1-4 Effect Of Repeal Of Ordinances

The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect. The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for any offense committed under the ordinance repealed.

1-5 Severability Of Parts Of Code

It is hereby declared to be the intention of the council that the sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code.

1-6 Catchlines Of Sections

The catchlines of the several sections of this Code are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or re-enacted.

1-7 Penalties; Continuing Violations; Exclusion

   A.   In any case where there shall be a violation of any city ordinance for which no penalty is provided, the person violating the same shall be subject to a fine of not less than one dollar nor more than five hundred dollars for each offense. Each day a violation of a continuing nature shall remain in existence shall constitute a separate offense.

   B.   The violation of any City Code provision or ordinance shall be deemed an infraction, and the only violation for which imprisonment may be imposed shall be a violation of §1-8 below, pertaining to the offense of failing to appear.

   C.   For any violation of Federal or State law or City Code while on City owned property the following penalties shall apply:

      1.   Upon citation or arrest, the person violation the same shall be excluded from all City property excepting the conducting of necessary business at the Utilities Department located at 1306 3rd Street, City Hall located at 100 E 1st Street, the Grand Island Police Department located at 111 Public Safety Drive, all in Grand Island Nebraska.

      2.   This exclusion shall operate while the violation is pending before any Court of competent jurisdiction and for a period of one year following conviction for any offense which occurred on City-owned property.

      3.   In the event a matter is referred for prosecution, but no case is filed within sixty (60) days of the violation, this exclusion shall expire.

      4.   Citation, arrest or the filing of any criminal complaint for an offense occurring on City-owned property shall serve as actual notice of said trespass warning and no additional written notice shall be required.

HISTORY

Amended by Ord. 9962 on 2/14/2024

1-8 Citation; Failing To Appear; Penalty

   A.   Any person who fails to appear or otherwise comply with the command of a citation shall be guilty of an infraction.

   B.   Any person convicted of violating this section shall be punished by a fine of not more than five hundred dollars or by imprisonment in the county jail for not more than thirty (30) days, or by both such fine and imprisonment.

(Amended by Ordinance No. 9029, effective 03-01-2006)

1-9 Aiding, Abetting Or Procuring; Penalty

Whoever aids, abets or procures another to violate a provision of this Code, or whoever is an accessory after the fact to the commission of any such violation shall be deemed guilty of an offense and punished in accordance with §1-7 of this Code.

An accessory after the fact is a person who, after full knowledge that a violation of this Code has been committed, conceals it from a police officer, or harbors and protects the person charged with or found guilty of a violation of any provision of this Code or state law.

1-10 Amendments Or Additions To Code

All ordinances of a general and permanent nature, and amendments to such ordinances, enacted or presented to the city council for enactment after the adoption of this Code, shall be drafted, so far as possible, as specific amendments, or additions to the Grand Island City Code. Amendments to this Code shall be made by reference to the chapter and section of the Code which is to be amended, and additions shall bear an appropriate designation of chapter and section.