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(A) For the purpose of this section, the definitions found in Neb. RS 53-103.01 to 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 otherwise provided in § 111.015 of this code, 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 a 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.
(Neb. RS 53-180.02) Penalty, see § 133.99
Statutory reference:
Definitions, where found, see Neb. RS 53-103
Minor Alcoholic Liquor Liability Act, see Neb. RS 53-401 to 53-409
(A) (1) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOLIC BEVERAGE.
1. 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;
2. Wine of not less than 0.5% alcohol by volume;
3. 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; and
4. 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.
LIMOUSINE. A luxury vehicle used to provide prearranged passenger transportation on a dedicated basis at a premium fare that has a seating capacity of at least five and not more than 14 persons behind the driver with a physical partition separating the driver seat from the passenger compartment. LIMOUSINE does not include hotel or airport buses or shuttles, taxicabs or buses.
OPEN ALCOHOLIC BEVERAGE CONTAINER. Except as provided in Neb. RS 53-123.04(3) and 53-123.11(1)(c), any bottle, can or other receptacle:
1. That contains any amount of alcoholic beverage; and
2. a. That is open or has a broken seal; or
b. 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.
(2) Except as otherwise provided in this section, 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 this city.
(3) Except as provided in § 111.003 or division (A)(4) below, it is unlawful for any person to consume an alcoholic beverage:
(a) In a public parking area or on any highway in this city; or
(b) Inside a motor vehicle while in a public parking area or on any highway in this city.
(4) This section does not apply to persons who are passengers of, but not drivers of, a limousine or bus being used in a charter or special party service as defined by rules and regulations adopted and promulgated by the state’s Public Service Commission and subject to Neb. RS Chapter 75, Article 3. Such passengers may possess open alcoholic beverage containers and may consume alcoholic beverages while such limousine or bus is in a public parking area or on any highway in this city if:
(a) The driver of the limousine or bus is prohibited from consuming alcoholic liquor; and
(b) Alcoholic liquor is not present in any area that is readily accessible to the driver while in the driver’s seat, including any compartments in such area.
(Neb. RS 60-6,211.08)
(B) (1) It shall be unlawful for any person to drink alcoholic liquor of any kind on the streets or alleys, or upon property used or owned by the government of the United States, this state or any governmental subdivision thereof, or in theaters, dance halls or in any other place open to or frequented by the public within said city, unless such premises are licensed for such purposes by the state or unless a special permit has been granted for the same by the City Council.
(2) Upon application for a special permit for the consumption of alcoholic liquor on public streets or other public places, the City Council may permit such consumption on such terms and conditions as it may determine. For such permit to be issued, written application must be made to the City Clerk and the same must be acted upon at a special or regular meeting of the City Council. The terms and conditions for issuance of a special permit shall be set forth in the minutes of the meeting at which such application is considered.
(Prior Code, § 2-101) Penalty, see § 133.99
It shall be unlawful for any person to breathe or inhale any substance for the purpose of inducing a condition of intoxication, depression, exhilaration or any other distorting or disturbing state which affects the auditory, visual or nervous processes. Any person who shall sell or offer for sale any container of a substance producing such an effect and having the property of releasing toxic vapors shall be guilty of a misdemeanor if he or she has cause to suspect that the product sold will be used in violation of this section.
(Prior Code, § 2-133) Penalty, see § 133.99
MOTOR VEHICLE AND HIGHWAY OFFENSES
(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 city 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 city pursuant to a city 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 city 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 city pursuant to a city 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 a local governmental unit, 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. RS 60-1903.
(d) No motor vehicle subject to forfeiture under Neb. RS 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. RS 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. RS 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 city-owned property.
(Neb. RS 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. RS 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 city. Any certificate of title issued under this division to the city shall be issued at no cost to the city.
(Neb. RS 60-1902)
(C) (1) Except for vehicles governed by division (B) above, the city 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 city 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 (C)(1)(b) above also notifies the city 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 city:
(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 city 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 city may retain for use, sell, or auction the abandoned vehicle. If the city has determined that the vehicle should be retained for use, the city 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 city intends to retain the abandoned vehicle for its use and that title will vest in the city 30 days after the publication.
(Neb. RS 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 shall not apply to motor vehicles subject to forfeiture under Neb. RS 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. RS 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. RS 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 subsection is subject to Neb. RS 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 subsection is subject to Neb. RS 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. RS 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 city, 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. RS 60-1904)
(G) Any proceeds from the sale of an abandoned vehicle in the city’s custody less any expenses incurred by the city shall be held by the city 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 city.
(Neb. RS 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 city, shall be liable for any loss or damage to such vehicle which occurs during its removal or while in the possession of the city or its contractual agent, while in the possession of a private towing service, or as a result of any subsequent disposition.
(Neb. RS 60-1906)
(I) No person shall cause any vehicle to be an abandoned vehicle as described in division above.
(Neb. RS 60-1907)
(J) No person other than one authorized by the city 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 shall be guilty of an offense.
(Neb. RS 60-1908)
(K) The last-registered owner of an abandoned vehicle shall be liable to the city for the costs of removal and storage of such vehicle.
(Neb. RS 60-1909)
(L) Any person violating the provisions of this section shall be guilty of an offense.
(Neb. RS 60-1911) Penalty, see § 133.99
Statutory reference:
Motor Vehicle Registration Act, see Neb. RS 60-301
(A) No person in charge or control of any property within the city, other than city 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 city.
(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 § 133.99
Statutory reference:
“In Transit” stickers, see Neb. RS 60-376
It shall be unlawful for any person to be found soliciting trucks, automobiles or other vehicles to stop or slow down for the purpose of asking for a ride or riding on said vehicle.
(Prior Code, § 2-132) Penalty, see § 133.99
WEAPONS OFFENSES
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