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(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
(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED VEHICLE.
(1) A motor vehicle is an ABANDONED VEHICLE:
(a) If left unattended, with no license plates or valid In Transit stickers issued pursuant to the Motor Vehicle Registration Act affixed thereto, for more than six hours on any public property;
(b) If left unattended for more than 24 hours on any public property, except a portion thereof on which parking is legally permitted;
(c) If left unattended for more than 48 hours, after the parking of such vehicle has become illegal, if left on a portion of any public property on which parking is legally permitted;
(d) If left unattended for more than seven days on private property if left initially without permission of the owner, or after permission of the owner is terminated;
(e) If left for more than 30 days in the custody of a city law enforcement agency after the agency has sent a letter to the last-registered owner and lienholder under division (D) of this section; or
(f) If removed from private property by the city pursuant to a city ordinance or this code.
(2) An all-terrain vehicle or minibike is an ABANDONED VEHICLE:
(a) If left unattended for more than 24 hours on any public property, except a portion thereof on which parking is legally permitted;
(b) If left unattended for more than 48 hours, after the parking of such vehicle has become illegal, if left on a portion of any public property on which parking is legally permitted;
(c) If left unattended for more than seven days on private property if left initially without permission of the owner, or after permission of the owner is terminated;
(d) If left for more than 30 days in the custody of a city law enforcement agency after the agency has sent a letter to the last-registered owner and lienholder under division (D) of this section; or
(e) If removed from private property by the city pursuant to a city ordinance or this code.
(3) A MOBILE HOME is an abandoned vehicle if left in place on private property for more than 30 days after a local governmental unit, pursuant to an ordinance or resolution, has sent a certified letter to each of the last-registered owners and posted a notice on the mobile home, stating that the mobile home is subject to sale or auction or vesting of title as set forth in Neb. RS 60-1903.
(4) No motor vehicle subject to forfeiture under Neb. RS 28-431 shall be an ABANDONED VEHICLE under this section.
MOBILE HOME. A movable or portable dwelling constructed to be towed on its own chassis, connected to utilities, and designed with or without a permanent foundation for year-round living. It may consist of one or more units that can be telescoped when towed and expanded later for additional capacity, or of two or more units, separately towable but designed to be joined into one integral unit, and shall include a manufactured home as defined in Neb. RS 71-4603. MOBILE HOME does not include a mobile home or manufactured home for which an affidavit of affixture has been recorded pursuant to Neb. RS 60-169.
PRIVATE PROPERTY. Any privately owned property which is not included within the definition of public property.
PUBLIC PROPERTY. Any public right-of-way, street, highway, alley, or park or other state, county, or city-owned property.
(B) If an abandoned vehicle, at the time of abandonment, has no license plates of the current year or valid In Transit stickers issued pursuant to Neb. RS 60-376 affixed and is of a wholesale value, taking into consideration the condition of the vehicle, of $500 or less, title shall immediately vest in the city. Any certificate of title issued under this division to the city shall be issued at no cost to the city.
(C) (1) Except for vehicles governed by division (B) of this section, the city shall make an inquiry concerning the last-registered owner of such vehicle as follows:
(a) Abandoned vehicle with license plates affixed, to the jurisdiction which issued such license plates; or
(b) Abandoned vehicle with no license plates affixed, to the Department of Motor Vehicles.
(2) The city shall notify the last-registered owner, if any, and any lienholder, if any, within 15 business days that the vehicle in question has been determined to be an abandoned vehicle and that, if unclaimed, either:
(a) It will be sold or will be offered at public auction after five days from the date such notice was mailed; or
(b) Title will vest in the city 30 days after the date such notice was mailed.
(3) If the agency described in division (C)(1)(a) or (b) of this section also notifies the city that a lien or mortgage exists, such notice shall also be sent to the lienholder or mortgagee. Any person claiming such vehicle shall be required to pay the cost of removal and storage of such vehicle.
(4) Title to an abandoned vehicle, if unclaimed, shall vest in the city:
(a) Five days after the date the notice is mailed if the vehicle will be sold or offered at public auction under division (C)(2)(a) of this section;
(b) Thirty days after the date the notice is mailed if the city will retain the vehicle; or
(c) If the last-registered owner cannot be ascertained, when notice of such fact is received.
(5) After title to the abandoned vehicle vests pursuant to division (C)(4) of this section, the city may retain for use, sell, or auction the abandoned vehicle. If the city has determined that the vehicle should be retained for use, the city shall, at the same time that the notice, if any, is mailed, publish in a newspaper of general circulation in the jurisdiction an announcement that the city intends to retain the abandoned vehicle for its use and that title will vest in the city 30 days after the publication.
(D) (1) If a city law enforcement agency has custody of a motor vehicle for investigatory purposes and has no further need to keep it in custody, it shall send a certified letter to each of the last-registered owners, if any, and lienholders, if any, within 15 calendar days stating that the vehicle is in the custody of the law enforcement agency, that the vehicle is no longer needed for law enforcement purposes, and that after 30 days the agency will dispose of the vehicle.
(2) This division shall not apply to motor vehicles subject to forfeiture under Neb. RS 28-431.
(3) No storage fees shall be assessed against the registered owner of a motor vehicle held in custody for investigatory purposes under this division (D) unless the registered owner or the person in possession of the vehicle when it is taken into custody is charged with a felony or misdemeanor related to the offense for which the law enforcement agency took the vehicle into custody. If a registered owner or the person in possession of the vehicle when it is taken into custody is charged with a felony or misdemeanor but is not convicted, the registered owner shall be entitled to a refund of the storage fees.
(E) (1) A law enforcement agency is authorized to remove an abandoned or trespassing vehicle from private property upon the request of the private property owner on whose property the vehicle is located and upon information indicating that the vehicle is an abandoned or trespassing vehicle. After removal, the law enforcement agency with custody of the vehicle shall follow the procedures in Neb. RS 60-1902 and 60-1903.
(2) A law enforcement agency is authorized to contact a private towing service in order to remove an abandoned or trespassing vehicle from private property upon the request of the private property owner on whose property the vehicle is located and upon information indicating that the vehicle is an abandoned or trespassing vehicle. A vehicle towed away under this division is subject to Neb. RS 52-601.01 through 52-605 and 60-2410 by the private towing service which towed the vehicle.
(3) A private property owner is authorized to remove or cause the removal of an abandoned or trespassing vehicle from such property and may contact a private towing service for such removal. A private towing service that tows the vehicle shall notify, within 24 hours, the designated law enforcement agency in the jurisdiction from which the vehicle is removed and provide the registration plate number, the vehicle identification number, if available, the make, model, and color of the vehicle, and the name of the private towing service and the location, if applicable, where the private towing service is storing the vehicle. A vehicle towed away under this division is subject to Neb. RS 52-601.01 through 52-605 and 60-2410 by the private towing service that towed the vehicle.
(4) For purposes of this section, a trespassing vehicle is a vehicle that is parked without permission on private property that is not typically made available for public parking.
(F) If a state agency caused an abandoned vehicle described in division (A)(a)(5) or (A)(b)(4) of this section to be removed from public property in this city, the state agency shall be entitled to custody of the vehicle. If a state agency caused an abandoned vehicle described in division (A)(a)(1), (2), (3), or (4) or (A)(b)(1), (2), or (3) of this section to be removed from public property in this city, the state agency shall deliver the vehicle to the city which shall have custody.
(G) Any proceeds from the sale of an abandoned vehicle in the city's custody less any expenses incurred by the city shall be held by the city without interest, for the benefit of the owner or lienholders of such vehicle for a period of two years. If not claimed within such two-year period, the proceeds shall be paid into the general fund of the city.
(H) Neither the owner, owner's agent, owner's employee, lessee, nor occupant of the premises from which any abandoned vehicle is removed, nor the city, shall be liable for any loss or damage to such vehicle which occurs during its removal or while in the possession of the city or its contractual agent, while in the possession of a private towing service, or as a result of any subsequent disposition.
(I) No person shall cause any vehicle to be an abandoned vehicle as described in division (A)(a)(1), (2), (3), or (4) or (A)(b)(1), (2), or (3) of this section.
(J) No person other than one authorized by the city or appropriate state agency shall destroy, deface, or remove any part of a vehicle which is left unattended on a highway or other public place without license plates affixed or which is abandoned. Anyone violating this division shall be guilty of an offense.
(K) The last-registered owner of an abandoned vehicle shall be liable to the city for the costs of removal and storage of such vehicle.
(L) Any person violating the provisions of this section shall be guilty of an offense.
(1976 Code, § 6-248) (Ord. 532, passed 4-21-1977; Ord. 982, passed 9-25-1989; Ord. 1454, passed 10-20-2014; Ord. 1483, passed 2-4-2019; Ord. 1523, passed 5-2-2022) Penalty, see § 130.99
Statutory reference:
Related provisions, see Neb. RS 60-1901, 60-1902, 60-1903, 60-1903.01, 60-1903.02, 60-1904, 60-1905, 60-1906, 60-1907, 60-1908, 60-1909
(A) No person in charge or control of any property within the municipality, other than municipal property, whether as owner, tenant, occupant, lessee or otherwise, shall allow any partially dismantled, inoperable, wrecked, junked or discarded vehicle to remain on such property longer than ten days.
(B) When used in this section,
VEHICLE shall include any motor vehicle, trailer, camper, boat, boat trailer, personal water craft or other apparatus usually towed by a motor vehicle and items which require licensing to be utilized on any roadway or waterway.
(C) No unlicensed or inoperable vehicle shall be permitted to remain on any private or public property for any length of time; provided, this section shall not apply: to a vehicle in an enclosed building; to a business enterprise, operated in a lawful place and manner, when such vehicle is necessary to the lawful operation of the business; or to a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the municipality. Any vehicle allowed to remain on property in violation of this section shall constitute a nuisance and shall be abated, and any person violating this section shall be guilty of a misdemeanor.
(D) Additionally, the municipality may enter upon the property and cause said vehicle to be towed, with the owner of the property being responsible for the costs thereof.
(1976 Code, § 6-249) (Ord. 531, passed 4-21-1977; Ord. 1280, passed 9-11-2000; Ord. 1399, passed 12-4-2007) Penalty, see § 130.99
(A) (1) It shall be unlawful for any minor person to be upon the public streets or other public places, vacant lots or other unsupervised places, within the city between the hours of:
(a) Ten p.m. to 5:00 a.m. of the following day, of all days of the week, for any person under the age of 16 years; and
(b) Twelve p.m. to 5:00 a.m. of the following day, of all days of the week, for those persons of 16 and 17 years of age.
(2) Any person who would otherwise be in violation of division (A)(1) above, shall not be in violation if any of the following exceptions apply:
(a) When the minor person is accompanied by a parent, guardian or other adult person having the care or custody of such minor person;
(b) When the minor person is accompanied by an adult authorized by a parent, guardian or other adult person having the care or custody of such minor person, to take said person’s place in accompanying said minor for a designated period of time and purpose within a specified area;
(c) When the minor person is upon an emergency errand or legitimate business as directed by his or her parent, guardian or other adult person having the care or custody of such minor person;
(d) When the presence of such minor is as the result of some legitimate employment, trade, profession or occupation in which the minor person is engaged;
(e) When the minor person is upon the sidewalk or property where the minor resides;
(f) When the minor person is returning home from a school activity or an activity of a religious or other voluntary association, or a place of public entertainment, such as a movie, play or sporting event or any such activity of the kind normally attended by minors 17 years and under; provided that, when such activity terminates after or less than one hour prior to the respective curfews, the curfew shall commence one hour after the termination of such activity;
(g) When the minor is, with parental consent, engaged in normal interstate travel through the city, or originating or terminating in the city; and
(h) When the minor is married or has been married pursuant to state law, or is emancipated.
(3) It shall be unlawful for the parent, guardian or other adult person having the care or custody of a minor person to allow or permit such minor person to do any act which is prohibited by this division (A).
(4) No minor person, arrested under the provisions of this division (A) shall be placed in confinement until he or she has been taken home, or the parent, guardian or other adult person having the care or custody of such minor person has been notified, and the arresting officer has ascertained whether such minor person is within the control of his or her parents, guardian or other adult person having the care or custody of said minor person; and, if such parent, guardian or other adult person having the care or custody of said minor person shall state to such arresting officer that said minor cannot be controlled by him or her, then such minor may be proceeded against. Otherwise, the parent, guardian or other adult person having the care or custody of said minor person may also be proceeded against.
(5) Any minor under the age of 16 years of age violating the provisions of this section shall be dealt with in accordance with the Juvenile Court Law of the state and procedure thereunder.
(1976 Code, § 6-254)
(B) It shall be unlawful for any minor under the age of 17 years to loiter, wander, stroll, drive, play or otherwise be in or upon any of the streets, alleys, parks or other public places in the city on October 31 of each year, commonly known as “Halloween Night”, after the hour of 8:00 p.m. and before the hour of 5:00 a.m. of the following day, unless said minor is accompanied by a parent, guardian or other adult person having the care or custody or control of said individual under the age of 17 years; or unless said individual is engaged in lawful employment, or is traveling to and from such employment. This division (B) shall not apply in the event the individual under the age of 17 years is engaged in an emergency errand. No minor under the age of 17 years detained by city’s Police Department personnel under the provisions of this division (B) shall be placed in confinement until after efforts have been made to return said minor to his or her home, or until after the parent, guardian or other adult person having the obligation for the care, custody and control of said minor under the age of 17 years have been notified of the detention of said minor child and said parent, guardian or other adult person has informed the detaining police officer that said minor cannot be controlled by said parent, guardian or other adult person. Any individual under the age of 17 years violating the terms of this division (B) may be charged and prosecuted as provided herein notwithstanding that said minor has been taken to his or her home, or the parent, guardian or other adult person having an obligation to the care, custody and control of said individual has been informed as to the detention of said minor individual as provided herein.
(1976 Code, § 6-255)
(Ord. 565, passed 10-20-1977; Ord. 1010, passed 10-8-1990; Ord. 1220, passed 7-8-1996) Penalty, see § 130.99
It shall be unlawful for any person to:
(A) Furnish information he or she knows to be false to any peace officer or other official with the intent to instigate an investigation or an alleged criminal matter or impede the investigation of an actual criminal matter;
(B) Furnish information he or she knows to be false alleging the existence of an emergency in which human life or property are in jeopardy to any hospital, ambulance company or other person or governmental agency which deals with emergencies involving danger to life or property;
(C) Furnish any information, or cause such information to be furnished or conveyed by electric, electronic, telephonic or mechanical means, knowing the same to be false concerning the need for assistance of a Fire Department or any personnel or equipment of such Department; or
(D) Furnish any information he or she knows to be false concerning the location of any explosive in any building or other property to any person.
(1976 Code, § 6-253) (Ord. 698, passed 8-5-1982) Penalty, see § 130.99
Statutory reference:
Related provisions, see Neb. RS 28-907
(A) A person commits the crime of theft by shoplifting when he or she, with the intent of appropriating merchandise to his or her own use without paying for the same or to deprive the owner of possession of such property or its retail value, in whole or in part, does any of the following:
(1) Conceals or takes possession of the goods or merchandise of any store or retail establishment;
(2) Alters the price tag or other price marking on goods or merchandise of any store or retail establishment;
(3) Transfers the goods or merchandise of any store or retail establishment from one container to another;
(4) Interchanges the label or price tag from one item of merchandise with a label or price tag from another item of merchandise; or
(5) Causes the cash register or other sales recording device to reflect less than the retail price of the merchandise.
(B) In any prosecution for theft by shoplifting, in order to allow the owner of owners of shoplifted property the use of such property pending criminal prosecutions, photographs of the shoplifted property may be accepted as prima facie evidence as to the identity of the property. Such photograph shall be accompanied by a written statement containing the following:
(1) A description of the property;
(2) The name of the owner or owners of the property;
(3) The time, date and location where the shoplifting occurred;
(4) The time and date the photograph was taken;
(5) The name of the photographer; and
(6) Verification by the arresting officer.
(C) Prior to allowing the use of shoplifted property as provided in this section, legal counsel for the alleged shoplifter shall have a reasonable opportunity to inspect and appraise the property and may file a motion for retention of the property, which motion shall be granted if there is any reasonable basis for believing that the photographs and accompanying affidavit may be misleading.
(1976 Code, § 6-254) (Ord. 699, passed 8-5-1982) Penalty, see § 130.99
Statutory reference:
Related provisions, see Neb. RS 28-514
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