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(A) It shall be unlawful for any person in the city, officers of the law and persons holding a valid state concealed carry permit excepted, to carry concealed on or about his or her person any pistol or revolver. It shall be unlawful for any person in the city to carry concealed or about his or her person any Bowie knife, dirk or knife with a dirk blade attachment, brass or iron knuckles or any other dangerous or deadly weapon. If upon the trial of any case arising under the terms of this section it shall clearly and satisfactorily appear from the testimony that the accused was, at the time of carrying any weapon as aforesaid, engaged in the pursuit of a lawful business or employment and that the circumstances in which the accused was placed were such as to justify a prudent person in carrying the weapon found upon the person for the person’s own defense or the defense of the person’s family, that person shall be acquitted.
(B) This section does not apply to a person who has a valid permit issued under the state’s Concealed Handgun Permit Act if the concealed handgun being carried is a handgun as defined in Neb. Rev. Stat. § 69-2429. Even with a valid permit, no person shall carry a concealed handgun into municipal buildings and/or municipal parks.
(Prior Code, § 130.051) (Ord. 97-16, passed 8-4-1997; Ord. 09-21, passed 7-20-2009) Penalty, see § 133.99
Statutory reference:
Similar state laws, see Neb. Rev. Stat. §§ 28-1201 and 28-1202
(A) (1) It shall be unlawful for any persons to possess, sell, offer for sale or discharge any pyrotechnics, commonly known as consumer fireworks, of any description whatsoever within the corporate limits of the city, except those fireworks which comply with the State Fire Marshall’s rules and regulations, as adopted at the time of the effective date hereof, and which may be amended from time to time.
(2) Such consumer fireworks shall be sold only by a person who holds a permit from the city to do so in accordance with the provisions of § 133.04 of this code, and the consumer fireworks shall be sold only from June 25 through July 4 between the hours of 8:00 a.m. and 10:00 p.m. Consumer fireworks may also be sold from December 29 through December 31 from 8:00 a.m. until 10:00 p.m. This subchapter does not apply to novelty items such as toy cap and toy cap pistols which may be sold, possessed or discharged at any time. This subchapter shall apply to pyrotechnic exhibitions and display when duly authorized and permitted by the State Fire Marshal pursuant to the laws of the state. All applicants for such displays within the corporate limits of the city shall make application to the City Clerk 45 days prior to discharging. This subchapter shall not apply to the sale, storage or use of railroad track torpedoes or their signaling devices used by railroads, nor to the sale, storage or use of flashlight composition by photographers or dealers of photographic supplies.
(B) Any person who shall sell or offer for sale consumer fireworks in the city, or any person employed by another to sell or offer for sale such fireworks, must be at least 18 years of age, except those persons who are 14 through 18 inclusive may, when working in the direct presence and supervision of an adult 21 years or older, sell or offer for sale the fireworks. During the hours of sale, the attendants shall restrict smoking to 50 feet or further from the structure and shall restrict the discharge of fireworks at least 300 feet or further from the structure. No matches shall be sold or given away from said structure.
(Prior Code, § 130.052) (Ord. 99-15, passed 4-19-1999; Ord. 02-59, passed 11-4-2002; Ord. 06-09, passed 2-21-2006; Ord. 11-08, passed 3-21-2011) Penalty, see § 133.99
(A) Any person desiring to sell any consumer fireworks as set forth in § 133.03 of this code shall make application on a form prepared by the Fire Chief or designee. The application for a permit to sell consumer fireworks shall be filed with the City Clerk. The application shall provide the following information:
(1) The name and address of the applicant;
(2) Location of the premises for which the permit is sought;
(3) The legal description of the premises, a site plan showing the location of the structure on the premises and a description of the structure to be used;
(4) Type of structure to be used:
(a) Temporary structure (stand); or
(b) Tent.
(5) Where inventory will be stored;
(6) When inventory will arrive;
(7) Where inventory will be stored during the off season; and
(8) Certificate of insurance in the amount to be set by resolution and naming the city as an additional insured.
(B) The applicant for a permit shall pay a fee as set by resolution to the City Clerk at the time of submitting the application for each of the premises from which the fireworks are to be sold and shall otherwise comply with all regulations and conditions as set forth herein providing this application is received in the Clerk’s office by 5:00 p.m. on June 10 of the year for which the application is being made. From June 11 through June 18, there will be a late fee charge as set by resolution, plus the original fee; from June 19 through June 25, a late fee as set by resolution, plus the original fee and the first late fee. Applications for New Year’s Eve firework sales must be received by the City Clerk’s office by 5:00 p.m. on December 19 of the year for which the application is being made. If any of the above dates fall on a weekend, the deadline would be the following Monday by 5:00 p.m.
(C) The following regulations apply to the premises from which said fireworks shall be sold.
(1) No permanent building shall be used for the sale of fireworks to the general public. Temporary structures (stands) from which sales are made shall be either:
(a) Constructed of a substantial material, which shall consist of at least three-eighths inch plywood with three enclosed sides and a counter at one side only, with emergency doors installed at both ends with a minimum width of the doors being 28 inches and a height of at least six feet and the doors shall swing with the direction of exiting traffic; or
(b) Not more than two side-by-side Sea Cargo Containers (Conex) with full width doors (eight feet by eight feet) that can be secured on both ends and with the counter on the inside. The structure shall be in place ready for inspection by 12:00 p.m. on the Thursday before June 25 and 12:00 p.m. on the Thursday before December 29 with arrangements being made with the Fire Department.
(2) Temporary structures (stands) where fireworks are sold cannot exceed 424 square feet.
(3) Tents shall not exceed 2,400 square feet and shall comply with National Fire Protection Association (NFPA) 1124 Chapters 7 and 8. Tents can only be placed in commercial zoned areas and they must have a 30-foot set back from adjoining property.
(4) Premises from which fireworks are to be sold must conform with all zoning regulations.
(5) Premises from which fireworks are to be sold cannot be closer than 25 feet to any permanent building.
(6) Premises from where fireworks are to be sold must be at least 100 feet from any station, building or permanent storage where gasoline and oil for motor vehicles are sold or stored, to include propane dispensers, aboveground tanks for flammable or flammable liquids, flammable gases or flammable liquefied gases.
(7) A distance of at least 300 feet shall be maintained from bulk flammable or combustible liquid, flammable gas or flammable liquefied gas (propane) tanks or dispensers.
(8) Temporary structures (stands) from where fireworks are to be sold must be equipped with one two and one-half gallon pressurized fire extinguisher for each 424 square feet of permitted sales area and one ten-pound Class A fire extinguisher. Tents from where fireworks are to be sold must be equipped with two and one-half gallon pressurized fire extinguishers as follows: A 40-foot by 20-foot tent shall have two extinguishers; a 40-foot by 40-foot tent shall have three extinguishers; and a 40-foot by 60-foot tent shall have four extinguishers. All tents shall, in addition, have one ten-pound, Class A fire extinguisher.
(9) In addition to all other requirements and regulations of the city, all fireworks stands or places of sale of fireworks, shall be located and set back at least 25 feet from the nearest curb line of any public right-of-way, or in the alternative, the selling windows of the fireworks stand must face away from the curb lines or any public right-of-way, which are within 25 feet of said selling window.
(10) The following commercially-made signs, with at least four inches high by one-half inch wide block lettering of permanent design of black against white background shall be installed on all four sides of the structure from which fireworks are to be sold. Said signs shall state:
(a) Fireworks: No smoking within 50 feet;
(b) No fireworks discharged within 300 feet;
(c) No parking within 12 feet; and
(d) Firework discharge is only permitted in the city from: June 25 through July 3, 8:00 a.m. to 11:00 p.m. and July 4 8:00 a.m. to 12:00 a.m. (midnight); and December 29 through December 30, 8:00 a.m. to 12:00 a.m. (midnight) and December 31, 8:00 a.m. to January 1, 1:00 a.m. This sign shall include the same statement in Spanish: La descarga de fuegos artificiales son solamente permitidos en la ciudad: Del 25 de Junio al 3 de Julio, de 8:00 a.m. a 11:00 p.m. y el 4 de Julio, de 8:00 a.m. a 12:00 a.m. (medianoche); y del 29 al 30 de Diciembre, de 8:00 a.m. a 12:00 a.m. (medianoche) y del 31 de Diciembre, de 8:00 a.m. al primero de Enero, a la 1:00 a.m.
(11) The address of the stand, name of licensee, name of manager and the telephone number of the licensee/manager shall be displayed on a sign with lettering no less than two and one-half inches high by one-half inch wide block lettering of permanent design of black against white background (no paper signs will be accepted). The sign shall be firmly attached to the structure so that the sign may be visible from the fronting street or avenue.
(12) The area around a fireworks sales facility shall be kept clear of dry grass, brush and combustible debris for a distance of at least 30 feet.
(13) A vehicle or trailer used for fireworks storage shall be parked at least 12 feet from a fireworks sales facility.
(D) Stands and tents which are equipped with electrical service must meet the following conditions:
(1) Have its own exclusive electrical services or heavy wiring which is elevated for adequate motor vehicle clearance;
(2) Have all electrical work done in such a manner as to conform to the current, as adopted, National Electrical Code;
(3) Have protective covers over all light bulbs which are less than eight feet from ground level;
and
(4) Have portable generators at least 20 feet from fireworks sales.
(a) Fuel for generators shall be limited to five gallons for diesel and two gallons for gasoline.
(b) Fuel storage shall be at least 20 feet from fireworks sales.
(E) During a time period in which sales are not permitted, storage of fireworks shall be limited to business and industrial zoned areas and the location must meet with approval of the Fire Chief before permission is granted for the storage of fireworks.
(F) The permit shall be valid for a period from June 25 through July 4 of the year in which it is issued. In addition, in accord with the provisions of Neb. Rev. Stat. § 28-1249, a permit may be issued for a period from December 29 of that year through January 1 of the following year. Upon payment of the permit fees, as set by resolution, and approval of the premises by the Fire Chief, the permit shall be issued by the city to the applicant. Sales of consumer fireworks for the period of December 29 through December 31 will require a permit to be applied for and paid for by the applicant. All application fees are non-refundable.
(G) (1) Consumer fireworks to be sold from tents may be stored on site during the time period for which a permit is valid. The permit holder shall maintain sufficient security personnel on the site of the sales facility at all times when fireworks are stored on the site while the sales facility is closed. Any violation of this section will result in the immediate revocation of the permit to sell fireworks. Violations include:
(a) Failure to have security personnel on site; and/or
(b) Security personnel on site observed to be smoking or with alcohol or other dereliction of duty to secure the site.
(2) Observation of these violations can be made and reported by any sworn police officer or sworn firefighter of the city.
(Prior Code, § 130.053) (Ord. 99-15, passed 4-19-1999; Ord. 02-59, passed 11-4-2002; Ord. 06-09, passed 2-21-2006; Ord. 11-08, passed 3-21-2011; Ord. 17-04, passed 3-6-2017; Ord. 18-28, passed 9-4-2018) Penalty, see § 133.99
(A) Consumer fireworks may be discharged from June 25 through July 3 between the hours of 8:00 a.m. and 11:00 p.m. and on July 4 between the hours of 8:00 a.m. and 12:00 a.m. (midnight) and for the period of December 29 through December 30 from 8:00 a.m. to 10:00 p.m. and on December 31 from 8:00 a.m. to 1:00 a.m. on January 1.
(B) It shall be unlawful to discharge fireworks from 12:00 a.m. (midnight) on July 4 to 8:00 a.m. on December 29 of that year and from 1:00 a.m. on January 1 of the following year to 8:00 a.m. on June 25 of that year.
(Prior Code, § 130.054) (Ord. 99-15, passed 4-19-1999; Ord. 02-59, passed 11-4-2002; Ord. 06-09, passed 2-21-2006; Ord. 11-08, passed 3-21-2011; Ord. 18-28, passed 9-4-2018) Penalty, see § 133.99
THEFT
(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DEVICE. Instrument, apparatus, equipment or plans or instructions for making or assembling the same.
SERVICES. Labor; professional services; electric service, telecommunications service or other public service; accommodation in hotels, restaurants or elsewhere; admission to exhibitions; and use of vehicles or other movable property.
TELECOMMUNICATIONS SERVICE. Telephone service, cable television service or internet service.
(B) (1) It shall be unlawful for any person to obtain services valued at less than $500 by deception, threat, false token or other means to avoid payment for the service, which services that person knows
or should know are available only for compensation.
(2) When compensation for service is ordinarily paid immediately upon the rendering of the service, as in the case of hotels and restaurants, refusal to pay or absconding without payment or offer to pay shall give rise to the presumption regarding the intention to pay that the service was obtained by deception.
(C) It shall be unlawful for any person having control over the disposition of the services of others, to which services that person is not entitled, to divert the services to that person’s own benefit or to the benefit of another not entitled thereto.
(D) It shall be unlawful for any person, with the intent to use the device in the commission of an offense described in division (B) above, to knowingly make or possess any device designed to or commonly used to fraudulently obtain telecommunications service from a telephone, cable television or internet provider.
(E) It shall be unlawful for any person, with the intent to fraudulently obtain telecommunications service, to knowingly tamper, interfere or connect with any cables, wires, converters or other devices used for the distribution of telecommunications service by any mechanical, electrical, acoustical or other means without authority from the operator of the service.
(F) It shall be unlawful for any person to sell, give, transfer, offer or advertise for sale a device which the person knows or should know is intended to be used for the purpose of fraudulently obtaining telecommunications service.
(Prior Code, § 130.065) (Ord. 97-16, passed 8-4-1997) Penalty, see § 133.99
(A) It shall be unlawful for any person to knowingly or intentionally commit petit larceny.
(B) PETIT LARCENY, as it is used in this section, shall mean a larceny or theft of money, goods or chattels of any kind whatever of less value than $500.
(Prior Code, § 130.066) (Ord. 97-16, passed 8-4-1997) Penalty, see § 133.99
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