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(A) 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:
(1) 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
(2) The litter is placed in a receptacle or container installed on such property for such purpose.
(B) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
LITTER. 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. Any material appearing in a place or in a context not associated with that material’s function or origin.
(C) 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.
(1976 Code, § 6-241) (Ord. 1155, passed 2-6-1995) Penalty, see § 130.99
Statutory reference:
Related provisions, see Neb. RS 28-523
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 except for underground or invisible electric fences made for the containment of pets by use of a collar and not harmful to or affecting persons or other animals.
(1976 Code, § 6-242) Penalty, see § 130.99
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 or she shall first remove all doors and make the same reasonably safe.
(1976 Code, § 6-243) Penalty, see § 130.99
Statutory reference:
Related provisions, see Neb. RS 18-1720
(A) Street games. It shall be unlawful for any person to play catch, bat a ball, kick or throw a football, or to engage in any exercise or sport upon the municipal streets and sidewalks. Nothing herein shall be construed to prohibit or prevent the governing body from ordering from time to time certain streets and public places blocked off for the purpose of providing a safe area to engage in such exercise and sport.
(1976 Code, § 6-244)
(B) Obstruction of public ways. It shall be unlawful for any person to permit, erect, maintain, allow or suffer to remain on any street, alley, sidewalk or other public way within the municipality any obstruction, stand, wagon, display or other obstacle inconvenient to, or inconsistent with, the public use of the same.
(1976 Code, § 6-245)
(C) 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.
(1976 Code, § 6-246)
(Ord. 973, passed 5-15-1989; Ord. 998, passed 1-22-1990) Penalty, see § 130.99
(A) Lots or pieces of ground within the municipality or within it extraterritorial zoning jurisdiction 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 municipality or within its extraterritorial zoning jurisdiction shall keep the lot or piece of ground and the adjoining streets and alleys free of any growth of 12 inches or more in height of weeds, grasses or worthless vegetation.
(C) The throwing, depositing or accumulation of litter on any lots or piece of ground within the municipality or within its extraterritorial zoning jurisdiction is prohibited.
(D) It is hereby declared to be a nuisance to permit or maintain any growth of 12 inches or more in height of weeds, grasses or worthless vegetation on any lots or piece of ground within the municipality or within its extraterritorial zoning jurisdiction 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 municipality shall establish the method of notice by ordinance. If notice is given by first class mail, such mail shall be conspicuously marked as to it importance. Within five days after receipt of such notice, the owner or occupant of the lot or piece of ground may request a hearing with the municipality to appeal the decision to abate or remove a nuisance by filing a written appeal with the office of the Clerk. A hearing on the appeal shall be held within 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 business days after the conclusion of the bearing. If the appeal fails, the municipality may have such work done. Within five days after receipt of such notice, if the owner of the lot or piece of ground does not request a hearing with the municipality or fails to comply with the order to abate, and remove the nuisance, the municipality may have such work done.
(2) The cost and expenses of any such work shall be paid by the owner. If unpaid for two months after such work is done, the municipality may either:
(a) Levy and assess the costs and expenses of the work upon the lot or piece of ground so benefitted as a special assessment in the same manner as other special assessments of 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;
(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 (Sbrghum halepense), nodding or musk thistle, quack grass (Agroyronrepens), perennial sow thistle (Sonchu’s arvensis), horse nettle (Solanim carolinense), bull thistle (Cirsium lanceolatum), buckthorn (Rhamnus sp.) (tourn), hemp plant (Cannabis sativa) and ragweed (Ambrosiaceae).
(1976 Code, § 6-247) (Ord. 687, passed 8-19-1982; Ord. 1042, passed 8-19-1991; Ord. 1164, passed 7-10-1995; Ord. 1367, passed 11-8-2004; Ord. 1412, passed 2-22-2010; Ord. 1446, passed 12-23-2013; Ord. 1461, passed 2-8-2016; Ord. 1479, passed 2-5-2018) Penalty, see § 130.99
Statutory reference:
Related provisions, see Neb. RS 17-563
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