(A) When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular, and words in the singular number include the plural. The word “shall” is always mandatory and not merely directory.
(B) For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein:
EMERGENCY. An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, natural disaster, vehicle accident, disaster, riot or civil commotion, act of God, or any situation which requires immediate action to prevent serious bodily injury or loss of life, or which involves conditions which impair transportation, food or fuel supplies, medical care, fire, health or police protection or other vital facilities of the city.
ESTABLISHMENT. Any privately-owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.
PUBLIC PLACE. Any place to which the public or a substantial group of the public has access and includes, but is not limited to, sheets, common areas of schools, shopping centers, parking lots, parks, playgrounds, transportation facilities, theaters, restaurants, shops, bowling alleys, taverns, cafes, arcades and similar areas that are open to the use of the public. As a type of public place, a street is a way or place, of whatever nature, open to the use of the public as a matter of right for purposes of vehicular travel or in the case of a sidewalk thereof for pedestrian travel. “Street” includes that legal right of way, including but not limited to the cartway of traffic lanes, the curb, the sidewalks, whether paved or unpaved, and any grass plots or other grounds found within the legal right of way of a street.
REMAIN. To stay behind and to stay unnecessarily in a public place.
TIME OF NIGHT. Referred to herein is based upon the prevailing standard of time generally observed at that hour by the public in the city; prima facie the time then observed in the city administrative offices and police stations.
(C) The mayor, or the council president in the event of his/her inability to act, shall have the authority to declare an emergency within the city whenever conditions arise by reason of war, conflagration, flood, heavy snow storm, blizzard, catastrophe, disaster, riot or civil commotion, or acts of God, including conditions, without limitation because of enumeration, which impair transportation, food or fuel supplies, medical care, fire, health or police protection or other vital facilities of the city. Pursuant to Neb. RS § 81-829.50, the mayor has the ability to declare an emergency. This section will allow the mayor, his/her designee, the council president in the event the mayor is unavailable, and the chief of police powers to restrict activities after the declaration of an emergency. Said orders shall only be in effect for seventy-two (72) hours. Any extension required after seventy-two (72) hours will require council approval.
(1) The mayor or the council president in the event of his/her inability to act, is hereby authorized, if he/she finds that the city or any part thereof is suffering or is in imminent danger of suffering civil disturbance, disorder, riot or other occurrence which will seriously and substantially endanger the health, safety and property of the citizens, to declare a state of emergency.
(2) Whenever, in the judgment of the mayor or the council president in the event of his/her inability to act, an emergency exists within the city, he/she shall have power to impose by proclamation any regulations necessary to preserve the peace and order of the city.
(3) After proclamation of an emergency, or any order thereunder, the mayor or other person authorized to do so under this article shall forthwith provide for notice thereof to be given to members of the council, and any state or other local agencies are required under Nebraska law.
(4) After proclamation of an emergency, the following orders may be made and shall only be in effect for seventy-two (72) hours unless otherwise extended by the city council:
(a) The chief of police may issue an order prohibiting or limiting the number of persons who may gather or congregate upon the public highways, public streets, or public sidewalks, or in any outdoor place, except persons who are awaiting transportation, engaging in recreational activities at a usual and customary place, traveling to and from employment, or peaceably entering or leaving buildings.
(b) The chief of police may establish a curfew limiting the hours when persons may go upon or travel the public streets.
(c) The mayor or the council president in the event of his/her inability to act, may require the closing of cocktail lounges, taverns and bars and prohibit the sale or service of alcoholic beverages in any hotel, restaurant, club or other establishment, and require the closing of all other business establishments.
(d) The mayor or the council president in the event of his/her inability to act may prohibit or restrict the sale of gasoline or other inflammable liquids.
(e) The mayor, or the council president in the event of his/her inability to act, his/her designee, or the chief of police may do any and all things and take such measures as are necessary to preserve the health, safety, and property of the citizens of this community.
(D) The proclamation shall continue in effect until the principal executive officer finds that the disaster or emergency has been dealt with to the extent that those conditions no longer exist. The local governing body by resolution may terminate a local state of emergency proclamation at any time, and upon such termination the principal executive officer shall terminate the proclamation. Any order or proclamation declaring, continuing, or terminating a local emergency shall be given prompt and general publicity by posting the same to the City of Bellevue’s official social media sites and the City of Bellevue’s official website. The proclamation shall be filed promptly with the clerk of the local government who shall post the same on their bulletin board outside their office during the duration of the declaration and the Nebraska Emergency Management Agency.
(E) Any person who violates any of the prohibitions or provisions of any section of this chapter or any rules, regulations, or orders of the mayor or chief of police under this chapter shall be deemed guilty of a misdemeanor. The penalty for such violation shall be a fine in any sum not exceeding $500 or imprisoned six months, or both said fine and imprisonment at the discretion of the sentencing court.
(Ord. 3999, § 1, passed 7-7-2020)