ORDINANCES OF A GENERAL AND PERMANENT NATURE

ORDINANCE NO. 361

   An ordinance of the City of Milford, Nebraska, codifying the general ordinances of the Municipality, repealing prior ordinances in conflict herewith.

   BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF MILFORD, NEBRASKA.

   Section 1. Codification. The general ordinances of the Municipality of Milford, Nebraska, are hereby codified into ten chapters and the articles and sections thereunder, which are adopted and declared to be ordinances of this Municipality.

   Section 2. Repeal of Prior Ordinances in Conflict. All ordinances and parts of ordinances of a general or permanent nature passed and approved prior to the passage and approval of this codification ordinance and in conflict with this ordinance or with any of the provisions of this ordinance, are hereby repealed; Provided, that in construing the provisions of this ordinance the following ordinances shall not be considered or held to be ordinances of a general or permanent nature, to-wit:

   1.   Ordinances vacating streets and alleys.

   2.   Ordinances authorizing or directing public improvements to be made.

   3.   Ordinances levying taxes or special assessments.

   4.   Ordinances granting any right, privilege, franchise, or license to persons, firms, or corporations.

   5.   Ordinances providing for the issuance of bonds or other instruments of indebtedness.

   6.   Ordinances establishing grades.

   7.   Real Estate Transactions.

   8.   Any other ordinance which by nature would be considered special.

   Section 3. Exceptions. The repeal of ordinances as provided in Section 2, Ordinance No. 361 shall not affect any rights acquired, fines, penalties, forfeitures, or liabilities incurred thereunder, or actions involving any of the provisions of such ordinances and parts thereof. Such ordinances above repealed are hereby continued in force and effect after the passage, approval and publication of this general codification ordinance for the purpose of all rights, fines, penalties, forfeitures, liabilities, and actions therefor.

   Section 4. Defining Chapters, Articles, and Sections. The chapters, articles, and sections as set forth herein shall be and hereby are declared to be the chapters, articles, and sections of this general codification ordinance. All ordinances hereafter passed by the local Governing Body of the Municipality shall be numbered consecutively, beginning with No. 362.

   Section 5. Severability. If any section, subsection, paragraph, sentence, clause, phrase, term, or provision of this ordinance should be declared invalid by any court of competent jurisdiction for any reason whatsoever, such decision shall not affect the remaining portions of this code, which will remain in full force and effect, and the provisions of this ordinance are hereby declared to be severable.

   Section 6. Blanket Penalty. Any person, his agents, or servants who shall violate any of the provisions of this Municipal Code unless otherwise specifically provided herein, shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in any sum not exceeding one hundred ($100.00) dollars. Whoever aids, abets, procures, encourages, requests, advises, or incites another to commit any act which is an offense under this Code or under any other ordinance of the Municipality may be prosecuted and punished as though he were the principal offender.

   Section 7. General Definitions:

   1.   Person. Whenever used in this code, the word person shall include natural persons, artificial persons, such as corporations, co-partnerships, associations, and all aggregate organizations of whatever character.

   2.   Gender and Number. All words used herein implying the masculine gender may apply to, and include the feminine or neuter gender and all words importing the plural may be applied to, and mean a single person, firm, or thing. All words importing the singular number may be applied to and mean the plural number.

   3.   Code, Ordinance, and Chapter. Municipal Code shall mean the General Codification Ordinance No. 361. Ordinance and chapter are used synonymously unless from the context the contrary clearly appears.

   4.   Wholesale Dealer. The words wholesale dealer or sellers of said product at wholesale shall embrace and include manufacturers of any product who sell the said product to other persons for the purpose of future resale to consumers.

   5.   Municipal and Municipality. The words Municipal and Municipality whenever used in this code mean the City of Milford, Nebraska, a Municipal Corporation.

   6.   Governing Body. The words Governing Body, whenever they appear in this Code mean the Mayor and City Council of the Municipality.

   7.   Mayor. The word Mayor means the Chief Administrative Official of the Municipality whenever it appears in this Code.

   8.   Municipal Police. Municipal Police shall mean any police officer of the Municipality whenever it appears in this Code.

   Section 8. Time. Whenever words fixing or importing time or the hour of the day are used in this Code, they shall be construed to mean Central Standard Time or Central Daylight Savings Time whichever is applicable.

   Section 9. Construction of Chapters, Articles, and Sections. For purposes of construction each chapter contained and arranged in this Code shall be considered as a separate and distinct ordinance grouped for convenience under the General Codification Ordinance No. 361, each section appearing in the several chapters of this Code shall be considered a separate and distinct unit of legislation germane to the chapter or article under which it is grouped and each article appearing in the said chapters shall be considered as a group of legislative units germane to the chapter wherein it is placed. Any chapter, article, or section duly enacted by the Governing Body of the Municipality and included in this Code, and any other independent ordinance, chapter, article, section, or subsection of an ordinance duly enacted shall be altered, amended, or revised only by the complete nullification and repeal of such ordinance, chapter, article, section, or subsection and by the substitution of a new ordinance, chapter, article, section, or subsection containing the entire ordinance, chapter, article, section, or subsection as amended, altered, or revised.

   Section 10. Publication and Distribution. This code was printed in book form under the direction of the Governing Body, and shall be distributed as they may see fit. (Ref 17-613, 17-614 RS Neb.)

   Section 11. When Operative. This ordinance shall be in full force and shall take effect from and after its passage, approval and publication according to law.

   Passed and approved February 19, 1974.

                                             Ralph Kapke

                                             Mayor

   Ruth J. Curtis

   Municipal Clerk

(SEAL)