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(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
(A) Possession of tobacco products by minors.
(1) It shall be unlawful for any person under the age of 18 years to possess any tobacco products; provided that, the possession by a person under the age of 18 years under the direct supervision of the parent or guardian of such person in the privacy of the parent’s or guardian’s home shall not be prohibited.
(2) TOBACCO PRODUCTS shall be defined to mean any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco.
(1976 Code, § 6-258)
(B) Minors.
(1) Use of tobacco by persons under the age of 21. Whoever, being a person under the age of 21 years, shall smoke cigarettes or cigars, use electronic nicotine delivery systems or alternative nicotine products, or use tobacco in any form whatever in this city, shall be guilty of an offense. Any person charged with a violation of this section may be free from prosecution if he or she furnishes evidence for the conviction of the person or persons selling or giving him or her the cigarettes, cigars, electronic nicotine delivery systems, alternative nicotine products, or tobacco.
(2) Sale of tobacco to persons under the age of 21.
(a) Whoever shall sell, give, or furnish in any way any tobacco in any form whatever, or any cigars, cigarettes or cigarette paper, electronic nicotine delivery systems, or alternative nicotine products, to any person under 21 years of age is guilty of an offense.
(b) 1. In order to further the public policy of deterring licensees or other persons from violating division (A) of this section, a person who is at least 15 years of age but under 21 years of age may assist a peace officer in determining compliance with such division if:
2. The parent or legal guardian of the person has given written consent for the person to participate in such compliance check if such person is under 19 years of age;
3. The person is an employee, a volunteer, or an intern with a state or local law enforcement agency;
4. The person is acting within the scope of his or her assigned duties as part of a law enforcement investigation;
5. The person does not use or consume a tobacco product as part of such duties; and
6. The person is not actively assigned to a diversion program, is not a party to a pending criminal proceeding or a proceeding pending under the Nebraska Juvenile Code, and is not on probation.
(c) Any person under the age of 21 years acting in accordance with and under the authority of this section shall not be in violation of Neb. RS 28-1427.
(3) Misrepresentation by person under the age of 21 to obtain tobacco. Any person under the age of 21 years who obtains cigars, tobacco, cigarettes, or cigarette material, electronic nicotine delivery systems, or alternative nicotine products from a licensee hereunder by representing that he or she is of the age of 21 years or over, is guilty of an offense.
(1976 Code, § 6-260)
(Ord. 1081, passed 3-8-1993; Ord. 1237, passed 7-21-1997; Ord. 1455B, passed 2-9-2015; Ord. 1483A, passed 12-23-2019; Ord. 1501, passed 6-7-2021) Penalty, see § 130.99
Statutory reference:
Related provisions, see Neb. RS 28-1418, 28-1419, 28-1427, 28-1429.02
(A) Findings and intent.
(1) The state’s legislature has found that certain sex offenders present a high risk to commit repeat offenses and has enabled municipalities to restrict such persons’ place of residency as provided in the Sexual Predator Residency Restriction Act.
(2) (a) Sex offenders who prey on children and who are high risks to repeat such acts present an extreme threat to public safety.
(b) The cost of sex offender victimization to these children and to society at large, while incalculable, is exorbitant.
(3) It is the intent of this section to serve the city’s compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the city by creating certain areas around locations where children regularly congregate in concentrated numbers where certain sexual predators cannot reside.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CHILD CARE FACILITY. A facility licensed pursuant to the Child Care Licensing Act.
RESIDE. To sleep, live or dwell at a place, which may include more than one location, and may be mobile or transitory.
RESIDENCE. A place where an individual sleeps, lives or dwells, which may include more than one location, and may be mobile or transitory.
SEX OFFENDER. An individual who has been convicted of a crime listed in Neb. RS 29-4003 and who is required to register as a sex offender pursuant to the Sex Offender Registration Act.
SEXUAL PREDATOR. An individual who is required to register under the Sex Offender Registration Act, who has committed an aggravated offense as defined in Neb. RS 29-4001.01 and who has victimized a person 18 years of age or younger.
SCHOOL. A public, private, denominational or parochial school which meets the requirements for state accreditation or approval.
(C) Sexual predator residency restrictions; penalties; exceptions.
(1) Prohibited location of residence. It is unlawful for any sexual predator to reside within 500 feet of a school or child care facility.
(2) Measure of distance. For purposes of determining the minimum distance separation, the distance shall be measured by following a straight line from the outer property line of the residence to the nearest outer boundary line of the school or child care facility.
(3) Penalties. A person who violates this section shall be punished as provided in § 130.99 of this chapter.
(4) Exceptions. This section shall not apply to a sexual predator who:
(a) Resides within a prison or correctional or treatment facility operated by the state or a political subdivision;
(b) Established a residence before 7-1-2006, and has not moved from that residence; or
(c) Established a residence after 7-1-2006, and the school or child care facility triggering the restriction was established after the initial date of the sexual predator’s residence at that location.
(1976 Code, § 6-259) (Ord. 1386, passed 5-22-2006; Ord. 1419, passed 2-7-2011) Penalty, see § 130.99
(A) Endangering prohibited. It shall be unlawful for any person having the care, custody, control or confidence of or influence over any child to allow such child to be endangered, or the health of such child injured, or the morals of such child to be impaired, or to willfully cause or permit such child to be placed in such a position, business or occupation that his or her life, health or morals will be endangered; or to torture, torment, cruelly punish or willfully or negligently deprive such child of necessary food, clothing or shelter, or in any other manner injure such child unnecessarily.
(1976 Code, § 6-301)
(B) Employment. It shall be unlawful for any person, firm or corporation to take, receive, hire or employ any child under the age of 14 years to labor in any mill, factory or in or about any business or employment whatever within the city, during the school hours of any school day.
(1976 Code, § 6-302)
(C) Presence in drinking establishments prohibited.
(1) (a) It shall be unlawful for any proprietor or keeper of a tavern or beer hall:
1. To employ any individual under the age of 19 years for serving or selling alcoholic beverages in the course of his or her employment;
2. To employ any person under the age of 16 years for removing and disposing of alcoholic liquor containers for the convenience of the employer and customers in the course of his or her employment as servers or busers; and
3. To permit any individual under the age of 19 years to be in or about such place of business after 9:00 p.m., or to obtain or to drink any alcoholic beverage in or about such place of business, or to bet or wager with playing cards or other gambling devices in or about such place of business.
(b) For the purpose of this section, a
TAVERN or BEER HALL is defined to be any establishment located within the corporate limits of the city where alcoholic beverages are sold and served and in which the service of good, if served at all, is incidental to the sale of such beverages. Service of food shall be considered incidental if the food service generates less than one-half of the gross revenue from the operation of said business.
(2) Every owner or operator of any establishment offering for sale alcoholic beverages shall, upon request of the Mayor, City Clerk or Chief of Police, permit access to all records of said establishment, and upon request, furnish, for official use only in ascertaining the type of business operated, a certified statement of the type of business operated, a certified statement of the alcoholic beverages sold, together with the amount of sales tax, if any, collected and remitted to the state on such sales made during any certain designated period.
(3) It shall be the duty of the person who is the proprietor or keeper of a tavern or beer hall, as defined in this section, to post conspicuously in his or her place of business the following sign, “Individuals Under the Age of Nineteen Years Not Allowed After 9:00 p.m.”. Failure to post such a sign shall constitute an unlawful act.
(1976 Code, § 6-303)
(D) False credentials. It shall be unlawful for any minor child to make false statements or to furnish, present or exhibit any fictitious or false registration card, identification card or note or other document, or to furnish, present or exhibit such document or documents issued to a person other than the one presenting the same, for the purpose of gaining admission to any prohibited place or for the purpose of procuring the sale, gift or delivery of prohibited articles, including liquor, beer or wine.
(1976 Code, § 6-304)
(E) Unlawful services of others.
(1) It shall be unlawful for any minor to engage or to utilize the services of any other person, whether for remuneration or not, to procure for such minor any article which the minor himself or herself is prohibited by this section from purchasing.
(2) It shall be unlawful for any person, whether for remuneration or not, to procure for any minor any article which the minor is forbidden by this section from purchasing.
(1976 Code, § 6-305)
(Ord. 528, passed 3-17-1977; Ord. 685, passed 7-8-1982; Ord. 689, passed 7-29-1982; Ord. 1299, passed 1-21-2002) Penalty, see § 130.99
OFFENSES AGAINST PROPERTY
(A) It shall be unlawful for any person within the corporate limits to steal any money, goods or chattels of any kind whatever.
(B) Any person who shall steal property of any kind, whether the same be entirely in money or entirely property of the value of less than $300 shall be deemed to be guilty of a misdemeanor.
(1976 Code, § 6-207) Penalty, see § 130.99
Statutory reference:
Related provisions, see Neb. RS 28-512, 28-514
Any person who receives or conceals stolen property, goods or chattels of any kind with the intent to defraud the owner, or whoever receives or conceals any money or other accountable receipts and evidences of ownership shall be deemed to be guilty of a misdemeanor.
(1976 Code, § 6-208) Penalty, see § 130.99
Statutory reference:
Related provisions, see Neb. RS 28-513
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