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(A) It shall be unlawful for any person owning, operating, managing or conducting any dance hall, restaurant, café 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 the premises pursuant to the state’s Liquor Control Act, being Neb. Rev. Stat. §§ 53-101 et seq. It shall be unlawful for any person to consume alcoholic liquor in any dance hall, restaurant, café or club or any place open to the general public except as permitted by a license issued for the premises pursuant to the Act. It shall be unlawful for any person to consume alcoholic liquor in any road, street, alley, parks or other public places.
(B) This section shall not apply to a retail licensee while lawfully engaged in the catering of alcoholic beverages.
(Prior Code, § 130.111) (Ord. 98-23, passed 7-6-1998) Penalty, see § 130.99
Statutory reference:
Similar state laws, see Neb. Rev. Stat. §§ 53-186 and 53-186.01
It shall be unlawful for any person to knowingly or intentionally possess marijuana weighing one ounce or less.
(Prior Code, § 130.112) (Ord. 98-23, passed 7-6-1998; Ord. 15-23, passed 11-2-2015) Penalty, see § 130.99
Statutory reference:
Related provision, see Neb. Rev. Stat. § 28-416(13)
It shall be unlawful for any person to use, or to possess with intent to use, drug paraphernalia to manufacture, inject, ingest, inhale or otherwise introduce into the human body a controlled substance as defined by state statute.
(Prior Code, § 130.113) (Ord. 98-23, passed 7-6-1998) Penalty, see § 130.99
Statutory reference:
Related provisions, see Neb. Rev. Stat. §§ 28-439 through 28-444
(A) Definition. For the purpose of this section, the phrase TOXIC VAPORS means and includes any substance containing one or more of the following chemical compounds, or the vapors of products containing the compounds:
(1) Acetone;
(2) Amylacetate;
(3) Benzol or benzene;
(4) Butyl acetate;
(5) Butyl alcohol;
(6) Carbon tetrachloride;
(7) Chloroform;
(8) Cyclohexanone;
(9) Ethanol or ethyl alcohol;
(10) Ethyl acetate;
(11) Hexane;
(12) Isopropanol or isopropyl alcohol;
(13) Isopropyl acetate;
(14) Methyl “cellosolve” acetate;
(15) Methyl ethyl ketone;
(16) Methyl isobutyl ketone;
(17) Toluol or toluene;
(18) Trichloroethylene;
(19) Triorthoscresyl phosphate;
(20) Xylol or xylene; or
(21) Any other solvent, material, substance, chemical, or combination thereof, having the property of releasing TOXIC VAPORS.
(B) Examples. The following serve as examples of common products containing toxic vapor compounds, but are not meant to limit the prohibitions contained herein: Spray paint; model airplane glue; non-water-soluble household glue; nail polish remover; and paint thinner.
(C) Intentional use for the purpose of intoxication; possession by minors; sale.
(1) It shall be unlawful for any person to intentionally smell or inhale the fumes of toxic vapors or to induce any other person to do so for the purpose of causing a condition of, or inducing symptoms of, intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, paralysis, stupefaction or dulling of the senses of the nervous system, or for the purpose of, in any manner, changing, distorting or disturbing the auditory, visual or mental processes.
(2) It shall be unlawful for any person to be intentionally under the influence of any toxic vapors.
(3) It shall be unlawful for any minor to be in possession of any toxic vapors or substances containing toxic vapors under circumstances which evidence a purpose by the minor to be under the influence of any such toxic vapors. The term MINOR, as it is used in this section, shall mean any person under 18 years of age.
(4) It shall be unlawful for any person knowingly to sell or offer for sale, deliver or give away to any other person any substance containing or releasing toxic vapors, where the seller, offerer, deliverer or donor knows or has reason to believe that the substance will be used for the purpose of inducing a condition of or inducing symptoms of intoxication, elation, euphoria, dizziness, excitement, irrational behavior, exhilaration, paralysis, stupefaction or dulling of the senses of the nervous system, or for the purpose of in any manner, changing, distorting or disturbing the auditory, visual or mental processes.
(D) Exceptions. This section shall not apply to the inhalation of anesthesia for medical or dental purposes.
(Prior Code, § 130.114) (Ord. 97-16, passed 8-4-1997) Penalty, see § 130.99
Statutory reference:
Related state laws, see Neb. Rev. Stat. §§ 28-419 through 28-424
(A) Whoever violates any provision of this general offenses title for which no specific penalty is provided shall be punished as set forth in § 10.99.
(B) Any person failing to appear or otherwise comply with the command of a citation issued under this general offenses title shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine of not more than $500, or by imprisonment in the County Jail for not more than three months, or by both the fine and imprisonment.
(Prior Code, § 130.999)
(C) Any person who violates § 130.32 of this code shall be guilty of an infraction, receive a citation, be fined according to the provisions herein, which provide the court discretion in assessing a penalty fine up to $500.
(Prior Code, § 130.112)
(D) Any person who violates § 130.33 of this code shall be guilty of an infraction, receive a citation and be fined $100.
(Prior Code, § 130.113)
(Ord. 97-16, passed 8-4-1997; Ord. 98-23, passed 7-6-1998; Ord. 98-41, passed 11-2-1998; Ord. 15-23, passed 11-2-2015)