Section
General Provisions
132.01 Fireworks
132.02 Sexual predator residency restrictions
Nuisance Offenses
132.15 Appliances in yard
132.16 Littering
132.17 Weeds, litter, stagnant water
132.18 Disposal of garbage, rubbish, trash, waste, and yard waste
Substance Offenses
132.30 Drinking on public property; open beverage container
132.31 Huffing
Motor Vehicle and Highway Offenses
132.45 Abandoned automobiles
132.46 Unlicensed or inoperable vehicles
Weapons Offenses
132.60 Discharge of firearms
132.61 Slingshots, air guns, BB guns
132.99 Penalty
GENERAL PROVISIONS
(A) Fireworks, generally. It shall be unlawful for any person to sell or dispense or ignite or cause to be exploded fireworks or firecrackers of any description whatsoever; except sparklers, vesuvius fountains, spray fountains, torches, color fire cones, star and comet type color aerial shells without explosive charges, for the purpose of making a noise, color wheels, lady fingers, not exceeding seven-eighths inch in length or one-eighth inch in diameter, and which do not contain more than one-half gram each in weight of explosive material. Consumer fireworks may be discharged from June 25 through July 3 between the hours of 8:00 a.m. and 11:00 p.m. and on July 4 between the hours of 8:00 a.m. and 12:00 a.m. and on December 31 from 8:00 a.m. to 1:00 a.m. on January 1. It shall be unlawful to discharge fireworks from 12:00 a.m. on July 4 to 8:00 a.m. on December 31 of that year and from 1:00 a.m. on January 1 of the following year to 8:00 a.m. on June 25 of that year.
(Prior Code, § 6-313)
(B) Sale of fireworks.
(1) It shall be unlawful for any person to sell, hold for sale, or offer for sale as distributor, jobber, or retailer any fireworks without first obtaining a license from the State Fire Marshal for the calendar year.
(2) Licensees shall only sell fireworks that have been approved by the State Fire Marshal.
(3) Consumer fireworks may be sold at retail only between June 24 and July 5 and between December 28 and January 1 of each year. (Prior Code, § 6-314)
(Ord. 646, passed 7-6-2004) Penalty, see § 132.99
Statutory reference:
Related provisions, see Neb. RS 28-1246 and 28-1249
(A) Findings and intent.
(1) The state legislature has found 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) Sex offenders who prey on children and who are at high risk to repeat such acts present an extreme threat to public safety. The cost of sex offender victimization to these children and society, at large, while incalculable, is exorbitant.
(3) It is the intent of this subchapter 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 subchapter, 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.
SCHOOL. A public, private, denominational, or parochial school which meets the requirements for state accreditation or approval prescribed in Neb. RS Ch. 79.
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.
(C) Sexual predator residency restrictions; exceptions.
(1) Prohibited location of residence. It is unlawful for any sexual predator to reside within 500 feet from 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) 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 thereof;
(b) Established a residence before July 1, 2006, and has not moved from that residence; or
(c) Established a residence after July 1, 2006, and the school or child care facility triggering the residency restriction was established after the initial date of the sexual predator’s residence at that location.
(Prior Code, § 6-333) (Ord. 727, passed 9-6-2016) Penalty, see § 132.99
Statutory reference:
Child Care Licensing Act, see Neb. RS 71-1908 et seq.
Sexual Predator Residency Restriction Act, see Neb. RS 29-4015 et seq.
Sex Offender Registration Act, see Neb. RS 29-4001 et seq.
Loading...