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§ 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
§ 130.22 ABANDONED AUTOMOBILES.
   (A)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ABANDONED VEHICLE.
         (a)   A motor vehicle is an ABANDONED VEHICLE:
            1.   If left unattended, with no license plates or valid In Transit stickers issued pursuant to the Motor Vehicle Registration Act affixed thereto, for more than six hours on any public property;
            2.   If left unattended for more than 24 hours on any public property, except a portion thereof on which parking is legally permitted;
            3.   If left unattended for more than 48 hours, after the parking of such vehicle has become illegal, if left on a portion of any public property on which parking is legally permitted;
            4.   If left unattended for more than seven days on private property if left initially without permission of the owner, or after permission of the owner is terminated;
            5.   If left for more than 30 days in the custody of a village law enforcement agency after the agency has sent a letter to the last-registered owner and lienholder under division (D) below; or
            6.   If removed from private property by the village pursuant to a village ordinance or this code.
         (b)   An all-terrain vehicle or minibike is an ABANDONED VEHICLE:
            1.   If left unattended for more than 24 hours on any public property, except a portion thereof on which parking is legally permitted;
            2.   If left unattended for more than 48 hours, after the parking of such vehicle has become illegal, if left on a portion of any public property on which parking is legally permitted;
            3.   If left unattended for more than seven days on private property if left initially without permission of the owner, or after permission of the owner is terminated;
            4.   If left for more than 30 days in the custody of a village law enforcement agency after the agency has sent a letter to the last-registered owner and lienholder under division (D) below; or
            5.   If removed from private property by the village pursuant to a village ordinance or this code.
         (c)   A MOBILE HOME is an abandoned vehicle if left in place on private property for more than 30 days after the Village Board, pursuant to an ordinance or resolution, has sent a certified letter to each of the last-registered owners and posted a notice on the mobile home, stating that the mobile home is subject to sale or auction or vesting of title as set forth in Neb. Rev. Stat. § 60-1903.
         (d)   No motor vehicle subject to forfeiture under Neb. Rev. Stat. § 28-431 shall be an ABANDONED VEHICLE under this section.
      MOBILE HOME. A movable or portable dwelling constructed to be towed on its own chassis, connected to utilities, and designed with or without a permanent foundation for year-round living. It may consist of one or more units that can be telescoped when towed and expanded later for additional capacity, or of two or more units, separately towable but designed to be joined into one integral unit, and shall include a manufactured home as defined in Neb. Rev. Stat. § 71-4603. MOBILE HOME does not include a mobile home or manufactured home for which an affidavit of affixture has been recorded pursuant to Neb. Rev. Stat. § 60-169.
      PRIVATE PROPERTY. Any privately owned property which is not included within the definition of public property.
      PUBLIC PROPERTY. Any public right-of-way, street, highway, alley, or park or other state, county, or village-owned property.
(Neb. Rev. Stat. § 60-1901)
   (B)   If an abandoned vehicle, at the time of abandonment, has no license plates of the current year or valid In Transit stickers issued pursuant to Neb. Rev. Stat. § 60-376 affixed and is of a wholesale value, taking into consideration the condition of the vehicle, of $500 or less, title shall immediately vest in the village. Any certificate of title issued under this division to the city shall be issued at no cost to the village.
(Neb. Rev. Stat. § 60-1902)
   (C)   (1)   Except for vehicles governed by division (B) above, the village shall make an inquiry concerning the last-registered owner of such vehicle as follows:
         (a)   Abandoned vehicle with license plates affixed, to the jurisdiction which issued such license plates; or
         (b)   Abandoned vehicle with no license plates affixed, to the Department of Motor Vehicles.
      (2)   The village shall notify the last-registered owner, if any, and any lienholder, if any, within 15 business days that the vehicle in question has been determined to be an abandoned vehicle and that, if unclaimed, either:
         (a)   It will be sold or will be offered at public auction after five days from the date such notice was mailed; or
         (b)   Title will vest in the city 30 days after the date such notice was mailed.
      (3)   If the agency described in division (C)(1)(a) or (b) above also notifies the village that a lien or mortgage exists, such 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.
      (4)   Title to an abandoned vehicle, if unclaimed, shall vest in the village:
         (a)   Five days after the date the notice is mailed if the vehicle will be sold or offered at public auction under division (C)(2)(a) above;
         (b)   Thirty days after the date the notice is mailed if the village will retain the vehicle; or
         (c)   If the last-registered owner cannot be ascertained, when notice of such fact is received.
      (5)   After title to the abandoned vehicle vests pursuant to division (C)(4) above, the village may retain for use, sell, or auction the abandoned vehicle. If the village has determined that the vehicle should be retained for use, the village shall, at the same time that the notice, if any, is mailed, publish in a newspaper of general circulation in the jurisdiction an announcement that the village intends to retain the abandoned vehicle for its use and that title will vest in the village 30 days after the publication.
(Neb. Rev. Stat. § 60-1903)
   (D)   (1)   If a city law enforcement agency has custody of a motor vehicle for investigatory purposes and has no further need to keep it in custody, it shall send a certified letter to each of the last-registered owners, if any, and lienholders, if any, within 15 calendar days stating that the vehicle is in the custody of the law enforcement agency, that the vehicle is no longer needed for law enforcement purposes, and that after 30 days the agency will dispose of the vehicle.
      (2)   This division (D) shall not apply to motor vehicles subject to forfeiture under Neb. Rev. Stat. § 28-431.
      (3)   No storage fees shall be assessed against the registered owner of a motor vehicle held in custody for investigatory purposes under this division (D) unless the registered owner or the person in possession of the vehicle when it is taken into custody is charged with a felony or misdemeanor related to the offense for which the law enforcement agency took the vehicle into custody. If a registered owner or the person in possession of the vehicle when it is taken into custody is charged with a felony or misdemeanor but is not convicted, the registered owner shall be entitled to a refund of the storage fees.
(Neb. Rev. Stat. § 60-1903.01)
   (E)   (1)   A law enforcement agency is authorized to remove an abandoned or trespassing vehicle from private property upon the request of the private property owner on whose property the vehicle is located and upon information indicating that the vehicle is an abandoned or trespassing vehicle. After removal, the law enforcement agency with custody of the vehicle shall follow the procedures in Neb. Rev. Stat. §§ 60-1902 and 60-1903.
      (2)   A law enforcement agency is authorized to contact a private towing service in order to remove an abandoned or trespassing vehicle from private property upon the request of the private property owner on whose property the vehicle is located and upon information indicating that the vehicle is an abandoned or trespassing vehicle. A vehicle towed away under this division (E)(2) is subject to Neb. Rev. Stat. §§ 52-601.01 to 52-605 and 60-2410 by the private towing service which towed the vehicle.
      (3)   A private property owner is authorized to remove or cause the removal of an abandoned or trespassing vehicle from such property and may contact a private towing service for such removal. A private towing service that tows the vehicle shall notify, within 24 hours, the designated law enforcement agency in the jurisdiction from which the vehicle is removed and provide the registration plate number, the vehicle identification number, if available, the make, model, and color of the vehicle, and the name of the private towing service and the location, if applicable, where the private towing service is storing the vehicle. A vehicle towed away under this division (E)(3) is subject to Neb. Rev. Stat. §§ 52-601.01 to 52-605 and 60-2410 by the private towing service that towed the vehicle.
      (4)   For purposes of this section, a trespassing vehicle is a vehicle that is parked without permission on private property that is not typically made available for public parking.
(Neb. Rev. Stat. § 60-1903.02)
   (F)   If a state agency caused an abandoned vehicle described in division (A) above to be removed from public property in this village, the state agency shall be entitled to custody of the vehicle. If a state agency caused an abandoned vehicle described in division (A) above to be removed from public property in this city, the state agency shall deliver the vehicle to the city which shall have custody.
(Neb. Rev. Stat. § 60-1904)
   (G)   Any proceeds from the sale of an abandoned vehicle in the village’s custody less any expenses incurred by the village shall be held by the village without interest, for the benefit of the owner or lienholders of such vehicle for a period of two years. If not claimed within such two-year period, the proceeds shall be paid into the general fund of the village.
(Neb. Rev. Stat. § 60-1905)
   (H)   Neither the owner, owner’s agent, owner’s employee, lessee, nor occupant of the premises from which any abandoned vehicle is removed, nor the village, shall be liable for any loss or damage to such vehicle which occurs during its removal or while in the possession of the village or its contractual agent, while in the possession of a private towing service, or as a result of any subsequent disposition.
(Neb. Rev. Stat. § 60-1906)
   (I)   No person shall cause any vehicle to be an abandoned vehicle as described in division (A) above.
(Neb. Rev. Stat. § 60-1907)
   (J)   No person other than one authorized by the village or appropriate state agency shall destroy, deface, or remove any part of a vehicle which is left unattended on a highway or other public place without license plates affixed or which is abandoned. Anyone violating this division (J) shall be guilty of an offense.
(Neb. Rev. Stat. § 60-1908)
   (K)   The last-registered owner of an abandoned vehicle shall be liable to the village for the costs of removal and storage of such vehicle.
(Neb. Rev. Stat. § 60-1909)
   (L)   Any person violating the provisions of this section shall be guilty of an offense.
(Neb. Rev. Stat. § 60-1911) Penalty, see § 10.99
Statutory reference:
   Motor Vehicle Registration Act, see Neb. Rev. Stat. § 60-301
§ 130.23 UNLICENSED OR INOPERABLE VEHICLES.
   (A)   No person in charge or control of any property within the village, other than village property, whether as owner, tenant, occupant, lessee or otherwise, shall allow any partially dismantled, inoperable, wrecked, junked or discarded vehicle to remain on that property longer than 30 days.
   (B)   No unlicensed vehicle shall be permitted to remain on any private or public property for any length of time, provided that this section shall not apply to the following:
      (1)   A vehicle bearing a valid “In Transit” sticker;
      (2)   A vehicle in an enclosed building;
      (3)   A vehicle on the premises of a business enterprise operated in a lawful place and manner when the vehicle is necessary to the lawful operation of the business; or
      (4)   A vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the village.
   (C)   Any vehicle allowed to remain on property in violation of this section shall constitute a nuisance and shall be abated, and any person violating this section shall be guilty of an offense.
Penalty, see § 10.99
Statutory reference:
   “In Transit” stickers, see Neb. Rev. Stat. § 60-376