shall be filed in the office of the Election Commissioner or County
Clerk. (Ref 32-607 RS Neb.) (Ord. No. 1-704, 5/8/12)
Statutory reference:
Filling of vacancy on ballot, see 32-625 and 32-627 RS Neb.
Withdrawal after filing, see 32-622 RS Neb.
§ 1-705 ELECTIONS; 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 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 17-107.02(6) RS Neb.)
§ 1-706 ELECTIONS; GENERAL ELECTION, PREPARATION OF BALLOT.
When more than one person becomes a candidate by filing, petition, or write-in procedures for the
same position in the primary, the County Clerk, in preparing the official ballot for the general election
shall place thereon the names of the persons who received the greatest number of votes in the primary,
but in no event shall the names on the general election ballot be more than twice the number of vacancies
to be filled at the general election.
The County Clerk shall place the names of the candidates on the general election ballot in the direct order
according to the number of votes received at the primary election. If no primary election was held, the name
of the candidates shall be placed upon the general election ballot in the order of their filing. (Ref 17-
107.02(6)&(7) RS Neb.) (Amended by Ord. No. 377, 12/8/81)
§ 1-707 ELECTIONS; ELECTION TO TERMS.
(Repealed by Ord. No. 377, 12/8/81)
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§ 1-708 ELECTIONS; FILING FEE.
Prior to the filing of any nomination papers, there shall be paid to the Municipal Treasurer a filing
fee which shall amount to one (1 % ) percent 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 five hundred ($500.00)
dollars per year. No nominating papers shall be filed until the proper Municipal Treasurer's receipt,
showing the payment of the filing fee, shall be presented to the election officer with whom the
nomination papers are to be filed. (Ref 32-513 RS Neb.) (Amended by Ord. No. 297, 10/10/77)
§ 1-709 ELECTIONS; SPECIAL.
(A) (1) Except as provided in section 77-3444 RS Neb., 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 sections 32-952 through 32-959 RS Neb. Any other special election shall be subject to
division (B) of this section.
·
(2) 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.
(3) After the Election Commissioner or County Clerk has received the certification of the issue
to be submitted, he or 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 ballots for early voting and shall also conduct the submission of the issue, including the receiving
and counting of ballots on the issue. The election returns shall be made to the Election Commissioner or
County Clerk. The 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 32-559 RS Neb.)
(B) Any special election under the Election Act shall be held on the first Tuesday following the
second Monday of the selected month unless otherwise specifically provided. No special election shall
be held under the Election Act in April, May, June, October, November, or December of an even•
numbered year unless it is held in conjunction with the statewide primary or general election. (Ref
32-405 RS Neb.) (Amended by Ord. Nos. 427, 9/11/84; 812, 3/9/04)
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§ 1-710 ELECTIONS; PETITION, WRITE-IN, AND OTHER CANDIDATES FOR GENERAL
ELECTION BALLOT; PROCEDURE.
(A) (1) Any registered voter who was not a candidate in the primary election and who was not
registered to vote with a party affiliation on or before March 1 in the calendar year of the general
election may have his or her name placed on the general election ballot for a partisan office by filing
petitions as prescribed in this section and section 32-621 RS Neb. or by nomination by political party
convention or committee pursuant to section 32-627 or 32-710 RS Neb.
(2) 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 or her name placed on the general election ballot
if a vacancy exists on the ballot under section 32-625(2) RS Neb. and the candidate files for the office
by petition as prescribed in divisions (B) and (C) of this section, or files as a write-in candidate as
prescribed in section 32-615 RS Neb., or is nominated by political party convention or committee
pursuant to section 32-710 RS Neb. (Ref 32-616 RS Neb.)
(B) Petitions for nomination shall conform to the requirements of section 32-628 RS Neb. 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. A sample copy of the petition shall be filed with
the filing officer prior to circulation. Petitions shall be signed by registered voters residing in the
municipality, if candidates are chosen at large, or in the ward in which the officer is to be elected, if
candidates are chosen by ward, and shall be filed with the filing officer in the same manner as provided
for candidate filing forms in section 1- 704. Petition signers and petition circulators shall conform to the
requirements of sections 32-629 and 32-630 RS Neb. No petition for nomination shall be filed unless
there is attached thereto a receipt showing the payment of the filing fee required pursuant to section
32-608 RS Neb. The petitions shall be filed by September 1 in the year of the general election. (Ref
32-617 RS Neb.)
(C) (1) 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 ten percent ( 10 % ) of the total number of
registered voters voting for Governor or President of the United States at the immediately preceding
general election in the municipality or in the ward in which the officer is 10 be elected, not to exceed two
thousand (2,000).
·
(2) 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 twenty percent (20 % ) of the total vote for
Governor or President of the United States at the immediately preceding general election within the
municipality or in the ward in which the officer is to be elected, as appropriate, not to exceed two
thousand (2,000). (Ref 32-618 RS Neb.) (Amended by Ord. Nos. 427, 9/11/84;699, 8/11/98;804,
4/8/03; 1-710, 5/8/12)
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§ 1-711 ELECTIONS; COUNCILMEN.
Councilmen shall be elected from the Municipality at large unless the residents of the Municipality
have voted to elect its Councilmen by wards. Councilmen shall serve for a term of four (4) years and
shall be a resident and qualified elector. If the election of Councilmen takes place by wards, each
nominee for Councilman shall be a resident and qualified elector of the ward for which he is a candidate,
and only residents of that ward may sign the candidate's nomination petitions. (Ref 5-108 RS Neb.)
§ 1-712 ELECTIONS;
VOTER QUALIFICATIONS.
Electors shall mean every 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 17-602, 32-102 RS Neb.)
§ 1-713 ELECTIONS; PROCLAMATION.
(Repealed by Ord. No. 293, 10/10/77)
§ 1-714 ELECTIONS; INABILITY TO ASSUME OFFICE.
(Repealed by Ord. No. 803, 4/8/03)
§ 1-715 ELECTIONS; RECOUNT OF BALLOTS.
The losing candidate for any office at the Municipal election may request a recount of the ballots
cast when the official canvass of such votes cast reveals that there is a difference of twenty-five (25)
votes or less between the total cast for the winner and the loser. Such recount shall be made if the losing
candidate files a written request therefor with the Municipal Clerk within three (3) days following the
completion of the official canvass. (Ref 19-3042 through 19-3050 RS Neb.)
§ 1-716 ELECTIONS; RECALL PROCEDURE.
(A) For the purpose of this section, the following definition shall apply unless the context clearly
indicates or requires a different meaning.
FILING CLERK. The Election Commissioner or County Clerk. (Ref 32-1301 RS Neb.)
(B) (1) The Mayor, any member of the City Council, and any other elected official of the City may be
removed from office by recall pursuant to this section.
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(2) The recall procedure and special election provisions of this section shall apply to members of
the City Council who are elected by ward. Only registered voters of such member's ward may sign a
recall petition or vote at the recall election. The recall election shall be held within the member's ward.
When a member of the City Council is nominated by ward in the primary election and elected at large
in the general election, the recall provisions shall apply to the registered voters at the general election.
(Ref 32-1302 RS Neb.)
(C) (1) A petition demanding that the question of removing the Mayor, a member of the City
Council, or any other elected official be submitted to the registered voters shall be signed by registered
voters equal in number to at least thirty-five percent (35 % ) of the total vote cast for that office in the last
general election, except that for City Council office for which more than one candidate is chosen, the
petition shall be signed by registered voters equal in number to at least thirty-five percent (35 % ) of the
number of votes cast for the person receiving the most votes for such office in the last general election.
The signatures shall be affixed to petition papers and shall be considered part of the petition.
(2) Petition circulators shall conform to the requirements of sections 32-629 and 32-630 RS
Neb.
(3) The petition papers shall be procured from the filing clerk. Prior to the issuance of such
petition papers, an affidavit shall be signed and filed with the filing clerk by at least one (1) registered
voter. Such voter or voters shall be deemed to be the principal circulator or circulators of the recall
petition. The affidavit shall state the name and office of the official sought to be removed, shall include
in typewritten form in concise language of sixty (60) words or less the reason or reasons for which recall
is sought, and shall request that the filing clerk issue initial petition papers to the principal circulator for
circulation. The filing clerk shall notify the official sought to be removed by any method specified in
section 25-505.01 RS Neb. or, if notification cannot be made with reasonable diligence by any of the
methods specified in section 25-505. 01 RS Neb., by leaving a copy of the affidavit at the official's usual
place of residence and mailing a copy by first-class mail to the official's last-known address. If the
official chooses, he or she may submit a defense statement in typewritten form in concise language of
sixty (60) words or less for inclusion on the petition. Any such defense statement shall be submitted to
the filing clerk within twenty (20) days after the official receives the copy of the affidavit. The principal
circulator or circulators shall gather the petition papers within -twenty (20) days after the receipt of the
official's defense statement. The filing clerk shall notify the principal circulator or circulators that the
necessary signatures must be gathered within thirty (30) days from the date of issuing the petitions.
(4) The filing clerk, upon issuing the initial petition papers or any subsequent petition papers,
shall enter in a record, to be kept in his or her office, the name of the principal circulator or circulators
to whom the papers were issued, the date of issuance, and the number of papers issued. The filing clerk
shall certify on the papers the name of the principal circulator or circulators 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 or circulators who check out petitions from the filing
clerk may distribute such petitions to persons who may act as circulators of such petitions.
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(5) Petition signers shall conform to the requirements of sections 32-629 and 32-630 RS Neb. Each
signer of a recall petition shall be a registered voter and qualified by his or her place of residence to vote
for the office in question. (Ref 32-1303 RS Neb.)
(D) Each petition paper shall conform to the requirements of section 32-1304 RS Neb.
(E) (1) The principal circulator or circulators shall file, as one (1) instrument, all petition papers
comprising a recall petition for signature verification with the filing clerk within thirty (30) days after
the filing clerk issues the initial petition papers to the principal circulator or circulators as provided in
division (C) of this section.
(2) Within fifteen (15) days after the filing of the petition, the filing 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 filing
clerk receives an affidavit signed by the person requesting his or her signature be removed before the
petitions are filed with the filing clerk for signature verification. If the petition is found to be sufficient,
the filing 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 filing clerk shall file the petition in his or her
office without prejudice to the filing of a new petition for the same purpose. (Ref. 32-1305 RS Neb.)
(F) (1) If the recall petition is found to be sufficient, the filing clerk shall notify the official whose removal
is sought and the City Council that sufficient signatures have been gathered. Notification of the official
sought to be removed may be by any method specified in section 25-505.01 RS Neb. or, if notification
cannot be made with reasonable diligence by any of the methods specified in section
25-505. 01 RS Neb., by leaving such notice at the official's usual place of residence and mailing a copy
by first-class mail to the official's last-known address.
(2) The City Council shall order an election to be held not less than thirty (30) nor more than
seventy-five (75) days after the notification of the official whose removal is sought under division (F)(l)
of this section, except that if any other election is to be held in the city within 90 days after such
notification, the City Council shall provide for the holding of the recall election on the same day. All
resignations shall be tendered as provided in section 32-~62 RS Neb. If the official whose removal is
sought resigns before the recall election is held, the City Council may cancel the recall election if the
City Council notifies the Election Commissioner or County Clerk of the cancellation at least sixteen (16)
days prior to the election, otherwise the recall election shall be held as scheduled.
(3) If the City Council fails or refuses to order a recall election within the time required, the
election may be ordered by the District Court having jurisdiction over a county in which the elected
official serves. If a filing clerk is subject to a recall election, the Secretary of State shall conduct the recall
election. (Ref 32-1306 RS Neb.)
(G) The form of the official ballot at a recall election held pursuant to division (F) of this section
shall conform to the requirements of section 32-1307 RS Neb.
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(H) (1) 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 or her term but may be subject to further recall attempts as provided in division (I) of this section.
(2) If a majority of the votes cast at a recall election are for the removal of the official named
on the ballot, he or 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 section and section
32-567 to 32-570 RS Neb.
(3) If the election results show a margin of votes equal to one percent (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 filing clerk that he or she does not want a recount.
( 4) If there are vacancies in the offices of a majority or more of the members of the City
Council or any other governing body 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.
(5) 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 or her removal or the removal of
any other member of the same governing body during the remainder of his or her term of office. (Ref.
32-1308 RS Neb.)
(I) No recall petition shall be filed against an elected official within twelve (12) months after a
recall election has failed to remove him or her from office or within six (6) months after the beginning
of his or her term of office or within six (6) months prior to the incumbent filing deadline for the office.
(Ref 32-1309 RS Neb.)
(Ord. No. 1-716, 5/8/12)
§ 1-717 ELECTIONS; CANDIDATE QUALIFICATION:S-.Any person seeking elected office in the Municipality shall be a registered voter prior to holding
such office and in addition shall have reached the age of majority. The Mayor and members of the
Council shall be residents and qualified electors of the City. They shall not hold any other public elective public
office, except for officers of public power districts, public power and irrigation districts, and public
utility companies. (Ref 17-108.02, 32-4,157 RS Neb.) (Ord. No. 427, 9/11/84)
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CHAPTER 8: FISCAL MANAGEMENT
§ 1-801 FISCAL MANAGEMENT; FISCAL YEAR.
The fiscal year of the Municipality and any public utility of the Municipality commences on October
1 and extends through the following September 30 except as provided in the Municipal Proprietary
Function Act. (Ref 17-701 RS Neb.) (Amended by Ord. No. 637, 2/13/96)
§ 1-802 FISCAL MANAGEMENT; PROPOSED BUDGET STATEMENT; CONTENTS;
AVAILABILITY; CORRECTION.
(A) The City Council shall annually prepare a proposed budget statement on forms prescribed
and furnished by the Auditor of Public Accounts. The proposed budget statement shall be made
available to the public prior to publication of the notice of the hearing on the proposed budget statement
pursuant to section 31-506 RS Neb. A proposed budget statement shall contain the following
information, except as provided by state law:
(1) For the immediately preceding fiscal year, the revenue from all sources, including motor
vehicle taxes, other than revenue received from personal and real property taxation, allocated to the
funds and separately stated as to each such source: the unencumbered cash balance at the beginning and
end of the year; the amount received by taxation of personal and real property; and the amount of actual
expenditures;
(2) For the current fiscal year, actual and estimated revenue from all sources, including motor
vehicle taxes, allocated to the funds and separately stated as to each such source: the actual
unencumbered cash balance available at the beginning of the year; the amount received from personal
and real property taxation; and the amount of actual and estimated expenditures, whichever is applicable.
This statement shall contain the cash reserve for each .fiscal year and shall note whether or not the reserve
is encumbered. The cash reserve projections shall be based upon the actual experience of prior years. The
cash reserve shall not exceed fifty percent (50%) of the total budget adopted exclusive of capital outlay
items;
(3) For the immediately ensuing fiscal year, an estimate of revenue from all sources, including
motor vehicle taxes, other than revenue to be received from taxation of personal and real property,
separately stated as to each such source: the actual or estimated unencumbered cash balances, whichever
is applicable, to be available at the beginning of the year; the amounts proposed to be expended during
the year; and the amount of cash reserve, based on actual experience of prior years, which cash reserve
shall not exceed fifty percent (50 % ) of the total budget adopted exclusive of capital outlay items;
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(4) A statement setting out separately the amount sought to be raised from the levy of a tax on
the taxable value of real property:
(a) For the purpose of paying the principal or interest on bonds issued by the City Council;
and
(b) For all other purposes.
(5) A uniform summary of the proposed budget statement, including each proprietary function
fund included in a separate proprietary budget statement prepared pursuant to the Municipal Proprietary
Function Act, and a grand total of all funds maintained by the City Council; and
(6) A list of the proprietary functions which are not included in the budget statement. These
proprietary functions shall have a separate budget statement which is approved by the City Council as
provided in the Municipal Proprietary Function Act.
(B) The actual or estimated unencumbered cash balance required to be included in the budget
statement by this section shall include deposits and investments of the City as well as any funds held by
the County Treasurer for the City and shall be accurately stated on the proposed budget statement.
(C) The City shall correct any material errors in the budget statement detected by the Auditor of
Public Accounts or by other sources. (Ref 13-504 RS Neb.)
(D) The estimated expenditures plus the required cash reserve for the ensuing fiscal year less all
estimated and actual unencumbered balances at the beginning of the year and less the estimated income
from all sources, including motor vehicle taxes, other than taxation of personal and real property shall
equal the amount to be received from taxes, and that amount shall be shown on the proposed budget
statement pursuant to this section. The amount to be raised from taxation of personal and real property,
as determined above, plus the estimated revenue from other sources, including motor vehicle taxes, and
the unencumbered balances shall equal the estimated expenditures, plus the necessary required cash
reserve, for the ensuing year. (Ref 13-505 RS Neb.) (Amended by Ord. Nos. 428, 9/11/84; 579,
7/12/94; 675, 7/8/97; 753, 5/8/01; 801, 4/8/03; 920, 2/16/14)
§ 1-802.1
FISCAL MANAGEMENT; DEFINITIONS.
For the purpose of this chapter, the following definition shall apply unless the context clearly
indicates or requires a different meaning.
BIENNIAL BUDGET. A budget by the City that provides for a biennial period to determine and
carry on the City's financial and taxing affairs.
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BIENNIAL PERIOD. The two (2) fiscal years comprising a biennium commencing in odd-numbered
or even-numbered years used by the City in determining and carrying on its financial and taxing affairs.
PUBLIC FUNDS.
All money, including non-tax money, used in the operation and functions of
governing bodies. If the City has a lottery established under the Nebraska County and Village Lottery
Act, only those net proceeds which are actually received by the City from a licensed lottery operator
shall be considered PUBLIC FUNDS, and PUBLIC FUNDS shall not include amounts awarded as
prizes. (Ref 13-503 RS Neb.) (Ord. No. 920, 2/26/14)
§ 1-803 FISCAL MANAGEMENT; PROPOSEDBUDGET STATEMENT; HEARING;
ADOPTION; CERTIFICATIONOF TAX AMOUNT.
(A) The City Council shall each year or biennial period conduct a public hearing on its proposed
budget statement. Notice of the place and time of the hearing, together with a summary of the proposed
budget statement, shall be published at least five (5) days prior to the date set for hearing in a newspaper
of general circulation within the City's jurisdiction. When the total operating budget, not including
reserves, does not exceed $10,000 per year or $20,000 per biennial period, the proposed budget
summary may be posted at the City Council's principal headquarters.
(B) After the hearing, the proposed budget statement shall be adopted, or amended and adopted as
amended, and a written record shall be kept of the hearing. The amount to be received from personal and
real property taxation shall be certified to the levying board after the proposed budget statement is adopted
or is amended and adopted as amended. The certification of the amount to be received from personal
and real property taxation shall specify separately the amount to be applied to the payment of principal
or interest on bonds issued by the City Council and the amount to be received for all other purposes.
(C) If the adopted budget statement reflects a change from that shown in the published proposed
budget statement, a summary of the changes shall be published within twenty (20) days after its adoption
in the manner provided in this section, but without provision for hearing, setting forth the items changed
and the reasons for the changes.
(D) Upon approval by City Council, the budget shall be filed with the Auditor of Public Accounts.
The Auditor may review the budget for errors in mathematics, improper accounting, and noncompliance with
the Nebraska Budget Act or sections 13-518 to 13-522 RS Neb. If the Auditor detects such errors, he or
she shall immediately notify the Council of such errors. The Council shall correct any such error as
provided in section 13-511 RS Neb. Warrants for the payment of expenditures provided in the budget
adopted under this section shall be valid notwithstanding any errors or noncompliance for which the
Auditor has notified the Council. (Ref 13-506 RS Neb.)
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(E) When a levy increase has been authorized by vote of the electors, the adopted budget statement
shall indicate the amount of the levy increase. (Ref 13-507 RS Neb.) (Amended by Ord. Nos. 800,
4/8/03; 920, 2/26/14
§ 1-804 FISCAL MANAGEMENT; ADOPTED BUDGET STATEMENT; FILING;
CERTIFICATION OF AMOUNT OF TAX.
(A) (1) After publication and hearing on the proposed budget statement and within the time
prescribed by law, the City Council shall file with and certify to the levying board or boards on or before
September 20 of each year or September 20 of the final year of a biennial period and file with the
Auditor of Public Accounts a copy of the adopted budget statement which complies with sections 13-518
to 13-522 RS Neb., together with the amount of the tax required to fund the adopted budget, setting out
separately:
(a) The amount to be levied for the payment of principal or interest on bonds issued by
the City Council; and
(b) The amount to be levied for all other purposes.
(2) Proof of publication shall be attached to the statements.
(B) The City Council, in certifying the amount required, may make allowance for delinquent taxes
not exceeding five percent (5 % ) of the amount required plus the actual percentage of delinquent taxes
for the preceding tax year or biennial period and for the amount of estimated tax loss from any pending
or anticipated litigation which involves taxation and in which tax collections have been or can be
withheld or escrowed by court order. For purposes of this section, anticipated litigation shall be limited
to the anticipation of an action being filed by a taxpayer who or which filed a similar action for the
preceding year or biennial period which is still pending. Except for such allowances, the City Council
shall not certify an amount of tax more than one percent (1 % ) greater or lesser than the amount
determined under section 13-505 RS Neb. (§ 1-802 of this Code).
(C) The City Council shall use the certified taxable values as provided by the County Assessor
pursuant to section 13-509 RS Neb. For the current year in setting or certifying the levy. The City
Council may designate one (1) of its members to perform any duty or responsibility required of the
Council by this section. (Ref 13-508 RS Neb.) (Amended by Ord. Nos. 294, 10/10/77; 580, 7/12/94;
638, 2/13/96; 676, 7/8/97; 920, 2/16/14)
§ 1-804.1 FISCAL MANAGEMENT; EXPENDITURES PRIOR TO ADOPTION OF BUDGET.
(A) On and after the first day of its fiscal year in 1993 and of each succeeding year or on or after
the first day of its biennial period and until the adoption of the budget by the City Council in September,
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The City Council may expend any balance of cash on hand for the current expenses of the City. Except
as provided in division (B) of this section, the expenditures shall not exceed an amount equivalent to the
total amount expended under the last budget in the equivalent period of the prior budget year or biennial
period. The expenditures shall be charged against the appropriations for each individual fund or purpose as
provided in the budget when adopted. (Ref 13-509.01 RS Neb.)
(B) The restriction on expenditures in division (A) of this section may be exceeded upon the express
finding of the City Council that expenditures beyond the amount authorized are necessary to enable the
City to meet its statutory duties and responsibilities. The finding and approval of the expenditures in
excess of the statutory authorization shall be adopted by the City Council in open public session.
Expenditures authorized by this section shall be charged against appropriations for each individual fund
or purpose as provided in the budget when adopted, and nothing in this section shall be construed to
authorize expenditures by the City in excess of that authorized by any other statutory provision. (Ref
13-509.02 RS Neb.) (Ord. No. 607, 2/14/95) (Amended by Ord. No. 920, 2/26/14)
§ 1-805
FISCAL MANAGEMENT; BUDGET PROCEDURE.
The Manual of instructions for City/Village: Budgets, prepared by the Auditor of Public Accounts,
State Capitol, Lincoln, Nebraska 68509 is incorporated by reference for the purpose of proper budget
preparation.
§ 1-806 FISCAL MANAGEMENT; APPROPRIATIONS.
The Governing Body shall adopt a budget statement pursuant to the Nebraska Budget Act, to be
termed "The Annual Appropriation Bill", in which are appropriated such sums of money as may be
deemed necessary to defray all necessary expenses and liabilities of the City. (Ref 17-706 RS Neb.)
(Amended by Ord. Nos. 582, 7/12/94; 639, 2/13/96)
§ 1-807 FISCAL MANAGEMENT; ALL PURPOSE. LEVY
..
'
The Governing Body 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 of thirty (30)
mills on the dollar upon the assessed valuation of all taxable property in the Municipality, except
intangible property. (Ref 19-1309 RS Neb.)
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§ 1-808 FISCAL MANAGEMENT; EXTRAORDINARY LEVY.
Otherwise authorized extraordinary levies to service and pay bonded indebtedness of the
Municipality and to pay judgments obtained against the Municipality may be made in addition to the all
purpose levy. (Ref 19-1309 RS Neb.)
§ 1-809 FISCAL MANAGEMENT; INADEQUATE VALUATION.
If the valuation of the Municipality has been reduced so that the maximum levy permitted by section
1-807 is inadequate to produce the necessary revenue, said maximum levy may be exceeded upon
presentation to the Governing Body of petitions signed by a majority of the registered voters of the
Municipality requesting such action and specifying the extent to, and the period of time, not to exceed
five (5) years, in which such maximum may be exceeded. No signature may be withdrawn after the
petitions have been filed with the Governing Body. The Governing Body shall cause such petitions,
accompanied by the certificate of the County Clerk that he has examined the petitions and that they have
been signed by a majority of the registered voters of the Municipality, to be filed with the County Board
in which the Municipality is located. After such filing, the Governing Body may exceed the maximum
mill levy to the extent and for the period of time specified in the petitions. (Ref 19-1309 RS Neb.)
§ 1-810 FISCAL MANAGEMENT; ALL PURPOSE LEVY, ALLOCATION.
The Governing Body shall allocate the amount raised by the all purpose levy to the several
departments of the Municipality in its annual budget and appropriation ordinance, or in other legal
manner, as the Governing Body shall deem best. (Ref 19-1310 RS Neb.)
§ 1-811 FISCAL MANAGEMENT; ALL PURPOSE LEVY, ABANDONMENT.
The Municipality shall be bound by their election of the all purpose levy during the ensuing fiscal
year, but may abandon such method in succeeding fiscal years. (Ref. '19-1311 RS Neb.)
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§ 1-812 FISCAL MANAGEMENT; EXPENDITURES.
No Municipal official shall have the power to appropriate, issue, or draw any order or warrant on
the Municipal Treasury for money, unless the same has been appropriated or ordered by ordinance. No
expenditure for any improvement to be paid for out of the general fund of the Municipality shall exceed
in any one (1) year the amount provided for that improvement in the adopted budget statement. (Ref
17-708 RS Neb.)
§ 1-813 FISCAL MANAGEMENT; CONTRACTS AND PURCHASES; BIDDING AND OTHER
REQUIREMENTS.
(A) Except as provided in section 18-412.01 RS Neb. for a contract with a public power district to
operate, renew, replace, or add to the electric distribution, transmission, or generation system of the
city, no contract for enlargement or general improvements, such as water extensions, sewers, public
heating system, bridges, work on streets, or any other work or improvement when the cost of the
enlargement or improvement is assessed to the property, costing over thirty thousand dollars ($30, 000),
shall be made unless it is first approved by the governing body.
(B) Except as provided in section 18-412.01 RS Neb., before the governing body makes any
contract in excess of thirty thousand dollars ($30,000) for enlargement or general improvements, such
as water extensions, sewers, public heating system, bridges, work on streets, or any other work or
improvement when the cost of the enlargement or improvement is assessed to the property, an estimate
of the cost shall be made by the Municipal Engineer and submitted to the governing body. In advertising
for bids as provided in divisions (C) and (E) of this section, the governing body may publish the amount of
the estimate.
(C) Advertisements for bids shall be required for any contract costing over thirty thousand dollars
($30,000) entered into:
( 1) For enlargement or general improvements, such as water extensions, sewers, public heating
system, bridges, work on streets, or any other work or improvement when the cost of the enlargement
or improvement is assessed to the property; or
'
(2) For the purchase
improvements.
of equipment used in the construction
of the enlargement
or general
(D) A municipal electric utility may enter into a contract for the enlargement or improvement of the
electric system or for the purchase of equipment used for the enlargement or improvement without
advertising for bids if the price is:
(1) Thirty thousand dollars ($30,000) or less;
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(2) Sixty thousand dollars ($60,000) or less and the city electric utility has gross annual revenue
from retail sales in excess of one million dollars ($1, 000,000);
(3) Ninety thousand dollars ($90,000) or less and the city electric utility has gross annual
revenue from retail sales in excess of five million dollars ($5,000,000); or
(4) One hundred twenty thousand dollars ($120,000) or less and the city electric utility has
gross annual revenue from retail sales in excess of ten million dollars ($10,000,000).
(E) The advertisement provided for in division (C) of this section shall be published at least seven
(7) days prior to the bid closing in a legal newspaper published in or of general circulation in the
municipality, and if there is no legal newspaper published in or of general circulation in the municipality,
then in some newspaper of general circulation published in the county in which the municipality is
located, and if there is no legal newspaper of general circulation published in the county in which the
municipality is located, then in a newspaper, designated by the County Board, having a general
circulation within the county where bids are required, and if no newspaper is published in the
municipality or county, or if no newspaper has general circulation in the county, then by posting a
written or printed copy thereof in each of three (3) public places in the municipality at least seven (7)
days prior to the bid closing. In case of a public emergency resulting from infectious or contagious
diseases, destructive windstorms, floods, snow, war, or an exigency or pressing necessity or unforeseen
need calling for immediate action or remedy to prevent a serious loss of or serious injury or damage to
life, health, or property, estimates of costs and advertising for bids may be waived in the emergency
ordinance authorized by section 17-613 RS Neb. when adopted by a three-fourths (3/4) vote of the
governing body and entered of record.
(F) If, after advertising for bids as provided in this section, the governing body receives fewer than
two (2) bids on a contract or if the bids received by the governing body contain a price which exceeds
the estimated cost, the governing body may negotiate a contract in an attempt to complete the proposed
enlargement or general improvements at a cost commensurate with the estimate given.
(G) If the materials are of such a nature that, in the opinion of the manufacturer and with the
concurrence of the governing body or Board of Public Works, no cost can be estimated until the
materials have been manufactured or assembled to the specific qualifications of the city, the governing
body or Board of Public Works may authorize the manufacture and assemblage of those materials and
may thereafter approve the estimated cost expenditure when it is provided by the manufacturer. (Ref
17-568. OJ RS Neb.)
(H) Any bidding procedure may be waived by the governing body or Board of Public Works:
( 1) When materials or equipment are purchased at the same price and from the same seller as
materials or equipment which have formerly been obtained pursuant to the state bidding procedure in
sections 81-145 through 81-162 RS Neb.; or
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(2) When the contract is negotiated directly with a sheltered workshop pursuant to section
48-1503 RS Neb.; or
(3) When required to comply with any federal grant, loan, or program. (Ref 17-568. 02 RS
Neb.)
(I) (1) Notwithstanding any other provisions of law or a home rule charter, a municipality which
has established, by an inter local agreement with any county, a joint purchasing division or agency may
purchase personal property without competitive bidding if the price for the property has been established
by the federal General Services Administration or the materiel division of the Department of
Administrative Services.
(2) For the purpose of this division (I), the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
PERSON AL PRO PER TY. Includes but is not limited to supplies, materials, and equipment
used by or furnished to any officer, office, department, institution, board, or other agency.
PURCHASING or PURCHASE. The obtaining of personal property by sale, lease, or other
contractual means. (Ref 18-1756 RS Neb.) (Amended by Ord. Nos. 341, 11/12/79; 413, 12/13/83;
702, 8/11/98; 1-813, 5/8/12))
Statutory reference:
Requirements for public lettings, see 73-101 et seq. RS Neb.
§ 1-814 FISCAL MANAGEMENT; ANNUAL AUDIT; FINANCIAL STATEMENTS.
The Governing Body shall cause an audit of the Municipal accounts to be made by a qualified
accountant as expeditiously as possible following the close of the fiscal year. Such audit shall be made
on a cash or accrual method at the discretion of the Governing Body. The said audit shall be completed, and
the annual audit report made not later than six (6) months after the close of the fiscal year. The
accountant making the audit shall submit not less than. Three (3) ·copies of the audit report to the
Governing Body. All public utilities or other enterprises which substantially generate their own revenue
shall be audited separately, except in villages having a population of less than eight hundred (800), and
the results of such audits shall appear separately in the annual audit report, and such audits shall be on
an accrual basis and shall contain statements and materials which conform to generally accepted
accounting principles. The audit report shall set forth the financial position and results of financial
operations for each fund or group of accounts of the Municipality as well as an opinion by the accountant
with respect to the financial statements. Two (2) copies of the annual audit report shall be filed with the
Municipal Clerk, and shall become a part of the public records of the Municipal Clerk's office, and will
at all times thereafter, be open for public inspection. One (1) copy shall be filed with the Auditor of
Public Accounts; provided, that all villages may file an unaudited statement of cash receipts and
disbursements annually in lieu of an annual audit. Such unaudited statement shall be filed with the
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Auditor of Public Accounts in a form prescribed by him. The unaudited statement of cash receipts and
disbursements shall become a part of the public records of the Municipal Clerk and shall at all times
thereafter be open and subject to public inspection. Every Governing Body that is required herein to
submit to an audit of its accounts shall provide and file with the Municipal Clerk, not later than August
1 of each year, financial statements showing its actual and budgeted figures for the most recently
completed fiscal year. (Ref 19-2901 through 19-2909, 13-606 RS Neb.) (Amended by Ord. Nos. 295,
10/10/77; 429, 9/11/94)
§ 1-815 FISCAL MANAGEMENT; CLAIMS.
All claims against the Municipality shall be presented to the Governing Body 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 Municipality in any action brought against it
for an unliquidated claim which has not been presented to the Governing Body 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 eighty-five percent (85 % ) of the· current
levy for the purpose for which it is drawn unless there shall be sufficient money in the Municipal
Treasury for the appropriate fund against which it is to be drawn; provided, that in the event there exists
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 eighty-five percent (85 % ) , but not more than one hundred
percent (100%) of the current levy for the purpose for which said warrant is drawn. (Ref 17-714, 17-715.
RS Neb.)
§ 1-816 FISCAL MANAGEMENT; WARRANTS.
All warrants drawn upon the Municipal Treasury must be signed by the Mayor and countersigned
by the Municipal 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 in the adopted budget statement for
the fund upon which it is drawn, and the amount already expended of such fund. (Ref 17-711 RS Neb.)
§ 1-817 FISCAL MANAGEMENT; SPECIAL ASSESSMENT FUND.
All money received on special tax assessments shall be held by the Municipal Treasurer as a special
fund to be applied to the payment of the improvement for which the assessment was made, and such
money shall be used for no other purpose unless to reimburse the Municipality for money expended for
any such improvement. (Ref 17-710 RS Neb.)
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§ 1-818 FISCAL MANAGEMENT; SINKING FUNDS.
The Governing Body, subject to the limitations set forth herein, shall have the power to levy a tax
not to exceed that prescribed by State law upon the assessed value of all taxable property within the
Municipality for a term 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 Municipality, 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 Governing Body
shall declare its purpose by resolution to submit to the qualified electors of the Municipality the
proposition to provide the improvement at the next general Municipal 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 (3) times on
successive weeks before the day of the election in a legal newspaper of general circulation in the
Municipality. 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 Governing Body 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 Municipal Treasurer shall, as they accumulate, be immediately invested with the written
approval of the Governing Body 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
Governing Body is authorized to do so by sixty percent (60 % ) of the qualified electors of the
Municipality voting at a general election favoring such a change in the use of the sinking fund. (Ref
19-1301 through 19-1304,
77-2337, 77-2339 RS Neb.)
§ 1-819 FISCAL MANAGEMENT; DEPOSIT OF FUNDS.
(A) The City Treasurer shall deposit, and at all times keep on deposit, for safekeeping, in banks,
capital stock financial institutions, or qualifying mutual financial institutions of approved and responsible
standing, all money collected, received, or held by him or her as City Treasurer. Such deposits shall be
subject to all regulations imposed by law or adopted by the City Council for the receiving and holding thereof.
The fact that a stockholder, director, or other .officer of such bank, capital stock financial
institution, or qualifying mutual financial institution is also serving as Mayor, as a member of the City
Council, or as any other officer of the city shall not disqualify such bank, capital stock financial
institution, or qualifying mutual financial institution from acting as a depository for such municipal
funds.
(B) The City Council shall require from all banks, capital stock financial institutions, or qualifying
mutual financial institutions (1) a bond in such penal sum as may be the maximum amount on deposit
at any time less the amount insured or guaranteed by the Federal Deposit Insurance Corporation or, in
lieu thereof, (2) security given as provided in the Public Funds Deposit Security Act to secure the
payment of all such deposits and accretions. The City Council shall approve such bond or giving of security.
The City Treasurer shall not be liable for any loss of any money sustained by reason of the failure of any
such depository so designated and approved. (Ref 17-607 RS Neb.)
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(C) The insurance afforded to depositors in banks, capital stock financial institutions, or qualifying
mutual financial institutions through the Federal Deposit Insurance Corporation shall be deemed and
construed to be a surety bond to the extent that the deposits are insured or guaranteed by such
corporation, and for deposits so insured or guaranteed, no other surety bond or other security shall be
required. (Ref 77-2362 RS Neb.)
(D) Section 77-2366 RS Neb. shall apply to deposits in capital stock financial institutions. Section
77-2365.01 RS Neb. shall apply to deposits in qualifying mutual financial institutions. (Ref 17-607,
77-2362 RS Neb.)
(Amended by Ord. Nos. 700, 8/11/98; 774, 6/11/02; 815, 3/9/04)
§ 1-819.01 FISCAL MANAGEMENT; CERTIFICATES OF DEPOSIT; TIME DEPOSITS;
CONDITIONS.
The City Treasurer may, upon resolution of the Mayor and City Council authorizing the same,
purchase certificates of deposit from and make time deposits in any bank, capital stock financial
institution, or qualifying mutual financial institution in the State of Nebraska to the extent that such
certificates of deposit or time deposits are insured or guaranteed by the Federal Deposit Insurance
Corporation. Deposits may be made in excess of the amounts so secured by the corporation, and the
amount of the excess deposit shall be secured by a bond or by security given in the same manner as is
provided for cities of the first class in sections 16- 714 to 16- 716 RS Neb. Section 77-2366 RS Neb.
shall apply to deposits in capital stock financial institutions.
Section 77-2365.01 RS Neb. shall apply to
deposits in qualifying mutual financial institutions. (Ref 17-720 RS Neb.) (Ord. No. 701, 8/11/98) (Amended
by Ord. No. 775, 6/11/02)
§ 1-819.02
FISCAL MANAGEMENT; CREDIT CARDS AND ELECTRONIC
TRANSFERS; AUTHORITY TO ACCEPT.
(A) The Governing Body may authorize municipal officials to accept credit cards, charge cards,
or debit cards, whether presented in person or electronically, or electronic funds transfers as a method
of cash payment of any tax, levy, excise, duty, custom,. toll.: interest; penalty, fine, license, fee, or
assessment of whatever kind or nature, whether general or special, as provided by section 77-1702 RS
Neb.
(B) The total amount of such taxes, levies, excises, duties, customs, tolls, interest, penalties, fines,
licenses, fees, or assessments of whatever kind or nature, whether general or special, paid for by credit
card, charge card, debit card, or electronic funds transfer shall be collected by the municipal official.
(C) With respect to a facility which it operates in a proprietary capacity, the Governing Body may
choose to accept credit cards, charge cards, or debit cards, whether presented in person or electronically,
or electronic funds transfers as a means of cash payment and may adjust the price for services to reflect
the handling and payment costs.
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(D) The municipal official shall obtain, for each transaction, authorization for use of any credit card,
charge card, or debit card used pursuant to this section from the financial institution, vending service
company, credit card or charge card company, or third-party merchant bank providing such service.
(E) The Governing Body may choose to participate in the state contract for such payment services. If
the Governing Body chooses not to participate in the state contract, it may choose types of credit
cards, charge cards, and debit cards and may negotiate and contract independently or collectively as a
governmental entity with one (1) or more financial institutions, vending service companies, credit card,
charge card, or debit card companies, or third-party merchant banks for the provision of such services.
(F) When authorizing acceptance of credit card or charge card payments, the Governing Body shall
be authorized but not required to impose a surcharge or convenience fee upon the person making a
payment by credit card or charge card so as to wholly or partially offset the amount of any discount or
administrative fees charged to the municipality, but the surcharge or convenience fee shall not exceed
the surcharge or convenience fee imposed by the credit card or charge card companies or third-party
merchant banks which have contracted with the state or under division (E) of this section. The surcharge
or convenience fee shall be applied only when allowed by the operating rules and regulations of the
credit card or charge card involved or when authorized in writing by the credit card or charge card
company involved. When a person elects to make a payment to the Municipality by credit card or charge
card and such a surcharge or convenience fee is imposed, the payment of such surcharge or convenience
fee shall be deemed voluntary by such person and shall be in no case refundable. If a payment is made
electronically by credit card, charge card, debit card, or electronic funds transfer as part of a system for
providing or retrieving information electronically, the municipal official shall be authorized but not
required to impose an additional surcharge or convenience fee upon the person making a payment.
(G) For purposes of this section, electronic funds transfer means the movement of funds by
non-paper means, usually through a payment system, including, but not limited to, an automated
clearinghouse or the Federal Reserve' s Fed wire system. (Ref I 3-609 RS Neb.) (Ord. No. 798, 4/8/03)
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§ 1-820 FISCAL MANAGEMENT; INVESTMENT OF FUNDS.
Whenever a city has accumulated a surplus of any fund in excess of its current needs or has
accumulated a sinking fund for the payment of its bonds and the money in such sinking fund exceeds the
amount necessary to pay the principal and interest of any such bonds which become due during the
current year, the governing body of such city may invest any such surplus in certificates of deposit, in
time deposits, and in any securities in which the state investment officer is authorized by law and as
provided in the authorized investment guidelines of the Nebraska Investment Council in effect on the date
the investment is made. (Ref 17-608, 17-609, 21-1316.01, 77-2341 RS Neb.) (Amended by Ord. No.
509, 11/14/89)
§ 1-821 FISCAL MANAGEMENT; BOND ISSUES.
The Governing Body 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 Governing Body 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 10-201
through 10-411, 10-601 through 10-614, 12-1001, 17-529.01, 17-529.08, 17-534, 17-905, 17-908,
17-911, 17-939, 17-958, 17-968, 18-1801 through 18-1805, 23-343.13, 39-836 RS Neb.)
§ 1-822 FISCAL MANAGEMENT; PROPRIETARY FUNCTIONS; FISCAL YEAR; BUDGET
STATEMENTS; FILING; HEARING; ADOPTION; RECONCILIATION.
(A) For purposes of this section, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
PROPRIETARY FUNCTION shall mean a water supply or distribution utility, a wastewater
collection or treatment utility, an electric generation, transmission, or distribution utility, a gas supply,
transmission, or distribution utility, an integrated solid waste management collection, disposal, or
handling utility, or a hospital or a nursing home owned by the Municipality.
SUBSIDIZATION shall mean that the costs of operation of a proprietary function are regularly
financed by appropriations from the Municipality's general fund in excess of the amount paid by the
Municipality to the proprietary function for actual service or services received.
(B) The City Council may establish a separate fiscal year for each proprietary function, except that
any proprietary function which is subsidized by appropriations from the City's general fund shall have
the same fiscal year as the City.
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(C) (1) At least thirty (30) days prior to the start of the fiscal year of each proprietary function, a
proposed proprietary budget statement shall be prepared in writing and filed with the City Clerk
containing the following information:
(a) For the immediately
preceding fiscal years, the revenue from all sources, the
unencumbered cash balance at the beginning and end of the year, the amount received by taxation, and
the amount of actual expenditure;
(b) For the current fiscal year, actual and estimated revenue from all sources separately
stated as to each such source, the actual unencumbered cash balance available at the beginning of the
year, the amount received from taxation, and the amount of actual and estimated expenditure, whichever
is applicable;
(c) For the immediately ensuing fiscal year, an estimate of revenue from all sources
separately stated as to each such source, the actual or estimated unencumbered cash balance, whichever
is applicable, to be available at the beginning of the year, the amounts proposed to be expended during
the fiscal year, and the amount of cash reserve based on actual experience of prior years; and
(d) A uniform summary of the proposed budget statement which shall include a total of
all funds maintained for the proprietary function.
(2) Such statement shall contain the estimated cash reserve for each fiscal year and shall
whether or not such reserve is encumbered. The cash reserve projections shall be based upon the actual
experience of prior years.
(3) Each proprietary budget statement shall be filed on forms prescribed and furnished by the
Auditor of Public Accounts following consultation with representatives of such governing bodies as
operate proprietary functions subject to the provisions of the Municipal Proprietary Function Act.
(D) (1) After the proposed proprietary budget statement is filed with the Municipal Clerk, the
Governing Body shall conduct a public hearing on such statement. Notice of the time and place of the
hearing, a summary of the proposed proprietary budget statement, and notice that the full proposed
proprietary budget statement is available for public review with the .Municipal Clerk during normal
business hours, shall be published one (1) time at least five (5) days prior to the hearing in a newspaper
of general circulation within the Governing Body's jurisdiction or by mailing each resident within the
Governing Body's jurisdiction.
(2) After such hearing, the proposed proprietary budget statement shall be adopted or amended and
adopted as amended, and a written record shall be kept of such hearing. If the adopted proprietary budget
statement reflects a change from the proposed proprietary statement presented at the hearing, a copy of
the adopted proprietary budget statement shall be filed with the Municipal Clerk within twenty (20)
days after its adoption and published in a newspaper of general circulation within the Governing
Body's jurisdiction or by mailing to each resident within the Governing Body's jurisdiction.
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(E) If the actual expenditures for a proprietary function exceed the estimated expenditures in the
proprietary budget statement during its fiscal year, the Governing Body shall adopt a proprietary function
reconciliation statement within ninety (90) days after the end of such fiscal year which reflects any
difference between the adopted proprietary budget statement for the previous fiscal year and the actual
expenditures and revenue for such fiscal year. After the adoption of a proprietary function reconciliation
statement, it shall be filed with the Municipal Clerk and published in a newspaper of general circulation
within the Governing Body's jurisdiction or by mailing to each resident within the Governing Body's
jurisdiction. If the difference between the adopted proprietary budget for the previous fiscal year and
the actual expenditures and revenues for such fiscal year is greater than ten percent ( 10 % ) , the
proprietary function reconciliation statement shall only be adopted following a public hearing.
(F) If the budget of a proprietary function is included in the city budget statement created pursuant
to the Nebraska Budget Act, the Municipal Proprietary Function Act need not be followed for that
proprietary function. Any income from a proprietary function which is transferred to the general fund
of the Municipality shall be shown as a source of revenue in the Municipal budget statement created
pursuant to the Nebraska Budget Act. (Ref 18-2803 to 18-2808 RS Neb.) (Ord. No. 581, 7/12/94)
§ 1-823 FISCAL MANAGEMENT; COLLECTION OF SPECIAL ASSESSMENTS;
PROCEDURE.
(A) The Municipality shall collect the special assessments which it levies and perform all other
necessary functions related thereto including foreclosure. Notice that special assessments are due shall
be mailed or otherwise delivered to the last-known address of the person against whom such special
assessments are assessed or to the lending institution or other party responsible for paying such special
assessments. Failure to receive such notice shall not relieve the taxpayer from any liability to pay such
special assessments and any interest or penalties accrued thereon.
(B) The Municipality shall:
(1) File notice of the assessments and the amount of assessment being levied for each lot or
tract of land to the Register of Deeds; and
(2) File a release of assessment upon final payment of each assessment with the Register of
Deeds. (Ref 18-1216 RS Neb.) (Ord. No. 677, 718197)
§ 1-824 FISCAL MANAGEMENT; PROPERTY TAX REQUEST; PROCEDURE.
(A) The property tax request for the prior year shall be the property tax request for the current year
for purposes of the levy set by the County Board of Equalization in section 77-1601 RS Neb. unless the
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City Council passes by a majority vote a resolution or ordinance setting the tax request at a different
amount. Such resolution or ordinance shall only be passed after a special public hearing called for such
purpose is held and after notice is published in a newspaper of general circulation in the area of the
Municipality at least five (5) days prior to the hearing.
(B) The hearing notice shall contain the following information:
(1) The dollar amount of the prior year's tax request and the property tax rate that was
necessary to fund that tax request;
(2) The property tax rate that would be necessary to fund last year's tax request if applied to
the current year's valuation; and
(3) The proposed dollar amount of the tax request for the current year and the property tax rate
that will be necessary to fund that tax request.
(C) Any resolution setting a tax request under this section shall be certified and forwarded to the
County Clerk prior to October 14 of the year for which the tax request is to apply.
(4) Any tax levy which is not in compliance with this section and section 77-1601 RS Neb. shall
be construed as an unauthorized levy under section 77-1606 RS Neb. (Ref 77-1601.02 RS Neb.) (Ord.
No. 678, 7/8/97) (Amended by Ord. No. 738, 7/11/00)
§ 1-825 FISCAL MANAGEMENT; PROPERTY TAX LEVY; MAXIMUM; AUTHORITY TO
EXCEED.
(A) Property tax levies for the support of the Municipality for fiscal years beginning on or after July
1, 1998, shall be limited to the amounts set forth in this subsection (A), except as provided in subsection
(C) of this section. The Municipality may levy a maximum levy of forty-five cents ($0.45) per one
hundred ($100. 00) dollars of taxable valuation of property subject to the levy plus an additional five
cents ($0.05) per one hundred ($100.00) dollars of taxable valuation to provide financing for the
Municipality's share of revenue required under an agreement or agreements executed pursuant to the
Inter local Cooperation Act or the Joint Public Agency Act. The maximum levy shall include amounts
levied to pay for sums to support a library pursuant to section 51-201 RS Neb., museum pursuant to
section 51-501 RS Neb., visiting community nurse, home health nurse, or home health agency pursuant
to section 71-1637 RS Neb., or statue, memorial, or monument pursuant to section 80-202 RS Neb ..
Property tax levies for judgments obtained against the Municipality which require or obligate the
Municipality to pay such judgment, to the extent such judgment is not paid by liability insurance
coverage of the Municipality, for preexisting lease-purchase contracts approved prior to July 1, 1998,
for bonded indebtedness approved according to law and secured by a levy on property, and for payments
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by a public airport to retire interest-free loans from the Department of Aeronautics in lieu of bonded
indebtedness at a lower cost to the public airport are not included in the levy limits established by this
subsection (A). The limitations on tax levies provided in this subsection (A) are to include all other
general or special levies provided by law. Notwithstanding other provisions of law, the only exceptions
to the limits in this subsection (A) are those provided by or authorized by this section. Tax levies in
excess of the limitations in this section shall be considered unauthorized levies under section 77-1606
RS Neb. unless approved under subsection (C) of this section.
(B) (1) All city airport authorities established under the Cities Airport Authorities Act, community
redevelopment authorities established under the Community Development Law, and offstreet parking
districts established under the Offstreet Parking District Act may be allocated property taxes as
authorized by law which are authorized by the Municipality and are counted in the Municipality's levy
limit provided by subsection (A) of this section, except that such limitation shall not apply to property
tax levies for preexisting lease-purchase contracts approved prior to July 1, 1998, for bonded
indebtedness approved according to law and secured by a levy on property, and for payments by a public
airport to retire interest-free loans from the Department of Aeronautics in lieu of bonded indebtedness
at a lower cost to the public airport. The City Council shall review and approve or disapprove the levy
request of the political subdivisions subject to this subsection (B). The City Council may approve all
or a portion of the levy request and may approve a levy request that would allow a levy greater than that
permitted by law. The levy allocated by the Municipality may be exceeded as provided in section
77-3444 RS Neb. On or before August 1, all political subdivisions subject to municipal levy authority
under this subsection (B) shall submit a preliminary request for levy allocation to the City Council. The
preliminary request of the political subdivision shall be in the form of a resolution adopted by a majority
vote of members present of the political subdivision's governing body. The failure of a political
subdivision to make a preliminary request shall preclude such political subdivision from using procedures
set forth in section 77-3444 RS Neb. to exceed the final levy allocation as determined in this
subsection (B).
(2) The City Council shall:
(a) Adopt a resolution by a majority vote of members present which determines a final
allocation of levy authority to its political subdivisions; and:
(b) Forward a copy of such resolution to the chairperson of the governing body of each
of its political subdivisions.
(3) No final levy allocation shall be changed after September 1 except by agreement between
both the City Council and the governing body of the political subdivision whose final levy allocation is
at issue.
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(C) (1) The Municipality may exceed the limits provided in subsection (A) of this section by an
amount not to exceed a maximum levy approved by a majority of registered voters voting on the issue
in a primary, general, or special election at which the issue is placed before the registered voters. A vote
to exceed the limits must be approved prior to October 10 of the fiscal year which is to be the first to
exceed the limits.
(2) The City Council may call for the submission of the issue to the voters:
(a) By passing a resolution calling for exceeding the limits by a vote of at least two-thirds
(2/3) of the members of the City Council and delivering a copy of the resolution to the County Clerk or
Election Commissioner of every county which contains all or part of the Municipality; or
(b) Upon receipt of a petition by the County Clerk or Election Commissioner of every
county containing all or part of the Municipality requesting an election signed by at least five percent
(5 % ) of the registered voters residing in the Municipality.
(3) The resolution or petition shall include the amount of levy which would be imposed in
excess of the limits provided in subsection (A) of this section and the duration of the excess levy
authority. The excess levy authority shall not have a duration greater than five (5) years. Any resolution
or petition calling for a special election shall be filed with the County Clerk or Election Commissioner
no later than thirty (30) days prior to the date of the election, and the time of publication and providing
a copy of the notice of election required in section 32-802 RS Neb. shall be no later than twenty (20)
days prior to the election. The County Clerk or Election Commissioner shall place the issue on the
ballot at an election as called for in the resolution or petition which is at least thirty (30) days after
receipt of the resolution or petition. The election shall be held pursuant to the Election Act. For
petitions filed with the County Clerk or Election Commissioner on or after May 1, 1998, the petition
shall be in the form as provided in sections 32-628 through 32-631 RS Neb. Any excess levy authority
approved under this subsection (C) shall terminate pursuant to its terms, on a vote of the City Council
to terminate the authority to levy more than the limits, at the end of the fourth fiscal year following the
first year in which the levy exceeded the limit, or as provided in subsection (D) of this section,
whichever is earliest. The City Council may pass no more than one resolution calling for an election
pursuant to this subsection (C) during any one calendar year: Only one election may be held in any one
calendar year pursuant to a petition initiated under this subsection (C) .. The ballot question may include
any terms and conditions set forth in the resolution or petition and shall include the language specified
in section 77-3444 RS Neb. If a majority of the votes cast upon the ballot question are in favor of such
tax, the County Board shall authorize a tax in excess of the limits in subsection (A) of this section, but
such tax shall not exceed the amount stated in the ballot question. If a majority of those voting on the
ballot question are opposed to such tax, the City Council shall not impose such tax. The County Clerk
or Election Commissioner may set a uniform date for a special election to be held before October 10,
1998, to submit the issue of exceeding the limits provided in section 77-3442 RS Neb. nor the final levy
allocation as provided in section 77-3443 RS Neb. to the voters of political subdivisions in the county
seeking additional levy authority. The Municipality may individually or in conjunction with one or more
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other political subdivisions conduct a special election on a date different from that set by the County
Clerk or Election Commissioner, except that the City Council shall pass a resolution calling for a special
election for this purpose and deliver a copy of the resolution to the County Clerk or Election
Commissioner no later than thirty (30) days prior to the date of the election.
(D) (1) The Municipality may rescind or modify a previously approved excess levy authority prior
to its expiration by a majority of registered voters voting on the issue in a primary, general, or special
election at which the issue is placed before the registered voters. A vote to rescind or modify must be
approved prior to October 10 of the fiscal year for which it is to be effective.
(2) The City Council may call for the submission of the issue to the voters:
(a) By passing a resolution calling for the rescission or modification by a vote of at least
two-thirds (2/3) of the members of the City Council and delivering a copy of the resolution to the County
Clerk or Election Commissioner of every county which contains all or part of the Municipality; or
(b) Upon request of a petition by the County Clerk or Election Commissioner of every
county containing all or part of the Municipality requesting an election signed by at least five percent
(5 % ) of the registered voters residing in the Municipality.
(3) The resolution or petition shall include the amount and the duration of the previously
approved excess levy authority and a statement that either such excess levy authority will be rescinded
or such excess levy authority will be modified. If the excess levy authority will be modified, the amount
and duration of such modification shall be stated. The modification shall not have a duration greater than
five (5) years. The County Clerk or Election Commissioner shall place the issue on the ballot at an
election as called for in the resolution or petition which is at least thirty (30) days after receipt of the
resolution or petition, and the time of publication and providing a copy of the notice of election required
in section 32-802 RS Neb. shall be no later than twenty (20) days prior to the election. The election shall
be held pursuant to the Election Act. (Ref. 77-3442 through 77-3444 RS Neb.) (Ord. No. 739, 7/11/00)
§ 1-826 FISCAL MANAGEMENT; REVISION OF BUDGE·T.
·
(A) Unless otherwise provided by law, whenever during the current fiscal year it becomes apparent
to the Governing Body that:
(1) There are circumstances which could not reasonably have been anticipated at the time the
budget for the current year was adopted;
(2) The budget adopted violated sections 13-518 to 13:-522 RS Neb., such that the revenue of
the current fiscal year for any fund thereof will be insufficient, additional expenses will be necessarily
incurred, or there is a need to reduce the budget requirements to comply with sections 13-518 to 13-522
RS Neb.; or
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(3) The Governing Body has been notified by the Auditor of Public Accounts of a mathematical
or accounting error or noncompliance with the Nebraska Budget Act.
(B) Notice of the time and place of the hearing shall be published at least five (5) days prior to the
date set for hearing in a newspaper of general circulation within the Municipality. Such published notice
shall set forth:
(1) The time and place of the hearing;
(2) The amount in dollars of additional or reduced money required and for what purpose;
(3) A statement setting forth the nature of the unanticipated circumstances and, if the budget
requirements are to be increased, the reasons why the previously adopted budget of expenditures cannot
be reduced during the remainder of the current year to meet the need for additional money in that
manner;
(4) A copy of the summary of the originally adopted budget previously published; and
(5) A copy of the summary of the proposed revised budget.
(C) At such hearing any taxpayer may appear or file a written statement protesting any application
for additional money. A written record shall be kept of all such hearings.
(D) Upon conclusion of the public hearing on the proposed revised budget and approval of the
proposed revised budget by the Governing Body, the Governing Body shall file with the County Clerk
of the county or counties in which such Governing Body is located, and with the Auditor of Public
Accounts, a copy of the revised budget, as adopted. The Governing Body may then issue warrants in
payment for expenditures authorized by the adopted revised budget. Such warrants shall be referred to
as· registered warrants and shall be repaid during the next fiscal year from funds derived from taxes
levied therefor.
(E) Within thirty (30) days after the adoption of the budget under section 13-506 RS Neb., a
Governing Body may, or within thirty (30) days after notification of an error by the Auditor of Public
Accounts, a Governing Body shall, correct an adopted budget which contains a clerical, mathematical,
or accounting error which does not affect the total amount budgeted by more than one percent (1 % ) or
increase the amount required from property taxes. No public hearing shall be required for such a
correction. After correction, the Governing Body shall file a copy of the corrected budget with the
County Clerk of the county or counties in which such Governing Body is located and with the Auditor
of Public Accounts. The Governing Body may then issue warrants in payment for expenditures
authorized by the budget. (Ref 13-511 RS Neb.) (Ord. No. 740, 7/11/00) (Amended by Ord. Nos. 776,
6/11/02; 799, 4/8/03)
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ARTICLE
9: COMPENSATION
§ 1-901 COMPENSATION; MUNICIPAL OFFICIALS.
The Compensation of any elective official of the Municipality shall not be increased or diminished
during the term for which he shall have been elected except when there has been a merger of offices;
provided, the compensation of the members of the Governing Body, a board, or commission may be
increased or diminished at the beginning of the full term of any member whether or not the terms of one
or more members commence and end at different times. No elected official may be rehired at a greater
salary if he resigns and desires to be rehired during the unexpired term of office. He may be rehired
after the term of office during which he resigned at a greater salary. All salaries shall be set by
ordinance of the Governing Body and will be available for public inspection at the office of the
Municipal Clerk. (Ref 17-108.02, 17-612 RS Neb.)
§ 1-902 COMPENSATION; CONFLICT OF INTEREST INVOLVING CONTRACTS.
(A) (1) BUSINESS ASSOCIATION means a business:
(a) In which the individual is a partner, limited liability company member, director, or
officer; or
(b) In which the individual or a member of the individual's immediate family is a
stockholder of closed corporation stock worth one thousand dollars ($1,000.00) or more at fair market
value or which represents more than a five percent (5 % ) equity interest or is a stockholder of publicly
traded stock worth ten thousand dollars ($10,000.00) or more at fair market value or which represents
more than ten percent ( 10 % ) equity interest.
An individual who occupies a confidential professional relationship protected by law shall be exempt
from this definition. This definition shall not apply to publicly traded stock under a trading account if
the filer reports the name and address of the stockbroker. (Ref 49-1408 RS Neb.)
(2) IMMEDIATE FAMILY means a child residing in an individual's-household, a spouse of
an individual, or an individual claimed by that individual or that individual's spouse as a dependent for
federal income tax purposes. (Ref 49-1425 RS Neb.)
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(3) OFFICER means:
(a) A member of any board or commission of the Municipality which spends and
administers its own funds, who is dealing with a contract made by such board or commission; or
(b) Any elected municipal official.
OFFICER does not mean volunteer firefighters or ambulance drivers with respect to their duties as
firefighters or ambulance drivers.
(B) (1) Except as provided in section 49-1499.04 or 70-624.04 RS Neb., no officer may have an
interest in any contract to which his or her governing body, or anyone for its benefit, is a party. The
existence of such an interest in any contract shall render the contract voidable by decree of a court of
competent jurisdiction as to any person who entered into the contract or took assignment of such contract
with actual knowledge of the prohibited conflict. An action to have a contract declared void under this
section may be brought by the county attorney, the governing body, or any resident within the
jurisdiction of the governing body and shall be brought within one (1) year after the contract is signed
or assigned. The 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
governing body has benefited thereby.
(2) The prohibition in this division (B) shall apply only when the officer or his or her parent,
spouse, or child:
(a) Has a business association with the business involved in the contract; or
(b) Will receive a direct pecuniary fee or commission as a result of the contract.
(C) Division (B) of this section does not apply if the contract is an agenda item approved at a
meeting of the governing body and the interested officer:
(1) Makes a declaration on the record to the Governing Body responsible for approving the
contract regarding the nature and extent of his or her interest prior to official consideration of the
contract;
(2) Does not vote on the matters of granting the contract, making payments pursuant to the
contract, or accepting performance of work under the contract, or similar matters relating to the
contract, except that if the number of members of the governing body declaring an interest in the
contract would prevent the body with all members present from securing a quorum on the issue, then
all members may vote on the matters; and
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(3) Does not act for the governing body which is a party to the contract as to inspection or
performance under the contract in which he or she has an interest.
(D) An officer who:
(1) Has no business association with the business involved in the contract or
(2) Will not receive a direct pecuniary fee or commission as a result of the contract
shall not be deemed to have an interest within the meaning of this section.
(E) The receiving of deposits, cashing of checks, and buying and selling of warrants and bonds of
indebtedness of any such governing body by a financial institution shall not be considered a contract for
purposes of this section. The ownership of less than five percent (5 % ) of the outstanding shares of a
corporation shall not constitute an interest within the meaning of this section.
(F) If an officer's parent, spouse, or child is an employee of the officer's governing body, the
officer may vote on all issues of the contract which are generally applicable to:
(1) All employees or
(2) All employees within a classification
and do not single out his or her parent, spouse, or child for special action.
(G) Section 49-14, 102 RS Neb. does not apply to contracts covered by this section.
(Ref
49-14,103.01 RS Neb.)
(H) (1) The person charged with keeping records for the Governing Body shall maintain separately
from other records a ledger containing the information listed in subdivisions (a) through (e) of this
division (H)(l) about every contract entered into by the governing body in which an officer of the body
has an interest and for which disclosure is made pursuant to division (C) of this section. 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:
·
·
(a) Names of the contracting parties;
(b) Nature of the interest of the officer in question;
(c) Date that the contract was approved by the Governing Body;
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(d) Amount of the contract; and
( e) Basic terms of the contract.
(2) The information supplied relative to the contract shall be provided no later than ten (10)
days after the contract has been signed by both parties. The ledger kept pursuant to this division (H)
shall be available for public inspection during the normal working hours of the office in which it is kept.
(Ref. 49-14,103.02 RS Neb.)
(I) An open account established for the benefit of any governing body with a business in which an
officer has an interest shall be deemed a contract subject to this section. The statement required to be
filed by division (H) of this section shall be filed within ten days after such account is opened.
Thereafter, the person charged with keeping records for the governing body shall maintain a running
account of amounts purchased on the open account. Purchases made from petty cash or a petty cash fund
shall not be subject to this section. (Ref. 49-14, 103.03 RS Neb.)
(J) Notwithstanding divisions (A) through (I) of this section, the Governing Body may prohibit
contracts over a specific dollar amount in which an officer of the Governing Body may have an interest.
(Ref. 49-14,103.05 RS Neb.)
..
(K) The Governing Body may exempt from divisions (A) through (I) of this section, contracts
involving one hundred dollars ($100.00) or less in which an officer of such Body may have an interest.
(Ref. 49-14,103.06 RSNeb.) (Amended by Ord. Nos. 400, 9/14/82; 411, 12/13/83; 430, 9/11/84;462,
11/11/86; '772, 6/11/02)
§ 1-903 EMPLOYEE DISCLOSURE RULE~.
(A) (1) A current or former employer may disclose the following information about a current or
former employee's employment history to a prospective employer of the current or former employee
upon receipt of written consent from the current or former employee:
(a) Date and duration of employment;
(b) Pay rate and wage history on the date of receipt of written consent;
(c) Job description and duties;
(d) The most recent written performance evaluation prepared prior to the date of the
request and provided to the employee during the course of his or her employment;
(e) Attendance information;
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(f) Results of drug or alcohol tests administered within one (1) year prior to the request;
(g) Threats of violence, harassing acts or threatening behavior related to the workplace or
directed at another employee;
(h) Whether the employee was voluntarily or involuntarily separated from employment and
the reason for the separation; and
(i) Whether the employee is eligible for rehire.
(2) The current or former employee disclosing such information shall be presumed to be acting
in good faith and shall be immune from civil liability for the disclosure or any consequences of such
disclosure unless the presumption of good faith is rebutted upon a showing by a preponderance of the
evidence that the information disclosed by the current or former employer was false, and the current or
former employer had knowledge of its falsity or acted with malice or reckless disregard for the truth.
(B) (1) The consent required in subsection (A) of this section shall be on a separate form from the
application form or, if included in the application form, shall be in bold letters and in larger typeface that
the largest typeface in the text of the application form. The consent form shall state, at a mininium,
language similar to the following:
, ,. ---....,,
I, (applicant), hereby give consent to any and all prior employers of mine to
provide information with regard to my employment with prior employers to
(prospective employer).
(2) The consent must be signed and dated by the applicant.
.
(3) The consent will be valid for no longer than six (6) months.
(C) This section shall also apply to any current or former employee, agent, or other representative
of the current or former employer who is authorized to provide and who provides information in
accordance with this section.
(D) (1) This section does not require any prospective employer to request employment history on
a prospective employee and does not require any current or former employer to disclose employment
history to any prospective employer.
(2) Except as specifically amended in this section. This common law of this state remains
unchanged as it relates to providing employment information on current and former employees.
(3) This section applies only to causes of action accruing on and after the effective date of this
act.
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(E) This immunity conferred by this section shall not apply when an employer discriminated or
retaliated against an employee because the employee has exercised or is believed to have exercised any
federal or state statutory right or undertaken any action encouraged by the public policy of this state.
(Ord. No. 909, 5/14/13)
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ARTICLE 10: INITIATIVE AND REFERENDUM
[Editor's Note: Article 10 was adopted in its entirety by Ordinance No. 401, Passed on 9/14/82; Sections
1-1001through1-1005, 1-1008 through 1-1014 were amended by Ordinance No. 431, Passed 9/11/84]
§ 1-1001 INITIATIVE AND REFERENDUM; DEFINITIONS.
The powers of initiative and referendum are reserved to the qualified electors of the Municipality
by State law. This Article shall govern the use of initiative to enact, and the use of referendum to amend
or repeal measures affecting the governance of the Municipality. For purposes of this Article, the
definitions set out in this Section, unless the context otherwise requires, shall apply.
CIRCULATOR shall mean any person who solicits signatures for an initiative or referendum
petition.
CLERK shall mean the Municipal Clerk or the Municipal official in charge of elections.
GOVERNING BODY shall mean the legislative authority of the Municipality.
MEASURE shall mean an ordinance, charter provision, or resolution which is within the legislative
authority of the Governing Body to pass, and which is not excluded from the operation of referendum
by the exceptions in Section 1-1012.
MUNICIPALITY shall mean the City of Plainview, Nebraska.
PETITION shall mean a document authorized for circulation pursuant to Section 1-1002, or any
copy of such document.
PLACE OF RESIDENCE shall mean the street and number of the residence. If there is no street
and number for the residence, place of residence shall mean the mailing address.
PROSPECTIVE PETITION shall mean a sample document containing the information necessary
for a completed petition, including a sample signature sheet, which has not yet been authorized for
circulation.
QUALIFIED ELECTORS shall mean all persons registered to vote, at the time the prospective
petition is filed, in the jurisdiction governed or to be governed by any measure sought to be enacted by
initiative, or altered or repealed by referendum.
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RESIDENCE shall mean that place at which a person has established his or her home, where he or
she is habitually present, and to which, when he or she departs, he or she intends to return.
SIGNATURE SHEET shall mean a sheet of paper which is part of a petition and which is signed
by persons wishing to support the petition effort. (Ref 18-2501 through 18-2511 RS Neb.)
§ 1-1002 INITIATIVE AND REFERENDUM; PETITIONS, BALLOTS.
Before circulating. an initiative or referendum petition, the petitioner shall file with the Clerk a
prospective petition. The Clerk shall date the prospective petition immediately upon its receipt. The
Clerk shall verify that the prospective petition is in proper form and shall provide a ballot title for the
initiative or referendum proposal, as described below. If the prospective petition is in proper form, the
Clerk shall authorize the circulation of the petition and such authorization shall be given within three (3)
working days from the date the prospective petition was filed. If the form of the prospective petition is
incorrect, the Clerk shall, within three (3) working days from the date the prospective petition was filed,
inform the petitioner of necessary changes and request that those changes be made. When the requested
changes have been made and the revised prospective petition has been submitted to the Clerk in proper
form, the Clerk shall authorize the circulation of the petition and such authorization shall be given within
two (2) working days from the receipt of the properly revised petition. Verification by the Clerk that the
prospective petition is in proper form does not constitute an admission by the Clerk, Governing Body,
or Municipality that the measure is subject to referendum or limited referendum or that the measure may
be enacted by initiative.
The ballot title of any measure to be initiated or referred shall consist of:
A. A briefly-worded caption by which the measure is commonly known or which accurately
summarizes the measure;
B. A briefly-worded question which plainly states the purpose of the measure, and is phrased
so that an affirmative response to the question corresponds to an affirmative vote on the measure; and
C. A concise and impartial statement, of not more than seventy-five (75) words, of the chief
purpose of the measure.
The ballots used when voting on an initiative or referendum proposal shall contain the entire ballot
title. Proposals for initiative and referendum shall be submitted on separate ballots and the ballots shall
be printed in lower case ten point type, except that the caption shall be in bold face type. All initiative
and referendum measures shall be submitted in a nonpartisan manner without indicating or suggesting
on the ballot that they have or have not been approved or endorsed by any political party or organization.
(Ref 18-2512, 18-2513 RS Neb.)
-~
Initiative and Referendum
§ 1-1003 INITIATIVE
AND REFERENDUM;
PETITION
63
FORM.
(A) The forms designed by the Secretary of State to be used for initiative and referendum petitions
shall be made available to the public by the City Clerk, and they shall serve as a guide for individuals
preparing prospective petitions. Substantial compliance with initiative and referendum forms is required
before authorization to circulate such petition shall be granted by the City Clerk. Chief petitioners or
circulators preparing prospective petitions shall be responsible for making copies of the petition for
circulation after authorization for circulation has been granted. (Ref 18-2514 RS Neb.)
·
(B) Each petition presented for signature must be identical to the petition authorized for circulation
by the City Clerk. Every petition shall contain the name and place of residence of not more than three
persons as chief petitioners or sponsors of the measure. The chief petitioners or sponsors shall be
qualified electors of the municipality potentially affected by the initiative or referendum proposal. Every
petition shall contain the caption and the statement specified to be part of the ballot title. When a special
election is being requested, such fact shall be stated on every petition. (Ref 18-2515 RS Neb.) (Amended by
Ord. No. 814, 3/9/04)
§ 1-1003.01 INITIATIVE AND REFERENDUM; DECLARATORY JUDGMENT.
(A) The city or any chief petitioner may seek a declaratory judgment regarding any questions arising
under this Article, as it may be from time to time amended, including, but not limited to, determining
whether a measure is subject to referendum or limited referendum or whether a measure may be enacted
by initiative. If a chief petitioner seeks a declaratory judgment, the city shall be served by personal,
residence, or certified mail service upon the chief executive officer or City Clerk. If the city seeks a
declaratory judgment, only the chief petitioner or chief petitioners shall be required to be served.
(B) Any action brought for declaratory judgment for purposes of determining whether a measure
is subject to limited referendum or referendum, or whether a measure may be enacted by initiative, may
be filed in the district court at any time after the filing of a referendum or initiative petition with the City
Clerk for signature verification until 40 days from the date the City Council received notification from
the verifying official that the necessary signatures have been obtained. If the city does not bring an
action for declaratory judgment to determine whether the measure is subject to limited referendum or
referendum, or whether the measure may be enacted by initiative, until after it has received such
notification, it shall be required to proceed with the initiative or referendum election in accordance with
the provisions of this Article. If the city does file such an action prior to receiving such notification, it
shall not be required to proceed to hold such election until a final decision has been rendered in the
action.
(C) Any action for a declaratory judgment shall be governed generally by sections 25-21,149
through 25-21,164 RS Neb., except that only the city and each chief petitioner shall be required to be
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made parties. The city, City Clerk, City Council, or any of the city's officers shall be entitled to rely on
any order rendered by the court in any such proceeding. Any action brought for declaratory judgment
pursuant to this section shall be given priority in scheduling hearings and in disposition as determined
by the court. When an action is brought to determine whether the measure is subject to limited
referendum or referendum, or whether a measure may be enacted by initiative, a decision shall be
rendered by the court no later than five (5) days prior to the election.
(D) The provisions of this section relating to declaratory judgments shall not be construed as
limiting, but construed as supplemental and additional to other rights and remedies conferred by law.
(Ref18-2538 RS Neb.) (Ord. No. 814, 3/9/04)
§ 1-1004 INITIATIVEAND REFERENDUM; SIGNATURE SHEETS.
Every signature sheet shall:
1.
Contain the caption required in subdivision A of Section 1-1002 of this Article;
2.
Be part of a complete and authorized petition when presented to potential signatories;
3. Provide space for signatories to write their names, residential addresses, and the date of
signing; and
4. Contain a statement that anyone falsifying information on a signature sheet shall be subject
to penalties provided by law.
No more than twenty-five (25) signatures on each signature sheet shall be counted. In order to be
valid, a signature shall be that of an individual registered to vote, at the time of signing, in the jurisdiction
governed or to be governed by the measure addressed in the petition. A signature shall include the
signatory's full ·name, his or her place of residence, and the date of signing. No signatory shall use ditto
marks as a means of affixing his or her place of residence or date on any petition. A wife shall not use
her husband's Christian or given name when she signs a petition and she shall sign her own Christian or
given name along with her surname. (Ref 18-2516 RS Neb.)
··
·
·
§ 1-1005 INITIATIVEAND REFERENDUM; PETITIONSA
, FFIDAVIT.
Included in the contents of every petition shall be an affidavit, to be signed by the circulator in the
presence of a notary, which states that the circulator is a qualified elector, that each person who signed
the petition did so in the presence of the circulator on the date indicated, and that the circulator believes
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,_
that each signatory was registered to vote in the affected jurisdiction at the time he or she signed the
petition and that the circulator believes that each signatory has stated his or her name and place of
residence correctly. (Ref 18-2517 RS Neb.)
§ 1-1006 INITIATIVE AND REFERENDUM; PETITIONS, NOTIFICATION.
A. Signed petitions shall be filed with the Clerk for signature verification. Upon the filing of a
petition, and passage of a resolution by the Governing Body, the Municipality and the County Clerk or
Election Commissioner of the County in which such Municipality is located may by mutual agreement
provide that the County Clerk or Election Commissioner shall ascertain whether the petition is signed
by the requisite number of voters. The Municipality shall reimburse the County for any costs incurred
by the County Clerk or Election Commissioner. When the verifying official has determined that one
hundred (100%) percent of the necessary signatures required by this Article have been obtained, he or
she shall notify the Governing Body of that fact, and shall immediately forward to the Governing Body
a copy of the petition.
[Text of§ 1-1006 Continues on Page 65]
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B. In order for an initiative or referendum proposal to be submitted to the Governing Body and the
voters, the necessary signatures shall be on file with the Clerk within six (6) months from the date the
prospective petition was authorized for circulation. If the necessary signatures are not obtained by such
date, the petition shall be void.
(Ref. 18-2518 RS Neb.)
§ 1-1007 INITIATIVE AND REFERENDUM; FREQUENCY OF OCCURRENCE.
The same measure, either in form or in essential substance, may not be submitted to the people by
initiative petition, either affirmatively or negatively, more often than once every two (2) years. No
attempt to repeal or alter an existing measure or portion of such measure by referendum petition may
be made within two (2) years from the last attempt to do the same. Such prohibition shall apply only
when the subsequent attempt to repeal or alter is designed to accomplish the same, or essentially the
same purpose as the previous attempt. (Ref. 18-2519 RS Neb.)
§ 1-1008 INITIATIVE AND REFERENDUM; DIRECT VOTE.
The Executive Officer and Governing Body of the Municipality may at any time, by resolution,
provide for the submission to a direct vote of the electors of any measure pending before it, passed by
it, including an override of any veto, if necessary, or enacted by the electors under this Article and may
provide in such resolution that such measure shall be submitted at a special election or the next regularly
scheduled primary or general election. Immediately upon the passage of any such resolution for
submission, the Clerk shall cause such measure to be submitted to a direct vote of the electors, at the
time specified in such resolution and in the manner provided in this Article for submission of measures
upon proposals and petitions filed by voters. Such matter shall become law if approved by a majority
of the votes cast. (Ref. 18-2520 RS Neb.)
§ 1-1009 INITIATIVE AND REFERENDUM; ELECTIONS.
The Clerk shall call elections under this Article, either at a special election or regularly scheduled
primary or general election. He or she shall cause notice of every such election to be printed in one ( 1)
or more newspapers of general circulation in such Municipality at least once not less than thirty (30) days
prior to such election and also posted in the office of the Clerk and in at least three (3) conspicuous
places in such Municipality at least thirty (30) days prior to such election. The notice shall be
substantially as follows:
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Notice is hereby given that on Tuesday, the
day of
66
, 19
, at
(identify polling place or precinct) of the Municipality of
, Nebraska, an election will
be held at which there will be submitted to the electors of the Municipality for their approval or
rejection, the following measures, propositions, or issues:
(naming measures, propositions, or issues), which election will be open at 8:00 a.m. and will continue
open until 8:00 p.m., of the same day.
Dated this
day of
, 19
.
Clerk of the City/Village of
The Clerk shall make available for photocopying a copy in pamphlet form of measures initiated or
referred. Such notice provided in this Section shall designate where such a copy in pamphlet form may
be obtained. (Ref 18-2521 RS Neb.)
§ 1-1010 INITIATIVE AND REFERENDUM; BALLOTS.
All ballots for use in special elections under this Article shall be prepared by the Clerk and furnished
by the Governing Body, unless the Governing Body contracts with the County for such service, and shall
be in form the same as provided by law for election of the Executive Officer and Governing Body of
such Municipality. When ordinances under such sections are submitted to the electors at a regularly
scheduled primary or general election they shall be placed upon the official ballots as provided in this
Article. (Ref 18-2522 RS Neb.)
§ 1-1011 INITIATIVE AND REFERENDUM; INITIATIVE.
A. The power of initiative allows citizens the right to enact measures affecting the governance of
the Municipality. An initiative proposal shall not have as its primary or sole purpose the repeal or
modification of existing law except if such repeal or modification is ancillary to and necessary for the
adoption and effective operation of the initiative measure.
B. An initiative shall not be effective if the direct or indirect effect of the passage of such initiative
measure shall be to repeal or alter an existing law, or portion thereof, which is not subject to referendum
or subject only to limited referendum pursuant to Section 1-1012.
C. Whenever an initiative petition bearing signatures equal in number to at least fifteen (15 % )
percent of the qualified electors of the Municipality has been filed with the Clerk and verified, it shall
be the duty of the Governing Body to consider passage of the measure contained in the petition including
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an override of any veto, if necessary. If the Governing Body fails to pass the measure without
amendment, including an override of any veto, if necessary, within thirty (30) days from the date it
received notification, the Clerk shall cause the measure to be submitted to a vote of the people at the
next regularly scheduled primary or general election held within the Municipality. If the Governing
Body desires to submit the measure to a vote of the people at a special election prior to the next
regularly scheduled primary or general election held within the Municipality, the Governing Body,
shall, by resolution, direct the Clerk to cause the measure to be submitted at a special election. Such
resolution shall not be subject to referendum or limited referendum.
D. Whenever an initiative petition bearing signatures equal in number to at least twenty (20%)
percent of the qualified electors which requests that a special election be called to submit the initiative
measure to a vote of the people, has been filed with the Clerk and verified pursuant to Section 1-1006,
it shall be the duty of the Governing Body to consider passage of the measure contained in the petition
including an override of any veto, if necessary. If the Governing Body fails to pass the measure,
without amendment, including an override of any veto, if necessary, within thirty (30) days from the
date it received notification, the Clerk shall cause the, measure to be submitted to a vote of the people
at a special election called for such purpose. The date of such election shall not be less than thirty (30)
nor more than sixty (60) days from the date the Governing Body received notification pursuant to
Section 1-1006.
E. If a majority of voters voting on the initiative measure shall vote in favor of such measure,
it shall become a valid and binding measure of the Municipality thirty (30) days after certification of
the election results, unless the Governing Body by resolution orders an earlier effective date or the
measure itself provides for a later effective date, which resolution shall not be subject to referendum
or limited referendum. A measure passed by such method shall not be amended or repealed except
by two-thirds (2/3) majority of the members of the Governing Body. No such attempt to amend or
repeal shall be made within one (1) year from the passage of the measure by the electors.
(Ref 18-2523 through 18-2526 RS Neb.)
§ 1-1012 INITIATIVE AND REFERENDUM; REFERENDUM LIMITATIONS.
(1) The power of referendum allows citizens the right to repeal or amend existing measures, or
portions thereof, affecting the governance of the Municipality. (Ref 18-2527 RS Neb.)
(2) The following measures shall not be subject to referendum or limited referendum:
(a) Measures necessary to carry out contractual obligations including, but not limited to,
those relating to the issuance of or provided for in bonds, notes, warrants, or other evidences of
indebtedness, for projects previously approved by a measure which was, or is, subject to referendum
or limited referendum or previously approved by a measure adopted prior to July 17, 1982;
(b) Measures relating to any industrial development projects, subsequent to measures
giving initial approval to such projects;
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(c) Measures adopting proposed budget statements following compliance with procedures
set forth in the Nebraska Budget Act;
(d) Measures relating to the immediate preservation of the public peace, health, or safety
which have been designated as urgent measures by unanimous vote of those present and voting of the
Governing Body and approved by the Mayor;
(e) Measures relating to projects for which notice has been given as provided for in
subsection 4 of this section for which a sufficient referendum petition was not filed within the time
limit stated in such notice or which received voter approval after the filing of such petition;
(f) Resolutions directing the Municipal Clerk to cause measures to be submitted to a vote
of the people at a special elections as provided in Section 1-1011 subsection C (Initiative and
Referendum; Initiative) and Section 1-1013 subsection A (Initiative and Referendum; Referendum,
Passage);
(g) Resolutions ordering an earlier effective date for measures enacted by initiative as
provided in Section 1-1011 subsection E (Initiative and Referendum; Initiative);
(h) Measures relating to any facility or system adopted or enacted pursuant to the
Integrated Solid Waste Management Act by the Municipality and which are necessary to carry out
contractual obligations provided for in previously issued bonds, notes, warrants, or other evidence of
indebtedness;
(i) Measures that amend, supplement, change, modify or repeal a zoning regulation,
restriction, or boundary and are subject to protest as provided in section 19-905 RS Neb.; and
(j) Measures relating to personnel issues, including, but not limited to, establishment,
modification or elimination of any personnel position, policy, salary, or benefit and any hiring,
promotion, demotion or termination of personnel. (Ref 18-2528(1) RS Neb.)
(3) The following measures shall be subject to limited referendum:
(a) Measures in furtherance of a policy of the, Municipality or relating to projects
previously approved by a measure which was subject to referendum or which was enacted by initiative
or has been approved by the voters at an election, except that such measures shall not be subject to
referendum or limited referendum for a period of one (1) year after any such policy or project was
approved at a referendum election, enacted by initiative, or approved by the voters at an election;
(b) Measures relating to the acquisition, construction, installation, improvement, or
enlargement, including the financing or refinancing of the costs of public ways, public property, utility
systems, and other capital projects, and measures giving initial approval for industrial development
projects; and
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(c) Measures setting utility system rates and charges, except for measures necessary to
carry out contractual obligations provided for in previously issued bonds, notes, warrants, or other
evidences of indebtedness, and pay rates and salaries for Municipal employees other than the members
of the Governing Body and the Mayor; and
(d) Measures relating to any facility or system adopted or enacted pursuant to the
Integrated Solid Waste Management Act by the Municipality except for measures necessary to carry
out contractual obligations provided for in previously issued bonds, notes, warrants, or other evidence
of indebtedness. (Ref 18-2528(2) RS Neb.)
(4) Measures subject to limited referendum shall ordinarily take effect thirty (30) days after
their passage by the Governing Body, including an override of any veto, if necessary. Referendum
petitions directed at measures subject to limited referendum shall be filed for signature verification
pursuant to Section 1-1006 (Initiative and Referendum; Petitions; Notification; Verification) within
thirty (30) days after such measure's passage by the Governing Body, including an override of any
veto, if necessary, or after notice is first published pursuant to subdivision 5(c) of this section. If the
necessary number of signatures as provided in Section 1-1011 (Initiative and Referendum; Initiative)
has been obtained within the time limitation, the effectiveness of the measure shall be suspended unless
approved by the voters. (Ref 18-2528(3) RS Neb.)
(5) For any measure relating to the acquisition, construction, installation, improvement, or
enlargement of public ways, public property, utility systems, or other capital projects or any measure
relating to any facility or system adopted or enacted pursuant to the Integrated Solid Waste
Management Act, the Municipality may exempt all subsequent measures relating to the same project
from the referendum and limited referendum procedures provided for in this Article by the following
procedure:
(a) By holding a public hearing on the project, the time and place of such hearing being
published at least once not less than five (5) days prior to the date set for hearing in a newspaper of
general circulation within the Governing Body's jurisdiction;
(b) By passage of a measure approving the project, including an override of a veto, if
necessary, at a meeting held on any date subsequent to the date of hearing; and
..
.
'
(c) After passage of such measure, including an override of a veto, if necessary, by
giving notice as follows:
--~
(i) For those projects for which applicable statutes require an ordinance or resolution
of necessity, creating a district or otherwise establishing the project, notice shall be given for such
project by including either as part of such ordinance or resolution or as part of any publicized notice
concerning such ordinance or resolution a statement that the project as described in the ordinance or
resolution is subject to limited referendum for a period of thirty (30) days after the first (1st)
publication of such notice and that, after such thirty (30) day period, the project and measures related
to it will not be subject to any further right of referendum; and
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(ii) For projects for which applicable statutes do not require an ordinance or
resolution of necessity, notice shall be given by publication of a notice concerning such projects stating
in general terms the nature of the· project and the engineer's estimate of costs of such project and
stating that the project described in the notice is subject to limited referendum for a period of thirty
(30) days after the first (1st) publication of such notice and that, after such thirty (30) day period, the
project and measures related to it will not be subject to any further right of referendum. The notice
required by this subdivision shall be published in at least one (1) newspaper of general circulation
within the Municipality and shall be published not later than fifteen (15) days after passage by the
Governing Body, including an override of a veto, if necessary, of a measure approving the project.
The right to hold such a hearing prior to the passage of the measure by the Governing Body and give
such notice after passage of such measure by the Governing Body to obtain exemption for any
particular project in a manner described in this subsection is optional and the Municipality shall not
be required to hold such a hearing or give such notice for any particular project. (Ref 18-2528(4) RS
Neb.)
(6) All measures, except as provided in subsections (2), (3) and (5) of this section, shall be
subject to the referendum procedure at any time after such measure has been passed by the Governing
Body, including an override of a veto, if necessary, or enacted by the voters by initiative. (Ref
18-2528(5) RS Neb.)
(Amended by Ord. No. 754, 5/8/01)
§ 1-1013 INITIATIVE AND REFERENDUM;
REFERENDUM,
PASSAGE.
A. Whenever a referendum petition bearing signatures equal in number to at least fifteen (15%)
percent of the qualified electors of the Municipality has been filed with the Clerk and verified pursuant
to Section 1-1006, it .shall be the duty of the Governing Body to reconsider the measure or portion
of such measure which is the object of the referendum. If the Governing Body fails to repeal or
amend the measure or portion thereof in the manner proposed by the referendum, including an
override of any veto, if necessary, within thirty (30) days from the date the Governing Body receives
notification pursuant to Section 1-1006, the Clerk shall cause the measure to be submitted to a vote of
the people at the next regularly scheduled primary or general election held within the
Municipality.
If the Governing Body desires to submit the measure to a vote of the people at a
special election prior to the next regularly scheduled primary or general election held within the
Municipality, the Governing Body shall, by resolution, direct the Clerk to cause the measure to be
submitted at a special election. Such resolution shall not be subject to referendum or limited
referendum.
B. Whenever a referendum petition bearing signatures equal in number to at least twenty (20%)
percent of the qualified voters of the Municipality which requests that a special election be called to
submit the referendum measure to a vote of the people, has been filed with the Clerk and verified, it
shall be the duty of the Governing Body to reconsider the measure or portion of such measure which
is the object of the referendum. If the Governing Body fails to repeal or amend the measure or portion
thereof, in the manner proposed by the referendum, including an override of any veto, if necessary,
the Clerk shall cause the measure to be submitted to a vote of the people at a special election called
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for such purpose within thirty (30) days from the date the Governing Body received notification. The
date of such special election shall not be less than thirty (30) nor more than sixty (60) days from the
date the Governing Body received notification.
C. If a majority of the electors voting on the referendum measure shall vote in favor of such
measure, the law subject to the referendum shall be repealed or amended. A measure repealed or
amended by referendum shall not be reenacted or returned to its original form except by a two-thirds
(2/3) majority of the members of the Governing Body. No such attempt to reenact or return the
measure to its original form shall be made within one (1) year of the repeal or amendment of the
measure by the electors. If the referendum measure does not receive a majority vote, the ordinance
shall immediately become effective or remain in effect.
(Ref 18-2529 through 18-2531 RS Neb.)
§ 1-1014 INITIATIVE AND REFERENDUM; VIOLATIONS, PENALTIES.
A. Whoever knowingly or willfully makes a false affidavit or takes a false oath regarding the
qualifications of any person to sign petitions under Sections 18-2501 through 18-2531 RS Neb. shall
be guilty of a Class I misdemeanor with a limit of three hundred ($300.00) dollars on the fine.
B. Whoever falsely makes or willfully destroys a petition or any part thereof, or signs a false
name thereto, or signs or files any petition knowing the same or any part thereof to be falsely made,
or suppresses any petition, or any part thereof, which has been duly filed, pursuant to Sections 18-2501
through 18-2531 RS Neb. shall be guilty of a Class I misdemeanor with a limit of five hundred
($500.00) dollars on the fine.
C. Whoever signs any petition under Sections 18-2501 through 18-2531 RS Neb. knowing that
he or she is not a registered voter in the place where such petition is made, aids or abets any other
person in doing any of the acts mentioned in this Section, bribes or gives or pays any money or thing
of value to any person directly or indirectly to induce him or her to sign such petition, or engages in
any deceptive practice intended to induce any person to sign a petition, shall be guilty of a Class I
misdemeanor with a limit of three hundred ($300.00) dollars on the fine.
D. Any Clerk who willfully refuses to comply .with the provisions of Sections 18-2501 through
18-2531 RS Neb. or who willfully causes unreasonable delay in the execution of his or her duties
under such sections shall be guilty of a Class I misdemeanor but imprisonment shall not be included
as part of the punishment.
(Ref 18-2532 through 18-2535 RS Neb.)
§ 1-1015 INITIATIVE AND REFERENDUM; APPLICABILITY.
The provisions of the statutes of the State of Nebraska relating to election officers, voting places,
election apparatus and blanks, preparation and form of ballots, information to voters, delivery of
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ballots, calling of elections, conduct of elections, manner of voting, counting of votes, records and
certificates of election, and recounts of votes, so far as applicable, shall apply to voting on ordinances
by the electors pursuant to this Article.
Nothing in this Article shall apply to procedures for initiatives or referendums provided in Nebraska
Revised Statutes Sections 18-412 and 18-412.02 relating to Municipal light and power plants, Sections
70-504, 70-650.01 and 70-650.02, relating to public power districts, and Sections 80-203 to
80-205 relating to soldiers and sailors monuments. (Ref 18-2536, 18-2537 RS Neb.)
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ARTICLE
11: INTERGOVERNMENTAL RISK MANAGEMENT
§ 1-1101 INTERGOVERNMENTAL RISK MANAGEMENT.
(A) PUBLIC AGENCY means any county, city, village, school district, public power district, rural
fire district, or other political subdivision of this State, the State of Nebraska, the University of
Nebraska, and any corporation whose primary function is to act as an instrumentality or agency of the
State of Nebraska. (Ref 44-4303 RS Neb.)
(B) The City Council and any one or more public agencies may make and execute an agreement
providing for joint and cooperative action in accordance with the Intergovernmental Risk Management
Act to form, become members of, and operate a risk management pool for the purpose of providing to
members risk management services and insurance coverages in the form of group self-insurance or
standard insurance, including any combination of group self-insurance and standard insurance, to protect
members against losses arising from any of the following:
(1) General liability;
(2) Damage, destruction, or loss of real or personal property, including, but not limited to,
loss of use or occupancy, and loss of income or extra expense resulting from loss of use or occupancy;
(3) Errors and omissions liability; and
(4) Workers' compensation liability.
(C) The City Council and any one (1) or more public agencies, other than school districts and
educational service units, may make and execute an agreement providing for joint and cooperative action
in accordance with the act to form, become members of, and operate a risk management pool for the
purpose of providing to members risk management services and insurance coverages in the form of
group self-insurance or standard insurance, including any combination of group self-insurance and
standard insurance, to provide health, dental, accident, and life insurance to member's employees and
officers. (Ref 44-4304 RS Neb.) (Ord. No. 773, 6/11/02)
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ARTICLE 12: PENAL PROVISION
§ 1-1201 VIOLATION; PENALTY.
(Repealed by Ord. No. 744, 7/11/00)
For penalty provisions, see section 12-101 of Chapter 12.
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CHAPTER 2: COMMISSIONS AND BOARDS
Article
1.
STANDING COMMITTEES
2.
COMMISSIONS AND BOARDS
3.
AIRPORT AUTHORITY
4.
PENAL PROVISION
1
2
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~•\
ARTICLE
1: ST ANDING COMMITTEES
§ 2-101 STANDING COMMITTEES; GENERAL PROVISIONS.
At the organizational meeting of the City Council, the Mayor shall appoint members of such
standing committees as the City Council may by ordinance, or resolution create. 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 (1) year, unless reappointed.
The following standing committees shall be appointed or reappointed each year until changed by
the Governing Body:
Streets and Alleys
Sewer and Water
Lights
Finance
3
4
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ARTICLE 2: COMMISSIONS AND BOARDS
§ 2-201 LIBRARY BOARD.
(1) The Library Board shall consist of five (5) appointed members who shall be residents of the
Municipality and who shall serve terms of four (4) years. The Governing Body shall appoint the
members of the Library Board by a majority vote. Neither the Mayor nor any member of the Governing
Body shall be a member of the Library Board. The terms of members serving on the effective date of
a change in the number of members shall not be shortened, and any successors to those members shall
be appointed as the terms of those members expire. In case of any vacancy by resignation, removal, or
otherwise, the Governing Body shall fill the vacancy for the unexpired term.
(2) No member shall receive any pay or compensation for any services rendered as a member of
the Library Board. The Governing Body may require the members of the Library Board to give a bond
in a sum set by resolution of the Governing Body and conditioned upon the faithful performance of their
duties.
"
(3) At the time of the Board's first (1st) meeting in July of each year, the Board shall organize by
selecting from their number a Chairperson and Secretary. No member of the Library Board shall serve
in the capacity of both the Chairperson and Secretary of the Board. 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 Municipal
Clerk where they shall be available for public inspection at any reasonable time.
(4) A majority of the Board members shall constitute a quorum for the transaction of business. The
Board shall meet at such times as the Governing Body may designate. Special meetings may be held
upon the call of the Chairperson, or a majority of the members of the Board.
(5) The Library Board shall have the authority to appoint a Librarian and all other employees. The
Board shall have supervisory authority over all employees of the Library including the Librarian.
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(6) The Library Board shall have general charge of the Municipal Library and shall establish
appropriate rules and regulations for the management, operation, and use of the Library. All actions of
the Board shall be subject to the review and supervision of the Governing Body. The Board shall be
responsible for making such reports and performing such additional duties as the Governing Body may
designate from time to time. (Ref 51-202 RS Neb.) (Amended by Ord. Nos. 388, 12/8/81; 467, 11/3/87;
703, 8/11/98)
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§ 2-201.05 LIBRARY BOARD; ANNUAL REPORT.
The Library Board shall, on or before the second Monday in February in each year, make a report
to the City Council of the condition of its trust on the last day of the prior fiscal year. The report shall
show all money received and credited or expended; the number of materials held, including books, video
and audio materials, software programs, and materials in other formats; the number of periodical
subscriptions on record, including newspapers; the number of materials added and the number withdrawn
from the collection during the year; the number of materials circulated during the year; and other
statistics, information, and suggestions as the Library Board may deem of general interest or as the City
Council may require. The report shall be verified by affidavit of the President and Secretary of the
Library Board. (Ref 51-213 RS Neb.) (Ord. No. 834, 2/8/05)
§ 2-201.1 LIBRARY BOARD; GENERAL POWERS AND DUTIES.
(1) The Library Board shall have the power to make and adopt such bylaws, rules, and regulations
for its own guidance and for the government of the library and reading room as it may deem expedient,
not inconsistent with sections 51-201 through 51-219 RS Neb. (Ref 51-205 RS Neb.)
(2) The Library Board shall have exclusive control of expenditures, of all money collected or
donated to the credit of the library fund, of the renting and construction of any library building, and the
supervision, care, and custody of the grounds, rooms, or buildings constructed, leased, or set apart for
that purpose. (Ref 51-207 RS Neb.)
(3) The Library Board may erect, lease, or occupy an appropriate building for the use of such a
library, and appoint a suitable librarian and assistants, fix the compensation of such appointees, and
remove such appointees at the pleasure of the Board. The Governing Body of the City shall approve any
personnel administrative or compensation policy or procedure before implementation of such policy or
procedure by the Library Board.
(4) The Library Board may establish rules and regulations for the government of the Library as may
be deemed necessary for its preservation and to maintain its. usefulness and efficiency. The Library
Board may fix and impose, by general rules, penalties and forfeitures for trespasses upon or injury to
the library grounds, rooms, books, or other property, for failure to return any book, or for violation of
any bylaw, rule, or regulation. The Board shall have and exercise such power as may be necessary to
carry out the spirit and intent of sections 51-201 through 51-219 RS Neb. in establishing and maintaining
the library and reading room. (Ref 51-211 RS Neb.)
(5) Grounds and building. The Library Board may purchase or lease grounds, exercise the power
of eminent domain, and condemn real estate for the purpose of securing a site for a library building. The
procedure to condemn property shall be exercised in the manner set forth in sections 76-704 through
76-724 RS Neb. (Ref 51-210 RS Neb.) (Ord. No. 2-201.1, 2/12/13)
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§ 2-202 PLANNING COMMISSION.
(1) The Planning Commission shall consist of five (5) regular members who shall represent, insofar
as is possible, the different professions or occupations in the Municipality 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
(2) of the regular members may be residents of the area over which the Municipality is authorized to
exercise extraterritorial zoning and subdivision regulation. When there is a sufficient number of
residents in the area over which the Municipality exercises extraterritorial zoning and subdivision
regulation, one (1) regular member of the Commission shall be a resident from such area. If it is deter•
mined 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 five hundred
(500) residents. The term of each regular member shall be three (3) years, except that the terms shall
be staggered with two, two, and one member terms expiring in alternating 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 Municipal office except when appointed to serve on the Board of Adjustment as provided in section
19-908 RS Neb. 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 Council, and conditioned upon the faithful performance
of their duties. The Commission shall elect its Chairperson and a Secretary from its members and 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 reelection. No member of the Commission
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shall serve in the capacity of both the Chairperson and Secretary of the Commission. 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 Municipal 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 nor 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 also be held upon the call of any three (3) 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 Municipality, including any areas outside its
boundaries which, in the Commission's judgment, bear relation to the planning of the Municipality, and
shall carry out the other duties and exercise the powers specified in section 19-929 RS Neb . 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 by the City
Council within thirty (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 (1) alternate member to the Commission. The alternate member shall serve without
compensation and shall hold no other Municipal office. The term of the alternate member shall be three
(3) years, and he or she shall hold office until his or 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 19-924 through 19-929 RS Neb.)
(Amended by Ord. Nos. 468, 11/3/87; 519, 3/13/90; 594, 8/9/94; 608, 2/14/95; 704, 8/11/98; 758,
9111101)
§ 2-202.5
CONDITIONAL USES.
The City Planning Commission of the city shall be empowered to grant conditional uses or special
exceptions to property owners, using the standards, procedures, and permitted uses set forth in the zoning
code. (Ord. 855, 11/14/06)
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§ 2-203 BOARD OF HEALTH.
(1) The Governing Body shall appoint a Board of Health which shall consist of four (4) members. The
members of the Board shall include the Mayor, who shall serve as Chairperson, the President of the City
Council, and two (2) 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 members of the Board shall serve, without
compensation, a one (1) year term of office, unless reappointed, and shall reorganize at the first meeting in
December of each year. No member of the Board of Health shall hold more than one (1) Board of Health
position.
(2) The Secretary shall keep full and correct minutes and records of all meetings and file the same
with the Municipal Clerk where they shall be available for public inspection during office hours. The
Board of Health shall be funded by the Governing Body from time to time out of the General Fund. A
majority of the Board shall constitute a quorum for the purpose of doing business. The Board shall meet at
such times as the Governing Body may designate. Special meetings may be held upon the call of the
Chairperson, or any two (2) members of the Board.
(3) The Board shall enact rules and regulations, which shall have the full force and effect of law,
to safeguard the health of the people of the Municipality.
The Board shall enforce the rules and
regulations and provide fines and punishments for any violations thereof. It may regulate, suppress, and
prevent the occurrence of nuisances and enforce all laws of the State of Nebraska and ordinances of the
Municipality relating to nuisances and to matters of sanitation which affect the health and safety of the
people. The Board shall regularly inspect such premises and businesses as the Governing Body may direct.
All members of the Board shall be responsible for making such reports and performing such other duties as
the Governing Body may, from time to time, designate. (Ref 17-121 RS Neb.) (Amended by Ord. Nos.
469, 1/13/87; 679, 7/8/97)
§ 2-204 through 2-210 HOSPITAL AND CLINIC BOARD.
(Repealed by Ord. No. 898, 3/13/12)
§ 2-211
BOARD OF PARK COMMISSIONERS.
(A) The Governing Body shall appoint a Board of Park Commissioners,
as follows:
( 1) The Park Board shall have charge of all municipal parks and belonging to the Municipality.
It shall consist of not less than three (3) members, who shall serve on a three (3) year rotation. Fields
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and facilities for public recreation, including, swimming pool, baseball, softball, and soccer, shall not
be under the jurisdiction of this Board and responsibility for the same will be separately established by
the Mayor and Council.
(B) All members of the Board of Park Commissioners
shall be resident freeholders in the
Municipality. The members of the Board shall serve a three (3) year term of office, with the exception
of the first (1st) Board appointed, of which one (1) member shall serve a one (1) term of office, one (1)
member shall service a three (3) year term of office. Terms of members shall be from January 1 to
December 31 of their (3rd) year in office. The Board shall serve without compensation and may be
required, in the discretion of the Governing Body, to give a bond in a sum set by resolution of the
Governing Body, and conditioned upon the faithful performance of their duties.
(C) At the time of each Board's first (1st) meeting after January 1, 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 Municipal 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 Governing
Body may designate. Special meetings may be held upon the call of the chairman, or any two (2) of the
Board members.
(D) It shall be the duty of the Board to take the immediate charge of all parks belonging to
Municipality.
The Board shall establish appropriate rules and regulations for the management, use, and
operation of the same. All employees of the Municipality doing work in or for the Municipal 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 Governing Body. The Board shall be responsible for making such reports and performing
such other duties as the Governing Body may, from time to time, designate. No member of the Governing
Body shall serve as a member of the Park Commission while serving a term of office as a member of the
Governing Body.
No member of the park commission shall serve a term of office as a member of the
Governing Body. No member of the Park Commission shall serve in capacity of both the chairman and
secretary of the Board. (Amended by Ord. Nos. 470, 1/13/87; 786, 8/13/02; 880,
11/10/09)
§2-212
SWIMMING POOL BOARD; CREATION, DUTIES.
There is hereby created a Swimming Pool Board, to be known as the "Plainview Swimming Pool
Board" which shall consist of four (4) members, all of whom shall be residents of the City. The
Swimming Pool Board shall be appointed by the Mayor with the approval of the Council. The term of
office of said members of the Board shall be for a period of four ( 4) years, with the exception of the first
(1st) Board appointed, of which one (1) member shall be appointed for one (1) year, one (1) member for
two (2) years, one (1) member for three (3) years, one (1) member for four (4) years. Upon the
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expiration of the term of office, each member appointed thereafter shall be appointed for a term of four (
4) years. Terms of members shall begin on January 1 and terminate on December 31 of their fourth (4th)
year in office. Each member appointed shall be a qualified voter of the City of Plainview, Nebraska.
The Board shall reorganize each year at its first (1st) meeting after January 1.
The Swimming Pool Board shall have the following powers and duties:
A. They shall be responsible for and take charge of the swimming pool in Plainview, Nebraska. B.
They shall set up all plans and basic rules for the operation of said swimming pool.
C. They shall employ all persons required to operate the pool with full power of employment and
power to discharge.
D.
They shall establish opening and closing dates of said pool and hourly use periods. E.
They shall establish all types of use charges.
F. They shall employ or have among their members a person responsible to account for all income
and expenditures and report the same to the City Council during the period when said pool is in
operation.
G. They shall be responsible to arrange for any and all insurance and liability protection for the
City.
H. They shall do anything and everything necessary and requisite for the efficient operation and
maintenance of said City Swimming Pool.
All members of the
constitute a quorum for
Swimming Pool Board,
of the member who has
§ 2-213
Board shall serve without pay. The majority of the members of the Board shall
the transaction of any business of the Board. In the event of a vacancy on the
the Mayor shall appoint some person to fill the vacancy for the unexpired term
resigned or departed from the Board, {Amended by Ord. No. 471, 1113187)
BOARD OF ZONING ADJUSTMENT.
(Repealed by Ord. No. 472, 4/14/87)
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§ 2-214 CITY TREE BOARD.
(A)
Definitions.
PARK TREES are herein defined as trees, shrubs, bushes and all other woody vegetation in
public parks having individual names, and all other areas owned by the City, or to which the public has
free access as a park.
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 within the City.
(B) Creation and Establishment of a City Tree Board. There is hereby created and established a
City Tree Board for the City of Plainview, Nebraska, Pierce County, Nebraska which shall consist of
four (4) members, one of whom shall be a member of the Park Board and three (3) who shall be
appointed by the Mayor with the approval of the Council Additional advisory members may be appointed
in the discretion of the Mayor.
(C) Term of Office. The term of the four (4) persons to be appointed by the Mayor shall be two (2)
years except that the term of two (2) of the members appointed to the first Board shall be for only one
(1) year and the term of two (2) members of the first Board shall be for two (2) years. In the event that
a vacancy shall occur during the term of any member, his successor shall be appointed for the unexpired portion
of the term. Term shall expire December 31, and first Board terms shall be shortened to comply with that
date.
(D) Compensation.
Members of the Board shall serve without compensation.
(E) Duties and Responsibilities. It shall be the responsibility of the 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 of Plainview, State of
Nebraska. The Board, when requested by the City Council shall consider, investigate, make finding,
report and recommend upon any special matter of question corning within the scope of its work.
(F) Operation. The 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.
..~
(G) Street Tree Species to be Planted. The official Street Tree Species List for the City of
Plainview, Nebraska shall be adopted and periodically modified by the City Tree Board. No species
other than those included in this list may be planted as Street Trees without written permission of the
City Tree Board.
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(H) Spacing. The spacing of Street Trees will be in accordance with the three species size classes
listed in the tree list and not 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.
(I) Distance From Curb and Sidewalk. The distance trees may be planted from curbs and curb lines
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, 2 feet; Medium Trees,
3 feet; and Large Trees, 4 feet.
(J)
Distance From Street Corners and Fireplugs. No Street Tree shall be planted closer than thirty•
five (35) feet of any street corner, measured from the point of nearest intersecting curbs or curblines. . No
Street Tree shall be planted closer than ten (10) feet of any fireplug.
(K) Utilities. No Street Tree other than those species listed as Small Trees in the tree list may be
planted under or within ten (10) lateral feet of any overhead utility wire, or over or within five (5) lateral
feet of any underground water line, sewer line, transmission line or other utility.
(L) Public Tree Care. The City shall have the right to plant, subject to subsection (M) herein,
prune, maintain and remove 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 subsections (G) through (K) hereof.
(M) Public Right-of- Way. 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.
(N) 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 section at the determination of the City Tree Board.
(0) 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 (8)
feet above the surface of the street or sidewalk.
(P) 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
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property owner from the private property on which they are located. For the purpose of carrying out
the provisions of this section, for the City Police 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 sixty ( 60)
days to remove the said tree or trees. In the event that the owner is a nonresident, 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 charges with the removal may enter into an agreement with the City that such work
be accomplished by the City and the expense and interest 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 cost 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 nonresident 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 nonresident 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.
(Q) Removal of Stumps. All stumps of street and park trees shall be removed below the surface of
the ground so that the top of the stump shall not project above the surface of the ground.
(R) Interference with City 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 section.
(S) Arborist's License and Bond. It shall be unlawful for any person or firm to engage in the
business or occupation of pruning, treating or removing street or park trees within the City without first
applying for and procuring for a license. The license fee shall be twenty-five dollars ($25.00) annually
in advance; provided, however, that no license shall be required of any public service company or City
employee doing such work in the pursuit of their public service-endeavors, Before any license shall be
issued, each applicant shall first file evidence of possession of liability insurance in the minimum
amounts of fifty thousand dollars ($50,000) for bodily -injury and one hundred thousand dollars
($100,000) property damage indemnifying the City or any person injured or damaged resulting from the
pursuit of such endeavors as herein described.
(T) Review by City Council. The City Council shall have the right to review the conduct, acts and
decisions of the City Tree Board. Any person may appeal from any ruling or order of the City Tree
Board to the City Council who may hear the matter and make final decision.
(U) Penalty. Any person violating any provision of this section shall be subject to a fine of not less
than twenty-five dollars ($25.00) and not more than two hundred fifty dollars ($250.00). (Ord. No. 502,
4/11/89)
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§ 2~215 PLAINVIEW COMMUNITY DEVELOPMENT AGENCY.
There is hereby created the Plainview Community Development
18-2101.01 RS Neb. 1943.
Agency pursuant to section
The Plainview Community Development Agency shall consist of five (5) citizens of the City,
appointed to staggered terms of five (5) years, commencing with terms of one (1), two (2), three (3),
four (4) and five (5) years, and appointed by the Mayor.
The Plainview Community Development Agency shall function as a community development
authority and shall have all the power and authority granted to a community redevelopment authority set
forth in sections 18-2101to18-2154 RS Neb. 1943. (Ord. No. 527, 9/11/90)
§ 2-216 MANOR BOARD; APPOINTMENT; ORGANIZATION.
The Mayor, by and with the consent of a majority of the Council shall appoint a Manor Board,
which shall consist of five (5) members, all of whom are residents of the City. All appointments to the
Board shall be for a term of three (3) years, with the exception of the first three (3) members, who shall
be appointed for staggered terms of one (1), two (2), and three (3) years, and two (2) members who shall
be appointed for staggered terms of one (1) and two (2) years. The effect of the staggered terms is to
have the terms of two (2) members expire in June of 1996, and the terms of two (2) members expire in
June of 1997, and the term of one (1) member expire in June of 1998. At the last regular, adjourned
regular or special meeting of the Council in the month of June of each year hereafter, the Mayor, by and
with the consent of the Council, or a majority of the same, shall appoint such member or members whose
terms have expired from the citizens at large, for the managing of such Public Manor for a term of three
(3) years and from and after the first (1st) day of July if the years in which he or they shall have been
appointed. If the Mayor shall fail or neglect to appoint such member or members, as above provided, the
Council shall appoint such members, by a majority vote of the Council. Neither the Mayor nor any member
of the Council shall be a member of such Board. No member of the Board shall receive any pay or
compensation for his services as a member of the Board. In cases of Board vacancies, by
resignation, removal or otherwise, the Mayor and Council shall fill such vacancies for the unexpired
term, but in no event shall any appointment to fill such vacancy be in excess of a period of three (3)
years. The Board shall prepare and adopt such rules and regulations for the efficient management of
such Manor as they deem expedient, PROVIDED THAT said rules shall establish a fiscal year identical
to the fiscal year of the City of Plainview, and said rules shall not become effective until approved by
majority vote of the City Council. (Ord. No. 596, 11/15/94) (Amended by Ord Nos. 625, 6/13/95; 899,
3/13/12)
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§ 2-217 MANOR BOARD OFFICERS; POWERS.
The Manor Board shall, at their first (1st) meeting after their appointment, and at their first (1st)
meeting of July of each year hereafter, organize by electing from their number a President,
Vice-President, and Secretary/Treasurer and such other officers as may be necessary. Three (3)
members shall constitute a quorum; provided, any motion, resolution or order passed by the Board in
order to be valid shall require the assent of two (2) members of the Board. The Board shall have the
power to adopt such bylaws, rules and regulations for their guidance and for the government of the
Manor, as they may deem expedient, subject to the supervision and control of the Mayor and Council
as provided in this and other sections, and not inconsistent with sections 2-216 through 2-221. They
shall have general control of the expenditure of all money collected or donated to the credit of the Manor
Fund, the general control of all Manor property, and the supervision, care and custody of the grounds,
rooms or buildings constructed, leased or set apart for that purpose. The renting or construction of any
Manor building, and any contracts for a term of more than one (1) year or an expenditure of more than
twenty thousand dollars ($20,000.00) shall require approval by a majority vote of the City Council.
(Ord. No. 597, 11/15/94) (Amended by Ord. No. 899, 3/13/12)
§ 2-218 MANOR BOARD; FINANCES.
All taxes levied or collected and all funds donated or in any way acquired for the erection,
maintenance or support of such Manor shall be kept for the use of such Manor, separate and apart from
the other funds of the City, and shall be drawn upon and paid out by the Assistant City Treasurer of
Manor Finance upon vouchers signed by the President of the Manor Board, and authenticated by the
Secretary of such Board, and shall not be used or disbursed for any other purpose or in any other
manner.
All moneys received by the Board or by any Manor manager or assistant of said Manor, from any
source for the use and support thereof, shall be paid immediately to the Assistant City Treasurer of
Manor Finance, and in no event shall the same be retained past the end of any one (1) month. The
Manor shall maintain a fiscal year identical to the fiscal year of the City. (Ord. No. 578, 7/22/94) (Amended
by Ord. Nos. 598, 11/15/94; 899, 3/13/12
§ 2-219 MANOR BOARD; MANAGER AND ASSISTANTS, APPOINTMENTS; RULES AND
REGULATIONS.
The Manor Board shall have power subject to contact approval by the Council as necessary, to
appoint a suitable Manor Manager and assistants, to fix their compensation, and remove their appointees
at pleasure, and shall have the power to establish such regulations for the government of such Manor as
may be deemed necessary for its preservation. To maintain its usefulness and efficiency they shall fix
and impose by general rules, room rental rates, operating room charges, costs of meals, and any other
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standard and fixed charges for the public, and shall have and exercise such powers as may be necessary to
carry out the spirit and intent of sections 2-216 through 2-222 in establishing and maintaining a public
Manor. Any bylaws, rules or regulations established by the Manor Board must be approved by the
majority vote of the Mayor and Council. (Ord. No. 599, 11/15/94)(Amended by Ord. No. 899, 3/13/12)
§ 2-220 MANOR BOARD; REPORTS.
The Manor Board shall, at each regular monthly City Council meeting, make a report to the Mayor
and Council of the condition of their trust on the last day of the previous month, showing all moneys
received and expended, number of patient room days utilized, the last annual inventory and a current
estimate of the amount of inventory of expendable property on hand, all items of capital equipment
purchased during the year, and in addition thereto, such statistics, information and suggestions as may
be deemed of general interest or as the Council may require, which report shall be verified by affidavit
of the proper officers of the Board; and the Manor Board shall make such other reports from time to
time as the Mayor and Council shall request or order. (Ord. No. 600, 11/15/94) (Amended by Ord. No.
899, 3/13/12)
§ 2-221 MANOR BOARD; DONATIONS, CONVEYANCES.
Any person may make any donation of money, land or property for the benefit of such Manor, and
the title of the property may be made to and shall vest in the City for the public Manor and such property
shall thereupon be exempt from taxation. The Mayor, subject to general requirements on the sale of
City-owned property, shall have the power to convey real estate so received by warranty deed and in
addition, shall have the power to release, upon full payment, any mortgage constituting a credit to the
Manor Fund, outstanding in the name of such Manor Board, and the signature of the Mayor on any such
deed or release shall be authenticated by the City Clerk. The Mayor and City Clerk in like manner, upon
resolution duly passed and adopted by the Council, may renew any such mortgage. (Ord. No. 601,
11/15/94) (Amended by Ord. No. 899, 3/13/12)
§ 2-222 HOSPITAL, MEDICAL CLINIC, NURSING HOME BOARD.
(Repealed by Ord. No. 898, 3/13/12)
§ 2-223 PUBLIC TRANSPORTATION BOARD.
(A) There is hereby created a Public Transportation Board, to be known as the "Plainview HandiBus Board"
which shall consist of four (4) members, all of whom shall be residents of the City. The Public Transportation
Board shall be appointed by the Mayor with the approval of the Council. The term of
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office of said members of the Board shall be for a period of four (4) years, with the exception of the first
(1st) Board appointed, of which one (1) member shall be appointed for one (1) year, one (1) member for
two (2) years, one (1) member for three (3) years, one (1) member for four (4) years. Upon the
expiration of the term of office, each member appointed thereafter shall be appointed for a term of four
(4) years. Terms of members shall begin on January 1 and terminate on December 31 of their fourth
(4th) year in office. Each member appointed shall be a qualified voter of the City of Plainview,
Nebraska. The Board shall reorganize each year at its first (1st) meeting after January 1.
(B) In addition to the basic Board, the City Administrator and one City Council Member appointed
by the Mayor shall attend meetings as ex-officio members.
(C) The Public Transportation Board shall have the following powers and duties; all subject to the
supervision, control, and approval of the City Council:
(1) They shall review and recommend all plans and basic rules for the operation of said
HandiBus.
(2) They shall interview and recommend all persons required to operate the HandiBus.
(3) They shall recommend all types of use charges.
(4) They shall employ or have among their members a person responsible to account for all
income and expenditures and report the same to the City Council.
(5) They shall do anything and everything necessary and requisite for the efficient operation
and maintenance of said HandiBus.
(D) All members of the Board shall serve without pay. Three (3) members of the Board shall
constitute a quorum for the transaction of any business of the Board. In the event of a vacancy on the
Public Transportation Board, the Mayor shall appoint some person to fill the vacancy for the unexpired
term of the member who has resigned or departed from the Board. (Ord. No. 892, 4/28/11)
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ARTICLE 3: AIRPORT AUTHORITY
[Editor's Note: Article 3 was adopted in its entirety by Ordinance No. 484, 11/10/87; Repealed by
Ordinance No. 575, 3/15/94]
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ARTICLE 4: PENAL PROVISION
§ 2-401 VIOLATION; PENALTY.
(Repealed by Ord. No. 744, 7/11/00)
For penalty provisions, see section 12-101 of Chapter 12.
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CHAPTER3: DEPARTMENTS
Article
1.
WATER DEPARTMENT
2.
SEWER DEPARTMENT
3.
FIRE DEPARTMENT AND AMBULANCE
4.
POLICE DEPARTMENT
5.
PARKS
6.
SWIMMING POOL
7.
LIBRARY
8.
LANDFILL
9.
ELECTRICAL SYSTEM
10.
COGENERA TION
11.
UTILITIES GENERALLY:
12.
PENAL PROVISION
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ARTICLE
§ 3-101 MUNICIPAL
1: WATER DEPARTMENT
WATER DEPARTMENT;
OPERATION AND FUNDING.
The Municipality owns and operates the Municipal Water Department through the City
Administrator. The Governing Body, for the purpose of defraying the cost of the care, management, and
maintenance of the Municipal Water Department 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 Water
Fund and shall remain in the custody of the Municipal Treasurer. The City Administrator shall have the
direct management and control of the Municipal Water Department and shall faithfully carry out the
duties of his office. The City Administrator shall have the authority to adopt rules and regulations for the
sanitary and efficient management of the Water Department subject to the supervision and review of the
Governing Body. The Governing Body shall set the rates to be charged for services rendered by ordinance
and shall file a copy of the rates in the office of the Municipal Clerk for public inspection at any reasonable
time. (Ref. 17-531, 17-534, 19-1305 RS Neb.)
§ 3-102 MUNICIPAL WATER DEPARTMENT; DEFINITIONS.
The following definitions shall be applied throughout this Chapter. Where no definition is specified,
the normal dictionary usage of the word shall apply.
MAIN. The term "main" is hereby defined to be any pipe other than a supply or service pipe that
is used for the purpose of carrying water to, and dispersing the same in the Municipality.
SEPARATE PREMISE. The term "separate premise" is hereby defined to be more than one (1)
consumer procuring water from the same service or supply pipe. The second (2nd) premise may be a
separate dwelling, apartment, building, or structure used for a separate business.
SERVICE PIPE. The term "service pipe" is hereby defined to be any pipe extending from the
shut-off, stop box, or curb cock at or near the lot line to and beyond the property line of the consumer
to the location on the premise where the water is to be dispersed.
SUPPLY PIPE. The term "supply pipe" is hereby defined to be any pipe tapped into a main and
extending from there to a point at or near the lot line of the consumer's premise where the shut-off, stop
box, or curb cock is located.
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§ 3-103 MUNICIPAL WATER DEPARTMENT; CONSUMER'S APPLICATION.
Every person or persons desiring a supply of water must make application therefor to the City
Administrator. Water may not be supplied to any house or private service pipe except upon the order
of the City Administrator. (Ref 17-537 RS Neb.)
§ 3-104 MUNICIPAL WATER DEPARTMENT; WATER CONTRACT.
The Municipality through its Water Department, shall furnish water to persons within its corporate
limits whose premises abut a street or alley in which a commercial main now is or may hereafter be laid.
The Water Department may, upon reaching a satisfactory agreement on the cost of additional mains,
furnish water in an area where no main is currently accessible, including locations up to two thousand
feet (2,000') outside the City limits. The rules, regulations, and water rates hereinafter named in this
Article, shall be considered a part of every application hereafter made for water service and shall be
considered a part of the contract between every consumer now or hereafter served. Without further
formality, the making of application on the part of any applicant or the use or consumption of water
service by present consumers thereof and the furnishing of water service to said consumer shall constitute
a contract between the consumer and the Municipality, to which said contract both parties are bound.
If the consumer shall violate any of the provisions of said contract or any reasonable rules and
regulations that the Governing Body may hereafter adopt, the City Administrator or his agent, may cut
off or disconnect the water service from the building or premise or place of such violation. No further
connection for water service to said building, premise, or place shall again be made save or except by
order of said Administrator or his agent. (Amended by Ord. No. 617, 3/14/95)
§ 3-105 MUNICIPAL WATER DEPARTMENT; INSTALLATION PROCEDURE.
Upon approval of the customer's application, within the corporate limits, the Municipality shall be
responsible for tapping the Municipal main and installing the supply pipe from the main to the customer's
lot line, including corporation cock, curb stop and stop box. The customer shall then be responsible for
installation of all service pipe from the curb stop located on or near his lot line to the point of
disbursement. Outside the corporate limits, the cost of all lines and installation shall be at the cost of the
customer. The water meter shall be furnished by the Municipality and installed by the customer.
In making excavations in streets, alleys, or sidewalks for the purpose of installing pipe, or making
repairs, the paving, stones, and earth must be removed and deposited in a manner that will occasion the
least inconvenience to the public and provide for adequate drainage. No person shall leave an excavation
made in the street, alley, or sidewalk open at any time without a barricade, and during the night, warning
lights. After service pipes are laid, the streets, alleys, and sidewalks shall be restored to good condition. If
the excavation in any street, alley, or sidewalk is left open or unfinished for a period of twenty-four
(24) hours or more, the City Administrator shall have the duty to finish or correct the work, and all
expenses so incurred shall be charged to the consumer. All installations or repairs of pipes require two
(2) inspections by the City Administrator. The first (1st) inspection shall be made when connections or
repairs are completed and before the pipes are covered. The second (2nd) inspection shall be made after
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the dirt work is completed and the service is restored. It is the customer's responsibility to notify the City
Administrator at the time the work is ready for each inspection. All installation shall be done under the
supervision and strictly in accordance with the rules, regulations, and specifications prescribed for such
installation by the City Administrator; provided that the said rules, regulations, and specifications have
been reviewed and approved by the Governing Body. (Ref 17-537 RS Neb.) (Amended by Ord. No. 618,
3/14/95)
§ 3-106 MUNICIPAL WATER DEPARTMENT; INSTALLATION EXPENSE.
The customer shall pay a tap fee based on the actual cost to the Municipality for pipe, fittings,
standard meter, and other materials from the main to the lot line, plus an additional ten percent (10% )
surcharge for said materials. The consumer shall then be required to pay the expense of furnishing and
installing pipe, trenching, and the necessary labor to bring water service from the said lot line to the
place of disbursement, including the cost of installation of the meter. Outside the corporate limits, the
cost of all lines and installation shall be at the cost of the customer. (Ref 17-542 RS Neb.) (Amended
by Ord. No. 619, 3/14/95)
§ 3-107 MUNICIPAL WATER DEPARTMENT; REPAIRS.
Repairs to the service pipe shall be made by and at the expense of the customer. All other repairs
to the property of the Water Department, including the meter, shall be made by the Municipality. All
water meters shall be kept in repair by the Municipality at the expense of the Municipality. When meters
are worn out, they shall be replaced and reset by the Municipality at the expense of the Municipality;
provided, that if the customer permits or allows a water meter to be damaged, injured, or destroyed
through his own recklessness, carelessness, or neglect so that the meter must be repaired or replaced,
the City Administrator shall bill and collect from the customer the cost of such meter repair or
replacement in the same manner as water rent is collected. Permitting a water meter to be damaged or
destroyed by freezing shall always be considered negligence on the part of the customer. All meters
shall be tested at the customer's request at the expense of the customer any reasonable number of times;
provided, that if the test shows the water meter to be running two (2 % ) percent or more fast, the expense
of such test shall be borne by the Municipality. The Municipality reserves the right to test any water
service meter at any time, and if said meter is found to 'be beyond repair the Municipality shall always
have the right to place a new meter on the customer's water service fixtures at Municipal expense.
Should a consumer's meter fail to register properly, the customer shall be charged for water during the
time the meter is out of repair on the basis of the monthly consumption during the same quarter of the
preceding year; provided, that if no such basis for comparison exists, the customer shall be charged such
amount as may be reasonably fixed by the City Administrator. (Ref 17-542 RS Neb.)
§ 3-108 MUNICIPAL WATER DEPARTMENT; FEES AND COLLECTIONS.
The Governing Body has the power and authority to fix the rates to be paid by the water consumers
for the use of water from the Water Department. All such fees shall be on file for public inspection at
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the office of the Municipal Clerk. The Municipal Clerk shall bill the consumers and collect all money
received by the Municipality on the account of the Water Department. He shall faithfully account for,
and pay to the Municipal Treasurer all revenue collected by him, taking his receipt therefor in duplicate,
filing one with the Municipal Clerk and keeping the other on file in the Water Department's official
records. (Ref 17-540 RS Neb.)
§ 3-109 MUNICIPAL WATER DEPARTMENT; MINIMUM RATES.
All water consumers shall be liable for the following rates provided by ordinance unless and until
the consumer shall, by written order, direct the City Administrator to shut off the water at the stop box,
in which case he shall not be liable thereafter for water rental until the water is turned on again:
Water Rates Within Corporate Limits
METER FEE, per month
Gallons used per month, per 1,000 gallons up to 10, 000 . . . . . . . . . . . . . . . . . . . . . . . .
Over 10,000 gallons per month, per 1,000 gallons
Water Rates Outside Corporate Limits
$11.24
$1.34
$1.57
METER FEE, per month
$11.80
Gallons used up to 10,000 gallons, per month, per 1,000 gallons
$1.28
Over 10,000 gallons, per month, per 1,000 gallons
$2.86
(Ref 17-542 RS Neb.) (Amended by Ord. Nos. 285, 7/11/77; 438, 12/11/84; 487, 12/8/87;525, 8/14/90;
620, 3/14/95; 660, 11/12/96; 766, 3/12/02; 822, 5/11/04; 904, 11/13/12; 912, 10/8/13)
§ 3-110 MUNICIPAL WATER DEPARTMENT; WATER BILLS.
Water bills shall be due and payable quarterly at the office of the Municipal Clerk. The City
Administrator shall read or cause to be read water meters quarterly during the months of January, April, July
and October during which service is used. The City Administrator shall direct the Municipal Clerk to
charge and collect from each customer for the amount of water· consumed since the last examination
together with any other charges, properly itemized, due .the Water Department. Bills shall be mailed on
the last day of the above named months and shall be due on the first (1st) day of the following month and
shall be payable by the tenth (10th) of that month. Bills not paid by the tenth (10th) day of that month
shall be deemed to be delinquent. Upon being deemed to be delinquent, as herein defined, the Municipal
Clerk shall give a written notice to the customer of such delinquency and shall demand payment
immediately. In the event that the bill is not paid within seven (7) days after the sending of said notice,
it shall be the duty of the City Administrator to cut off service at any time; provided, if the delinquent
customer is a known welfare recipient, it shall be the duty of the Municipal Clerk to notify the customer
and the County Welfare Department by certified mail of the proposed termination.
The City
Administrator shall assess an additional fee of two ($2.00) dollars in the event that water is shut off for
the nonpayment of any water bill, to compensate the Municipality for the additional hookup necessary
to again provide water service to the delinquent customer.
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All utility bills past due as of the twentieth (20th) day of each month, or the first business day
thereafter shall have added to the amount due a penalty in the amount of ten ( 10%) percent of the utility
bill less any applicable sales tax, as a fee to offset the extra costs involved in collection of past due utility
bills. (Ref 17-542, 18-416 RS Neb.) (Amended by Ord No. 306, 2/13/78)
§ 3-111 MUNICIPAL WATER DEPARTMENT; LIEN.
In addition to all other remedies, if a customer shall for any reason remain indebted to the
Municipality for water service furnished, such amount due, together with any rents and charges in
arrears, shall be considered a delinquent water rent which is hereby declared to be a lien upon the real
estate for which the same was used. The Municipal Clerk shall notify in writing or cause to be notified
in writing, all owners of premises or their agents whenever their tenants or lessees are sixty (60) days
or more It shall be the duty of the Utilities Superintendent on the first (1st) day of June of each year to
report to the Governing Body a list of all unpaid accounts due for water together with a description of
the premise upon which the same was used. The report shall be examined, and if approved by the
Governing Body, shall be certified by the Municipal Clerk to the County Clerk to be collected as a
special tax in the manner provided by law. (Ref 17-538 RS Neb.)
§ 3-112 MUNICIPAL WATER DEPARTMENT; SINGLE PREMISE.
No consumer shall supply water to other families, or allow them to take water from his premise, nor
after water is supplied into a building shall any person make or employ a plumber or other person to
make a tap or connection with the pipe upon the premise for alteration, extension, or attachment without
the written permission of the City Administrator. It shall further be unlawful for any person to tamper
with any water meter or by means of any contrivance or device to divert the water from the service pipe
so that the water will not pass through the meter or while passing through said meter to cause the meter
to register inaccurately. (Ref 17-537 RS Neb.)
§ 3-113 MUNICIPAL WATER DEPARTMENT; WATER CONSERVATION PLAN.
( 1) Purpose. The purpose of this section is to provide for the declaration of a water supply watch,
warning or emergency and the implementation of voluntary and mandatory water conservation measures
throughout the City in the event such a watch, warning or emergency is declared.
(2) Definitions.
CLASSES OF USES.
r--r-«;
(a) Class 1: Water used for outdoor watering; either public or private, for gardens,
lawns, trees, shrubs, plants, parks, golf courses, playing fields, swimming pools or other recreational
areas; or the washing of motor vehicles, boats, trailers, or the exterior of any building or structure.
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(b) Class 2: Water used for any commercial or industrial, including agricultural,
purposes: except water actually necessary to maintain the health and personal hygiene of bona fide
employees while such employees are engaged in the performance of their duties at their place of
employment.
(c) Class 3: Domestic usage, other than that which would be included in Classes
1or2.
(d) Class 4: Water necessary only to sustain life and the lives of domestic pets and
maintain standards of hygiene and sanitation.
CUSTOMER. The customer of record using water for any purpose from the City's water
distribution system and for which either a regular charge is made, or in the case of coin sales, a cash
charge is made at the site of delivery.
WASTE OF WATER. Includes, but is not limited to:
(a) Permitting water to escape down a gutter, ditch, or other surface drain; or
(b) Failure to repair a controllable leak of water due to defective plumbing.
WATER. Water available to the City by virtue of its water rights or any water introduced
by the City into its water distribution system, including water offered for sale at any coin-operated site.
(3) Declaration of Water Watch. Whenever the Governing Body of the City finds that conditions
indicate that the probability of a drought or some other condition causing a major water supply shortage
is rising, it shall be empowered to declare, by resolution, that a Water Watch exists and that it shall take
steps to inform the public and ask for voluntary reductions in water use. Such a Watch shall be deemed
to continue until it is declared by resolution of the Governing Body to have ended. The resolutions
declaring the existence and end of a Water Watch shall be effective upon their publication in the official
City newspaper.
(4) Declaration of Water Warning. Whenever the Governing Body of the City finds that drought
conditions or some other condition causing a major water supply shortage are present and supplies are
starting to decline, it shall be empowered to declare, by resolution, that a Water Warning exists and that
it will recommend restrictions on nonessential uses during the period of Warning. Such a Warning shall
be deemed to continue until it is declared by resolution of the Governing Body to have ended. The
resolutions declaring the beginning and ending of the Water Warning shall be effective upon their
publication in the official City newspaper.
(5) Declaration of Water Emergency. Whenever the Governing Body of the City finds that an
emergency exists by reason of a shortage of water supply needed for essential uses, it shall be
empowered to declare, by resolution, that a Water Supply Emergency exists and that it will impose
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mandatory restrictions on water use during the period of Emergency. Such an Emergency shall be
deemed to continue until it is declared by resolution of the Governing Body to have ended. The
resolutions declaring the existence and end of a Water Supply Emergency shall be effective upon their
publication in the official City newspaper.
(6) Voluntary Conservation Measures. Upon the declaration of a Water Watch or Water Warning
as provided in sections (3) and (4) above, the Mayor (or City Manager) is authorized to call on all water
consumers to employ voluntary water conservation measures to limit or eliminate nonessential water
uses including, but not limited to, limitations on the following uses:
(a) Sprinkling of water on lawns, shrubs or trees (including golf courses).
(b) Washing of automobiles.
(c) Use of water in swimming pools, fountains and evaporative air conditioning systems,
(d) Waste of water.
(7) Mandatory Conservation Measures. Upon the declaration of a Water Supply Emergency as
provided in section (5) above, the Mayor (or City Manager) is also authorized to implement certain
mandatory water conservation measures, including, but not limited to, the following:
(a) Suspension of new connections to the City's water distribution system, except connections
of fire hydrants and those made pursuant to agreements entered into by the City prior to the effective date
of the declaration of the Emergency;
(b) Restriction on uses of water in one or more classes of water use; wholly or in part;
(c) Restrictions on sales of water at coin-operated facilities or sites;
(d) The imposition of water rationing based on any reasonable formula including, but not
limited to, the percentage of normal use and per capita or per consumer restrictions;
(e) Complete or partial bans on the waste of water; and
(f) Any combination of the foregoing measures.
(8) Emergency Water Rates. Upon the declaration of a Water Supply Emergency as provided in
section (5) above, the Governing Body of the City shall have the power to adopt emergency water rates
by ordinance designed to conserve water supplies. Such emergency rates may provide for, but are not
limited to:
(a) Higher charges for increasing usage per unit of use (increasing block rates);
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(b) Uniform charges for water usage per unit of use (uniform unit rate); or
(c) Extra charges in excess of a specified level of water use (excess demand surcharge).
(9) Regulations. During the effective period of any Water Supply Emergency as provided for in
section (5) above, the Mayor (or City Manager or Water Superintendent) is empowered to promulgate
such regulations as may be necessary to carry out the provisions of this section, any Water Supply
Emergency resolution, or emergency water rate ordinance. Such regulations shall be subject to the
approval of the Governing Body at its next regular or special meeting.
(10) Violations, Disconnections and Penalties.
(a) If the Mayor, City Manager or Water Superintendent, or other City official or officials
charged with implementation and enforcement of this section or a Water Supply Emergency resolution
learn of any violation of any water use restrictions imposed pursuant to sections (7) or (9) above, a
written notice of the violation shall be affixed to the property where the violation occurred and the
customer of record or any other person known to the City who is responsible for the violation or its
correction shall be provided with either actual or mailed notice. Said notice shall describe the violation
and order that it be corrected, cured or abated immediately or within such specified time as the City
determines is reasonable under the circumstances. If the order is not complied with, the City may
terminate water service to the customer subject to the following procedures:
1. The City shall give the customer notice by mail or actual notice that water service will
be discontinued within a specified time due to the violation and that the customer will have the
opportunity to appeal the termination by requesting a hearing scheduled before the City Governing Body
or a City official designated as a hearing officer by the Governing Body.
2. If such a hearing is requested by the customer charged with the violation, he or she
shall be given a full opportunity to be heard before termination is ordered; and
3. The Governing Body or hearing officer shall make findings of fact and order whether
service should continue or be terminated.
(b) A fee of fifty dollars ($50.00) shall be paid for the re-connection of any water service
terminated pursuant to subsection (a) above. In the event of subsequent violations, the re-connection fee
shall be two hundred dollars ($200.00) for the second re-connection and three hundred dollars ($300.00)
for any additional re-connections.
(c) Violations of this section shall be a municipal offense and may be prosecuted in County
Court. Any person so charged and found guilty of violating the provisions of this section shall be guilty
of a municipal offense. Each day's violation shall constitute a separate offense. The penalty for an initial
violation shall be a mandatory fine of one hundred dollars ($100.00). The penalty for a second or
subsequent conviction shall be a minimum fine of two hundred dollars ($200.00), with a maximum fine
of five hundred dollars ($500.00).
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(11) Emergency Termination. Nothing in this section shall limit the ability of any properly
authorized City official from terminating the supply of water to any or all customers upon the
determination of such City official that emergency termination of water service is required to protect the
health and safety of the public.
(12) Severability. If any provision of this section is declared unconstitutional, or the application
thereof to any person or circumstance is held invalid, the constitutionality of the remainder of the section
and its applicability to other persons and circumstances shall not be affected thereby. (Amended by Ord
No. 806, 3/19/03)
§ 3-114 MUNICIPAL WATER DEPARTMENT; FIRE HYDRANTS.
All hydrants for the purpose of extinguishing fires are hereby declared to be public hydrants, and
it shall be unlawful for any person other than members of the Municipal Fire Department under the
orders of the Fire Chief, or the Assistant Fire Chief; or members of the Water Department to open or
attempt to open any of the hydrants and draw water from the same, or in any manner to interfere with
the hydrants.
§3-115 MUNICIPAL WATER DEPARTMENT; POLLUTION.
It shall be unlawful for any person to pollute or attempt to pollute any stream or source of water for
the supply of the Municipal Water Department. (Ref 17-536 RS Neb.)
§ 3-116 MUNICIPAL WATER DEPARTMENT; MANDATORY HOOKUP.
All persons within three hundred (300) feet of a water main shall be required, upon notice by the
Governing Body, to hookup with the Municipal Water System. (Ref 17-539 RS Neb.)
§ 3-117 MUNICIPAL WATER DEPARTMENT; WATER SERVICE CONTRACTS.
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Contracts for water service are not transferable. Any person wishing to change from one location
to another shall make a new application and sign a new contract. If any consumer shall move from the
premise where service is furnished, or if the said premise is destroyed by fire or other casualty, he shall
at once inform the City Administrator who shall cause the water service to be shut off at the said premise.
If the consumer should fail to give such notice, he shall be charged for all water used on the said premise
until the City Administrator is otherwise advised of such circumstances. (Ref 17-537 RS Neb.)
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§ 3-118 MUNICIPAL WATER DEPARTMENT; INSPECTION.
The City Administrator or his duly authorized agents, shall have free access, at any reasonable time,
to all parts of each premise and building to, or in which, water is delivered for the purpose of examining
the pipes, fixtures, and other portions of the system to ascertain whether there is any disrepair or
unnecessary waste of water. (Ref 17-537 RS Neb.)
§ 3-119 MUNICIPAL WATER DEPARTMENT; DESTRUCTION OF PROPERTY.
It shall be unlawful for any person to willfully or carelessly break, injure, or deface any building,
machinery, apparatus, fixture, attachment, or appurtenance of the Municipal Water Department. No
person may deposit anything in a stop box or commit any act tending to obstruct or impair the intended
use of any of the above mentioned property without the written permission of the City Administrator.
§ 3-120 MUNICIPAL WATER DEPARTMENT; COMPLAINTS. (Repealed by Ord. No. 340,
11/12/79)
[§ 3-121 Begins on Page 9]
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§ 3-121 MUNICIPAL UTILITIES; DISCONTINUANCE OF SERVICE, NOTICE PROCEDURE.
(This section was amended and moved to section 3-1101)
[Editor's Note: Sections 3-122 through 3-134 were adopted in their entirety by Ordinance No. 552,
10/13/92]
§ 3-122 MUNICIPAL WATER DEPARTMENT; BACKFLOW/BACKSIPHONAGE
PREVENTION; DEFINITIONS.
The following definitions shall apply in the interpretation and enforcement of this policy:
1.
Air gap separation means the unobstructed vertical distance through the free atmosphere
between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other
device and the overflow level rim of the receptacle, and shall be at least double the diameter of the
supply pipe measured vertically above the flood level rim of the vessel, but in no case less than one inch
(1 ").
2. Approved tester means a person qualified to make inspections; to test and repair backflow
prevention/cross connection control devices; and who is approved by "the City".
3. Authorized representative means any person designated by "the City" to administer this cross
connection control regulation or ordinance.
4. Auxiliary water supply means any water source or system other than "the City", that may be
available in the building or premises. This does not include other NDOH permitted public water supply
systems.
5. Backflow means the flow other than the intended direction of flow, of any foreign liquids,
gases, used water or substances into the distribution system of a public water supply system.
6. Backflow prevention device means any device, method, or type of construction intended to
prevent backflow into the public water supply system.
7. Consumer means any individual, firm, partnership, corporation or agency or their authorized
agent receiving water from "the City".
8. Contamination means an introduction of any sewage, process fluids, chemicals, wastes or any
other substance that would be objectionable. Contamination may be a threat to life or health, or may
cause an aesthetic deterioration, color, taste or odor.
9. Cross connections means any physical connection or arrangement between two (2) otherwise
separate piping systems; one of which contains potable water of the public water supply system, and the
second, water of unknown or questionable safety, or steam, gases, chemicals, or substances whereby
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there may be the backflow the second system to the public water supply system. No physical cross
connection shall be permitted between a public water supply system and an auxiliary water supply
system.
10. Degree of hazard means an evaluation of the potential risk to public health and the adverse effect
of the hazard upon anyone using the water.
11. Health hazard means any condition, device, or practice in the public water supply system which
could create or may create a danger to the health and well-being of anyone using the water or allow
contamination of the water.
12. Public water system means the water supply source, distribution system and appurtenances to
the service meter operated as a public utility which supplies potable water to the consumers' water
systems.
13. Public water supply system means the public water system and the consumers' water systems.
14. Consumer's water system means all service pipe, all distribution piping and all appurtenances
beyond the service meter of the public water system.
15. Service connection means the terminal end of the service lines from the public water system.
If a meter is installed at the end of the service, then the service connection means the downstream end
of the meter.
16. NDOH means Nebraska Department of Health.
17. Manager means City Manager.
18. "The City" shall mean Plainview.
§ 3-123 MUNICIPAL WATER DEPARTMENT; BACKFLOW/BACKSIPHONAGE
PREVENTION; CROSS CONNECTION CONTROL; GENERAL POLICY.
A. Purpose. The purpose of this policy is:
1.
To protect the public water supply system from contamination.
2. To promote the elimination, containment, isolation, or control of cross connection between
the public water supply system and nonpotable water systems, plumbing fixtures, and industrial process
systems or other systems which introduce or may introduce contaminants into the public water system
or the consumer's water system.
3. To provide for the maintenance of a continuing program of cross connection control which
will prevent the contamination of the public water supply system.
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B. Application. This ordinance shall apply to all consumers' water systems. "The City" shall also
require cross connection control devices at the service connections of other NDOH permitted public
water supply systems served by "the City".
C. Intent. This policy will be reasonably interpreted by "the City". It is the intent of "the City"
to recognize the varying degrees of hazard and to apply the principle that the degree of protection shall
be commensurate with the degree of hazard.
If, in the judgment of "the City" or its authorized representative, cross connection protection is
required through either piping modification or installation of an approved backflow prevention device,
due notice shall be given to the consumer. The consumers shall immediately comply by providing the
required protection at his own expense. The City shall inspect and approve all installations of the
required backflow prevention devices. Failure or refusal or inability on the part of the consumer to
provide such protection shall constitute grounds for the discontinuation of water service to the premises
until such protection has been provided.
§ 3-124 MUNICIPAL WATER DEPARTMENT; BACKFLOW/BACKSIPHONAGE
PREVENTION; CROSS CONNECTIONS PROHIBITED.
A. No water service connection shall be installed or maintained to any premises where actual or
potential cross connections to the public water supply system may exist unless such actual or potential
cross connections are abated or controlled to the satisfaction of "the City" or its authorized representative.
B. No connection shall be installed or maintained whereby an auxiliary water supply may enter a
public water supply system.
§ 3-125 MUNICIPAL WATER DEPARTMENT; BACKFLOW /BACKSIPHONAGE
PREVENTION; SURVEY AND INVESTIGATIONS.
A. The consumer's premises shall be open at all reasonable times to "the City" or its authorized
representative, for the conduction of surveys and investigations of water use practices within the
consumer's premises to determine whether there are actual or potential cross connections in the
consumer's water system.
B. On request by "the City" or its authorized representative, the consumer shall furnish requested
information on water use practices within his premises and in the consumer's water system.
C. On request by "the City" or its authorized representative, the consumer shall conduct periodic
surveys, at least one (1) time every five (5) years, of water use practices on the premises of the
consumer's water system to determine whether there are actual or potential cross connections. The
consumer shall provide the survey results to "the City" or its authorized representative.
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§ 3-126 MUNICIPAL WATER DEPARTMENT; BACKFLOW/BACKSIPHONAGE
PREVENTION; WHERE PROTECTION IS REQUIRED.
A. An approved backflow prevention device shall be installed on each service line to a consumer's
water system serving premises where, in the judgment of "the City" or its authorized representative or
the NDOH, actual or potential cross connections exist. The type and degree of protection required shall
be commensurate with the degree of hazard and/or type of contamination that may enter the public water
supply system.
B. An approved air gap separation or reduced pressure principle backflow retention device shall
be installed at the service connection or within any premises where, in the judgment of "the City" or its
authorized representative or the NDOH, the nature and extent of activities on the premises, or the
materials used in connection with the activities, or material stored on the premises, would present a
health hazard or contamination of the public water supply system from a cross connection. This includes
but it not limited to the following situations:
1. Premises having an auxiliary water supply, unless the quality of the auxiliary supply is
acceptable to "the City" or its authorized representative and the NDOH.
2. Premises having internal plumbing arrangement which make it impractical to ascertain
whether or not cross connections exist.
3. Premises where entry is restricted so that inspection for cross connections cannot be made
with sufficient frequency or at sufficiently short notice to assure the cross connections do not exist.
4.
Premises having a repeated history of cross connections being established or reestablished.
5. Premises, which due to the nature of the enterprise therein, are subject to recurring
modifications or expansion.
6. Premises on which any substance is handled under pressure so as to permit entry into the
public water supply system, or where a cross connection could reasonably be expected to occur. This
shall include the handling of process waters and cooling waters.·
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7.
Premises where toxic or hazardous materials are handled.
C. The following types of facilities fall into one (1) or more of the categories or premises where
an approved air gap separation or reduced pressure principle backflow prevention device may be required
by "the City" or its authorized representative or the NDOH to protect the public water supply and must
be installed at these facilities unless all hazardous or potentially hazardous conditions have been
eliminated or corrected by other methods to the satisfaction of "the City" or its authorized representative
and NDOH:
1. Hospitals, mortuaries, dental clinics, nursing and convalescent homes, medical buildings;
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2.
Testing laboratories, film laboratories, film development facilities;
3.
Sewage treatment plants, sewage pumping stations, or storm water pumping stations;
4.
Food or beverage processing plants;
5.
Chemical plants;
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6. Metal degreasing, plating industries, machine tool plants, dye and metal processing or
productions;
7.
Chemical and petroleum processing or storage plants;
8.
Car washes, automobiles servicing facilities;
9.
Lawn irrigation systems and swimming pools;
10. Laundries and dry cleaners;
11. Packing houses;
12. Power plants;
13. Premises having radioactive materials such as laboratories, industries, hospitals;
14. Rendering plants;
15. Premises having water recirculating system as used for boilers or cooling system, cooling
towers; chill water system;
16. Veterinary establishments, kennels, feedyards, stables, rodeo grounds, stockyards, pet
grooming salons;
17. Beauty salons, barbershops, massage parlors, . health clubs;
18. Fire suppression systems;
19. Multistoried buildings greater than three (3) stories in height;
20. Schools, universities, colleges;
21. Other commercial or industrial facilities which may constitute potential cross connection;
22. Bulk water loading facilities;
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23. Auxiliary water systems, wells;
24. Hazardous waste storage and disposal sites.
§ 3-127 MUNICIPAL WATER DEPARTMENT; BACKFLOW/BACKSIPHONAGE
PREVENTION; LAWN IRRIGATION SYSTEMS. (Repealed by Ord. No. 733, 319100)
§ 3-128 MUNICIPAL WATER DEPARTMENT; BACKFLOW/BACKSIPHONAGE
PREVENTION; BACKFLOW PREVENTION DEVICES.
A. Any backflow prevention device required by this ordinance shall be of a model or construction
approved by "the City" or its authorized representative and NDOH.
1. Air gap separation to be approved shall be at least twice the diameter of the supply pipe,
measured vertically above the top rim of the vessel, but in no case less than one inch (l ").
2. Double check valve assemblies or reduced pressure principle backflow prevention devices
shall appear on the current list of approved backflow prevention devices established by the NDOH,
unless the device was installed at the time this regulation/ordinance was passed and complies with
required inspection and maintenance. No device shall have gasketed fittings or require special tools for
maintenance.
§ 3-129 MUNICIPAL WATER DEPARTMENT; BACKFLOW /BACKSIPHONAGE
PREVENTION; INSTALLATION.
A. Backflow prevention devices required by this policy shall be installed at a location and in a
manner approved by "the City" or its authorized agent. All devices shall be installed at the expense of
the water consumer.
B. Backflow prevention devices installed at the service connection shall be located on the
consumer's side of the water meter, as close to the meter as is reasonably practical, and prior to any
other connection.
C. Backflow prevention devices shall be conveniently accessible for maintenance and testing, (no
more than five feet (5') above floor), protected from freezing, and where no part of the device will be
submerged or subject to flooding by any fluid. All devices shall be installed according to manufacturers'
recommendations.
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§ 3-130 MUNICIPAL WATER DEPARTMENT; BACKFLOW/BACKSIPHONAGE
PREVENTION; INSPECTION AND MAINTENANCE.
A. The consumer is required by this ordinance to inspect, test, and overhaul backflow prevention
devices in accordance with the following schedule or more often as determined by "the City" or its
authorized representative.
1. Air gap separation shall be inspected at the time of installation and checked by owner
monthly.
2. Double check valve assemblies shall be inspected and tested for tightness at the time of
installation and at least every twelve (12) months thereafter. They shall be dismantled, inspected
internally, cleaned, and repaired whenever needed at least every five (5) years.
3. Reduced pressure principle backflow prevention devices shall be inspected and tested for
tightness at the time of installation and at least every twelve (12) months thereafter. They shall be
dismantled, inspected internally, cleaned, and repaired whenever needed and at least every five (5) years.
B. Inspections, tests, and overhauls of backflow prevention devices shall be made at the expense
of the consumer and shall be performed by an approved tester.
C. Whenever backflow prevention devices required by this policy are found to be defective, they
shall be repaired or replaced without delay at the expense of the consumer.
D. The consumer must maintain a complete record of each backflow prevention device from
purchase to retirement. This shall include a comprehensive listing that includes a record of all tests,
inspections, and repairs. All records of inspections, tests, repairs, and overhauls shall be provided
within thirty (30) days of completion to "the City" or its authorized representative.
E. All backflow prevention devices shall have a tag showing the date of the last inspection, test,
or overhaul or other maintenance.
F. Backflow prevention devices shall not be-bypassed, made inoperative, removed, or otherwise
made ineffective without specific authorization by "the City" or its authorized representative.
§ 3-131 MUNICIPAL WATER DEPARTMENT; BACKFLOW/BACKSIPHONAGE
PREVENTION; VIOLATIONS AND PENALTIES.
A. The City or its authorized representative shall deny or discontinue the water service to any
premises or any consumer wherein any backflow prevention device required by this policy is not
installed, tested, and maintained in a manner acceptable to "the City" or its authorized representative,
by deadline stated in section 3-133, or if it is found that the backflow prevention device has been
removed or bypassed, or if an unprotected cross connection exists.
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B. Water service to such premises shall not be restored until the consumer is in compliance with this
cross connection regulation/ordinance
to the satisfaction of "the City" or its authorized
representative.
§ 3-132 MUNICIPAL WATER DEPARTMENT;
PREVENTION; LIABILITY CLAIMS.
BACKFLOW/BACKSIPHONAGE
The Manager or his authorized representative shall be relieved from personal liability. The City shall
hold harmless the Manager or his authorized representative when acting in good faith and without malice,
from all personal liability for any damage that may occur to any person or property as a result of any act
required or authorized by this title, or by reason of any act or omission of the Manager or his authorized
representative in the discharge of his duties hereunder. Any suit brought carrying out the provisions of
the title shall be defended by the City or the City's insurance carrier, if any, through final determination of
such proceeding.
§ 3-133 MUNICIPAL WATER DEPARTMENT; BACKFLOW /BACKSIPHONAGE
PREVENTION; SCHEDULE OF DEADLINES FOR COMPLIANCE.
A. High hazard (as defined by Nebraska State regulations).
B. Low hazards (as defined by Nebraska State regulations).
C.
New construction:
One (1) year from date of the ordinance.
Two (2) years from date of this ordinance.
At time of water service connection.
§ 3-134 MUNICIPAL WATER DEPARTMENT;
PREVENTION; DEVICES.
BACKFLOW/BACKSIPHONAGE
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The following devices are recognized for cross connection control and backflow prevention by the
NDOH:
AIR GAP
Gap must be two (2) pipe diameters (in no instance less than one inch {1 "}). Must be inspected
annually. Satisfactory for any material. Whenever practical the control method of choice.
REDUCED PRESSURE PRINCIPLE BACKFLOW PREVENTER.
Contains two (2) specifically designed, soft seated, independently acting check valves with a reduced
pressure zone (with relief valve) between the two (2) checks. Shut off valves before and after the device.
Satisfactory for most toxic materials. Significant pressure loss (10 psi or more). Must be tested and
inspected annually. Repaired as necessary.
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DOUBLE CHECK VALVE ASSEMBLY
Contains two (2) soft seated independently acting check valves in series. Shut of valves before and after
device. Adequate for nontoxic applications only. Minor pressure loss. Must be inspected and tested
annually. Repaired as necessary.
PRESSURE VACUUM BREAKER
Must be installed a minimum of twelve inches (12") above highest point of usage. No backpressure,
only backsiphonage. Can operate under constant pressure. Shut off valve can be located beyond the
vacuum breaker. Must be inspected and tested annually. Repaired as necessary.
ATMOSPHERIC VACUUM BREAKER
Must be installed a minimum of six inches (6") above highest point of usage. No backpressure, only
backsiphonage.
Not for use under constant pressure. Shut off valve must be located ahead of vacuum
breaker. No downstream valves. Must be inspected annually and repaired as necessary.
§ 3-135 DRILLING AND OPERATION OF WELLS, AND OTHER UNDERGROUND
FACILITIES OR CONT AMINA TING FACILITIES UNLAWFUL.
From and after the effective date of this section, it shall be unlawful for any person, corporation or
other legal entity to drill and/or operate any of the following facilities within the corporate limits of the
City of Plainview, without first having obtained the proper permit from the Governing Body of the City
of Plainview: Sewage lagoon; Absorption or disposal field for water; Cesspool; Dumping grounds;
Feedlot; Livestock pasture or corral; Chemical product storage facility; Petroleum product storage
facility; Pit toilet; Sanitary landfill; Septic tank; Sewage treatment plant; Sewage wet well. On or after
November 21, 2002, no new water wells of any type shall be drilled or operated within the corporate
limits, with the exception of closed loop systems used for heating and cooling. Closed loop systems shall
be subject to setbacks and permits as otherwise set forth in this code.
(Ord. No. 659, 1018196)
(Amended by Ord. No. 788, 11/12/02)
§ 3-136 WELLS AND OTHER FACILITIES; PROCEDURE TO OBTAIN PERMIT.
In order to obtain a permit to drill and/or operate any of the facilities listed in section 3-135, the
owner of property on which the proposed facility is to be located; must make application on the proper
form provided by the Governing Body of the City of Plainview. Such application must be presented to the
Plainview City Council at any regular or special meeting. After reviewing the application of any person
desiring to drill or operate any of the above-described facilities, then the Plainview City Council must
approve or deny said permit. (Ord. No. 659, 10/8/96)
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§ 3-137 DRILLING OR INSTALLATION OF OTHER FACILITIES WITHIN DESIGNATED
DISTANCE FROM MUNICIPAL WATER SOURCES; PROHIBITED.
Under no circumstances shall the Plainview City Council approve any permit to drill or operate any
of the above-described facilities within the below-referenced number of feet from the City of Plainview
Municipal water wells:
Potable Water Well
1,000 feet
Any Other Well
1,000 feet
1,000 feet
Sewage Lagoon
500 feet
Absorption or Disposal Field for Water
500
feet
Cesspool
500 feet
Dumping Grounds
500 feet
Feedlot or Feedlot Runoff
500 feet
Livestock Pasture or Corral
500 feet
Chemical Product Storage Facility
500 feet
Petroleum Product Storage Facility
500 feet
Pit Toilet
500 feet
Sanitary Landfill
500 feet
Septic Tank
500 feet
Sewage Treatment Plant
500 feet
Sewage Wet Well
(Ord. No. 659, 1018196)
§ 3-138 WELLS AND OTHER FACILITIES; PENALTIES AND ABATEMENT PROCEDURE.
In the event any of the above-described facilities are installed or operated without first having
obtained a permit from the City of Plainview and/or within a designated number of feet from the
Plainview Municipal Wells, then such facilities shall be deemed a nuisance and the Governing Body shall
abate such facility as a public nuisance pursuant to Chapter 4, Section 4-303 of the Plainview Municipal
Code. In addition thereto, any person violating any of the terms of sections 3-135 through 3-137 is
hereby determined to be "Guilty" of a Class III Misdemeanor _as the same is defined by Nebraska
Revised Statutes. The penalty for such violation shall be that as defined by the Nebraska Revised
Statutes for the violation of a Class III Misdemeanor. (Ord. No. 659, "10/8/96)
§ 3-139 WELLHEAD PROTECTION AREA.
,
(1) Definition: WELLHEAD PROTECTION AREA means the surface and subsurface area
surrounding a water well or well field supplying a public water system, through which contaminants are
reasonably likely to move toward and reach such water or well field.
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(2) The City of Plainview hereby designates a Wellhead Protection Area for the purpose of
protecting the community water supply system. The boundaries of the Wellhead Protection Area are
designated in a map prepared by Nebraska Department of Environmental Quality, dated November 2003,
which is attached to the original Ordinance 821 and incorporated herein by reference. (Ord. No. 821,
5/11/04)
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ARTICLE
§ 3-201 MUNICIPAL
2: SEWER DEPARTMENT
SEWER DEPARTMENT;
OPERATION
AND FUNDING.
(1) The Municipality owns and operates the Municipal Sewer System through the City
Administrator.
(2) For the purpose of defraying the cost of the maintenance and repairing of any sewer or water
utilities in the Municipality, the Governing Body may each year levy a tax not exceeding the maximum
limit prescribed by State law on the taxable value of all taxable property in the Municipality. The
revenue from the tax shall be known as the Water and Sewer Maintenance Fund and shall be used
exclusively for the purpose of maintenance and repairs of the water and sewer system.
(3) The City Administrator shall have the direct management and control of the Sewer Department,
shall faithfully carry out the duties of the office, and shall have the authority to adopt rules and
regulations for the sanitary and efficient management of the Department subject to the supervision and
review of the Governing Body. (Ref 17-149, 17-925.01 RS Neb.) (Amended by Ord. No. 705, 8/11/98)
§ 3-202 MUNICIPAL SEWER DEPARTMENT; DEFINITIONS.
The following definitions shall be applied throughout this Article. Where no definition is specified,
the normal dictionary usage of the word shall apply.
BIOLOGICAL OXYGEN DEMAND. The term "Biological Oxygen Demand" as used in this Code,
shall mean and include the quantity of oxygen utilized in the biochemical oxidation of organic matter
under standard laboratory procedure in five (5) days at twenty (20o) degrees C. , expressed in parts per
million by weight.
GARBAGE. The term "Garbage" as used in this 'Code, shall mean and include solid wastes from
the preparation of cooking and dispensing of food and produce.
pH. The term "pH" as used in this Code, shall mean and include the logarithm of the reciprocal of
the weight of hydrogen ions in grams per liter of solution.
PROPERLY SHREDDED. The term "Properly Shredded" as used in this Code, shall mean and
include shredding to such a degree that all particles will be carried freely under the flow conditions
normally prevailing in public sewers with no particle larger than one half (1/2 ") inch in diameter.
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SANITARY SEWER. The term "Sanitary Sewer" as used in this Code, shall mean and include a
sewer which carries sewage and to which storm, surface, and ground waters are not intentionally
admitted.
SEWAGE. The term "Sewage" as used in this Code, shall mean and include a combination of the
water-carried wastes from residences, business buildings, institutions, and industrial establishments
together with such ground, surface, and storm waters as may be present.
SEWER SYSTEM. The term "Sewer System" as used in this Code, shall mean and include all
facilities for collecting, pumping, treating, and disposing of sewage.
STORM SEWER. The term "Storm Sewer" as used in this Code, shall mean and include a sewer
which carries storm and surface drainage, but excludes sewage and polluted industrial wastes.
SUSPENDED SOLIDS. The term "Suspended Solids" as used in this Code, shall mean and include
solids that either float on the surface of, or are in immersion in water, sewage, or other liquids, and are
removable by filtering.
TRAP. The term "Trap" as used in this Code, shall mean and include a fitting or device so
constructed as to prevent the passage of air or gas through a pipe without materially affecting the flow
of sewage or waste through it.
§ 3-203 MUNICIPAL SEWER DEPARTMENT; APPLICATION FOR PERMIT.
Any person wishing to connect with the Sewer System shall make an application therefor to the City
Administrator. Sewer service may not be supplied to any house or building except upon the order of the
City Administrator. (Ref. 17-149 RS Neb.)
§ 3-204 MUNICIPAL SEWER DEPARTMENT; SEWER CONTRACT.
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The Municipality through the Municipal Sewer Department shall furnish sewer services to persons
within its corporate limits whose premises abut a street or alley in which a commercial main is now or
may hereafter be laid. The rules, regulations, and sewer rental rates hereinafter named in this Article,
shall be considered a part of every application hereafter made for sewer service and shall be considered
a part of the contract between every customer now or hereafter served. Without further formality, the
making of the application on the part of any applicant or the use of sewer service by present customers
thereof shall constitute a contract between the customer and the Municipality to which said contract both
parties are bound. If the customer shall violate any of the provisions of said contract or any reasonable
rules and regulations that the Governing Body may hereafter adopt, the City Administrator or his agent,
may cut off or disconnect the sewer service from the building or premise of such violation. No further
connection for sewer service to said building or premise shall again be made save or except by order of
the City Administrator or his agent.
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SANITARY SEWER. The term "Sanitary Sewer" as used in this Code, shall mean and include a
sewer which carries sewage and to which storm, surface, and ground waters are not intentionally
admitted.
SEWAGE. The term "Sewage" as used in this Code, shall mean and include a combination of the
water-carried wastes from residences, business buildings, institutions, and industrial establishments
together with such ground, surface, and storm waters as may be present.
SEWER SYSTEM. The term "Sewer System" as used in this Code, shall mean and include all
facilities for collecting, pumping, treating, and disposing of sewage.
STORM SEWER. The term "Storm Sewer" as used in this Code, shall mean and include a sewer
which carries storm and surface drainage, but excludes sewage and polluted industrial wastes.
SUSPENDED SOLIDS. The term "Suspended Solids" as used in this Code, shall mean and include
solids that either float on the surface of, or are in immersion in water, sewage, or other liquids, and are
removable by filtering.
TRAP. The term "Trap" as used in this Code, shall mean and include a fitting or device so
constructed as to prevent the passage of air or gas through a pipe without materially affecting the flow
of sewage or waste through it.
§ 3-203 MUNICIPAL SEWER DEPARTMENT; APPLICATION FOR PERMIT.
Any person wishing to connect with the Sewer System shall make an application therefor to the City
Administrator. Sewer service may not be supplied to any house or building except upon the order of the
City Administrator. (Ref 17-149 RS Neb.)
§ 3-204 MUNICIPAL SEWER DEPARTMENT; SEWER CONTRACT.
,
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The Municipality through the Municipal Sewer Department shall furnish sewer services to persons
within its corporate limits whose premises abut a street or alley in which a commercial main is now or
may hereafter be laid. The rules, regulations, and sewer rental rates hereinafter named in this Article,
shall be considered a part of every application hereafter made for sewer service and shall be considered
a part of the contract between every customer now or hereafter served. Without further formality, the
making of the application on the part of any applicant or the use of sewer service by present customers
thereof shall constitute a contract between the customer and the Municipality to which said contract both
parties are bound. If the customer shall violate any of the provisions of said contract or any reasonable
rules and regulations that the Governing Body may hereafter adopt, the City Administrator or his agent,
may cut off or disconnect the sewer service from the building or premise of such violation. No further
connection for sewer service to said building or premise shall again be made save or except by order of
the City Administrator or his agent.
Sewer Department
21
§ 3-205 MUNICIPAL SEWER DEPARTMENT; MANDATORY HOOK-UP.
Upon written notice by the City Administrator the property owner, occupant, or lessee of any
premise within three hundred (300') feet of any sewer main shall without delay cause the said building
to be connected with the Sewer System and equipped with inside sewerage facilities. Every building
hereafter erected shall be connected with the Sewer System at the time of its construction. In the event
that any property owner, occupant, or lessee shall neglect, fail, or refuse, within a period of ten (10)
days after notice has been given to him to do so by registered mail or by publication in a newspaper in
or of general circulation in the Municipality, to make such connection, the Governing Body shall have
the power to cause the same to be done, to assess the cost thereof against the property, and to collect the
assessment thus made in the manner provided for collection of other special taxes and assessments. (Ref.
17-149, 17-149.01 RS Neb.)
§ 3-206 MUNICIPAL SEWER DEPARTMENT; DIRECT CONNECTIONS.
Each and every building must make a direct connection with the main sewer line. Under no
circumstances will two (2) or more houses be allowed to make such connections through one (1) pipe.
(Ref. 18-503 RS Neb.)
§ 3-207 MUNICIPAL SEWER DEPARTMENT; SERVICE CONTRACTS.
Contracts for sewer service are not transferable. Any person wishing to change from one location
to another shall make a new application and sign a new contract. If any customer shall move from the
premise where service is furnished, or if the said premise is destroyed by fire or other casualty, he shall
at once inform the City Administrator who shall cause the sewer service to be shut off from the said
premise. If the customer should fail to give notice, he shall be charged for that period of time until the
City Administrator is otherwise advised of such circumstances.
§ 3-208 MUNICIPAL SEWER DEPARTMENT; INSTALLATION PROCEDURE.
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Upon the approval of his application, the customer shall be responsible for all installation of sewer
service from the Municipal main to the premises to be served. The Municipality shall install all
Municipal mains.
In making excavations in streets, alleys, or sidewalks for the purpose of installing pipe, or making
repairs, the paving, stones, and earth must be removed and deposited in a manner that will occasion the
least inconvenience to the public and provide for adequate drainage. No person shall leave an excavation
made in the street, alley, or sidewalk open at any time without a barricade, and during the night, warning
lights. After the house sewer is laid, the public ways and property shall be restored to good condition.
If the excavation in the public ways and property is left open or unfinished for a period of twenty-four
(24) hours or more, the City Administrator shall have the duty to finish or correct the work, and all
expenses so incurred shall be charged to the owner, occupant, or lessee of the property. All installations
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or repairs of pipes require two (2) inspections by the City Administrator. The first (1st) inspection shall
be made when connections or repairs are complete and before the pipes are covered. The second (2nd)
inspection shall be made after the dirt work is completed and the service restored. It is the customers
responsibility to notify the City Administrator at the time the work is ready for each inspection. All
installation shall be done under the supervision and strictly in accordance with the rules, regulations, and
specifications for such installation prescribed by the City Administrator; Provided, that the said rules,
regulations, and specifications have been reviewed and approved by the Governing Body.
All sewer pipe from the Municipal main to the lot line of the customer shall be of clay tile
construction approved by the City Administrator. Sewer pipe from the lot line to the premises served
may be of any type approved by the City Administrator.
§ 3-209 MUNICIPAL SEWER DEPARTMENT; INSTALLATION EXPENSE.
The customer, upon approval of his application for sewer service, shall pay to the Municipal Clerk
an inspection fee of two dollars and fifty cents ($2.50) to compensate the Municipality for the expense
of inspecting the sewer installation. The customer shall then be required to pay the expense of
installation from the main to the premises to be served.
§ 3-209.01 MUNICIPAL SEWER DEPARTMENT; SEWER CONNECTION FEES;
ADDITIONAL FEES IN CERTAIN SPECIAL ASSESSMENT AREAS.
In addition to other connection fees required by this Article, in an area where special assessments
have been imposed for sewer construction, any property served but not previously subjected to payment
of special assessments shall pay an additional connection fee as follows:
1. Upon connection to the line created in the special assessment project, the City Administrator
shall collect a fee at ten ($10.00) dollars per foot, for each foot that the connecting property abuts the
special assessment project.
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2. This fee shall be payable as are any other connection fees, to the City of Plainview, for deposit
in the account designated for the receipt of connection fees.
(Ord. No. 363, 11/2/81)
§ 3-210 MUNICIPAL SEWER SYSTEM; REPAIRS AND REPLACEMENT.
The Municipal Sewer Department may require the owner of any property which is within the
Municipality and connected to the public sewers or drains to repair or replace any connection line
which serves the owner's property and is broken, clogged or otherwise in need of repair or replacement.
The property owner's duty to repair or replace such a connection line shall include those portions upon
the owner's property and those portions upon public property or easements up to and including the point
of junction with the public main.
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Sewer Department
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The Municipal Clerk shall give the property owner notice by registered letter or certified mail,
directed to the last-known address of such owner or the agent of such owner, directing the repair or
replacement of such connection line. If within thirty (30) days of mailing such notice the property owner
fails or neglects to cause such repairs or replacements to be made, the City Administrator may cause
such work to be done and assess the cost upon the property served by such connection. (Ref 18-1748
RS Neb.) (Amended by Ord. No. 432, 9/11/84)
§ 3-211 MUNICIPAL SEWER DEPARTMENT; CLASSIFICATION
.
The Governing Body may classify customers of the Municipal Sewer Department for the purpose
of rental fees; provided, that such classifications are reasonable and do not discriminate unlawfully
against any consumer or group of consumers. (Ref 17-925.02 RS Neb.)
§ 3-212 MUNICIPAL SEWER DEPARTMENT; RATE SETTING.
Customers of the Municipal Sewer Department shall be charged the following rates for the use of
sewer service. Rates shall be set by ordinance and shall be on file at the office of the Municipal Clerk
for public inspection at any reasonable time:
Sewer Rates
Residential Customers, per month
$15.73, plus $1.69/1,000 gallons, based on winter usage
Commercial Customers, per month
Minimum charge, user fee . . . . . . . . $22.46, plus $1.69/1,000 gallons, based on actual usage
year round. Exceptions to the year round usage may be set up for those business who water
lawns or other usage which does not go down the sewer.
Non-resident Customers:
Any sewerage system user located outside the corporate limits shall pay at a rate which is exactly
double the above rates, depending upon what type of service is used by said user.
(Amended by Ord. Nos. 286, 7/11/77; 439, 12/11/84; 476, 9/8/87;486, 12/8/87; 524, 8/14/90; 767,
3/12/02; 822, 5/11/04; 861, 9/12/07; 905, 11/13/12; 913, 1018/V)
§ 3-213
MUNICIPAL SEWER DEPARTMENT; FEES AND COLLECTIONS
.
The Municipal Clerk shall have the duty of collecting the rental fees of the customers of the Sewer
Department quarterly on the last day of March, June, September and December. Bills shall be sent on
that date and shall be due and payable until the tenth (10th) day of the following month. Bills paid after
the tenth (10th) shall be considered delinquent. Upon being deemed delinquent, the Municipal Clerk
shall proceed to give notice to the delinquent customer and demand payment immediately. In the event
the said bill is not paid within seven (7) days after sending such written notice, the City Administrator
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shall proceed to disconnect the water service immediately; provided, if the delinquent customer is a
known welfare recipient, it shall be the duty of the Municipal Clerk to notify the customer and the
County Welfare Department by certified mail of the proposed termination.
All utility bills past due as of the twentieth (20th) day of each month, or the first business day
thereafter shall have added to the amount due a penalty in the amount of ten (10%) percent of the utility
bill less any applicable sales tax, as a fee to off-set the extra costs involved in collection of past due
utility bills. (Amended by Ord. No. 306, 2/13/78)
§ 3-214 MUNICIPAL SEWER DEPARTMENT; UNLAWFUL USE.
It shall be unlawful for any person to discharge or cause to be discharged any storm water, surface
water, ground water, roof runoff, surface drainage, or unpolluted industrial process waters into the
sanitary sewer. Except as hereinafter provided, no person shall discharge or cause to be discharged any
of the following described waters or wastes into the Municipal Sewer System:
1.
Liquids or vapors having a temperature higher than one hundred fifty (150) degrees F.
2. Water or waste which may contain more than one hundred (100) parts per million by weight
of fat, oil or grease.
3.
Gasoline, benzene, naptha, fuel oil, other flammable or explosive liquid, solid, or gas.
4.
Garbage that has not been properly shredded.
5. Sand, mud, metal, rags, paper,or other solid or viscous substance capable of causing obstruction
to the flowing the sewer system.
6. Toxic or poisonous substances in sufficient quantity to interfere with or injure the sewage
treatment process, constitute a hazard to humans, animals, or fish, or create any hazard in the receiving
area of the sewage treatment plant.
7. Suspended solids of such character and quantity that unusual attention or expense is required
to handle such materials.
8.. Waters or wastes having a pH lower than 5.5 or higher than 9.0 or having other corrosive
properties capable of causing damage to the structures, equipment, and personnel of the Municipal Sewer
Department.
9.
Any noxious or malodorous gas or substance capable of creating a public nuisance.
(Ref: 17-145 RS Neb.)
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§ 3-215 MUNICIPAL SEWER DEPARTMENT; SPECIAL EQUIPMENT.
In the event a customer of the Municipal Sewer Department discharges an unusually large amount
of waste daily, an unusually large amount of grease or oil, or waste with an unusually high biochemical
oxygen demand the City Administrator may require the said customer to install interceptors or other
preliminary treatment equipment to reduce the objectionable characteristics of the waste to within such
maximum limits as he shall prescribe subject to the review of the Governing Body. All preliminary
treatment facilities shall be purchased and maintained continuously in satisfactory and efficient operation
at the customer's expense. Nothing herein shall be construed to prohibit a special agreement or
arrangement between the Governing Body and an industrial concern whereby an industrial waste of
unusual strength or character may be accepted by the Municipality for treatment subject to additional
rental fees or other charges.
§ 3-216 MUNICIPAL SEWER DEPARTMENT; MANHOLES.
Entrance into a manhole or opening for any purpose except by authorized persons is hereby
prohibited. It shall be unlawful to deposit or cause to be deposited in any receptacle connected with the
Sewer System any substance which is not the usual and natural waste carried by the Sewer System.
§ 3-217 MUNICIPAL SEWER DEPARTMENT; INSPECTIONS.
The chief sewer official or his authorized agents, shall have free access at any reasonable time to
all parts of each premise and building which is connected with the Sewer System to ascertain whether
there is any disrepair or violations of this Article therein.
§ 3-218 MUNICIPAL SEWER DEPARTMENT; LIEN.
In addition to all other remedies, if a customer shall for any reason remain indebted to the
Municipality for sewer service furnished, such amount due, together with any rents and charges in
arrears shall be considered a delinquent sewer rent which is hereby declared to be a lien upon the real
estate for which the same was furnished. The Municipal Clerk shall notify in writing or cause to be
notified in writing, all owners of premises or their agents whenever their tenants or lessees are sixty (60)
days or more delinquent in the payment of sewer rent. It shall be the duty of the Utilities Superintendent
on the first (1st) day of June of each year to report to the Governing Body a list of all unpaid accounts
due for sewer service together with a description of the premise served. The report shall be examined,
and if approved by the Governing Body, shall be certified by the Municipal Clerk to the County Clerk
to be collected as a special tax in the manner provided by law. (Ref. 17-925.01 RS Neb.)
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ARTICLE 3: FIRE DEPARTMENT AND AMBULANCE
§ 3-301 MUNICIPAL FIRE DEPARTMENT; OPERATION AND FUNDING.
The Municipality operates the Municipal Fire Department through the Municipal Fire Chief and
Firemen. The Governing Body, for the purpose of defraying the cost of the management, maintenance,
and improving the Fire Department may each year levy a tax not exceeding the maximum limits
prescribed by State law, on the actual valuation of all real estate and personal property within the
Municipality that is subject to taxation. The revenue from the said tax shall be known as the Fire
Department Fund. The Fund shall be at all times in the possession of the Municipal Treasurer.
In addition to the above, the Fire Department is authorized to enter into agreement with the
appropriate Rural Fire District for the mutual aid and protection of the residents of both the Municipality
and Rural Fire District. The agreement so entered, shall be on file at the office of the Municipal Clerk
for public inspection. (Ref 17-147, 17-718, 17-953 RS Neb.)
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§ 3-302 MUNICIPAL FIRE DEPARTMENT; FIRE CHIEF.
The Fire Chief shall manage the Fire Department and it shall be his duty to inform the Governing
Body when any of the fire engines, hose, ladders, or other apparatus needs repair. Upon the written
consent and directive of the Governing Body, the Fire Chief shall cause the repair, improvement, or
maintenance of the said equipment and shall personally supervise and approve of the same. It shall be
the duty of the Fire Chief to come before the Governing Body at the regular meeting in January of each
year to give an annual report to the Governing Body of the general condition and the proposed additions
or improvements recommended by him.
§ 3-303 MUNICIPAL FIRE DEPARTMENT; AMBULANCE SQUAD MERGER; MEMBERSHIP.
(A) The Fire Department shall consist of so many-members as may be decided by the City Council.
The members may organize themselves in any way they may decide, subject to the review of the City
Council. The Fire Chief shall appoint no more than 25 members for each fire department company
subject to the review and approval of the City Council. All vacancies shall be filled in this manner. The
Municipal Ambulance Squad, established under Chapter 5 RS Neb. 1996, as amended, relating to
Emergency Medical Services, shall be and hereby is merged with the Municipal Fire Department, as a
separate Company thereof, to be known as the EMS Division. The Ambulance Squad may maintain a
separate budget within the general Fire Department operations.
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(B) All members of the Fire Department shall be subject to such rules and regulations, and shall
perform such duties, as may be prescribed or required of them by the Fire Chief or the City Council. The
members of the Fire Department shall, during the time of a fire or great public danger, have and exercise
the powers and duties of police officers and shall have full power and authority to arrest all persons
guilty of any violation of the municipal code or the laws of the State of Nebraska.
(C) Members of the Fire Department may hold meetings and engage in social activities with the
approval of the City Council. The secretary shall, upon request, keep a record of all meetings and shall
make a report to the City Council of all meetings and activities of the Fire Department.
(D) Members of the Fire Department shall be considered to be employees of the city for the purpose
of providing them with workers' compensation and other benefits. The City Council may compensate
or reimburse any member of the Fire Department for expenses incurred in carrying out his or her duties
in an amount set by resolution.
(E) The City Council shall purchase and maintain in force a policy of group term life insurance to
age sixty-five (65) covering the lives of all of the City's active volunteer fire and rescue personnel,
except that when any such person serves more than one municipality or rural or suburban fire protection
district, the policy shall be purchased only by the first municipality or district which he or she serves.
The policy shall provide a minimum death benefit of $10,000 for death from any cause and shall, at the
option of the insured, be convertible to a permanent form of life insurance at age sixty-five (65). The
coverage of such policy shall terminate as to any individual who ceases to be an active volunteer member
of the Fire Department of the City. (Ref 35-108 RS Neb.)
(F) For purposes of section 33-139.01 RS Neb., volunteer firefighters and rescue squad members
testifying as witnesses in that capacity alone shall not be deemed employees of the City. (Ref 33-139.01
RS Neb.) (Amended by Ord. Nos. 454, 11/12/85; 715, 9/10/98; 811, 3/9/03)
§ 3-304 MUNICIPAL FIRE DEPARTMENT; FIRES.
It shall be the duty of the Fire Department to use all proper means for the extinguishment of fires;
to protect property within the Municipality; and to secure the observance of all ordinances, laws, and
other rules and regulations with respect to fires and fire prevention,
§ 3-305 MUNICIPAL FIRE DEPARTMENT; DISTANT FIRES.
Upon the permission of the Mayor or Fire Chief, such fire equipment of the Municipality as may
be designated by the Governing Body as rural equipment may be used beyond the corporate limits to
extinguish reported fires.
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§ 3-306 MUNICIPAL FIRE DEPARTMENT; FIGHTING DIST ANT FIRES.
The firefighters of the Municipality shall be considered as acting in the performance and within the
scope of their duties in fighting fire or saving property or life outside the corporate limits of the
Municipality when directed to do so by the Mayor or Chief of the Fire Department or some person
authorized to act for such Chief and in so doing, may take such fire equipment of the Municipality as
may be designated by the Governing Body.
§ 3-307 MUNICIPAL FIRE DEPARTMENT; PRESERVATION OF PROPERTY.
Any official of the Municipal Fire Department shall have the power during the time of a fire to cause
the removal of any private or public property whenever it shall become necessary to do so for the
preservation of such property from fire, to prevent the spreading of fire, or to protect adjoining property.
The said officials may direct the Municipal firefighters to remove any building, structure, or fence for
the purpose of checking the progress of any fire, and the official in charge of the fire fighting effort shall
have the power to blow up, or cause to be blown up, with powder or otherwise, any building or erection
during the progress of a fire for the purpose of extinguishing or checking the same.
§ 3-308 MUNICIPAL FIRE DEPARTMENT; IMPERSONATING FIREMEN.
It shall be unlawful for any person to falsely personate a fireman by wearing a badge or other apparel
usually worn by a fireman for the purpose of obtaining any benefit whatsoever. Nothing herein shall be
construed to prohibit the theatrical representation of a fireman for bona fide entertainment purposes when
there is no intent to defraud. (Ref 28-609 RS Neb.)
§ 3-309 MUNICIPAL FIRE DEPARTMENT; MANDATORY ASSISTANCE.
Any official of the Municipal Fire Department may command the assistance and services of any
person present at a fire to help in extinguishing the fire, or in the removal and protection of property.
In the event that a spectator refuses, neglects, or fails to assist the Fire Department after a lawful order
to do so, he shall be deemed guilty of a misdemeanor.,
§ 3-310 MUNICIPAL FIRE DEPARTMENT; POWER OF ARREST.
The Municipal Fire Chief or the assistant Fire Chief shall have the power during the time of a fire
and for a period of thirty-six (36) hours after its extinguishment, to arrest any suspected arsonist, or other
person hindering or resisting the fire fighting effort, or any person who. conducts himself in a noisy or
disorderly manner. The said officials shall be severally vested with the usual powers and authority of
Municipal Policemen to command all persons to assist them in the performance of their duties.
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§ 3-311 MUNICIPAL FIREDEPARTMENT; FIREINVESTIGATION.
It shall be the duty of the Fire Department to investigate or cause to be investigated, the cause,
origin, and circumstances of every fire occurring in the Municipality in which property has been
destroyed or damaged in excess of fifty ($50.00) dollars. All fires of unknown origin shall be reported,
and such officers shall especially make an investigation and report as to whether such fire was the result
of carelessness, accident, or design. Such investigation shall be begun within two (2) days of the
occurrence of such fire and the State Fire Marshal shall have the right to supervise and direct the
investigation whenever he deems it expedient or necessary. The officer making the investigation of fires
occurring within the Municipality shall immediately notify the State Fire Marshal and shall, within one
( 1) week of the occurrence of the fire, furnish him with a written statement of all the facts relating to the
cause and origin of the fire, and such further information as he may call for. (Ref 81-506 RS Neb.)
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ARTICLE 4: POLICE DEPARTMENT
§ 3-401 POLICE DEPARTMENT; DUTIES.
(1) The Police Department shall consist of the Chief of Police and such further number of regular
policemen as may be duly ordered by resolution of the Council.
(2) The Chief of Police shall, subject to the direction of the Mayor, have control and management
of all matters relating to the Police Department, its officers and members, and shall have the custody and
control of all property and books belonging to the Department. The Chief of Police shall:
(a) Prepare and submit a monthly report to the City Council, detailing the month's activity of
the Police Department, along with progress on and status of any specific matters assigned by the Mayor
and Council; and
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(b) Attend each regular meeting of the Mayor and City Council to discuss or answer questions
on his report or any other matters coming before the Council that involve any member of the Police
Department.
(3) The Department shall execute and enforce all laws and also the orders of the Mayor. It shall be
the duty of the Department to protect the rights of persons and property. There shall be a proper police
force at all fires. The Department shall take notice of all nuisances, impediments, obstructions, and
defects in the streets, avenues, alleys, business places, and residences of the Municipality. The
Department shall execute, or cause to be executed, the processes issued and shall cause all persons
arrested to be brought before the proper court for trial as speedily as possible.
(4) The Chief of Police and all regular and special policemen shall become thoroughly conversant
with the laws of the Municipality, and shall see that the same are strictly enforced and shall make sworn
complaints against any person or persons for violation of the same. (Amended by Ord. No. 847,
2/14/06)
§ 3-402
POLICE DEPARTMENT; ARREST AND ENFORCEMENT JURISDICTION.
(A) The police officers of the Municipality shall have the power to arrest all offenders against the
laws of the State or of the City, by day or by night, in the same manner as the County Sheriff and to
keep such offenders in the municipal prison or other place to prevent their escape until trial can be had
before the proper officer. (Ref 17-118 RS Neb.)
,r-.
(B) Every municipal law enforcement officer has the power and authority to enforce the laws of this
State and the Municipality or otherwise perform the functions of that office anywhere within his or her
primary jurisdiction.
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(C) For the purpose of this section, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
LAW ENFORCEMENT
OFFICER IN NEED OF ASSISTANCE. (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 or herself or others or damage to property unless
immediately arrested; or
(iii) May destroy or conceal evidence of the commission of a crime.
PRIMARY JURISDICTION.
The geographic area within territorial limits of the Municipality. (D)
Any municipal law enforcement officer who is within this state, but beyond his or her primary
jurisdiction, has the power and authority to enforce the laws of this State or any legal ordinance of any
city or incorporated village or otherwise perform the functions of his or her office, including the
authority to arrest and detain suspects, as if enforcing the laws or performing the functions within his
or her primary jurisdiction in the following cases:
(1) Any municipal law enforcement officer, if in a fresh attempt to apprehend a person
suspected of committing a felony, may follow that person into any other jurisdiction in this State and
there arrest and detain that person and return that person to the officer's primary jurisdiction;
(2) Any municipal law enforcement officer, if in a fresh attempt to apprehend a person
suspected of committing a misdemeanor or a traffic infraction, may follow that person anywhere in an
area within twenty-five (25) miles of the boundaries of the officer's primary jurisdiction and there arrest
and detain that person and return that person to the officer's primary jurisdiction;
(3) Any municipal law enforcement officer ha~£ this 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; and
(4) If the Municipality, under the provisions of the Interlocal Cooperation Act or the Joint
Public Agency 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 this 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 Municipality shall provide liability
insurance coverage for its own law enforcement personnel as provided in section 13-1802 RS Neb.
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(E) When probable cause exists to believe that a person is operating or in the actual physical control
of any motor vehicle, motorboat, personal watercraft, or aircraft while under the influence of alcoholic
liquor or of any drug or otherwise in violation of sections 28-1465, 28-1466, 28-1472, 37-1254.01,
37-1254.02, 60-4,163, 60-4,164, 60-6,196, 60-6,197, 60-6,211.01, or 60-6,211.02 RS Neb., a
municipal law enforcement officer has the power and authority to do any of the following or any
combination thereof:
(1) Transport that person to a facility outside of the law enforcement officer's primary
jurisdiction for appropriate chemical testing of the person;
(2) Administer outside of the law enforcement officer's primary jurisdiction any post-arrest test
advisement to the person; or
(3) With respect to that person, perform other procedures or functions outside of the law
enforcement officer's primary jurisdiction which are directly and solely related to enforcing the laws that
concern a person operating or being in the actual physical control of any motor vehicle, motorboat,
personal watercraft, or aircraft while under the influence of alcoholic liquor or of any other drug or
otherwise in violation of sections 28-1465, 28-1466, 28-1472, 37-1254.01, 37-1254.02, 60-4,163,
60-4,164, 60-6,196, 60-6,197, 60-6,211.01, or 60-6,211.02 RS Neb. (Ref 29-215 RS Neb.)
(F) If municipal law enforcement personnel are rendering aid in their law enforcement capacity
outside the limits of the Municipality in the event of disaster, emergency, or civil defense emergency or
in connection with any program of practice or training for a disaster, emergency, or civil defense
emergency when that program is conducted or participated in by the Nebraska Emergency Management
Agency or with any other related training program, the law enforcement personnel have the power and
authority to enforce the laws of this State or any legal ordinances or resolutions of the local government
where they are rendering aid or otherwise perform the functions of their office, including the authority
to arrest and detain suspects, as if enforcing the.laws or performing the functions within their primary
jurisdiction. The Municipality shall self-insure or contract for insurance against any liability for personal
injuries or property damage that may be incurred by it or by its personnel as the result of any movement
made pursuant to this division. (Ref 81-829.65 RS Neb.) (Ord. No. 609 2/14/95) (Amended by Ord.
Nos. 706, 8/11/98; 3-402, 5/8/12)
§ 3-403 POLICEDEPARTMENT; POLICEOFFICERS; DISCIPLINEOR REMOVAL FROM
DUTY; NOTICEAND HEARING; DETERMINATION;
(1) No police officer, including the Chief of Police, shall be disciplined, suspended, demoted,
removed, or discharged except upon written notice stating the reasons for such disciplinary action,
suspension, demotion, removal, or discharge. Such notice shall also contain a statement informing the
police officer of his or her right to a hearing before the City Council.
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(2) Any police officer so disciplined, suspended, demoted, removed, or discharged may, within ten
days after being notified by of such disciplinary action, suspension, demotion, removal, or discharge,
file with the Municipal Clerk a written demand for a hearing before the City Council. The City Council
shall set the matter for hearing not less than ten nor more than twenty days after the filing of the written
demand for a hearing. The City Council shall give the police officer written notice of the hearing not
less than seven nor more than fourteen days prior to the hearing.
(3) At the hearing, the police officer shall have the right to:
(a) Respond in person to the charges and to present witnesses and documentary evidence;
(b) Confront and cross-examine available adverse witnesses; and
(c) To be represented by counsel.
(4) Not later than thirty days following the adjournment of the meeting at which the hearing was
held, the City Council shall vote to uphold, reverse, or modify the disciplinary action, suspension,
demotion, removal, or discharge. The failure of the City Council to act within thirty days or the failure
of a majority of the elected Councilmembers to vote to reverse or modify the disciplinary action,
suspension, demotion, removal, or discharge shall be construed as a vote to uphold the disciplinary
action, suspension, demotion, removal, or discharge. The decision of the City Council shall be based
upon its determination that, under the facts and evidence presented at the hearing, the challenged
disciplinary action, suspension, demotion, removal, or discharge was necessary for the proper
management and the effective operation of the Police Department in the performance of its duties under
the state statutes.
(5) Nothing in this section shall be construed to prevent the preemptory suspension or immediate
removal from duty of an officer, pending the .hearing authorized by this section, in cases of gross
misconduct, neglect of duty, or disobedience of orders. (Ref 17-107RSNeb.) (Ord. No. 640, 2/13/96)
§ 3-404 CONTINUING EDUCATION REQUIREMENTS; COURSE OFFERINGS.
(1) In order to maintain his or her professional status and serve the law enforcement profession,
the community, and the residents of Nebraska, each law enforcement officer shall attend at least twenty
(20) hours of continuing education courses in the areas of criminal justice and law enforcement during
each calendar year beginning on January 1 and ending on December 31. A law enforcement officer is
not required to meet the continuing education requirements in the year in which he or she first becomes
fully certified.
(2) Continuing education courses may be offered in the form of seminars, advanced education
which may include college or university classes, conferences, instruction conducted within the law
enforcement officer's law enforcement agency, or instruction conducted over the Internet, except that
instruction conducted over the Internet shall be limited to ten (10) hours annually, and shall be of a type
which has application to and seeks to maintain and improve the skills of the law enforcement officer in
carrying out his or her duties and responsibilities. (Ord. No. 908, 5/14/13)
2013 S-22
ARTICLE
5: PARKS
§ 3-501 MUNICIPAL PARKS; OPERATION AND FUNDING.
The Municipality owns and operates the Municipal Parks and other recreational areas through the
Board of Park Commissioners. The Governing Body, for the purpose of defraying the cost of the care,
management, and maintenance of the Municipal Park may each year levy a tax not exceeding the
maximum limit prescribed by State law, on the 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 Municipal Treasurer. The Board shall have the
authority to adopt rules and regulations for the efficient management of the Municipal Parks and other
recreational areas of the Municipality. (Ref 17-948 thru 17-952 RS Neb.)
§ 3-502 MUNICIPAL 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
Municipal Parks and recreational areas. No person shall commit any waste on or litter the Municipal
Parks or other public grounds.
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ARTICLE 6: SWIMMING POOL
§ 3-601 MUNICIPAL SWIMMING POOL; OPERATION AND FUNDING.
The Municipality owns and manages the Municipal Swimming Pool through the Swimming Pool
Board. The Governing Body, 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
Municipality that is subject to taxation. The revenue from the said tax shall be known as the Swimming
Pool Fund and shall include all gifts, grants, deeds of conveyance, bequests, or other valuable
income-producing personal property and real estate from any source for the purpose of endowing the
Swimming Pool. The Swimming Pool Fund shall at all times be in the custody of the Municipal
Treasurer. The Swimming Pool 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. (Ref
17-948, 17-951, 17-952 RS Neb.)
§ 3-602 MUNICIPAL SWIMMING POOL; ADMISSIONCHARGE.
The Swimming Pool may, for the purpose of defraying the expenses involved in maintaining,
improving, managing, and beautifying the Swimming Pool, make a reasonable admission charge for the
use by any person of the Municipal Swimming Pool. The said charges shall be on file at the office of
the Municipal Clerk and shall also be posted in a conspicuous place at the Municipal Swimming Pool
for public inspection. Such rates may be structured for classes of persons in a reasonable manner;
Provided, that nothing herein shall be construed to permit or allow discrimination on the basis of race,
creed, color, or national origin in the classification of persons for admission charges. (Ref 17-949 RS
Neb.)
§ 3-603 MUNICIPAL SWIMMING POOL; RENTALS.
The Swimming Pool Board shall have the authority to rent the Municipal Swimming Pool to such
organizations and other persons as they may in their discretion see fit. 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
Municipal Clerk and posted in a conspicuous place at the Municipal Swimming Pool. (Ref 17-949 RS
Neb.)
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ARTICLE
7: LIBRARY
§ 3-604 MUNICIPAL SWIMMING POOL; RULES AND ~GULATIONS.
The Swimming Pool Board 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 Governing Body. (Ref. 17-949 RS Neb.)
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ARTICLE
7: LIBRARY
§ 3-701 MUNICIPAL LIBRARY; OPERATION AND FUNDING.
The Municipality owns and manages the Municipal Library through the Library Board. The
Governing Body, 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 Municipality 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 Municipal Library. The
Library Fund shall at all times be in the custody of the Municipal Treasurer. The Board shall have the
power and authority to appoint the librarian and to hire such other employees as they 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. (Ref 51-201, 51-202, 51-211 RS Neb.)
§ 3-702 MUNICIPAL LIBRARY; 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. (Ref 51-207 RS Neb.)
§ 3-703 MUNICIPAL LIBRARY; RULES AND REGULATIONS.
The Library Board shall establish rules and regulations for the governing of the Municipal 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 he collected in civil action in the event
of failure, neglect, or refusal to pay the said assessments. (Ref 51-205, 51-214 RS Neb.)
§ 3-704 MUNICIPAL LIBRARY; 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 costs and penalty which
the Library Board may assess. (Ref 51-211 RS Neb.)
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ARTICLE
7: LIBRARY
§ 3-705 MUNICIPAL LIBRARY; BOOK REMOVAL.
It shall be unlawful for any person not authorized by the regulations made by the Library Board to
take a book from the Library, without the consent of the Librarian, or an authorized employee of the
Library. Any person removing a book from the Library without properly checking it out shall be deemed
to be guilty of a misdemeanor. (Ref 51-211 RS Neb.)
§ 3-706 MUNICIPAL LIBRARY; COST OF USE.
The Municipal Library shall be free for the use of the inhabitants of the Municipality. 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. (Ref 51-201,
51-212 RS Neb.)
§ 3-707 MUNICIPAL LIBRARY; MONEY COLLECTED.
Any money collected by the Library shall be turned over monthly by the Librarian to the Municipal
Treasurer along with a report of the sources of the revenue. (Ref 51-209 RS Neb.)
Plainview - Departments
41
ARTICLE
8: LANDFILL
§ 3-801 MUNICIPAL LANDFILL; OPERATION AND FUNDING.
The Municipality owns and operates the Municipal Landfill through the Landfill Caretaker. The
Governing Body, for the purpose of defraying the cost of the care, management, and maintenance of the
Municipal Landfill may each year levy a tax not to exceed 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 Landfill Fund and shall remain in the
custody of the Municipal Treasurer. The Landfill Caretaker shall have the direct management and
control of the Municipal Landfill and shall faithfully carry out the duties of his position. The Landfill
Caretaker shall have the authority to adopt rules and regulations for the sanitary and efficient
management of the Landfill subject to the supervision and review of the Governing Body. The Governing
Body shall provide by ordinance for the management and operation of the Landfill and shall set the rates
to be charged for services rendered by ordinance and file the same in the office of the Municipal Clerk
for public inspection at any reasonable time. (Ref 19-2101thru19-2106 RS Neb.)
§ 3-802 MUNICIPAL LANDFILL; STATE REGULATION.
The Municipality shall apply for a license to operate the Municipal Landfill. Application shall be
made to the Department of Environmental Control on forms provided by the Department. No fee shall
be charged for such licensing. Each license so issued shall expire on October 1, following the date of
issuance. It shall be the duty of the Landfill Caretaker to comply with the rules and regulations
prescribed by the Department of Environmental Control for the use and operation of the Municipal
Landfill. (Ref 81-1517, 81-1519 RS Neb.)
§ 3-803 MUNICIPAL LANDFILL; RATES.
(A) All material not priced below "per item" must be weighed on certified scales and scale tickets
provided to the city.
·
(B) The rates for the Municipal Landfill sites shall be set as follows:
C and D site:
(1) Base for construction debris except concrete:
(a) Twenty-five dollars per ton or .0125 per pound if below one ton;
(b) Five dollar minimum; and
2009 S-17
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(c) At the discretion of the operator on site, a "pickup load" may be accepted without scale
8: LANDFILL
tickets for a charge of $10 and "1/2 pickup ARTICLE
load" may be
accepted for a charge of $5.
(2) Appliances and "white goods":
(a) Ten dollars each/window air, TV, microwave, washer, dryer, stove, refrigerator, and
the like; and
(b) Additional $30 for each item with Freon in it.
(3) Concrete: $5 per ton.
(4) Scale fees will be added to the fee based on material or tonnage.
(5) Any billing not paid within 30 days shall be subject to a 10% late payment surcharge.
(6) Trees and brush from within city limits: no charge. (Ord. No. 877, 6/16/09)
2009 S-17
ARTICLE 9: ELECTRICAL SYSTEM
§ 3-901 MUNICIPAL ELECTRICAL SYSTEM; OWNERSHIP.
The Municipality owns and operates the Municipal Electrical System through the City
Administrator. The Governing Body, for the purpose of defraying the cost of the care, management, and
maintenance of the Municipal Electrical System 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 Electrical
Fund and shall remain in the custody of the Municipal Treasurer. The City Administrator shall have the
direct management and control of the Municipal Electrical System and shall faithfully carry out the duties of
his office. He shall have the authority to adopt rules and regulations for the safe and efficient
management of the Electrical System subject to the supervision and review of the Governing Body. The
Governing Body shall by ordinance set the rates to be charged for services rendered and shall file the
same in the office of the Municipal Clerk for public inspection at any reasonable time. (Ref 17-902
through 17-904, 17-906, 17-909 RS Neb.)
§ 3-902 MUNICIPAL ELECTRICAL SYSTEM; CONTRACTS AND TERMS.
The Municipality through its Electrical Department, shall furnish electric current for light and power
purposes to persons whose premises abut on any supply wire of the distribution system and may furnish
electric current to such other persons within or without its corporate limits, as and when, according to
law, its Electrical Department may see fit to do so. The rules, regulations, and rates for electric service,
hereinafter named in this Article, shall be considered a part of every application hereafter made for
electric service and shall be considered a part of the contract between every consumer now served by
the Electrical Department. Without further formality, the making of application on the part of any
applicant or the use or consumption of electric energy by present customers and the furnishing of electric
service to said applicant or customer shall constitute a contract between applicant or customer and the
Municipality, to which both parties are bound. If a customer should violate any of the provisions of said
contract or any reasonable rules and regulations that the Electrical Department may hereafter adopt, the
City Administrator, or his agent, shall cut off or disconnect the electric service from the building or
place of such violation and no further connection of electric service for such building or place shall again
be made save or except by order of the City Administrator or his agent.
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§ 3-903 MUNICIPAL ELECTRICALSYSTEM; CONSUMER'S APPLICATION; HOOK-UP
AND TRANSFERS.
(A) Every person or persons desiring electrical service must make application therefore to the City
Administrator. Every applicant shall be required to pay the utility deposit as provided by this Code or
have previously qualified for a refund of the same.
(B) Every person or persons making application shall have their original hook-up connected at no
charge upon satisfying the deposit requirement. Any subsequent move, transfer, or reconnection shall
require a $25.00 service charge if installed during normal working hours and a $50.00 service charge
on weekends and holiday, and after normal working hours.
(Ref 17-902, 19-2701 RS Neb.) (Amended by Ord. No. 789, 12/10/02)
§ 3-904 MUNICIPAL ELECTRICALSYSTEM; ELECTRICALSERVICE CONTRACTS.
Contracts for electrical service are not transferable. Any person wishing to change from one location
to another shall make a new application and sign a new contract. If any consumer shall sell, dispose, or
remove from the premise where service is furnished in his name, or if the said premise is destroyed by
fire or other casualty, he shall at once inform the City Administrator who shall cause the electrical
service to be shut off from the said premise. If the consumer should fail to give such notice, he shall be
charged for all electricity used on the said premise until the City Administrator is otherwise advised of
such circumstances. (Ref 17-902 RS Neb.)
§ 3-905 MUNICIPAL ELECTRICALSYSTEM; INSTALLATION EXPENSE AND
OWNERSHIP.
The expense of installation and ownership of equipment shall be as follows:
1.
The Municipality shall own, furnish, and install electrical wiring up to the weather head on the
meter loop;
2. The meter loop, meter socket, CT' sin three phase 'service, and all other associated distribution
lines or equipment shall be installed, maintained and owned by the consumer, with the exception of the
meter which shall remain the property of the Municipality and shall be installed by the Municipality in
the meter socket provided by the consumer;
3. All new electrical services and old services being replaced shall be installed on the outside of the
building and completely accessible to the Municipality. In the event that a meter loop is determined to be
unsafe or will not meter accurately, the Municipality shall notify the consumer in writing to have the
problem corrected, and if the problem is not corrected within thirty (30) days, the Municipality will treat
the bill as any other unpaid electrical utility bill;
2014 S-23
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4. All electrical services shall be approved by the City Administrator or his representative for
meter type and style previous to installation;
5. In the event the consumer requests underground service, the City will furnish the needed
underground wire (max. 200 Amp) up to the meter loop; the consumer shall be required to pay any cost
incurred by the Municipality which would be in addition to the cost of above ground installation.
Maintenance and replacement expense shall be apportioned in the same manner;
Whenever service is terminated or disconnected for any reason, the Municipality may remove
its property from the consumer's premises.
6,
(Amended by Ord. Nos. 473, 5/12/87; 918, 11/4/13)
§ 3-906 MUNICIPAL ELECTRICAL SYSTEM; METERS.
All electrical meters shall be read at least one (1) time each month during which electrical service
is used.
§ 3-907 MUNICIPAL ELECTRICAL SYSTEM; FEES AND COLLECTIONS.
The Governing Body has the power and authority to fix the rates to be paid by electrical consumers
for the use of electricity. All rates shall be on file for public inspection at the office of the Municipal
Clerk. The Utilities Superintendent shall bill the consumers and collect all money received by the
Municipality on the account of the Municipal Electrical System. He shall faithfully account for and pay
over the same to the Municipal Treasurer all revenue collected by him, taking his receipt therefor in
duplicate, filing one (1) with the Municipal Clerk and keeping the other on file in his official records.
(Ref 17-902 RS Neb.)
§ 3-908 MUNICIPAL ELECTRICAL SYSTEM; MINIMUM RATES.
(A) All electrical consumers shall be liable for the minimum rate provided by ordinance unless and
until the consumer shall, by written order, direct the City Manage! to shut off the electricity in which
case he shall not be liable thereafter for electrical service until the electricity is turned on again.
(B) Summer and winter rates. As provided in this section, summer rates will be for the summer
months of June - September and winter rates will be for the months of October - May.
(C) Residential service. This schedule is applicable to all Kwh sales inside City limits for residential
lighting, cooking, electric irons, toaster, radios, television, ovens, refrigeration, air conditioning and
heating, water heaters and other socket appliances and also small single-phase utility motors served
through a service meter. This schedule is applicable to mobile home parks.
2014 S-23
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Summer Rate
Customer Service Charge
$9.00
First 200 Kwh . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $0.1488/Kwh
Next 300 Kwh . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $0.1190/Kwh
Over 500 Kwh
$0.1131/Kwh
Winter Rate
Customer Service Charge
First 200 Kwh . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Next 300 Kwh . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Over 500 Kwh . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$9.00
$0.1156/Kwh
$0.1083/Kwh
$0.1005/Kwh
(D) Residential Electric Heat Service. This schedule is applicable to all Kwh sales for residential
homes inside City limits with electric heat as the primary source of heating. Before electric heat rate
is applied, and on occasions thereafter, an inspection of the heating system will be done by the City.
Summer Rate
Customer Service Charge
First 200 Kwh . . . . . . . .
Next 300 Kwh . . . . . . . .
Next 500 Kwh. . . . . . . .
Over 1,000 Kwh . . . . . .
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$9.00
$0.1488/Kwh
$0.1190/Kwh
$0.1131/Kwh
$0.1131/Kwh
Customer Service Charge
First 200 Kwh
Next 300 Kwh. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Next 500 Kwh. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Over 1,000 Kwh
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$9.00
$0.1156/Kwh
$0.1083/Kwh
$0.0791/Kwh
$0.0757/Kwh
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Winter Rate
(E) Rural Residential Service. This schedule is applicable to all Kwh sales outside City limits for
residential lighting, cooking, electric irons, toaster, radios, television, ovens, refrigeration, air
conditioning and heating, water heaters and other socket appliances and also small single-phase utility
motors served through a service meter. This schedule is applicable to mobile home parks.
Summer Rate
Customer Service Charge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $10.00
First 200 Kwh
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$0.1607/Kwh
Next300Kwh
$0.1309/Kwh
Over500Kwh
$0.1131/Kwh
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Winter Rate
Customer Service Charge
First 200 Kwh . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Next 300 Kwh
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Over 500 Kwh . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$10.00
$0.1278/Kwh
$0.1156/Kwh
$0.1005/Kwh
(F) Rural Residential Electric Heat Service. This schedule is applicable to all Kwh sales for
residential homes outside City limits with electric heat as the primary source of heating. Before electric
heat rate is applied, and on occasions thereafter, an inspection of the heating system will be done by the
City.
Summer Rate
Customer Service Charge
First 200 Kwh . . . . . . .
Next 300 Kwh . . . . . . .
Next 500 Kwh. . . . . . .
Over 1, 000 Kwh . . . . .
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$10.00
$0.1607/Kwh
$0.1309/Kwh
$0.1131/Kwh
$0. 1131/K wh
Winter Rate
Customer Service
First 200 Kwh
Next 300 Kwh . .
Next 500 Kwh . .
Over 1,000 Kwh
Charge
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$0.1278/Kwh
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $0.1156/Kwh
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $0.0791/Kwh
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $0.0757/Kwh
(G) Commercial Service (Single Phase). This schedule is applicable to all Kwh sales to all
establishments which are operating as a business and shall include single phase lighting and power. This
schedule will include apartments, churches, offices, small manufacturers, stores, shops, trailer camps and
similar operations where metered under one name. All service will be at the system's standard voltages.
Summer Rate
Customer Service Charge
First 400 Kwh . . . . . . .
Next 600 Kwh . . . . . . .
Next 5,000 Kwh . . . . .
Over 6,000 Kwh . . . . .
2014 S-23
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$12.00
$0.1433/Kwh
$0.1152/Kwh
$0.1040/Kwh
$0.0815/Kwh
48A
Electrical
System
Plainview
- Departments
48
Winter Rate
Customer Service Charge
First 400 Kwh
Next 600 Kwh. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Next 5,000 Kwh . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Over 6,000 Kwh . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.
$12.00
$0.1155/Kwh
$0.1037/Kwh
$0.0918/Kwh
$0.0859/Kwh
(H) Commercial Service (Single Phase) Electric Heat. This schedule is applicable to all Kwh sales
to single phase commercial services with commercial electric heat. If a separate meter is provided for
all commercial electric heat circuits, the City will add meters and consider as one account. All meters
will be the property of the City regardless of their location. Before the electric heat rate is applied, and
on occasion thereafter, an inspection of the heating system will be done by the City. All service will be
at the system's standard voltages.
Summer Rate
Customer Service Charge
First 400 Kwh
.- .
Next 600 Kwh . . . . . . . . . . . . . . . . . . . . . . .
Next 5,000 Kwh . . . . . . . . . . . . . . . . . . . . .
Over 6,000 Kwh . . . . . . . . . . . . . . . . . . . . .
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$12.00
$0.1433/Kwh
$0.1152/Kwh
$0.1040/Kwh
$0.0815/Kwh
Winter Rate
Customer Service Charge
$12.00
First400Kwh
$0.1155/Kwh
Next 600 Kwh. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $0.1037/Kwh
Next 5,000 Kwh . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $0.0859/Kwh
Over 6,000 Kwh . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $0.0761/Kwh
(I) Commercial Service (Three Phase). This schedule is applicable to all Kwh sales to all
establishments which are operating as a business and have three phase power. This schedule shall
include apartments, churches, offices, care centers, small manufacturers, retail stores, shops and similar
operations where metered under one customer, all at the system's standard voltage.
Summer Rate
Customer Service Charge
$15.00
First 400 Kwh
$0.1612/Kwh
Next 600 Kwh . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $0. 1319/Kwh
Next 5,000 Kwh . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $0.1201/Kwh
Over 6,000 Kwh . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $0.0967 /Kwh
2014 S-23
-----.
48A
Electrical
System
Plainview
- Departments
48
Winter Rate
Customer Service Charge
First 400 Kwh . . . . . . .
Next 600 Kwh. . . . . . .
Next 5,000 Kwh . . . . .
Over 6,000 Kwh . . . . .
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$15.00
$0.1302/Kwh
$0.1181/Kwh
$0.1101/Kwh
$0.0884/Kwh
Commercial Service (Three Phase) Electric Heat. This schedule is applicable to all Kwh sales
to three phase commercial services with commercial electric heat. If a separate meter is provided for all
commercial electric heat circuits, the City will add meters and consider as one account. All meters will be
the property of the City regardless of their location. Before the electric heat rate is applied, and on occasion
thereafter, an inspection of the heating system will be done by the City. All service will be at the system's
standard voltages.
Summer Rate
Customer Service
First 400 Kwh . .
Next 600 Kwh . .
Next 5,000 Kwh
Over 6,000 Kwh
Charge
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$15.00
$0.1612/Kwh
$0. 1319/Kwh
$0.1201/Kwh
$0.0967/Kwh
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$15.00
$0.1302/Kwh
$0.1181/Kwh
$0.0884/Kwh
$0.0757/Kwh
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Winter Rate
Customer Service
First 400 Kwh
Next 600 Kwh. .
Next 5,000 Kwh
Over 6,000 Kwh
Charge
(K) Industrial (Demand). This schedule is applicable to all establishments which are operating as a
business and have three phase power and have 50kW demand or more for any two consecutive months
with an annual usage of 12,500 Kwh/month average. The City will furnish equipment necessary for one
transformation and regulation of power and energy. Service under this schedule is not applicable to
breakdown, standby, auxiliary, resale or shared service.
Summer Rate
Customer Service Charge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $20. 00
Summer demand . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....
$8. 00/KW
All kwh energy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $0.0726/Kwh
2014 S-23
Electrical
System
Plainview
- Departments
.
48B
48C
Winter Rate
Customer Service Charge
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $20. 00
Winter demand
.
$6.67/KW
All kwh energy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $0.0569/Kwh
.
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Minimum Bill: The minimum billing demand charge.
(L) Manufacturing Electric Heat and Air Exchange Rate. A separate meter will be provided for all
manufacturing electric heat and air exchange as the primary source of heat, specifically excluding
cooling and air conditioning systems, as determined by the Municipal Electrical System. All meters will
be the property of the Municipal Electrical System regardless of their location. All inspection of the circuit
by the Municipal Electrical System must be completed before the Manufacturing Electric Heat and Air
Exchange Rate will be applied.
Summer Rate
Customer Service Charge
Summer demand . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
All kwh energy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
$20.00
$8. 00/KW
$0.0726/Kwh
----"'
Winter Rate
Customer Service Charge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $20. 00
Winter demand
$6.67/KW
All kwh energy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $0.0502/Kwh
(M) Municipal Buildings. This schedule is applicable to all Kwh sales to all establishments which
are operating as a municipal building and shall include both single phase and three phase. All service will
be at the system's standard voltages.
Summer Rate
Customer Service Charge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $0.00
All kwh energy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $0.0656/Kwh
Winter Rate
Customer Service Charge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $0. 00
All kwh energy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $0.0656/Kwh
(N) Flat Rates. This schedule is applicable to all customers who contract all Kwh sales for a flat rate.
This schedule shall include all small miscellaneous loads with minimal yearly use where metered under
one name. All service will be at the system's standard voltages.
2014 S-23
---
---
-------------~
.r>;
48C
Electrical
System
Plainview
- Departments
.
48B
Customer Service Charge
All motors in excess of 25 HP charge
(0) Effective Date. These rates will be effective for the
·
$10.00
$0.74/hp
, 2013 billing.
(P) Production Cost Adder. The City may add by resolution to the individual electric bill covering
all rates in section any increase in the cost of production over and above the price of purchased and/or
generated energy cost as of April 1, 2010. If the purchased and/or generated energy cost should
decrease, the decrease in cost may be deducted from the individual bill.
(Ref
482,
764,
911,
17-902 RS Neb.) (Amended by Ord. Nos. 275, 10/4/76; 280, 2/14/77; 448, 366, 3/9/81; 7/9/85;
11/10/87; 524, 8/14/90; 562, 8/10/93; 604, 2/14/95; 633, 1/9/96; 690, 11/13/97; 748, 3/13/01;
3/12/02; 765, 3/12/02; 793, 2/11/03; 829, 10/20/04; 862, 11/13/07; 885, 9/14/10; 903, 11/13/12;
10/8/13)
§ 3-908.01 MUNICIPAL ELECTRICAL SYSTEM;MANUFACTURING RATES. (Repealed by
Ord. No. 829, 10/20/04)
[Editor's Note: Material formerly in this section has been incorporated into Section 3-908.]
§ 3-908.02 MUNICIPAL ELECTRICAL SYSTEM; INCENTIVES FOR ELECTRIC HEAT
INSTALLATIONS
Installation of electric heat as primary heat source shall qualify for a one time incentive payment
upon completion of the installation and inspection by the City of Plainview Electric Department
personnel or the City Manager. Payment will be made in the form of a one time check from the City
of Plainview.
Heat Pump Air Source . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $150.00
Electric Furnace (Resistance) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.00
(In addition any incentive offered by other entities shall be passed through to the customer.)
Commercial and Residential are the same. NO UPGRADE· REBATES (just gas to electric)
(Ord. No. 830 10120104)
§ 3-909 MUNICIPAL ELECTRICAL SYSTEM; DELINQUENTPAYMENTS.
Electrical fees shall be due and payable monthly at the office of the City Light Plant. If said fees
are not paid within twenty (20) days after the same become due, the electricity will be turned off in
compliance with section 3-121 and not turned on again until all back fees and charges are paid, including
any penalty charge which the Governing Body may, by resolution, prescribe. (Amended by Ord. Nos.
306, 2/13/78; 339, 11/12/79)
2014 S-23
48D
Plainview - Departments
§ 3-910 MUNICIPAL ELECTRICALSYSTEM; RESTRICTEDUSE.
The Municipal Electrical System does not guarantee the delivery of electric current over the lines
of the distribution system except when it has sufficient power, current, equipment, and machinery to
do so. The City Administrator has the power and authority to disconnect or discontinue such service
for any good and sufficient reason without liability. The Municipality shall use due care and
reasonable diligence to provide and supply uninterrupted service to consumers, but shall not be
2007 S-13
49
Electrical System
liable for damages resulting from interruption of service due to causes over which the Municipality
has no control and the Municipality expressly reserves the right to discontinue or disconnect any
consumer's service without preliminary notice. (Ref 17-902 RS Neb.)
§ 3-911 MUNICIPAL ELECTRICAL SYSTEM; BUILDING MOVING.
Should any house or building moving occur or be necessary and it becomes necessary in said work
to remove or disturb any of the property or wires of the Municipal Electrical System, the same should
not be done except upon written permission received from the City Administrator, who shall then order
paid in advance the actual cost of moving the said wires and such cost shall be paid by the applicant
prior to the moving of the building or house. All expense of removing, changing, and replacing the
said wires or apparatus of the Electrical System shall be paid out of the deposit made prior to moving
and any surplus remaining after all expenses are paid shall be returned to the applicant; provided, that
if in the course of moving the said building or house it becomes apparent that additional expense will
be incurred, such additional deposit as deemed necessary may be demanded.
§ 3-912 MUNICIPAL ELECTRICAL SYSTEM; METER IN DISREPAIR.
In the event that any customer's meter falls out of repair or fails to register properly, the City
Administrator shall charge such customer the same amount billed one (1) year previous to such
disrepair. In the event that there is no such basis for comparison, the City Administrator shall charge
the customer such amount as he deems is fair both to the customer and the Municipality.
§ 3-913 MUNICIPAL ELECTRICAL SYSTEM; POSTING SIGNS.
It shall be unlawful for any person to post, tack, or fasten to the poles, structures, fixtures, or
equipment of the Municipal Electrical System any sign, poster, advertisement, or banner without
written permission from the City Administrator.
§ 3-914 MUNICIPAL ELECTRICAL SYST~M;.~COMPLAINTS.
(Repealed by Ord. No. 340,
11/12/79)
§ 3-915 MUNICIPAL ELECTRICAL SYSTEM; TRIMMING TREES.
-
Any person desiring to cut or remove trees or branches thereof in close proximity to the lines of
the Municipal Electrical System shall, before doing the said work, give reasonable written notice to
the City Clerk and shall follow any and all rules and regulations which he or she may prescribe for
doing such work. It shall be unlawful for any person felling or removing such trees or branches to
disrupt or damage the lines without first giving proper notice and receiving permission in writing to
2001 S-3
50
Plainview - Departments
do so. Any owner or contractor hired by an owner may enter into an agreement with the Municipality
that such work be accomplished by or with the assistance of the Municipality and the expense and
interest shall be declared to be a lien on such property from the time the same becomes due until paid.
If the owner fails to reimburse the Municipality after being properly billed, the costs shall be assessed
against the property and certified by the Municipal Clerk to the County Treasurer to be collected in
the manner prescribed by law. Such agreement shall include a waiver in which the owner and
contractor, if applicable, shall hold harmless the Municipality from any liability arising from the work
of the Municipality. (Amended by Ord. No. 444, 4/9/85)
§ 3-915.01 MUNICIPAL ELECTRIC SYSTEM; TRIMMING TREES.
The owner or occupant of any lot, piece, or parcel of ground on which lines or property of the
Electrical System is located, or owners of any lot, piece or parcel of ground adjacent or abutting any
property on which property of the Electrical System is located shall keep the branches or limbs of trees
on their property trimmed in such a manner to keep the electrical lines free and safe.
Whenever the limbs or branches interfere with or endanger the lines of the Electrical System, the
Governing Body at any regular or special meeting may pass a resolution ordering the owner or
occupant to cut or remove said obstructions, within ten (10) days from the date of said resolution.
Within forty-eight (48) hours of the passage of said resolution, the City Clerk shall mail a copy of the
same to the owner and occupant, by ordinary first class mail, together with a notice stating that the
Municipality will remove said branches and charge the costs thereof to the owner or occupant as a
special assessment for improvements as herein provided, if said resolution is not complied with.
In the event the property owner is a nonresident of the county in which the property lies, the
Municipality shall, before levying any special assessment against that property, send a copy of any
notice required by law to be published by means of certified mail, return receipt requested to the last
known address of the nonresident 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. (Ref. 17-557.01 RS Neb.)
(Ord. No. 445, 4/9/85)
§ 3-916 MUNICIPAL ELECTRICAL SYSTEM; INSPECTIONS.
The City Administrator or his duly authorized agents shall have free access at any reasonable time
to each premise and building to or in which electricity is supplied; provided, that in the event of an
emergency, such inspections may take place at any time. (Ref 17-902 RS Neb.)
§ 3-917 MUNICIPAL ELECTRICAL SYSTEM; DESTRUCTION OF PROPERTY.
It shall be unlawful for any person to willfully or carelessly break, injure, or deface any building,
machinery, apparatus, fixture, attachment, or appurtenance of the Municipal Electrical System. (Ref
28-512 RS Neb.)
2001 S-3
ARTICLE 10: COGENERATION
§ 3-1001 COGENERATION; PURPOSE.
In order to comply with sections 201and210 of the Public Utility Regulatory Policies Act of 1978
and with the rules and regulations of the Federal Energy Regulatory Commission pertaining thereto, the
following policies relating to interconnections of the electric system of the Municipality with
cogeneration and small power production facilities, rates for sales of electric energy to such facilities,
and rates for purchases of electric energy from such facilities are hereby established. (Ord. No. 365,
3/9/81)
§ 3-1002 COGENERATION; DEFINITIONS.
For the purpose of this Article the following definitions will apply.
AVOIDED COSTS means the incremental costs to an electric utility of electric energy or capacity
or both which, but for the purchase from qualifying facilities, such utility would generate itself or
purchase from another source.
COGENERATION FACILITY means a facility which produces electric energy and steam or other
forms of useful energy (such as heat) which are used for industrial, commercial, heating, or cooling
purposes.
INTERCONNECTION COSTS means the reasonable costs of connection, switching, metering,
transmission, distribution, safety provisions, and administrative costs incurred by the electric utility
directly related to the installation and maintenance of the physical facilities necessary to permit
interconnected operations with a qualifying facility, to the extent such costs are in excess of the
corresponding costs which the electric utility would have incurred if it had not engaged in interconnected
operations, but instead generated an equivalent amount of electric energy itself or purchased an
equivalent amount of electric energy or capacity from other sources. (Interconnection costs do not
include any costs involved in the calculation of avoided costs.)
QUALIFYING COGENERATION FACILITY means a cogeneration facility that meets the
requirements of the Federal Energy Regulatory Commission regarding ownership, fuel use, and
operating and efficiency standards.
QUALIFYING SMALL POWER PRODUCTION FACILITY means a small power production
facility that meets the requirements of the Federal Energy Regulatory Commission regarding ownership,
fuel use, fuel efficiency, and reliability.
51
52
Plainview - Departments
SMALL POWER PRODUCTION FACILITY means a facility which produces electric energy solely
by the use, as a primary energy source, of biomass, waste, renewable resources, or any combination
thereof totaling not greater than 80 megawatts at one site. (Ord. No. 365, 3/9/81)
§ 3-1003 COGENERATION; INTERCONNECTIONS WITH QUALIFYING FACILITIES.
Qualifying facilities desiring to interconnect with the electric system of the Municipality shall make
application to the Department of Utilities for such interconnection. Applicants shall use such forms as
are prescribed by the Municipality and shall furnish all information requested.
The Municipality shall establish reasonable standards to be met by qualifying facilities to ensure
system safety and reliability of interconnected operations. Such standards may include but shall not be
limited to the following areas: power factor; voltage regulations; fault, overcurrent, and over- under
voltage protection; harmonics; synchronization; and isolation.
Interconnection costs associated with the interconnection with a qualifying facility shall be paid for
by such qualifying facility. Qualifying facilities shall be required to execute contractual agreements with
the Municipality before any interconnection is established. (Ord. No. 365, 3/9/81)
§ 3-1004 COGENERATION; RATES FOR SALES OF ELECTRIC ENERGY TO QUALIFYING
FACILITIES.
Rates for sales of electric energy to qualifying facilities shall be those current standard rates adopted
from time to time by resolution of the Mayor and City Council which apply to other customers of the
utility in the same classification(s) of electric service. (Ord. No. 365, 3/9/81)
§ 3-1005 COGENERATION;
QUALIFYING FACILITIES.
RATES FOR PURCHASES OF ELECTRIC
ENERGY FROM
Rates for purchases of electric energy from qualifying facilities shall be established by resolution
of the Mayor and City Council.
Such rates shall be just and reasonable to the electric consumer of the utility and in the public
interest, shall not discriminate against qualifying cogeneration and small power production facilities, and
shall be related to avoided costs; however, in no case is the utility required to pay more than the avoided
costs.
Standard rates shall be established for purchases from qualifying facilities with a design capacity of
100 kilowatts or less. Rates for purchases from qualifying facilities with a design capacity over 100
kilowatts may be standard rates or may be by individual contracts, the terms of which are fair and
reasonable. (Ord. No. 365, 3/9/81)
-----···--····---
--ARTICLE 11: UTILITIES GENERALLY
§ 3-1101 UTILITIES GENERALLY; DISCONTINUANCE OF SERVICE, NOTICE
PROCEDURE.
(1) The Municipality shall have the right to discontinue utility services and remove its properties
if the charges for such services are not paid within seven (7) days after the date that the charges become
delinquent. Before any termination, the Municipality shall first give notice by first-class mail or in
person to any domestic subscriber whose service is proposed to be terminated. If notice is given by
first-class mail, such mail shall be conspicuously marked as to its importance. Service shall not be
discontinued for at least seven (7) days, weekends and holidays excluded, after notice is sent or given.
As to any subscriber who has previously been identified as a welfare recipient to the Municipality by the
Department of Health and Human Services, such notice shall be by certified mail and notice of such
proposed termination shall be given to the Department of Health and Human Services.
(2) The notice shall contain the following information:
(a) The reason for the proposed disconnection;
(b) A statement of the intention to disconnect unless the domestic subscriber either pays the bill or
reaches an agreement with the Municipality regarding payment of the bill;
(c) The date upon which service will be disconnected if the domestic subscriber does not take
appropriate action;
(d) The name, address, and telephone number of the employee or department to whom the domestic
subscriber may address an inquiry or complaint;
(e) The domestic subscriber's right, prior to the disconnection date, to request a conference
regarding any dispute over such proposed disconnection; .· ·
A statement that the Municipality may not disconnect service pending the conclusion of the
conference;
(t)
(g) A statement to the effect that disconnection may be postponed or prevented upon presentation
of a duly licensed physician's certificate which shall certify that the domestic subscriber or a resident
within such subscriber's household has an existing illness or handicap which would cause such subscriber
or resident to suffer an immediate and serious health hazard by the disconnection of the Municipality's
service to that household. Such certificate shall be filed with the Municipality within five (5) days of
receiving notice under this section and will prevent the disconnection of the Municipality's service for
53
54
Plainview - Departments
Utilities Generally
54
a period of thirty (30) days from such filing. Only one (1) postponement of disconnection shall be
allowed under this subsection for each incidence of nonpayment of any past-due account;
(h) The cost that will be borne by the domestic subscriber for restoration of service;
(i) A statement that the domestic subscriber may arrange with the Municipality for an installment
payment plan;
(j) A statement to the effect that those domestic subscribers who are welfare recipients may qualify
for assistance in payment of their utility bill and that they should contact their caseworker in that regard;
and
(k) Any additional information not inconsistent with this section which has received prior approval
from the Governing Body.
(3) A domestic subscriber may dispute the proposed discontinuance of service by notifying the
Municipality with a written statement that sets forth the reasons for the dispute and the relief requested.
If a statement has been made by the subscriber, a conference shall be held before the Municipality may
discontinue services.
(4) The procedures adopted by the Governing Body for resolving utility bills, three (3) copies of
which are on file in the office of the Municipal Clerk, are hereby incorporated by reference in addition
to any amendments thereto and are made a part of this section as though set out in full.
(5) This section shall not apply to any disconnections or interruptions of services made necessary
by the Municipality for reasons of repair or maintenance or to protect the health or safety of the domestic
subscriber or of the general public. (Ref 70-1602 et seq. RS Neb.) (Ord. No. 338, 11/12/79)(Amended
by Ord. Nos. 433, 9/11/84; 680, 7/8/97)
§ 3-1102 UTILITIES GENERALLY; METER TESTING.
Upon the deposit of twenty-five ($25.00) dollars by a utility customer who believes his or her meter
is functioning improperly, the City shall test said meter. If said meter after testing is found to be
functioning properly, the twenty-five ($25.00) dollar deposit shall not be refunded to the utility customer.
If said meter after testing is found to be functioning improperly, the meter shall be replaced, the deposit
shall be refunded and an adjustment made to the utility customer's current bill. Adjustment shall also
be made to previous utility billings, limited to a maximum of one (1) previous billing. A meter shall be
deemed functioning properly, if, upon testing, the meter is found to be accurate within five (5 % ) percent
of the test reading. Utility customers shall be defined as any person using electricity or water supplied
and billed by the City of Plainview. (Ord. No. 437, 10/9/84)
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§ 3-1103 UTILITIES GENERALLY; UTILITY DEPOSITS, COLLECTION,REFUND, OR
WAIVER PROCEDURE.
(1) Every applicant for City utility connection shall be subject to a deposit calculated as follows:
(a) With references and a credit history fully satisfactory to the City, no deposit shall be
required;
(b) With no references or references deemed insufficient by the City, the sum of two hundred
($200.00) dollars; and
(c) The applicant shall be entitled to a refund of the any deposit as set out below.
(2) An applicant's utility deposit shall be refunded when:
(a) All services are disconnected and all bills are paid; or
(b) The consumer has completed a twelve month period without a delinquent notice or
insufficient fund check on any City utility service.
(3) The utility deposit may be waived by the City Administrator (in the Administrator's discretion)
upon co-signature on the application by a consumer who has previously qualified for a refund. (Ord. No.
499, 2/14/89) (Amended by Ord. No. 735, 6/13/00)
§ 3-1104 UTILITIES GENERALLY; RENTAL UNITS.
(1) All owners of rental property shall be required to sign an agreement indicating whether they
want the utilities left on or disconnected when a tenant moves.
(2) If the utilities are to be left on, the agreement shall bind the owner for any utility charges
incurred after the tenants have notified the City for a read out.
(3) The making of an application on the part of any applicant or the use or consumption of utility
services by present consumers thereof and the furnishing of utility services to said consumer shall
constitute a contract between the consumer and the City, of which said contract and both parties are
bound.
(4) In the event that a building, premises or place is rental property, the City shall require the
owner of said property, either alone or as co-signer with the tenant, to sign any written application or
contract for utility services. In the event of failure to timely pay utility service bills by either the tenant
or the owner, either of them shall be fully responsible for said bills. Any duties or obligations created
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by the lease of the premises shall be relevant only between the owner and the tenant and shall not relieve
the duty to pay. However, in any case where the occupant of a property is not the owner, any deposit
shall be held by the City until service has been satisfactorily terminated. No early refund of deposit shall
apply. (Ord. No. 497, 2/14/89) (Amended by Ord. Nos. 910, 9/10/13; 917, 12/10/13)
§ 3-1105 UTILITIES GENERALLY; DIVERSION OF SERVICES, METER
TAMPERING, UNAUTHORIZED RECONNECTION, PROHIBITED; EVIDENCE.
(A) It is an offense for any person:
(1) To connect any instrument, device, or contrivance with any wire supplying or intended to
supply electricity or electric current or to connect any pipe or conduit supplying gas or water, without
the knowledge and consent of the Municipality, in such manner that any portion thereof may be supplied
to any instrument by or at which electricity, electric current, gas, or water may be consumed without
passing through the meter made or provided for measuring or registering the amount or quantity thereof
passing through it;
(2) To knowingly use or knowingly permit the use of electricity, electric current, gas, or water
obtained unlawfully pursuant to this section;
(3) To reconnect electrical, gas or water service without the knowledge and consent of the
municipality if the service has been disconnected pursuant to sections 70-1601to70-1615 RS Neb.; or
(4) To willfully injure, alter or by any instrument, device, or contrivance in any manner interfere
with or obstruct the action or operation of any meter made or provided for measuring or registering
the amount or quantity of electricity, electric current, gas, or water passing through it, without the
knowledge and consent of the Municipality.
(B) Proof of the existence of any wire, pipe, or conduit connection or reconnection or of any injury,
alteration, interference, or obstruction of a meter is prima facie evidence of the guilt of the person in
possession of the premises where such connection, reconnection, injury, alteration, interference, or
obstruction is proved to exist. (Ref 28-515.02 RS Neb) (Ord. No. 797, 4/8/03)
§ 3-1106 UTILITIES GENERALLY; DIVERSION OF SERVICES; CIVIL ACTION.
(A) For purposes of this section, the definitions found in section 25-21,275 RS Neb. shall apply.
(B) (1) The Municipality may bring a civil action for damages against any person who commits,
authorizes, solicits, aids, abets, or attempts:
(a) Bypassing,
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(b) Tampering, or
(c) Unauthorized metering when such act results in damages to a municipal utility.
The Municipality may bring a civil action for damages pursuant to this section against any person
receiving the benefit of utility service through means of bypassing, tampering or unauthorized
metering.
(2) In any civil action brought pursuant to this section, the Municipality shall be entitled, upon
proof of willful or intentional bypassing, tampering, or unauthorized metering to recover as damages:
(a) The amount of actual damage or loss if the amount of the damage or loss is susceptible
of reasonable calculation; or
(b) Liquidated damages of seven hundred fifty dollars ($750.00) if the amount of actual
damage or loss is not susceptible of reasonable calculation.
/---._,
(3) In addition to damage or loss under subdivision (2)(a) or (b), the Municipality may recover
all reasonable expenses and costs incurred on account of the bypassing, tampering, or unauthorized
metering including, but not limited to, disconnection, reconnection, service calls, equipment, costs of
the suit, and reasonable attorneys' fees in cases within the scope of section 25-1801 RS Neb. (Ref
25-21,276 RS Neb.)
(C) (1) There shall be a rebuttable presumption that a tenant or occupant at any premises where
bypassing, tampering or unauthorized metering is proven to exist caused or had knowledge of such
bypassing, tampering, or unauthorized metering if the tenant or occupant:
(a) Had access to the part of the utility supply system on the premises where the
bypassing, tampering, or unauthorized metering is proven to exist and
(b) Was responsible or partially responsible for payment, either directly or indirectly, to
the utility or to any other person for utility services to the premises.
(2) There shall be a rebuttable presumption that a customer at any premises where bypassing,
tampering, or unauthorized metering is proven to exist caused or had knowledge of such bypassing,
tampering, or unauthorized metering if the customer controlled access to the part of the utility supply
system on the premises where the bypassing, tampering, or unauthorized metering was proven to exist.
(Ref 25-21,277 RS Neb.)
(D) The remedies provided by this section shall be deemed to be supplemental and additional to
powers conferred by existing laws. The remedies provided in this section are in addition to and not in
limitation of any other civil or criminal statutory or common-law remedies. (Ref 25-21,278 RS Neb.)
(Ord. No. 786, 4/8/03)
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ARTICLE 12: PENAL PROVISION
§ 3-1201 VIOLATION; PENALTY.
(Repealed by Ord. No. 744, 7/11/00)
For penalty provisions, see section 12-101 of Chapter 12.
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CHAPTER 4: HEALTH AND SANITATION
Article
1.
GENERAL PROVISIONS
2.
GARBAGEDISPOSAL
3.
NUISANCES
4.
PENAL PROVISION
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ARTICLE 1: GENERAL PROVISIONS
§ 4-101 HEALTH; REGULATIONS.
For the purpose of promoting the health and safety of the residents of the Municipality, the Board
of Health shall, from time to time, adopt such rules and regulations relative thereto and shall make such
inspections, prescribe such penalties, and make such reports as may be necessary toward that purpose.
(Ref 17-121 RS Neb.)
§ 4-102 HEALTH; ENFORCEMENT OFFICIAL.
The Municipal Police Chief, as the Quarantine Officer, shall be the chief health officer of the
Municipality. It shall be his duty to notify the Governing Body and the Board of Health of health
nuisances within the Municipality and its zoning jurisdiction. (Ref 17-121 RS Neb.)
§ 4-103 HEALTH; STATE RULES.
The "Rules and Regulations Relating to Public Health," Department of Health of the State of
Nebraska are hereby incorporated by reference when the same are applicable to the Municipality, in their
present form and as they may hereafter be amended. Three (3) copies of each of the said pamphlets are
filed at the office of the Municipal Clerk and shall be available for public inspection at any reasonable
time. (Ref 18-132, 19-902 RS Neb.)
§ 4-104 HEALTH; COUNTY HEALTH BOARD.
It shall be the duty of the Board of Health to work closely with the County Health Board in
protecting the health and welfare of the residents of the Municipality.
§ 4-105 ADDITION OF FLUORIDE TO CITY'S WATER SYSTEM PROHIBITED.
Fluoride shall not be added to the water system of the city. (Ord. No. 873, 2/10/09)
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ARTICLE 1: GENERAL PROVISIONS
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ARTICLE 2: GARBAGE DISPOSAL
§ 4-201 WASTE AND REFUSE COLLECTION; DEFINITIONS.
"Commercial" shall mean a site primarily used for commercial or business purposes.
This
classification shall also apply to residential rental operations which: 1) Are not owner occupied; 2) Have
four or more rental units; 3) Collect all rental unit waste in a central location; 4) Consist of a single,
contiguous property; and 5) Are billable for waste disposal purposes in a single bill to the landlord.
"Curb Side Pickup" - shall mean normal pickup by Hauler of material in cans or bags not to exceed
35 gallon capacity, and/or 75 lb. in weight, per item, set by customer within two feet of the driving
surface of the street or alley, as specified by Hauler.
"Customer" shall mean an owner and any occupant of any site, within the City limits of Plainview
served by any utilities provided by the City of Plainview.
"Excessive Pickup" - shall mean above and beyond average service for the category, in the opinion
of the Hauler or the City. Certain items beyond the normal capability of hauler's equipment may be
refused regular pickup, and will require special arrangements by the owner.
"Residential" as used in this Article shall mean a site used only as a personal residence.
"Residential/Home Occupation Commercial" - a site used as a personal residence with a home
occupation.
"Transfer station material" shall mean all those items of waste and refuse which will be accepted at
the City's transfer station, including but not limited to all domestic waste, ashes (when bagged separately
in plastic bags), bottles, cans and newspapers, as specifically defined by resolution of the City Council.
"Waste" shall mean all other types and definitions· of waste shall apply as defined in the Nebraska
Integrated Solid Waste Management Act.
"White goods" shall mean appliances such a refrigerators, air conditioners, stoves and freezers.
(Amended by Ord. No. 566, 9/22/93)
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ARTICLE 2: GARBAGE DISPOSAL
§ 4-202 WASTE AND REFUSE COLLECTION; RESIDENTIAL AND COMMERCIAL
SERVICE, VIOLATIONS, LIENS.
( 1) The City has contracted for waste service for residential and commercial customers and hereby
levies a charge for the same on the customer receiving the service. All basic charges shall be for curb
side pickup, as defined in the Plainview Municipal Code.
(2) The charge for waste service shall be established and amended as necessary by resolution of the
City Council, and shall be due and payable on a monthly basis, first for the period from the 15th of
October, 1993 to the 15th of November, 1993, and monthly thereafter in combination with other utility
billings.
(3) Any residential or commercial site which is connected to utility service but is not occupied and
is not generating any waste will not be subject to a collection charge. Notice of commencement or
discontinuation of service due to new occupant or occupant departure must be received by City at least
30 days before service and responsibility for billing terminates.
(4) All waste shall be subject to inspection, at the customer's property or other site determined by
the Hauler, and any improperly disposed waste shall be returned to the customer and subject the
customer to penalties as provided herein.
(5) Accumulation of waste on residential or commercial property, shall constitute a public nuisance,
and subject the customer to prosecution for a nuisance as provided in the ordinances governing the same.
(6) Any amount that becomes delinquent in a customer's waste account shall become a lien on the
real estate for which the service was furnished, in the same manner as a lien for delinquent utilities.
(7) Refusal to pay waste service billings, disposal or attempted disposal of illegal or unauthorized
material in the transfer station, illegal dumping of waste or any other violations of waste disposal
ordinances, resolutions or regulations shall be punishable by the fines and other remedies provided by
the Nebraska Integrated Solid Waste Management Act; and IN ADDITION delinquency in payment of
pickup charges shall result in immediate disconnect of water, sewer, .and electrical service, in the same
manner as if a delinquency has occurred in each of those services. (Amended by Ord. No. 567, 9122193)
§ 4-203 SOLID WASTE; HAZARDOUS ITEMS AND ITEMS REQUIRING
SPECIAL HANDLING OR DISPOSAL.
(A) No person shall put out any of the items specified below to be collected by the municipal solid
waste collector for land disposal.
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(1) Yard waste from April 1 through November 30 of each year unless such yard waste has been
separated from its source and is put out for separate collection and delivery to the landfill for the purpose
of soil conditioning or composting under the conditions otherwise specified.
(2) Lead-acid batteries.
(3) Waste oil.
(4) Waste tires in any form except tires that are nonrecyclable. Tires are not considered disposed
if they meet the requirements of section 13-2039 RS Neb.
(5) Discarded household appliances.
(6) Unregulated hazardous wastes, except household hazardous wastes, which are exempt from
the regulations under the Environmental Protection Act.
(B) Any such items shall be disposed of only as permitted under the Nebraska Integrated Solid Waste
Management Act or any amendments thereof. (Ref 13-2039 RS Neb.)
(C) For purposes of this section:
( 1) Land disposal includes, but is not limited to, incineration at a landfill.
(2) Nonrecyclable tire means a press-on solid tire, a solid pneumatic shaped tire, or a foam
pneumatic tire. (Ref 13-2039 RS Neb.)
(3) Waste tire means a tire that is no longer suitable for its original intended purpose because
of wear, damage, or defect. (Ref 13-2013.02 RS Neb.).
(4) Yard waste means grass and leaves. (Ref 13-2016.01 RS Neb.) (Amended by Ord. No. 816,
3/9/04)
§ 4-204 GARBAGE; TRASH, AND WASTE.
It shall be unlawful for any person to keep in, on, or about any dwelling, building, or premise, or any
other place in the Municipality, decayed vegetable or animal substance, garbage, or refuse matter of any
kind that may be injurious to the public health or offensive to the residents of the Municipality unless
the same is kept in receptacles not exceeding a thirty (30) gallon capacity and as nearly air-tight as may
be practical. It shall be unlawful to throw or sweep into the streets, alleys, parks, or other public grounds
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any dirt, paper, nails, pieces of glass, refuse, waste, or rubbish of any kind. No person may permit
garbage, rubbish, waste, or refuse to collect and all persons shall remove the same from their property
within twenty-four (24) hours after being notified to do so by the Municipal Police Chief who shall
represent the Board of Health. Any person having garbage, rubbish, waste, or refuse that is subject to
decay or fermentation within a short period of time shall be required to place the same in a standard
garbage can with a tight cover, or a durable plastic container that is securely tied at its opening. All
persons shall have the contents of their garbage cans removed at least once a week. (Ref 19-2106 RS
Neb.)
§ 4-205 DEAD ANIMALS.
All dead animals shall be immediately removed and buried by the owner of such animals; and if the
owner of such animal cannot be found within two (2) hours after discovering the same, then such animal
shall be removed by and at the expense of the Municipality. Dead animals shall not be buried within the
corporate limits of the Municipality, nor within one (1) mile thereof, nor inor above the course of ground
water that is used for drinking purposes by the Municipality or its inhabitants. Such animals may,
however, be buried in the Municipal Dumping Ground. (Ref 17-114, 17-123, RS Neb.)
§ 4-206 GARBAGE AND REFUSE COLLECTION; AUTHORITY.
The governing body for the City may provide for the collection and removal of garbage or refuse
found upon any lot or land within its corporate roads, or alleys abutting such lot or land which constitutes
a public nuisance. The City may require the owner, duly authorized agent, or tenant of such lot or land
to remove the garbage or refuse from such lot or land and streets, roads, or alleys. (Ref 18-1303 RS Neb.)
(Ord. No. 492, 11/8/88)
§ 4-207 GARBAGE AND REFUSE COLLECTION; NOTICE.; REMOVAL.
Notice that removal of garbage or refuse is necessary shall be given to each owner or owner's duly
authorized agent and to the tenant if any. Such notice shall be provided by personal service or by certified
mail. After providing such notice, the City through its proper offices shall, in addition to other proper
remedies, remove the garbage or refuse, or cause it to be removed, from such lot or land and streets,
roads, or alleys. (Ref 18-1303 RS Neb.) (Ord. No. 492, 11/8/88)
§ 4-208 GARBAGE AND REFUSE COLLECTION; NUISANCE.
If the Mayor/City Manager declares that the accumulation of such garbage or refuse upon any lot
or land constitutes an immediate nuisance and hazard to public health and safety, the City shall remove
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the garbage or refuse, or cause it to be removed, from such lot or land within forty-eight hours after
notice by personal service or following receipt of a certified letter in accordance with section 4-207 if
such garbage or refuse has not been removed. (Ref 18-1303 RS Neb.) (Ord. No. 492, 11/8/88)
§ 4-209 GARBAGE AND REFUSE COLLECTION; LIEN.
Whenever a city removes any garbage or refuse, or causes it to be removed, from any lot or land
pursuant to this article, It shall, after a hearing conducted by the governing board, assess the cost of the
removal against such lot or land. (Ref 18-1303 R.S. Neb.) (Ord. No.492, 11/8/88)
§ 4-210 SOLID WASTE; LIABILITY FOR CHARGES; PROOFOF PROPERDISPOSAL.
(1) The Governing Body has separately established charges to be paid to it by each person whose
premises are served by the municipal solid waste collection system. For purposes of such charges, a
person's premises are deemed to be served by the municipal solid waste collection system and the owner
and occupant of the premises shall be deemed served and therefore liable for the charges unless the
owner or occupant proves to the Governing Body that:
(a) The premises are unoccupied; or
(b) The solid waste generated at the premises during the applicable billing period was lawfully
collected and hauled to a permitted facility or was otherwise disposed of in conformance with all
applicable laws, regulations, and ordinances.
(2) Proof of proper disposal during the applicable billing period may be provided by means of any
of the following:
(a) A billing receipt or other statement from a duly permitted solid waste hauling service for
collection of solid waste at the premises during the applicable billing period;
(b) A billing receipt or register tab from a duly permitted transfer station or disposal facility
or landfill for solid waste received during the applicable billing period; or
(c) Such other documentation of proper disposal as may be acceptable to the Governing Body.
(Ref 13-2020 RS Neb.) (Ord. No. 720, 418199)
§ 4-211 TRANSFER STATION SITE; RATES.
(A) All material not priced below "per item" must be weighed on certified scales and scale tickets
provided to the city.
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(B) The rates for the transfer station site shall be set as follows:
Transfer station site:
(1) Trash other than roofing.
(a) Fifty-one dollars per ton or $0.0255 per pound if below one ton;
(b) Five dollars minimum charge; and
(c) Option for material bagged and totally inside trash bags: $2 per bag and need not be
weighed.
(2) Roofing. Fifty-nine dollars per ton, or $0.0295 per pound if below one ton. (Ord. No. 876,
6/16/09)
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ARTICLE
§ 4-301 NUISANCES;
GENERALLY
3: NUISANCES
DEFINED.
A nuisance consists in doing any unlawful act, or omitting to perform a duty, or suffering or
permitting any condition or thing to be or exist, which act, omission, condition or thing either:
1.
Injures or endangers the comfort, repose, health, or safety of others,
2.
Offends decency,
3.
Is offensive to the senses,
4. Unlawfully interferes with, obstructs, tends to obstruct or renders dangerous for passage any
stream, public park, parkway, square, street, or highway in the Municipality.
5.
In any way renders other persons insecure in life or the use of property, or
6. Essentially interferes with the comfortable enjoyment oflife and property, or tends to depreciate
the value of the property of others.
(Ref 17-123, 17-123.01, 18-1720, RS Neb.)
§ 4-302 NUISANCES; SPECIFICALLY DEFINED.
The maintaining, using, placing, depositing, leaving, or permitting of any of the following specific
acts, omissions, places, conditions, and things are hereby declared to be nuisances:
1 . Any odorous, putrid, unsound or unwholesome grain, meat, hides, skins, feathers, vegetable
matter, or the whole or any part of any dead animal, fish, or fowl.
2. Privies, vaults, cesspools, dumps, pits or like places which are not securely protected from flies
or rats, or which are foul or malodorous.
3. Filthy, littered or trash-covered cellars, house yards, barnyards, stable-yards, factory-yards,
mill yards, vacant areas in rear of stores, granaries, vacant lots, houses, buildings, or premises.
4. Animal manure in any quantity which is not securely protected from flies and the elements, or
which is kept or handled in violation of any ordinance of the Municipality.
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5. Liquid household waste, human excreta. garbage, butcher's trimmings and offal, parts of fish
or any waste vegetable or animal matter in any quantity: Provided, nothing herein contained shall prevent
the temporary retention of waste in receptacles in a manner provided by the health officer of the
Municipality, nor the dumping of non-putrefying waste in a place and manner approved by the health
officer.
6. Tin cans, bottles, glass, cans, ashes, small pieces of scrap iron, wire metal articles, bric-a-brac,
broken stone or cement, broken crockery, broken glass, broken plaster, and all trash or abandoned
material, unless the same be kept in covered bins or galvanized iron receptacles.
7. Trash, litter, rags, accumulations of barrels, boxes, crates, packing crates, mattresses, bedding,'
excelsior, packing hay, straw or other packing material, lumber not neatly piled, scrap iron, tin or other
metal not neatly piled, old automobiles or parts thereof, or any other waste materials when any of said
articles or materials create a condition in which flies or rats may breed or multiply, or which may be a
fire danger or which are so unsightly as to depreciate property values in the vicinity, thereof.
8. Any unsightly building, billboard, or other structure, or any old, abandoned or partially
destroyed building or structure or any building or structure commenced and left unfinished, which said
buildings, billboards or other structures are either a fire hazard, a menace to the public health or safety,
or are so unsightly as to depreciate the value of property in the vicinity thereof.
9. All places used or maintained as junk yards, or dumping grounds, or for the wrecking and
dissembling of automobiles, trucks, tractors, or machinery of any kind, or for the storing or leaving of
worn-out, wrecked or abandoned automobiles, trucks, tractors, or machinery of any kind, or of any of
the parts thereof, or for the storing or leaving of any machinery or equipment used by contractors or
builders or by other persons, which said places are kept or maintained so as to essentially interfere with
the comfortable enjoyment of life or property by others, or which are so unsightly as to tend to
depreciate property values in the vicinity thereof.
10. Stagnant water permitted or maintained on any lot or piece of ground.
11. Stockyards, granaries, mills, pig pens, cattle pens, chicken pen.s or any other place, building
or enclosure, in which animals or fowls of any kind are confined or on which are stored tankage or any
other animal or vegetable matter, or on which any animal or vegetable matter including grain is being
processed, when said places in which said animals are confined, or said premises on which said vegetable
or animal matter is located, are maintained and kept in such a manner that foul and noxious odors are
permitted to emanate therefrom, to the annoyance of inhabitants of the Municipality, or are maintained
and kept in such a manner as to be injurious to the public health.
12. All other things specifically designated as nuisances elsewhere in this Code.
(Ref 17-123, 17-123.01, 18-1720 RS Neb.)
Nuisances
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§ 4-303 NUISANCES; ABATEMENT PROCEDURE.
It shall be the duty of every owner, occupant, lessee, or mortgagee of real estate in the Municipality
to keep such real estate free of public nuisances. Upon determination by the Board of Health that said
owner, occupant, lessee, or mortgagee has failed to keep such real estate free of public nuisances, the
Governing Body shall thereupon cause notice to be served upon the owner, occupant, lessee, mortgagee
or agent thereof, by publication and by certified mail. Such notice shall describe the condition as found
by the Board of Health and state that said condition has been declared a public nuisance, and that the
condition must be remedied at once. If the person receiving the notice has not complied therewith or
taken an appeal from the determination of the Board of Health within five (5) days after receipt of
certified mail or within five (5) days after date of publication whichever is later, the Board of Health
shall notify the Governing Body of such noncompliance and the Governing Body shall, upon receipt of
such notice, cause a hearing date to be fixed and notice thereof to be served upon the owner, occupant,
lessee, or mortgagee, or agent of the real estate. Such notice of hearing shall be by personal service or
certified mail and require such party or parties to appear before the Governing Body to show cause why
such condition should not be found to be a public nuisance and remedied. A return of service shall be
required by the Governing Body. Such notice shall be given not less than five (5) days prior to the time
of hearing, provided that whenever the owner, lessee, occupant, or mortgagee of such real estate is a
non-resident or cannot be found in the State, then the Municipal Clerk shall publish, in a newspaper of
general circulation in the Municipality, such notice of hearing for two (2) consecutive weeks, the last
publication to be at least one (1) week prior to the date set for the hearing. Upon the date fixed for the
hearing and pursuant to notice, the Governing Body shall hear all objections made by interested parties
and shall hear evidence submitted by the Board of Health. If after consideration of all of the evidence,
the Governing Body shall find that the said condition is a public nuisance, it shall, by resolution, order
and direct the owner, occupant, lessee, or mortgagee to remedy the said public nuisance at once;
Provided, the party or parties may appeal such decision to the appropriate court for adjudication, during
which proceedings the decision of the Governing Body shall be stayed. Should the owner or occupant
refuse or neglect to promptly comply with the order of the Governing Body, the Governing Body shall
proceed to cause the abatement of the described public nuisance. Upon completion of the work by the
Municipality, a statement of the cost of such work shall be transmitted to the Governing Body, which
is authorized to bill the property owner or occupant, or to levy the cost as a special assessment against
the land. Such special assessment shall be a lien on the real estate and shall be collected in the manner
provided for special assessments. (Ref 17-121, 17-123~ 17.. 123.01, 18-1720 RS Neb.)
§ 4-304 NUISANCES; JURISDICTION.
The Mayor and Chief of Police of the Municipality are directed to enforce this Municipal Code
against all nuisances. The jurisdiction of the Mayor, Chief of Police, and court shall extend to, and the
territorial application of this Chapter shall include, all territory adjacent to the limits of the Municipality
within one ( 1) mile thereof and all territory within the corporate limits. (Ref 18-1720 RS Neb.)
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§ 4-305 NUISANCES;
Plainview - Health and Sanitation
ADJOINING
LAND OWNERS; INTERVENTION
BEFORE TRIAL.
In cases of appeal from an action of the Governing Body condemning real property as a nuisance
or as dangerous under the police powers of the Municipality, the owners of the adjoining property may
intervene in the action at any time before trial. (Ref. 19-710 RS Neb) (Ord. No. 453, 10/8/85)
§4-306 NUISANCES; DEAD OR DISEASED TREES.
(1) It is hereby declared a nuisance for a property owner to permit, allow, or maintain any dead or
diseased trees within the right-of-way of streets within the corporate limits of the Municipality.
(2) It is hereby declared a nuisance for a property owner to permit, allow, or maintain any dead or
diseased trees on private property within the corporate limits of the Municipality. For the purpose of
carrying out the provisions of this section, the Municipal Police shall have the authority to enter upon
private property to inspect the trees thereon.
(3) Notice to abate and remove such nuisance and notice of the right to a hearing and the manner
in which it may be requested shall be given to each owner or owner's duly authorized agent and to the
occupant, if any, by personal service or certified mail. Within thirty (30) days after the receipt of such
notice, if the owner or occupant of the lot or piece of ground does not request a hearing or fails to
comply with the order to abate and remove the nuisance, the Municipality may have such work done and
may levy and assess all or any portion of the costs and expenses of the work upon the lot or piece of
ground so benefited in the same manner as other special taxes for improvements are levied or assessed.
(Ref. 17-555, 18-720, 28-1321 RS Neb.) (Amended by Ord. No. 610, 2/14/95)
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ARTICLE 4: PENAL PROVISION
§ 4-401 VIOLATION; PENALTY.
(Repealed by Ord. No. 744, 7/11/00)
For penalty provisions, see section 12-101 of Chapter 12.
§ 4-402 ABATEMENT OF NUISANCE.
(Repealed by Ord. No. 744, 7/11/00)
For penalty provisions, see section 12-101 of Chapter 12.
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2000 S-2
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CHAPTER 5: TRAFFIC REGULATIONS
Article
1.
DEFINITIONS
2.
MUNICIPAL TRAFFIC REGULATIONS
3.
PROHIBITIONS AND ENFORCEMENT
4.
BICYCLES
5.
MINIBIKES, SNOWMOBILES AND ALL-TERRAIN
VEHICLES
6.
PARKING
7.
SNOW EMERGENCY
8.
PENAL PROVISION
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2008 S-15
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Plainview - Traffic Regulations
ARTICLE
1: DEFINITIONS
§ 5-101 DEFINITIONS.
The words and phrases used in this Chapter, 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 hereafter amended. If not defined in the designated statutes, the word or phrase shall have
its common meaning. (Ref 60-606 through 60-676 RS Neb.) (Amended by Ord. No. 583, 7/12/94)
_,-......
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ARTICLE
2: MUNICIPAL
TRAFFIC
REGULATIONS
§ 5-201 TRUCK ROUTES.
The Governing Body may, by resolution, designate certain streets in the Municipality that trucks
shall travel upon, and it shall be unlawful for persons operating such trucks to travel on other streets than
those designated for trucks, unless to pick up or deliver goods, wares, or merchandise, and in that event,
the operator of such truck shall return to such truck routes as soon as possible in traveling through, or
about the Municipality. The Governing Body shall cause notices to be posted, or shall erect signs
indicating the streets so designated as truck routes. (Ref 60-681 RS Neb.)
§ 5-202 ONE-WAY TRAFFIC.
The Governing Body may, by resolution, provide for one-way travel in any street, or alley located
in the Municipality and shall provide for appropriate signs and markings when said streets have been so
designated by resolution. (Ref 60-680 RS Neb.)
§ 5-203 TRAFFIC LANE; DESIGNATION.
The Governing Body may, by resolution, mark lanes for traffic on street pavements at such places
as it may deem advisable. (Ref 60-680 RS Neb.)
§ 5-204 ARTERIAL STREETS; DESIGNATION.
The Governing Body may, by resolution, designate any street or portion thereof as an arterial street
and shall provide for appropriate signs or markings when. such street has been so designated. (Ref.
60-680 RS Neb.)
,
§ 5-205 TURNING; "U" TURNS.
No vehicle shall be turned so as to proceed in the opposite direction, except at a street intersection.
No vehicle shall be turned so as to proceed in the opposite direction at any intersection where an
automatic signal is in operation, or where a sign is posted indicating that U-turns are prohibited. (Ref
60-680 RS Neb.)
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§ 5-206 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 (2)
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. (Ref 60-6,159 RS Neb.)
§ 5-207 RIGHT-OF-WAY.
(1) When two (2) vehicles approach, or enter an intersection at approximately the same time, the
driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right when the paths of
such vehicles intersect and there is danger of a collision, unless otherwise directed by a Municipal
Policeman stationed at the intersection.
(2) The driver of a vehicle intending to turn to the left within an intersection, or into an alley,
private road, or driveway shall yield the right-of-way to any vehicle approaching from the opposite
direction which is within the intersection or so close thereto as to constitute an immediate hazard.
(3) The driver of a vehicle on any street shall yield the right-of-way to a pedestrian crossing such
street within any clearly marked crosswalk, or at any regular pedestrian crossing at the end of a block
where the movement of traffic is being regulated by traffic officers or traffic direction devices. Every
pedestrian crossing a street at any point other than a pedestrian crossing, crosswalk, or intersection shall
yield the right-of-way to vehicles upon the street.
(4) The driver of a vehicle emerging from or entering an alley, building, private road, or driveway
shall yield the right-of -way to any pedestrian approaching on any sidewalk.
(5) The driver of a vehicle entering a Municipal street from a private road or drive shall yield the
right-of-way to all vehicles approaching on such streets.
(6) The driver of a vehicle upon a street shall yield the right-of-way to authorized emergency
vehicles when the latter are operated upon official business and the drivers thereof make proper use of
visual or audible signals. (Ref 60-6,146 through 60-6,154 RS Neb.) (Amended by Ord. No. 584,
7/12/94)
§ 5-208 RIGHT-OF-WAY; EMERGENCY VEHICLES.
Upon the approach of any authorized emergency vehicle, every vehicle within one (1) block of the
route of such emergency vehicle shall immediately stop, except at the time they are on or crossing a
Municipal Traffic Regulations
7
street intersection, in which event, such vehicle shall drive clear of the street intersection and then stop.
Every vehicle along the route of such emergency vehicle shall immediately move to a position as near
the right hand curb as possible and remain there until such authorized emergency vehicle or vehicles have
passed; Provided, said vehicles are operated on official business and the drivers thereof make use of
proper visual or audible signals. (Ref. 39-640 RS Neb.)
§ 5-209 POSITION OF VEIDCLE ON IDGHWAY; GENERALLY.
Upon all highways of sufficient width, one-way streets excepted, the driver of a vehicle shall drive
the same on the right half of the roadway. In passing or meeting other vehicles, drivers shall give each
other at least one half ( 1/i) of the main traveled portion of the roadway. (Ref. 39-620 RS Neb.)
§ 5-210 CROSSWALKS.
The Governing Body may, by resolution, establish and maintain, by appropriate devices, markers,
or lines upon the street, crosswalks, at intersections where there is particular danger to pedestrians
crossing the street, and at such other places as they may deem necessary. (Ref. 39-697 RS Neb.)
§ 5-211 SIGNS, SIGNALS.
The Governing Body may, by resolution, provide for the placing of stop signs, or other signs,
signals, standards, or mechanical devices in any street or alley under the Municipality's jurisdiction for
the purpose of regulating, or prohibiting traffic thereon. Such resolution shall describe the portion of the
street or alley wherein traffic is to be regulated or prohibited; the regulation or prohibition; the location
where such sign, signal, standard or mechanical device shall be placed; and the hours when such
regulation or prohibition shall be effective. It shall be unlawful for any person to fail, neglect, or refuse
to comply with such regulation, or prohibition. (Ref 39-609 thru 39-611, 39-697 RS Neb.)
§ 5-212 STOP SIGNS.
Every person operating any vehicle shall, upon approaching any stop sign erected in accordance with
the resolution prescribed heretofore, cause such vehicle to come to a complete stop before entering or
crossing any street, highway, or railroad crossing. The vehicle operator shall stop at a marked stop line,
or, if there is no stop line, before entering the crosswalk; but if neither is indicated, then as near the
right-of-way line of the intersecting roadway as possible. (Ref. 39-609 thru 39-611, 39-697 RS Neb.)
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§ 5-213 SCHOOL CROSSING ZONES; DESIGNATION.
(1) Section 60-682.01 RS Neb. provides fines for operating a motor vehicle in violation of
authorized speed limits and states that the fines are doubled if the violation occurs within a school
crossing zone.
(2) Section 60-6, 134.01 RS Neb. makes it unlawful for a person operating a motor vehicle to
overtake and pass another vehicle in a school crossing zone in which the roadway has only one lane of
traffic in each direction and provides fines for violation of that prohibition.
(3) The Governing Body may, by resolution, designate to the public any area of a roadway, other
than a freeway, as a school crossing zone through the use of a sign or traffic control device as specified
by the Governing Body in conformity with the Manual on Uniform Traffic Control Devices. Any school
crossing zone so designated starts at the location of the first sign or traffic control device identifying the
school crossing zone and continues until a sign or traffic control device indicates that the school crossing
zone has ended. (Ref 60-658.01 RS Neb.) (Ord. No. 707, 8/11/98)
ARTICLE
3: PROHIBITIONS
AND ENFORCEMENT
§ 5-301 LITTERING.
It shall be unlawful for any person to drop, or cause to be left, upon any municipal highway, street,
or alley, except at places designated by the Governing Body, any rubbish, debris, or waste, and any
person so doing shall be guilty of littering. (Ref 39-311 RS Neb.)
§ 5-302 GLASS; POINTED OBJECTS.
No person shall throw, cast, lay, or place upon any street any thorns, nails, tacks, glass, bottles,
window glass, or other articles made of, or containing, glass, and in case of an accident causing the
breaking of any glass upon any street, the owner or person in charge of such glass, or the person
responsible for such breakage, shall at once remove, or cause the same to be removed, from the street.
(Ref 39-311 RS Neb.)
§ 5-303 SIGNS; DEF ACING OR INTERFERING WITH.
It shall be unlawful for any person to willfully deface, injure, remove, obstruct or interfere with any
official traffic sign or signal. (Ref 60-6,129 RS Neb.)
§ 5-304 SIGNS; UNAUTHORIZED DISPLAY.
It shall be unlawful for any person to maintain or display upon, or in view of any street, any
unofficial sign, signal, or device which purports to be, is an imitation of, or resembles an official traffic
sign or signal which attempts to direct the movement of traffic, or which hides from view, or interferes
with the effectiveness of any official sign or signal. Every suchprohibited sign, signal, or device is
hereby declared to be a public nuisance, and any police officer is hereby empowered to remove the same,
or cause it to be removed, without notice. (Ref 60-6,127 RS Neb.)
§ 5-305 SPEED LIMITS.
No person shall operate a motor vehicle on any street, alley, or other place at a rate of speed greater
than twenty-five (25) miles per hour within the residential district, and twenty (20) miles per hour within
the business district, unless a different rate of speed is specifically permitted by ordinance. In no
instance shall a person drive a vehicle on a highway at a speed greater than is reasonable and prudent
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10
under the conditions. Where a different maximum speed is set by ordinance, appropriate signs shall be
posted. (Ref 60-6,186, 60-6,190 RS Neb.)
§ 5-306 SPEED, NEAR SCHOOLS.
It shall be unlawful for the driver of any vehicle, when passing premises on which school buildings
are located, and which are used for school purposes, during school recess, or while children are going
to, or leaving school during the opening or closing hours to drive such vehicle at a rate of speed in
excess of fifteen (15) miles per hour past such premises, and such driver shall stop at all stop signs
located at, or near, such school premises, and it shall be unlawful for such driver to make a U-turn at
any intersection where such stop signs are located at, or near, such school premise. (Ref 60-6,190 RS
Neb.)
§ 5-307 DRUNKEN DRIVING.
(Repealed by Ord. No. 591, 7/12/94)
§ 5-308 RECKLESS DRIVING.
Any person who drives a motor vehicle in such a manner as to indicate an indifferent or wanton
disregard for the safety of persons or property shall be deemed to be guilty of reckless driving, and as
such shall be punished as provided by statute. (Ref 60-6,213, 60-6,215, 60-4,182 RS Neb.)
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§ 5-309 RECKLESS DRIVING; WILLFUL.
Any person who drives a motor vehicle in such a manner as to indicate a willful disregard for the
safety of persons, or property shall be deemed to be guilty of willful, reckless driving, and shall be
punished as provided by statute. (Ref 60-6,214 through 60-6,218 RS Neb.)
§ 5-310 CARELESS DRIVING.
Any person who drives any motor vehicle in this Municipality carelessly or without due caution so
as to endanger a person or property shall be guilty of careless driving. (Ref 60-6,212 RS Neb.)
(Amended by Ord. No. 337, 11/12/79)
§ 5-311 NEGLIGENT DRIVING.
Any person who operates a motor vehicle in such a manner as to indicate a want of ordinary care
and caution that a person of ordinary prudence would use under like circumstances shall be deemed
guilty of negligent driving. (Ref 60-4, 182 RS Neb.)
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11
§ 5-312 BACKING.
It shall be unlawful for any person to back a motor vehicle on the Municipal streets except to park
in or to remove the vehicle from a permitted parking position, to move the vehicle from a driveway, or
to back to the curb for unloading where such unloading is permitted; provided, a vehicle shall be backed
only when such movement can be made in safety and in no case shall the distance of the backing exceed
one and one-half (1112) lengths of the vehicle.
§ 5-313 UNNECESSARYSTOPPING.
It shall be unlawful for any person to stop any vehicle on any public street or alley, other than in
permitted parking areas, except when such a stop is necessary for emergency situations, to comply with
traffic control devices and regulations, or to yield the right-of-way to pedestrians or to their vehicles.
§ 5-314 DRIVING ABREAST.
Two (2) or more vehicles shall not be driven abreast except when passing, or when traversing a
multi-lane or one-way street; provided, motorcycles may be driven no more than two (2) abreast in a
single lane. (Ref 60-6,139, 60-6,308 RS Neb.)
§ 5-315 FOLLOWING; DISTANCE.
The operator of a vehicle shall not follow another vehicle more closely than is reasonable and
prudent having due regard for the speed of the vehicles, and the traffic and condition of the street. (Ref
60-6,140 RS Neb.)
§ 5-316 FOLLOWING; FIRE APPARATUS.
The driver of any vehicle shall not follow any fire apparatus. traveling in response to a fire alarm
closer than five hundred (500) feet, or drive into, or park such vehicle within the block where fire
apparatus has stopped in answer to a fire alarm. (Ref 60-6, 183 RS Neb.)
§ 5-317 CROWDING; FRONT SEAT.
_,--..,.
No person shall drive a motor vehicle when it is so loaded, or when there is in the front seat such
a number of persons, exceeding three (3), as to obstruct the view of the driver to the front or sides of
the vehicle or to interfere with the driver's control over the driving mechanism of such vehicle. (Ref.
60-6, 179 RS Neb.)
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Prohibitions and Enforcement
§ 5-318 DRIVING IN SIDEWALK SPACE.
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.·--
No motor vehicle or livestock shall be driven or ridden within any sidewalk space, except a
permanent or temporary driveway. (Ref 60-6,178 RS Neb.)
§ 5-319 UNNECESSARY TIRE NOISE.
Any person who drives, uses, operates, parks or stops any motor vehicle in such a manner as to
cause unnecessary tire noise shall be deemed guilty of causing unnecessary tire noise.
§ 5-320 VEHICLE; MUFFLER.
Every motor vehicle operated within this Municipality shall be provided with a muffler in good
working order to prevent excessive or unusual noise or smoke. No person shall modify or change the
exhaust muffler, intake muffler or any other noise abatement device of a motor vehicle in a manner such
that the noise emitted by the motor vehicle is increased above that emitted by the vehicle as originally
manufactured. It shall be unlawful to use a "muffler cut-out" on any motor vehicle upon any streets;
provided, the provisions of this section shall not apply to authorized emergency vehicles. (Ref 60-6, 286,
60-2209 RS Neb.)
~,
§ 5-321 MOTOR VEIDCLE; WRONGFUL TAKING.
Whoever wrongfully takes any automobile, or motorcycle from a garage, or any other place where
the same may have been lawfully placed, without the consent of the owner, or who shall use any motor
vehicle in bailment beyond that use which was originally intended or agreed upon, with intent to
wrongfully use the automobile or motorcycle so taken, shall be guilty of wrongful taking of a motor
vehicle and shall be punished as provided by law. (Ref 28-521 RS Neb.)
§ 5-322 EMERGENCY REGULATIONS.
The Chief of Police is hereby empowered to make and enforce temporary traffic regulations to cover
emergencies. (Ref. 81-2005 RS Neb.)
§ 5-323 POLICE; ENFORCEMENTS.
The Municipal Police are hereby authorized, empowered, and ordered to exercise all powers, and
duties, with relation to the management of street traffic and to direct, control, stop, restrict, regulate,
and, when necessary, temporarily divert, or exclude, in the interest of public safety, health, and
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Prohibitions and Enforcement
13
convenience the movement of pedestrian, animal, and vehicular traffic of every kind in streets, parks,
and on bridges. The driver of any vehicle shall stop upon the signal of any police officer. (Ref 60-683
RS Neb.)
§ 5-324 POLICE; REFUSAL TO OBEY.
It shall be unlawful for any person to refuse, or fail to comply with, any lawful order,· signal, or
direction of a police officer. (Ref 60-680 RS Neb.)
§ 5-325 POLICE; TRAFFIC OFFICERS.
The Governing Body or the Municipal Police may at any time detail officers, to be known as' 'traffic
officers,'' at street intersections. All traffic officers shall be vested with the authority to regulate and
control traffic at the intersections to which they are assigned. It shall be their duty to direct the
movement of traffic and prevent congestion and accidents. It shall be unlawful for any person to violate
any order, or signal, of any such traffic officer notwithstanding the directive of a stop sign, or signal
device, which may have been placed at any such intersection. (Ref 60-6,222, 60-680, 60-683 RS Neb.)
§ 5-326 VEHICLES; EQUIPMENT AND MAINTENANCE.
Every motor vehicle, while in use on the streets, alleys, or highways of the Municipality shall be
equipped with efficient brakes adequate to control the movement of, to stop, and to hold such vehicle,
including two (2) separate means of applying the brakes, and shall be further equipped with a good and
sufficient horn in good working order, or other efficient signal devices. From sunset to sunrise, and any
other time when there is not sufficient light to render clearly discernible persons or vehicles upon the
street, alley, or highway at a distance of five hundred feet (500'), every motor vehicle shall be equipped
with lighted headlights, and every motor vehicle and trailer shall be equipped with one or more taillights,
at the rear of the motor vehicle or trailer, exhibiting a red light visible from a distance of at least five
hundred feet (500') to the rear of such vehicle. No person shall operate any vehicle which is equipped
with an electric light or lights that confuse travelers or pedestrians on streets or .crosswalks within the
Municipality. Every motor vehicle having a width of eighty inches (80") or more shall display clearance
lights as required by State law. All vehicle brakes shall be maintained in good working order; provided,
motorcycles need only be equipped with one (1) brake. All horns on motor vehicles shall be capable of
emitting sound audible under normal conditions from a distance of not less than two hundred feet (200');
provided, no vehicle except as.herein provided, shall be equipped with, nor shall any person use upon
a vehicle, any siren, or horn otherwise than as reasonable warning; nor shall any person use any horn
or warning device upon a vehicle to make any unnecessary, loud, or harsh sound; and provided further
that, every Police and Fire Department vehicle, ambulance, or other authorized emergency vehicle used
for emergency calls shall be equipped with a bell, siren, or whistle of the type approved by the
Governing Body. (Ref 60-6,219, 60-6,220, 60-6,224, 60-6,235, 60-6,244, 60-6,285 RS Neb.) (Ord.
No. 643, 2/13/96)
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§ 5-327 SCHOOL CROSSING ZONES; OVERTAKING AND PASSING.
A person operating a motor vehicle may not overtake and pass another vehicle in any school crossing
zone designated by the Governing Body in which the roadway has only one lane of traffic in each
direction. (Ref 60-6,134.01 RS Neb.) (Ord. 708, 8/11/98)
§ 5-328 LOADS; SPILLING OR SHIFTING.
(A) No vehicle shall be driven or moved on any highway unless the vehicle is so constructed or
loaded as to prevent its contents from dropping, sifting, leaking, or otherwise escaping from the vehicle.
(B) No person shall transport any sand, gravel, rock less than two inches in diameter, or refuse in
any vehicle on any hard-surfaced highway if such material protrudes above the sides of that part of the
vehicle in which it is being transported unless such material is enclosed or completely covered with
canvas or similar covering.
(C) No person shall drive or move a motor vehicle, trailer, or semitrailer upon any highway unless
the cargo or contents carried by the motor vehicle, trailer, or semitrailer are properly distributed and
adequately secured to prevent the falling of cargo or contents from the vehicle. The tailgate, doors,
tarpaulins, and any other equipment used in the operation of the motor vehicle, trailer, or semitrailer or
in the distributing or securing of the cargo or contents carried by the motor vehicle, trailer, or semitrailer
shall be secured to prevent cargo or contents falling from the vehicle. The means of securement to the
motor vehicle, trailer, or semitrailer must be either tiedowns and tiedown assemblies of adequate strength
or sides, sideboards, or stakes and a rear endgate, endboard, or stakes strong enough and high enough
to assure that cargo or contents will not fall from the vehicle. (Ref 60-6, 304 RS Neb.) (Ord. No. 795,
4/8/03)
§ 5-329 ENGINE BRAKING.
It shall be unlawful for any person within the corporate limits of-the Municipality to make, or cause
to be made, loud or disturbing noises with any mechanical device used for the purposes of assisting
braking on any vehicle, also known as engine braking. The Governing Body shall cause notices to be
posted or erect signs indicating this prohibition. Any person who violates or refuses to comply with this
section shall be deemed guilty of an offense and upon conviction shall be fined not more than five
hundred dollars ($500.00) for each offense. A new violation shall be deemed to have been committed
for every twenty-four (24) hours of such failure to comply. (Ord. No. 842, 4/12/05)
2003 S-7A
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ARTICLE 4: BICYCLES
§ 5-401 BICYCLE; OPERATION.
No person shall ride or propel a bicycle on a street or other public highway of this Municipality with
another person on the handlebars or in any position in front of the operator.
No bicycle shall be ridden faster than is reasonable and proper, but every bicycle shall be operated
with reasonable regard to the safety of the operator and any other persons upon the streets and public
highways.
Persons riding bicycles shall observe all traffic signs and stop at all stop signs.
No bicycle shall be permitted on any street or other public highway from one-half (V2) hour after
sunset and one-half (1/2) hour before sunrise without a headlight, visible under normal atmospheric
conditions, from the front thereof for not less than five hundred feet (500') indicating the approach or
presence of the bicycle, firmly attached to such bicycle, and properly lighted, or without a yellow, or
red light reflector attached to, and visible five hundred feet (500') from the rear thereof. The said
headlight shall give a clear, white light.
No person shall ride or propel a bicycle upon any street or other public highway abreast of more
than one other person riding or propelling a bicycle.
Every person riding or propelling a bicycle upon any street or other public highway shall observe
all traffic rules and regulations applicable thereto, and shall turn only at intersections, signal for all turns,
ride at the right-hand side of the street or highway, pass to the left when passing overtaken vehicles and
individuals that are slower moving, and shall pass vehicles to the right when meeting. (Ref 60-6,315,
60-6,317, 60-6,318 RS Neb.)
§ 5-402 CLINGING TO MOTOR VEHICLES.
No person riding upon any bicycle, coaster, roller skates, sled, skis, or toy vehicle shall attach
himself or the bicycle, coaster, roller skates, sled, skis, or toy vehicle to any vehicle upon a roadway,
and it shall be unlawful for the driver of any vehicle to suffer or permit any person riding upon any
bicycle, coaster, roller skates, sled, skis, or toy vehicle to cling or attach himself or the bicycle to such
vehicle driven and operated by him. (Ref 60-6,316 RS Neb.) (Amended by Ord. No. 585, 7/12/94)
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ARTICLE 5: MINIBIKES, SNOWMOBILES AND ALL-TERRAIN VEHICLES
§ 5-501 MINIBIKES; UNLAWFUL OPERATION.
It shall be unlawful for any person to operate a minibike upon any street or highway within the
corporate limits of the Municipality. For purposes of this Article, "minibike" shall mean a two-wheel
motor vehicle which has a total wheel and tire diameter of less than fourteen (14) inches or an engine
rated capacity of less than forty-five (45) cubic centimeters displacement or any other two-wheel motor
vehicle primarily designed by the manufacturer for off-road use only. (Ref 60-21 OJ. OJ, 60-21 07 RS
Neb.) (Amended by Ord. No. 381, 12/8/81)
§ 5-502 MINIBIKES; EMERGENCIES AND PARADES ..
Minibikes shall be exempt from the provisions of this Article during any public emergency or while
being used in parades by regularly organized units of any recognized charitable, social, educational or
community service organization. (Ref 60-2102 RS Neb.)
§ 5-503 MINIBIKES; PUBLIC LANDS.
Minibikes shall be prohibited upon the public lands owned by the Municipality except where allowed
by resolution of the Governing Body. (Ref 60-2106 RS Neb.)
§ 5-504 SNOWMOBILES; EQUIPMENT.
Every snowmobile operated within the Municipality shall be registered with the State of Nebraska,
as required by law. No snowmobile shall be operated upon a. public street or highway unless it is
equipped with at least one head lamp, one tail lamp, reflector material of a minimum area of sixteen ( 16)
square inches mounted on each side forward of the handle bars, and with brakes as prescribed by the
Director of Motor Vehicles.
All laws applying to the operation of other motor vehicles shall apply to snowmobiles, except those
relating to required equipment and those which, by their nature, have no application. (Ref 60-2002,
60-20J 3 RS Neb.)
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§ 5-505 SNOWMOBILES; UNLAWFUL ACTS.
It shall be deemed a misdemeanor for any person to allow a snowmobile, either owned or operated
by him, to be operated:
1. Within the congested area of the Municipality unless weather conditions are such that it provides
the only practicable method of safe vehicular travel, or said snowmobile is engaged in responding to
an emergency.
2.
At a rate of speed greater than reasonable or proper under the surrounding circumstances.
3.
In a careless, reckless or negligent manner so as to endanger person or property.
4.
Without a lighted headlight and tail light when such would be required by conditions.
5.
In any tree nursery or planting in a manner which damages or destroys growing stock.
6. Upon any private lands without first having obtained permission of the owner, lessee or operator
of such lands.
(Ref 60-2013, 60-2015 RS Neb.)
§ 5-506 SNOWMOBILES; PUBLIC LANDS.
Snowmobiles shall be prohibited from operation on the public lands owned by the Municipality,
except where allowed by resolution of the Governing Body. (Ref 60-2016 RS Neb.)
§ 5-507 ALL-TERRAIN VEHICLES; OPERATION, RESTRICTIONS.
(1) For purposes of this section:
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(a) ALL-TERRAIN VEHICLE means any motorized off-highway vehicle which:
1.
Is fifty (50) inches or less in width;
2.
Has a dry weight of nine hundred (900) pounds or less;
3.
Travels on three (3) or more low-pressure tires;
4. Is designed for operator use only with no passengers or is specifically designed by the
original manufacturer for the operator and one ( 1) passenger;
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5.
Has a seat or saddle designed to be straddled by the operator; and
6.
Has handlebars or any other steering assembly for steering control.
18A
(b) STREET or HIGHWAY means the entire width between the boundary limits of any street,
road, avenue, boulevard, or way which is publicly maintained when any part thereof is open to the use
of the public for purposes of vehicular travel.
(2) An all-terrain vehicle may be operated on streets and highways within the corporate limits of
the City only if the operator and the vehicle comply with the provisions of this section.
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(3) An all-terrain vehicle may be operated only between the hours of sunrise and sunset and shall
not be operated at a speed in excess of thirty (30) miles per hour. When operating an all-terrain vehicle
as authorized in subsection (2) of this section, the headlight and taillight of the vehicle shall be on and
the vehicle shall be equipped with a bicycle safety flag, which extends not less than five (5) feet above
ground attached to the rear of such vehicle. The bicycle safety flag shall be triangular in shape with an
area of not less than thirty (30) square inches and shall be day-glow in color.
(4) Any person operating an all-terrain vehicle as authorized in subsection (2) of this section shall
have:
(a) A valid Class 0 operator's license; and
(b) Liability insurance coverage for the all-terrain vehicle while operating the all-terrain vehicle
on a street or highway. The person operating the all-terrain vehicle shall provide proof of such insurance
coverage to any peace officer requesting such proof within five (5) days of such a request.
(5) All-terrain vehicles may be operated without complying with subsections (3) and (4) of this
section on streets and highways in parades which have been authorized by the State of Nebraska or any
department, board, commission, or political subdivision of the state.
(6) An all-terrain vehicle shall not be operated on any .conjrolled-access highway with more than
two (2) marked traffic lanes, and the crossing of any controlled-access highway with more than two (2)
marked traffic lanes shall not be permitted. Subsections (2) through (4) and (7) of this section authorize
and apply to operation of an all-terrain vehicle only on a street or highway other than a controlled-access
highway with more than two (2) marked traffic lanes.
(7) Subject to subsection (6) of this section, the crossing of a street or highway shall be permitted
by an all-terrain vehicle without complying with subsections (3) and (4) of this section only if:
_,. ---.,,_
(a) The crossing is made at an angle of approximately ninety (90) degrees to the direction of
the street or highway and at a place where no obstruction prevents a quick and safe crossing;
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(b) The vehicle is brought to a complete stop before crossing the shoulder or roadway of the
street or highway;
(c) The operator yields the right-of-way to all oncoming traffic that constitutes an immediate
potential hazard;
(d) In crossing a divided highway, the crossing is made only at an intersection of such highway
with another highway; and
(e) Both the headlight and taillight of the vehicle are on when the crossing is made. (Ref
60-6,356 RS Neb.)
(8) Specific local requirements:
(a) Any operation of an all-terrain vehicle within the City limits shall, in addition to the
requirements above, obey all municipal traffic ordinances and regulations, including, but not limited to,
posted speed limits and stop signs; and
(b) Any operator of an age of twenty (20) years or younger shall wear a D. 0. T. certified
motorcycle helmet at all times.
(9) A person who violates this section shall be punished as provided generally in Chapter 12 of this
code. (Ord. No. 864, 7/15/08)
§ 5-508 UTILITY-TYPE VEHICLES (UTVS); OPERATION, RESTRICTIONS.
(1) For purposes of this section:
(a) UTILITY-TYPE VEHICLES means vehicles weighing between nine hundred (900) and
two thousand (2,000) pounds with:
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1.
Widths between forty-eight (48) and seventy-four (74) inches;
2.
Lengths no more than one hundred thirty-five (135) inches;
3.
Four (4) or more low-pressure tires;
4.
Steering wheels; and
5.
Bench or bucket-type seating for at least two people to sit side-by-side.
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This definition does not include golf carts or low speed vehicles as defined by Nebraska law.
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(b) STREET or HIGHWAY means the entire width between the boundary limits of any street, road,
avenue, boulevard, or way which is publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular travel.
(2) Utility-type vehicles may be operated on streets and highways within the corporate limits of the
City only if the operator and the vehicle comply with the provisions of this section.
(3) Utility-type vehicles must be titled under state law, may be operated only between the hours of
sunrise and sunset, and shall not be operated at a speed in excess of thirty (30) miles per hour. When
operating a utility-type vehicle as authorized in subsection (2) of this section, the headlight and taillight
of the vehicle shall be on and the vehicle shall be equipped with a bicycle safety flag, which extends not
less than five (5) feet above ground attached to the rear of such vehicle. The bicycle safety flag shall be
triangular in shape with an area of not less than thirty (30) square inches and shall be day-glow in color.
(4) Any person operating utility-type vehicles as authorized in subsection (2) of this section shall:
(a) Hold a valid Class 0 operator's license; and
(b) Have liability insurance coverage for the utility-type vehicles while operating the
utility-type vehicle on a street or highway. The person operating the utility-type vehicle shall provide
proof of such insurance coverage to any peace officer requesting such proof within five (5) days of such
a request.
(5) Utility-type vehicles may be operated without complying with subsections (3) and (4) of this
section on streets and highways in parades which have been authorized by the State of Nebraska or any
department, board, commission, or political subdivision of the State.
(6) Utility-type vehicles shall not be operated on any controlled-access highway with more than two
(2) marked traffic lanes, and the crossing of any controlled-access highway with more than two (2)
marked traffic lanes shall not be permitted. Subsections (2) through (4) and (7) of this section authorize
and apply to operation of utility-type vehicles only on a street or highway other than a controlled-access
highway with more than two (2) marked traffic lanes.
(7) Subject to subsection ( 6) of this section, the crossing of-a street or highway shall be permitted
by utility-type vehicles without complying with subsections (3) and (4) of this section only if:
(a) The crossing is made at an angle of approximately ninety (90) degree to the direction of the
street or highway and at a place where no obstruction prevents a quick and safe crossing;
(b) The vehicle is brought to a complete stop before crossing the shoulder or roadway of the
street or highway;
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(c) The operator yields the right-of-way to all oncoming traffic that constitutes an immediate
potential hazard;
(d) In crossing a divided highway, the crossing is made only at an intersection of such highway
with another highway; and
(e) Both the headlight and taillight of the utility-type vehicle are on when the crossing is made.
(Ref 60-6,356 RS Neb.)
(8) Additional requirements:
(a) Any operation of utility-type vehicles within the City limits shall, in addition to the
requirements above, obey all municipal traffic ordinances and regulations, including, but not limited to,
posted speed limits and stop signs; and
(b) Any owner of utility-type vehicles who knowingly allows an unlicensed or otherwise
unqualified rider to access or operate the owners utility-type vehicle may be cited for a violation
hereunder.
(9) A person who violates this section shall be punished as provided generally in Chapter 12 of the
municipal code. (Ord. No. 888, 12/14/10)
_,.,..---.....,,\.
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ARTICLE 6: PARKING
§ 5-601 VEIDCLES; UNATTENDED.
No person having control or charge of a motor vehicle shall allow such vehicle to stand unattended
without first effectively setting the brakes thereon and, when standing upon any grade, without turning
the front wheels of such vehicle to the curb or side of the street. The driver of a motor vehicle, when
traveling upon a down grade upon any street, shall not coast with the gears of the vehicle in neutral.
(Ref 39-674 RS Neb.)
§ 5-602 PARKING; GENERALLY.
No person shall park any vehicle, or approach the curb with a vehicle, except when headed in the
direction of the traffic. Vehicles, when parked, shall stand parallel with and adjacent to the curb or edge
of the roadway, in such manner as to have both right wheels within twelve (12 ") inches of the curb or
edge of the roadway, and so as to leave at least four (4') feet between the vehicle so parked and any other
parked vehicles, except where the Governing Body designates that vehicles shall be parked at an angle
so as to have the front right wheel at the curb or edge of the roadway. Where stalls are designated either
on the curb or pavement, vehicles shall be parked within such stalls. (Ref 39-673, 60-680 RS Neb.)
§ 5-603 PARKING; DESIGNATION.
The Governing Body may, by resolution, designate any street, or portion thereof, where vehicles
shall be parked parallel with and adjacent to the curb or at an angle so as to have the right front wheel
at the curb. (Ref 39-673, 60-680 RS Neb.)
§ 5-604 PARKING; AREAS.
The Governing Body may, by resolution, set aside any street, alley, public way, or portion thereof
where the parking of a particular kind or class of vehicle shall be prohibited, or where the parking of
any vehicle shall be prohibited. No vehicle prohibited from parking thereon shall stand or be parked
adjacent to the curb of said street, alley, public way, or portion thereof, longer than a period of time
necessary to load and unload freight or passengers. (Ref 60-680 RS Neb.)
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§ 5-605 PARKING; OBSTRUCTING ALLEY.
No vehicle, while parked shall have any portion thereof projecting into any alley entrance. (Ref.
60-680 RS Neb.)
§ 5-606 PARKING; ALLEYS.
No vehicle shall be parked in any alley, except for the purpose of loading or unloading during the
time necessary to load or unload, which shall not exceed the maximum limit of one half (112) hour.
Every vehicle while loading or unloading in any alley shall be parked in such manner as will cause the
least obstruction possible to traffic in such alley. (Ref. 60-680 RS Neb.)
§ 5-607 PARKING; FIRE HYDRANTS AND STATIONS.
No vehicle shall be parked within fifteen (15') feet in either direction of any fire hydrant nor within
twenty (20') feet of the driveway entrance to any fire station. The curb space within such area of fifteen
(15') feet in either direction of such fire hydrant shall be painted red to indicate such prohibition. (Ref.
39-672 RS Neb.)
§ 5-608 PARKING; STREET INTERSECTIONS.
Except in compliance with traffic control devices, no vehicle shall be parked or left standing for any
purpose, except momentarily to load or discharge passengers, within twenty-five (25') feet of the
intersection of curb lines, or if none, then within fifteen (15') feet of the intersection of property lines,
nor where said curb lines are painted red to indicate such prohibition. (Ref. 39-672 RS Neb.)
§ 5-609 PARKING; OBSTRUCTING TRAFFIC.
•.
No person shall, except in case of an accident or emergency, stop any vehicle in any location where
such stopping will obstruct any street, intersection, or entrance to an alley or public or private drive.
(Ref. 60-680 RS Neb.)
§ 5-610 PARKING; CURB.
No vehicle shall park on any street with its left side to the curb, unless said street has been
designated to be a "one-way" street by the Governing Body. Vehicles must not be parked at any curb
in such a position as to prevent another vehicle already parked at the curb from moving away. (Ref.
39-673 RS Neb.)
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§ 5-611 PARKING; CURBS, PAINTED.
It shall be the duty of the City Administrator to cause the curb space to be painted and keep the same
painted as provided in this Article. No person, firm, or corporation shall paint the curb of any street,
or in any manner set aside, or attempt to prevent the parking of vehicles in any street, or part thereof,
except at such places where the parking of vehicles is prohibited by the provisions of this Article. The
marking or designating of portions of streets or alleys where the parking of vehicles is prohibited or
limited shall be done only by the Municipality through its proper officers, at the direction of the
Governing Body. (Ref 60-680 RS Neb.)
§ 5-612 PARKING; TIME LIMIT.
The Governing Body may, by resolution, entirely prohibit, or fix a time limit for, the parking and
stopping of vehicles on any street, streets, or district designated by such resolution, and the parking, or
stopping, of any vehicle in any such street, streets, or district, for a period of time longer than fixed in
such resolution shall constitute a violation of this Article. (Ref 60-680 RS Neb.)
§ 5-613 PARKING; MAXIMUM TIME LIMIT.
The parking of a motor vehicle on a public street for over forty-eight (48) consecutive hours is
unlawful, except where a different maximum time limit is posted. (Ref 60-680 RS Neb.)
§ 5-614 PARKING; MAINTENANCE.
The Municipal Police may order any street or alley, or portion thereof, vacated for weather
emergencies or street maintenance. Notice shall be given by personally notifying the owner or operator
of a vehicle parked on such street or alley, or by posting appropriate signs along such streets or alleys.
Such signs shall be posted not less than four (4) hours prior to the time that the vacation order is to be
effective. Any person parking a vehicle in violation of this section shall be subject to the penalties
provided in this Chapter, and such vehicle may be removed and parked, under the supervision of the
Municipal Police, to a suitable nearby location without further notice to the owner or operator of such
vehicle. (Ref 17-557 RS Neb.)
§ 5-615 PARKING; PRIVATE LOTS.
,---..._
Any person parking a motor vehicle in a properly posted, restricted parking lot without the consent
of the owner or tenant authorized to give permission shall be guilty of an infraction and the vehicle shall
be subject to being towed away at the request of such lot owner or tenant. Any person found guilty under
this section shall be subject to the penalties provided for infractions. If the identity of the operator of a
motor vehicle in violation of this section cannot be determined, the owner or person in whose name such
vehicle is registered shall be held prima facie responsible for such infraction. When any law
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enforcement officer observes or is advised that a motor vehicle may be in violation of this section, he
or she shall make a determination as to whether a violation has in fact occurred and if so shall personally
serve or attach to such motor vehicle a citation directed to the owner or operator of such vehicle, which
shall set forth the nature of the violation. Any person who refuses to sign the citation or otherwise
comply with the command of the citation shall be punished as provided by section 29-426 RS Neb.
Signs designating a restricted parking lot shall be readily visible and shall state the purpose or
purposes for parking on the restricted parking lot, state the hours for restricted parking, and state who
to contact for information regarding a towed vehicle. (Ref 60-2401, 60-2402 RS Neb.) (Ord. No. 382,
12/8/81)
§ 5-616 PARKING; REMOVAL OF ILLEGALLY PARKED VEIDCLES.
Whenever any Police Officer shall find a vehicle standing upon a street or alley in violation of any
of the provisions of this Article, such individual may remove or have such vehicle removed, or require
the driver or other person in charge of the vehicle to move such vehicle, to a position off the roadway
of such street or alley or from such street or alley.
The owner or other person lawfully entitled to the possession of such vehicle may be charged with
the reasonable cost for such removal and storage, payable before such vehicle is released. Any such
towing or storage fee shall become a security interest in the vehicle prior to all other claims. This fee
shall be in addition to any other fees or penalties owed the Municipality for such vehicle. (Ref 39-671,
60-680 RS Neb.) (Ord. No. 434, 9/11/84)
§ 5-617 PARKING; BUREAU OF VIOLATIONS.
In the event that a traffic citation is issued for any parking violation, in lieu of the filing of charges
in the County Court, the City Police shall designate on the citation the fine and cutoff date for settlement,
and turn the citation over to the office of the City Clerk. If the fine is paid, according to the
requirements set out in the citation, no further action shall be taken. If the fine is not paid within the
time set out in the citation, then the citation shall be forwarded to ihe City Attorney for filing in the
Pierce County Court. For purposes of this section, the fines shall be as follows:
$8. 00 for the offense
For purposes of this section, the cutoff date for the payment of said
formal proceedings, shall be seven (7) days from the date the citation was
vehicle cannot be determined, the citation shall be issued to the registered
shall be held responsible for the parking violation. (Ref 18-1729 RS Neb.)
fine, and the avoidance of
issued. If the driver of the
owner of the vehicle, who
(Ord. No. 450, 10/8/85)
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§ 5-618 PARKING; HANDICAPPED OR DISABLED PERSONS; DESIGNATION OF
ONSTREET PARKING SPACES AND ACCESS AISLES; DISPLAY OF PERMITS.
(1) The Governing Body may designate parking spaces, including access aisles, for the exclusive
use of:
(a) Handicapped or disabled persons whose motor vehicles display the distinguishing license
plates issued to handicapped or disabled persons pursuant to section 60-3,113 RS Neb.,
(b) Handicapped or disabled persons whose motor vehicles display a distinguishing license plate
issued to a handicapped or disabled person by another state,
(c) Such other handicapped or disabled persons or temporarily handicapped or disabled
persons, as certified by the Municipality, whose motor vehicles display the permit specified in section
18-1739 RS Neb., and
(d) Such other motor vehicles, as certified by the Municipality, which display the permit
specified in section 18-1739 RS Neb. All such permits shall be displayed by hanging the permit from
the motor vehicle's rearview mirror so as to be clearly visible through the front windshield. The permit
shall be displayed on the dashboard only when there is no rearview mirror.
(2) If the Governing Body so designates a parking space or access aisle, it shall be indicated by
posting aboveground and immediately adjacent to and visible from each space or access aisle a sign as
described in section 18-1737 RS Neb. In addition to such sign, the space or access aisle may also be
indicated by blue paint on the curb or edge of the paved portion of the street adjacent to the space or
access aisle. (Ref. 18-1736 RS Neb.) (Ord. No. 515, 12/12/89)(Amended by Ord. Nos. 557, 2/9/93;
558, 2/9/93; 588, 7112194; 644, 2/13/96)
§ 5-619 PARKING; HANDICAPPED OR DISABLED PERSONS; HANDICAPPED PARKING
INFRACTION; DEFINED.
For purposes of sections 5-618 to 5-621, the following terms shall be defined to mean as follows:
(1) Access aisle means a space adjacent to a handicapped parking space or passenger loading zone
which is constructed and designed in compliance with the federal Americans with Disabilities Act of
1990 and the federal rules and regulations adopted and promulgated in response to the Act, as the Act
and rules and regulations existed on May 31, 2001.
(2) Handicapped or disabled person shall mean any individual with a severe visual or physical
impairment which limits personal mobility and results in an inability to travel unassisted more than two
,r
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hundred feet (200') without the use of a wheelchair, crutch, walker, or prosthetic, orthotic, or other
assistant device, any individual whose mobility is limited as a result of respiratory problems, any
individual who has a cardiac condition to the extent that his or her functional limitations are classified
in severity as being Class III or Class IV, according to standards set by the American Heart Association,
and any individual who has lost all or substantially all the use of one or more limbs;
(3) Temporarily handicapped or disabled person shall mean any handicapped or disabled person
whose personal mobility is expected to be limited in such a manner for no longer than one (1) year;_ and
(4) Handicapped parking infraction shall mean the violation of any section of this Article regulating
(a) the use of parking spaces designated for use by handicapped or disabled persons or (b) the obstruction
of any wheelchair ramps constructed or created in accordance and in conformity with the federal
Americans with Disabilities Act of 1990.
(Ref 18-1738, 18-1741.01 RS Neb.) (Ord. No. 557, 2/9/93) (Amended by Ord. No. 645, 2/13/96)
§ 5-620 PARKING; HANDICAPPED OR DISABLED PERSONS; PERMITISSUANCE.
(1) The Municipal Clerk may take an application from a handicapped or disabled person or
temporarily handicapped or disabled person or his or her parent, legal guardian, or foster parent for a
permit which will entitle the holder thereof or a person driving a motor vehicle for the purpose of
transporting such holder to park in those spaces or access aisles provided for by this Article when the
holder of the permit will enter or exit the motor vehicle while it is parked in such spaces or access aisles.
For purposes of this section, the handicapped or disabled person or temporarily handicapped or disabled
person shall be considered the holder of the permit.
(2) The Municipal Clerk shall not accept the application for a permit of any person making
application contrary to the provisions of section 18-1738.02 RS Neb.
(3) A person applying for a permit or for the renewal of a permit shall complete an application,
shall provide proof of identity, and shall submit a completed medical form containing the statutory
criteria for qualification and signed by a physician, physician assistant, or advanced practice registered
nurse practicing under and in accordance with his or her certification act, certifying that the person who
will be the holder meets the definition of handicapped or disabled person or temporarily handicapped or
disabled person. No person applicant shall be required to provide his or her social security number. In
the case of a temporarily handicapped or disabled person, the certifying physician, physician assistant,
or advanced practice registered nurse shall indicate the estimated date of recovery or that the temporary
handicap or disability will continue for a period of six (6) months, whichever is less.
(4) A person may hold only one permit under this section and may hold either a permit under this
section or a permit under section 5-620.01, but not both.
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(5) The Municipal Clerk shall submit to the Department of Motor Vehicles the name, address, and
license number of all persons applying for a permit pursuant to this section. (Ref 18-1738, 18-1738.02
RS Neb.) (Ord. No. 550, 2/9/93) (Amended by Ord. Nos. 589, 7/12//94; 646, 2/13/96; 682, 8/12/97)
§ 5-620.01 PARKING; HANDICAPPED OR DISABLED PERSONS; MOTOR VEHICLE
PERMIT ISSUANCE.
(1) The Municipal Clerk shall take an application from any person for a motor vehicle permit which
will entitle the holder thereof or a person driving the motor vehicle for the purpose of transporting
handicapped or disabled persons or temporarily handicapped or disabled persons to park in those spaces
provided for by this Article if the motor vehicle is used primarily for the transportation of handicapped
or disabled persons or temporarily handicapped or disabled persons. Such parking permit shall be used
only when the motor vehicle for which it was issued is being used for the transportation of a handicapped
or disabled person or temporarily handicapped or disabled person and such person will enter or exit the
motor vehicle while it is parked in such designated spaces.
(2) The Municipal Clerk shall not accept the application for a permit of any person making
application contrary to section 18-1738.02 RS Neb.
(3) A person applying for a permit or for the renewal of a permit pursuant to this section shall apply
for a permit for each motor vehicle used for the transportation of handicapped or disabled persons or
temporarily handicapped or disabled persons, shall complete such forms as are provided to the Municipal
Clerk by the Department of Motor Vehicles, and shall demonstrate to the Municipal Clerk that each such
motor vehicle is used primarily for the transportation of handicapped or disabled persons or temporarily
handicapped or disabled persons. A copy of the completed application form shall be given to each
applicant.
(4) No more than one such permit shall be issued for each motor vehicle. A person may hold either
a permit under this section or a permit under section 5-620, but not both.
(5) The Municipal Clerk shall submit to the Department of MotorVehicles the name, address, and
license number of all persons applying for a permit pursuant to this section. (Ref 18-1738.01,
18-1738.02 RS Neb.) (Ord. No. 647, 2/13/96) (Amended by Ord. No. 683, 8/12/97)
§ 5-620.02 PARKING; HANDICAPPED OR DISABLED PERSONS; PERMIT CONTENTS;
PROHIBITED ISSUANCE; DUPLICATE PERMITS.
(1) The permit issued for handicapped or disabled parking shall be constructed of a durable plastic
designed to resist normal wear or fading for the term of the permit's issuance and printed so as to
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minimize the possibility of alteration following issuance. The permit shall be of a design, size,
configuration, color, and construction and contain such information as specified in the rules and
regulations adopted and promulgated by the United States Department of Transportation in the Uniform
System for Handicapped Parking, 23 C.F.R. part 1235.
(2) In addition to the requirements of subsection (1) of this section, the permit shall show such
identifying information with regard to the handicapped or disabled person or temporarily handicapped
or disabled person to whom it is issued as is necessary to the enforcement of this Article.
(3) No permit shall be issued to any person or for any motor vehicle if any parking permit has been
issued to such person or for such motor vehicle and such permit has been suspended pursuant to section
5-620.04. At the expiration of such suspension, a permit may be renewed upon the payment of the
permit fee.
(4) A duplicate permit may be provided without cost if the original permit is destroyed, lost, or
stolen. Such duplicate permit shall be issued in the same manner as the original permit, except that a
newly completed medical form need not be provided if a completed medical form submitted at the time
of the most recent application for a permit or its renewal is on file with the Municipal Clerk. A duplicate
permit shall be valid for the remainder of the period for which the original permit was issued. (Ref
18-1739 RS Neb.) (Ord. No. 648, 2/13/96) (Amended by Ord. No. 684, 8/12/97)
§ 5-620.03 PARKING; HANDICAPPED OR DISABLED PERSONS; PERMITS; PERIOD
VALID; RENEWAL.
( 1) Permanently issued permits for handicapped or disabled parking authorized by this Article
issued prior to August 1, 2005, shall be valid for a period ending on September 30 of the third year after
the date of issuance and shall expire on that date. Permanently issued permits issued on or after August
1, 2005, shall be valid for a period ending on the last day of the month of the applicant's birthday in the
third year after issuance and shall expire on that day.
(2) All permits authorized under this Article for temporarily-handicapped or disabled parking shall
be issued for a period ending not more than six (6) months after the date of issuance but may be renewed
one time for a period not to exceed six (6) months. For the renewal period, there shall be submitted an
additional application with proof of a handicap or disability. (Ref 18-1740 RS Neb.) (Ord. No. 649,
2/13/96) (Amended by Ord. No. 685, 8/12/97)
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§ 5-620.04 PARKING; HANDICAPPED OR DISABLED PERSONS; PERMITS
NONTRANSFERABLE; VIOLATION; SUSPENSION.
Permits issued under this Article shall not be transferable, and shall be used only by the party to
whom issued or for the motor vehicle for which issued and only for the purposes for which it is issued.
No person shall alter or re- produce in any manner a permit issued pursuant to this Article. Any
violation of this section shall be cause for suspension of such permit for a period of six (6) months. At
the expiration of such period, a suspended permit may be renewed upon payment of the permit fee. (Ref
18-1741 RS Neb.) (Ord. No. 650, 2/13/96)
§ 5-621 PARKING; HANDICAPPED OR DISABLED PERSONS; REMOVAL OF
UNAUTHORIZED VEHICLE; PENALTY.
(1) The owner or person in lawful possession of an offstreet parking facility, after notifying the
Police or Sheriff's Department, and the Municipality providing onstreet parking or owning, operating,
or providing an offstreet parking facility, may cause the removal, from a stall or space, including access
aisles, designated exclusively for handicapped or disabled persons or temporarily handicapped or
disabled persons, of any vehicle not displaying the proper permit or the distinguishing license plates
specified in this Article if there is posted aboveground and immediately adjacent to and visible from such
stall or space, including access aisles, a sign which clearly and conspicuously states the area so
designated as a tow-in zone.
(2) A person who parks in any onstreet parking space or access aisle which has been designated
exclusively for handicapped or disabled persons or temporarily handicapped or disabled persons or motor
vehicles for the transportation of such persons, or in any so exclusively designated parking space or
access aisles in any offstreet parking facility, without properly displaying the proper permit or when the
handicapped or disabled person to whom or for whom the license plate or permit is issued will not enter
or exit the vehicle while it is parked in the designated space shall be guilty of a handicapped parking
infraction as defined in section 5-619, and shall be subject to the procedures as set forth in section 5-621
and the penalty provided for in this Chapter. The display on a motor vehicle of a distinguishing license
plate or permit issued to a handicapped or disabled person by and -under the duly constituted authority
of another state shall constitute a full and complete defense in any action for a handicapped parking
infraction. If the identity of the person who parked the vehicle in violation of this section cannot be
readily determined, the owner or person in whose name the vehicle is registered shall be held prima facie
responsible for such violation and shall be guilty and subject to the penalty provided for in this Chapter.
(3) In the case of a privately owned offstreet parking facility, the owner or person in lawful
possession of such facility shall not be required to inform the Municipality of a violation of this section
prior to the Municipality issuing the violator a handicapped parking infraction citation. (Ref 18-1737
RS Neb.)
(Ord. No. 590, 7/12/94) (Amended by Ord. No. 651, 2/13/96)
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§ 5-622 REGISTRATION; TRAILERS.
No trailer, semi-trailer, or cabin trailer shall be operated or parked on any street, alley, or public
highway within the Municipality without having first registered the same in accordance with Chapter 60,
Article 3, RS Neb., and section 60-321 RS Neb., except as provided in this section. A person may pull
such trailer, semitrailer, or cabin trailer without registration for a period not to exceed thirty (30) days
from the date of purchase. Upon registration, such trailer, semitrailer, or cabin trailer shall have the
required number plate displayed upon said trailer as provided for by section 60-311 RS Neb. If a citation
is issued to an owner or operator of a vehicle for a violation of this section and the owner properly
registers and licenses the vehicle not in compliance and pays all taxes and fees due and the owner or
operator provides proof of such registration to the prosecuting attorney within ten (10) days after the
issuance of the citation, no prosecution for the offense cited shall occur. (Ref 60-302, 60-320, 60-321
RS Neb.) (Ord. No. 587, 7/12/94) (Amended by Ord. No. 642, 2/13/96)
§ 5-623 REGISTRATION; OPERATOR AND VEHICLE LICENSE.
(1) No person shall operate or park a motor vehicle upon any street, alley, or public highway within
the Municipality without having first registered the same in accordance with Chapter 60, Article 3, RS
Neb., and section 60-321 RS Neb., except as provided in this subsection. A person may operate a motor
vehicle without registration for a period not to exceed thirty (30) days from the date of purchase. Upon
registration, such vehicle shall have the required number plates displayed upon said vehicle in the
manner and places provided for by section 60-323 RS Neb. If a citation is issued to an owner or
operator of a vehicle for a violation of this subsection and the owner properly registers and licenses the
vehicle not in compliance and pays all taxes and fees due and the owner or operator provides proof of
such registration to the prosecuting attorney within ten (10) days after the issuance of the citation, no
prosecution for the offense cited shall occur.
(2) No person shall operate a motor vehicle upon any street, alley, or public highway without
having obtained a motor vehicle operator's license in accordance with Chapter 60, Article 4, RS Neb.
It shall be unlawful for any person to operate a motor vehicle upon any street, alley, or public highway
during the period that his or her operator's license has been revoked or canceled. (Ref 60-302, 60-320,
60-320.01, 60-321, 60-323, 60-4,186 RS Neb.) (Ord. ·No.'586, 7/12/94) (Amended by Ord. No. 641,
2/13/96)
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ARTICLE
§ 5-701 SNOW EMERGENCY;
7: SNOW EMERGENCY
DEFINITIONS.
The following definitions shall apply in the interpretation and enforcement of this Article.
ROADWAY means that portion of a street or highway improved, designed, or ordinarily used for
vehicular travel, exclusive of the berm or shoulder.
SECONDARY
STREETS are any streets which are not marked "Snow Emergency
Routes."
SNOW EMERGENCY ROUTES are those streets marked as such in accordance with the provisions
ofthis Article.
STREET OR HIGHWAY means the entire width between the boundary lines of every way publicly
maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
(Ord. No. 344, 12/12/79)
§ 5-702 SNOW EMERGENCY; PARKING.
A parking prohibition shall automatically go into effect when declared by the Mayor, or City
Administrator, or Police Chief on any part of any Snow Emergency Route on which there has been an
accumulation of two (2) inches or more of snow or freezing rain or ice conditions that cause a hazard
to traffic. This prohibition shall continue on a street until said street is cleared of snow, or the hazardous
conditions have been remedied.
While the emergency route prohibition is in effect, no person shall park or allow to remain parked,
any vehicle on any snow emergency route. Parking shall be limited on secondary streets, as noted
below:
1. Vehicles may be parked on the North and East side of the street on days with even
numbers.
2. Vehicles may be parked on the South and West side of the street on days with odd
numbers.
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However, nothing in this section shall be construed to permit parking at any time or place where it
is forbidden by any other provision of law. (Ord. No. 344, 12/12/79) (Amended by Ord. No. 810,
2/10/04)
§ 5-703 SNOW EMERGENCY; PROVISIONS TEMPORARILY EFFECTIVE TO TAKE
PRECEDENCE.
Any provision of this Article which becomes effective by the occurrence of certain weather
conditions shall, while temporarily in effect, take precedence over other conflicting provisions of law
normally in effect, except that it shall not take precedence over provisions of law relating to traffic
accidents, emergency travel or authorized emergency vehicles, or emergency traffic directions by a
Police Officer. (Ord. No. 344, 12/12/79)
§ 5-704 SNOW EMERGENCY; SIGNS.
On each street designated by this Article as a Snow Emergency Route, the City shall post special
signs at intervals not exceeding one (1) sign per block with the wording: "Snow Emergency Route. No
Parking During Emergency. Tow Away Zone." These signs shall be distinctive and uniform in
appearance and shall be plainly readable to persons traveling on the street or highway. (Ord. No. 344,
12/12/79)
§ 5-705 SNOW EMERGENCY; REMOVAL, IMPOUNDING, AND RETURN OF VEHICLES.
Members of the Police Department are hereby authorized to remove or have removed a vehicle from
a street to the nearest garage or other place of safety (including another place on the street), or to a garage
designated or maintained by the Police Department, or otherwise maintained by this City, when:
1. The vehicle is parked on a part of a Snow Emergency Route on which a parking prohibition
is in effect.
2. The vehicle is stalled on a part of a Snow Emergency Route on which there is a covering of
snow, sleet, or ice or on which there is a park in prohibition in effect and the person who was operating
such vehicle does not appear to be removing it in accordance with the provisions of this Article.
3. The vehicle is parked in violation of any parking ordinance or provision oflaw and is interfering
or about to interfere with snow removal operations.
Whenever an Officer removes or has removed a vehicle from a street as authorized in this section
and the Officer knows or is able to ascertain from the registration records in the vehicle the name and
address of the owner thereof, such officer shall immediately give or cause to be given notice in writing
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to such owner of the fact of such removal and the reasons therefor and of the place to which such vehicle
has been removed. Inthe event any such vehicle is stored in a public garage, a copy of such notice shall
be given to the proprietor of such garage.
Whenever an Officer removed or has removed a vehicle from a street under this section and does
not know and is not able to ascertain the name of the owner, or for any other reason is unable to give the
notice to the owner as hereinbefore provided, and in the event the vehicle is not returned to the owner
within a period of three (3) days, then and in that event the Officer shall immediately send or cause to
be sent a written report of such removal by mail to the State Department whose duty it is to register
motor vehicles, and shall file a copy of such notice with the proprietor of any public garage in which the
vehicle may be stored. Such notice shall include a complete description of the vehicle, the date, time and
place from which removed, the reasons for such removal, and the name of the garage or place where the
vehicle is stored.
No person shall recover any vehicle removed in accordance with this section except as provided
herein. Before the owner or person in charge of such vehicle shall be allowed to recover it from the
place where it has been placed or impounded, he shall present to a member of the Police Department
evidence of his identity and right to possession of the vehicle, shall sign a receipt for its return, shall pay
the cost of removal, and shall pay any cost of storage accrued, not to exceed twenty-five ($25 .00) dollars
for the first (1st) day or portion thereof, and five ($5.00) dollars for each additional day or portion
thereof, and thereafter. Until paid, these charges constitute a lien on the vehicle which may be enforced
in the same manner as a garage keeper's lien.
It shall be the duty of the Police Department to keep a record of each vehicle removed in accordance
with this section. The record shall include a description of the vehicle, its license number, the date and
time of its removal, where it was removed from, its location, the name and address of its owner and last
operator, if know, its final disposition, and the parking violation involved.
This section shall be supplemental to any other provisions of law granting members of the Police
Department authority to remove vehicles. (Ord. No. 344, 12/12/79)
§ 5-706 SNOW EMERGENCY; CITATION.
Whenever any motor vehicle without a driver is found parked or left in violation of any provision
of this Article, and IS NOT REMOVED and impounded as provided for in this Article, the Officer
finding such vehicle shall take its registration number or any other information displayed on the vehicle
which may identify its user, and shall conspicuously affix to such vehicle a traffic citation. (Ord. No. 344,
12/12/79)
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§ 5-707 SNOW EMERGENCY; EVIDENCE.
In any prosecution with regard to a vehicle parked or left in a place or in a condition in violation of
any provision of this Article, proof that the particular vehicle described in the complaint was parked or
left in violation of a provision of this Article, together with proof that the defendant named in the
complaint was at the time the registered owner of such vehicle, shall constitute prima facie evidence that
the defendant was the person who parked or left the vehicle in violation of this Article. (Ord. No. 344,
12/12/79)
§ 5-708 SNOW EMERGENCY; ROUTES DESIGNATED.
The following streets or portions of streets within the City are hereby designated as Snow
Emergency Routes:
ROUTES SHALL BE DESIGNATED FROM TIME TO TIME BY RESOLUTION OF THE
COUNCIL, AND SHALL BE ENFORCED AS SUCH IMMEDIATELY UPON THE POSTING OF
SIGNS.
(Ord. No. 344, 12/12/79)
§ 5-709 SNOW EMERGENCY; SEPARABILITY.
If any section, subsection, sentence, clause, phrase, or portion of this Article is for any reason held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portions hereof. (Ord. No. 344, 12/12/79)
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ARTICLE 8: PENAL PROVISION
§ 5-801 VIOLATION; PENALTY.
(Repealed by Ord. No. 744, 7/11/00)
For penalty provisions, see section 12-101 of Chapter 12.
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,-.
CHAPTER 6: POLICE REGULATIONS
Article
1.
DOGS
2.
ANIMALS GENERALLY
3.
MISCELLANEOUS MISDEMEANORS
4.
PENAL PROVISIONS
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§ 6-101 DOGS; LICENSE.
Any person who shall own, keep, or harbor a dog over the age of six (6) months within the
Municipality shall within thirty (30) days after acquisition of the dog acquire a license for each such dog
annually by or before the first (1st) day of January of each year. The said tax shall be delinquent from
and after January thirty-first (31st); provided, the possessor of any dog brought into or harbored within
the corporate limits subsequent to January first (1st) of any year, shall be liable for the payment of the
dog tax levied herein and such tax shall be delinquent if not paid within thirty (30) days thereafter.
Licenses shall be issued by the Municipal Clerk or Municipal Pound Authorities upon the payment of
a license fee set by resolution for each male dog and spayed female dog and set by resolution for each
unspayed female dog. In addition, the Clerk shall collect the one dollar ($1. 00) per license fee required
by the State of Nebraska to be remitted to the Commercial Dog and Cat Operator Inspection Fund. The
license shall not be transferable and no refund will be allowed in case of death, sale, or other disposition
of the licensed dog. The owner shall state at the time the application is made and upon printed forms
provided for such purpose, his name and address and the name, breed, color, and sex of each dog owned
and kept by him. A certificate that the dog has had a rabies shot, effective for the ensuing year of the
license, shall be presented when the license is applied for and no license or tag shall be issued until the
certificate is shown. (Ref 54-603, 71-4412 RS Neb.) (Am. Ord. Nos. 871, 11/13/09; 887, 11/12/10)
§ 6-102 DOGS; LICENSE TAGS.
Upon the payment of the license fee, the Municipal Clerk or Municipal Pound Authorities shall issue
to the owner of a dog a license certificate and a metallic tag for each dog so licensed. The metallic tags
shall be properly attached to the collar or harness of all dogs so licensed and shall entitle the owner to
keep or harbor the said dog until the thirty-first (31st) day of December following such licensing. In the
event that a license tag is lost and upon satisfactory evidence that the. original plate or tag was issued in
accordance with the provisions herein, the Municipal-Clerk shall issue a duplicate or new tag for the
balance of the year for which the license tax has been paid and· shall charge and collect a fee set by
resolution of the Governing Body for each duplicate or new tag so issued. All license fees and collections
shall be immediately credited to the General Fund. It shall be the duty of the Municipal Clerk or
Municipal Pound Authorities to issue tags of a suitable design that are different in appearance each year.
(Ref 17-526, 54-603 RS Neb.) (Am. Ord. No. 872, 11/13/09)
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§ 6-103 DOGS; WRONGFUL LICENSING.
(1) It shall be unlawful for the owner, keeper, or harborer of any dog to permit or allow such dog
to wear any license, metallic tag or other Municipal identification than that issued by the Municipal Clerk
or Municipal Pound Authorities for dogs, nor shall the owner, keeper, or harborer wrongfully and
knowingly license an unspayed female dog with a license prescribed for a male or spayed female dog.
(Ref 17-526, 54-603 RS Neb.)
(2) In the event that a citation is issued under this section, in lieu of filing charges in the County
Court, the City Police shall designate on the citation the fine and cutoff date for settlement, and turn the
citation over to the office of the City Clerk. If the citation is the individuals only offense under this
section in the last six (6) months (counted calendar months back from the date of offense indicated on
the citation) and if the fine is paid within five (5) days of the citation date and according to the
requirements set out in the citation, no further action shall be taken on that citation. If the fine is not
paid within five (5) days, then the citation shall be forwarded to the City Attorney for filing in the Pierce
County Court. For purposes of this section, the fine shall be as follows: Twenty dollars ($20.00) for
the offense. (Ord. No. 756, 6/12/01)
§ 6-104 DOGS; OWNER DEFINED.
Any person who shall harbor or permit any dog to be for ten (10) days or more in or about his or
her house, store, or enclosure, or to remain to be fed, shall be deemed the owner and possessor of such
dog and shall be deemed to be liable for all penalties herein prescribed.
(Ref 54-606, 71-4401 RS Neb.)
§ 6-105 DOGS; PROCLAMATION.
It shall be the duty of the Governing Body whenever in its opinion the danger to the public safety
from rabid dogs is great or imminent, to issue a proclamation ordering allpersons owning, keeping, or
harboring any dog to muzzle the same, or to confine it for a period of not less than thirty (30) days or
more than ninety (90) days from the date of such proclamation, or untilsuch danger is passed. The dogs
may be harbored by any good and sufficient means in a house, garage, or yard on the premise wherein
the said owner may reside. Upon issuing the proclamation it shall be the duty of all persons owning,
keeping, or harboring any dog to confine the same as herein provided. (Ref 17-526 RS Neb.)
§ 6-106 DOGS; CAPTURE IMPOSSIBLE.
The Municipal Police shall have the authority to kiil any animals showing vicious tendencies, or
characteristics of rabies which make capture impossible because of the danger involved. (Ref 54-605
RS Neb.)
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§ 6-107 DOGS; VICIOUS.
It shall be unlawful for any person to own, keep, or harbor any dog of a dangerous or ferocious
disposition that habitually snaps or manifests a disposition to bite, without the said dog being securely
held by a chain not over six (6) feet long. If any vicious or dangerous dog is otherwise held, confined,
or allowed to run at large, the Municipal Police shall have the authority to put the dog to death. (Ref
17-526 RS Neb.)
§ 6-108 DOGS; INTERFERENCE WITH POLICE.
It shall be unlawful for any person to hinder, delay, or interfere with any Municipal Policeman who
is performing any duty enjoined upon him by the provisions of this Article. (Ref 28-906 RS Neb.)
§ 6-109 DOGS; KILLING AND POISONING.
It shall be unlawful to kill, or to administer, or cause to be administered, poison of any sort to a dog,
or in any manner to injure, maim, or destroy, or in any manner attempt to injure, maim, or destroy any
dog that is the property of another person, or to place any poison, or poisoned food where the same is
accessible to a dog; provided, that this section shall not apply to Municipal Policemen acting within their
power and duty. (Ref 28-1002 RS Neb.)
§ 6-110 DOGS; BARKING AND OFFENSIVE.
(1) 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 at or chases pedestrians, drivers, or owners of horses or vehicles while they are on any
public sidewalks, streets, or alleys in the Municipality. (Ref 17-526 RS Neb.)
(2) In the event that a citation is issued under this section, Jn lieu of filing charges in the County
Court, the City Police shall designate on the citation the fine and cutoff date for settlement, and turn the
citation over to the office of the City Clerk. If the citation is the individuals only offense under this
section in the last six (6) months (counted calendar months back from the date of offense indicated on
the citation) and if the fine is paid within five (5) days of the citation date and according to the
requirements set out in the citation, no further action shall be taken on that citation. If the fine is not
paid within five (5) days, then the citation shall be forwarded to the City Attorney for filing in the Pierce
County Court. For purposes of this section, the fine shall be as follows: Twenty dollars ($20.00) for
the offense. (Ord. No. 756, 6/12/01)
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. ..- ... ,
§ 6-111 DOGS; FIGHTING.
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. (Ref 17-526 RS Neb.)
§ 6-112 DOGS; LIABILITY OF OWNER.
It shall be unlawful for any person to allow a dog owned, kept, or harbored by him, or under his
charge or control, to injure or destroy any real or personal property of any description belonging to
another person. The owner or possessor of any such dog, in addition to the usual judgment upon
conviction, may be made to be liable to the persons so injured in an amount equal to the value of the
damage so sustained. (Ref 54-601, 54-602 RS Neb.)
§ 6-113 DOGS; REMOVAL OF TAGS.
It shall be unlawful for any person to remove or cause to be removed, the collar, harness, or metallic
tag from any licensed dog without the consent of the owner, keeper, or possessor thereof. (Ref 17-526
RS Neb.)
§ 6-114 DOGS; IMPOUNDING.
It shall be the duty of the Municipal Police to capture, secure, and remove in a humane manner to
the Municipal Animal Shelter any dog violating any of the provisions of this Article. The dogs so
impounded shall be treated in a humane manner and shall be provided with a sufficient supply of food
and fresh water each day. Each impounded dog shall be kept and maintained at the pound for a period
of not less than five (5) days after public notice has been given unless reclaimed earlier by the owner.
Notice of impoundment of all animals, including any significant marks or identifications, shall be posted
at the office of the Municipal Clerk within twenty-four (24) hours after impoundment as public
notification of such impoundment. Any dog may be reclaimed by its owner during the period of
impoundment by payment of a general impoundment fee and daily board fee as set by resolution of the
Governing Body and on file in the office of the Municipal Clerk. The- owner shall then be required to
comply with the licensing and rabies vaccination requirements within seventy-two (72) hours after
release. If the dog is not claimed at the end of required waiting period after public notice has been given
the Municipal Police may dispose of the dog in accordance with the applicable rules and regulations
pertaining to the same; provided, that if, in the judgment of the Municipal Police, a suitable home can
be found for any such dog within the Municipality, the said dog shall be turned over to that person and
the new owner shall then be required to pay all fees and meet all licensing and vaccinating requirements
provided in this Article. The Municipality shall acquire legal title to any unlicensed dog impounded in
the Animal Shelter for a period longer than the required waiting period after giving notice. All dogs
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shall be destroyed and buried in the summary and humane manner as prescribed by the Board of Health
unless a suitable home can be found for such dog. (Ref 17-548, 71-4408 RS Neb.)(Amended by Ord.
Nos. 298, 10/10/77; 364, 219181; 387, 12/8/81)
§ 6-115 DOGS; RABIES SUSPECTED.
Any dog suspected of being afflicted with rabies, or any dog not vaccinated in accordance with the
provisions of this Article which has bitten any person and caused an abrasion of the skin, shall be seized
and impounded under the supervision of the Board of Health for a period of not less than ten (10) days.
If upon examination by a veterinarian, the dog has no clinical signs of rabies at the end of such
impoundment, it may be released to the owner, or, in the case of an unlicensed dog, it shall be disposed
of in accordance with the provisions herein. If the owner of the said dog has proof of vaccination, it shall
be confined by the owner or some other responsible person for a period of at least ten (10) days, at which
time the dog shall be examined by a licensed veterinarian. If no signs of rabies are observed, the dog
may be released from confinement.
§ 6-116 DOGS; RUNNING AT LARGE; DEFINITIONS; PENALTIES.
(1) No dog shall be permitted to run at large in the City. For purposes of this section, a dog shall
be deemed to be running at large unless:
(a) It is confined within a residence, a building, fenced area or kennel; or
(b) It is tied in a fixed location from which it cannot reach a public sidewalk or street; or
(c) It is on a leash under the control of its owner or handler; or
(d) It is on property owned or leased by its owner and under the constant supervision and
control of the owner.
..
(2) Any dog found to be running at large may be-impounded as otherwise provided in this Article,
or in the alternative, a citation may be issued to the owner of the dog by the Municipal Police.
,,.---....
(3) In the event that a citation is issued under this section, in lieu of filing charges in the County
Court, the City Police shall designate on the citation the fine and cutoff date for settlement, and turn the
citation over to the office of the City Clerk. If the citation is the individual's only offense under this
section in the last six (6) months (counted calendar months back from the date of offense indicated on
the citation) and if the fine is paid within five (5) days of the citation date and according to the
requirements set out in the citation, no further action shall be taken on that citation. If the fine is not
paid within five (5) days, then the citation shall be forwarded to the City Attorney for filing in the Pierce
County Court. For purposes of this section, the fine shall be as follows: Fifty dollars ($50.00) for the
offense. (Ord. No. 367, 3/12/81)(Amended by Ord. Nos. 500, 2114189;756, 6/12/01; 882, 11/12/10)
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§ 6-117 DANGEROUS DOGS; DEFINITIONS.
Animal Control Authority shall mean an entity authorized to enforce the animal control laws of a
municipality, and includes any local law enforcement agency or other agency designated by the city to
enforce the animal control laws of the municipality.
Animal Control Officer shall mean any individual employed, appointed, or authorized by an animal
control authority for the purpose of aiding in the enforcement of this act or any other law or ordinance
relating to the licensing of animals, control of animals, or seizure and impoundment of animals and shall
include any state or local law enforcement or other employee whose duties in whole or in part include
assignments that involve the seizure and impoundment of any animal.
Dangerous Dog shall mean any dog that, according to the records of an animal control authority:
a.
Has killed a human being;
b.
Has inflicted severe injury on a human being that requires medical treatment;
c.
Has killed a domestic animal without provocation; or
d. Has been previously determined to be a potentially dangerous dog by an animal control
authority, the owner has received notice of such determination from an animal control authority
or an animal control officer, and such dog inflicts an injury on a human being that does not
require medical treatment, injures a domestic animal, or threatens the safety of humans or
domestic animals. A dog shall not be defined as a dangerous dog if the individual was
tormenting, abusing or assaulting the dog at the time of the injury, or has, in the past, been
observed or reported to have tormented, abused, or assaulted the dog. A dog shall not be
defined as a dangerous dog if the injury, damage or threat was sustained by an individual who,
at the time, was committing a willful trespass as defined in sections 20-203, 28-520, or 28-521
RS Neb., was committing any other tort upon the property of the owner of the dog, was
tormenting, abusing, or assaulting the dog, or has, in the past, been observed or reported to
have tormented, abused, or assaulted the dog, or was committing or attempting to commit a
crime. A dog shall not be defined as a dangerous dog if the dog is a police animal as defined
in Neb. RS 28-1008.
Domestic Animal shall mean a cat, a dog, or livestock. Livestock includes buffalo, deer, antelope,
fowl and any other animal in any zoo, wildlife park, refuge, wildlife area or nature center intended to
be on exhibit.
Medical Treatment shall mean treatment administered by a physician or other licensed health care
professional that results in sutures or surgery or treatment for one or more broken bones.
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Owner shall mean any person, firm, corporation, organization, political subdivision, or department
possessing, harboring, keeping, or having control or custody of a dog.
Potentially Dangerous Dog shall mean:
a.
Any dog that when unprovoked;
(i) Inflicts an injury on a human being that does not require medical treatment; or
(ii) Injures a domestic animal; or
(iii) Chases or approaches a person upon streets, sidewalks, or any public grounds in a
menacing fashion or apparent attitude of attack, or;
b. Any specific dog with a known propensity, tendency, or disposition to attack when unprovoked,
to cause injury, or to threaten the safety of humans or domestic animals; and
(Ref 54-617 RS Neb.) (Ord. No. 510, 11/14/89)
§ 6-118 DANGEROUS DOGS; RESTRAINED.
(1) A dangerous dog that has been declared as such shall be spayed or neutered and implanted with
a microchip identification number by a licensed veterinarian within thirty (30) days after such
declaration. The cost of both procedures is the responsibility of the owner of the dangerous dog. Written
proof of both procedures and the microchip identification number shall be provided to the animal control
authority after the procedures are completed.
(2) No owner of a dangerous dog shall permit the dog to go beyond the property of the owner
unless the dog is restrained securely by a chain or leash.
(3) Except as provided in division (4) of this section or for a reasonable veterinary purpose, no
owner of a dangerous dog shall transport such dog or permit.such dog to be transported to another
county, city, or village in this state.
.,. ·
(4) An owner of a dangerous dog may transport such dog or permit such dog to be transported to
another county, city, or village in this state for the purpose of permanent relocation of the owner if the
owner has obtained written permission prior to such relocation from the animal control authority of the
county, city, or village in which the owner resides and from the county, city, or village in which the
owner will reside. Each animal control authority may grant such permission based upon a reasonable
evaluation of both the owner and the dog, including if the owner has complied with the laws of this state
and of the county, city, or village in which he or she resides with regard to dangerous dogs after the dog
was declared dangerous. An animal control authority shall not grant permission under this section if the
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county, city, or village has an ordinance or resolution prohibiting the relocation of dangerous dogs. After
the permanent relocation, the animal control authority of the county, city, or village in which the owner
resides shall monitor the owner and such dog for a period of at least thirty (30) days but not to exceed
ninety (90) days to ensure the owner's compliance with i.he laws of this state and of such county, city,
or village with regard to dangerous dogs. Nothing in this division shall permit the rescindment of the
declaration of dangerous dog. (Ref 54-618 RS Neb.)
No. 510, 11/14/89)
tc-«
§ 6-119 DANGEROUS DOGS; CONFINED.
(1) No person, firm, partnership, limited liability company, or corporation shall own, keep, or
harbor or allow to be in or on any premises occupied by him, her, or it or under his, her, or its charge
or control any dangerous dog without such dog being confined so as to protect the public from injury.
(2) 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 at least one (1) foot. The pen or structure shall also protect the dog
from the elements. The pen or structure shall be at least ten (10) feet from any property line of the
owner. The owner of a dangerous dog shall post warning signs on the property where the dog is kept
that are clearly visible from all areas of public access and that informs persons that a dangerous dog is
on the property. Each warning sign shall be no less than ten (10) inches by twelve (12) inches and shall
contain the words warning and dangerous animal in high-contrast lettering at least three (3) inches high
on a black background. (Ref 54-619 RS Neb.) (Ord. No. 510, 11/14/89)
§ 6-120 DANGEROUS DOGS; FAILURE TO COMPLY.
(1) Any dangerous dog may be immediately confiscated by an animal control officer if the owner
is in violation of this article. The owner shall be responsible for the reasonable costs incurred by the
animal control authority for the care of a dangerous dog confiscatedby an animal control officer or for
the destruction of any dangerous dog if the action by the animal control authority is pursuant to law and
if the owner violated this article. (Ref 54-620 RS Neb.)
(2) In addition to any other penalty, a court may order the animal control authority to dispose of
a dangerous dog in an expeditious and humane manner. (Ref 54-621 RS Neb.) (Ord. No. 510, 11/14/89)
(3) (a) Any owner whose dangerous dog inflicts on a human being a serious bodily injury as
defined in Neb. RS 28-109 is guilty of a Class I misdemeanor for the first offense, whether or not the
same dangerous dog is involved.
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(b) It is a defense to a violation of division (3)(a) of this section that the dangerous dog was,
at the time of the infliction of the serious bodily injury, in the custody of or under the direct control of
a person other than the owner or the owner's immediate family. (Neb. RS 54-622.01)
(4) Effect of prior conviction. If a dangerous dog of an owner with a prior conviction under this
section attacks or bites a human being or domestic animal, in addition to any other penalty, the
dangerous dog shall be immediately confiscated by an animal control authority, placed in quarantine for
the proper length of time, and thereafter destroyed in an expeditious and humane manner.
(Neb. RS 54-623)
§ 6-121 DANGEROUS DOGS; ADDITIONAL REGULATIONS.
Nothing in this article shall be construed to restrict or prohibit any governing body of the
municipality from establishing and enforcing laws or ordinances at least as stringent as the provisions
of this article. (Ref 54-624 RS Neb.) (Ord. No. 510, 11/14/89)
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ARTICLE 2: ANIMALS GENERALLY
§ 6-201 ANIMALS; CONTROLLED WITHIN MUNICIPALITY.
It shall be unlawful for any person to keep and maintain within the corporate limits any horse, mule,
sheep, cow, goat, swine or other livestock, and it shall also be unlawful to keep and maintain within the
corporate limits any chickens, geese, turkeys, or other fowl. (Amended by Ord. No. 884, 9/14/10)
§ 6-202 ANIMALS; CRUELTY.
No person shall cruelly or unnecessarily beat, overwork, or insufficiently shelter or feed any animal
within the Municipality. (Ref 28-1001, 28-1002 RS Neb.)
§ 6-203 ANIMALS; KILLING AND INJURING.
_..--.....
No person shall kill or injure any animal by the use of firearms, stones, clubs, poisons, or any other
manner unless the animal is vicious or dangerous and cannot be captured without danger to the persons
attempting to effect a capture of the said animal. (Ref 28-1001, 28-1002 RS Neb.)
§ 6-204 ANIMALS; 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.
§ 6-205 CATS; REGISTRATION REQUIRED.
It shall be unlawful for any person in the Municipality to own, keep, or harbor a cat over the age
of three (3) months without having licensed said cat. Application for the said license shall be made to
the Municipal Clerk and shall include the name and address of the owner of the cat; such description as
may be required for the purpose of identification; and the number of the registration issued. Upon the
payment of a fee set by resolution of the Governing Body AND collection of the one dollar ($1. 00) per
license fee required by the State of Nebraska to be remitted to the Commercial Dog and Cat Operator
Inspection Fund, the Municipal Clerk shall furnish to the registrant a receipt showing proof of such
payment and a metallic tag bearing the registration number and the registration year. The license renewal
shall be due on the first (1st) day of May of any year, and the renewal fee shall be delinquent on the tenth
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(10th) day of May. Said license shall not be transferable and no refund will be allowed in the case of
the death, sale, or other disposition of the licensed cat. No license shall be issued without presentation
of a certificate for a rabies shot effective for the ensuing year. In the event that the license tag is lost and
upon satisfactory evidence that the original plate or tag was issued in accordance with provisions herein,
the Municipal Clerk shall issue a duplicate or new tag for the balance of the year for which the tax has
been paid and may charge and collect a fee set by resolution of the Governing Body for each duplicate
or new tag so issued. All license fees and collections shall be immediately credited to the General Fund.
It shall be the duty of the Municipal Clerk to issue tags of a suitable design that are different in
appearance each year. (Ref 17-547 RS Neb.) (Ord. No. 380, 12/8/81) (Amended by Ord. No. 886,
10/12/10)
§ 6-206 ANY ANIMAL; OWNER DEFINED FOR PURPOSES OF CHAPTER 2.
OWNER. Any person possessing, keeping, harboring, or having charge or control of any domestic
or hybrid animal or permitting any domestic animal to habitually be or remain on or be lodged or fed
within the person's house, yard, or premises. This term does not apply to veterinarians or kennel
operators temporarily maintaining on their premises domestic or hybrid animals owned by other persons
for a period of not more than thirty (30) days.
..
(Ref 71-4401 RS Neb.)
§ 6-207 ABANDONMENT, NEGLECT, AND MISTREATMENT.
(1) Definitions. For the purpose of this chapter, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
ABANDON. To leave any animal in one's care, whether as owner or custodian, for any length
of time without making effective provision for its food, water; or other care as is reasonably necessary
for the animal's health.
ANIMAL. Any vertebrate member of the animal kingdom. ANIMAL does not include an
uncaptured wild creature or a livestock animal as defined in· this section.
•
r
.,.
••
'
BOVINE. A cow, an ox, or a bison.
CRUELLY MISTREAT. To knowingly and intentionally kill, maim, disfigure, torture, beat,
mutilate, burn, scald, or otherwise inflict harm upon any animal.
CRUELLY NEGLECT. To fail to provide any animal in one's care, whether as owner or
custodian, with food, water, or other care as is reasonably necessary for the animal's health.
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HUMANE KILLING. The destruction of an animal by a method which causes the animal a
minimum of pain and suffering.
LAW ENFORCEMENT OFFICER. Any member of the Nebraska State Patrol, any county or
deputy sheriff, any member of the police force of any city or village, or any other public official
authorized by any city or village to enforce state or local animal control laws, rules, regulations, or
ordinances.
LIVESTOCK ANIMAL.
animals, ratite birds, or poultry. ·
Any bovine, equine, swine, sheep, goats, domesticated cervine
POLICE ANIMAL. A horse or dog owned or controlled by the state or any county, city, or
village for the purpose of assisting a law enforcement officer in the performance of his or her official
enforcement duties. (Ref 28-1008 RS Neb.)
(2) Enforcement powers; immunity.
(a) 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.
(b) Any law enforcement officer who has reason to believe that an animal has been abandoned
or is being cruelly neglected or cruelly mistreated may issue a citation to the owner as prescribed in
sections 29-422 to 29-429 RS Neb.
(c) 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 28-1012 RS Neb.)
(3) Violation.
(a) A person who intentionally, knowingly, or recklessly abandons, cruelly neglects, or cruelly
mistreats an animal is guilty of an offense.
(b) A person commits harassment of a police animal if he or she knowingly and intentionally
teases or harasses a police animal in order to distract, agitate, or harm the police animal for the purpose
of preventing such animal from performing its legitimate official duties. (Ref 28-1009 RS Neb.) (Ord.
No. 6-207, 2/12/13)
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ARTICLE
3: MISCELLANEOUS
MISDEMEANORS
§ 6-301 MISDEMEANORS; IMPERSONATING AN OFFICER.
It shall be unlawful for any person other than a Municipal or State Police Officer to wear an official
badge or uniform, or to falsely and willfully impersonate the said officials.
§ 6-302 MISDEMEANORS; REFUSING TO ASSIST OFFICER.
It shall be unlawful for any person to refuse to assist a Municipal Police Officer when lawfully
requested to do so by him.
§ 6-303 MISDEMEANORS; RESISTING OFFICER.
It shall be unlawful for any person to resist any Municipal Policeman when such officer is in the
lawful performance of his duties.
§ 6-304 MISDEMEANORS; ABUSING OFFICER.
It shall be unlawful for any person to abuse a police officer or Municipal official in the execution
of his office.
§ 6-304.5 MISDEMEANORS; OBSTRUCTING A PEACE OFFICER.
(A) A person commits the offense of obstructing a peace officer when, by using or threatening to
use violence, force, physical interference, or obstacle, he or she intentionally obstructs, impairs, or
hinders:
(1) The enforcement of the penal law or the preservation of the peace by a peace officer or
judge acting under color of his or her official authority; or
(2) A police animal assisting a peace officer acting pursuant to the peace officer's official
authority.
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(B) For purposes of this section, POLICE ANIMAL means a horse or dog owned or controlled by
the state or any county, city, or village for the purpose of assisting a peace officer acting pursuant to his
or her official authority. (Ref 28-906 RS Neb.) (Ord. No. 6-304.5, 2/12/13)
§ 6-305 MISDEMEANORS; TRESPASSING.
It shall be unlawful for any person to trespass upon any private grounds within the Municipality,
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.
§ 6-306 MISDEMEANORS; MALICIOUS DESTRUCTION OF PROPERTY.
It shall be unlawful for any person within the corporate limits to purposely, willfully, or maliciously
injure in any manner, or destroy any real or personal property of any description belonging to another.
§ 6-307 MISDEMEANORS; LARCENY.
It shall be unlawful for any person within the corporate limits to steal any money, goods, or chattels
of any kind whatever. Any person who shall steal property of any kind, whether the same be entirely
in money or entirely property of the value of less than three hundred ($300.00) dollars shall be deemed
to be guilty of a misdemeanor. (Ref 28-512, 28-514 RS Neb.)
§ 6-308 MISDEMEANORS; CONCEALING STOLEN PROPERTY.
Any person who receives or conceals stolen property, goods, or chattels of any kind with the intent
to defraud the owner, or whoever receives or conceals any money or other accountable receipts and
evidences of ownership shall be deemed to be guilty of a misdemeanor,
§ 6-309 MISDEMEANORS; ARSON.
Any person who willfully or maliciously sets on fire any property when the injury or damage
therefrom shall be of a less value than thirty-five ($35.00) dollars, shall be deemed to be guilty of a
misdemeanor. (Ref 28-503 RS Neb.)
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§ 6-310 MISDEMEANORS; INJURY TO TREES.
It shall be unlawful for any person to purposely or carelessly, and without lawful authority, cut
down, carry away, injure, break down, or destroy any fruit, ornamental, shade or other tree or trees
standing or growing on any land belonging to another person or persons or on any public land in the
corporate limits. Any public service company desiring to trim or cut down any tree, except on property
owned and controlled by them, shall make an application to the Governing Body to do so, and the written
permit of the Governing Body in accordance with their decision to allow such an action shall constitute
the only lawful authority on the part of the company to do so. (Amended by Ord. No. 299, 10110177)
§ 6-311 MISDEMEANORS; FIRE EQUIPMENT.
It shall be unlawful for any person who is not an active member of the Municipal Fire Department
to deface, destroy, handle, or loiter about the equipment and property of the Fire Department.
§ 6-312 MISDEMEANORS; FIRE HOSE.
,.--------.
It shall be unlawful for any person, without the consent of the Fire Chief, or the Assistant Fire Chief
to drive any vehicle over the unprotected hose of the Fire Department at any time.
§ 6-313 MISDEMEANORS; TRASH.
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 28-591 RS Neb.)
§ 6-314 MISDEMEANORS; DRINKING ON PUBLIC PROPERTY; OPEN BEVERAGE
CONTAINER
· · ·
(A) For the purpose of this section, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
----~.
ALCOHOLIC BEVERAGE.
(a) Beer, ale, porter, stout, and other similar fermented beverages, including sake or
similar products, of any name or description, containing 0.5% or more of alcohol by volume, brewed
or produced from malt, wholly or in part, or from any substitute therefor;
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(b) Wine of not less than 0.5 % alcohol by volume; or
(c) Distilled spirits, which is that substance known as ethyl alcohol, ethanol, or spirits of
wine in any form, including all dilutions and mixtures thereof from whatever source or by whatever
process produced.
(d) ALCOHOLIC BEVERAGE does not include trace amounts not readily consumable as
a beverage.
HIGHWAY.
A road or street including the entire area within the right-of-way.
LIMOUSINE. A luxury vehicle used to provide prearranged passenger transportation on a
dedicated basis at a premium fare that has a seating capacity of at least five (5) and no more than fourteen
(14) persons behind the driver with a physical partition separating the driver seat from the passenger
compartment. LIMOUSINE does not include taxicabs, hotel or airport buses or shuttles, or buses.
OPEN ALCOHOLIC BEVERAGE CONTAINER. Except as provided in sections 53-123.04(3)
and 53-123. ll(l)(c) RS Neb., any bottle, can, or other receptacle:
(a) That contains any amount of alcoholic beverage; and
(b) (i) That is open or has a broken seal; or
(ii) The contents of which are partially removed.
PASSENGER AREA. The area designed to seat the driver and passengers while the motor
vehicle is in operation and any area that is readily accessible to the driver or a passenger while in their
seating positions, including any compartments in the area. PASSENGER AREA does not include the
area behind the last upright seat of the motor vehicle if the area is not normally occupied by the driver
or a passenger and the motor vehicle is not equipped with a trunk.
(B) Except as otherwise provided in this section, it is unlawful for any person in the passenger area
of a motor vehicle to possess an open alcoholic beverage container while the motor vehicle is located in
a public parking area or on any highway in this Municipality. .
(C) Except as provided in section 10-120 of this Code or division (D) of this section, it is unlawful
for any person to consume an alcoholic beverage:
(1) In a public parking area or on any highway in this Municipality; or
(2) Inside a motor vehicle while in a public parking area or on any highway in this
Municipality.
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(D) This section does not apply to persons who are passengers of, but not drivers of, a limousine
or bus being used in a charter or special party service as defined by rules and regulations adopted and
promulgated by the state Public Service Commission and subject to Neb. Admin. Code, Chapter 75,
Article 3. Such passengers may possess open alcoholic beverage containers and may consume alcoholic
beverages while such limousine or bus is in a public parking area or on any highway in this Municipality
if:
(1) The driver of the limousine or bus is prohibited from consuming alcoholic liquor; and
(2) Alcoholic liquor is not present in any area that is readily accessible to the driver while in
the driver's seat, including any compartments in such area. (Ref 60-6,211.08 RS Neb.) (Amended by
Ord. Nos. 742, 7/11/00; 10-122, 5/8/12)
§ 6-315 MISDEMEANORS; MISREPRESENTATION BY MINOR.
It shall be unlawful for any minor to represent that he is of the age of nineteen (19) years for the
purpose of asking for, purchasing, or receiving any alcoholic beverages. (Ref 53-103 RS Neb.)
-~,
§ 6-316 MISDEMEANORS; MINOR IN POSSESSION.
It shall be unlawful for any person, defined by Chapter 53 of the Revised Statutes of the State of
Nebraska to be a minor for the purpose of that Chapter, to transport, knowingly possess, or have under
his control in any motor vehicle, beer or other alcoholic liquor on any public street, alley, roadway, or
property owned by the State of Nebraska or any subdivision thereof, or any other place within the
Municipal limits. (Amended by Ord. No. 404, 3/8183)
§ 6-317 MISDEMEANORS; POSTED ADVERTISEMENTS.
It shall be unlawful for any person to wrongfully and maliciously tear, deface, remove, or cover up
the posted advertisement or bill of any person, firm, or corporation 'when said bill or advertisement is
rightfully and lawfully posted, and the same remains of value.
§ 6-318 MISDEMEANORS; POSTING.
It shall be unlawful for any person to post, paste, or paint any sign, advertisement, or other writing
of any nature upon a fence, pole, building, or other property without the written permission of the owner
of the said property.
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§ 6-319 MISDEMEANORS; DISCHARGE OF FIREARMS.
It shall be unlawful for any person, except an officer of the law in the discharge of his official duty,
to fire or discharge any gun, pistol, or other fowling piece within the Municipality; provided, nothing
herein shall be construed to apply to officially sanctioned public celebrations if the persons so
discharging firearms have written permission from the Governing Body. (Ref 17-556 RS Neb.)
§ 6-320 MISDEMEANORS; CONCEALED WEAPONS.
(A) (1) Except as otherwise provided in this section, any person who carries a weapon or weapons
concealed on or about his or her person such as a revolver, pistol, bowie knife, dirk or knife with a dirk
blade attachment, brass or iron knuckles or any other deadly weapon commits the offense of carrying
a concealed weapon.
(2) lt is an affirmative defense that the defendant was engaged in any lawful business, calling,
or employment at the time he or she was carrying any weapon or weapons and the circumstances in
which such person was placed at the time were such as to justify a prudent person in carrying the weapon
or weapons for the defense of his or her person, property, or family.
·
(B) This section does not apply to a person who is the holder of a valid permit issued under the
Concealed Handgun Permit Act if the concealed weapon the defendant is carrying is a handgun defined
in section 69-2429 RS Neb. (Ref 28-1202 RS Neb.)
§ 6-321 MISDEMEANORS; SLINGSHOTS, AIR GUNS, BB GUNS.
It shall be unlawful for any person to discharge a slingshot, air gun, BB gun, or the like loaded with
rock or other dangerous missiles at any time or under any circumstances within the Municipality. (Ref
17-207 RS Neb.)
§ 6-322 MISDEMEANORS; FIREWORKS DEFINED. '
DISTRIBUTOR. Any person engaged in the business of making sales of fireworks at wholesale in
this state to any person engaged in the business of making sales or fireworks either as a jobber or as a
retailer or both.
FIREWORKS. Any composition or device designed for the purpose of producing a visible or audible effect
by combustion, deflagration, or detonation and which meets the definition of common or special fireworks
set forth by the United States Department of Transportation in Title 49, Code of Federal Regulations.
/---.
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(1) COMMON FIREWORKS. Any small firework device designed to produce visible effects
by combustion and which is required to comply with the construction, chemical composition and labeling
regulations of the United States Consumer Product Safety Commission set forth in 16 C.F.R., small
devices designed to produce audible effects such as whistling devices, ground devices containing fifty
(50) milligrams or less of explosive composition and aerial devices and firecrackers containing one
hundred thirty (130) milligrams or less of explosive composition. Class C explosives as classified by
the United States Department of Transportation shall be considered common fireworks.
(2) DISPLAY FIREWORKS. Those materials manufactured exclusively for use in public
exhibitions or displays of fireworks designed to produce visible or audible effects by combustion,
deflagration or detonation. Includes but is not limited to firecrackers containing more than one hundred
thirty (130) milligrams of explosive composition, aerial shells containing more than forty (40) grams of
explosive composition and other display pieces which exceed the limits for classification as common
fireworks. Class B explosives as classified by the United States Department of Transportation shall be
considered display fireworks. Display fireworks shall be considered an explosive as defined in section
28-1213 RS Neb. and shall be subject to sections 28-1213 to 28-1239 RS Neb., except that display
fireworks may be purchased, received and discharged by the holder of an approved display permit issued
pursuant to section 28-1239.01 RS Neb .
.-~
(3) PERMITTEDFIREWORKS. Only sparklers, vesuvius fountains, spray fountains, torches,
color fire cones, star and comet type color aerial shells without explosive charge for the purpose of
making a noise, lady fingers, not to exceed seven-eighths (7/8) of an inch in length or one-eighth (1/8)
inch in diameter, total explosive composition not to exceed fifty (50) milligrams in weight, color wheels
and any other fireworks approved under section 28-1247 RS Neb.
JOBBER. Any person engaged in the business of making sales of fireworks at wholesale to any
other person engaged in the business of making sales at retail.
RETAILER. Any person engaged in the business of making sales of fireworks at retail to
consumers or to persons other than distributors or jobbers.
SALE. Includes barter, exchange or gift or offer therefor and each such transaction made by any
person, whether as principal, proprietor, agent, servant or employee. (Ref 28-1241 RS Neb.) (Amended
by Ord. No. 493, 11/8/88)
§ 6-322.01 MISDEMEANORS; FIREWORKS; PERMITTED FIREWORKS.
(1) (a) It shall be unlawful for any person to ignite or cause to be exploded fireworks or
firecrackers of any description whatsoever, except sparklers, vesuvious fountains, spray fountains,
torches, color fire cones, star and comet type color aerial shells without explosive charges for the
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purpose of making a noise, color wheels, lady fingers, not exceeding seven-eighths (7 /8 ")inch in length
or one-eighth (118") inch in diameter, and which do not contain more than fifty (50) milligrams each in
weight of explosive material, and then only between June 24 and July 5 of each year.
(b) However, an exception shall be made if July 4 falls on a Friday, and in that event fireworks
shall also be allowed through July 5 and July 6 (the following Saturday and Sunday). On the 4th of July
fireworks may be discharged between the hours of 8:00 A.M. and 12:00 A.M. (midnight); on all other
days discharge of fireworks shall be limited to 8:00 A.M. to 11:00 P.M.
(2) The provisions of this section shall not apply to any fireworks to be used for purpose of public
exhibitions or display under authorization of the City Council or to fireworks furnished for agricultural
purposes pursuant to written authorization from the State Fire Marshal. (Ref 17-556, 28-1241, 28-1244,
28-1245 RS Neb.) (Ord. No. 494, 11/8/88) (Amended by Ord. No 915, 12/10/13)
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§ 6-323 MISDEMEANORS;
Misdemeanors
17
ASSAULTS.
It shall be unlawful for any person to assault or threaten any other person or persons. Any person
who assaults another person or persons shall be deemed to be guilty of a misdemeanor. (Ref 28-411 RS
Neb.)
§ 6-324 MISDEMEANORS; PROVOKING ASSAULT.
It shall be unlawful for any person or persons within the Municipality to intentionally provoke or
attempt to provoke an assault upon himself or another by the uttering of insulting words, cursing and
swearing, or to use slander against any other person. Upon conviction a fine not to exceed ten ($10.00)
dollars shall be assessed. (Ref 28-412 RS Neb.)
§ 6-325 MISDEMEANORS; ASSAULT AND BATTERY.
It shall be unlawful for any person to assault, threaten, strike, or injure any other person or persons.
Any person who assaults or batters another person or persons shall be deemed to be guilty of a
misdemeanor. (Ref 28-411 RS Neb.)
§ 6-326 MISDEMEANORS; DISTURBING THE PEACE.
It shall be unlawful for any person or persons to assemble or gather within the Municipality with
the intent to do an unlawful or disorderly act or acts, by force or violence against the Municipality, or
residents therein, or who shall disturb the public peace, quiet, security, repose, or sense of morality.
Any person or persons so assembled or gathered shall be deemed to be guilty of a misdemeanor. (Ref
28-818 RS Neb.)
§ 6-327 MISDEMEANORS; DISORDERLY CONDUCT ..
Any person who shall knowingly start a fight, fight, commit assault or battery, make unnecessary
noise, or otherwise conduct themselves in such a way as to breach the peace shall be deemed to be guilty
of a misdemeanor. (Ref 17-129, 17-556 RS Neb.)
§ 6-328 MISDEMEANORS; MALICIOUS MISCIDEF.
~
It shall be deemed a misdemeanor for any person to willfully destroy, mutilate, deface, injure, or
remove any tomb, monument, gravestone, structure, or thing of value which is located upon any
government property, cemetery, or property of historic value. Conviction of such misdemeanor shall
be punishable by a fine not less than five ($5.00) dollars, nor more than one hundred ($100.00) dollars.
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Any such offender shall also be liable, in an action for trespass in the name of the beneficial holder
of said property, for all damages which arise from the commission of such unlawful act. (Ref 12-519
RS Neb.)
§ 6-329 MISDEMEANORS; DISTURBING AN ASSEMBLY.
It shall be unlawful for any person or persons to disturb, interrupt, or interfere with any lawful
assembly of people, whether religious or otherwise, 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. (Ref 28-801 through
28-803 RS Neb.)
§ 6-330 MISDEMEANORS; UNLAWFUL ASSEMBLY.
It shall be unlawful for three (3) or more persons to assemble together upon any sidewalk or street
thereof, in front of or adjacent to any store, shop, or other place of business, so as to obstruct the public
right-of-way along said street or sidewalk, or entrance to said place of business, or so as to obstruct or
injure the carrying on or any lawful business in any of the places aforesaid within the limits of the
Municipality. (Ref 28-804 RS Neb.)
§ 6-331 MISDEMEANORS; LITTERING.
(1) 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:
(a) Such property is 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
(b) The litter is placed in a receptacle or container installed 011 such property for such purpose.
(2) The word litter as used in this section shall mean all waste material susceptible of being
dropped, deposited, discarded or otherwise disposed of by any person upon any property in the state but
does not include wastes of primary processes of farming or manufacturing. Waste material as used in
this section shall mean any material appearing in a place or in a context not associated with that
material's function or origin.
(3) 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 28-523 RS Neb.) (Amended by Ord. No. 611, 2/14/95)
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§ 6-332 MISDEMEANORS; PROHIBITED FENCES.
It shall be unlawful for any person to erect, or cause to be erected, and maintain any barbed wire
or electric fence within the corporate limits, where such fence abuts a public sidewalk, street or alley.
§ 6-333 MISDEMEANORS; APPLIANCES IN YARD.
It shall be unlawful for any person to permit a refrigerator, icebox, freezer, or any other dangerous
appliance to be in the open and accessible to children whether on private or public property unless he
shall first remove all doors and make the same reasonably safe. (Ref 18-1720 RS Neb.)
§ 6-334 MISDEMEANORS; OBSTRUCTION OF PUBLIC WAYS.
It shall be unlawful for any person to erect, maintain, or suffer to remain on any street or public
sidewalk a stand, wagon, display, or other obstruction inconvenient to, or inconsistent with, the public
use of the same.
§ 6-335 MISDEMEANORS; OBSTRUCTING WATER FLOW.
It shall be unlawful for any person to stop or obstruct the passage of water in a street gutter, culvert,
water pipe, or hydrant.
§ 6-336 MISDEMEANORS; REMOVING DIRT.
It is hereby declared unlawful for any person to remove, disturb, or take away from any street,
alley, or public grounds any dirt, earth, stones, or other materials forming a part of such street, alley,
or public grounds without first having obtained written permission to do so from the Governing Body.
§ 6-337 WEEDS, LITTER, STAGNANT WATER
(A) Lots or pieces of ground within the City shall be drained or filled so as to prevent stagnant
water or any other nuisance accumulating thereon.
(B) The owner or occupant of any lot or piece of ground within the City shall keep the lot or piece
of ground and the adjoining streets and alleys free of any growth of twelve (12) inches or more in height
of weeds, grasses, or worthless vegetation.
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(C) The throwing, depositing, or accumulation of litter on any lot or piece of ground within the City
is prohibited.
(D) It is hereby declared to be a nuisance to permit or maintain any growth of twelve (12) inches
or more in height of weeds, grasses, or worthless vegetation on any lot or piece of ground within the
City or on the adjoining streets or alleys or to litter or cause litter to be deposited or remain thereon
except in proper receptacles.
(E) Any owner or occupant of a lot or piece of ground shall, upon conviction of violating this
section, be guilty of an offense.
(F) (1) Notice to abate and remove such nuisance shall be given to each owner or owner's duly
authorized agent and to the occupant, if any. The City shall establish the method of notice by ordinance.
If notice is given by first-class mail, such mail shall be conspicuously marked as to its importance.
Within five (5) days after receipt of such notice, the owner or occupant of the lot or piece of ground may
request a hearing with the City to appeal the decision to abate or remove a nuisance by filing a written
appeal with the office of the City Clerk. A hearing on the appeal shall be held within fourteen (14) days
after the filing of the appeal and shall be conducted by an elected or appointed officer as designated in
the ordinance. The hearing officer shall render a decision on the appeal within five (5) business days
after the conclusion of the hearing. If the appeal fails, the City may have such work done. Within five
(5) days after receipt of such notice, if the owner or occupant of the lot or piece of ground does not
request a hearing with the City or fails to comply with the order to abate and remove the nuisance, the
City may have such work done.
(2) The costs and expenses of any such work shall be paid by the owner. If unpaid for two (2)
months after such work is done, the City may either:
(a) Levy and assess the costs and expenses of the work upon the lot or piece of ground so
benefitted in the same manner as other special taxes for improvements are levied and assessed; or
(b) Recover in a civil action the costs and expenses- of the work upon the lot or piece of
ground and the adjoining streets and alleys.
'
(G) For the purpose of this section, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
LITTER. Includes but is not limited to:
(a) Trash, rubbish, refuse, garbage, paper, rags, and ashes;
(b) Wood, plaster, cement, brick, or stone building rubble;
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(c) Grass, leaves, and worthless vegetation except when used as ground mulch or in a
compost pile;
(d) Offal and dead animals; and
(e) Any machine or machines, vehicle or vehicles, or parts of a machine or vehicle which
have lost their identity, character, utility, or serviceability as such through deterioration, dismantling,
or the ravages of time, are inoperative or unable to perform their intended functions, or are cast off,
discarded, or thrown away or left as waste, wreckage, or junk.
WEEDS. Include, but are not limited to: bindweed (Convolvulus arvensis), puncture vine
(Tribulus terrestris), leafy spurge (Euphorbia esula), Canada thistle (Cirsium arvense), perennial
peppergrass (Lepidium draba), Russian knapweed (Centaurea picris), Johnson grass (Sorghum
halepense), nodding or musk thistle, quack grass (Agropyron repens), perennial sow thistle (Sonchus
arvensis), horse nettle (Solanum carolinense), bull thistle (Cirsium lanceolatum), buckthorn (Rhamnus
sp.) (tourn), hemp plant (Cannabis sativa), and ragweed (Ambrosiaceae).
(Ref 17-563 RS Neb.)
(Amended by Ord. Nos. 665, 7/8/97; 837, 218105; 920, 2/26/14)
§ 6-338 MISDEMEANORS; DISEASED OR DYING TREES. (Repealed by Ord. No. 610, 2/14/95)
§ 6-339 MISDEMEANORS; RADIO INTERFERENCE.
Any person operating, or causing to be operated, any motor, sign, or other electrical apparatus that
is connected with the light and power system shall equip the apparatus with proper filtering attachments
to eliminate interference; provided, that the provisions herein shall not apply to the use of necessary
medical equipment or apparatus where electrical interference cannot be reasonably and safely eliminated.
Any person who so operates, or causes to be operated, any such electrical apparatus that interferes
habitually with radio and television reception shall be deemed to be guilty of a misdemeanor. (Ref
18-1720 RS Neb.)
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§ 6-340 MISDEMEANORS; ABANDONED AUTOMOBILES.
(1) (a) No person shall cause any vehicle to be an abandoned vehicle as described in subsections
(2)(a), (b), (c), or (d) of this section. (Ref 60-1907 RS Neb.)
(b) No person other than one authorized by the Municipality or appropriate state agency shall
destroy, deface, or remove any part of a vehicle which is left unattended on a highway or other public
place without license plates affixed or which is abandoned. (Ref 60-1908 RS Neb.)
(2) A motor vehicle is an abandoned vehicle:
(a) If left unattended, with no license plates or valid In Transit stickers issued pursuant to the
Motor Vehicle Registration Act affixed thereto, for more than six (6) hours on any public property;
(b) If left unattended for more than twenty-four (24) hours on any public property, except a
portion thereof on which parking is legally permitted;
(c) If left unattended for more than forty-eight (48) hours after the parking of such vehicle has
become illegal, if left on a portion of any public property on which parking is legally permitted;
(d) If left unattended for more than seven (7) days on private property if left initially without
permission of the owner, or after permission of the owner is terminated;
(e) If left for more than thirty (30) days in the custody of a law enforcement agency after the
agency has sent a letter to the last-registered owner under subsection (5) of this section; or
(t) If removed from private property by the city pursuant to a city ordinance or this code.
No motor vehicle subject to forfeiture under section 28-431 RS Neb. shall be an abandoned vehicle
under this subsection. (Ref 60-1901 RS Neb.)
(3) If an abandoned vehicle, at the time of abandonment, has no license plates of the current year
or valid In Transit stickers issued pursuant to section 60-376 E.S Neb. affixed and is of a wholesale
value, taking into consideration the condition of the vehicle, of two hundred fifty ($250.00) dollars or
less, title shall immediately vest in the Municipality. (Ref 60-1902 RS Neb.)
(4) (a) Except for vehicles governed by subsection (3) of this section, the Municipality shall make
an inquiry concerning the last-registered owner of an abandoned vehicle as follows:
1. Abandoned vehicle with license plates affixed, to the jurisdiction which issued such
license plates; or
2. Abandoned vehicle with no license plates affixed, to the Department of Motor
Vehicles.
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(b) The Municipality shall notify the last-registered owner, if any, that the vehicle in question
has been determined to be an abandoned vehicle and that, if unclaimed, either:
1. It will be sold or will be offered at public auction after five (5) days from the date such
notice was mailed; or
2.
Title will vest in the Municipality thirty (30) days after the date such notice was mailed.
(c) If the Municipality is notified that a lien or mortgage exists, the notice described in
subsection (4)(b) of this section shall also be sent to the lienholder or mortgagee. Any person claiming
such vehicle shall be required to pay the cost of removal and storage of such vehicle.
(d) Title to an abandoned vehicle, if unclaimed, shall vest in the Municipality:
1. Five (5) days after the date the notice is mailed if the vehicle will be sold or offered
at public auction under subsection (4)(b)1. of this section;
2. Thirty (30) days after the date the notice is mailed if the Municipality will retain the
vehicle; or
3.
If the last-registered owner cannot be ascertained, when notice of such fact is received.
(e) After title to the abandoned vehicle vests pursuant to subsection (4)(d) of this section, the
Municipality may retain for use, sell, or auction the abandoned vehicle. If the Municipality has
determined that the vehicle should be retained for use, the Municipality shall, at the same time that the
notice, if any, is mailed, publish in a newspaper of general circulation in the jurisdiction an
announcement that the Municipality intends to retain the abandoned vehicle for its use and that title will
vest in the Municipality thirty (30) days after publication. (Ref 60-1903 RS Neb.)
(5) (a) If the municipal law enforcement agency has custody of a motor vehicle for investigatory
purposes and has no further need to keep it in custody, it shall send a certified letter to each of the last•
registered owners stating that the vehicle is in the custody of the agency, that the vehicle is no longer
needed for law enforcement purposes, and that after thirty (30) days the agency will dispose of the
vehicle.
(b) This subsection shall not apply to motor vehicles subject to forfeiture under section 28-431
RS Neb.
(c) No storage fees shall be assessed against the registered owner of a motor vehicle held in
custody for investigatory purposes under this subsection unless the registered owner or the person in
2000 S-2
ARTICLE
5: OCCUPATION
TAXES
§ 10-500 LEVIES AUTHORIZED.
(A) The City shall have power to raise revenue by levying and collecting a license tax on any
occupation or business within the limits of the City and regulate the same by ordinance. The occupation
tax shall be imposed in the manner provided in section18-1208 RS Neb., except that section 18-1208 RS
Neb. does not apply to an occupation tax subject to section 86-704 RS Neb. All such taxes shall be
uniform in respect to the classes upon which they are imposed. All scientific and literary lectures and
entertainments shall be exempt from such taxation, as well as concerts and other musical entertainments
given exclusively by the citizens of the City. (Ref 17-525 RS Neb.)
r-
............__
(B) The City Council shall have authority, by ordinance, to impose an occupation tax of not more
than five dollars ($5.00) per annum on each fire insurance corporation, company, or association, doing
business in the City, for the use, support, and benefit of volunteer fire departments, regularly organized
under the laws of the state regulating the same. The City Clerk shall collect with diligence the occupation
tax so imposed. Upon the receipt of the tax the Clerk shall pay over the proceeds thereof to the City
Treasurer who shall credit the same to a fund to be known as special occupation tax fund for benefit of
the volunteer fire department. Upon proper claim filed by the Chief of the Fire Department and allowed
by the City Council, the Treasurer shall pay over the proceeds of the tax in the fund from time to time
for the use of the Fire Department, as hereinbefore provided. (Ref 35-106 RS Neb.)
(C) Notwithstanding any ordinance or charter power to the contrary, the City shall not impose an
occupation tax on the business of any person, firm, or corporation licensed under the Nebraska Liquor
Control Act and doing business within the corporate limits of the City in any sum which exceeds two
(2) times the amount of the license fee required to be paid under the Act to obtain such license. (Ref
53-132 RS Neb.)
Statutory reference:
Occupation taxes generating more than $300, 000; imposition or increase; election required, see
18-1208 RS Neb.
. .
.
§ 10-501 OCCUPATION TAX; AMOUNTS.
For the purpose of raising revenue an occupation tax is hereby levied on the following businesses:
Alcoholic Beverages
Retailer of Beer, On and Off Sales, per year . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Plus $50.00 State License Fee.
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Retailer of Alcoholic Liquors, including Beer, On and Off Sale (Class C) per year .... 250.00
Plus $250. 00 State License Fee.
Retailer of Alcoholic Liquors, including Beer, On Sale only, per year
. 200.00
Plus $200.00 State License Fee
Retailer of Alcoholic Liquors, including Beer, Off Sale only, (Package Sales) per year . 75.00
Fire Insurance Companies, per year
. 5.00
(Ref 17-525 RS Neb.)(Amended by Ord. No. 545, 10/8/81)
§ 10-502 OCCUPATION TAX; FIRE INSURANCE COMPANIES.
For the use, support, and maintenance of the Municipal Fire Department all revenue realized from
the occupation tax on Fire Insurance Companies shall be appropriated to the Fire Department Fund. (Ref
35-106 RS Neb.)
§ 10-503 OCCUPATION TAX; COLLECTION DATE.
All occupation taxes shall be due, and payable on the first (1st) day of May of each year, except in
the event that the said tax is levied daily, and upon the payment thereof by any person or persons to the
Municipal Clerk, the said Clerk shall give a receipt, properly dated, and specifying the person paying
the said tax, and the amount paid; Provided, occupation taxes collected from Class C liquor licensees
shall be due and payable on the first (1st) day of November. The revenue collected shall then be
immediately deposited into the General Fund by the Municipal Treasurer. The Municipal Treasurer shall
keep an accurate account of all revenue turned over to him. All forms, and receipts herein mentioned
shall be issued in duplicate. One (1) copy shall then be kept by each party in the transaction. (Ref
17-525 RS Neb.)
§ 10-504 OCCUPATION TAX; CERTIFICATES.
The receipt issued after the payment of any occupation tax ~shal..l. be .the Occupation Tax Certificate.
The said certificate shall specify the amount of the tax and-the name of the person, and business that paid
the said tax. The Occupation Tax Certificate shall then be displayed in a prominent place, or carried in
such a way as to be easily accessible, while business is being conducted. (Ref 17-525 RS Neb.)
§ 10-505 OCCUPATION TAX; FAILURE TO PAY.
If any person, company, or corporation fails, or neglects to pay the occupation taxes as provided
herein on the day it becomes due, and payable, the Municipality shall then proceed by civil suit to collect
the amount due. All delinquent taxes shall bear interest at the rate of one ( 1 % ) per cent per month until
paid. (Ref 17-525 RS Neb.)
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(4) Any peace officer who has been duly authorized to make arrests for violation of traffic laws of
the state or of ordinances of the Municipality may require any person who operates or has in his or her
actual physical control a motor vehicle in the Municipality to submit to a preliminary test of his or her
breath for alcohol concentration if the officer has reasonable grounds to believe that such person has
alcohol in his or her body, has committed a moving traffic violation, or has been involved in a traffic
accident. Any person who refuses to submit to such preliminary breath test or whose preliminary breath
test results indicated an alcohol concentration in violation of subsection (1) of this section shall be placed
under arrest. Any person who refuses to submit to such preliminary breath test shall be guilty of an
offense.
(5) Any person arrested as provided in this section may, upon the direction of a peace officer, be
required to submit to a chemical test or tests of his or her blood, breath, or urine for a determination of
the concentration of alcohol or the presence of drugs. If the chemical test discloses the presence of a
concentration of alcohol in violation of subsection (1) of this section, or if any person refuses to submit
to such test or tests required pursuant to this section, such person shall be subject to the administrative
revocation procedures provided in section 60-6,205 to 60-6,208 RS Neb., and shall be guilty of an
offense.
(6) Upon the conviction of any person for the violation of this section, there shall be assessed as
part of the court costs the fee charged by any physician or any agency administering tests pursuant to
a permit issued in accordance with section 60-6,201 RS Neb., for the test administered and the analysis
thereof if such test was actually made. (Ref 60-6,196, 60-6,197, 60-6,203 RS Neb.) (Ord. No. 591,
7/12/94HI)
§ 6-344 MISDEMEANORS; FALSE REPORTING.
It shall be unlawful for any person to:
( 1) Furnish material information he or she knows to be false to any peace officer or other official
with the intent to instigate an investigation of an alleged criminal matter or impede the investigation of
an actual criminal matter;
(2) Furnish information he or she knows to be false alleging the existence of the need for the
assistance of an emergency medical service or out-of-hospital emergency care provider or an emergency
in which human life or property are in jeopardy to any hospital, emergency medical service, or other
person or governmental agency;
(3) Furnish any information, or cause such information to be furnished or conveyed by electric,
electronic, telephonic, or mechanical means, knowing the same to be false concerning the need for
assistance of a fire department or any personnel or equipment of such department;
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(4) Furnish any information he or she knows to be false concerning the location of any explosive
in any building or other property to any person;
(5) Furnish material information he or she knows to be false to any governmental department or
agency with the intent to instigate an investigation or to impede an ongoing investigation and which
actually results in causing or impeding such investigation.
A person who violates this section commits the offense of false reporting. (Ref 28-907 RS Neb.)
(Ord. 709, 8111198)
§ 6-345 MISDEMEANORS; CRIMINAL MISCHIEF.
(A) A person commits criminal mischief if he or she:
(1) Damages property of another intentionally or recklessly; or
(2) Intentionally tampers with property of another so as to endanger person or property; or
(3) Intentionally or maliciously causes another to suffer pecuniary loss by deception or threat.
(B) Criminal mischief is an offense:
(1) If the actor intentionally or maliciously causes pecuniary loss of two hundred dollars
($200.00) or more but less than five hundred dollars ($500.00); or
(2) If the actor intentionally, maliciously, or recklessly causes pecuniary loss in an amount of
less than two hundred dollars ($200.00) or if his or her action results in no pecuniary loss. (Ref 28-519
RS Neb.) (Ord. No. 794, 4/8/83)
§ 6-346 MISDEMEANORS; SEX OFFENDER REGISTRATION.
(A) Findings and intent.
(1) The Nebraska Legislature has found that certain sex offenders present a high risk to commit
repeat offenses and has enabled municipalities to restrict such persons' place of residence as provided
in the Sexual Predator Residency Restriction Act.
(2) Sexual offenders who prey on children and who are high risks to repeat such acts present
an extreme threat to public safety. The cost of sex offender victimization to these children and to society
at large, while incalculable, is exorbitant.
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(3) It is the intent of this section to serve the City's compelling interest to promote, protect and
improve the health, safety and welfare of the citizens of the City by creating certain areas around
locations where children regularly congregate in concentrated numbers where certain sex predators
cannot reside.
(B) Definitions. The following words, terms and phrases, when used in this section, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(1) CHILD CARE FACILITY. A facility licensed pursuant to the Child Care Licensing Act.
(2) SCHOOL. A public, private, denominational, or parochial school which meets the
requirements for state accreditation or approval.
(3) RESIDE. To sleep, live, or dwell at a place, which may include more than one location
and may be mobile or transitory.
(4) RESIDENCE. A place where an individual sleeps, lives, or dwells, which may include
more than one location, and may be mobile or transitory.
_..--....,
(5) SEX OFFENDER. An individual who has been convicted of a crime listed in Neb. RS
29-4003 and who is required to register as a sex offender pursuant to the Sex Offender Registration Act.
(6) SEXUAL PREDATOR. An individual who is required to register under the Sex Offender
Registration Act, who has been classified as Level 3 because of a high risk of recidivism as determined
by the Nebraska State Patrol under Neb. RS 29-4013, and who has victimized a person eighteen (18)
years of age or younger.
(C) Sex predator residency restrictions; penalties; and exceptions.
(1) Prohibited location of residence. It is unlawful for any for any sexual predator to reside
within five hundred (500) feet from a school or child care facility.
(2) Measurement of distance. For purposes of determining the minimum distance separation,
the distance shall be measured by following a straight line from the outer property line of the to the
nearest outer property line of a school or child care facility.
(3) Penalties. A person who violates this section shall be punished as provided generally in
the code.
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(4) Exceptions. This section shall not apply to a sexual predator who:
(a) Resides within a prison or correctional or treatment facility operated by the state or a
political subdivision;
(b) Established a residence before July 1, 2006, and has not moved from that residence;
or
(c) Established a residence after July 1, 2006, and the school or child care facility
triggering the restriction was established after the initial date of the sexual predator's residence at that
location. (Ref. 29-4001 - 29-4013 RS Neb.) (Ord. No. 848, 3/14/06; Amended by Ord. No. 852,
7/11/06)
2006 S-9
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ARTICLE 4: PENAL PROVISIONS
§ 6-401 VIOLATION; PENALTY.
(Repealed by Ord. No. 744, 7/11/00)
For penalty provisions, see section 12-101 of Chapter 12.
§ 6-402 ABATEMENT OF NUISANCE.
(Repealed by Ord. No. 744, 7/11/00)
For penalty provisions, see section 12-101 of Chapter 12.
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CHAPTER 7: FIRE REGULATIONS
Article
1.
FIRES
2.
FIRE PREVENTION
3.
PENAL PROVISION
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ARTICLE 1: FIRES
§ 7-101 FIRES; PRESERVATION OF PROPERTY.
The Fire Chief, or any officer in charge of the Fire Department, shall have the authority and power
to cause the removal of property whenever it shall become necessary for the preservation of more
valuable property, the protection of human life, or to prevent the spreading of fire to adjoining property.
The Fire Chief may direct the Municipal Firemen to remove any building, structure, or fence for the
purpose of checking the progress of any fire. The Fire Chief shall have the authority to blow up, or
cause to be blown up, with explosives any building or structure during the progress of a fire for the
purpose of checking the progress of the same.
§ 7-102 FIRES; DISORDERLY SPECTATOR.
It shall be unlawful for any person during the time of a fire and for a period of thirty-six (36) hours
after its extinguishment to hinder, resist or refuse to obey the Municipal Fire Chief, or to act in a noisy
or disorderly manner. The Fire Chief and Assistant Fire Chief shall have the power and authority during
such time to arrest or command any such person to assist them in the performance of their official duties.
(Ref 28-730.01 RS Neb.)
§ 7-103 FIRES; EQUIPMENT.
It shall be unlawful for any person except the Fire Chief and the members of the Municipal Fire
Department to molest, destroy, handle or in any other way to interfere with the use and storage of any
of the fire trucks and other apparatus belonging to the Municipality.
§ 7-104 FIRES; INTERFERENCE.
It shall be unlawful for any person or persons to hinder or obstruct the Municipal Fire Chief or the
members of the Fire Department in the performance of their duty. (Ref. 28-730. 01 RS Neb.)
§ 7-105 FIRES; OBSTRUCTION.
It shall be unlawful for any person to obstruct the use of a fire hydrant, or have or place any material
within fifteen (15) feet of the said hydrant. Any vehicle or material found as an obstruction may be
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.:
immediately removed by the Fire Chief or any member of the Fire Department, at the risk, cost, and
expense of the owner or claimant. (Ref 39-672 RS Neb.)
§ 7-106 FIRES;ASSISTANCE.
It shall be unlawful for any person to refuse, after the command of the Fire Chief or Assistant Fire
Chief, to aid in extinguishing a fire or to assist in the removal and protection of property. (Ref
28-730.0{RS Neb.)
§ 7-107 FIRES; DRIVING OVER HOSE.
It shall be unlawful for any person, without the consent of the Fire Chief or Assistant Fire Chief,
to drive any vehicle over unprotected hose of the Fire Department. (Ref 39-682 RS Neb.)
§ 7-108 FIRES; FALSE ALARM:.
It shall be unlawful for any person to intentionally and without good and reasonable cause raise any
false alarm of fire.
....--...._
ARTICLE 2: FIRE PREVENTION
§ 7-201 FIRE PREVENTION; FIRE PREVENTION CODE.
The rules and regulations promulgated by the office of the State Fire Marshal of the State of
Nebraska relating to fire prevention are incorporated by reference into this Code and made a part of this
Article as though spread at large herein together with all subsequent amendments thereto. Three (3)
copies of the Fire Prevention Code shall be on file with the Municipal Clerk and shall be available for
public inspection at any reasonable time. (Ref 18-132, 19-902, 19-922, 81-502 RS Neb.)
§ 7-202 FIRE PREVENTION; FIRE CODE ENFORCEMENT.
It shall be the duty of all Municipal officials to enforce the incorporated fire code provisions and all
infractions shall be immediately brought to the attention of the Fire Chief.
§ 7-203
FIRE PREVENTION; FIRE LIMITS DEFINED.
The following described territory in the Municipality shall be and constitute the fire limits:
All of Blocks One, Two, Four, Five, original Town of Plainview, all of Block Eight except Lots
13 through 25, and all of Block Nine except Lots 1 through 4 and 17 through 20; in Kimball and Blairs
Addition to Plainview, Nebraska. (Ref 17-550 RS Neb.) (Amended by Ord. No. 732, 3/9/00)
§ 7-204 FIRE PREVENTION; FIRE LIMITS MATERIALS.
Within the aforesaid fire limits, no structure shall 9e built, altered, moved, or enlarged unless such
structure will be enclosed with walls constructed wholly of stone, well-burned brick, terra cotta,
concrete, or other such noncombustible materials as will satisfy the Fire Chief that the said structure will
be reasonably fireproof. (Ref 17-550 RS Neb.)
§ 7-205 FIRE PREVENTION; FIRE PROHIBITED.
It shall be unlawful for any person to set out a fire on the pavement, or near any curb, now built or
hereafter to be built, within the Municipality. (Ref 17-556 RS Neb.)
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§ 7-206 FIRE PREVENTION; FIRES REGULATED.
It shall be lawful to build or set out certain fires; provided, that the person building such fires shall
have the substance to be burned in a fireproof trash burner or incinerator with a metal fireproof screen
of not more than one (1 ") inch mesh, and located at least twenty (20') feet from any building. The
incinerator shall be built in such a way as to not permit the escape of burning paper or other substance.
If any person shall require a fire in the course of his trade as a blacksmith or mechanic, such fire shall
be built and maintained in the manner prescribed by the Fire Chief. All fires shall be built after seven
(7:00) o'clock A.M. and completely extinguished by eight (8:00) o'clock P.M., except the aforesaid fires
used in the course of a trade which shall be allowed during such hours as the Fire Chief shall prescribe.
It shall be unlawful for any person to set fire to, burn, or cause to be burned any garbage, animal matter,
or vegetable matter. The burning of straw, hay, leaves, or brush in the open air is hereby permitted and
allowed; provided, that the person setting out the same request permission and receive an open burning
permit in writing, signed by the local Fire Chief, on a form provided by the State Fire Marshal; and
provided further, that any such burning shall be done while the said fire is attended by the person setting
out the same at all times, and further provided that the said fire shall be located at least twenty (20') feet
from any building. (Ref 17-549, 17-556, 81-520.01 RS Neb.) (Amended by Ord. No. 399, 9/14/92)
§ 7-207 FIRE PREVENTION; OPEN BURNING BAN, WAIVER.
(A) There shall be an open burning ban on all bonfires, outdoor rubbish fires, and fires for the
purpose of clearing land.
(B) The Fire Chief may waive an open burning ban under division (A) of this section for an area
under the municipal Fire Department's jurisdiction by issuing an open burning permit to a person
requesting permission to conduct open burning. The permit issued by the Fire Chief to a person desiring
to conduct open burning shall be in writing, signed by the Fire Chief, and on a form provided by the
State Fire Marshal.
(C) The Fire Chief may waive the open burning ban in the municipal Fire Department's jurisdiction
when conditions are acceptable to the Chief. Anyone intending to· bum in that jurisdiction when the open
burning ban has been waived shall notify the Fire Chief of his or her .intention to burn prior to starting
the burn.
(D) The Fire Chief may adopt standards listing the conditions acceptable for issuing a permit to
conduct open burning under division (B) of this section.
(E) The Fire Department may charge a fee not to exceed ten dollars ($10.00) for each such permit
issued. This fee shall be remitted to the governing body for inclusion in the general funds allocated to
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the Fire Department. These funds shall not reduce the tax requirements for the Fire Department. No
such fee shall be collected from any state or political subdivision to which such a permit is issued to
conduct open burning under division (B) of this section in the course of that state's or political
subdivision's official duties. (Ref 81-520.01 RS Neb.) (Ord. No. 359, 10/13/80) (Amended by Ord.
Nos. 398, 9/14/82;612, 2/14/95; 7-207, 5/8/12)
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ARTICLE 3: PENAL PROVISION
§ 7-301 VIOLATION; PENALTY.
(Repealed by Ord. No. 744, 7/11/00)
For penalty provisions, see section 12-101 of Chapter 12.
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CHAPTER 8: PUBLIC WAYS AND PROPERTY
Article
1.
MUNICIPAL PROPERTY
2.
SIDEWALKS
3.
STREETS
4.
CURB AND GUTTER
5.
PENAL PROVISION
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ARTICLE 1: MUNICIPAL PROPERTY
§ 8-101 DEFINITIONS.
The following definitions shall be applied throughout this Chapter. When no definition is specified,
the normal dictionary usage of the word shall apply.
SIDEWALK SPACE. The term "sidewalk space," as used herein, shall mean that portion of a street
between curb lines and adjacent property lines.
§ 8-102 MUNICIPAL PROPERTY; MAINTENANCE AND CONTROL.
The Governing Body shall have the care, supervision, and control of all public highways, bridges,
streets, alleys, public squares, and commons within the Municipality, and shall cause the same to be kept
open and in repair, and free from nuisances. (Ref I 7-567 RS Neb.)
§ 8-103 MUNICIPAL PROPERTY; SALE AND CONVEYANCE OF REAL PROPERTY.
(A) Except as provided in division (G) of this section, the power of the city to convey any real property
owned by it, including land used for park purposes and public squares, except real property used in the
operation of public utilities, shall be exercised by resolution, directing the sale at public auction or by
sealed bid of such property and the manner and terms thereof, except that such property shall not be sold
at public auction or by sealed bid when:
(1) Such property is being sold in compliance with the requirements of federal or state grants or
programs;
(2) Such property is being conveyed to another public agency; or
(3) Such property consists of streets and alleys.
(B) The City Council may establish a minimum price for real property at which bidding shall begin
or shall serve as a minimum for a sealed bid.
(C) After the passage of the resolution directing the sale, notice of all proposed sales of property
described in division (A) of this section and the terms thereof shall be published once each week for three
consecutive weeks in a legal newspaper published in or of general circulation in the City.
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(D) (1) If within thirty (30) days after the third publication of the notice a remonstrance against such
sale is signed by registered voters of the City equal in number to 30% of the registered voters of the city
voting at the last regular municipal election held therein and is filed with the City Council, such property
shall not then, nor within one year thereafter, be sold. If the date for filing the remonstrance falls upon a
Saturday, Sunday, or legal holiday, the signatures shall be collected within the 30-day period, but the filing
shall be considered timely if filed or postmarked on or before the next business day.
(2) Upon the receipt of the remonstrance, the City Council, with the aid and assistance of the
Election Commissioner or County Clerk, shall determine the validity and sufficiency of signatures on the
remonstrance. The City Council shall deliver the remonstrance to the Election Commissioner or County
Clerk by hand carrier, by use of law enforcement officials, or by certified mail, return receipt requested.
(3) Upon receipt of the remonstrance, the Election Commissioner or County Clerk shall issue to
the City Council a written receipt that the remonstrance is in the custody of the Election Commissioner or
County Clerk. The Election Commissioner or County Clerk shall compare the signature of each person
signing the remonstrance with the voter registration records to determine if each signer was a registered
voter on or before the date on which the remonstrance was filed with the City Council. The Election
Commissioner or County Clerk shall also compare the signer's printed name, street and number or voting
precinct, and city or post office address with the voter registration records to determine whether the signer
was a registered voter. The signature and address shall be presumed to be valid only if the Election
Commissioner or County Clerk determines that the printed name, street and number or voting precinct, and
city or post office address matches the registration records and that the registration was received on or
before the date on which the remonstrance was filed with the City Council. The determinations of the
Election Commissioner or County Clerk may be rebutted by any credible evidence which the City Council
finds sufficient. The express purpose of the comparison of names and addresses with the voter registration
records, in addition to helping to determine the validity of the remonstrance, the sufficiency of the
remonstrance, and the qualifications of the signer, shall be to prevent fraud, deception, and
misrepresentation in the remonstrance process.
(4) Upon completion of the comparison of names and addresses with the voter registration
records, the Election Commissioner or County Clerk shall prepare in writing a certification under seal
setting forth the name and address of each signer found not to be a registered voter and the signature page
number and line number where the name is found, and if the reason for the invalidity of the signature or
address is other than the non-registration of the signer, the Election Commissioner or County Clerk shall
set forth the reason for the invalidity of the signature. If the Election Commissioner or County Clerk
determines that a signer has affixed his or her signature more than once to the remonstrance and that only
one person is registered by that name, the Election Commissioner or County Clerk shall prepare in writing
a certification under seal setting forth the name of the duplicate signature and shall count only the earliest
dated signature.
(5) The Election Commissioner or County Clerk shall certify to the City Council the number of
valid signatures necessary to constitute a valid remonstrance. The Election Commissioner or County Clerk
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shall deliver the remonstrance and the certifications to the City Council within 40 days after the receipt
of the remonstrance from the City Council. The delivery shall be by hand carrier, by use of law
enforcement officials, or by certified mail, return receipt requested. Not more than twenty (20)
signatures on one signature page shall be counted.
(6) The City Council shall, within thirty (30) days after the receipt of the remonstrance and
certifications from the Election Commissioner or County Clerk, hold a public hearing to review the
remonstrance and certifications and receive testimony regarding them. The City Council shall, following
the hearing, vote on whether or not the remonstrance is valid and shall uphold the remonstrance if
sufficient valid signatures have been received.
(E) Real estate now owned or hereafter owned by the city may be conveyed without consideration
to the State of Nebraska for state armory sites or, if acquired for state armory sites, shall be conveyed
strictly in accordance with the conditions of section 18-1001 to 18-1006.
(F) Following (1) passage of the resolution directing a sale, (2) publishing of the notice of the
proposed sale, and (3) passing of the 30-day right-of-remonstrance period, the property shall then be
sold. Such sale shall be confirmed by passage of an ordinance stating the name of the purchaser and
terms of the sale. (Ref 17-503 RS Neb.)
(G) Divisions (A) through (F) of this section shall not apply to the sale of real property if the
authorizing resolution directs the sale of real property, the total fair market value of which is less than
$5, 000. Following passage of the resolution directing the sale of the property, notice of the sale shall
be posted in three prominent places within the City for a period of not less than seven (7) days prior to
the sale of the property. The notice shall give a general description of the property offered for sale and
state the terms and conditions of sale. Confirmation of the sale by passage of an ordinance may be
required. (Ref 17-503.01 RS Neb.) (Amended by Ord. Nos. 402, 9/14/82;592, 7/12/94;652, 2/13/96;
710, 8/11/98; 817, 3/9/04)
§ 8-103.01 MUNICIPAL PROPERTY;SALE AND CONVEYANCE OF PERSONAL
PROPERTY.
(A) The power of the City to convey any personal property owned by it shall be exercised by
resolution directing the sale and the manner and terms of the sale. Following passage of the resolution
directing the sale of the property, notice of the sale shall be posted in three (3) prominent places within
the city for a period of not less than seven (7) days prior to the sale of the property. If the fair market
value of the property is greater than $5000, notice of the sale shall also be published once in a legal
newspaper published in or of general circulation in the City at least seven (7) days prior to the sale of
the property. The notice shall give a general description of the property offered for sale and state the
terms and conditions of sale.
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(B) Personal property may be conveyed notwithstanding the procedure in subsection (A) above
when:
(1) Such property is being sold in compliance with the requirements of federal or state grants
or programs; or
(2) Such property is being conveyed to another public agency. (Ref. 17-503.02 RS Neb.)
§ 8-104 MUNICIPAL PROPERTY; OBSTRUCTIONS.
Trees and shrubs, growing upon, or near, the lot line, or upon public ground and interfering with
the use, or construction of any public improvements shall be deemed an obstruction under this Article.
Said trees, shrubs and their roots may be removed by the Municipality at the expense of the owner of
the property upon which the tree or shrub is located should the owner fail, or neglect, after notice, to
do so. It shall be unlawful for any person, persons, firm, or corporation to obstruct, or encumber, by
fences, gates, buildings, structures, or otherwise, any of the streets, alleys, or sidewalks. (Ref.
17-557.01 RS Neb.)
§ 8-105 MUNICIPAL PROPERTY; PERMITTED OBSTRUCTIONS.
Persons engaged in the erection, construction, reconstruction, wrecking, or repairing of any
building, or the construction, or repair, of a sidewalk along any street, may occupy the public street
space with such building material and equipment as long as is necessary if such persons shall make
application to and receive a permit in writing from the City Administrator to do so; provided, no permit
for the occupancy of the sidewalk space, and more than one-third (1/3) of the roadway of the public
space adjacent to the real estate on which said building is to be constructed, erected, reconstructed,
wrecked, or repaired shall be granted; and provided further, a suitable passageway for pedestrians shall
be maintained within the public space included in the permit which shall be protected and lighted in the
manner required by the City Administrator issuing the permit.
§ 8-106 MUNICIPAL PROPERTY; WEEDS.
It is hereby the duty of the City Administrator or his duly authorized agent to view and inspect the
sidewalk space within the corporate limits for growing weeds during the growing season, and if rank and
noxious weeds are found growing thereon, he shall notify the owner or occupant thereof, to cut down
such weeds as close to the ground as can be practicably done and keep the weeds cut thereon in like
manner during the growing season for weeds. In the event that the owner of any lot or parcel of land
within the Municipality is a nonresident of the Municipality or cannot be found therein the notice may
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be given to any person having the care, custody, or control of such lot or parcel of land. In the event
that there can be found no one within the Municipality to whom notice can be given, it shall be
the duty of the City Administrator or his agent to post a copy of the notice on the premise and then to
cut or cause the weeds thereon to be cut as therein provided and report the cost thereof in writing
to the Governing Body. The cost shall then be audited and paid by the Municipality and the amount
thereof shall be assessed against the lot or parcel of land as a special tax thereon and shall be
collected as are other taxes of the Municipality or may be recovered by civil suit brought by the
Municipality against the owner of the parcel of land. In the event the property owner is a
nonresident of the county in which the property lies, the Municipality shall, before levying any
special assessment against that property, send a copy of any notice required by law to be
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published by means of certified mail, return receipt requested to the last known address of the
nonresident 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.
§ 8-107 MUNICIPAL PROPERTY; ACQUISITION OF PROPERTY; CONSTRUCTION;
ELECTIONS,WHEN REQUIRED.
(1) The Municipality is authorized and empowered to (a) purchase, (b) accept by gift or devise, (c)
purchase real estate upon which to erect, and (d) erect a building or buildings for an auditorium, fire
station, Municipal building, or community house for housing Municipal enterprises and social and
recreation purposes, and other public buildings, and maintain, manage, and operate the same for the
benefit of the inhabitants of the Municipality.
(2) Except as provided in subsection (3) of this section, before any such purchase can be made or
building erected, the question shall be submitted to the electors of the Municipality at a general
Municipal election or at an election duly called for that purpose, or as set forth in section 17-954 RS
Neb., and be adopted by a majority of the electors voting on such question.
(3) If the funds to be used to finance the purchase or construction of a building pursuant to this
section are available other than through a bond issue, then either:
(a) Notice of the proposed purchase or construction shall be published in a newspaper of general
circulation in the Municipality and no election shall be required to approve the purchase or construction
unless within thirty (30) days after the publication of the notice, a remonstrance against the purchase or
construction is signed by registered voters of the Municipality equal in number to fifteen percent (15 % )
of the registered voters of the Municipality voting at the last regular Municipal election held therein and
is filed with the Governing Body. If the date for filing the remonstrance falls upon a Saturday, Sunday,
or legal holiday, the signatures shall be considered timely if filed or postmarked on or before the next
business day. If a remonstrance with the necessary number of qualified signatures is timely filed, the
question shall be submitted to the voters of the Municipality at a general Municipal election or a special
election duly called for that purpose. If the purchase. or, construction is not approved, the property
involved shall not then, nor within one (1) year following the election, be purchased or constructed; or
(b) The Governing Body may proceed without providing the notice and right of remonstrance
required in subdivision (a) of this subsection if the property can be purchased below the fair market value
as determined by an appraisal, there is a willing seller, and the purchase price is less than twenty-five
thousand dollars ($25,000.00). The purchase shall be approved by the Governing Body after notice and
public hearing as provided in section 18-1755 RS Neb. (Ref 17-953, 17-953.01 RS Neb.) (Ord. No.
386, 12/8/81) (Amended by Ord. No. 653, 2/13/96)
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§ 8-108 MUNICIPAL PROPERTY; SPECIAL IMPROVEMENT DISTRICT; ASSESSMENT AND
CREATION PROCEDURE.
The Municipality's Governing Body may, by ordinance, create a special improvement district for
the purpose of replacing, reconstructing, or repairing an existing street, alley, water line, sewer line,
or any other such improvement.
Except as provided in sections 19-2428 to 19-2431 RS Neb., the Governing Body shall have power
to assess, to the extent of such benefits, the costs of such improvements upon the properties found
especially benefited thereby, whether or not such properties were previously assessed for the same
general purpose. In creating such special improvement district, the Governing Body shall follow
procedures applicable to the creation and assessment of the same type of improvement district as
otherwise provided by law. (Ref 18-1751 RS Neb.) (Ord. No. 478, 9/8/87)
§ 8-109 MUNICIPAL PROPERTY; IMPROVEMENT DISTRICT; LAND ADJACENT.
Supplemental to any existing law on the subject, a Municipality may include land adjacent to such
Municipality when creating an improvement district, such as a sewer, paving, water, water extension,
or sanitary sewer extension district. The Governing Body shall have power to assess, to the extent of
special benefits, the costs of such improvements upon the properties found especially benefited thereby,
except as provided in sections 8-316. (Ref 19-2427 RS Neb.) (Ord. No. 479, 9/8/87)
§ 8-110 MUNICIPAL PROPERTY;
ACQUISITION OF REAL PROPERTY; ACCESS FOR
RECREATIONAL USE.
(A) The City shall acquire an interest in real property by purchase or eminent domain only after the
Governing Body has authorized the acquisition by action taken in a public meeting after notice and public
hearing.
(B) The City shall provide to the public a right of access for recreational use to real property
acquired for public recreational purposes. Such access shall be at designated access points and shall be
equal to the right of access for recreational use held by adjacent landowners. The right of access granted
to the public for recreational use shall meet or exceed such right held by a private landowner adjacent
to the real property. (Ref 18-1755 RS Neb.) (Ord. No. 613, 2/14/95)
§ 8-111 MUNICIPAL PROPERTY; ACQUISITION OF PROPERTY; APPRAISAL.
Notwithstanding any other provision of law, the Municipality shall not purchase, lease-purchase,
or acquire for consideration real property having an estimated value of one hundred thousand dollars
($100,000.00) or more unless an appraisal of such property has been performed by a certified real
property appraiser. (Ref 13-403 RS Neb.) (Ord. No. 614, 2/14/95)
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§ 8-112 MUNICIPAL PROPERTY; PUBLIC WORKS INVOLVING ARCHITECTURE OR
ENGINEERING; REQUIREMENTS.
(A) (1) Except as otherwise provided in this section and sections 81-3449 and 81-3453 RS Neb.,
the Municipality shall not engage in the construction of any public works involving architecture or
engineering unless the plans, specifications, and estimates have been prepared and the construction has
been observed by an architect, a professional engineer, or a person under the direct supervision of an
architect, professional engineer, or those under the direct supervision of an architect or professional
engineer.
(2) This division (A) shall not apply to any public work in which the contemplated expenditure
for the complete project does not exceed one hundred thousand dollars ($100,000) or the adjusted dollar
amount set by the Board of Engineers and Architects. (Ref 81-3445 RS Neb.)
(B) The provisions of division (A) of this section regulating the practice of architecture do not apply
to the following activities or the other activities specified in section 81-3449 RS Neb.:
(2) A public service provider who employs a design professional performing professional
services for itself;
(3) The practice of any other certified trade or legally recognized profession;
(4) Earthmoving and related work associated with soil and water conservation practices
performed any land owned by the Municipality that is not subject to a permit from the Department of
Natural Resources; and
(5) The work of employees and agents of the Municipality performing, in accordance with
other requirements of law, their customary duties in the administration and enforcement of codes, permit
programs, and land-use regulations and their customary duties in utility and public works construction,
operation, and maintenance. (Ref 81-3449 RS Neb.)
(C) The provisions of division (A) of this section regulating the practice of engineering do not apply
to the following activities, the activities specified in division (B) of this section, or the other activities
specified in section 81-3453 RS Neb. :
(1) Those services ordinarily performed by subordinates under direct supervision of a
professional engineer or those commonly designated as locomotive, stationary, marine operating
engineers, power plant operating engineers, or manufacturers who supervise the operation of or operate
machinery or equipment or who supervise construction within their own plant; and
(2) The construction of water wells as defined in section 46-1212 RS Neb., the installation of
pumps and pumping equipment into water wells, and the decommissioning of water wells, unless such
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construction, installation, or decommissioning is required by the Municipality to be designed or
supervised by an engineer or unless legal requirements are imposed upon the Municipality as a part of
a public water supply. (Ref 81-3453 RS Neb.)
(D) For the purpose of this section, the Municipality is considered a public service provider if it
appoints a Municipal Engineer or employs a full-time person licensed under the Engineers and Architects
Regulation Act who is in responsible charge of architectural or engineering work. (Ref 81-3423 RS
Neb.) (Ord. No. 711, 8/11/98) (Amended by Ord. Nos. 743, 7/11/00; 835, 218105; 8-112, 5/8/12)
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ARTICLE 2: SIDEWALKS
§ 8-201 SIDEWALKS; OVERHANGING BRANCHES.
The owner or occupant of any lot, piece, or parcel of ground abutting or adjacent to any street or
sidewalk over which there extends the branches of trees shall at all times keep the branches or limbs
thereof trimmed to the height of at least ten feet (10') above the surface of said street or walk. Whenever
the limbs or branches of any tree or trees extend over streets or sidewalks contrary to the provisions
herein so as to interfere with the lighting of the street from street lights, or with the convenience of the
public using said street or sidewalk, the Governing Body at any regular or special meeting may pass a
resolution ordering the owner or occupant to cut or remove said obstructions within five (5) days after
having received a copy thereof from the City Administrator stating that the Municipality will remove said
branches and charge the costs thereof to the owner or occupant as a special assessment for improvements
as herein provided, if said resolution is not complied with. In the event the property owner is a
nonresident of the county in which the property lies, the Municipality shall, before levying any special
assessment against that property, send a copy of any notice required by law to be published by means
of certified mail, return receipt requested to the last known address of the nonresident 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. (Ref. 17-557.01 RS Neb.)
§ 8-202 SIDEWALKS; KEPT CLEAN.
It shall be unlawful for the occupant of any lot or lots or the owner of any vacant lot or lots within
the corporate limits to allow snow, sleet, mud, ice, or other substance to accumulate on the sidewalks
or to permit any snow, sleet, ice, mud, or other substance to remain upon said sidewalk. All sidewalks
within the business district shall be cleaned within five (5) hours after the cessation of a storm, unless
the storm or fall of snow shall have taken place during the night, in which case the sidewalk shall be
cleaned before ten (10:00) o'clock A.M. the following d,.ay. . (Ref -17-557 RS Neb.)
§ 8-202.01 SIDEWALKS; FAILURE TO KEEP CLEAN; ASSESSMENT OF COST.
When a property owner or occupant within the Municipality has failed to remove accumulated snow,
sleet, mud, ice or other substance from an abutting sidewalk as required by section 8-202 of this Article,
it shall be discretionary by the Municipality to remove such accumulations, or hire the same to be done,
and to assess the cost of such removal against the abutting property owner or occupant as required by
law. (Ref 17-557, 17-557.01 RS Neb.) (Ord. No. 309, 3/13/78)
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§ 8-203 SIDEWALKS;
MAINTENANCE.
(Repealed by Ord. No. 836, 2/8/05)
§ 8-204 SIDEWALKS; REPAIR.
(A) Mayor and City Council may construct and repair sidewalks, or cause the construction and
repair of sidewalks in such manner as the Mayor and City Council deem necessary and assess the
expense thereof on the property in front of which such construction or repairs are made, after having
given notice:
(1) By publication in one (1) issue of a legal newspaper of general circulation in the
Municipality; and
(2) By either causing a written notice to be served upon the occupant in possession of the
property involved or to be posted upon such premises ten (10) days prior to the commencement of such
repair or construction. (Ref 17-522 RS Neb.)
(B) The notice shall:
(1) State that the Governing Body has ordered repair of the sidewalk;
(2) Contain the municipality's estimate of the cost of the repair;
(3) Notify the property owner that he or she may, within ten (10) days after the date of
publication of the notice, notify the Municipality that he or she will repair the sidewalk within thirty (30)
days after such date of publication;
(4) Notify the property owner that if he or she fails to so notify the Municipality within the ten
( 10) days or, having so notified the municipality, fails to repair the sidewalk within the thirty (30) days,
the Municipality will cause the sidewalk to be repaired and the expense thereof to be assessed against
the property.
(C) (1) Before the Municipality imposes any special asse~sments_for sidewalk repair, a copy of the
notice that is required to be published shall be mailed to the last-known address of all nonresident property
owners as shown on the current tax rolls at the time such notice is first published. (Ref 13-310
RS Neb.)
(2) The Municipal Clerk shall mail the notice by certified mail with return receipt requested.
(Ref 13-312 RS Neb.)
(3) For purposes of this division, nonresident property owner means any person or corporation
whose residence and mailing address as shown on the current tax rolls is outside the boundaries of the
county in which the property subject to assessment is located and who is a record owner of the property.
(Ref 13-314 RS Neb.)
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(D) All sidewalks shall be repaired in conformity with such plans and specifications as may be
approved by the Governing Body.
(E) Assessments made under this section shall be made and assessed in the manner provided in section
17-524 RS Neb. (Amended by Ord. No. 836, 2/8/85)
§ 8-205 SIDEWALKS; CONSTRUCTION BY OWNER.
Any person desiring to construct, or cause to be constructed, any sidewalk shall do so only as herein
provided. It shall be unlawful for any person to construct any sidewalk without first having obtained a
permit.
Said owner shall make application in writing for a permit and file such application in the office
of the City Administrator. The permit shall give a description of the lot, or piece of land along which
the sidewalk is to be constructed. The City Administrator shall issue the desired permit unless good
cause shall appear why said permit should be denied; provided, if it is desired to construct the sidewalk
at any other than the regularly prescribed location, grade, or elevation, the City Administrator shall submit
the application to the Governing Body who shall determine whether the permit should be granted or
denied. It shall be unlawful for any person to construct, or cause to be constructed said sidewalk at any
other location, grade, or elevation than so designated by the Municipality. All sidewalks shall be built and
constructed on the established grade, or elevation, and if there is no established grade, then on the grade
or elevation indicated by the City Administrator.
§ 8-206 SIDEWALKS; MUNICIPAL CONSTRUCTION.
The Governing Body may, by resolution, order the construction of a sidewalk on any lot or piece of
ground within the Municipality. Notice of the Governing Body's intention to construct said sidewalk shall
be given by the Municipal Clerk by publication of notice one (1) time in a legal newspaper of general
circulation in the Municipality.
A copy of said notice shall be personally served upon the occupant in possession of such property, or,
when personal service is not possible, said notice shall b:e posted upon such premise ten (10) days prior to
the commencement of construction. The notice required in this section shall be prepared by the Municipal
Attorney in accordance with the provisions of this section. Such service shall include a form of return
evidencing personal service or posting as herein required.
Said notice shall notify the owner of the premise of the passage of the resolution ordering him to
construct or cause to be constructed a sidewalk within thirty (30) days after the date of publication and
further that if he fails to construct the sidewalk or cause the same to be done within the time allowed, the
Municipality will cause the sidewalk to be constructed and the cost thereof shall be levied and assessed as
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a special tax against the premise; provided, the notice shall contain the official estimate of the cost of said
construction and no special assessment in excess of this estimate shall be assessed against the property. In
the event the property owner is a nonresident of the county in which the property lies, the Municipality
shall, before levying any special assessment against that property, send a copy of any notice required by
law to be published by means of certified mail, return receipt requested to the last known address of the
nonresident 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. (Ref 17-522, 17-523 RS Neb.)
§ 8-207 SIDEWALKS; CONSTRUCTION BIDS.
Whenever the Municipality shall construct, widen, replace, or reconstruct any sidewalk, notice
prepared by the Municipal Attorney, specifying the work to be done and calling for bids for doing such
work and supplying the necessary materials and labor shall be published in at least one (1) issue of a legal
newspaper of general circulation in the Municipality; provided, bids so invited shall be filed in the office
of the Municipal Clerk within ten (10) days after the date of publication. Bids shall be opened at the next
regular or special meeting of the Governing Body, and the Governing Body shall then award the work to
the lowest responsible bidder. Upon approval of the work, the Governing Body may require the contractor
to accept payment in certificates issued to him by the Municipal Clerk entitling him to all assessments or
special taxes, against such real estate whenever such assessments or special taxes, shall be collected
together with the interest or penalty collected thereon. Each certificate shall give the legal description of
the lot, lots, or parcel of ground against which the assessments or special taxes are assessed. Such
certificate or certificates may be assigned and transferred, entitling the holder to the same rights as if held
by the original contractor. The County Treasurer shall pay over to such contractor or other holder of the
certificate or certificates all assessments or special taxes against such real estate, together with the interest
and penalty thereon, at any time upon presentation of such certificate or certificates after said assessments
or special taxes against such real estate together with interest or penalty thereon shall have been collected.
§ 8-208 SIDEWALKS; CONSTRUCTION BY PETITION.
If the owners of the record title representing more than sixty (60%) percent of the front footage of the
directly abutting property, subject to assessment for sidewalk improvements, petition the Governing Body
to make the same, the Governing Body shall proceed in all things as though such construction had been
ordered by it. Upon the petition of any freeholder who is an abutting owner in fee simple of property
subject to assessment for sidewalk improvements, the Governing Body may order permanent sidewalks
built in accordance with this Article upon the freeholder making, executing, and delivering to the
Municipality an agreement to the effect that the petitioning freeholder will pay the engineering service fee
and all other incidental construction costs until paid shall be a perpetual lien upon the real estate along
which the freeholder desires such sidewalk to be constructed and that the petitioner gives and grants to the
Municipality the right to assess and levy the costs of such construction against the freeholder's real estate
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abutting the sidewalk improvement and promises to pay such costs with interest. The total cost of such
improvement shall be levied, allocated, :financed, and specially assessed as provided by law. In the event
the property owner is a nonresident of the county in which the property lies, the Municipality shall, before
levying any special assessment against that property, send a copy of any notice required by law to be
published by means of certified mail, return receipt requested to the last known address of the nonresident
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. (Amended by Ord No. 336, 11/12/79)
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ARTICLE
3: STREETS
§ 8-301 STREETS; NAMES AND NUMBERS.
The Governing Body may at any time, by ordinance, rename any street or provide a name for any
new street. Buildings used for residence or business purposes and located along such streets shall retain
such numbers as the Governing Body may require. It shall be the duty of the Municipal official in
charge of streets, upon the erection of any new building or buildings to assign the proper numbers to said
building or buildings and give notice to the owner or owners and occupant or occupants of the same.
§ 8-302 STREETS; OPENING, WIDENING, IMPROVING,
.~
OR VACATING.
(A) (1) The Municipality shall have power to open, widen, or otherwise improve or vacate any
street, avenue, alley, or lane within the limits of the Municipality and also to create, open, and improve
any new street, avenue, alley, or lane. All damages sustained by the citizens of the Municipality, or by
the owners of the property therein, shall be ascertained in such manner as shall be provided by
ordinance.
(2) Whenever any street or alley is vacated, the same shall revert to the owners of the abutting
real estate, one-half on each side thereof and become a part of such property, unless the City reserves
title in the ordinance vacating such street of alley. If the title is retained by the city, such property may
be sold, conveyed, exchanged, or leased upon such terms and conditions as shall be deemed in the best
interests of the City.
(3) When a portion of a street, avenue, alley, or lane is vacated only on one side of the center
thereof, the title to such land shall vest in the owner of the abutting property and become a part of such
property, unless the City reserves title in the ordinance vacating such street of alley. If the title is
retained by the city, such property may be sold, conveyed, exchanged, or leased upon such terms and
conditions as shall be deemed in the best interests of the' City.
(4) When the Municipality vacates all or any portion of a street, avenue, alley, or lane, the
Municipality shall, within thirty (30) days after the effective date of the vacation, file a certified copy
of the vacating ordinance with the Register of Deeds for the county in which the vacated property is
located to be indexed against all affected lots.
(5) The title to property vacated pursuant to this section shall be subject to the following:
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(a) There is reserved to the City the right to maintain, operate, repair and renew public
utilities existing at the time title to the property is vacated there; and
(b) There is reserved to the City, any public utilities, and any cable television systems the
right to maintain, repair, renew and operate water mains, gas mains, pole lines, conduits, electrical
transmission lines, sound and signal transmission lines, and other similar services and equipment and
appurtenances, including lateral connections or branch lines, on, or below the surface of the ground that
are existing as valid easements at the time title to the property is vacated for the purposes of serving the
general public or the abutting properties and to enter upon the premises to accomplish such purposes at
any and all reasonable times. (Ref 17-558 RS Neb.)
(B) The Municipality shall have power to create, open, widen, or extend any street, avenue, alley,
off-street parking area, or other public way, or annul, vacate, or discontinue the same. (Ref 17-559 RS
Neb.) (Amended by Ord. No. 777, 6/11/02)
§ 8-303 STREETS; EXCAVATION.
It shall be unlawful for any person to make an excavation in any street or streets for any purpose
whatsoever unless a written permit is issued by the chief Municipal street official authorizing such
excavations. (Ref 17-567 RS Neb.)
§ 8-304 STREETS; DRIVING STAKES.
It shall be unlawful for any person to drive any peg or stake of any kind into the pavement in any
street or alley without first procuring the written consent of the City Administrator.
§ 8-305 STREETS; MIXING CONCRETE.
It shall be unlawful for any person to mix any concrete or plastering material directly on the street
pavement for any reason whatsoever.
'
§ 8-306 STREETS; HARMFUL LIQUIDS.
It shall be unlawful for any person to place or permit to leak in the gutter of any street, waste
gasoline, kerosene, or high lubricating oils, which damage or act as a solvent upon said streets.
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§ 8-307 STREETS; EAVE AND GUTTER SPOUTS.
It is hereby declared unlawful for any person to erect or maintain any dwelling house or business
building within the limits of the Municipality where the said dwelling or building abuts on any sidewalk
or street without providing proper guttering and eave spouts to receive the waste waters that collect on
the said sidewalks and streets. All eave spouts erected on any dwelling house or business building shall
be constructed to drain into the alleys, or shall be buried beneath the sidewalks and drain into the streets
where it is found to be impossible to drain said eave spouts into the alley.
§ 8-308 STREETS; CONSTRUCTION NOTICE.
The City Administrator shall notify the owners in fee simple of real estate abutting a street, alley,
or a part thereof which is to be put under contract for paving or repaving. Notice shall also be given to
all gas, electric service, and telephone companies. Notice shall also be given to all consumers of gas,
water, and sewer services which will be discontinued during such construction. Said notice shall be
published one (1) time in a legal newspaper at least twenty (20) days prior to the beginning of such
construction by the party undertaking such construction and said notice shall state at what date
connections must be made and excavation completed.
All gas, water, sewer, and underground
connections must be made prior to the paving or repaving of the street under construction. After
expiration of such time, permits for excavation will not be issued, nor will excavation be allowed, until
after the completion of the pavement in said street or alley, and the formal final acceptance thereof by
the proper officials of the Municipality.
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§ 8-309 STREETS; PIPE LINES AND WIRES.
_,.-.....
Poles, wires, gas mains, pipe lines, and other appurtenances of public service companies shall be
located, or erected over, upon, or under the streets, alleys, and common grounds of the Municipality.
Application for location of the above shall be made to the Governing Body in writing. Approval by that
body shall be issued in writing. Any public service company granted a right-of-way for the erection and
maintenance of poles, conduits, gas mains, pipe lines, and wires shall at all times erect and locate their
poles, wires, gas mains, pipe lines, and other appurtenances at such places and in such manner as shall
be designated by the Governing Body. Such poles, wires, gas mains, pipe lines, and other
appurtenances, shall be removed or relocated by said companies at their own expense when requested
to do so by the Governing Body. Any such relocation shall be ordered by resolution of the Governing
Body and the Municipal Clerk shall notify any and all companies affected. Said companies shall, within
twenty-four (24) hours after receiving notice, at their own expense, cause the poles, wires, gas mains,
pipe lines, or other appurtenances to be removed. The Governing Body shall designate another location
as closely as possible where said poles, wires, gas mains, pipe lines, or other appurtenances, may be
reset or placed. All poles, wires, gas mains, pipe lines, or other appurtenances, shall be reset, placed,
or erected in such a manner that they will not interfere with the water system; sewerage system; poles,
wires, and mains of any public utility; adjacent buildings; or with travel on the public ways and
property. Whenever possible, all pole lines, wires, gas mains, pipe lines, or appurtenances shall be
confined to the alleys of the Municipality.
§ 8-310 STREETS; CONSTRUCTION ASSESSMENT.
To defray the costs and expenses of street improvements, as may be authorized by law, the
Governing Body shall have power and authority to levy and collect special taxes and assessments upon
the lots and pieces of ground adjacent to, abutting upon, or especially benefiting from, the street,
avenue, alley, or sidewalk in whole or in part opened, widened, curbed, curbed and guttered, graded,
paved, repaired, graveled, macadamized, parked, extended, constructed, or otherwise improved or
repaired. The Governing Body sitting as the Board of Equalization shall review all such improvements
in accordance with the procedure provided by law. All special assessments shall be made by the
Governing Body at a regular or special meeting by resolution, taking into account the benefits derived
or injuries sustained in consequence of such improvements and the amount charged against same. The
vote shall be recorded in the minutes. Notice of the time of holding such meeting and the purpose for
which it is to be held shall be published in some legal newspaper published, or of general circulation,
in the Municipality at least four (4) weeks before the same shall be held. In lieu of such aforementioned
notice, personal service may be had upon the persons owning or occupying the property to be assessed.
Such assessments shall be known as ' 'special assessments for improvements' ' and with the cost of notice
shall be levied and collected as a special tax in addition to the taxes for general revenue purposes,
subject to the same penalties and collected in like manner as other Municipal taxes and shall be certified
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to the County Clerk by the Municipal Clerk forthwith after the date of levy, for collection by the
Treasurer of said County unless otherwise specified. After it shall become delinquent said assessment
shall draw interest at the legal interest rate per annum. In the event the property owner is a non-resident
of the county in which the property lies, the Municipality shall, before levying any special assessment
against that property, send a copy of any notice required by law to be published by means of certified
mail, return receipt requested to the last known address of the non-resident property owner. The last
known address shall be that address listed on the current tax rolls at the time such required notice was
first published. (Ref 17-511, 17-524 RS Neb.)
§ 8-311 STREETS; UNLAWFUL DEPOSIT OF SNOW.
It shall be unlawful for any person, after clearing snow from any parking lot, driveway, or other
private property, to deposit said snow on any Municipal street or sidewalk. (Ref 17-557 RS Neb.) (Ord.
No. 304, 12/12/77)
§ 8-312 STREETS; IMPROVEMENT OF STREETS ON CORPORATE LIMITS.
The Mayor and Council shall have the power to improve any street or part thereof which divides
the Municipal corporate area and the area adjoining the Municipality. When creating an improvement
district including land adjacent to the Municipality, the Council shall have power to assess, to the extent
of special benefits, the costs of such improvements upon the properties found especially benefited
thereby. (Ref 17-509 RS Neb.) (Ord. No. 335, 11/12/79)
§ 8-313 STREETS; PETITION FOR IMPROVEMENTS.
Whenever a petition signed by the owners of record title representing more than sixty (60 % ) percent
of the front footage of the property directly abutting upon the street, streets, alley, alleys, public way,
or the public grounds proposed to be improved, shall be presented and filed with the Municipal Clerk,
petitioning therefor, the Governing Body shall by ordinance create a paving, graveling, or other
improvement district or districts, and shall cause such work to be done or such improvement to be made,
and shall contract therefor, and shall levy assessments on the lots and parcels of land abutting on or
adjacent to such street, streets, alley, or alleys, especially benefited thereby in such district in proportion
to such benefits, to pay the cost of such improvement. The Governing Body shall have the discretion
to deny the formation of the proposed district when the area has not previously been improved with a
water system, sewer system, and grading of streets. If the Governing Body should deny a requested
improvement district formation, it shall state the grounds for such denial in a written letter to interested
parties. (Ref 17-510 RS Neb.) (Ord. No. 334, 11112179) (Amended by Ord. No. 416, 3/13/89)
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§ 8-314 STREETS; IMPROVEMENT DISTRICTS; OBJECTIONS.
Whenever the Governing Body deems it necessary to make any improvements allowed by statute
which are to be funded by a levy of special assessment on the property especially benefited, the
Governing Body shall by ordinance create a paving, graveling, or other improvement district and, after
the passage, approval, and publication or posting of such ordinance, shall publish notice of the creation
of any such district for six (6) days in a legal newspaper of the Municipality, if a daily newspaper, or
for two (2) consecutive weeks if it is a weekly newspaper. If no legal newspaper is published in the
Municipality, the publication shall be in a legal newspaper of general circulation in the Municipality.
If the owners of the record title representing more than fifty percent (50 % ) of the front footage of the
property directly abutting on the street or alley to be improved file with the Municipal Clerk within
twenty (20) days after the first publication of such notice written objections to the creation of such
district, such improvement shall not be made as provided in such ordinance, but such ordinance shall
be repealed. If objections are not filed against the district in the time and manner prescribed in this
section, the Governing Body shall immediately cause such work to be done or such improvement to be
made, shall contract for the work or improvement, and shall levy assessments on the lots and parcels of
land abutting on or adjacent to such street or alley especially benefited in such district in proportion to
such benefits to pay the cost of such improvement. (Ref 17-511 RS Neb.) (Ord. No. 334, 11/12/79)
(Amended by Ord. No. 654, 2/13/96)
§ 8-315 STREETS; IMPROVEMENT OF MAIN THOROUGHFARES.
The Mayor and City Council shall have the power by a three-fourths (3/4) vote of the Governing
Body, to create by ordinance a paving, graveling or other improvement district and to order such work
done upon any federal or state highway in the Municipality or upon a street or route, designated by the
Mayor and City Council as a main thoroughfare that connects, on both ends, to either a federal or state
highway or a county road. The Governing Body shall contract therefor and shall have the power to
assess, to the extent of special benefits, the costs of such improvements upon the properties found
especially benefited thereby. (Ref 17-512 RS Neb.) (Ord. No. 358, 10/13/80)
,,
§ 8-316 STREETS; DEFERRAL FROM SPECIAL ASSESSMENTS.
(A) Whenever the Governing Body of a Municipality creates an improvement district as specified
in section 8-109 which includes land adjacent to the Municipality which is within an agricultural use zone
and is used exclusively for agricultural use, the owners of record title of such adjacent land may apply
for a deferral from special assessments. For purposes of this section, AGRICULTURAL USE means
the use of land as described in 77-1359 RS Neb, so that incidental use of the land for nonagricultural or
nonhorticultural purposes shall not disqualify the land and AGRICULTURAL USE ZONE means
designation of any land predominantly for agricultural or horticultural use by any political subdivision
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pursuant to sections 19-924 to 19-933; Chapter 14, Article 4; Chapter 15, Article 9; Chapter 16, Article
9; Chapter 17, Article 10 or Chapter 23, Article 1 RS Neb. The primary objective of the agricultural
use zoning shall be to preserve and protect agricultural activities and the potential for agricultural,
horticultural or open use of land. Uses to be allowed on such lands include primarily agricultural-related
or horticultural-related uses, and nonagricultural or nonhorticultural industrial, commercial or residential
uses allowed on such lands shall be restricted so that they do not conflict with or detract from this
objective.
(B) Any owner of record title eligible for the deferral granted by this section shall, to secure such
assessment, make application to the Governing Body of the Municipality within ninety (90) days after
creation of an improvement district as specified in section 8-108. Any owner of record title who makes
application for the deferral provided by this section shall notify the County Register of Deeds of such
application in writing prior to approval by the Governing Body. The Governing Body shall approve the
application of any owner of record title upon determination that the property:
(1) Is within an agricultural use zone and is used exclusively for agricultural use, and
(2) The owner has met the requirements of this section.
(C) The deferral provided for in this section shall be terminated upon any of the following events:
(1) Notification by the owner of record title to the Governing Body to remove such deferral;
(2) Sale or transfer to a new owner who does not make a new application within sixty (60) days
of the sale or transfer, except as provided in subdivision 3 of this section.
(3) Transfer by reason of death of a former owner to a new owner who does not make
application within one hundred twenty-five (125) days of the transfer;
(4) The land is no longer being used as agricultural land; or
(5) Change of zoning to other than an agricultural zone.·
(D) Whenever property which has received a deferral pursuant to this section becomes disqualified
for such deferral, the owner of record title of such property shall pay to the Municipality an amount
equal to:
(1) The total amount of special assessments which would have been assessed against such
property, to the extent of special benefits, had such deferral not been granted; and
(2) Interest upon the special assessments not paid each year at the rate of six (6 % ) percent from
the dates at which such assessments would have been payable if no deferral had been granted.
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(E) In cases where the deferral provided by this section is terminated as a result of a sale or transfer
described in subdivision 2 or 3 of this section the lien for assessments and interest shall attach as of the
day preceding such sale or transfer. (Ref 19-2428 through 19-2431 RS Neb.) (Ord. No. 417, 3/13/84)
(Amended by Ord. No. 480, 9/8/97)
§ 8-317 STREETS; VACATING PUBLIC WAYS; DEFINITIONS AND ASCERTAINING
DAMAGES.
(Repealed by Ord. No. 778, 6/11/02)
§ 8-318 STREETS; VACATING PUBLIC WAYS.
(A) SPECIAL DAMAGES shall mean only those losses or damages or injuries which a property
owner suffers that are peculiar or special or unique to his or her property and which result from the City
Council vacating a street, avenue, alley, lane, or similar public way. SPECIAL DAMAGES shall not
mean those losses or damages or injuries that a property owner suffers that are in common with the rest
of the City or public at large, even though those losses or damages or injuries suffered by the property
owner are greater in degree than the rest of the City or public at large.
(B) Whenever the City Council decides that it would be in the best interests of the City to vacate
a street, avenue, alley, lane, or similar public way, the City Council shall comply with the following
procedure:
(1) Notice. Notice shall be given to all abutting property owners either by first class mail to
their last known address or if there is no known address then by publishing the notice in a newspaper
that is of general circulation in the City. The content of the notice shall advise the abutting property
owners that the City Council will consider vacating such street, avenue, alley, lane, or similar public
way at its next regular meeting or, if a special meeting is scheduled for such discussion, then the date,
time, and place of such meeting.
(2) Consent; waiver. The City Council may have all the abutting property owners sign a form
stating that they consent to the action being taken by the City Council and waive their right of access.
The signing of such form shall have no effect on claims for special damages by the abutting property
owners but shall create the presumption that the City Council's action was proper. If the abutting
property owners do not sign the consent/waiver form, the City Council may still proceed with vacating
the street, avenue, alley, lane, or similar public way under the authority granted by sections 17-558 and
17-559 RS Neb.
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(3) Ordinance. The City Council shall pass an ordinance that includes essentially the following
provisions:
(a) A declaration that the action is expedient for the public good or in the best interests of
the City.
(b) A statement that the City will have an easement for maintaining all utilities.
(c) A method or procedure for ascertaining special damages to abutting property owners.
(C) The Mayor shall appoint three or five or seven disinterested residents of the City to a special
commission to ascertain the amount of special damages that the abutting property owners are entitled to
receive and which resulted from the City Council vacating the street, avenue, alley, lane, or similar
public way. The appointees of the special commission shall be approved by the City Council. Only
special damages shall be awarded to the abutting property owners.
(D) In determining the amount of compensation to award the abutting property owners as special
damages, the commission shall use the following rule:
An abutting property owner is entitled to recover as compensation the difference between the value
of the property immediately before and immediately after the vacating of such street, avenue, alley,
lane, or similar public way. If no difference in value exists, the abutting property owner is entitled
to no compensation.
(Ord. No. 465, 11/11/86) (Amended by Ord. No. 778, 6/11/02)
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_,...........
ARTICLE 4: CURB AND GUTTER
§ 8-401 CURB AND GUTTER; CUTTING CURB.
It shall be unlawful for any person to cut into any paving, curb, or sidewalk for the purpose of
constructing a driveway or any other purpose whatsoever. Said work shall be done only upon order of
the City Administrator by Municipal employees. (Ref 17-567 RS Neb.)
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ARTICLE 5: PENAL PROVISIONS
§ 8-501 VIOLATION; PENALTY.
(Repealed by Ord. No. 744, 7/11/00)
For penalty provisions, see section 12-101 of Chapter 12.
§ 8-502 ABATEMENT OF NUISANCE.
(Repealed by Ord. No. 744, 7/11/00)
For penalty provisions, see section 12-101 of Chapter 12.
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CHAPTER 9: BUILDING REGULATIONS
Article
1.
BUILDING INSPECTOR
2.
BUILDINGAND ZONING PERMITS
3.
BUILDING MOVING
4.
BARRICADESAND LIGHTS
5.
UNSAFEBUILDINGS
6.
PLUMBING CODE
7.
PENAL PROVISIONS
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ARTICLE 1: BUILDING INSPECTOR
§ 9-101 BUILDING INSPECTOR; POWER AND AUTHORITY.
The City Administrator as the Building Inspector shall be the Municipal Official who shall have the
duty of enforcing all building and housing regulations as herein prescribed. He shall inspect all buildings
repaired, altered, built, or moved in the Municipality as often as necessary to insure compliance with
all Municipal ordinances. He shall have the power and authority to order all work stopped on any
construction, alteration, or relocation which violates any provisions prescribed herein including zoning
and subdivision regulations of the Municipality. He shall issue permission to continue any construction,
alteration, or relocation when he is satisfied that no provision will be violated. If the stop order is an oral
one, it shall be followed by a written stop order within twenty-four (24) hours. Such written order may
be served by any Municipal Policeman or by the City Building Inspector, by personally delivering a copy
to the property owner, or by leaving a copy at the property owners usual place of residence.
Upon receipt of an oral stop order, the property owner in question shall cause all work to cease upon
the construction, alteration, or relocation in question; and if the oral stop order is followed by a written
stop order within twenty-four (24) hours, no further work shall occur until disposition of an appeal under
Section 9-102 of the Municipal Code. (Amended by Ord. No. 314, 5/8/78)
§ 9-102 BUILDING INSPECTOR; APPEAL FROM DECISION.
In the event it is claimed that the true intent and meaning of this Chapter has been wrongly
interpreted by the Building Inspector; that the time allowed for compliance with any order of the
Building Inspector is too short; or that conditions peculiar to a particular building make it unreasonably
difficult to meet the literal requirements prescribed by this Chapter and the Building Inspector, the
owner, his agent, or the occupant may file a notice of appeal within ten (10) days after the decision or
order of the Building Inspector has been made. The. Board of Adjustment shall sit and act as the
Municipal Board of Appeals and shall have the power and authority, when appealed to, to modify the
decision or order of the Building Inspector. Such a decision shall be final, subject only to any remedy
which the aggrieved person may have at law or equity. Applications for review shall be in writing and
shall state the reasons why the variance should be made. A variance shall be granted only where it is
evident that reasonable safety and sanitation is assured and may include conditions not generally specified
by this Code to achieve that end. A copy of any variance so granted shall be sent to both the Building
Inspector and the applicant.
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ARTICLE 2: BUILDING AND ZONING PERMITS
§ 9-201 ZONING PERMITS.
Any person desiring to commence or proceed to erect or construct, any building or dwelling shall
file with the City Administrator an application for a zoning permit. The application shall be in writing
on a form to be furnished by the Municipal Clerk for that purpose. Every such application shall set forth
the legal description of the land upon which the construction or relocation is to take place, the nature of
the use or occupancy, the principal dimensions, the estimated cost, the names of the owner, architect,
and contractor, and such other information as may be requested thereon. The application, plans, and
specifications so filed with the City Administrator shall be checked and examined by the City
Administrator and if they are found to be in conformity with the requirements of the zoning and
subdivision regulations, the City Administrator shall issue the said applicant a permit. Whenever there
is a discrepancy between permit application procedures contained herein and those contained in any
building code adopted by reference, the provisions contained herein shall govern. (Ref. 17-130 thru
17-132, 17-550, 17-1001 RS Neb.)
§ 9-202 BUILDING PERMITS.
(1) Upon approval of an applicant's zoning permit, the applicant shall forthwith apply for a building
permit before proceeding to erect, construct, repair, enlarge, demolish or relocate any building or
dwelling. The procedure of filing for a building permit shall be the same as that of the zoning permit.
The application for a building permit shall include a copy of the plans and specifications for the building
to be erected, which shall detail the type of construction material to be used, together with a sketch of
the proposed structure from an overhead view, and such other information as the City Administrator
shall specify. Approval of the building permit shall be based on provisions of this Chapter and all other
ordinances applicable thereto excluding the zoning and subdivision regulations which shall be applied
only in the case of the zoning permit. Upon approval of the permit, the City Administrator shall issue
the same to the applicant. The building permit fee shall be as follows:
1 - 500 sq. ft
$25.00
501 - 1000 sq. ft.
$50.00
1001 - 1500 sq. ft. .
$75.00
1501 and above sq. ft. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $100.00
Project requiring zoning change, code amendment, lot split,
conditional use permit, or annexation
Add $50.00 per additional item
Sign, any cost
$25.00
Fence
05C per foot, $25.00 minimum
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(2) For any application filed after construction is started, the fee is double the rates stated in
subsection (1) above, and construction shall be halted until permit is issued.
(3) A survey certified by a licensed surveyor, shall be required on any project exceeding a total cost
of $50,000.00, and in any other case where the Zoning Administrator deems lot lines to be uncertain.
(Amended by Ord. Nos. 410, 12/13/83;725, 6/8/99; 785, 6/11/02;805, 5/13/03)
§ 9-202.01
BUILDING PERMITS; DUPLICATE TO COUNTY ASSESSOR.
Whenever a building permit is issued for the erection, alteration or repair, of any building within
the Municipality's jurisdiction, and the improvement is two thousand five hundred ($2,500.00) dollars
or more, a duplicate of such permit shall be issued to the County Assessor. (Ref 18-1743 RS Neb.) (Ord.
No. 333, 11/12/79) (Amended by Ord. No. 819, 3/9/04)
§ 9-203 BUILDING AND ZONING PERMIT; LIMITATION.
If the work for which a permit has been issued shall not have begun within one (1) year of the date
thereof, or if the construction shall be discontinued for a period of one (1) year, the permit shall be void.
Before work can be resumed, a new permit shall be obtained in the same manner and form as an original
permit.
§ 9-204 BUILDING AND ZONING PERMITS; REQUIRED BEFORE ACTING.
The City Administrator shall be required to act with reasonable promptness on any application for
a building or zoning permit. BUT IN NO EVENT shall work be started or continued on any project
requiring a zoning or building permit until the applicant has all necessary permits in his possession.
(Ord. No. 315, 5/8/78)
2006 S-8
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ARTICLE 3: BUILDING MOVING
§ 9-301 BUILDING MOVING; REGULATIONS.
It shall be unlawful for any person, firm, or corporation to move any building or structure within
the Municipality without a written permit to do so. Application may be made to the City Administrator,
and shall include the present and future location of the building to be moved, the proposed route, the
equipment to be used, and such other information as the City Administrator may require. The application
shall be accompanied by a certificate issued by the County Treasurer to the effect that all the provisions
regulating the moving of buildings have been complied with on the part of the owner of the real estate
upon which the said building is presently located. The City Administrator shall refer the said application
to the Municipal Police for approval of the proposed route over which the said building is to be moved.
Upon approval by the City Administrator he shall then issue the said permit; Provided, that a good and
sufficient corporate surety bond, check, or cash in an amount set by motion of the Governing Body and
conditioned upon moving said building without doing damage to any private or Municipal property is
filed with the City Administrator prior to the granting of any permit. No moving permit shall be
required to move a building that is ten (10') feet wide, or less, and twenty (20') feet long, or less, and
when in a position to move, fifteen (15') feet high, or less. In the event it will be necessary for any
licensed building mover to interfere with the telephone or telegraph poles and wires, or a gas line, the
company or companies owning, using, or operating the said poles, wires or line shall upon proper notice
of at least twenty-four (24) hours, be present and assist by disconnecting the said poles, wires, or line
relative to the building moving operation. All expense of the said disconnection, removal, or related
work shall be paid in advance by the licensee unless such disconnection or work is furnished on different
terms as provided in the said company's franchise. Whenever the moving of any building necessitates
interference with a water main, sewer main, pipes, or wire belonging to the Municipality, notice in
writing of the time and route of the said building moving operation shall be given to the various
Municipal officials in charge of the Municipal utility departments who shall proceed in behalf of the
Municipality and at the expense of the mover to make such disconnections and do such work as is
necessary. (Ref. 39-6, 177 to 39-6, 180, 39-6, 184, 77-1 ?25 RS Neb.).
§ 9-302 BUILDING MOVING; DEPOSIT.
-~,
At such time as the building moving has been completed, the Building Inspector shall inspect the
premises as to the extent of damages, if any, resulting from the said relocation and whether any
Municipal laws have been violated during the said operation. Upon a satisfactory inspection by the
Building Inspector, the corporate surety bond, cash, or check shall be returned to the applicant. In the
event the basement, foundation, or portion thereof is not properly filled, covered, or in a clean and
sanitary condition, the Governing Body may apply the money deposited for the purpose of defraying the
expense of correcting the said conditions. If the expense of correcting the hazardous condition is greater
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than the amount of the deposit set by resolution of the Governing Body, as required herein, the
Governing Body may recover such excess expense by civil suit or otherwise as prescribed by law.
..~
ARTICLE 4: BARRICADES AND LIGHTS
§ 9-401 BARRICADES AND LIGHTS.
It shall be the duty of the owner, tenant, or lessee causing the construction, demolition, or moving
of any building or improvement within the Municipality to have during such work all excavations, open
basements, building materials, and debris protected by suitable guards or barricades by day, and by
warning lights at night. The failure, neglect, or refusal of said persons to erect such guards shall
constitute a violation of this Section and the Municipal Police or the Building Inspector shall stop all
work until guards are erected and maintained as required.
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ARTICLE
5: UNSAFE BUILDINGS
§ 9-501 UNSAFE BUILDINGS; DEFINITION.
(1) The term "unsafe building" as used in this Article is hereby defined to mean and include any
building, shed, fence, or other manmade structure:
(a) 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 the occupants of it or neighboring structures;
(b) 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;
(c) Which by reason of faulty construction or any other cause is liable to cause injury or
damage by the collapse or fall of all or any part of such structure.
(2) Specifically within the business district "Fire Limits" as defined by Section 7-203 of this Code,
special requirements shall be imposed in the definition of Unsafe Buildings. Due to the special risks to
public health and safety in such area, and the value to the community in preserving the overall integrity
of structures therein, within the Fire Limits, the definition of "Unsafe" shall include any structure which
contains or is subject to one or more of the following conditions:
(a) Broken or cracked exterior glass in windows, doors, or any other glassed area;
(b) Loose or broken exterior surfaces of any nature that no longer provide a sound wall, or
create a risk of injury to the public or to surrounding structures;
(c) Insecure doors or windows, which may allow entry to the structure by unauthorized parties,
whether adults or minors;
..
,.
(d) Leaks in the roof, which allow water from any type of precipitation to enter the interior of
the building or neighboring structures having common walls, and thereby damage or increase the risk
of damage to any interior property, or the basic structure of the subject building or neighboring
structures;
(e) Failure of the owner, tenants, or an assigned agent of either of them, to inspect the inside
of the subject premises, no less frequently than once each calendar month, and make reasonable
provision to avoid deterioration thereof and correct any structural defects, fire hazards or other hazards
that may have arisen during the preceding month.
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(3) Any such unsafe building in the Municipality is hereby declared to be a nuisance. (Ref 18-1720,
18-1722, 18-1722.01 RS Neb.) (Amended by Ord. No. 731, 2/10/00)
/
§ 9-502 UNSAFE BUILDINGS; PROIDBITION.
It shall be unlawful to maintain or permit the existence of any unsafe building in the Municipality
and it shall be unlawful for the owner, occupant, or person in custody of any dangerous building to
permit the same to remain in an unsafe condition or to occupy such building or permit it to be occupied
while it is in an unsafe condition. (Ref 18-1720, 18-1722, 18-1722.01 RS Neb.)
§ 9-503 UNSAFE BUILDINGS; DETERMINATION AND NOTICE.
Whenever the building inspector, the fire official, the health official, or the Governing Body shall
be of the opinion that any building or structure in the Municipality is an unsafe building, he shall file a
written statement to this effect with the Municipal Clerk. The Clerk shall thereupon cause the property
to be posted accordingly, and shall file a copy of such determination in the office of the County Register
of Deeds, and shall serve written notice upon the owner thereof, and upon the occupant thereof, if any,
by certified mail or by personal service. Such notice shall state that the building has been declared to
be in an unsafe condition; and that such dangerous condition must be removed or remedied by repairing
or altering the building or by demolishing it; and that the condition must be remedied within sixty (60)
days from the date of receipt. Such notice may be in the following terms:
''To
(owner-occupant of premises) of the premise known
and described as ~~~~~~~~~~~~~~
''You are hereby notified that
(describe building) on the
premises above mentioned has been determined to be an unsafe building and a nuisance after inspection
by
The causes for this decision are
(here insert
the facts as to the dangerous condition).
''You must remedy this condition or demolish the building within sixty (60) days from the date of
receipt of this notice or the Municipality will proceed to do so. Appeal of this determination may be
made to the Governing Body, acting as the Board of Appeals, by filing with the Municipal Clerk within
ten (10) days from the date of receipt of this notice a request for a hearing.''
If the person receiving the notice has not complied therewith or taken an appeal from the
determination of the officer or employee finding that a dangerous building exists within ten ( 10) days
from the time when this notice is served upon such person by personal service or certified mail, the
Building Inspector may, upon orders of the Governing Body, proceed to remedy the condition or
demolish the unsafe building. (Ref 18-1720, 18-1722, 18-1722.01 RS Neb.)
§ 9-504 UNSAFE BUILDINGS; HEARING AND APPEAL.
Upon receiving the notice to repair or demolish the building, the owner of the building, within the
time stipulated, may in writing to the Municipal Clerk request a hearing before the Governing Body,
sitting as the Board of Appeals, to present reasons why the building should not be repaired or
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13
demolished.
The Governing Body shall grant such hearing within ten (10) days from the date of
receiving the request. A written notice of the Governing Body's decision following the hearing shall be
sent to the property owner by certified mail. If the Governing Body rejects the appeal, the owner shall
have five (5) days from the sending of the decision to begin repair or demolition and removal. If after
the five (5) day period the owner has not begun work, the Governing Body shall proceed to cause such
work to be done; provided, the property owner may appeal such decision to the appropriate court for
adjudication during which proceedings the decision of the Governing Body shall be stayed. Where the
Municipality has not adopted a building code, the statutes of Nebraska relating to bonded indebtedness
and collection of delinquent taxes shall apply. (Ref. 18-1720, 18-1722, 18-1722.01 RS Neb.)
§ 9-505 UNSAFE BillLDINGS; EMERGENCY.
Where any unsafe building or structure poses an immediate danger to the health, safety, or general
welfare of any person or persons, and the owner fails to remedy the situation in a reasonable time after
notice by the Building Inspector to do so, the Municipality may summarily repair or demolish and
remove such building or structure.
§ 9-506 UNSAFE BillLDINGS; SPECIAL ASSESSMENTS.
If any owner of any building or structure fails, neglects, or refuses to comply with notice by or on
behalf of the Municipality to repair, rehabilitate, or demolish and remove a building or structure which
is unsafe and a public nuisance, the Municipality may proceed with the work specified in the notice to
the property owner. A statement of the cost of such work shall be transmitted to the Governing Body.
The Governing Body may (1) levy the cost as a special assessment against the lot or real estate upon
which the building or structure is located. Such special assessment shall be a lien on the real estate and
shall be collected in the manner provided for special assessments; or (2) collect the cost from the owner
of the building or structure and enforce the collection by civil action in any court of competent
jurisdiction. (Ref. 18-1720, 18-1722, 18-1722.01, 77-1725 RS Neb.) (Amended by Ord. No. 537,
2/12/91)
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ARTICLE 6: PLUMBING CODE
§ 9-601 PLUMBING CODE; PROIDBITION OF LEAD PIPES, SOLDER, AND FLUX.
Any pipe, solder or flux used in the installation or repair of any residential or non-residential facility
which is connected to the public water supply system shall be lead free.
For purposes of this Section, lead free shall mean:
1) Solders and flux - not more than two-tenths (. 2 % ) percent lead, and
2) Pipe and pipe fittings - not more than eight (8 % ) percent lead.
(Ref 71-5301 RS Neb.) (Ord. No. 488, 5110188)
~-.
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ARTICLE 7: PENAL PROVISIONS
§ 9-701 VIOLATION; PENALTY.
(Repealed by Ord. No. 744, 7/11/00)
For penalty provisions, see section 12-101 of Chapter 12.
§ 9-702 ABATEMENT OF NUISANCE.
(Repealed by Ord. No. 744, 7/11/00)
For penalty provisions, see section 12-101 of Chapter 12.
r>.
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...-----.......
CHAPTER 10: BUSINESS REGULATIONS
Article
1.
ALCOHOLIC BEVERAGES
2.
ITINERANT SALES
3.
BOWLING AND BINGO
4.
BUILDING MOVING
5.
OCCUPATION TAXES
6.
NATURAL GAS
7.
TOBACCO SALES
8.
PENAL PROVISIONS
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ARTICLE 1: ALCOHOLIC BEVERAGES
§ 10-101
ALCOHOLIC BEVERAGES; DEFINITIONS.
For purposes of this Article, the definitions found in sections 53-103 through 53-103.42 RS Neb.
shall be used.
§ 10-102 ALCOHOLIC BEVERAGES; LICENSE REQIDRED.
It shall be unlawful for any person to manufacture for sale, sell, keep for sale, or to barter any
alcoholic liquors within the Municipality unless said person shall have in full force and effect a license
as provided by the Nebraska Liquor Control Act. (Ref 53-102 RS Neb.)
§ 10-103
ALCOHOLIC BEVERAGES; LOCATION.
(A) Except as otherwise provided in division (B) of this section, no license shall be issued for the
sale at retail of any alcoholic liquor within one hundred fifty (150) feet of any church, school, hospital,
or home for aged or indigent persons or for veterans, their wives or children. This prohibition does not
apply to any location within such distance of one hundred fifty (150) feet:
(1) For which a license to sell alcoholic liquor at retail has been granted by the Nebraska
Liquor Control Commission for two (2) years continuously prior to making of application for license;
(2) To hotels offering restaurant service, to regularly organized clubs, or to restaurants, food
shops, or other places where sale of alcoholic liquor is not the principal business carried on, if such place
of business so exempted was established for such purposes prior to May 24, 1935; or
,.
(3) To a college or university in the state which is subject to section 53-177.01 RS Neb.
..
.,..-....
(B) If a proposed location for the sale at retail of any alcoholic liquor is within one hundred fifty
(150) feet of any church, a license may be issued if the commission gives notice to the affected church
and holds a hearing as prescribed in section 53-133 RS Neb. (Ref 53-177 RS Neb.)
(C) No alcoholic liquor, other than beer, shall be sold for consumption on the premises within three
hundred (300) feet from the campus of any college or university within the Municipality, except that this
section:
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(1) Does not prohibit a nonpublic college or university from contracting with an individual or
corporation holding a license to sell alcoholic liquor at retail for the purpose of selling alcoholic liquor
at retail on the campus of such college or university at events sanctioned by such college or university
but does prohibit the sale of alcoholic liquor at retail by such licensee on the campus of such nonpublic
college or university at student activities or events; and
(2) Does not prohibit sales of alcoholic liquor by a community college culinary education
program pursuant to section 53-124.15 RS Neb. (Ref 53-177. OJ RS Neb.) (Amended by Ord. No.
10-103, 5/8/12)
Statutory reference:
State Commission may waive 300feet requirement, see 53-177.01 RS Neb.
§ 10-104 ALCOHOLIC
BEVERAGES;
DWELLINGS.
Except in the case of hotels and clubs no alcoholic liquor shall be sold at retail upon any premise
which has any access which leads from such premise to any other portion of the same building used for
dwelling or lodging purposes, and which is permitted to be used by the public. Nothing herein shall
prevent any connection with such premise, and such other portion of the building which is used only by
the licensee, his family, or personal guests. (Ref 53-178 RS Neb.)
§ 10-105 ALCOHOLIC
BEVERAGES;
LICENSE DISPLAYED.
Every licensee under the Nebraska Liquor Control Act shall cause his license to be framed and hung
in plain public view in a conspicuous place on the licensed premise. (Ref 53-148 RS Neb.)
§ 10-106 ALCOHOLIC
BEVERAGES;
LICENSEE
REQUIREMENTS.
It shall be unlawful for any person or persons to own an establishment that sells at retail any
alcoholic beverages unless said person is a resident of the county -in which the premise is located; a
person of good character and reputation; a citizen of the 'united States; a person who has never been
convicted of a felony; a person who has never been associated with, or kept, a house of ill fame; a
person who has never been convicted of, or pleaded guilty to, a crime or misdemeanor opposed to
decency and morality; a person who has never had a liquor license revoked for cause; a person whose
premises, for which a license is sought, does not meet standards for fire safety as established by the State
Fire Marshal; or a person who has not acquired a beneficial interest in more than two (2) alcoholic
beverage retail establishments since March 4, 1963; Provided, the beneficial interest requirement in this
section shall not apply to a person applying for an additional license for use in connection with the
operation of a hotel containing at least twenty-five (25) sleeping rooms, or where the request is limited
to on premises sale of beer only in a restaurant. (Ref 53-124.07, 53-125 RS Neb.) (Amended by Ord.
No. 357, 10/13/80)
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§ 10-107 ALCOHOLIC BEVERAGES; LIQUOR APPLICATION;
EXAMINATION.
MUNICIPAL
(Repealed by Ord. No. 737, 7/11/00)
§ 10-108 ALCOHOLIC BEVERAGES;
LIQUOR LICENSE RENEWAL.
Retail liquor licenses issued by the Commission and outstanding may be automatically renewed in
the absence of a request by the Governing Body to require the said licensee to issue an application for
renewal. The Municipal Clerk, upon notice from the Commission, between January tenth (10th) and
January thirtieth (30th) of each year, shall cause to be published in a legal newspaper in, or of general
circulation in the Municipality, one (1) time, a notice in the form prescribed by law of the right of
automatic renewal of each retail liquor and beer license within the Municipality; Provided, class C
license renewal notices shall be published between the dates of July tenth (10th) and July thirtieth (30th)
of each year. The Municipal Clerk shall then file with the Commission proof of publication of said
notice on or before February tenth (10th) of each year or August tenth (10th) of each year for class C
licenses. In the event that written protests are filed by three (3) or more residents of the Municipality
against said license renewal, the Municipal Clerk shall deliver the protests to the Governing Body who
shall thereupon proceed to notify the Commission that they are to require the said licensee to submit an
application. (Ref 53-135, 53-135.01 RS Neb.)(Amended by Ord. No. 343, 12/10/79)
§ 10-109 ALCOHOLIC
BEVERAGES;
LICENSES;
MUNICIPAL POWERS AND DUTIES.
(A) The governing body is authorized to regulate by ordinance, not inconsistent with the Nebraska
Liquor Control Act, the business of all retail, craft brewery, and microdistillery licensees carried on
within the corporate limits of the Municipality. (Ref 53-134.03 RS Neb.)
(B) During the period of forty-five (45) days after the date of receipt by mail or electronic delivery
from the Nebraska Liquor Control Commission notice and a copy of an application for a new license to
sell alcoholic liquor at retail, a craft brewery license, .o, . r a microdistillery license, the governing body
may make and submit to the Commission recommendations relative to the granting or refusal to grant
the license to the applicant. (Ref 53-131 RS Neb.)
(C) The governing body, with respect to licenses within the corporate limits of the Municipality,
has the following powers, functions, and duties with respect to retail, craft brewery, and microdistillery
licenses:
(1) To cancel or revoke for cause retail, craft brewery, or microdistillery licenses to sell or
dispense alcoholic liquor issued to persons for premises within its jurisdiction, subject to the right of
appeal to the Nebraska Liquor Control Commission;
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(2) To enter or to authorize any law enforcement officer to enter at any time upon any premises
licensed under the Nebraska Liquor Control Act to determine whether any provision of the Act, any rule
or regulation adopted and promulgated pursuant to the Act, or any ordinance, resolution, rule, or
regulation adopted by the governing body has been or is being violated, and at that time examine the
premises of the licensee in connection with such determination. Any law enforcement officer who
determines that any provision of the Act, any rule or regulation adopted and promulgated pursuant to
the Act, or any ordinance, resolution, rule, or regulation adopted by the governing body has been or is
being violated shall report such violation in writing to the Executive Director of the Commission:
(a) Within thirty (30) days after determining that such violation has occurred;
(b) Within thirty (30) days after the conclusion of an ongoing police investigation; or
(c) Within thirty (30) days after the verdict in a prosecution related to such an ongoing
police investigation if the prosecuting attorney determines that reporting such violation prior to the
verdict would jeopardize such prosecution, whichever is later;
(3) To receive a signed complaint from any citizen within its jurisdiction that any provision of
the Act, any rule or regulation adopted and promulgated pursuant to the Act, or any ordinance,
resolution, rule, or regulation relating to alcoholic liquor has been or is being violated and to act upon
these complaints in the manner provided in the Act;
( 4) To receive retail, craft brewery, and microdistillery license fees as provided in sections
53-124 and 53-124.01 RS Neb. and pay the same, after the license has been delivered to the applicant,
to the Municipal Treasurer;
(5) To examine or cause to be examined any applicant or any retail, craft brewery, or
microdistillery licensee upon whom notice of cancellation or revocation has been served as provided in
the Act, to examine or cause to be examined the books and records of any applicant or licensee, and to
hear testimony and to take proof for its information in the performance of its duties. For purposes of
obtaining any of the information desired, the governing body may authorize its agent or attorney to act
on its behalf;
(6) To cancel or revoke on its own motion any license if, upon the same notice and hearing as
provided for citizen complaints, it determines that the licensee has violated any of the provisions of the
Nebraska Liquor Control Act or any valid and subsisting ordinance, resolution, rule, or regulation duly
enacted, adopted, and promulgated relating to alcoholic liquor. The order of cancellation or revocation
may be appealed to the Commission within thirty (30) days after the date of the order by filing a notice
of appeal with the Commission. The Commission shall handle the appeal in the manner provided for
hearing on an application in section 53-133 RS Neb.; and
(7) Upon receipt from the Commission of the notice and copy of application as provided in
section 53-131 RS Neb., to fix a time and place for a hearing at which the governing body shall receive
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evidence, either orally or by affidavit from the applicant and any other person, bearing upon the
propriety of the issuance of a license. Notice of the time and place of the hearing shall be published in
a legal newspaper in or of general circulation in the Municipality, one (1) time not less than seven (7)
and not more than fourteen (14) days before the time of the hearing. The notice shall include, but not
be limited to, a statement that all persons desiring to give evidence before the governing body in support
of or in protest against the issuance of the license may do so at the time of the hearing. The hearing shall
be held not more than forty-five (45) days after the date of receipt of the notice from the Commission,
and after the hearing the governing body shall cause to be recorded in the minute record of its
proceedings a resolution recommending either issuance or refusal of the license. The Municipal Clerk
shall mail to the Commission by first class mail, postage prepaid, a copy of the resolution which shall
state the cost of the published notice, except that failure to comply with this provision shall not void any
license issued by the Commission.
If the Commission refuses to issue such a license, the cost of
publication of notice shall be paid by the Commission from the security for costs. (Ref 53-134 RS Neb.)
(D) (1) When the Nebraska Liquor Control Commission mails or delivers to the Municipal Clerk
a retail, craft brewery, or microdistillery license issued or renewed by the Commission, the Clerk shall
deliver the license to the licensee upon receipt from the licensee of proof of payment of:
(a) The license fee if by the terms of section 53-124 RS Neb. the fee is payable to the
Municipal Treasurer;
(b) Any fee for publication of notice of hearing before the governing body upon the
application for the license;
53-135.01
(c) The fee for publication of notice of renewal, if applicable, as provided in section
RS Neb.; and
(d) Occupation taxes, if any, imposed by the Municipality.
(2) Notwithstanding any ordinance or charter power to the contrary, the Municipality shall not
impose an occupation tax on the business of any person, firm, or corporation licensed under the
Nebraska Liquor Control Act and doing business within the corporate limits of the Municipality in any
sum which exceeds two (2) times the amount of the license fee required to be paid under the Act to
obtain that license. (Ref 53-132 RS Neb.) (Amendedby Ord. Nos. 355, 10/13/80;737, 7/11/00; 779,
6/11/02;10-109, 5/8/12)
§ 10-110
ALCOHOLIC BEVERAGES; OWNER OF PREMISES.
The owner of any premise used for the sale at retail of alcoholic beverages shall be deemed guilty
of a violation of these laws to the same extent as the said licensee if the owner shall knowingly permit
the licensee to use the said licensed premise in violation of any Municipal Code section or Nebraska
Statute. (Ref 53-1,10 RS Neb.)
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§ 10-111 ALCOHOLIC BEVERAGES; EMPLOYER.
The employer of any officer, director, manager, or employees working in a retail liquor
establishment shall be held to be liable and guilty of any act of omission or violation of any law or
ordinance, if such act is committed or omission made with the authorization, knowledge or approval of
the employer or licensee, and each such act or omission shall be deemed and held to be the act of the
employer, and will be punishable in the same manner as if the said act or omission had been committed
by him personally. (Ref 53-1, 102 RS Neb.)
§ 10-112 ALCOHOLIC BEVERAGES; CATERING LICENSES.
(A) The holder of a license to sell alcoholic liquor at retail issued under section 53-124 RS Neb.,
a craft brewery license, a microdistillery license, or a farm winery license may obtain an annual catering
license as prescribed in this section. The catering license shall be issued for the same period and may
be renewed in the same manner as the retail license, craft brewery license, or farm winery license.
(B) Any person desiring to obtain a catering license shall file with the Commission:
(1) An application in triplicate original upon such forms as the Commission prescribes; and
(2) A license fee of one hundred dollars ($100..00) payable to the Commission, which fee
shall be returned to the applicant if the application is denied.
(C) (1) When an application for a catering license is filed, the Commission shall notify, by
registered or certified mail, return receipt requested with postage prepaid:
(a) The Clerk of the city in which such applicant is located; or
(b) If the applicant is not located within a city or incorporated village, the county clerk of
the county in which such applicant is located.
(2) The Governing Body and the Commission shall process the application in the same manner
as provided in section 53-132 RS Neb.
(D) The Governing Body, with respect to catering licensees within its liquor license jurisdiction as
provided in section 53-132(5) RS Neb. may cancel a catering license for cause for the remainder of the
period for which such catering license is issued. Any person whose catering license is canceled may
appeal to the District Court of the county in which the local governing body is located.
(E) The Governing Body may impose an occupation tax on the business of a catering licensee doing
business within the liquor license jurisdiction of the Governing Body as provided in section 53-132(5)
RS Neb. The tax may not exceed double the license fee to be paid under this section. (Ref 53-124.12
RS Neb.) (Ord. No. 780, 6/11/02)
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§ 10-113 ALCOHOLIC BEVERAGES; SALE OF GIFT TO MINOR OR MENTALLY
INCOMPETENT PERSON PROHIBITED.
No person shall sell, furnish, give away, dispose of, exchange, or deliver, or permit the sale, gift,
or procuring of any alcoholic liquors, to or for any minor or to any person who is mentally incompetent.
(Ref 53-180 RS Neb.) (Amended by Ord. Nos. 354, 10/13/80; 10-113, 5/8/12)
Statutory reference:
Authority, see 17-135 RS Neb.
§ 10-114 ALCOHOLIC BEVERAGES; CREDIT SALES PROHIBITED.
(A) No person shall sell or furnish alcoholic liquor at retail to any person on credit, on a passbook,
on an order on a store, in exchange for any goods, wares, or merchandise, or in payment for any
services rendered, and if any person extends credit for any such purpose, the debt thereby attempted to
be created shall not be recoverable at law.
(B) Nothing in this section shall prevent the following:
(1) Any club holding a Class C license from permitting checks or statements for alcoholic
liquor to be signed by members or bona fide guests of members and charged to the account of such
members or guests in accordance with the bylaws of such club;
(2) Any hotel or restaurant holding a retail license from permitting checks or statements for
liquor to be signed by regular guests residing at such hotel or eating at such restaurant and charged to
the accounts of such guests; or
(3) Any licensed retailer engaged in the sale of wine from issuing wine-tasting cards to
customers. (Ref 53-183 RS Neb.) (Amended by Ord. No. 10-114, 5/8/12)
§ 10-115 ALCOHOLIC BEVERAGES; SPIKING B,. EER.
(Repealed 2010)
§ 10-116 ALCOHOLIC BEVERAGES; ORIGINAL PACKAGE.
It shall be unlawful for any person or persons who own, manage, or lease any premise in which the
sale of alcoholic beverages is licensed, to have in their possession for sale at retail any alcoholic liquors
contained in bottles, casks, or other containers except in the original package. (Ref 53-184 RS Neb.)
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§ 10~117 ALCOHOLIC BEVERAGES; HOURS OF SALE.
It shall be unlawful for any licensed person or persons or their agents to sell any alcoholic beverages
within the Municipality except during the hours provided herein:
HOURS OF SALE
Alcoholic Liquors (except beer and wine)
Secular Days
Off Sale
On Sale
Sundays
Off Sale
On Sale
Beer and Wine
Secular Days
Off Sale
On Sale
Sundays
Off Sale
On Sale
6:00 A.M. to 1:00 A.M.
6:00 A.M. to 2:00 A.M.
12:00 Noon to 1 :00 A.M.
12:00 Noon to 2:00 A.M.
6:00 A.M. to 1:00 A.M.
6:00 A.M. to 2:00 A.M.
6:00 A.M. to 1:00 A.M.
6:00 A.M. to 2:00 A.M.
Provided, that such limitations shall not apply after twelve (12:00) o'clock Noon on Sunday to a licensee
which is a nonprofit corporation holding a license pursuant to Section 53-124(5)(C) & (H) Reissue
Revised Statutes of Nebraska 1943.
No person or persons shall consume any alcoholic beverages on licensed premises for a period of
time longer than fifteen (15) minutes after the time fixed herein for stopping the sale of alcoholic
beverages on the said premises. For the purposes of this section, "on sale" shall be defined as alcoholic
beverages sold by the drink for consumption on the premises .of the-licensed establishment; "off sale"
shall be defined as alcoholic beverages sold at retail in the original container for consumption off the
premise of the licensed establishment.
Nothing in this section shall be construed to prohibit licensed premises from being open for other
business on days and hours during which the sale or dispensing of alcoholic beverages is prohibited by
this section. (Ref 53-179 RS Neb.) (Amended by Ord. Nos. 326, 6/11/79; 385, 12/8/81; 543, 10/8/91;
890, 3/8/11)
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§ 10-118 ALCOHOLIC BEVERAGES; SANITARY CONDITIONS.
It shall be unlawful to open for public use any retail liquor establishment that is not in a clean and
sanitary condition. Toilet facilities shall be adequate and convenient for customers and patrons and said
licensed premise shall be subject to any health inspections the Governing Body or the Municipal Police
may make, or cause to be made. All applications for liquor licenses shall be viewed in part from the
standpoint of the sanitary conditions, and a report concerning the said sanitary conditions shall be made
at all hearings concerning the application for, or renewal of, a liquor license.
§ 10-119 ALCOHOLIC BEVERAGES; HIRING MINORS.
It shall be unlawful for any person to hire a minor regardless of sex under the age of nineteen (19)
years to serve or dispense alcoholic liquors, including beer, to said licensee's customers.
§ 10-120 ALCOHOLIC BEVERAGES; CONSUMPTION IN PUBLIC PLACES OR PLACES
OPEN TO THE PUBLIC; RESTRICTIONS.
(A) Except when the Nebraska Liquor Control Commission has issued a license as provided in
section 53-186(2) RS Neb. or as provided in section 60-6,211.08 RS.Neb., it is unlawful for any person
to consume alcoholic liquor upon property owned or controlled by the state or any governmental
subdivision thereof unless authorized by the governing bodies having jurisdiction over such property.
(Ref 53-186 RS Neb.)
(B) It is unlawful for any person owning, operating, managing, or conducting any dance hall,
restaurant, cafe, or club or any place open to the general public to permit or allow any person to
consume alcoholic liquor upon the premises except as permitted by a license issued for such premises
pursuant to the Nebraska Liquor Control Act. It is unlawful for any person to consume alcoholic liquor
in any dance hall, restaurant, cafe, or club or any place open to the general public except as permitted
by a license issued for such premises pursuant to the Act. This division does not apply to a retail
licensee while lawfully engaged in the catering of alcoholic beverages or to limousines or buses operated
undersection60-6,211.08RSNeb. (Ref 53-186.01 RS Neb.) (Amended by Ord. Nos. 362, 12/10/80;
736, 7/11/00; 10-120, 5/8/12)
§ 10-121
ALCOHOLIC BEVERAGES; ACQUISITION OF ALCOHOLIC BEVERAGES.
It shall be unlawful for any person to have possession of any alcoholic liquors which shall have been
acquired otherwise than from a licensee duly licensed to sell same to such person under the provisions
of the Nebraska Liquor Control Act; Providing, nothing herein shall prevent the possession of alcoholic
liquor for the personal use of the possessor, his family and guests, nor prevent the making of
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wine, cider or other alcoholic liquor by a person from fruits, vegetables or grains, or the product
thereof, by simple fermentation and without distillation, if it is made solely for the use of the maker, his
family and guests; provided further, nothing herein shall prevent any duly licensed practicing physician
or dentist from possessing or using alcoholic liquor in the strict practice of his profession, or any hospital
or institution caring for the sick and diseased persons, from possessing any alcoholic liquor for the
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treatment of bona fide patients of such hospital or other institution; Provided further, that any drug store
employing a licensed pharmacist may possess and use alcoholic liquors in the compounding of
prescriptions of duly licensed physicians; and Provided further, that the possession and dispensation of
wine by an authorized representative of any church for the purpose of conducting any bona fide rite or
religious ceremony conducted by such church shall not be prohibited by this section; Provided further,
that persons who are sixteen (16) years old or older may carry beer from grocery stores when they are
accompanied by a person not a minor, persons who are sixteen (16) years old or older may handle beer
containers and beer in the course of their employment in grocery stores, and persons who are sixteen
(16) years old or older may remove and dispose of alcoholic liquor containers for the convenience of
their employer and customers in the course of their employment as waiters, waitresses, or busboys, by
any restaurant, club, hotel, or similar organization; and Provided further, that persons who are nineteen
(19) years old or older may serve or sell alcoholic liquor in the course of their employment. (Ref
53-102, 53-175 RS Neb.)(Amended by Ord. No. 353, 10/13/80)
§ 10-122 ALCOHOLIC BEVERAGES; SPECIAL SUNDAY SALES. (Repealed by Ord. No. 326,
6/11/79)
§ 10-123 ALCOHOLIC BEVERAGES; REMOVAL OF INTOXICATED PERSONS FROM
.r>.
PUBLIC OR QUASI-PUBLIC PROPERTY.
Any law enforcement officer with the power to arrest for traffic violations may take a person who
is intoxicated and in the judgment of the officer dangerous to himself, herself, or others, or who is
otherwise incapacitated, from any public or quasi-public property. An officer removing an intoxicated
person from public or quasi-public property shall make a reasonable effort to take such intoxicated
person to his or her home or to place such person in any hospital, clinic, alcoholism center, or with a
medical doctor as may be necessary to preserve life or to prevent injury. Such effort at placement shall
be deemed reasonable if the officer contacts those facilities or doctor which have previously represented
a willingness to accept and treat such individuals and which regularly do accept such individuals. If such
efforts are unsuccessful or are not feasible, the officer may then place such intoxicated person in civil
protective custody, except that civil protective custody shall be used only as long as is necessary to
preserve life or to prevent injury, and under no circumstances longer than twenty-four (24) hours. The
placement of such person in civil protective custody shall be recorded at the facility or jail at which he
or she is delivered and communicated to his or her family or next of kin, if they can be located, or to
such person designated by the person taken into civil protective custody.
_,,--.....
The law enforcement officer who acts in compliance with this section shall be deemed to be acting
in the course of his or her official duty and shall not be criminally or civilly liable for such actions. The
taking of an individual into civil protective custody under this section shall not be considered an arrest.
No entry or other record shall be made to indicate that the person has been arrested or charged with a
crime.
For purposes of this section, public property shall mean any public right-of-way, street, highway,
alley, park, or other state, county, or municipally-owned property.
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For the purposes of this section, quasi-public property shall mean and include private or
publicly-owned property utilized for proprietary or business uses which invites patronage by the public
or which invites public ingress and egress. (Ref 53-1,121 RS Neb. (Ord. No. 332, 11/12/79) (Amended
by Ord. No. 384, 12/8/81)
§ 10-124 ALCOHOLIC BEVERAGES; INSPECTIONS.
It shall be the duty of the Governing Body to cause frequent inspections to be made on the premises
of all retail and bottle club licensees. If it is found that any such licensee is violating any provision of
the Nebraska Liquor Control Act or regulations of the Nebraska Liquor Control Commission, or is
failing to observe in good faith the purposes of said Act, the license may be suspended, cancelled, or
revoked after the licensee has been given an opportunity to be heard by the Governing Body. (Ref
53-146 RS Neb.) (Ord. No. 352, 10/13/80)
§ 10-125 ALCOHOLIC BEVERAGES; CITIZEN COMPLAINTS.
Any five (5) residents of the Municipality shall have the right to file a complaint with the Governing
Body stating that any retail or bottle club licensee, subject to the jurisdiction of the Governing Body, has
been or is violating any provision of the Nebraska Liquor Control Act or the rules or regulations issued
pursuant thereto. Such complaint shall be in writing in the form prescribed by the Governing Body and
shall be signed and sworn by the parties complaining. The complaint shall state the particular provision,
rule, or regulation believed to have been violated and the facts in detail upon which belief is based. If
the Governing Body is satisfied that the complaint substantially charges a violation and that from the fact
alleged there is reasonable cause for such belief, it shall set the matter for hearing within ten (10) days
from the date of the filing of the complaint and shall serve notice upon the licensee of the time and place
of such hearing and of the particular charge in the complaint; Provided, that the complaint must in all
cases be disposed ofby the Governing Body within thirty (30) days from the date the complaint was filed
by resolution thereof, said resolution shall be deemed the final order for purposes of appeal to the
Nebraska Liquor Control Commission as provided by law. (Ref 53-1,114 RS Neb.)(Ord. No. 351,
10/13/80)
§ 10-126 ALCOHOLIC BEVERAGES; LIQUOR APPLICATION; NOTICE; PROCEDURE.
A. Notice. Notice of a hearing held pursuant to Neb. Rev. Stat. section 53-134 shall be given to
the applicant by the Municipal Clerk and shall contain the date, time, and location of the hearing. Two
(2) or more proceedings which are legally or factually related may be heard and considered together
unless any party thereto makes a showing sufficient to satisfy the Governing Body that prejudice would
result there from.
B. Procedure. Hearings will be informal and conducted by the Municipal Attorney. The intent is
an inquiry into the facts, not an adversarial action. Each witness may present their testimony in narrative
fashion or by question and answer.
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The Governing Body or the applicant may order the hearing to be recorded by the Clerk, at the
expense of the applicant(s).
The Governing Body may admit and give probative effect to evidence which possesses probative
value commonly accepted by reasonably prudent individuals.
The Municipal Attorney may limit
testimony where it appears incompetent, irrelevant, or unduly repetitious. If there is opposition to any
application and such opposition desires the opportunity to present arguments and to cross-examine the
applicant and any witnesses in favor of such application, they shall choose a spokesperson to perform
such function who shall notify the Municipal Attorney of his/her representation prior to the start of the
hearing.
The order of the proceeding is as follows:
1. Exhibits will be marked in advance by the Clerk and presented to the Municipal Attorney during
the presentation;
2.
Presentation of evidence, witnesses, and arguments by applicant;
3.
Testimony of any other citizens in favor of such proposed license;
4. Examination of applicant, witnesses or citizens by Municipal Attorney, Governing Body, or
duly appointed agent;
5.
Cross-examination of applicant, witnesses or citizens by spokesperson for opposition, if any;
6.
Presentation of evidence and witnesses by opposition;
7.
Testimony of any other citizens in opposition to such proposed license.
8.
Presentation of evidence by Municipality and law enforcement personnel;
9.
Cross-examination by applicant;
10. Rebuttal evidence by both parties, and by Municipality administration and agent;
11. Summation by applicant and opposition spokesperson, if any.
In all cases, the burden of proof and persuasion shall be on the party filing the application.
Any member of the Governing Body and the Municipal Attorney may question any witness, call
witnesses, or request information.
All witnesses shall be sworn.
The Governing Body may make further inquiry and investigation following the hearing.
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The Governing Body or the applicant may order the hearing to be recorded by the Clerk, at the
expense of the applicant(s).
(Ref 53-134 RS Neb.) (Ord. No. 457, 7/8/86) (Amended by Ord. No. 513. 11/14/89)
§ 10-127 LIQUOR APPLICATIONS; RETAIL LICENSING STANDARDS; BINDING
RECOMMENDATIONS.
Local governing bodies shall only have authority to approve applications and deny licenses pursuant
to the Nebraska Liquor Control Act. The Governing Body shall only consider the following licensing
standards and criteria at the hearing and an evaluation of any applicant for a retail alcoholic liquor
license, for the upgrading of a license to sell alcoholic liquor, or for the expansion or change in location
of the premises, and for the purpose of formulating a recommendation from the Governing Body to the
Nebraska Liquor Control Commission in accordance with the Nebraska Liquor Control Act:
a.
The adequacy of existing law enforcement resources and services in the area;
b.
The recommendation of the Police Department or any other law enforcement agency;
c. Existing motor vehicle and pedestrian traffic flow in the vicinity of the proposed licensed
premises, potential traffic and parking problems, and the proximity and availability of on-street and
off-street parking;
d.
Zoning restrictions and the local governing body's zoning and land-use policies;
e.
Sanitation or sanitary conditions on or about the proposed licensed premises;
f. The existence of a citizen's protest and similar evidence in support of or in opposition to the
application;
g. The existing population and projected growth within the jurisdiction of the local governing body
and within the area to be served;
h. The existing liquor licenses, the class of each such license, and the distance and times of travel
between establishments that issued such licenses;
i. Whether the proposed license would be compatible with the neighborhood or community where
the proposed premises are located;
j.
Whether the type of business or activity proposed to be operated or presently operated in
conjunction with the proposed license is and will be consistent with the public interest as declared in
section 53-101.01;
k. Whether the applicant can ensure that all alcoholic beverages, including beer and wine, will be
handled by persons in accordance with section 53-102;
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1.
Whether the applicant has taken every precaution to protect against the possibility of shoplifting
of alcoholic liquor, which alcoholic liquor shall be displayed and kept in and sold from an area which
is reasonably secured;
m. Whether the applicant is fit, willing, and able to properly provide the service proposed in
conformance with all provisions and requirements of and rules and regulations adopted and promulgated
pursuant to the act;
n. Whether the applicant has demonstrated that the type of management and control exercised over
the licensed premises will be sufficient to ensure that the licensee can conform to all the provisions and
requirements of and rules and regulations adopted and promulgated pursuant to the act;
o. The background information of the applicant established by information contained in the public
records of the Commission and investigations conducted by law enforcement agencies;
p. Past evidence of discrimination involving the applicant as evidenced by findings of fact before
any administrative board or agency of the local governing body, any other governmental board or agency
of the local governing body, any other governmental unit, or any court of law;
,,-----.. ·
q. Whether the applicant or the applicant's representatives suppressed any fact or provided any
inaccurate information to the commission or local governing body or the employees of the commission
in regard to the license application or liquor investigations. The applicant shall be required to cooperate
in providing a full disclosure to the investigating agents of the local governing body;
r.
Proximity of and impact on schools, hospitals, libraries, parks, and public institutions;
s. Whether activities proposed to be conducted on the licensed premises or in adjacent related
outdoor areas will create unreasonable noise or disturbance; and
t. Compliance with state laws, liquor rules and regulations, and municipal ordinances and
regulations and whether or not the applicant has ever forfeited bond to appear in court to answer charges
of having committed a felony or charges of having violated any law o,r ordinance enacted in the interest
of good morals and decency or has been convicted of violating or has forfeited bond to appear in court
and answer charges for violating any law or ordinance relating to alcoholic liquor.
It shall be the applicant's duty to produce evidence pertaining to the designated criteria prescribed
in this subsection. The burden of proof and persuasion shall be on the party filing the application. When
applicable for purposes of this section, "applicant" shall be synonymous with "license." (Ref 53-134 RS
Neb.) (Ord. No. 458, 7/8/86) (Amended by Ord. No. 512, 11/14/89)
"·
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ARTICLE
2: ITINERANT
SALES
[Editor's Note: This Article was amended in its entirety by Ordinance No. 418, passed on 3/13/84]
§ 10-201 ITINERANT SALES; DEFINITION.
A transient merchant, itinerant merchant, or itinerant vendor is defined as any person, firm, or
corporation, whether as owner, agent, consignee, or employee, and whether a resident of the
Municipality or not, who engages temporarily within the Municipality in the business of selling and
delivering goods, wares, and merchandise or taking orders for goods or merchandise, to or at homes,
apartments, or other residential premises in the Municipality. (Ref. 17-134, 75-323 RS Neb.)
§ 10-202 ITINERANT SALES; LICENSE REQUIRED.
It shall be unlawful for an itinerant vendor to engage in such business within the Municipality
without first obtaining a license therefor. (Ref. 17-134, 75-32 thru 75-335 RS Neb.)
§ 10-203 ITINERANT SALES; APPLICATION.
Applicants for a license shall file a written sworn application signed by the applicant if an individual,
by all partners if a partnership, and by the president if a corporation, with the Municipal Clerk, showing
the details required on the form provided by the Clerk. (Ref. 17-134 RS Neb.)
§ 10-204 ITINERANT SALES; FEE.
.
The applicant shall pay a license fee set by resolution of the Governing Body to cover the cost of
processing the application and issuing the license. (Ref. 17-.134, )7-525 R Neb.)
§ 10-205 ITINERANT SALES; BOND.
Before any license shall be issued for engaging in an itinerant business, such applicant shall file with
the Municipal Clerk a bond running to the Municipality in the sum of five thousand ($5,000.00) dollars
and executed by the applicant as principal, and one (1) corporate surety, or two (2) individual sureties
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upon whom service of process may be had in the County, such bond to be approved by the Municipal
Attorney, conditioned that such applicant shall comply fully with all the provisions of this Code, and the
statutes of the State of Nebraska.
The above requirements may be satisfied by an alternative method, in lieu of buying a special bond
for the City of Plainview, if the applicant has a surety bond as an itinerant sales agent with the State of
Nebraska. A copy of the State of Nebraska bond, indicating thereon the effective dates, will be sufficient
to satisfy this bonding requirement. (Amended by Ord. No. 504, 6113189)
§ 10-206 ITINERANT SALES; APPOINTMENT OF AGENT.
Before any license shall be issued, such applicant shall file with the Municipal Clerk an instrument
nominating and appointing the Municipal Clerk, or the person performing the duties of such position,
his true and lawful agent with full power and authority to acknowledge service of notice or process in
respect to any matters connected with or arising out of the business transacted under such license. (Ref
17-134, 75-325 RS Neb.)
§ 10-207 ITINERANT SALES; LICENSE EXPIRATION.
Two forms of licenses may be issued under the itinerant sales provisions, on either a sixty day basis
of a six month basis, in the discretion of the applicant. The resolution providing for application fees may
allow different fees for the different terms of licenses. (Ref 17-134, RS Neb.) (Amended by Ord. No.
505, 6/13/89)
§ 10-208 ITINERANT SALES; LICENSE REVOCATION.
The licenses issued may be revoked by the Governing Body after reasonable notice and a hearing,
for any causes deemed by the Governing Body, in their reasonable discretion, to be sufficient. (Ref
17-134 RS Neb.)
§ 10-209 ITINERANT SALES; APPEAL.
Any person aggrieved by the decision of the Municipal Clerk in regard to the denial of an
application for a license or in connection with the revocation of a license, shall have the right to appeal
to the Governing Body. Such appeal shall be taken by filing with the Governing Body within fourteen
( 14) days after notice of the decision has been mailed to such person's last known address, a written
statement setting forth the grounds for appeal. The Governing Body shall set the time and place for a
hearing on such appeal and notice shall be given to such person by registered mail, postage prepaid, at
his last known address. The order of the Governing Body on such appeal shall be final. (Ref 17-134,
RS Neb.)
Itinerant Sales
17
§ 10-210 ITINERANT SALES; POLICE ENFORCEMENT.
It shall be the duty of the Municipal Police to examine all places of business and persons subject to
the provisions of this Article and to enforce the provisions herein against any person found to be
violating the same. (Ref. 17-134, 75-334 RS Neb.)
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ARTICLE
3: BOWLING
AND BINGO
§ 10-301 BOWLING; HOURS. (Repealed by Ord. No. 456, 6/10/86)
§ 10-302 BINGO; REGULATION.
Games of bingo shall be conducted within the Municipality in accordance with all laws of the
Municipality and the State of Nebraska if the said game of bingo is played for or involves profit or gain.
Any association duly licensed by the State of Nebraska to conduct the game of bingo shall obtain a
written permit from the Governing Body before commencing operation of said game. Application shall
be made to the Municipal Clerk for such permit. Said application form shall contain such information
and documents or copies thereof as the Governing Body deems necessary to determine whether to grant
or reject the application. Upon the determination that granting the application would be proper, the
Governing Body shall immediately direct the Municipal Clerk to issue the said license to the applicant
upon the payment of an annual permit fee of ten ($10.00) dollars. Said license shall be subject to
revocation at any time for good cause. Any person or persons, so licensed, shall be subject to any other
fees, rules, and regulations which the Governing Body may designate. All permits so issued will
automatically expire on September thirtieth (30th), following its issuance or renewal. The fee for each
renewal unless otherwise prescribed shall be in the sum of ten ($10.00) dollars. Said fee shall be
credited to the General Fund. The permit shall be on display at any place where a game of bingo is
conducted. (Ref 9-166 RS Neb.)(Amended by Ord. No. 436, 9/11/84)
§ 10-303 BINGO; TAX. (Repealed by Ord. No. 719, 4/8/99)
§ 10-304 BINGO; QUARTERLY REPORT.
Each association conducting the game of bingo shall submit a written quarterly report to the
Municipal Clerk covering the preceding calendar quarter on or before the thirtieth (30th) day of the
immediately succeeding calendar quarter. (Ref 9-165 RS Neb.)
§ 10-305 BINGO; INCORPORATED REGULATION.
All applicable State statutes as they now exist or may hereafter be amended shall be, and will
constitute, a part of this Article as if repeated verbatim herein, and violation of any State statute will be
a distinct and separate offense against the Municipality as well as against the State. Violators thereof
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shall be separately prosecuted by the Municipality for each of such offenses, and if convicted, shall be
deemed to be guilty of a misdemeanor. (Ref 9-124 thru 9-176 RS Neb.)
ARTICLE 4: BUILDING MOVING
§ 10-401 BUILDING MOVING; BOND AND PERMIT REQUIRED.
It shall hereafter be unlawful for any person or persons to engage in moving houses or other
buildings or structures from place to place within the corporate limits of this City without first having
given a bond and secured a permit in writing to do so from the City Administrator.
Any person or persons engaged in the business of moving houses within the corporate limits of the
City shall execute a good and sufficient bond payable to the City of Plainview, Nebraska, in any sum
not exceeding five thousand ($5,000.00) dollars, with two (2) or more sureties, conditioned for the
payment of any damages sustained by any person or corporation and also any damages sustained by the
City, resulting from the moving of any building or buildings over and across any street, alley, crossing
or culvert within the City. The amount of said bond shall be determined by the City Administrator.
Any bond as specified in this Section may be sued upon for the recovery of any and all damages
sustained by any individual or corporation, and also any damages sustained by the City to any street,
alley, culvert or crossing caused by the moving of any building or buildings over said crossings or
culverts, either under the supervision of the principal or principals or their agents or their employees.
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-·· ··~· . -··-··
ARTICLE 5: OCCUPATION TAXES
§ 10-501 OCCUPATION TAX; AMOUNTS.
For the purpose of raising revenue an occupation tax is hereby levied on the following businesses:
Alcoholic Beverages
Retailer of Beer, On and Off Sales, per year . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Plus $50.00 State License Fee.
Retailer of Alcoholic Liquors, including Beer, On and Off Sale (Class C) per year ....
Plus $250.00 State License Fee.
Retailer of Alcoholic Liquors, including Beer, On Sale only, per year . . . . . . . . . . .
Plus $200.00 State License Fee
Retailer of Alcoholic Liquors, including Beer, Off Sale only, (Package Sales) per year
Fire Insurance Companies, per year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Ref 17-525 RS Neb.)(Amended by Ord. No. 545, 1018191)
$ 50.00
250.00
. 200. 00
. 75.00
. . 5.00
§ 10-502 OCCUPATION TAX; FIRE INSURANCE COMPANIES.
For the use, support, and maintenance of the Municipal Fire Department all revenue realized from
the occupation tax on Fire Insurance Companies shall be appropriated to the Fire Department Fund. (Ref
35-106 RS Neb.)
§ 10-503 OCCUPATION TAX; COLLECTION DATE.
All occupation taxes shall be due, and payable on the first (1st) day of May of each year, except in
the event that the said tax is levied daily, and upon the payment thereof by any person or persons to the
Municipal Clerk, the said Clerk shall give a receipt, properly dated, and specifying the person paying
the said tax, and the amount paid; Provided, occupation taxes collected from Class C liquor licensees
shall be due and payable on the first (1st) day of November. The revenue collected shall then be
immediately deposited into the General Fund by the Municipal Treasurer. The Municipal Treasurer shall
keep an accurate account of all revenue turned over to him. All forms, and receipts herein mentioned
shall be issued in duplicate. One (1) copy shall then be kept by each party in the transaction. (Ref
17-525 RS Neb.)
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§ 10-504 OCCUPATION TAX; CERTIFICATES.
The receipt issued after the payment of any occupation tax shall be the Occupation Tax Certificate.
The said certificate shall specify the amount of the tax and the name of the person, and business that paid
the said tax. The Occupation Tax Certificate shall then be displayed in a prominent place, or carried in
such a way as to be easily accessible, while business is being conducted. (Ref 17-525 RS Neb.)
§ 10-505 OCCUPATION TAX; FAILURE TO PAY.
If any person, company, or corporation fails, or neglects to pay the occupation taxes as provided
herein on the day it becomes due, and payable, the Municipality shall then proceed by civil suit to collect
the amount due. All delinquent taxes shall bear interest at the rate of one (1 % ) per cent per month until
paid. (Ref 17-525 RS Neb.)
ARTICLE 6: NATURAL GAS
§ 10-601 NATURAL GAS; FILING FEE.
(Repealed by Ord. No. 818, 3/9/94)
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ARTICLE 7: TOBACCO SALES
§ 10-701 TOBACCO; LICENSE FOR SALE; APPLICATION; CONTENTS; FEE.
Every person, partnership, limited liability company, or corporation desiring a license to sell
tobacco at retail shall file with the Municipal Clerk a written application on forms provided by the
Municipality, stating the name of the person, partnership, limited liability company, or corporation for
whom the license is desired and the exact location of the place of business and shall deposit with the
application a license fee in the amount of ten dollars ($10.00). If the applicant is an individual, the
application shall include the applicant's social security number. (Ref. 28-1422, 28-1423 RS Neb.) (Ord.
No. 713, 8/11/98)
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ARTICLE 8: PENAL PROVISIONS
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ARTICLE 8: PENAL PROVISIONS
§ 10-801 VIOLATION; PENALTY.
(Repealed by Ord. No. 744, 7/11/00)
For penalty provisions, see section 12-101 of Chapter 12.
§ 10-802 ABATEMENT OF NUISANCE.
(Repealed by Ord. No. 744, 7/11/00)
For penalty provisions, see section 12-101 of Chapter 12.
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ARTICLE 8: PENAL PROVISIONS
CHAPTER 11: MUNICIPAL PLANNING
Article
1.
MUNICIPAL LIMITS
2.
LAND USE PLAN
3.
CONFLICTS
4.
GROUP HOMES
5.
PENAL PROVISION
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ARTICLE 1: MUNICIPAL LIMITS
§ 11-101 MUNICIPAL LIMITS; DEFINED.
All additions, lots, lands, subdivisions, and parcels of ground included within the official Municipal
Map, and plat on file at the office of the County Register of Deeds, having been by act or ordinance of
the Governing Body or by law duly annexed to or made a part of this Municipality, or having been by
the act, authority, acquiescence, consent, platting, and dedication of their respective owners, created
either as the original townsite or as additions to the Municipality are hereby declared to be within the
corporate limits of the Municipality. Lawfully constituted additions or changes in said Municipal Limits
shall be indicated upon said maps and plat by the Municipal Engineer after such addition or change has
been completed in accordance with the ordinances of this Municipality and the laws of the State of
Nebraska. (Ref 17-405 thru 17-426, 17-1002, 17-1003 RS Neb.)
§ 11-102 ORIGINAL PLATS.
Each and all plats, lots, blocks, additions, subdivisions, outlots, and parcels of ground included
within the corporate limits of the Municipality, and not vacated of record prior to the enactment of this
Chapter, including the Original Plat of the Municipality, are hereby accepted, approved, and confirmed
as valid, and each and all of said lots, blocks, additions, subdivisions, and outlots as heretofore platted
and recorded in the office of the County Register of Deeds, and not heretofore vacated, and all other
parcels of ground, included within said corporate limits, are hereby declared to be within said
Municipality and an integral part thereof. (Ref 17-405 thru 17-426, 17-1002, 17-1003 RS Neb.)
§ 11-103 PLANS, PLATS AND THE LIKE; MUNICIPAL OFFICIALS; DUTY.
(Transferred to Chapter 9, Article 2 as § 9-205)
§ 11-104 MUNICIPAL PLANNING; DESIGNATION OF EXTRATERRITORIAL
JURISDICTION.
The territory located within one mile of the corporate limits of the City is hereby designated as the
City's extraterritorial jurisdiction for the purpose of exercising the powers and duties granted by sections
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17-1002 and 17-1003 RS Neb. with respect to subdivisions and platting and section 19-2402 RS Neb.
with respect to extension of water or sanitary sewer service. The boundaries of the territory so
designated shall be as shown on the official zoning map, a copy of which is on file and available for
public inspection in the office of the City Clerk. (Ref 17-1002 RS Neb.) (Ord. No. 781, 6/11/02)
§ 11-105 MUNICIPAL PLANNING; SUBDIVISIONS AND ADDITIONS PERMITTED.
The proprietor or proprietors of any land within the corporate limits of the City, or of any land
within the area designated as the City's extraterritorial jurisdiction pursuant to section 17-1002 RS Neb. ,
may lay out such land into lots, blocks, streets, avenues, alleys, and other grounds under the name of
Addition to the City of Plainview and may subdivide, plat, or lay out any such land
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upon conformance to and compliance with the conditions in this code and state law. (Ref 19-916 RS
Neb.) (Ord. No. 782, 6/11/02)
§ 11-106 MUNICIPAL PLANNING; SURVEY AND PLAT.
(A) The owner or proprietor of any tract or parcel of land who shall subdivide the same into two
or more parts for the purpose oflaying out any addition to the City or any part thereof, or suburban lots,
shall cause a plat of such subdivision, with references to known or permanent monuments, to be made,
which shall accurately describe all subdivisions of such tract or parcel of land, numbering the same by
progressive numbers, and giving the dimensions and length and breadth thereof, and the breadth and
courses of all streets and alleys established therein. (Ref 17-415 RS Neb.)
(B) The map or plat of land within the corporate limits of the City or of any land within the area
designated as the City's extraterritorial jurisdiction pursuant to section 17-1002 RS Neb. shall designate
explicitly the land so laid out and particularly describe the lots, blocks, streets, avenues, alleys, and
other grounds belonging to such addition. The lots shall be designated by numbers, and streets,
avenues, and other grounds, by names or numbers. Such plat shall be acknowledged before some other
officer authorized to take the acknowledgments of deeds, and shall contain a dedication of the streets,
alleys, and public grounds therein to the use and benefit of the public, and have appended a survey made
by some competent surveyor with a certificate attached, certifying that he or she has accurately surveyed
such addition and that the lots, blocks, streets, avenues, alleys, parks, commons, and other grounds are
well and accurately staked off and marked. When such map or plat is so made out, acknowledged, and
certified, and has been approved by the City Council, the same shall be filed and recorded in the office
of the Register of Deeds and County Assessor. (Ref 19-916 RS Neb.) (Ord. No. 783, 6/11/02)
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§ 11-107 MUNICIPAL PLANNING; ADDITIONS; INCORPORATION INTO MUNICIPALITY.
All additions to the City laid out and previously located within the corporate boundaries of the City
shall remain a part of the City. All additions laid out adjoining or contiguous to the corporate limits may
be included within the corporate limits and become a part of the City for all purposes whatsoever at such
time as the addition is approved as provided in section 19-916 RS Neb. If the City Council includes the
addition within the corporate limits, the inhabitants of such addition shall be entitled to all the rights and
privileges and shall be subject to all the laws, ordinances, rules, and regulations of the City. (Ref 19-
916 RS Neb.) (Ord. No. 784, 6/11/02)
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ARTICLE 2: LAND USE PLAN
§ 11-201
COMPREHENSIVE PLAN; ADOPTED.
In order to accommodate anticipated long-range future growth, the Comprehensive Development
Plan for the City of Plainview, Nebraska has been duly adopted pursuant to state statutory procedure.
One (1) copy of the adopted Plan shall be kept on file with the Municipal Clerk and available for
inspection by any member of the public during office hours. (Ref 18-132 RS Neb.)
§ 11-202
ZONING REGULATIONS; ADOPTED.
For the purpose of setting minimum standards to promote the public health, safety, morals,
convenience, order, prosperity, and general welfare of the community, and to lessen congestion in the
streets; to secure safety from fire, panic, and other dangers; to provide adequate light and air; to prevent
the overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate
provision of transportation, water, sewerage, schools, parks, and other public requirements, the Zoning
Regulations for the City of Plainview, Nebraska, as prepared by White, Hamele, and Hunsley, Grand
Island, Nebraska, and published in pamphlet form, have been adopted by Ordinance No. 262, June 10,
1975. One (1) copy of the adopted Zoning Regulations shall be kept on file with the Municipal Clerk
and available for inspection by any member of the public during office hours. (Ref 18-132, 18-1302 RS
Neb.) (Amended by Ord. Nos. 530, 531, 2/27/90; 823, 5111104, 853, 7/21/06; 916, 2/11/13). (Changes
in the City Clerk's Office)
§ 11-203 SUBDIVISION REGULATIONS; ADOPTED.
To provide for harmonious development of the Municipality and its environs; for the integration of
new subdivision streets with other existing or planned streets or with other features of the
Comprehensive Plan; for adequate open spaces for traffic, recreation, Iight and air; for the distribution
of population and traffic in a manner which will tend tb create conditions favorable to health, safety,
convenience, or prosperity; to insure conformance of subdivision plans with the capital improvement
program of the Municipality; and, to secure equitable handling of all subdivision plats by providing
uniform procedures and standards for observance by subdividers and the Planning Commission and
Governing Body, the Subdivision Regulations for the City of Plainview, Nebraska, as prepared by
White, Hamele, and Hunsley, Grand Island, Nebraska, and published in pamphlet form, have been
adopted by Ordinance No. 262, June 10, 1975. One (1) copy of the adopted Subdivision Regulations
shall be kept on file with the Municipal Clerk and available for inspection by any member of the public
during office hours. (Ref 17-1003, 18-132 RS Neb.) (Amended by Ord. Nos. 530, 531, 2/27/90.
Changes in the City Clerk's Office)
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§ 11-204 ZONING REGULATIONS; MANUFACTURED HOMES; STANDARDS.
(1) A manufactured home may be used as a residential structure if such manufactured home bears
an appropriate seal which indicates that it was constructed in accordance with the standards of the
Uniform Standard Code for Manufactured Homes and Recreational Vehicles, the Nebraska Uniform
Standards for Modular Housing Units Act, or the United States Department of Housing and Urban
Development.
(2) Manufactured homes permitted pursuant to this section shall be located and installed according
to the following standards which are applicable to site-built, single-family dwellings:
(a) The home shall be located and installed on a permanent perimeter foundation;
(b) The home shall be installed with permanent utility connections;
(c) The home shall comply with all planning and zoning regulations;
(3) Manufactured homes shall also meet the following standards:
(a) The home shall have no less than nine hundred (900) square feet of floor area;
(b) The home shall have no less than an eighteen-foot (18') exterior width;
(c) The roof shall be pitched with a minimum vertical rise of two and one-half inches (2 1/2 ")
for each twelve inches (12") of horizontal run;
(d) The exterior material shall be of a color, material, and scale comparable with those existing
in residential site-built, single-family construction;
(e) The home shall have a nonreflective roof material which is or simulates asphalt or wood
shingles, tile, or rock; and
(f) The home shall have wheels, axles, transporting lights, -and removable towing apparatus
removed.
(4) Nothing in this section shall be deemed to supersede any valid restrictive covenants of record.
(5) For purposes of this section, manufactured home shall mean (a) a factory-built structure which
is to be used as a place for human habitation, which is not constructed or equipped with a permanent
hitch or other device allowing it to be moved other than to a permanent site, which does not have
permanently attached to its body or frame any wheels or axles, and which bears a label certifying that
it was built in compliance with National Manufactured Home Construction and Safety Standards, 24
C.F.R. 3280 et seq. promulgated by the United States Department of Housing and Urban Development,
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Land Use Plan
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or (b) a modular housing unit as defined in section 71-1557 RS Neb., bearing a seal in accordance with
the Nebraska Uniform Standards for Modular Housing Units Act. (Ref 19-902 RS Neb.) (Ord. No. 615,
2/14/95) (Amended by Ord. No. 718, 4/8/99)
§ 11-205 FUEL STORAGE AND PROPANE TANKS.
All liquid fuel storage and propane storage tanks located within the City limits of Plainview shall
conform in all respects with the statutes of the State of Nebraska and the regulations of the State Fire
Marshal. Construction or installation of such a tank shall require a building permit, which shall be
processed through regular procedures for building permits. (Ord. 723, 5/11/99)
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.: ..--...,.
ARTICLE 3: CONFLICTS
§ 11-301 CONFLICTS.
Where the provisions adopted in this Chapter conflict with one another or with the provisions of
Chapter 9 of this Municipal Code, the most restrictive or stringent provisions shall govern.
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ARTICLE
4: GROUP HOMES
§ 11-401 GROUP HOMES; DEFINED.
For the purposes of this Article, unless the context otherwise requires, the term "group home" shall
mean a facility licensed by the State of Nebraska in which at least four (4) but not more than eight (8)
persons not including resident managers or house parents, who are unrelated by blood, marriage, or
adoption reside while receiving therapy, training, or counseling for the purposes of adaptation to living
with, or rehabilitation from cerebral palsy, autism, or mental retardation. (Ref 18-1744 RS Neb.)(Ord.
No. 360, 10/13/80)
§ 11-402 GROUP HOMES; ESTABLISHMENT.
A group home, as defined in Section 11-401, may be established and operated in any residential zone
within the exercised zoning jurisdiction of the Municipality, except as limited in Section 11-403. (Ref
18-1745 RS Neb.) (Ord. No. 360, 10/13/80)
§ 11-403 GROUP HOMES; ESTABLISHMENT, EXCEPTIONS.
Departments and agencies of the state are prohibited from licensing a new group home if it will be
within twelve hundred (1200') feet of an existing group home, unless the Governing Body grants the
proposed facility a conditional or special use permit. For purposes of this Section, "existing group
home" shall include, in addition to group homes defined in Section 11-401, a home of any size which
serves other populations, including but not limited to correctional homes and homes which serve people
recuperating from the effects of drugs or alcohol, mental illness, or physical disability.
The number of group homes established in the Municipality shall be limited according to the
population of the Municipality, except that the Governing Body may issue a variance to allow additional
group homes. For the Municipality with a population of one thousand (1,000) residents or less, one (1)
group home may be established, for a Municipality with of population of more than one thousand (1,000)
and less than ten thousand (10,000) residents, one (1) group home may be established for every two
thousand (2,000) residents, for a Municipality with a population of at least ten thousand (10,000)
residents but less than fifty thousand (50,000) residents, one (1) group home may be established for
every three thousand (3,000) residents. (Ref 18-1746, 18-1747 RS Neb.)(Ord. No. 360, 10/13/80)
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ARTICLE 5: PENAL PROVISION
§ 11-501 VIOLATION; PENALTY.
(Repealed by Ord. No. 744, 7111100)
For penalty provisions, see section 12-101 of Chapter 12.
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CHAPTER
12: PENAL PROVISIONS
Article
1.
PENALTY AND NUISANCE ABATEMENT
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ARTICLE 1: PENALTY AND NUISANCE ABATEMENT
§ 12-101 VIOLATIONS; PENAL TY.
(1) Any person, or any person's agent or servant, who violates any of the provisions of this
Municipal Code, unless otherwise specifically provided herein, shall be deemed guilty of an offense
and upon conviction thereof shall be fined in any sum not exceeding five hundred dollars ($500.00)
A new violation shall be deemed to have been committed every twenty-four (24) hours of failure to
comply with the provisions of this chapter.
(2) (a) Whenever a nuisance exists as defined in this Municipal Code, the Municipality may
proceed by a suit in equity to enjoin, abate, and remove the same in the manner provided by law.
(b) Whenever, in any action, it is established that a nuisance exists, the court may, together
with the fine or penalty imposed, enter an order of abatement as a part of the judgment in the case.
(Ref 17-505, 18-1720, 18-1722 RS Neb.) (Ord. No. 744, 7/11/00)
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