Loading...
§ 130.15 MAINTAINING A NUISANCE.
   (A)   A person commits the offense of maintaining a nuisance if he or she erects, keeps up or continues and maintains any nuisance to the injury of any part of the citizens of this village.
   (B)   The erecting, continuing, using or maintaining of any building, structure or other place for the exercise of any trade, employment, manufacture or other business which, by occasioning noxious exhalations, noisome or offensive smells, becomes injurious and dangerous to the health, comfort or property of individuals or the public; the obstructing or impeding, without legal authority, of the passage of any navigable river, harbor or collection of water; or the corrupting or rendering unwholesome or impure of any watercourse, stream or water; or unlawfully diverting any such watercourse from its natural course or state to the injury or prejudice of others; and the obstructing or encumbering by fences, building, structures or otherwise of any of the public highways or streets or alleys of the village, shall be deemed nuisances.
   (C)   A person guilty of erecting, continuing, using, maintaining or causing any such nuisance shall be guilty of a violation of this section, and in every such case, the offense shall be construed and held to have been committed in any county whose inhabitants are or have been injured or aggrieved thereby.
   (D)   The court, in case of conviction of such offense, shall order every such nuisance to be abated or removed.
(Neb. Rev. Stat. § 28-1321) Penalty, see § 10.99
§ 130.16 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 the fence abuts a public sidewalk, street or alley.
Penalty, see § 10.99
Statutory reference:
   Restrictions on barbed wire fences, see Neb. Rev. Stat. § 39-307
§ 130.17 WEEDS, LITTER, STAGNANT WATER.
   (A)   Lots or pieces of ground within the municipality or within its extraterritorial zoning jurisdiction shall be drained or filled so as to prevent stagnant water or any other nuisance from accumulating thereon.
   (B)   The owner or occupant of any lot or piece of ground within the municipality shall keep the lot or piece of ground and the adjoining street and alleys free of growth of 12 inches or more in height of weeds, grasses or worthless vegetation.
   (C)   The owner or occupant of any lot or piece of ground within the municipality shall not mow, blow, sweep, cast or throw any grass clippings, leaves, sweepings or other yard waste into the public streets of the municipality.
   (D)   The throwing, depositing or accumulation of litter on any lot or piece of ground within the municipality is prohibited.
   (E)   It is hereby declared to be a nuisance to permit or maintain any growth of 12 inches or more in height of weeds, grasses or worthless vegetation; to mow, blow, sweep, cast or throw any grass clippings, leaves, sweepings or other yard waste into the public streets of the municipality; or to litter or cause litter to be deposited or remain thereon except in proper receptacles.
   (F)   Any owner or occupant of a lot or piece of ground shall, upon conviction of violating this section, be guilty of an offense.
   (G)   Notice to abate and remove such nuisance shall be given to each owner or owner’s duly authorized agent and to the occupant, if any, by personal service or certified mail. Within five days after receipt of such notice, if the owner or occupant of the lot or piece of ground does not request a hearing with the municipality or fails to comply with the order to abate and remove the nuisance, the municipality may have such work done. The costs and expenses of any such work shall be paid by the owner. If unpaid for two months after such work is done, the municipality may either:
      (1)   Levy and assess the costs and expenses of the work upon the lot or piece of ground so benefited as a special assessment in the same manner as other special assessments for improvements are levied and assessed; or
      (2)   Recover in a civil action the costs and expenses of the work upon the lot or piece of ground and the adjoining streets and alleys.
   (H)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      LITTER. Includes, but is not limited to: Trash, rubbish, refuse, garbage, paper, rags and ashes; wood, plaster, cement, brick or stone building rubble; grass, leaves and worthless vegetation; dead animals; and any machine or machines, vehicle or vehicles or parts of a machine or vehicle 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, or are cast off, discarded or thrown away or left as waste, wreckage or junk.
      WEEDS. Includes, but is not limited to, bindweed (Convolvulus arvensis), puncture vine (Tribulus terrestris), leafy spurge (Euphorbia esula), Canada thistle (Cirsium arvense), perennial peppergrass (Lepidium draba), Russian knapweed (Centaurea picris), Johnson grass (Sorghum halepense), nodding or musk thistle, quack grass (Agropyron repens), perennial sow thistle (Sonchus arvensis), horse nettle (Solanum carolinense), bull thistle (Cirsium lanceolatum), buckthorn (Rhamnus sp.) (tourn), hemp plant (Cannabis sativa) and ragweed (Ambrosiaceae).
(Ord. 2017-1, passed 9-5-2017) Penalty, see § 10.99
Statutory reference:
   Similar provisions, see Neb. Rev. Stat. §§ 17-563 and 18-1720
§ 130.18 DISCHARGE OF FIREARMS.
   It shall be unlawful for any person, except an officer of the law in the discharge of official duty, to fire or discharge any gun, pistol or other fowling piece within the village, except that nothing in this section shall be construed to apply to officially sanctioned public celebrations if the persons so discharging firearms have written permission from the Board of Trustees.
Penalty, see § 10.99
Statutory reference:
   Authority to regulate, see Neb. Rev. Stat. § 17-556
§ 130.19 SLINGSHOTS, AIR GUNS, BB GUNS.
   It shall be unlawful for any person to discharge a slingshot, air gun, BB gun or the like loaded with rocks or other dangerous missiles at any time or under any circumstances within the village.
Penalty, see § 10.99
§ 130.20 DRINKING ON PUBLIC PROPERTY; OPEN BEVERAGE CONTAINER.
   (A)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ALCOHOLIC BEVERAGE.
         (a)   Beer, ale, porter, stout and other similar fermented beverages, including sake or similar products, of any name or description, containing 0.5% or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefor;
         (b)   Wine of not less than 0.5% alcohol by volume; or
         (c)   Distilled spirits, which is that substance known as ethyl alcohol, ethanol or spirits of wine in any form, including all dilutions and mixtures thereof from whatever source or by whatever process produced.
         (d)   ALCOHOLIC BEVERAGE does not include trace amounts not readily consumable as a beverage.
      HIGHWAY. A road or street including the entire area within the right-of-way.
      OPEN ALCOHOLIC BEVERAGE CONTAINER. Any bottle, can or other receptacle:
         (a)   That contains any amount of alcoholic beverage; and
         (b)   1.   That is open or has a broken seal; or
            2.   The contents of which are partially removed.
      PASSENGER AREA. The area designed to seat the driver and passengers while the motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in their seating positions, including any compartments in the area. PASSENGER AREA does not include the area behind the last upright seat of the motor vehicle if the area is not normally occupied by the driver or a passenger and the motor vehicle is not equipped with a trunk.
   (B)   Except when the State Liquor Control Commission has issued a license as provided in Neb. Rev. Stat. §§ 53-186(2) or 60-6,211.08, it is unlawful for any person to consume alcoholic liquor upon property owned or controlled by the state or any governmental subdivision thereof unless authorized by the governing bodies having jurisdiction over such property.
   (C)   (1)   It is unlawful for any person in the passenger area of a motor vehicle to possess an open alcoholic beverage container while the motor vehicle is located in a public parking area or on any highway in the village.
      (2)   Except as provided in Neb. Rev. Stat. §§ 53-186 or 60-6,211.08, it is unlawful for any person to consume an alcoholic beverage:
         (a)   In a public parking area or on any highway in this municipality; or
         (b)   Inside a motor vehicle while in a public parking area or on any highway in the municipality.
(Prior Code, § 6-312) (Ord. 6-312, passed 6-6-2000) Penalty, see § 10.99
Statutory reference:
   Similar provisions, see Neb. Rev. Stat. §§ 53-186 and 60-6,211.08
§ 130.21 MINORS; PROHIBITED ACTS INVOLVING ALCOHOLIC LIQUOR.
   (A)   For purposes of this section, the definitions found in Neb. Rev. Stat. §§ 53-103.01 through 53-103.51 shall apply, including, but not limited to, the definitions of the terms alcoholic liquor, consume, minor, sale and to sell.
   (B)   Except as provided in § 111.43, no minor may sell, dispense, consume or have in his or her possession or physical control any alcoholic liquor in any tavern or in any other place, including public streets, alleys, roads or highways, upon property owned by the state or any subdivision thereof, or inside any vehicle while in or on any other place, including, but not limited to, the public streets, alleys, roads or highways, or upon property owned by the state or any subdivision thereof, except that a minor may consume, possess or have physical control of alcoholic liquor as part of a bona fide religious rite, ritual, or ceremony or in his or her permanent place of residence.
   (C)   It shall be unlawful for any person under 21 years of age to transport, consume or knowingly possess or have under his or her control beer or other alcoholic liquor in or transported by any motor vehicle.
(Prior Code, § 6-313) (Ord. 10-119, passed 7-2-2002)
Statutory reference:
   Similar provisions, see Neb. Rev. Stat. § 53-180.02
Loading...