CHAPTER 6: POLICE REGULATIONS
   Article
      1.   ANIMALS
      2.   MISCELLANEOUS MISDEMEANORS
      3.   LITTER
      4.   MISCELLANEOUS INFRACTIONS
      5.   PENAL PROVISION
ARTICLE 1: ANIMALS
Section
   6-100   Definitions
   6-101   Rabies vaccination
   6-102   Dogs; license fee
   6-103   Dogs; license tag
   6-104   Dogs; wrongful licensing
   6-105   Dogs; running at large
   6-106   Dogs; potentially dangerous
   6-107   Application of article; exceptions
   6-108   Access by utility workers
   6-109   Dogs; interference with officials
   6-110   Number of dogs and cats limited
   6-111   Killing and poisoning dogs and cats
   6-112   Dogs; barking and offensive
   6-113   Dogs; fighting
   6-114   Dogs; personal property; owner liable for damages
   6-115   Dogs; impounding and reclamation
   6-116   Dogs; Animal Shelter
   6-117   Dogs; excrement to be removed and disposed
   6-118   Dogs; physical abuse; treatment; basic needs
   6-119   Dogs; tethering
   6-120   Dogs; dangerous; confinement required; warning signs
   6-121   Breed specific regulations
   6-122   Appeal procedure
   6-123   Animals; regulations
   6-124   Animals; running at large
   6-125   Animals; wild
   6-126   Animals; cruelty prohibited
   6-127   Animals; killing and injuring
   6-128   Animals in unattended vehicle
   6-129   Authority to enter upon premises; impoundment
   6-130   Animals; capture impossible
   6-131   Penalty for violation
   6-132   Dogs; dangerous; disposal by court order
§ 6-100  DEFINITIONS.
   For the purpose of this article, the following definitions apply unless the context clearly indicates or requires a different meaning.
   ANIMAL CONTROL AUTHORITY. For the purposes of §§ 6-100 to 6-132 , the Police Chief and members of the Police Department shall be charged with the enforcement of animal ordinances within the city and considered the ANIMAL CONTROL AUTHORITY.
   ANIMAL CONTROL OFFICER. Any individual employed, appointed, or authorized by an Animal Control Authority for the purpose of aiding in the enforcement of §§ 6-100 to 6-132 or any other law or ordinance relating to the licensure of animals, control of animals, or seizure and impoundment of animals and whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal.
   CAT. Any cat, either male or female.
   DOG. Any dog, either male or female.
   FOWL.  Any two legged, feathered, winged creature.
   OWNER.
      (1)   Any person who shall own, possess, keep, harbor, have charge or control of, permit or allow any animal, to be in or upon any premises occupied by him/her or under his/her charge or control. In addition thereto, any person who shall permit any animal to habitually remain on, or be lodged or fed within such person's house, yard or premises for a period of ten days or more shall be deemed to be the owner and possessor of such animal and shall be deemed to be liable for all penalties herein prescribed.
      (2)   If a family group of persons occupy such premises the owner shall be deemed to be the husband or father if there be one; otherwise the wife or mother if there be one; otherwise such other person as is customarily regarded as the head of such family group.
      (3)   This term shall not apply to veterinarians temporarily maintaining on their premises animals owned by other persons for a period of not more than 30 days.
   PERSON. An individual, partnership, company or corporation.
   RESTRAINT. An animal is under restraint which is on the premises of its owner; or if such is not on owners premises, is on leash or is securely confined in a motor vehicle being driven or parked on the streets.
   RUN AT LARGE. An animal which is off the premises of its owner and not under restraint.
(Ord. 2297, passed 1-20-2009)
§ 6-101  RABIES VACCINATION.
   (A)   Any person who shall own, keep or harbor a dog, cat or ferret more than three months of age within the city, shall have such animal vaccinated with an inactive virus anti-rabies vaccine by a licensed veterinarian and shall be revaccinated at intervals specified by rules and regulations adopted and promulgated by the Nebraska Department of Health.
   (B)   For every dog, cat or ferret vaccinated for rabies, the veterinarian shall issue a tag sufficient to identify the name of the veterinarian.
   (C)   It shall be unlawful for any person who shall own, keep or harbor a dog, cat or ferret not to display the current vaccination tag on such animal.
(Ord. 2297, passed 1-20-2009)
§ 6-102  DOGS; LICENSE FEE.
   (A)   Every person owning, keeping, possessing, or harboring any dog more than three months of age within the city shall pay a fee to the City Clerk as follows: $12 for each unaltered male or female dog; $6 for each spayed female or neutered male dog.
   (B)   Such fee shall be due and payable before February 1 each year, but may be paid after December 1 of the previous year. The city shall send a warning letter to those dog owners who had tags the previous year and have failed to get new tags by February 1. A delinquent fee of $25 shall be assessed after March 31 of each year.
   (C)   The City Police when directed by the City Clerk shall assist the City Clerk in the collection of such annual fee. All such fee money shall be credited to the General Fund of the city except for such portion to be submitted to the state under Neb. RS 54-603.
(Ord. 2297, passed 1-20-2009; Ord. 2343, passed 12-6-2011)
§ 6-103  DOGS; LICENSE TAGS.
   (A)   Upon the payment of the license fee, and proof of rabies vaccination the Municipal Clerk shall issue to the owner of a dog a license certificate and a metallic tag for each dog so licensed.
   (B)   The metallic tags shall be properly attached to the collar or harness of all dogs so licensed and shall entitle the owner to keep or harbor the said dog until the January 31 following such licensing.
   (C)   In the event a license tag is lost and upon satisfactory evidence the original plate or tag was issued in accordance with the provisions herein, the Municipal Clerk shall issue a duplicate tag for the balance of the year and charge one-half the annual fee for each duplicate tag so issued.
   (D)   All license fees and collections shall be immediately credited to the General Fund of the City. It shall be the duty of the Municipal Clerk to issue tags of a suitable design that are different in appearance each year.
   (E)   The licensing requirements of this article shall not apply to hospital, clinics, and veterinarians, or to any dog belonging to a non-resident of the city and kept within the city for not longer than 30 days, provided all such dogs while in the city, shall at all times be kept within a building enclosure or vehicle, or be under restraint.
(Ord. 2297, passed 1-20-2009)
§ 6-104  DOGS; WRONGFUL LICENSING.
   It shall be unlawful for the owner, keeper, or harborer of any dog to permit or allow such dog to wear any license other than that issued by the Municipal Clerk for that dog(s), nor shall the owner, keeper, or harborer wrongfully and knowingly license an unspayed female dog or non-neutered male dog with a license prescribed for a neutered male dog or spayed female dog.
(Ord. 2297, passed 1-20-2009)
§ 6-105DOGS; RUNNING AT LARGE.
   It shall be unlawful for any person owning, keeping, possessing, harboring, walking or having the care, custody or control of any dog within the city to permit the same to run at large or be off the premises occupied by such person at any time except when such animal is under restraint.
(Ord. 2297, passed 1-20-2009)
§ 6-106  DOGS; DANGEROUS; POTENTIALLY DANGEROUS.
   No person shall own, keep or harbor or have under his or her control, any dangerous or vicious animal. For the purposes of this section:
   (A)   A DANGEROUS DOG means a dog that, according to the records of an Animal Control Authority has:
      (1)   Killed a human being;
      (2)   Inflicted injury on a human being that requires medical treatment;
      (3)   Killed a domestic animal without provocation; or
      (4)   Been previously determined to be a potentially dangerous dog by an Animal Control Authority, the owner has received notice of such determination, and the dog inflicts an injury on a human being that does not require medical treatment, injures a domestic animal, or threatens the safety of humans or domestic animals.
   (B)   (1)   A dog shall not be defined as a dangerous dog under subdivision (A)(2) of this section if the individual was tormenting, abusing, or assaulting the dog at the time of the injury or has, in the past, been observed or reported to have tormented, abused, or assaulted the dog.
      (2)   A dog shall not be defined as a dangerous dog under subdivision (A) (4) of this section if the injury, damage, or threat was sustained by an individual who, at the time, was committing a willful trespass as defined in Neb. RS 20-203, 28-520, or 28-521, was committing any other tort upon the property of the owner of the dog, was tormenting, abusing, or assaulting the dog, or has, in the past, been observed or reported to have tormented, abused, or assaulted the dog, or was committing or attempting to commit a crime.
   (C)   For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      DOMESTIC ANIMAL. A cat, a dog, or livestock.
      LIVESTOCK.  Includes buffalo, deer, antelope, fowl, and any other animal in any zoo, wildlife park, refuge, wildlife area, or nature center intended to be on exhibit.
      MEDICAL TREATMENT.  Treatment administered by a physician or other licensed health care professional.
      OWNER. Any person, firm, corporation, organization, political subdivision, or department possessing, harboring, keeping, or having control or custody of a dog.
      POTENTIALLY DANGEROUS DOG.
         (a)   Any dog that when unprovoked:
            1.   Inflicts an injury on a human being that does not require medical treatment;
            2.   Injures a domestic animal; or
            3.   Chases or approaches a person upon streets, sidewalks, or any public grounds in a menacing fashion or apparent attitude of attack; or
            4.   Any specific dog with a known propensity, tendency, or disposition to attack when unprovoked, to cause injury, or to threaten the safety of humans or domestic animals.
(Ord. 2297, passed 1-20-2009)
§ 6-107  APPLICATION OF ARTICLE; EXCEPTIONS.
   The provisions of this article do not apply to a law enforcement dog being used by a law enforcement officer to carry out the law enforcement officer's official duties or professional responsibilities.
(Ord. 2297, passed 1-20-2009)
§ 6-108  ACCESS BY UTILITY WORKERS.
   The owner or keeper of any dog must allow access to any utility service meter by any utility personnel.
(Ord. 2297, passed 1-20-2009)
§ 6-109  DOGS; INTERFERENCE WITH OFFICIALS.
   It shall be unlawful for any person to hinder, delay, or interfere with any Animal Control Officer who is performing any duty enjoined upon him by the provisions of this article, or to break open, or in any manner directly or indirectly aid, counsel, or advise the breaking open of the Animal Shelter, or other vehicle used for the collecting or conveying of dogs to the shelter.
(Ord. 2297, passed 1-20-2009)
§ 6-110  NUMBER OF DOGS AND CATS LIMITED.
   (A)   No owner or keeper of any dog or cats shall keep, harbor, or maintain in, about, or upon the premises occupied by such owner as his or her residence or household more than three dogs and three cats each over four months of age at any one time.
   (B)   Offspring of any dog or cat shall not count toward the maximum number of dogs or cats allowed, for a period of four months after the birth of said offspring. However, only one exempt litter of cats or dogs may be kept in a household at any one time.
   (C)   For the purposes of this article, the term OWNER or KEEPER shall include the head of any family and all family members and guests, it being the intention of this article to limit the total number of dogs and cats to three each per household.
(Ord. 2297, passed 1-20-2009)
§ 6-111  KILLING AND POISONING DOGS AND CATS.
   (A)   It shall be unlawful to kill, administer, or cause to be administered, poison of any sort or in any manner to injure, maim, destroy, or attempt to injure, maim, or destroy any dog or cat that is the property of another person, or to place any poison, or poisoned food where the same is accessible to a dog or cat.
   (B)   Provided, this section shall not apply to Municipal Police Officers acting within their power and duty.
(Ord. 2297, passed 1-20-2009)
§ 6-112  DOGS; BARKING AND OFFENSIVE.
   (A)   It shall be unlawful for any person to own, keep, or harbor any dog which by loud, continued, or frequent barking, howling, or yelping shall annoy or disturb any neighborhood, or person, or which habitually barks at or chases pedestrians, drivers, or vehicles while they are on any public sidewalks, streets, or alleys in the municipality.
   (B)   Upon complaint, the Municipal Police shall investigate the complaint and, if in their opinion the situation warrants, shall notify the owner to silence and restrain such dog or issue a citation to the owner/keeper of the dog.
   (C)   The provisions of this section shall not be construed to apply to an Animal Shelter.
(Ord. 2297, passed 1-20-2009)
§ 6-113  DOGS; FIGHTING.
   It shall be unlawful for any person, by agreement or otherwise, to set dogs to fighting, or by any gesture or word to encourage the same to fight.
(Ord. 2297, passed 1-20-2009)
§ 6-114  DOGS; PERSONAL PROPERTY; OWNER LIABLE FOR DAMAGES.
   Dogs are hereby declared to be personal property for all intents and purposes, and the owner or owners of any dog or dogs shall be liable for any and all damages that may accrue:
   (A)   To any person, other than a trespasser, by reason of having been bitten by any such dog or dogs; and
   (B)   To any person, firm, or corporation by reason of such dog or dogs killing, wounding, injuring, worrying, or chasing any person or persons or any sheep or other domestic animals belonging to such person, firm, or corporation; and
   (C)   To destroy any real or personal property of any description belonging to another person. Such damage may be recovered in any court having jurisdiction of the amount claimed.
(Ord. 2297, passed 1-20-2009)
§ 6-115  DOGS; IMPOUNDMENT AND RECLAMATION.
   (A)   If any dog is picked up, the officer shall give notice of the fact of such taking by posting one  notice thereof on the bulletin board at the Police Station in the city for a period of five days. No dog shall be euthanized or destroyed until the expiration of the five-day period. During such period the owner of such dog may reclaim their dog upon payment to the city having paid in cash:
      (1)   The amount per day for boarding of such dog as is from time to time set by resolution of the Mayor and Council; and
      (2)   For the taking of such dog in each license year $25 if it be the first time such dog has been picked up or $50 if it be the second time such dog has been picked up or $75 if it be the third or subsequent time such dog has been picked up; and
      (3)   If such dog does not have about its neck the tag or plate provided for in § 6-103, a proper tag or plate shall be secured from the City Clerk and pay any appropriate fees as provided in § 6-102 and affixed such tag about the neck of such dog prior to being reclaimed; and
      (4)   Such dog shall be vaccinated for rabies as required by law if not already in compliance therewith; and
      (5)   Pay the cost of any medical care costs expended by the city for such impounded animal.
   (B)   If not reclaimed by the owner within such period, any other person may adopt said dog upon paying the cost of impoundment and any medical fees to the Animal Shelter housing such animal and compliance with the condition above provided for reclamation of dogs by owners; otherwise such dog shall be euthanized.
   (C)   Any impounded dog not reclaimed as provided by in this section shall become the property of the city and the city shall have the power to give away such dog to a reputable person for adoption; or to cause such dog to be humanely euthanized.
   (D)   The owner of such animal shall be liable to the city for any costs incurred for the impoundment and destruction of such animal.
(Ord. 2297, passed 1-20-2009)
§ 6-116  DOGS; ANIMAL SHELTER.
   The Animal Shelter shall be safe, suitable, and conveniently located for the impounding, keeping, and destruction of dogs. The said Shelter shall be sanitary, ventilated, and lighted.
(Ord. 2297, passed 1-20-2009)
§ 6-117  DOGS; EXCREMENT TO BE REMOVED AND DISPOSED.
   It shall be unlawful for any person in control of, to cause or permit a dog to be on any property, public or private, not owned or possessed by that person, unless the person has in his or her immediate possession a device for the removal of excrement and for such person to fail to remove excrement left by such dog to a proper receptacle.
(Ord. 2297, passed 1-20-2009)
§ 6-118  DOGS; PHYSICAL ABUSE; TREATMENT; BASIC NEEDS.
   (A)   It shall be unlawful for any person to willfully or maliciously kill, maim, disfigure torture, beat with a stick, chain, club or other object; mutilate, burn, or scald with any substance, or otherwise cruelly set upon any animal, except that reasonable force may be employed to drive off vicious, trespassing or aggressive animals. It shall further be unlawful for any person to knowingly, intentionally, or carelessly cause or allow any animal to endure reasonable or unjustifiable pain, suffering, or injury. It shall be unlawful for any person or entity keeping, harboring, or caring for any animal to fail, refuse or neglect to provide such animal with proper food, drink, shade, shelter, physical maintenance and veterinary care. Proper food, drink, shade, shelter, physical maintenance and veterinary care shall require that:
      (1)   Each animal shall, at suitable intervals and at least once every 24 hours, receive a quantity of food suitable for the species' physical condition and age, sufficient to maintain an adequate level of nutrition for the animal.
      (2)   Each animal shall have available at all times an adequate supply of clean, fresh, potable water. If water pans or dishes are to be used, such pans or dishes shall have weighted bottoms or be mounted or secured in a manner that prevents tipping.
      (3)   Each animal shall have convenient access to shelter throughout the year. Any fences and or shelter shall not be placed in the front yard of the property and any shelter shall be structurally sound and maintained in good repair to protect the animal from injury and from the elements. The entrance to the shelter should have a flap to keep the cold out and the warmth in. Straw, wood chips, towels and blankets can be used for bedding. Bedding should be routinely checked for moisture and replace it when wet. It shall be of sufficient size to permit the animal to enter, stand, turn around, and lie down in a natural manner. Any shelter which does not protect the animal from temperature extremes or precipitation, excessive ammonia levels, or which does not provide adequate ventilation or drainage, shall not comply with this section. The shelter and any space accessible to the animal and all bedding for the animal shall be maintained in a manner which keeps the animal reasonably clean, dry, comfortable, and at an appropriate temperature and minimizes the risk of the animal contracting disease, being injured or becoming infested with parasites.
      (4)   Each animal shall receive care and medical treatment for injuries, parasites, and diseases, sufficient to maintain the animal in good health and to minimize suffering.
      (5)   Any enclosure in which an animal is kept shall be constructed of material, and in a manner to minimize the risk of injury to the animal, and shall encompass sufficient usable space to keep the animal in good condition. When a dog is confined outside a residence, the following minimum space requirements shall be used:
         Size of Dog                                  Pen Size
Extra large (over 26 inches at withers or over 75 pounds)                     48 square feet
Large (over 20 inches and up to 26 inches at withers or
not over 75 pounds)                                       40 square feet
Medium (over 12 inches and up to 20 inches at withers or
not over 50 pounds)                                       32 square feet
Small (12 inches or less at withers or not over 20 pounds)                     24 square feet
An additional 16 square feet shall be required for each dog sharing the pen with another. The minimum pen size includes a shelter. The pen height shall not be over six feet tall.
(Ord. 2297, passed 1-20-2009)
§ 6-119  DOGS; TETHERING.
   No animals shall be hitched, tied, or fastened by any rope, chain or cord that is directly attached to the animal's neck. Animals that must be tied, hitched or fastened to restrain them must wear a properly fitted collar or harness, not of the choker type, provided that the proper use of choker collars in the training of animals shall not be prohibited. The tying device shall be attached to the animal's collar or harness and shall be at least ten feet in length.
   (A)   Tethering shall not exceed 30 minutes in length at any one time and shall not be the sole means by which the dog is contained.
   (B)   When adequate room is available the dog is to be tethered in the back yard.
   (C)   A dog tethered must be no closer than six feet to a public sidewalk.
(Ord. 2297, passed 1-20-2009)
§ 6-120  DOGS; DANGEROUS; CONFINEMENT REQUIRED; WARNING SIGNS.
   (A)   No person, firm, partnership, limited liability company, or corporation shall own, keep, or harbor or allow to be in or on any premises occupied by him, her, or it or under his, her, or its charge or control any dangerous dog without such dog being confined so as to protect the public from injury.
   (B)   While unattended on the owner's property, a dangerous dog shall be securely confined, in a humane manner, indoors or in a securely enclosed and locked pen or structure suitably designed to prevent the entry of young children and to prevent the dog from escaping.
      (1)   The pen or structure shall have secure sides and a secure top. If the pen or structure has no bottom secured to the sides, the sides shall be embedded into the ground at a depth of at least one foot.
      (2)   The pen or structure shall also protect the dog from the elements. The pen or structure shall be at least ten feet from any property line of the owner.
   (C)   The owner of a dangerous dog shall post warning signs on the property where the dog is kept that are clearly visible from all areas of public access and that inform persons that a dangerous dog is on the property. Each warning sign shall be no less than 10 inches by 12 inches and shall contain the words warning and dangerous animal in high-contrast lettering at least three inches high on a black background.
(Ord. 2297, passed 1-20-2009)
§ 6-121  BREED SPECIFIC REGULATIONS.
   No resident shall own, keep, harbor or in any way possess an American Pit Bull Terrier, also known as an American Staffordshire Terrier or Staffordshire Bull Terrier, Doberman, Rottweiler, or any mix of one of these and any other breed without meeting the following mandatory requirements:
   (A)   Special permit required. A special annual permit shall be required for keeping any of the designated breeds or cross breeds of dogs. No permit shall be granted except with such conditions attached and shall, in the  opinion of the animal control authority, reasonably protect the public health, safety and welfare of the public. Permits shall only be issued to adults 19 years of age or older.
   (B)   Application for permit. An application for a breed specific permit pursuant to this article shall be made no later than 30 days following the effective date of this article. The application shall be on forms provided by the city, with its form, content and submittal requirements to be determined by the Chief of Police.
   (C)   Permit fee. An annual application fee shall be $25 for each breed specific dog. There shall be a $25 fee for each additional dog owned by the same individual and kept or harbored on the same premises.
   (D)   Standards and requirements. The keeping of a specially permitted breed specific dog in the city limits shall be subject to the following mandatory requirements, in addition to compliance with all other state and local laws and regulations.
      (1)   Leash requirement outside of pen. No person shall permit the above breeds to go outside the owner's residential structure or the dog's kennel or pen unless such dog is securely leashed with a leash no longer than four feet in length and an adult 19 years of age is in physical control of the leash; provided however, the dog may be in the rear of the owner's premises without a leash when the rear yard is securely fenced and an adult 19 years of age is physically present in the rear yard with the dog. No person shall permit such dogs to be kept on a chain or rope outside its kennel or pen and no such dog may be leashed or tethered to inanimate objects such as trees, posts or buildings.
      (2)   Confinement. All such dogs shall be securely confined indoors or in a securely enclosed and locked pen or kennel. No such dogs may be kept on a porch, patio or in any part of a house or structure that would allow the dog to exit such building on it own volition.
      (3)   Signs. All owners of such dogs shall display in a prominent place on their premises a sign easily readable by the public using the words "Beware of Dog." In addition, a similar sign is required to be posted on the kennel or pen of such animal.
      (4)   Insurance. All owners of such dogs shall have in effect public liability insurance in a single incident amount of $300,000 for bodily injury to or death of any person or persons or for damage to property owned by any persons which may result from the ownership, keeping or maintenance of such dogs. At the time of initial application for a special permit, the owner, keeper or harborer must present proof of required insurance coverage throughout the period of the prior special permit year. In the event said liability insurance is canceled, lapsed or for any other reason becomes non-enforceable, said owner, keeper or harborer shall be in violation of the provisions of this article. The owner, harborer or keeper shall notify the city within five days of any cancellation, lapse or non-enforceability of this insurance and provide proof substitute coverage has been obtained. The insurance may be in the form of a special liability policy or a standard  homeowners or renters insurance policy from a Nebraska licensed insurer which does not have a policy of limiting or excluding such breeds of dogs.
(Ord. 2297, passed 1-20-2009)
§ 6-122  APPEAL PROCEDURE.
   (A)   The following process shall apply to the appeal of any actions or declarations of the Animal Control Authority or his/her designee pursuant to this chapter. The City Council at any of its regular or special council meeting shall serve as the Animal Control Board.
   (B)   Appeal. Any individual or entity desiring to appeal an order issued by the Animal Control Authority to the Animal Control Board may do so by filing a written notice of appeal with the Police Department as well as pay a $25 fee within five days after notification of the Animal Control Authority order. The notice of appeal shall state the grounds for such appeal and shall be delivered personally or by certified mail to the Police Department.
      (1) Within five days of receiving the written notice of appeal, the Police Department shall set the date for the hearing of the appeal with the Animal Control Board. Said hearing shall be not less than five days nor more than 30 days from the date the Police Department received the written notice of appeal.
      (2)   Notice of the hearing may be personally served on the owner, a duly designated representative, the owner's attorney, or an adult member of the owner's household. Notice may also be served by first-class U.S. mail to the address listed on the notice of appeal at least five days prior to the hearing date.
      (3)   The hearing on appeal shall be subject to the Open Meetings Law, and the notice required there under shall be posted and given as applicable. The hearing will be conducted informally and the rules of evidence shall not strictly apply.
      (4)   The city may be represented before the Board by the City Attorney's office or the Police Department. The owner may represent him or herself or may be represented by an attorney.
      (5)   The owner shall have the burden to prove by a preponderance of the evidence that the action of the Animal Control Authority or his or her designee should be reversed.
      (6)   Each party will be given the opportunity to present their side of the matter, including the presentation of witnesses and exhibits. Any exhibits given to the Board members to examine shall become part of the permanent record and will not be returned to the party submitting the same. At the conclusion of the parties presentations, the Board may make a determination or may take the matter under advisement. Ultimately, the Animal Control Board, by majority vote of those present and voting, may affirm, modify or reverse the determination of the Animal Control Authority.
      (7)   The proceedings before the board shall be recorded by one of the following methods: electronic audio or video recording, certified court reporter, or extensive notes of the testimony kept by a person designated by the Board.
      (8)   Any participant shall be entitled to transcribe the proceeding at his or her own expense.
      (9)   The decision of the Board shall be deemed final upon the announcement of the vote of the Board at an open meeting of the Board. The decision does not have to be reduced to writing, but shall be noted in the minutes of the Board's meeting. If the order is reduced to writing, it shall still be deemed to have been the final order of the Board at the time of announcement.
      (10)   The final decision of the board may be appealed in accordance with the provisions of Nebraska Law. If such an appeal is undertaken, and the animal is being held in the custody of the city, then an appeal bond in the amount set forth in the current schedule of fees shall be paid to and held by a local veterinarian clinic of the owner's choice pending the outcome of the appeal.
(Ord. 2297, passed 1-20-2009)
§ 6-123  ANIMALS; REGULATIONS.
   (A)   It shall be unlawful for any person, either by themselves, their agents, servants, or employees to have under such person's control, care, or custody to keep or maintain within the corporate limits any beehive, livestock animal or fowl including but not limited to horses, mules, sheep, cows, goats, swine, rabbits, poultry, chickens, turkeys, ducks, geese, or pigeons unless and until they have received an annual permit issued by the Chief of Police in his sound discretion, with right of appeal to the City Council. There shall be no fee for the permit and it may be revoked at any time when such animal(s) are found to be noisy or produce unwholesome, noxious, annoying odors or constitutes a nuisance or health hazard. This section shall not apply to fowl kept for display in a public park or small caged birds kept solely as pets.
   (B)   Every person keeping any livestock, fowl, or domesticated animals within the city, regardless of the number thereof, shall keep the premises in which the same are kept or enclosed clean, sanitary, free from refuse or manure and in such manner as not to produce unwholesome, noxious or annoying odors. The presence of rats, mice or other rodents or the presence of an excessive number of flies or other insects on any such premises shall be prima facie evidence that such premises are maintained in violation of this Section and in such manner as to constitute a nuisance or health hazard.
   (C)   Every person keeping any such live fowl or animals shall remove all manure, decaying food and other refuse from such premises at least once every seven days, and more often if necessary to keep down odors. All such refuse shall be kept in air tight containers until and while being transported out of the city for disposal. It shall be unlawful to permit any such refuse to remain uncovered.
   (D)   No person shall keep or maintain any such live fowl or animals within the city in such a manner as to constitute a nuisance or health hazard as determined by the Board of Health. If the Board of Health finds the keeping of such animals or fowl to be a nuisance, the person keeping such animals or fowl shall forthwith abate such nuisance upon written notice from the Board of Health to do so. The failure on the part of any person to so abate such nuisance within three days after receiving such written notice shall make such person subject to the penalties provided for the violation of this Code.
(Ord. 2297, passed 1-20-2009)
§ 6-124  ANIMALS; RUNNING AT LARGE.
   It shall be unlawful for the owner, keeper, or harborer of any animal, or any person having the charge, custody, or control thereof, to permit a horse, mule, cow, sheep, goat, swine, fowl or other animal to be driven or run at large on any of the public ways and property, or upon the property of another, or to be tethered or staked out in such a manner so as to allow such animal to reach or pass into any public way. This provision shall not apply to domesticated cats.
(Ord. 2297, passed 1-20-2009)
§ 6-125  ANIMALS; WILD.
   (A)   No wild animals may be kept within the corporate limits except such animals kept for exhibition purposes by circuses and educational institutions.
   (B)   Potentially dangerous or poisonous animals not normally considered domesticated shall be prohibited in the city and shall include but not be limited to:
      (1)   Class Mammalia; Order Carnivora, Family Felidae (such as lions, tigers, jaguars, leopards and cougars) except commonly accepted domesticated cats and hybrids involving same;
      (2)   Family Canidae (such as wolves, coyotes and fox) and hybrids involving same;
      (3)   Family Mustelidae (such as weasels, martins, fishers, skunks, wolverines, opossums, mink, badgers, except for ferrets);
      (4)   Family Procyonidae (such as raccoons);
      (5)   Family Ursidae (such as bears);
      (6)   Order Primata (such as monkeys and chimpanzees);
      (7)   Order Chroptera (such as bats);
      (8)   Poisonous reptiles, cobras and their allies (Elapidae, Hydrophiidae); vipers and their allies (Crotiladae, Viperidae); Boosnslang and Kirtland's tree snake; and Gila monster (Heleodermatidae) Family Crocodylidae (such as alligators, crocodiles and caiman).
(Ord. 2297, passed 1-20-2009)
§ 6-126  ANIMALS; CRUELTY PROHIBITED.
   (A)   No person shall cruelly or unnecessarily beat, torture, overwork abuse or cruelly beat, strike or abuse any animal, or by an act, omission or neglect cause or inflict any unnecessary or unjustifiable pain, suffering, injury or death to any animal whether such animal belongs to such person or to another, except that reasonable force may be employed to drive away dangerous, vicious or trespassing animals.
   (B)   It shall be unlawful for any person in the custody or control of any animal to fail, refuse or neglect to provide such animal with food, potable water, shade or sufficient shelter or to cruelly or unnecessarily expose any such animal in hot, stormy, cold or inclement weather, or to carry any such animal in or upon any vehicle in a cruel or inhumane manner.
(Ord. 2297, passed 1-20-2009)
§ 6-127  ANIMALS; KILLING AND INJURING.
   No person shall put to death or injure any animal by the use of firearms, stones, clubs, poisons, or any other manner unless the animal is vicious or dangerous and cannot be captured without danger to the persons attempting to affect a capture of the said animal.
(Ord. 2297, passed 1-20-2009)
§ 6-128  ANIMALS IN UNATTENDED VEHICLE.
   It is unlawful for any person to place, confine or allow such animal to be confined in such a manner that it must remain in a motor vehicle or trailer under conditions or for such periods of time that may endanger the health or well being of the animal due to heat, cold, lack of food, water or any circumstances which might cause suffering, disability or death.
(Ord. 2297, passed 1-20-2009)
§ 6-129  AUTHORITY TO ENTER UPON PREMISES; IMPOUNDMENT.
   (A)   The City Police or Animal Control Officers shall have authority to enter into and inspect any premises, dwelling, rooming units, barns and other outbuildings, any part of the cartilage thereof, or any yard or other enclosure to:
      (1)   Conduct any investigation of a animal alleged or suspected of being dangerous, potentially dangerous, vicious, abused, neglected; or
      (2)   To apprehend, capture, secure and remove in a humane manner to an animal shelter any animals whose owners are found to be in violation of the provisions of §§ 6-100 - 6-132; or
      (3)   To investigate any violation of this article; or
      (4)   To serve a citation upon a person for violation of this article.
   (B)   Notwithstanding the foregoing, any Police Officer or Animal Control Officer shall only make such entry upon consent, pursuant to a warrant or otherwise as authorized by law.
(Ord. 2297, passed 1-20-2009)
§ 6-130  ANIMALS; CAPTURE IMPOSSIBLE.
   The Animal Control Authority shall have the authority to put to death any animals showing dangerous tendencies, or characteristics of rabies, which make capture impossible because of the danger involved. The animal shall be put to death only as a last resort, when there is no other means of protection for the officer or for a person or animal being attacked by the vicious animal.
(Ord. 2297, passed 1-20-2009)
§ 6-131  PENALTY FOR VIOLATION.
   Any person violating the provisions of §§ 6-100 through 6-132 shall be fined $10 to $300 for each offense; and shall pay the costs of prosecution; and payment of the charges for reclamation of such animal shall not constitute a defense for prosecution for such violation.
(Ord. 2297, passed 1-20-2009)
§ 6-132  DOGS: DANGEROUS; DISPOSAL BY COURT ORDER.
   In addition to any other penalty, a court may order the Animal Control Authority to dispose of a dangerous dog in an expeditious and humane manner.
(Ord. 2297, passed 1-20-2009)
ARTICLE 2: MISCELLANEOUS MISDEMEANORS
Section
   6-201   Impersonating an officer
   6-202   Refusing to assist officer
   6-203   Resisting officer
   6-204   Abusing officer
   6-205   Trespassing
   6-206   Malicious destruction of property
   6-207   Theft
   6-208   Concealing stolen property
   6-209   Arson
   6-210   Injury to trees
   6-211   Fire equipment
   6-212   Drinking in public
   6-213   Misrepresentation by minor
   6-214   Minor in possession
   6-215   Tobacco sale prohibited
   6-216   Concealed weapons
   6-217   Assaults
   6-218   Terroristic threats
   6-219   Disturbing the peace
   6-220   Disorderly conduct
   6-221   Criminal mischief
   6-222   Disturbing an assembly
   6-223   Window peeping
   6-224   Littering
   6-225   Prohibited fences
   6-226   Appliances in yard
   6-227   Obstructing water flow
   6-228   Removing dirt
   6-229   Failure to pay admission
   6-230   Discharge of firearms
   6-231   Abandoned automobiles
   6-232   Privately owned, semi-public parking lots and malls; regulations
§ 6-201  IMPERSONATING AN OFFICER.
   It shall be unlawful for any person other than a municipal or state police officer to wear an official badge or uniform or to falsely and willfully impersonate the said officials.
(2005 Code, § 6-201)
§ 6-202  REFUSING TO ASSIST OFFICER.
   It shall be unlawful refuse to assist a municipal police officer when lawfully requested to do so by him or her.
(2005 Code, § 6-202)
§ 6-203  RESISTING OFFICER.
   It shall be unlawful for any person to resist any municipal police officer attempting to make an arrest when such officer is in the lawful performance of his or her duties.
(2005 Code, § 6-203)
§ 6-204  ABUSING OFFICER.
   It shall be unlawful for any person, after he or she has been arrested, to abuse a police officer.
(2005 Code, § 6-204)
§ 6-205  TRESPASSING.
   It shall be unlawful for any person to trespass upon any private grounds within the municipality, or to break, cut or injure any tree, shrub, plant, flower or grass growing thereon, or without the consent of the owner or occupant to enter upon an improved lot or grounds occupied for residence purposes and to loiter about the same.
(2005 Code, § 6-205)
§ 6-206  MALICIOUS DESTRUCTION OF PROPERTY.
   It shall be unlawful for any person within the corporate limits to purposely, willfully or maliciously injure in any manner, or destroy any real or personal property of any description belonging to another.
(2005 Code, § 6-206)
§ 6-207  THEFT.
   It shall be unlawful for any person within the corporate limits to steal any money, goods or moveable property of any kind whatever. 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 $500 shall be deemed to be guilty of a misdemeanor.
(2005 Code, § 6-207)
§ 6-208  CONCEALING STOLEN PROPERTY.
   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.
(2005 Code, § 6-208)
§ 6-209  ARSON.
   Any person who willfully or maliciously sets on fire any property when the injury or damage therefrom shall be of a less value than $100 shall be deemed to be guilty of a misdemeanor.
(2005 Code, § 6-209)
§ 6-210  INJURY TO TREES.
   (A)   It shall be unlawful for any person to purposely or carelessly, and without lawful authority, cut down, carry away, injure, break down or destroy any fruit, ornamental, shade or other tree or trees standing or growing on any land belonging to another person or persons or on any public land in the corporate limits.
   (B)   Any public service company desiring to trim or cut down any tree, except on property owned and controlled by it, shall make an application to the governing body to do so, and the written permit of the governing body in accordance with its decision to allow such an action shall constitute the only lawful authority on the part of the company to do so.
(2005 Code, § 6-210)
§ 6-211  FIRE EQUIPMENT.
   It shall be unlawful for any person who is not an active member of the Municipal Fire Department to deface, destroy, handle or loiter about the equipment and property of the Fire Department.
(2005 Code, § 6-211)
§ 6-212  DRINKING IN PUBLIC.
   It shall be unlawful for any person to consume alcoholic beverages or have in his or her possession an open container of an alcoholic beverage in the public streets, alleys, roads, highways or upon any property owned by the municipality or other governmental subdivision thereof, or inside vehicles while upon the public streets, alleys, roads or highways, in theaters, dance halls or any other place open to the public; provided, the provisions of this section shall not apply to liquor establishments licensed by the state; provided also that, the City Council may allow drinking in certain public areas by passing a resolution.
(2005 Code, § 6-212)
§ 6-213  MISREPRESENTATION BY MINOR.
   It shall be unlawful for any minor to represent that he or she is of the age of 21 years for the purpose of asking for, purchasing or receiving any alcoholic beverages.
(2005 Code, § 6-213)
§ 6-214  MINOR IN POSSESSION.
   It shall be unlawful for any person under 21 years of age to transport, knowingly possess or have under his or her control in any motor vehicle, beer or other alcoholic liquor on any public street, alley, roadway or property owned by the state or any subdivision thereof, or any other place within the municipal limits.
(2005 Code, § 6-214)
§ 6-215  TOBACCO SALE PROHIBITED.
   It shall be unlawful for any person to sell or attempt to sell to any person under the age of 18 any tobacco, cigarettes or cigars of any kind.
(2005 Code, § 6-215)
§ 6-216  CONCEALED WEAPONS.
   (A)   It shall be unlawful for any person or persons to carry about his, her or their person any concealed pistol, revolver, knife, billy club, slingshot, metal knuckles or other dangerous weapon of any kind unless otherwise allowed under state or federal law, including the Concealed Handgun Permit Act, being Nebraska RS 69-2427 to 69-2449.
   (B)   Nothing herein shall be construed to apply to the municipal police.
(2005 Code, § 6-216)
§ 6-217  ASSAULTS.
   It shall be unlawful for a person to commit the offense of assault. A person commits the offense of assault if he or she intentionally, knowingly or recklessly causes bodily injury to another person or threatens another in a menacing manner.
(2005 Code, § 6-217)
§ 6-218  TERRORISTIC THREATS.
   It shall be unlawful for a person to commit a terroristic threat. A person commits a terroristic threat if he or she threatens to commit a crime likely to result in death or serious physical injury to another person or likely to result in substantial property damage to another person, or if he or she intentionally makes false statements with the intent of causing the evacuation of a building, place of assembly or facility of public transportation.
(2005 Code, § 6-218)
§ 6-219  DISTURBING THE PEACE.
   It shall be unlawful for any person or persons to assemble or gather within the municipality with the intent to do an unlawful or disorderly act or acts, by force or violence against the municipality, or residents therein, or who shall disturb the public peace, quiet, security, repose or sense of morality. Any person or persons so assembled or gathered shall be deemed to be guilty of a misdemeanor.
(2005 Code, § 6-219)
§ 6-220  DISORDERLY CONDUCT.
   Any person who shall knowingly start a fight, fight, commit assault or battery, make unnecessary noise or otherwise conduct themselves in such a way as to breach the peace shall be deemed to be guilty of a misdemeanor.
(2005 Code, § 6-220)
§ 6-221  CRIMINAL MISCHIEF.
   (A)   It shall be unlawful for a person to commit criminal mischief.
   (B)   A person commits criminal mischief if he or she:
      (1)   Damages property of another intentionally or recklessly;
      (2)   Intentionally or recklessly tampers with property of another so as to endanger person or property; or
      (3)   Intentionally or maliciously causes another to suffer pecuniary loss by deception or threat.
(2005 Code, § 6-221)
§ 6-222  DISTURBING AN ASSEMBLY.
   It shall be unlawful for any person or persons to disturb, interrupt or interfere with any lawful assembly of people, whether religious or otherwise, by loud and unnecessary noise, threatening behavior or indecent and shocking behavior. Any person or persons so disturbing an assembly shall be deemed to be guilty of a misdemeanor and fined in accord with state statute.
(2005 Code, § 6-222)
§ 6-223  WINDOW PEEPING.
   It shall be unlawful for any person to go upon the private premises of another to look or peep into any window, door or other opening in a building occupied by any other person.
(2005 Code, § 6-223)
§ 6-224  LITTERING.
   It shall be unlawful for any person to throw, cast, lay or drop on any public way or property any paper, scrap material or other waste whatsoever.
(2005 Code, § 6-224)
§ 6-225  PROHIBITED FENCES.
   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, where such fence abuts a public sidewalk, street or alley.
(2005 Code, § 6-225)
§ 6-226  APPLIANCES IN YARD.
   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.
(2005 Code, § 6-226)
§ 6-227  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.
(2005 Code, § 6-227)
§ 6-228  REMOVING DIRT.
   It is hereby declared unlawful for any person to remove, disturb or take away from any street, alley or public grounds any dirt, earth, stones or other materials forming a part of such street, alley or public grounds without first having obtained written permission to do so from the governing body.
(2005 Code, § 6-228)
§ 6-229  FAILURE TO PAY ADMISSION.
   No person shall enter upon any public or private grounds or buildings within the city for which there is a charge without paying the charge for admission or without the consent of the owner or occupant thereof.
(2005 Code, § 6-229)
§ 6-230  DISCHARGE OF FIREARMS.
   (A)   No person, except an officer of the law in the discharge of his or her duty, shall fire or discharge any gun, pistol or other firearm within the city. This section shall not apply to licensed shooting galleries, private gun club ranges approved by resolution, the Mayor and City Council or to private shooting ranges within buildings approved by the Mayor and City Council; when necessary for the public or individual defense and safety; or when necessary for the carrying on of any business or the presentation of any play, theatrical or stage performance or public spectacle duly authorized or licensed.
   (B)   No person shall discharge, or cause to be discharged, any air gun, bow or any other arms, or any slingshot or similar device loaded with rock or leaden or other dangerous missiles, at any time or under any circumstances.
   (C)   Private gun club ranges approved by resolution under this section may receive approval for a period not to exceed five years from the date of the resolution and the approval once granted may only be terminated by giving written notice at least 18 months prior to the expiration of any approved period. Additional periods of approval may be granted for additional five years or lesser periods, all subject to the termination period noted above. Failure to renew on approval shall be deemed a termination requiring 18 months’ notice.
(2005 Code, § 6-230)
§ 6-231  ABANDONED AUTOMOBILES.
   (A)   It shall be unlawful to abandon any automobile on the municipal streets, highways, alleys, parks or other property.
   (B)   An automobile shall be deemed to be abandoned if left unattended:
      (1)   With no number plates affixed thereto, for more than six hours on any public property;
      (2)   For more than 24 hours on any public property, except a portion thereof on which parking is legally permitted;
      (3)   For more than 48 hours, after the parking of such vehicle shall have become illegal, if left on a portion of a public property on which parking is legally permitted; or
      (4)   For more than seven days on private property if left initially without permission of the owner, or after permission of the owner shall be terminated.
   (C)   The title to any automobile so abandoned which at the time of such abandonment, has no number plates of the current year affixed and is of a wholesale value, taking into consideration the condition of such vehicle, of $100 or less, shall immediately vest in the municipality. In the event the automobile is licensed for the current year or is a wholesale value of over $100, the municipal police shall make a reasonable effort to contact the owner of the said automobile by sending a notice to the registered owner, if known; by sending an inquiry to the county it is registered in, if the owner is unknown; or by contacting the Director of Motor Vehicles, if the car is without license plates and the owner is unknown. If notified by the Director of Motor Vehicles that a lien or mortgage exists on said vehicle, 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. If the owner, lienholder or mortgagee, is known and does not claim the automobile within five days after the date when the notice was mailed, or upon receiving word from the Director of Motor Vehicles that the owner is unknown, title will immediately vest in the municipality and the automobile may be sold. Any proceeds from the sale of the automobile less any expenses incurred by the municipality in such removal, storage and sale shall be held without interest in a separate account for the benefit of the owner of such vehicle for a period of two years. If not claimed within such period of time, the proceeds shall then be paid into the General Fund.
   (D)   For purposes of this section, PUBLIC PROPERTY shall mean any public right-of-way, street, highway, alley, park or other state, county or municipally-owned property; and private property shall mean any privately-owned property which is not included within the definition of public property.
   (E)   Any person who abandons an automobile, as hereinbefore defined, shall be deemed to be guilty of a misdemeanor.
(2005 Code, § 6-231)
§ 6-232  PRIVATELY OWNED, SEMI-PUBLIC PARKING LOTS AND MALLS; REGULATIONS.
   (A)   Upon the written request of an owner or operator of a property, parking lot, shopping center or similar semi-public, but privately-owned, places within the city limits, the city may provide for regulation of traffic, parking, public uses and conduct of invitees upon such specified area. All written requests shall be directed to the City Administrator; shall contain a legal description of the area to be regulated; and a copy of each such request shall be kept on file in the office of the city’s Police Department.
   (B)   Upon receipt of each request as specified herein and upon each specified area, the city may enforce the following traffic laws regulating the flow of traffic, parking, speed limits, offenses against public morals, unlawful assembly, trespass and similar offenses as more fully set forth in this municipal code:
 
5-213
Right-of-way
5-210
Moving stopped vehicle
5-301
Littering
5-302
Glass; pointed objects
5-305
Speed limits
5-306
Reckless driving
5-306
Willful reckless driving
5-307
Careless driving
5-312
Negligent driving
5-309
Unnecessary stopping
5-311
Driving abreast
5-312
Following distance
5-315
Dragging; rope, chain
5-316
Riding; outside vehicle
5-317
Clinging to motor vehicles
5-318
Driving in sidewalk space
5-319
Vehicle; muffler
5-321
Police; refusal to obey
5-412
Parking; obstructing traffic
5-422
Go-karts and minibikes
5-602
Go-karts and minibikes; unlawful operation unlawful operation
 
(2005 Code, § 6-232)
ARTICLE 3: LITTER
Section
   6-301   Definitions
   6-302   Weed removal
   6-303   Vehicles; trailers and camper trailers
   6-304   Penalties
§ 6-301  DEFINITIONS.
   For the purpose of this article, the following definitions apply unless the context clearly indicates or requires a different meaning.
   LITTER. Any: trash, rubbish, garbage, debris; paper; rags; ashes; grain, cobs; wood, plaster, cement, brick or stone building rubble; discarded furniture; grass, leaves, twigs, trees, yard waste, worthless vegetation; dead animals, offal and any vehicle or parts thereof 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; are cast off, discarded or thrown away or left as waste, wreckage or junk. LITTER shall also mean any motor vehicle, trailer or camper trailer without current license plates and registration for a period of time in excess of 30 days, as well as any dismantled, partially dismantled, wrecked, junked or inoperable motor vehicle, trailer or camper trailer.
   NOXIOUS WEEDS. Leafy spurge, Canada thistle, Musk thistle and Plumeless thistle. NOXIOUS WEEDS also shall mean and include any weed designated and listed in regulations promulgated by the Director of Agriculture of the state.
(2005 Code, § 6-301)  (Ord. 2322, passed 4-20-2010; Ord. 2382, passed 6-7-2016)
§ 6-302  WEED REMOVAL.
   (A)   It is hereby declared to be unlawful for any owner, agent, occupant or person in possession, charge of or control of any lot or ground or any part of any lot, to permit, allow or maintain any growth of noxious weeds, grass and other rank growth of vegetation 12 inches or more in height, or to litter or to cause or allow litter to be deposited thereon or to allow litter to remain on such property, other than in proper receptacles provided therefor.
   (B)   It shall be the duty of each owner, agent, occupant or person in possession, charge or control of any lot or ground, or any part of any lot in the city to cut such lot or ground, together with that area between the property line and the curbed, paving or traveled roadway line, of all woods, grass and other rank growth of vegetation which has reached a height of 12 inches or more above the ground.
   (C)   It shall be unlawful for a person who owns or who is in control of any property to fail or refuse to keep such property free of litter, to prevent litter from being carried or deposited by the elements beyond such property or to allow litter to remain on such property.
   (D)   The city shall, during the month of April of each year, publish or cause to be published in one or more legal publications of general circulation a general notice setting forth the requirements of this section.
   (E)   The city shall notify the owner, agent, occupant and the person in possession, charge or control of any lot or ground, or any part of any lot in the city to cut such weeds or remove such litter. Such notice shall be by publication in a legal newspaper, published in said city and by certified mail through the United States Post Office, directed to such person. Five days after such notice, the city may proceed to have such work done as further provided hereafter.
   (F)   In the event the owner, agent, occupant or person in possession, charge or control of any lot or ground shall fail to comply with said published notice and clear or cut such lot, or ground, together with that area between the property line, and the curb, paving or traveled roadway line, of all weeds, grass and other rank growth of vegetation which has reached a height of 12 inches or more, and all litter, or both, as provided in this section, the city may cause such weeds, grass and other rank growth of vegetation to be cut or such litter to be removed, or any combination thereof, and assess the actual cost thereof as well as the direct costs associated with the administration, mailing of notices and publication of said assessments in amounts as determined by resolution of the City Council during the month of April in each year upon the property in the same manner as other special taxes for improvements are levied and assessed. The city shall maintain the right to continue the cutting of such weeds and removal of litter or any combination thereof, at all times thereafter until new growth of the following year.
   (G)   It is hereby further declared unlawful for any owner, agent, occupant or person in possession, charge of or control of any lot or ground or any part of any lot, to permit or allow any litter to be deposited on the area outside of the property line on the curb, sidewalks, alley or street.
(2005 Code, § 6-302)  (Ord. 779, passed 10-18-1977; Ord. 2322, passed 4-20-2010; Ord. 2346, passed 4-3-2012)
Statutory reference:
   Related provisions, see Neb. RS 18-1719
§ 6-303  VEHICLES; TRAILERS AND CAMPER TRAILERS.
   (A)   It shall be unlawful for any person who owns or is in control of any property to place, cause to be placed or allow to remain on his or her property any vehicle or vehicles, trailers or camper trailers, or parts thereof or any vehicular litter set forth in § 6-301 of this chapter; provided, however, that, this section shall not apply to any vehicle, trailer or camper trailer which is kept in the operation of a business pursuant to any municipal ordinance or is kept within a garage.
   (B)   Every such person shall be deemed guilty of a separate offense for every day on which such violation shall continue.
(2005 Code, § 6-303)  (Ord. 2382, passed 6-7-2016)
§ 6-304  PENALTIES.
   (A)   In addition to the payment of the actual costs as provided in § 6-302 of this article, any person, firm or corporation who fails to cut weeds, grass and other rank growth of vegetation or remove litter, or both, as required by this article shall pay the following penalties:
      (1)   For the first violation: a penalty in the sum of $100;
      (2)   For the second violation: a penalty in the sum of $200; and
      (3)   For the third violation and each subsequent violation thereafter: a penalty in the sum of $300.
   (B)   In the event any person, firm or corporation fails to pay the penalty herein provided the city may assess such penalty upon the property in the same manner as other special taxes for improvements are levied and assessed, or the city may sue any such person or persons in any court of competent jurisdiction for the amount of the penalty due and payable under the terms and provisions of this section, and may recover a judgment against such person or persons for the amount so due, together with interest.
(2005 Code, § 6-304)
ARTICLE 4: MISCELLANEOUS INFRACTIONS
Section
   6-401   Unlawful assembly
   6-402   Disorderly house; maintaining; inmate
   6-403   Failure to disperse
§ 6-401  UNLAWFUL ASSEMBLY.
   It shall be unlawful for two or more persons to assemble together within the city upon any sidewalk or street thereof, in front of or adjacent to any store, shop or other place of business so as to obstruct the public right-of-way along the street or sidewalk, or entrance of the place of business, or so as to obstruct or injure the carrying on of any lawful business in any of the places aforesaid.
(2005 Code, § 6-401)
§ 6-402  DISORDERLY HOUSE; MAINTAINING; INMATE.
   (A)   The term DISORDERLY HOUSE, as used in this section, shall be deemed to be any room, house, building, structure or premises where unlawful or illegal acts are being committed. It shall be unlawful for the owner, lessee or proprietor of any room, house, building structure or premises to knowingly collect or permit to be collected therein persons who are engaging in any unlawful act, or to knowingly make, cause, permit or suffer to be made therein any loud or improper noise to the annoyance or disturbance of any person or neighborhood.
(2005 Code, § 6-402)
   (B)   It shall be unlawful for any person to be an inmate of or visit or frequent any disorderly house as declared in the above section with knowledge of, and participating in, the illegal activities occurring therein.
(2005 Code, § 6-403)
§ 6-403  FAILURE TO DISPERSE.
   (A)   Whenever a police officer has probable cause to believe that a person or persons are creating a disturbance of the peace and quiet of any person or neighborhood, such police officer may order said person or persons not residing on the premises to disperse for the purpose of abating said disturbance.
   (B)   It shall be unlawful for any person to refuse to comply with a lawful order to disperse given by a police officer in the performance of the officer’s duties under this section.
(2005 Code, § 6-404)
ARTICLE 5: PENAL PROVISION
Section
   6-501   Violation; penalty
§ 6-501  VIOLATION; PENALTY.
   Any person who violates any of the prohibitions or provisions of any article or section of this chapter shall be deemed guilty of a misdemeanor. Unless otherwise specified in the particular article or section for which the person stands convicted of violation, the penalty for each such violation shall be in any amount not to exceed $300 in the discretion of the court.
(2005 Code, § 6-501)