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(A) A person commits first degree criminal trespass if:
(1) He or she enters or secretly remains in any building or occupied structure, or any separately secured or occupied portion thereof, knowing that he or she is not licensed or privileged to do so; or
(2) He or she enters or remains in or on a public power infrastructure facility knowing that he or she does not have the consent of a person who has the right to give consent to be in or on the facility.
(B) First degree criminal trespass is a Class I misdemeanor.
(C) For purposes of this section, PUBLIC POWER INFRASTRUCTURE FACILITY means a power plant, an electrical station or substation, or any other facility which is used by a public power supplier as defined in Neb. RS 70-2103 to support the generation, transmission, or distribution of electricity and which is surrounded by a fence or is otherwise enclosed.
(D) (1) A person commits second degree criminal trespass if, knowing that he or she is not licensed or privileged to do so, enters or remains in any place as to which notice against trespass is given by:
(a) Actual communication to the actor; or
(b) Posting in a manner prescribed by law or reasonably likely to come to the attention of intruders; or
(c) Fencing or other enclosure manifestly designed to exclude intruders, except as otherwise provided in division (A) of this section.
(2) A person commits second degree criminal trespass if, knowing that he or she is not licensed or privileged to do so, he or she intentionally causes an electronic device, such as an unmanned aircraft, to enter into, upon, or above the property of another, including such property owned by such person and leased or rented to another, with the intent to observe another person without his or her consent in a place of solitude or seclusion.
(3) For purposes of this section, unmanned aircraft means an aircraft, including an aircraft commonly known as a drone, which is operated without the possibility of direct human intervention from within or on the aircraft.
(4) Second degree criminal trespass is a Class III misdemeanor, except as provided for in division (D)(3)(5) of this section.
(5) Second degree criminal trespass is a Class II misdemeanor if the offender defies an order to leave personally communicated to him or her by the owner of the premises or other authorized person.
(1976 Code, § 6-205) (Ord. 1539, passed 1-9-2023) Penalty, see § 130.99
Statutory reference:
Related provisions, see Neb. RS 28-588, 28-588.01
(A) A person commits criminal mischief if he or she:
(1) Damages property of another intentionally or recklessly;
(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 $500 or more, but less than $5,000; or
(2) If the actor intentionally, maliciously or recklessly causes pecuniary loss in an amount of less than $500 or if his or her action results in no pecuniary loss.
(1976 Code, § 6-206) (Ord. 1461, passed 2-8-2016; Ord. 1468, passed 2-16-2017) Penalty, see § 130.99
Statutory reference:
Related provisions, see Neb. RS 28-519
It shall be unlawful for any person to consume alcoholic beverages in the public streets, alleys, roads, highways or upon any property owned by the municipality or other governmental subdivision thereof, or inside vehicles while upon the public streets, alleys, roads or highways, in theaters, dance halls or any other place open to the public; provided, the provisions of this section shall not apply to liquor establishments licensed by the state.
(1976 Code, § 6-215) Penalty, see § 130.99
Statutory reference:
Related provisions, see Neb. RS 53-186
It shall be unlawful for any person to breathe or inhale any substance for the purpose of inducing a condition of intoxication, depression, exhilaration or in any other distorting or disturbing state which affects the auditory, visual or nervous processes. Any person who shall sell or offer for sale any container of a substance producing such an affect and having the property of releasing toxic vapors shall be guilty of a misdemeanor if he or she has cause to suspect that the product sold will be used in violation of this section.
(1976 Code, § 6-216) Penalty, see § 130.99
Statutory reference:
Related provisions, see Neb. RS 28-4,109, 28-4,110
(A) Except as provided in division (C) below, any person who performs, offers or agrees to perform any act of sexual contact or sexual penetration, as those terms are defined in Neb. RS 28-318, with any person not his or her spouse, in exchange for money or other thing of value, commits the offense of prostitution.
(B) It is an affirmative defense to prosecution under this section that such person was a trafficking victim, as defined in Neb. RS 28-830.
(C) If the law enforcement officer determines, after a reasonable detention for investigative purposes, that a person suspected of or charged with a violation of division (A) above is a person under 18 years of age, such person shall be immune from prosecution for a prostitution offense under this section and shall be subject to temporary custody under Neb. RS 43-248 and further disposition under the state’s Juvenile Code. A law enforcement officer who takes a person under 18 years of age into custody under this section shall immediately report an allegation of a violation of Neb. RS 28-831 to the Department of Health and Human Services which shall commence an investigation within 24 hours under the Child Protection and Family Safety Act.
(1976 Code, § 6-223) (Ord. 1448, passed 12-23-2013; Ord. 1455B, passed 2-9-2015) Penalty, see § 130.99
Statutory reference:
Related provisions, see Neb. RS 28-801
(A) 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.
(1976 Code, § 6-224)
(B) 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.
(1976 Code, § 6-225)
Penalty, see § 130.99
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.
(1976 Code, § 6-232) Penalty, see § 130.99
Statutory reference:
Related provisions, see Neb. RS 28-411
(A) 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.
(B) Any person or persons so assembled or gathered shall be deemed to be guilty of a misdemeanor.
(1976 Code, § 6-233) Penalty, see § 130.99
Statutory reference:
Related provisions, see Neb. RS 28-818
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