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A. A person commit criminal trespass if, knowing that he or she is not licensed or privileged to do so, he or she enters or remains in any place as to which notice against trespass is given by:
1. Actual communication to the actor; or
2. Posting in a manner prescribed by law or reasonably likely to come to the attention of intruders; or
3. Fencing or other enclosure manifestly designed to exclude intruders except as otherwise provided by Nebraska law.
B. A person commits 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 persona 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.
C. 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.
HISTORY
Amended by Ord. 9962 on 2/14/2024
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. The word litter as used in this section shall mean all waste material susceptible of being dropped, deposited, discarded, or otherwise disposed of by any person upon any property in the City but does not include wastes of primary processes of farming or manufacturing. Waste material as used in this subsection shall man any material appearing in a place or in a context not associated with that material’s function or origin.
C. The operator of any motor vehicle or watercraft from which litter is dropped, thrown, deposited, or dumped in violation of subsection (A) above shall be deemed to have committed this violation.
HISTORY
Amended by Ord. 9962 on 2/14/2024
A. It shall be unlawful to shoplift. A person commits the offense of theft by shoplifting when he or she, with the intent of appropriating merchandise to his or her own use without paying for the goods or merchandise or to deprive the owner of possession of such goods or merchandise 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 a good or of merchandise with a label or price tag for another item of a good or of merchandise;
5. Causes the cash register or other sales recording device to reflect less than the retail price of the goods or merchandise; or
6. Alters, bypasses, disables, shields, or removes any security or alarm device attached to or housing any goods or merchandise of any store, including the use or possession of a security device countermeasure as defined in Neb. Rev. Stat. §28-511.03, prior to purchase of the goods or merchandise.
B. In any prosecution for theft by shoplifting, 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. The purpose of this subsection is to allow the owner or owners of shoplifted property the use of such property during pending criminal prosecutions.
D. Prior to allowing the use of the 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.
HISTORY
Amended by Ord. 9962 on 2/14/2024
It shall be unlawful for any person to damage, alter, or otherwise interfere in any manner with any meter made or provided for the measuring or monitoring usage of electricity, gas, water, or audiovisual transmission for which payment is required, without first having the permission of the person or company supplying such services.
A. A person commits theft if he or she obtains services, which he or she knows are available only for compensation, by deception or thereat or by false token or other means to avoid payment for the service. Services include labor, professional service, telephone service, electric service, cable television service, or other public service, accommodation in hotels, restaurants, or elsewhere, admission to exhibitions, and use of vehicles or other movable property. When compensation for service is ordinarily paid immediately upon the rendering of such service, as in the case of hotels and restaurants, refusal to pay or absconding without payment or offer to pay gives rise to a presumption that the service was obtained by deception as to intention to pay.
B. A person commits theft if, having control over the disposition of services of others to which he or she is not entitled, he or she diverts such services to his or her own benefit or to the benefit of another not entitled thereto.
HISTORY
Amended by Ord. 9962 on 2/14/2024
A. It shall be unlawful for any person, except a law enforcement officer in the course of his or her duties, to discharge or fire a gun, pistol, fire arm, cannon, air rifle, sling shot, or other item designed for the discharge of bullets, missiles, rocks, or other dangerous items by the operation thereof, anywhere within the City.
B. The above prohibition shall not apply to a location designed and utilized for the safe usage of such items, whether established or constructed on a temporary or permanent basis.
C. It shall be unlawful for any person to possess in the passenger compartment of a motor vehicle off his or her own premises, an air rifle, bb or pellet gun, airsoft gun, or paintball gun, unless the item is unloaded and encased in a closed container that is secured by means of latches, zipper, or similar method. Any item found in violation of this section shall be seized as evidence and held by the Grand Island Police Department for a minimum period of sixty (60) days. If at the end of the sixty-day period the item is no longer required to be held as evidence for the prosecution of any violation of this section, any other city ordinance, or violation of any federal or state statute, the item will be returned to the rightful owner. If the rightful owner is under eighteen (18) years of age at the time the item is eligible for release, the item will be released to the rightful owner’s parent or legal guardian.
(Amended by Ordinance No. 9207, effective 03-25-09)
It shall be unlawful for any person under the age of sixteen (16) years to be upon the public streets or other public places within the City between the hours of 10:30 p.m., and 6:00 a.m., of the following day on all days preceding a school day, nor between the hours of 12:00 Midnight and 6:00 a.m., on the following day on all other days, unless accompanied by a parent, guardian, or an adult having the legal custody and care of such minor person, or unless such minor person is upon an emergency errand or other business directed by his or her parent or legal guardian.
A. It shall be unlawful for any person to tether, walk, ride, or otherwise permit one or more horses, mules, oxen, or other draft animals on or along the public right-of-way of the streets set forth in subsection (B) below, unless said person has notified the chief of police of the route to be followed at least twelve (12) hours prior to traveling thereon. Permission shall be denied if, in the opinion of the chief of police such usage would interfere with, or endanger, the normal traffic or use of the streets.
B. The following streets and areas shall require advance notice of usage:
1. Webb Road from Highway 281 to Highway 2;
2. Broadwell Avenue from Anna Street to northern city limits;
3. Eddy Street from Anna Street to State Street
4. Second Street;
5. First Street from Greenwich Avenue to Plum Street
6. Locust Street from Highway 34 to First Street
7. Central Business District: the area bounded on the north by Fourth Street, on the east by Oak Street, on the south by Koenig Street, and on the west by Eddy Street.
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