City of Ogallala Municipal Code
Table of Contents
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DETAILED TABLE OF CONTENTS
1. ALARM SYSTEMS
General Provisions.
1-101. Definitions.
1-102. Compliance required.
Permits.
1-201. Permits; fees.
Rules and Regulations.
1-301. Installation, maintenance, testing, and use.
1-302. Information required.
1-303. False alarms.
1-304. Liability of City.
Penalty.
1-401. Penalty.
2. ALCOHOLIC BEVERAGES
General Provisions.
2-101. Definitions.
Licenses and Permits.
2-201. License required.
2-202. Licensee requirements.
2-203. License standards and criteria.
Rules and Regulations.
2-301. Liability of owner of premises.
2-302. Liability of employer.
2-303. Minors; prohibited acts involving alcoholic liquor.
2-304. Hours of sale.
2-305. Sanitary conditions.
2-306. Responsible beverage server training required.
Penalty.
2-401. Penalty.
3. ANIMALS
General Provisions.
3-101. Definitions.
3-102. Abandonment, neglect, and cruelty.
3-103. Killing and poisoning of animals.
3-104. At large dogs.
3-105. Nuisance dogs.
3-106. Dogs; collar required.
3-107. Limitation on number of dogs and cats.
3-108. Feces disposal and removal.
3-109. Impoundment.
3-110. Animal shelter.
3-111. Owner liable for damages.
3-112. Law enforcement officer; powers; immunity.
3-113. Interference with police.
License Requirements.
3-201. License requirements.
Animals and Fowl.
3-301. Animals and fowl.
3-302. Permits.
Dead Animals.
3-401. Dead animals.
Penalty.
3-501. Penalty.
4. BIDDING AND CONTRACTS
General Provisions.
4-101. Bidding and contracts.
4-102. Bid opening.
4-103. Preference for resident bidder.
4-104. Fair labor standards compliance.
4-105. Waiver of bidding procedure.
4-106. Purchase of personal property without bidding.
Penalty.
4-201. Penalty.
5. BINGO
General Provisions.
5-101. Adoption of state law.
Licenses and Permits.
5-201. Licenses and permits.
Rules and Regulations.
5-301. Compliance with state and local law.
Penalty.
5-401. Penalty.
6. BOARDS AND COMMITTEES
General Provisions.
6-101. Attendance requirements.
6-102. Advisory boards.
Board of Adjustment.
6-201. Appointment of members.
6-202. Organization.
6-203. Meetings.
6-204. Duties.
Board of Health.
6-301. Appointment of members.
6-302. Organization.
6-303. Meetings.
6-304. Duties.
Civil Service Commission.
6-401. Appointment of members.
6-402. Organization.
6-403. Meetings.
6-404. Duties.
6-405. Secretary and chief examiner.
Community Redevelopment Authority.
6-501. Creation.
6-502. Definitions.
6-503. Appointment of members.
6-504. Director.
6-505. Funds.
Firefighter’s Retirement Committee.
6-601. Appointment of members.
6-602. Duties.
Housing Authority.
6-701. Ownership.
6-702. Definitions.
6-703. Appointment of members.
6-704. Organization.
6-705. Meetings.
6-706. Duties.
Library Board.
6-801. Establishment of public library.
6-802. Definitions.
6-803. Legislative findings.
6-804. Library Board; members; elected; terms; vacancies, how filled.
6-805. Organization; officers; quorum.
6-806. Bylaws, rules, and regulations.
6-807. Mortgages; release or renewal.
6-808. Funds; buildings; custody and control.
6-809. Use of library for City or school purposes; contracts.
6-810. Funds; disbursement; sinking fund; bonds.
6-811. Building sites; acquisition; procedure.
6-812. General powers and duties: discrimination prohibited.
6-813. Use and purpose.
6-814. Annual report; contents.
6-815. Penalties; action to recover; disposition of funds collected.
6-816. Donations; Library Board may accept.
6-817. Real estate; sale and conveyance; conditions; remonstrance; procedure.
6-818. Property; exemption from execution and taxation.
6-819. Private and associate libraries; deposit and use; authorized; requirements.
Planning Commission.
6-901. Appointment of members.
6-902. Organization.
6-903. Meetings.
6-904. Duties.
Police Officer’s Retirement Committee.
6-1001. Appointment of members.
6-1002. Duties.
Tree Board.
6-1101. Appointment of members.
6-1102. Organization.
6-1103. Meetings.
6-1104. Duties.
7. BUILDING REGULATIONS
Adoption of Codes by Reference.
7-101. Adoption of building code.
7-102. Adoption of plumbing code.
7-103. Adoption of electrical code.
7-104. Adoption of life safety code.
Building Permits.
7-201. Building permits; fees.
7-202. Building moving permits; fees.
Electrical Installations.
7-301. Electrical installations.
Gas Installations and Permits.
7-401. Gas installation permits; fees.
7-402. Gas installation certificates of approval; fees.
Plumbing Installations and Permits.
7-501. Plumbing and appliance installation permits; fees.
7-502. Plumbing certificates of approval; fees.
Unsafe Buildings.
7-601. Definitions; nuisance declared.
7-602. Prohibition on unsafe buildings.
7-603. Determination and notice.
7-604. Hearing and appeal.
7-605. Emergency repair or demolition.
7-606. Special assessments.
Penalty.
7-701. Penalty.
8. CEMETERY
General Provisions.
8-101. Operation and funding.
8-102. Perpetual care fund.
Cemetery Manager.
8-201. Cemetery Manager.
Penalty.
8-301. Penalty.
9. CITY
General Provisions.
9-101. Corporate existence.
9-102. City seal.
9-103. Powers of City.
9-104. Service of process.
10. CITY CODE OF ORDINANCE
General Provisions.
10-101. Title of code.
10-102. Interpretation.
10-103. Application to future ordinances.
10-104. Codification of ordinance.
10-105. Captions.
10-106. Definitions.
10-107. Rules of interpretation.
10-108 Severability.
10-109. Reference to other sections.
10-110. Reference to offices.
10-111. Errors and omissions.
10-112. Official time.
10-113. Reasonable time.
10-114. Ordinances repealed.
10-115. Ordinances unaffected.
10-116. Repeal or modification of ordinance.
10-117. Statutory references; historical reference.
10-118. Supplementation of code of ordinances.
Penalty.
10-201. Penalty.
11. CITY COUNCIL
General Provisions.
11-101. Powers.
11-102. Composition; terms of office.
11-103. Qualifications; other offices; conflicts of interest.
11-104. Vacancies.
11-105. Compensation.
11-106. Organization.
11-107. President of Council/Mayor.
12. CITY OFFICERS AND PERSONNEL
General Provisions.
12-101. Appointment, administration, and investigation by Council.
12-102. Departments, offices, and compensation.
12-103. Merger of offices.
Officers.
12-201. Building Inspector.
12-202. City Attorney.
12-203. City Clerk.
12-204. City Manager.
12-205. City Physician.
12-206. City Treasurer.
12-207. Fire Chief and Assistant Fire Chief.
12-208. Planning & Zoning Administrator.
12-209. Plumbing Inspector.
12-210. Police Chief.
12-211. Public Works Director.
12-212. Special Engineer.
12-213. Street Superintendent.
12-214. Wastewater Superintendent.
12-215. Water Superintendent.
Personnel.
12-301. Personnel manual.
12-302. Property of City.
12-303. Contracts and conflicts of interest.
12-304. Compensation.
12-305. Bond.
12-306. Oath of office.
13. CONTRACTOR LICENSING
General Provisions.
13-101. License applications.
Gas Contractors.
13-201. Gas contractors.
Plumbers and Appliance Dealers.
13-301. Plumbers and appliance dealers.
Right of Way Contractors.
13-401. Right of way contractors.
13-402. Permits.
Sewer Contractors and Journeymen.
13-501. Sewer contractors and journeymen.
Penalty.
13-601. Penalty.
14. ELECTIONS
General Provisions.
14-101. Election procedures; adopted by reference.
14-102. Initiative and referendum; adopted by reference.
15. EMERGENCIES
General Provisions.
15-101. Emergency Succession Act adopted.
15-102. Emergency Management Act adopted.
16. FIRE DEPARTMENT
General Provisions.
16-101. Operation.
16-102. Membership.
16-103. Records of department.
16-104. Equipment of department.
Administration and Enforcement.
16-201. Fires outside corporate limits.
16-202. Inspections.
16-203. Violation procedure.
16-204. Arrest powers.
16-205. Fire investigations.
Retirement System.
16-301. Adoption by reference.
16-302. Retirement Committee.
Penalty.
16-401. Penalty.
17. FIRE PROTECTION AND PREVENTION
General Provisions.
17-101. Preservation of property.
17-102. Disorderly conduct.
17-103. Interference with fire equipment.
17-104. Obstruction of fire hydrants.
17-105. False alarms.
17-106. Pedestrians.
Fire Prevention.
17-201. Adoption of Life Safety Code.
17-202. Enforcement of fire code.
17-203. Oil burning; homemade stoves.
17-204. Open burning.
Penalty.
17-301. Penalty.
18. FIREWORKS
General Provisions.
18-101. Definitions.
18-102. Discharge of fireworks; permits.
18-103. Fireworks vendors.
Penalty.
18-201. Penalty.
19. FISCAL MANAGEMENT
General Provisions.
19-101. Financial statement.
19-102. Proposed budget statement; contents; availability; correction.
19-103. Budget hearing.
19-104. Budget filing.
19-105. Audit report.
19-106. Appropriations.
19-107. Expenditures.
19-108. Judgments against City.
19-109. Unlawful transfer of funds.
19-110. Lawful transfer of funds.
19-111. Insufficient funds.
19-112. Sinking funds.
19-113. Depositories.
19-114. Depository bond.
19-115. Depository securities.
19-116. Deposit maximums.
19-117. Investment of funds.
19-118. Claims and warrants.
Miscellaneous Expenditures.
19-201. Definitions.
19-202. Additional expenditures; City Council; powers; procedures.
19-203. Expenditures; limitations; exception.
Penalty.
19-301. Penalty.
20. FLOOD HAZARD REGULATION
General Provisions.
20-101. Statutory authorization, findings of fact and purposes.
20-102. Findings of fact.
20-103. Statement of purpose.
20-104. Abrogation and greater restrictions.
20-105. Interpretation.
20-106. Conflicting ordinances/resolutions.
20-107. Warning and disclaimer of liability.
20-108. Definitions.
Flood Hazard Regulations.
20-201. Local administrator responsibilities.
20-202. Local administrator additional responsibilities.
20-203. Designation of current FHMB/FIRM.
20-204. Permits required.
20-205. Development permit applications review.
20-206. All applications review.
20-207. Subdivision applications.
20-208. Water and sewage systems.
20-209. Construction of appurtenant structure.
20-210. Storage of material and equipment.
20-211. Carrying capacity within any watercourse.
20-212. Variance procedures.
20-213. Appeal.
20-214. Non-conforming use.
Penalty.
20-301. Penalty.
21. FRANCHISES
Charter Communications.
21-101. Grant of franchise.
Kinder Morgan, Inc.
21-201. Grant of franchise.
Nebraska Public Power District.
21-301. Grant of franchise.
Qwest Communications.
21-401. Grant of franchise.
22. HAZARDOUS MATERIAL
Hazardous Material.
22-101. Definitions.
22-102. Storage restrictions.
22-103. Portable storage and transportation devices.
22-104. High explosives.
Penalty.
22-201. Penalty.
23. HEALTH AND SANITATION
General Provisions.
23-101. Rules and regulations.
23-102. Enforcement authority.
23-103. Duties of Board of Health.
24. ITINERANT MERCHANTS
General Provisions.
24-101. Definitions.
Licenses.
24-201. License required; location of sales.
24-202. License application.
24-203. License fee.
24-204. License term.
24-205. License revocation.
24-206. License appeals.
Administration and Enforcement.
24-301. Enforcement.
24-302. Records of complaints and violations.
Penalty.
24-401. Penalty.
25. MEETINGS
Meetings of Public Body.
25-101. Declaration of intent.
25-102. Definitions.
25-103. Closed session.
25-104. Notice of meetings of public body.
25-105. Rights of the public.
25-106. Minutes.
25-107. Unlawful action.
Meetings of Council.
25-201. General provisions.
25-202. Witnesses.
25-203. Procedure.
25-204. Appearances before Council.
25-205. Agenda.
26. MOBILE HOME PARKS
General Provisions.
26-101. Definitions.
26-102. Applicability of provisions.
Licenses, Certificates and Permits.
26-201. Mobile home park license; fees.
26-202. Mobile home park alteration permit.
26-203. Mobile home permit.
26-204. Mobile home park certificate of occupancy.
Park Plans.
26-301. Plans required; fees.
26-302. Site plan.
26-303. Surface drainage and storm sewer plan.
26-304. Utility plan.
26-305. Drives.
26-306. Plan review.
26-307. Plan approval.
Design Standards and Operating Requirements.
26-401. Office and register.
26-402. Location.
26-403. Utilities.
26-404. Density.
26-405. Setbacks.
26-406. Drives.
26-407. Drive names and addresses.
26-408. Sidewalks.
26-409. Water supply.
26-410. Sewer system.
26-411. Electrical system.
26-412. Fuel supply.
26-413. Solid waste disposal.
26-414. Insect, rodent, and weed control.
26-415. Fire hydrants.
26-416. Mechanical systems.
26-417. Drainage.
26-418. Anchoring & blocking.
26-419. Skirting.
26-420. Life safety.
Administration and Enforcement.
26-501. Enforcement authority.
26-502. Conflicting provisions.
26-503. Violations.
Penalty.
26-601. Penalty.
27. NUISANCES
General Provisions.
27-101. Definitions.
27-102. Abatement procedure.
27-103. Enforcement jurisdiction.
27-104. Nuisances enumerated.
27-105. Sound amplifiers; permits.
Penalty.
27-201. Penalty.
28. OFFENSES
Property Offenses.
28-101. Destruction of City property.
28-102. Removing and disturbing dirt.
28-103. Radio interference.
28-104. Tree damage.
Public Peace, Safety, and Convenience Offenses.
28-201. Curfew for minors.
28-202. Disorderly conduct.
28-203. Hitching rides.
28-204. Obstruction of public ways.
28-205. Sexual predator residency restrictions.
28-206. Soliciting alms.
28-207. Street games.
Tobacco Offenses.
28-301. Tobacco possession by minors.
Weapons and Explosives.
28-401. Carrying a concealed weapon.
28-402. Discharge of firearms.
28-403. Firecrackers.
28-404. Slingshots, airguns, and BB guns.
Penalty.
28-501. Penalty.
29. ORDINANCES, RESOLUTIONS, AND MOTIONS
Ordinances, Resolutions, and Motions.
29-101. Powers of Council.
29-102. Passage, publication, and proof of ordinances.
29-103. Reading of ordinances.
29-104. Publication of ordinances.
29-105. Form of ordinances.
29-106. Title of ordinances.
29-107. Appropriation ordinances.
29-108. Emergency ordinances.
29-109. Amendment and revision of ordinances.
29-110. Resolutions and motions.
30. PARKS
General Provisions.
30-101. Operation and funding.
Rules and Regulations.
30-201. Destruction of property; litter.
30-202. Park hours.
30-203. Vehicle parking.
Penalty.
30-301. Penalty.
31. POLICE DEPARTMENT
General Provisions.
31-101. Operation and duties.
Retirement System.
31-201. Adoption by reference.
31-202. Retirement Committee.
32. PUBLIC RECORDS
General Provisions.
32-101. Public records available.
33. RAILROADS
Rules and Regulations.
33-101. Drainage.
33-102. Crossings.
33-103. Obstruction of streets.
33-104. Lights, signals, and flagpersons.
Penalty.
33-201. Penalty.
34. RECYCLING
General Provisions.
34-101. Purpose and declaration of policy.
34-102. Definitions.
34-103. Collection of recyclable materials.
34-104. Unauthorized collection of recyclable materials.
34-105. Unauthorized activities.
34-106. Permits.
Penalty.
34-201. Penalty.
35. SEXUALLY ORIENTED BUSINESSES
General Provisions.
35-101. Purpose and intent.
35-102. Definitions.
35-103. Classification of businesses.
Licenses.
35-201. License required; application for license.
35-202. Investigation of application.
35-203. License issuance and display.
35-204. Application and license fees.
35-205. Inspections.
35-206. License term and renewal.
35-207. License suspension.
35-208. License revocation.
35-209. License transfer.
Rules and Regulations.
35-301. Location of businesses.
35-302. Adult motels.
35-303. Films or videos.
35-304. Violations and exemptions.
Penalty.
35-401. Penalty.
36. SOLID WASTE MANAGEMENT
General Provisions.
36-101. Definitions.
36-102. Prohibited accumulation and disposal.
36-103. Vehicles conveying refuse and waste.
Penalty.
36-201. Penalty.
37. STREETS, SIDEWALKS AND PUBLIC WAYS
General Provisions.
37-101. Definitions.
37-102. Adoption of construction code.
37-103. Obstructions; permits.
37-104. Street beautification.
Sidewalks.
37-201. Accumulations on sidewalks.
37-202. Construction by private person; permit.
37-203. Construction specifications.
37-204. Maintenance of sidewalks.
37-205. Repair of sidewalks.
Streets.
37-301. Benchmarks.
37-302. Gutters and eave spouts.
37-303. Harmful liquids.
37-304. Heavy equipment, studded tires, and tire chains.
37-305. Manholes.
37-306. Mixing concrete or plaster on pavement.
37-307. Pegs and stakes.
37-308. Street names and numbers.
Underground Cable.
37-401. Permits.
37-402. Bond and liability insurance.
37-403. Construction specifications.
37-404. Interference with utility pipes.
37-405. Rental of space; fees; rent collection.
Penalty.
37-501. Penalty.
38. SUBDIVISIONS
General Provisions.
38-101. Purpose.
38-102. Jurisdiction.
38-103. Definitions.
38-104. Approval of subdivisions required.
38-105. Interpretation.
38-106. Conflicting provisions.
38-107. Amendments.
38-108. Variances, modifications, and waivers.
Procedure for Subdivision Approval.
38-201. Administrative subdivision.
38-202. Preliminary review.
38-203. Preliminary plat contents.
38-204. Preliminary plat approval.
38-205. Improvement plans and approval.
38-206. Final plat contents.
38-207. Final plat approval and acceptance.
38-208. Final plat distribution.
38-209. Restrictive covenants.
38-210. Fees and fee exemptions.
Design Standards.
38-301. Acreage subdivisions.
38-302. Alleys.
38-303. Blocks.
38-304. Curbs and gutters.
38-305. Drainage.
38-306. Driveways.
38-307. Easements.
38-308. Lights.
38-309. Lot access.
38-310. Lot arrangement and design.
38-311. Lot dimensions.
38-312. Marginal access streets.
38-313. Private streets and reserve strips.
38-314. Schools, parks, and playgrounds.
38-315. Sewer mains.
38-316. Sidewalks.
38-317. Street curves.
38-318. Street dedication requirements.
38-319. Street extension.
38-320. Street grades, widths, and elevations.
38-321. Street intersections.
38-322. Street jogs, cul-de-sacs, and half-streets.
38-323. Street location and right-of-way widths.
38-324. Street name signs.
38-325. Street names.
38-326. Street surfacing.
38-327. Street system generally.
38-328. Unsuitable land.
38-329. Utilities.
38-330. Water mains.
Improvements.
38-401. Improvements required.
38-402. Improvement construction and guarantees.
38-403. Improvement acceptance.
38-404. Drainage.
38-405. Fire hydrants.
38-406. Monuments.
38-407. Restrictive covenants.
38-408. Sewage disposal.
38-409. Streets.
38-410. Trees, shrubs, and other plantings.
38-411. Utilities.
38-412. Water supply.
Administration and Enforcement.
38-501. Filing approval for maps, plans, and plats required.
38-502. Municipal planning; additions; incorporation into municipality.
38-503. Unlawful structures.
Penalty.
38-601. Penalty.
39. TAXATION
General Provisions.
39-101. Property taxes.
39-102. Motor vehicle tax.
39-103. Occupation tax.
40. TREES AND SHRUBS
General Provisions.
40-101. Definitions.
Rules and Regulations.
40-201. Tree care.
40-202. Tree topping.
40-203. Trees overhanging right‑of‑way.
40-204. Dead and diseased trees.
40-205. Stumps.
40-206. Location and spacing of trees on public property.
40-207. Maintenance and removal of trees on public property.
Administration and Enforcement.
40-301. Interference with Tree Board.
Penalty.
40-401. Penalty.
41. VEHICLE REGULATIONS
Definitions.
41-101. Definitions.
Abandoned Vehicles.
41-201. Abandonment prohibited.
41-202. Impoundment.
41-203. Impoundment notice.
41-204. Impoundment facilities.
41-205. Disposition of impounded vehicles.
41-206. Title transfer.
Parking.
41-301. Alleys.
41-302. Congested district.
41-303. Curbs.
41-304. Emergency vehicles.
41-305. Fire hydrants and fire stations.
41-306. Intersections.
41-307. Manner of parking; coasting.
41-308. Mobile homes, trailers, and the like.
41-309. Obstructing vehicle or pedestrian traffic.
41-310. Parking designation of streets.
41-311. Parking tags; destruction and disregard.
41-312. Parking zones and vehicle restrictions.
41-313. Prohibited purposes: display and repair.
41-314. Schools and theaters.
41-315. Time limit on parking.
41-316. Removal of illegally parked vehicles.
41-317. Snow emergency routes.
41-318. Snow accumulation deposited on public ways.
41-319. Trucks.
41-320. Violation procedure.
Rules and Regulations.
41-401. All terrain vehicles.
41.402. Backing.
41-403. Bicycle registration.
41-404. Bicycle operation.
41-405. Clinging to motor vehicles.
41-406. Driving abreast.
41-407. Driving across sidewalk; emerging from building.
41-408. Driving on new pavement.
41-409. Emergency vehicles.
41-410. Emissions.
41-411. Engine brakes.
41-412. Funeral processions.
41-413. Noise.
41-414. Railroad crossings.
41-415. Riding on outside of vehicle.
41-416. Snow mobiles.
41-417. Sound equipment and permits; signs.
41-418. U‑turns.
Speed Limits.
41-501. Construction zone; signs; authority.
41-502. Maximum speed.
41-503. School zones.
Street Designations.
41-601. Arterial streets.
41-602. Designated truck routes.
41-603. One‑way streets.
41-604. Recreational linear corridors.
41-605. Truck routes.
Traffic Control Devices.
41-701. Crosswalks.
41-702. Signs and signals.
41-703. Traffic lane designation.
Administration and Enforcement.
41-801. Emergency regulations.
41-802. Enforcement authority.
41-803. Refusal to obey police.
41-804. Traffic officers.
Penalty.
41-901. Penalty.
42. WASTEWATER
Definitions.
42-101. Definitions.
Service.
42-201. Service applications.
42-202. Service deposit.
42-203. Connection and connection fees.
42-204. Service contracts.
42-205. Installation, connection, and excavation; permits.
42-206. Contractors.
42-207. Repair and replacement.
Rates and Billing.
42-301. Rates.
42-302. Billing.
42-303. Delinquent accounts; liens.
Rules and Regulations.
42-401. Hookup required.
42-402. Unlawful deposit of wastes.
42-403. Unlawful discharge of untreated sewage.
42-404. Private sewage disposal.
42-405. Unlawful entry into manholes; unlawful deposits.
42-406. Destruction of property.
Building Sewers.
42-501. Permits.
42-502. Costs and expenses.
42-503. Single premises restriction.
42-504. Existing sewer usage.
42-505. Specifications.
42-506. Stormwater and the like.
42-507. Inspection and connection.
42-508. Excavations.
Discharges.
42-601. Stormwater, cooling water, and the like.
42-602. Prohibited discharges; preliminary treatment.
42-603. Restricted discharges.
42-604. Remedies and options of City.
42-605. Grease, oil, and sand interceptors.
42-606. Maintenance of equipment.
42-607. Control manholes.
42-608. Measurements, tests, and analyses.
42-609. Special agreements.
Administration and Enforcement.
42-701. Wastewater Department.
42-702. Customer information required.
42-703. Inspections.
42-704. Liability of City and companies.
42-705. Powers of City.
42-706. Violations.
Penalty.
42-801. Penalty.
43. WATER
Definitions.
43-101. Definitions.
Service
43-201. Service applications.
43-202. Service deposit.
43-203. Taps and tap fees.
43-204. Service contracts.
43-205. Installation, connection, and excavation; permits.
43-206. Contractors.
43-207. Meters.
43-208. Repair and replacement.
43-209. Diversion of service.
Rates and Billing.
43-301. Rates.
43-302. Billing.
43-303. Discontinuance of service.
43-304. Delinquent accounts; liens.
Rules and Regulations.
43-401. Single premises restriction.
43-402. Water reduction and shutoff.
43-403. Hydrants.
43-404. Water restrictions.
43-405. Hookup required.
43-406. Destruction of property.
43-407. Private wells.
Wellhead Protection Area Code.
43-501. Title.
43-502. Purpose.
43-503. Definitions.
43-504. Wellhead Protection Area Plan.
43-505. Wellhead Protection Area Boundaries.
43-506. Encroachment of potential sources of contamination.
Cross-Connection Control and Backflow Prevention Code.
43-601. Title.
43-602. Purpose.
43-603. Designation of consumer's representative.
43-604. Cross-connection control and backflow prevention program.
43-605. Surveys and investigations.
43-606. Violations.
Administration and Enforcement.
43-701. Water Department.
43-702. Powers of City.
43-703. Liability of City.
43-704. Inspections.
43-705. Duties of police.
Penalty.
43-801. Penalty.
44. ZONING REGULATIONS
General Provisions.
44-101. Purpose.
44-102. Jurisdiction.
44-103. Nonconforming land, structures, and uses.
44-104. Definitions.
Districts Generally.
44-201. District classifications.
44-202. District boundaries; zoning maps.
44-203. District boundary interpretation.
A-1 Agricultural District.
44-301. Purpose and characteristics.
44-302. Permitted uses.
44-303. Special uses.
44-304. Area, yard, and height requirements.
A-2 Agricultural Residential District.
44-401. Purpose and characteristics.
44-402. Permitted uses.
44-403. Special uses.
44-404. Area, yard, and height requirements.
C-1 Business District – Central.
44-501. Purpose and characteristics.
44-502. Permitted uses.
44-503. Special uses.
44-504. Area, yard, and height requirements.
C-2 Business District – Highway.
44-601. Purpose and characteristics.
44-602. Permitted uses.
44-603. Special uses.
44-604. Area, yard, and height requirements.
C-3 Business District – Neighborhood.
44-701. Purpose and characteristics.
44-702. Permitted uses.
44-703. Special uses.
44-704. Area, yard, and height requirements.
C-4 Business District – Interstate Highway.
44-801. Purpose and characteristics.
44-802. Permitted uses.
44-803. Special uses.
44-804. Area, yard, and height requirements.
H-1 Historical District.
44-901. Purpose and characteristics.
44-902. Permitted uses.
44-903. Special uses.
44-904. Area, yard, and height requirements.
I-1 Industrial District.
44-1001. Purpose and characteristics.
44-1002. Permitted uses.
44-1003. Special uses.
44-1004. Area, yard, and height requirements.
R-1 Residential District – Low Density.
44-1101. Purpose and characteristics.
44-1102. Permitted uses.
44-1103. Special uses.
44-1104. Area, yard, and height requirements.
R-1s Residential District –Low Density Special.
44-1201. Purpose and characteristics.
44-1202. Permitted uses.
44-1203. Special uses.
44-1204. Area, yard, and height requirements.
R-2 Residential District – Medium Density.
44-1301. Purpose and characteristics.
44-1302. Permitted uses.
44-1303. Special uses.
44-1304. Area, yard, and height requirements.
R-3 Residential District – High Density.
44-1401. Purpose and characteristics.
44-1402. Permitted uses.
44-1403. Special uses.
44-1404. Area, yard, and height requirements.
Standards and Regulations; Generally.
44-1501. Applicability of provisions.
44-1502. General restrictions.
44-1503. Special exceptions.
Use Standards.
44-1601. Bed and breakfasts.
44-1602. Family care homes.
44-1603. Home occupations.
44-1604. Temporary uses.
Design Standards.
44-1701. Area, yard, and height requirements.
44-1702. Corner visibility.
44-1703. Group projects.
44-1704. Loading and unloading.
44-1705. Manufactured homes.
44-1706. Parking.
44-1707. Projections.
44-1708. Signs, awnings and billboards.
44-1709. Telecommunication towers.
44-1710. Townhouse and townhouse structure.
Board of Adjustment.
44-1801. General procedure.
44-1802. Proceedings of Board.
44-1803. Powers and duties.
44-1804. Variances.
44-1805. Appeals to Board.
44-1806. Appeals from Board.
Administration and Enforcement.
44-1901. Amendments.
44-1902. Annexations.
44-1903. Enforcement authority.
44-1904. Zoning certificates.
Penalty.
44-2001. Penalty.
CHAPTER 1
Article.
1. General Provisions.
2. Permits.
3. Rules and Regulations.
4. Penalty.
ARTICLE 1
GENERAL PROVISIONS
Section.
1-101. Definitions.
1-102. Compliance required.
1-101. Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
(1) Alarm system means any mechanical or electrical device which are connected directly to or received by telephone at the Public Safety Emergency Center that is arranged, designed, or used to signal the occurrence in the City of a burglary, robbery, or other criminal offense, fire emergency, or medical emergency requiring urgent attention and to which law enforcement, fire, or emergency medical personnel are expected to respond. Alarm systems include those through which public safety personnel are notified directly of such signals through automatic recording devices;
(2) Alarm user means any person, firm, corporation, partnership, or entity who or which purchases, leases, contracts for, or obtains an alarm system;
(3) Alarm vendor means any person, firm, corporation, partnership, or entity associated with an alarm business or company, either indirectly or directly, whose duties include but are not limited to any of the following: selling, replacing, moving, repairing, maintaining, or installing an alarm system on or in any structure, building, or facility;
(4) Altered alarm system shall mean a permitted alarm system which has been modified by installation of a different or additional method of detection the previous alarm system did not contain.
(5) False alarm means any alarm signal eliciting a response by emergency personnel where a situation requiring an emergency response by the emergency personnel does not in fact exist, but does not include an alarm signal caused by violent conditions of nature or other extraordinary circumstances not reasonably subject to control by the alarm business operator or alarm user. Alarms resulting from a utility service malfunction or interruption, verified in writing by the local utility company manager, shall be considered an exception to the above definition. The final determination of whether or not an alarm signal is a false alarm shall be made by the City Manager.
1-102. Compliance required.
(1) Every new system installed after the passage of this code shall comply with this chapter.
(2) Every alarm system existing before the passage of this code shall be placed in compliance with this chapter no later than 30 days after such passage date.
ARTICLE 2
PERMITS
Section.
1-201. Permits; fees.
1-201. Permits; fees.
(1) There is a permit fee, established by the City Council by Resolution, for all alarm systems which are connected directly to or received by telephone at the Public Safety Emergency Center to cover administrative costs. A permit must be obtained within 30 days of installation of a new or altered system. Permits must be obtained by all alarm system users by January 1 each year. Permits must be renewed on an annual basis by January 1 each year.
(2) If permits are not obtained on or before February 1 of each year, they are deemed delinquent. There is an additional charge, established by the City Council by Resolution, for delinquent permits. If a permit is not obtained on or before July 1 of each year, charges may be filed in county court against the individual responsible for the alarm system. Failure to obtain a permit is a misdemeanor.
(3) Alarm system permits shall be purchased from the City Clerk.
ARTICLE 3
RULES AND REGULATIONS
Section.
1-301. Installation, maintenance, testing, and use.
1-302. Information required.
1-303. False alarms.
1-304. Liability of City.
1-301. Installation, maintenance, testing and use.
(1) It shall be the responsibility of each alarm user to insure that the standards of installation and maintenance set forth in this chapter are maintained. All burglar alarm systems directly connected to the Public Safety Emergency Center must be tested at least once a month. All fire alarm systems directly connected to the Public Safety Emergency Center must be tested four times a year on a quarterly basis. Without the prior, express consent of the Fire or Police Department, systems shall not be tested so as to transmit a signal to public safety personnel. Testing is the responsibility of the alarm user and must be coordinated by contacting the Public Safety Emergency Center prior to the testing.
(2) It shall be the responsibility of any alarm vendor installing or maintaining an alarm system to cause such installation or maintenance to conform to the requirements of the fire code and the electric code applicable to the City.
(3) Each alarm system shall be utilized only for the purpose of summoning the public safety personnel for emergency and/or life hazard situations.
1-302. Information required.
Each alarm user must provide to the City on a form provided by the City Clerk the name, address, and telephone number of the alarm user and of the vendor, if any, with whom the alarm user has contracted for maintenance of the alarm system. Each alarm user shall provide the City with the name and address of the individual to whom legal notices should be sent. Each alarm user shall also provide the City with the names, addresses, and telephone numbers of those persons (not less than two) who can be contacted to turn off or deactivate an alarm system. It shall be the obligation of the alarm user to keep this information current and correct through supplementary notification filed on the same form.
1-303. False alarms.
(1) New and altered alarm systems shall be afforded a 30‑day adjustment period commencing with the date of activation in order that the system is brought to maximum efficiency. During those periods of time, no false alarms shall be charged against the system.
(2) If any alarm system produces four false alarms in any 12‑consecutive‑month period, written notice of that fact shall be given by certified mail or personal delivery to the alarm user's designee at the address listed on the notification and permit form.
(3) Thereafter, the City Manager shall have the power to require that the alarm user be charged a fee as established by the City Council by Resolution per false alarm above the four false alarms within a 12‑consecutive‑month period. The determination of this fee will be made by the City Manager, and notice of determination shall be given in the same manner as provided in this section for notice of excessive false alarms.
1-304. Liability of City.
Nothing in this chapter nor the existence of any other fact shall be construed to require a response by public safety personnel to an address or a location registering an alarm. The City shall neither assume nor bear any liability for its failure to respond to such an alarm signal.
ARTICLE 4
PENALTY
Section.
1-401. Penalty.
1-401. Penalty.
(1) Penalty amounts. Any person who violates any of the prohibitions or provisions of any section of this chapter shall be deemed guilty of a misdemeanor. Unless otherwise specified in this chapter or by statute, the penalty for such violation shall be in any amount not to exceed $1,000, in the discretion of the court; provided, whenever any section of this chapter shall declare a nuisance, a violation of that section shall be penalized by a fine of not more than $1,000, in which case a new violation shall be deemed to have been committed every 24 hours of such failure to comply.
(2) Abatement of nuisance.
(a) Whenever a nuisance exists as defined in this code, the City may proceed by a suit in equity to enjoin and abate the same, in the manner provided by law; and,
(b) Whenever, in any action, it is established that a nuisance exists, the court may, together with the fine or penalty imposed, enter an order of abatement as a part of the judgment in the case.
Statutory reference: Neb. RS 16‑225, 16‑240, 16‑246, 18‑1720
CHAPTER 2
Article.
1. General Provisions.
2. Licenses and Permits.
3. Rules and Regulations.
4. Penalty.
ARTICLE 1
GENERAL PROVISIONS
Section.
2-101. Definitions.
2-101. Definitions.
All words and phrases herein used are to have the definitions applied thereto as defined in the Liquor Control Act of the State of Nebraska.
Statutory reference: Neb. RS 53‑103
ARTICLE 2
LICENSES AND PERMITS
Section.
2-201. License required.
2-202. Licensee requirements.
2-203. License standards and criteria.
2-201. License required.
It shall be unlawful for any person to manufacture for sale, sell, keep for sale, or to barter any alcoholic liquors within the City unless said person shall have in full force and effect a license as provided by the Nebraska Liquor Control Act.
Statutory reference: Neb. RS 53‑168.
2-202. Licensee requirements.
It shall be unlawful for any person or persons to own an establishment that sells at retail any alcoholic beverages unless said person is all of the following:
(1) A resident of the county in which the premises is located;
(2) A person of good character and reputation;
(3) A citizen of the United States;
(4) A person who has never been convicted of a felony or any Class I misdemeanor pursuant to Neb. RS Chapter 28, Article 3, 4, 7, 8, 10, 11, or 12, or any similar offense under a prior criminal statute or in another state;
(5) A person who has never had a liquor license revoked for cause.
(6) A person whose premises, for which a license is sought, meets standards for fire safety as established by the State Fire Marshal; and,
(7) A person who has not acquired a beneficial interest in more than two alcoholic beverage retail establishments since March 4, 1963; provided, the beneficial interest requirement in this section shall not apply to a person applying for an additional license for use in connection with the operation of a hotel containing at least 25 sleeping rooms, or where the request is limited to the on‑premises sale of beer only in a restaurant.
Statutory reference: Neb. RS 53‑125
2-203. License standards and criteria.
(1) Local governing bodies shall only have authority to approve applications and deny licenses pursuant to the Nebraska Liquor Control Act.
(2) The Council shall consider the following licensing standards and criteria at the hearing and evaluation of any applicant for a retail alcoholic liquor license, for the upgrading of a license to sell alcoholic liquor, or for the expansion or change in location of the premises, and for the purpose of formulating a recommendation from the Council to the Nebraska Liquor Control Commission in accordance with the Nebraska Liquor Control Act:
(a) The adequacy of existing law enforcement resources and services in the area;
(b) The recommendation of the Police Department or any law enforcement agency;
(c) Existing motor vehicle and pedestrian traffic flow in the vicinity of the proposed licensed premises, potential traffic and parking problems, and the proximity and availability of on‑street and off‑street parking;
(d) Zoning restrictions and the City's zoning and land‑use policies;
(e) Sanitation or sanitary conditions on or about the proposed licensed premises;
(f) The existence of a citizen's protest and any other evidence in support of or in opposition to the application;
(g) The existing population, and projected growth, both City‑wide and within the area to be served;
(h) The existing liquor licenses, the class of each such license, and the distance and times of travel between establishments issued such licenses;
(i) Whether the proposed license would be compatible with the neighborhood or community where the proposed premises are located, as well as its projected growth;
(j) Whether the type of business or activity proposed to be operated or presently operated in conjunction with the proposed license is and will be consistent with the public interest as declared in Neb. RS 53‑101.01;
(k) Whether the applicant has taken every precaution to protect against the possibility of the shoplifting of alcoholic liquor, which alcoholic liquor shall be displayed and kept in and sold from an area which is reasonably secured;
(l) Whether the applicant is fit, willing, and able to properly provide the service proposed in conformance with all provisions and requirements of and rules and regulations adopted and promulgated pursuant to the act;
(m) Whether the applicant has demonstrated that the type of management and control exercised over the licensed premises will be sufficient to ensure that the licensee can conform to all the provisions and requirements of and rules and regulations adopted and promulgated pursuant to the act;
(n) The background information of the applicant established by information contained in the public records of the Commission and investigations conducted by law enforcement agencies;
(o) Past evidence of discrimination involving the applicant as evidenced by findings of fact before any administrative board or agency of the local governing body, any other governmental board or agency of the local governing body, any other governmental unit, or any court of law;
(p) Whether the applicant or the applicant's representatives suppressed any fact or provided any inaccurate information to the Commission or local governing body or the employees of the Commission or local governing body in regard to the license application or liquor investigations. The applicant shall be required to cooperate in providing full disclosure to the investigating agents of the local governing body;
(q) The proximity of and impact on schools, hospitals, libraries, parks, and public institutions;
(r) Whether activities proposed to be conducted on the licensed premises or in adjacent related outdoor areas will create unreasonable noise or disturbance; and,
(s) Compliance with state laws, liquor rules and regulations, and municipal ordinances and regulations and whether or not the applicant has ever forfeited bond to appear in court to answer charges of having committed a felony or charges of having violated any law or ordinance enacted in the interest of good morals and decency or has been convicted of violating or has forfeited bond to appear in court and answer charges for violating any law or ordinance relating to alcoholic liquor.
(3) The preceding standards are not necessarily of equal value that can be computed in a mathematical formula. Rather, they are standards which can be weighed and cumulated positively and negatively. The burden of proof and persuasion shall be on the party filing the application. When applicable, the term “applicant” as used herein is synonymous with “licensee.”
Statutory reference: Neb. RS 53‑134
Historical reference: Ord. 845, passed 5‑8‑86.
ARTICLE 3
RULES AND REGULATIONS
Section.
2-301. Liability of owner of premises.
2-302. Liability of employer.
2-303. Minors; prohibited acts involving alcoholic liquor.
2-304. Hours of sale.
2-305. Sanitary conditions.
2-306. Responsible Beverage Server Training Required.
2-301. Liability of owner of premises.
The owner of any premises used for the sale at retail of alcoholic beverages shall be deemed guilty of a violation of these laws to the same extent as the said licensee if the owner shall knowingly permit the licensee to use the said licensed premises in violation of any municipal code section or Nebraska Liquor Control Act.
Statutory reference: Neb. RS 53‑1,101.
2-302. Liability of employer.
The employer of any officer, director, manager, or employee working in a retail liquor establishment shall be liable and guilty of any act or omission or violation of any law or ordinance if such act is committed or omission made with the authorization, knowledge, or approval of the employer or licensee, and each such act or omission shall be deemed and held to be the act of the employer, and will be punishable in the same manner as if the said act or omission had been committed by him or her personally.
Statutory reference: Neb. RS 53‑1,102.
2-303. Minors; prohibited acts involving alcoholic liquor.
(1) For purposes of this section, the definitions found in Neb. RS 53-103 shall apply, including, but not limited to, the definitions of the terms alcoholic liquor, consume, minor, sale, and to sell.
(2) Minor's presence. It shall be unlawful for any person or persons who own, manage, or lease an establishment selling alcoholic beverages at retail to allow any minor under the age of 18 years to frequent or otherwise remain in the establishment unless the minor is accompanied by his or her parent or legal guardian, and unless said minor remains seated with, and under the immediate control of, the said parent or legal guardian.
(3) It shall be unlawful for any person under twenty-one 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.
Statutory reference: Neb. RS 53-103, 53-147, 53-180.02.
2-304. Hours of sale.
(1) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(a) Off sale shall mean alcoholic beverages sold at retail in the original container for consumption off the premises of the licensed establishment; and,
(b) On sale shall mean alcoholic beverages sold at retail by the drink for consumption on the premises of the licensed establishment.
(2) It shall be unlawful for any licensed person or persons or their agents to sell any alcoholic beverages within the municipality except during the hours provided herein, provided that such limitations shall not apply after 12:00 p.m. noon on Sunday to a licensee which is a nonprofit corporation holding a license pursuant to Neb. RS 53‑124(5)(c) and (h):
HOURS OF SALE
Alcoholic Liquors (except beer and wine)
Secular Days
Off Sale 6:00 a.m. to 1:00 a.m.
On Sale 6:00 a.m. to 1:00 a.m.
Sundays
Off Sale 12:00 noon to 1:00 a.m.
On Sale 12:00 noon to 1:00 a.m.
Beer and Wine
Secular Days
Off Sale 6:00 a.m. to 1:00 a.m.
On Sale 6:00 a.m. to 1:00 a.m.
Sundays
Off Sale 6:00 a.m. to 1:00 a.m.
On Sale 6:00 a.m. to 1:00 a.m.
Statutory reference: Neb. RS 53‑179
2-305. Sanitary conditions.
It shall be unlawful to open for public use any retail liquor establishment that is not in a clean and sanitary condition. Toilet facilities shall be adequate and convenient for customers and patrons and said licensed premises shall be subject to any health inspections the Council or the City Police may make or cause to be made. All applications for liquor licenses shall be viewed in part from the standpoint of the sanitary conditions, and a report concerning the said sanitary conditions shall be made at all hearings concerning the application for, or renewal of, a liquor license.
Statutory reference: Neb. RS 53‑118
2-306. Responsible Beverage Server Training Required.
The Ogallala City Council finds that sales and service of Alcoholic Liquors to persons who are inebriated and to persons under the age of 21 result in serious public health and safety problems, such as alcohol abuse, drunk driving, vehicle accidents, injuries and death. It shall be unlawful for any person, business or entity with a Nebraska Retail Liquor License or Special Designated Permit to allow employees or designated persons to sell, serve or furnish alcoholic beverages within the City of Ogallala without first obtaining a Responsible Beverage Server Training certificate by completion of a Responsible Beverage Server Training course approved by the Nebraska Liquor Control Commission. Such courses can be found on the Nebraska Liquor Control Commission website and include Responsible Hospitality Council, CARE for Servers, TIPS, Midwest Bartender’s School, Servsafe Alcohol, and a free web based course developed by the University of Nebraska-Lincoln, Office of Extended Education & Outreach.
(1) Proof of completion will be provided for persons successfully completing the training. The proof of completion is usually in the form of a certificate, which shall remain with said individual wherever employed within the City of Ogallala. The certificate will be valid for three years
(2) All Nebraska Liquor Licensees or Special Designated Permit holders within the City of Ogallala must keep current with the Ogallala City Clerk a list of employees and/or designated persons that serve, sell or furnish alcoholic beverages under the said license or permit.
(3) All persons who serve, sell, or furnish alcoholic beverages under any Nebraska Liquor License or Special Designated Permit must complete the Responsible Beverage Server Training prior to serving, selling or furnishing alcoholic beverages within the City of Ogallala.
ARTICLE 4
PENALTY
Section.
2-401. Penalty.
2-401. Penalty.
(1) Penalty amounts. Any person who violates any of the prohibitions or provisions of any section of this chapter shall be deemed guilty of a misdemeanor. Unless otherwise specified in this chapter or by statute, the penalty for such violation shall be in any amount not to exceed $1,000, in the discretion of the court; and; provided, whenever any section of this chapter shall declare a nuisance, a violation of that section shall be penalized by a fine of not more than $1,000, in which case a new violation shall be deemed to have been committed every 24 hours of such failure to comply.
(2) Abatement of nuisance.
(a) Whenever a nuisance exists as defined in this chapter, the City may proceed by a suit in equity to enjoin and abate the same, in the manner provided by law.
(b) Whenever in any action it is established that a nuisance exits, the court may, together with the fine or penalty imposed, enter an order of abatement as a part of the judgment in the case.
Statutory reference: Neb. RS 16‑225, 16‑240, 16‑246, 18‑1720
CHAPTER 3
Article.
1. General Provisions.
2. License Requirements.
3. Animals and Fowl.
4. Dead Animals.
5. Penalty.
ARTICLE 1
GENERAL PROVISIONS
Section.
3-101. Definitions.
3-102. Abandonment, neglect, and cruelty.
3-103. Killing and poisoning of animals.
3-104. At large dogs.
3-105. Nuisance dogs.
3-106. Dogs; collar required.
3-107. Limitation on number of dogs and cats.
3-108. Feces disposal and removal.
3-109. Impoundment.
3-110. Animal shelter.
3-111. Owner liable for damages.
3-112. Law enforcement officer; powers; immunity.
3-113. Interference with police.
3-101. Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
(1) Abandon means to leave any animal, by its owner or other person responsible for its care or custody, any length of time, without making effective provisions for its food, water, or other care as is reasonably necessary for the animal's health and proper care;
(2) Animal means any vertebrate member of the animal kingdom except man. The term shall not include an uncaptured wild creature;
(3) At large animal means any animal not kept confined to the premises of the owner thereof or kept on a leash or under direct supervision and adequate control by the owner to prevent it from doing mischief or being a nuisance or destroying or damaging property of another, and shall for the purposes of this chapter be deemed to be running at large;
(4) Cruelly mistreat means to knowingly and intentionally kill, maim, disfigure, torture, beat, mutilate, burn, scald, or otherwise set upon any animal;
(5) Cruelly neglect means to fail to provide any animal in one's care, whether as owner or custodian, with food, water, or other care as is reasonably necessary for the animal's health;
(6) Humane killing means the he destruction of an animal by a method which causes the animal a minimum of pain and suffering;
(7) Law enforcement officer means any member of the Nebraska State Patrol, any county or deputy sheriff, or any member of the police force of any City or village authorized to enforce state or local animal control laws, rules, regulations, or ordinances; and,
(8) Owner shall mean any person, firm corporation, organization, political subdivision, or department possessing, harboring, keeping, or having control or custody of an animal or permitting any animal to habitually be or remain on, or be lodged or fed within, such person's house, yard, or premises. This term shall not apply to veterinarians or kennel operators temporarily maintaining on their premises animals owned by others for a period of more than 30 days;
(9) Police animal means a horse or dog owned or controlled by the State of Nebraska for the purpose of assisting a Nebraska state trooper in the performance of his or her official enforcement duties.
Statutory reference: Neb RS 28-1008.
3-102. Abandonment, neglect, and cruelty.
(1) Abandonment. No person shall abandon any animal within the City. Any animal abandoned in the City shall be surrendered to the Ordinance Enforcement Officer for impoundment or disposal.
(2) Cruelty to animals.
(a) No person shall cruelly or unnecessarily beat, overwork, or insufficiently shelter or feed any animal within the City. A person commits cruelty to animals if he or she intentionally or recklessly:
(i) Subjects any animal to cruel mistreatment;
(ii) Abandons any animal; or,
(iii) Kills or injures any animal belonging to another.
(b) Any animal treated cruelly after the owner or person in control of said animal has been given written notice of said violation and has not corrected the same within 24 hours thereafter shall be deemed surrendered to the Ordinance Enforcement Officer for impoundment or disposal.
(3) Warrant. Whenever a violation of subsection (1) or (2) has occurred and a citation has been filed, the City Attorney may request a court of competent jurisdiction to issue a warrant authorizing the seizing of the animal affected by the Ordinance Enforcement Officer. Any animal seized as the result of the issuance of a warrant shall be held by the City until final disposition of the action by the issuing court.
(4) Cruelty. A person commits cruelty to animals if he or she abandons, cruelly mistreats, or cruelly neglects an animal.
Statutory reference: Neb. RS 16‑235, 16‑240, 28‑1008, 28-1009, 74-4401.
Historical reference: Ord. 836 passed 10-22-85 and Ord. 951 passed 12-11-90.
3-103. Killing and poisoning of animals.
It shall be unlawful to kill or to administer or cause to be administered poison of any sort to an animal or in any manner to injure, maim, or destroy, or in any manner attempt to injure, maim, or destroy, any animal that is the property of another person, or to place any poison or poisoned food where the same is accessible to an animal.
Statutory reference: Neb. RS 28‑1008, 28‑1009.
3-104. At large dogs.
(1) It shall be unlawful for any person owning, keeping, or harboring any dog to permit, suffer, or allow said dog to run at large within the City. For the purpose of this section, any dog shall be deemed to have been permitted, suffered, or allowed by its owner, keeper, or harborer to run at large when outside of the property of the owner, keeper, or harborer and not effectively physically restrained on a chain or leash or behind a suitable fence or other proper method of physical restraint from which it cannot escape.
(2) A legally blind person using a “seeing eye dog” or a deaf person using a “hearing dog” in the customary manner shall be deemed to be in compliance with this section.
(3) Official use of dogs by any governmental unit shall be deemed in compliance with this section.
(4) Any person owning, keeping, or harboring any dog found to be running at large shall be subject to the penalties and provisions of this chapter.
Statutory reference: Neb. RS 16‑206, 16‑235.
Historical reference: Ord. 945, passed 2‑13‑90
3-105. Nuisance dogs.
It shall be unlawful for any person to own, keep, or harbor any dog which by loud, continued, or frequent barking, howling, or yelping may disturb the quiet of the neighborhood after 10:00 p.m. or before 6:00 a.m. prevailing time, or which habitually chases pedestrians, drivers, or owners of horses or vehicles while they are on any public sidewalks, streets, or alleys in the City. It shall be unlawful for any owner or persons responsible to said owner to permit the continual barking of any dog or dogs between 6:00 a.m. and 10:00 p.m. Continued barking shall mean the barking of any dog or dogs for a continuing period of 30 seconds or more on three or more occasions during any twenty minute period. The provisions of this section shall not be construed to apply to the City Animal Shelter. No summons and complaint shall be issued for any single violation of this section unless there are at least two (2) or more complaining witnesses from separate households who have signed the complaint. Accumulation of more than three (3) nuisance dog convictions in a one year period, for the same animal, may cause the animal to be destroyed, at the owner’s expense, upon the recommendation of the court.
Statutory reference: Neb RS 54-605, 54-606, 54-607.
3-106. Dogs; collar required.
(1) It shall be the duty of every owner or owners of any dog or dogs to securely place upon the neck of such dog or dogs a good and sufficient collar with a metallic plate thereon. The plate shall be plainly inscribed with the name of such owner.
(2) Every person who shall harbor about his or her premises a collarless dog for the space of ten days shall be taken and held as the owner, and shall be liable for all damages which such dog shall commit.
(3) Whoever, being the owner of any dog, shall permit the same to run at large for ten days, without such collar as hereinbefore described being securely placed upon the neck of such dog, shall be fined in any sum not exceeding twenty-five dollars.
Statutory reference: Neb RS 54-605, 54-606, 54-607.
3-107. Limitation on number of dogs and cats.
(1) Maximum number; exceptions. It shall be unlawful and a public nuisance for any person in charge of a residence to keep or allow to be kept more than four dogs or cats, or any combination of such animals exceeding four in number, over the age of 90 days at such residence, unless the residence or the owner of the dogs and cats kept there is within one or more of the following exceptions:
(a) The residence is licensed as a commercial animal establishment; or
(b) The owner of the dogs and cats over 90 days of age has applied for and received a permit to keep dogs and cats in excess of four as provided for under this section and, upon request of any officer, presents for inspection such permit.
(2) Application for permit. Application for a permit as provided for under this section shall be made in writing to the Planning and Zoning Administrator on a form furnished by the City Clerk. Such application shall state:
(a) The name and address of the owner of the dogs or cats;
(b) The breed, color, age and sex of the dogs or cats;
(c) Whether such dogs or cats are licensed under this chapter;
(d) Whether such dogs or cats are neutered, spayed or intact;
(e) Such other information as may identify the dogs or cats; and
(f) Such other information as the Planning and Zoning Administrator may require.
The application shall certify to the information contained in such application under penalty of law for the willful making of any untrue statement. The application shall further state, by making and signing the application that the applicant consents to an inspection of premises where the animals are kept. Failure to allow such inspection of premises shall result in denial of the application.
(3) Issuance of permit; revocation; expiration. Upon receipt of an application for a permit provided for under this section, the Planning and Zoning Administrator shall investigate the premises and the manner in which the dogs or cats are kept. A permit shall be issued only if the locating and the keeping of the dogs and cats is, in the opinion of the Planning and Zoning Administrator, such as not to be a health hazard or nuisance to the surrounding neighborhood. An attempt shall be made as a part of the application investigation to contact the neighbors in order to determine if they have any objection to the issuance of the permit. A permit issued under the provisions of this section may be revoked by the Planning and Zoning Administrator for the violation by the holder of such permit of any provision of this section or any other applicable provision of this chapter. All permits issued under the provisions of this section shall be valid for a period of two years of their issuance.
(4) Violations. When animals in excess of the limit established in this section are found at a residence, the owner of the animals shall have 72 hours to comply with this section. Failure to comply within 72 hours shall constitute a violation of this section and shall be punished as provided. Any combination of dogs or cats in excess of four in number shall be considered one violation of this section, but each day in violation shall constitute a separate offense.
(5) Review of issuance or revocation of permit. The issuance or revocation of a permit shall be reviewable by the City Council upon request of any interested party. The request for the City Council to review the issuance or revocation of a permit shall be in writing to the City Clerk, requesting that it be included on the agenda of the next regularly scheduled meeting of the City Council. In reviewing the commission's action, the City Council may approve, disapprove, or take no action at all, which in the latter case shall mean that the Planning and Zoning Administrator’s action shall stand. As part of this review process, the Council shall have the power to grant or revoke a permit.
3-108. Feces disposal and removal.
(1) When any animal defecates on any property other than the property of the owner or custodian of the animal, including common areas of condominiums, townhouses, duplexes or apartments, it shall be the duty of the owner or custodian of the animal to immediately remove and properly dispose of the animal feces.
(2) It is unlawful for any person to allow the accumulation of animal feces on any property owned, occupied or controlled by such person, if such accumulation creates an unsanitary, offensive or unhealthy condition.
(3) It is unlawful for any person to place animal feces in storm sewers or upon the property of another, or to dispose of such feces in any manner except by depositing such feces in a toilet or a covered container normally used for refuse or garbage.
3-109. Impoundment.
It shall be the duty of the City Police to capture, secure, and remove in a humane manner to the City Animal Shelter, any animal violating any of the provisions of this chapter. The animals so impounded shall be treated in a humane manner and shall be provided with a sufficient supply of food and fresh water each day. Each impounded animal shall be kept and maintained at the City Animal Shelter for a period of not less than five days, unless reclaimed earlier by the owner. Notice of impoundment of animals whose owners are not known, including any significant marks or identifications, shall be posted at the Ogallala Police Department as public notification of such impoundment. Any animal may be reclaimed by its owner during the period of impoundment by payment of the impoundment fee as set by resolution of the Council and maintained on file in the office of the City Clerk. The owner shall then be required to comply with the licensing and rabies vaccination requirements within 72 hours after release. If the animal is not claimed at the end of the time specified herein, the City Police may dispose of the animal in accordance with the applicable rules and regulations pertaining to the same; provided, that if in the judgment of the City Police a suitable home can be found for any such animal within the City, said animal shall be turned over to that person and the new owner shall then be required to pay all fees and meet all licensing and vaccinating requirements provided in this chapter. The City shall acquire legal title to any unlicensed animal impounded in the City Animal Shelter after five days. All animals shall be destroyed in the summary and humane manner as prescribed by applicable laws or rules and regulations.
Statutory reference: RS 16‑235, 71-4408.
3-110. Animal shelter.
The Animal Shelter shall be safe, suitable, and conveniently located for the impounding, and, keeping of animals. The said shelter shall be sanitary, ventilated, and lighted.
Statutory reference: Neb. RS 16‑236.
3-111. Owner liable for damages.
Dogs are hereby declared to be personal property for all intents and purposes, and the owner or owners of any dog or dogs shall be liable for any and all damages that may accrue:
(1) To any person, other than a trespasser, by reason of having been bitten by any such dog or dogs; and,
(2) To any person, firm, or corporation by reason of such dog or dogs killing, wounding, injuring, worrying, or chasing any person or persons or any sheep or other domestic animals belonging to such person, firm, or corporation. Such damage may be recovered in any court having jurisdiction of the amount claimed.
Statutory reference: Neb. RS 54‑601, 54‑602
3-112. Law enforcement officer; powers; immunity.
(1) Any law enforcement officer who has reason to believe that an animal has been abandoned or is being cruelly neglected or cruelly mistreated may seek a warrant authorizing entry upon private property to inspect, care for, or impound the animal.
(2) Any law enforcement officer who has reason to believe that an animal has been abandoned or is being cruelly neglected or cruelly mistreated may issue a citation to the owner as prescribed by law.
(3) Any law enforcement officer acting under this section shall not be liable for damage to property if such damage is not the result of the officer's negligence.
Statutory reference: Neb. RS 28‑1012.
Historical reference: Ord. 951, passed 12‑11‑90.
3-113. Interference with police.
It shall be unlawful for any person to hinder, delay, or interfere with any municipal police officer who is performing any duty enjoined upon him or her by the provisions of this chapter or to break open or in any manner directly or indirectly aid, counsel, or advise the breaking open of the animal shelter, or any vehicle used for the collecting or conveying of animals to the shelter.
Statutory reference: Neb. RS 28‑906.
ARTICLE 2
LICENSE REQUIREMENTS.
Section.
3-201. License requirements.
3-201. License requirements.
Any person owning, keeping, harboring, having custody or control over a dog or cat over four months of age within the City, must obtain a license as herein provided:
(1) A license shall be issued only after payment of a fee herein specified and written application, on a form provided by the Chief of Police, which shall include the name, address, and telephone number of the applicant, a description of the dog or cat, proof of vaccination against rabies within twenty-four months.
(2) Application for a license shall be made within 30 days after a dog or cat attains the age of four months or within 30 days after the first day a dog or cat over the age of four months is owned, kept or harbored within the City.
(3) Unless revoked, a license shall be valid for two years from the date if issue.
(4) Upon proper application and payment of the applicable fee the City shall issue a suitable license tag bearing an identification number which shall be public record.
(5) License tags shall be affixed to the collar or harness and worn by the dog or cat when off the premises of the owner.
(6) No person shall place a license tag on any dog or cat other than the dog or cat for which the tag was issued.
Statutory reference: Neb. RS 16‑206.
ARTICLE 3
ANIMALS AND FOWL
Section.
3-301. Animals and fowl.
3-302. Permits.
3-301. Animals and fowl.
(1) Running at large. It shall be unlawful for the owner, keeper, or harborer of any animal, or any person having the charge, custody, or control thereof, to permit a horse, mule, cow, sheep, goat, swine, or other animal to be driven or run at large on any of the public ways and property, or upon the property of another.
(2) Fowls running at large. It shall be unlawful for any person to allow poultry, chickens, turkeys, geese, or any other fowls to run at large within the corporate limits, except in enclosed places on private property.
3-302. Permits.
(1) Livestock permit. It shall be unlawful for any person to keep or maintain within the corporate limits any horse, mule, sheep, cow, goat, swine, or other livestock without first obtaining a permit from the Council.
(2) Fowl permit. It shall be unlawful for any person to keep on their private property poultry, chickens, turkeys, geese, or other fowls unless and until they have received a permit from the Council.
Statutory reference: Neb. RS 16‑235, 16‑240.
ARTICLE 4
DEAD ANIMALS
Section.
3-401. Dead animals.
3-401. Dead animals.
All dead animals shall be immediately removed and properly disposed of by the owner of such animals. If the owner of such animal cannot be found, then such animal shall be removed by the City and properly disposed of by and at the expense of the City. Dead animals shall not be buried within the corporate limits of the City, nor within two miles thereof, nor in or above the course of groundwater that is used for drinking purposes by the City or its inhabitants.
Statutory reference: Neb. RS 16‑231, 16‑240.
ARTICLE 5
PENALTY
Section.
3-501. Penalty.
3-501. Penalty.
(1) Penalty amounts. Any person who violates any of the prohibitions or provisions of any section of this chapter shall be deemed guilty of a misdemeanor. Unless otherwise specified in this chapter or by statute, the penalty for such violation shall be in any amount not to exceed $1,000, in the discretion of the court; and; provided, whenever any section of this chapter shall declare a nuisance, a violation of that section shall be penalized by a fine of not more than $1,000, in which case a new violation shall be deemed to have been committed every 24 hours of such failure to comply.
(2) Abatement of nuisance.
(a) Whenever a nuisance exists as defined in this chapter, the City may proceed by a suit in equity to enjoin and abate the same, in the manner provided by law.
(b) Whenever in any action it is established that a nuisance exits, the court may, together with the fine or penalty imposed, enter an order of abatement as a part of the judgment in the case.
(3) Restitution. The court may, together with the fine or penalty imposed, enter an order of restitution as part of the judgment in the case.
Statutory reference: Neb. RS 16‑225, 16‑240, 16‑246, 18‑1720
Historical reference: Ord. 909 passed 9-27-88.
CHAPTER 4
Article.
1. General Provisions.
2. Penalty.
ARTICLE 1
GENERAL PROVISIONS
Section.
4-101. Bidding and contracts.
4-102. Bid opening.
4-103. Preference for resident bidder.
4-104. Fair labor standards compliance.
4-105. Waiver of bidding procedure.
4-106. Purchase of personal property without bidding.
4-101. Bidding and contracts.
(1) Except as provided in Neb. RS 18‑412.01 for a contract with a public power district to operate, renew, replace, or add to the electric distribution, transmission, or generation system of the City, no contract for enlargement or general improvements, such as water extensions, sewers, public heating system, bridges, work on streets, or any other work or improvement when the cost of such improvement is assessed to the property, costing over $20,000 shall be made unless it is first approved by the City Council.
(2) Except as provided in Neb. RS 18‑412.01, before the City Council makes any contract in excess of $20,000 for enlargement or general improvements, such as water extensions, sewers, public heating system, bridges, work on streets, or any other work or improvement when the cost of such enlargement or improvement is assessed to the property, an estimate of the cost shall be made by the City Engineer and submitted to the City Council. In advertising for bids as provided in divisions (3) and (5) of this section, the City Council may publish the amount of the estimate.
(3) Advertisements for bids shall be required for any contract costing over $20,000 entered into:
(a) For enlargement or general improvements, such as water extensions, sewers, public heating system, bridges, work on streets, or any other work or improvement when the cost of such enlargement or improvement is assessed to the property; or,
(b) For the purchase of equipment used in the construction of such enlargement or general improvements.
(4) A City electric utility may enter into a contract for the enlargement or improvement of the electric system or for the purchase of equipment used for such enlargement or improvement without advertising for bids if the price is:
(a) $20,000 or less;
(b) $40,000 or less and the City electric utility has gross annual revenue from retail sales in excess of $1,000,000;
(c) $60,000 or less and the City electric utility has gross annual revenue from retail sales in excess of $5,000,000; or,
(d) $80,000 or less and the City electric utility has gross annual revenue from retail sales in excess of $10,000,000.
(5) The advertisement provided for in division (2) and (3) of this section shall be published at least seven days prior to the bid closing in a legal newspaper published in or of general circulation in the City. In case of a public emergency resulting from infectious or contagious diseases, destructive windstorms, floods, snow, war, or an exigency or pressing necessity or unforeseen need calling for immediate action or remedy to prevent a serious loss of, or serious injury or damage to, life, health, or property, estimates of costs and advertising for bids may be waived in the emergency ordinance authorized by Neb. RS 16‑405 when adopted by a three-fourths vote of the City Council and entered of record.
(6) If, after advertising for bids as provided in this section, the City Council receives fewer than two bids on a contract or if the bids received by the City Council contain a price which exceeds the estimated cost, the Mayor and City Council may negotiate a contract in an attempt to complete the proposed enlargement or general improvements at a cost commensurate with the estimate given.
(7) If the materials are of such a nature that, in the opinion of the manufacturer and with the concurrence of the City Council, no cost can be estimated until the materials have been manufactured or assembled to the specific qualifications of the purchasing City, the City Council may authorize the manufacture and assemblage of such materials and may thereafter approve the estimated cost expenditure when it is provided by the manufacturer.
Statutory reference: 16-321.
4-102. Bid opening.
In advertising for bids for road contract work, public improvements work, or for supplies, construction, repairs, and improvements and in all other cases where bids for supplies or work of any character whatsoever are received for the City or any of its departments or agencies, there shall be fixed not only the day upon which such bids shall be returned, received, or opened, but also the hour at which such bids shall close or be received or opened, and it shall be provided that such bids shall be immediately and simultaneously opened in the presence of the bidders or representatives of the bidders when the hour is reached for the bids to close; provided, that where bids are being opened on more than one contract, the officials having charge of the opening of such bids may, if they deem it advisable, award each contract as the bids are opened.
Statutory reference: Neb. RS 73-101.
4-103. Preference for resident bidder.
(1) When a public contract is to be awarded to the lowest responsible bidder, a resident bidder shall be allowed a preference over a nonresident bidder from a state which gives or requires a preference to bidders from that state. The preference shall be equal to the preference given or required by the state of the nonresident bidder. Resident bidder as used herein shall mean any person, partnership, association, or foreign or domestic corporation authorized to engage in business in this state and who shall have met the residence requirements of the state of the nonresident bidders necessary for receiving the benefit of that state's preference law on the date when any bid for a public contract is first advertised or announced, or shall have had bona fide establishment for doing business within this state for the length of time established by the state of the nonresident bidders necessary for receiving the benefit of that state's preference law on the date when any bid for a public contract is first advertised or announced. Any contract entered into without compliance with this section shall be null and void.
(2) The provisions of this section shall not apply to any contract for any project upon which federal funds would be withheld because of these provisions.
Statutory reference: Neb. RS 73‑101.01, 73‑101.02
4-104. Fair labor standards compliance.
(1) In awarding contracts for public works, each contractor bidding shall be required to file with the City Clerk a statement that he or she is complying with, and will continue to comply with, fair labor standards in the pursuit of his or her business and in the execution of the contract on which he or she is bidding. There shall be written into each and every contract for public works, in addition to such other provisions as are necessary and prescribed by law, a provision that in the execution of such contract fair labor standards shall be maintained.
(2) A showing in a public hearing by interested parties, to the satisfaction of the Council, that any contractor bidding upon public works and having filed the statement as required in subdivision (1) herein, has not complied with fair labor standards in the pursuit of his or her business or occupation shall be the basis for disqualification of the low bid, in which case the Council shall let the bid to the next lowest responsible bidder.
(3) Fair Labor Standards as used herein shall be construed to mean such a scale of wages and conditions of employment as are paid and maintained by a least 50% of the contractors in the same business or field of endeavor as the contractor filing such statement.
Statutory reference: Neb. RS 73‑102, 73-103, 73‑104.
4-105. Waiver of bidding procedure.
Any City bidding procedure may be waived by the City Council when materials or equipment are purchased at the same price and from the same seller as materials or equipment which have formerly been obtained pursuant to the state bidding procedure in Neb. RS 81‑145 through 81‑162 or when the contract is negotiated directly with a sheltered workshop pursuant to Neb. RS 48‑1503.
Statutory reference: 16-321.01.
4-106. Purchase of personal property without bidding.
(1) Notwithstanding any other provisions of law or a home rule charter, a City which has established, by an interlocal agreement with any county, a joint purchasing division or agency may purchase personal property without competitive bidding if the price for the property has been established by the federal General Services Administration or the materiel division of the Department of Administrative Services.
(2) For purposes of this section:
(a) Personal property includes but is not limited to supplies, materials, and equipment used by or furnished to any officer, office, department, institution, board, or other agency; and
(b) Purchasing or purchase means the obtaining of personal property by sale, lease, or other contractual means.
Statutory reference: Neb. RS 18‑1756.
ARTICLE 2
PENALTY
Section.
4-201. Penalty.
4-201. Penalty.
Any officer or person who may be in charge of any such bids prior to the time fixed for the simultaneous opening, who shall open prior to such time, or otherwise disclose to any bidder the contents, amount or other details of any rival bid, shall be guilty of a Class IV misdemeanor. Any person violating any of the provisions of sections 73-101 to 73-104 shall be guilty of a Class IV misdemeanor.
Statutory reference: Neb. RS 73‑105.
CHAPTER 5
Article.
1. General Provisions.
2. Licenses and Permits.
3. Rules and Regulations.
4. Penalty.
ARTICLE 1
GENERAL PROVISIONS
Section.
5-101. Adoption of state law.
5-101. Adoption of state law.
All applicable state statutes as they now exist or may hereafter be amended shall be, and will constitute, a part of this subchapter as if repeated verbatim herein, and violation of any state statute will be a distinct and separate offense against the City as well as against the state.
Statutory reference: Neb. RS 9‑201 et seq.
ARTICLE 2
LICENSES AND PERMITS
Section.
5-201. Licenses and permits.
5-201. Licenses and permits.
(1) Any association duly licensed by the state to conduct the game of bingo shall obtain a written permit from the Council before commencing operation of said game.
(2) Application shall be made to the City Clerk for such permit. Said application form shall contain such information and documents or copies thereof as the Council deems necessary to determine whether to grant or reject the application.
(3) Upon the determination that granting the application would be proper, the Council shall immediately direct the City Clerk to issue a license to the applicant upon the payment of a bi-annual permit fee as established by the City Council by Resolution and payable concurrent with the permit fee payable to the State of Nebraska. Said license shall be subject to revocation at any time for good cause.
(4) Any person or persons so licensed shall be subject to any other fees, rules, and regulations which the Council may designate. Any permit so issued will automatically expire concurrent with the license issued by the State of Nebraska.
(5) The permit shall be on display at any place where a game of bingo is conducted.
Statutory reference: Neb. RS 9‑236
ARTICLE 3
RULES AND REGULATIONS
Section.
5-301. Compliance with state and local law.
5-301. Compliance with state and local law.
Games of bingo shall be conducted within the City in accordance with the municipal code and state statutes if the game of bingo is played for or involves profit or gain.
ARTICLE 4
PENALTY
Section.
5-401. Penalty.
5-401. Penalty.
(1) Penalty amounts. Any person who violates any of the prohibitions or provisions of any section of this chapter shall be deemed guilty of a misdemeanor. Unless otherwise specified in this chapter or by statute, the penalty for such violation shall be in any amount not to exceed $1,000, in the discretion of the court; and; provided, whenever any section of this chapter shall declare a nuisance, a violation of that section shall be penalized by a fine of not more than $1,000, in which case a new violation shall be deemed to have been committed every 24 hours of such failure to comply.
Statutory reference: Neb. RS 16‑225, 16‑240, 16‑246, 18‑1720.
CHAPTER 6
Article.
1. General Provisions.
2. Board of Adjustment.
3. Board of Health.
4. Civil Service Commission.
5. Community Redevelopment Authority.
6. Firefighter’s Retirement Committee.
7. Housing Authority.
8. Library Board.
9. Planning Commission.
10. Police Officer’s Retirement Committee.
11. Tree Board.
ARTICLE 1
GENERAL PROVISIONS
Section.
6-101. Attendance requirements.
6-102. Advisory boards.
6-101. Attendance requirements.
Members who are appointed to boards, committees, and commissions by the City Council or City Manager are expected to attend as many meetings of their board, committee, or commission as possible. Members who are absent from three consecutive meetings shall be deemed to be automatically removed from their respective board, committee, or commission and a vacancy shall exist which requires appointment of a new member. Upon the occurrence of the third consecutive unexcused absence, the board, committee, or commission shall certify to the appointing authority (Council or City Manager) that three consecutive unexcused absences have occurred and that a vacancy exists requiring the appointment of a new member. The appointing authority shall then appoint a new member to fill the unexpired term of the previous member.
6-102. Advisory boards.
(1) The City Council, by resolution, may form or dissolve Advisory Boards at any time. The resolution forming the Advisory Board shall establish the length of time for the Advisory Board to exist, the number of members and their term of office. Member of the advisory board shall be appointed by the City Council. No member of the City Council shall serve as a member of an Advisory Board while serving a term of office as a member of the City Council.
(2) At the time of the Board's first meeting in January of each year, the Board shall organize by selecting from their number a Chairperson and Secretary. Advisory Boards shall meet as often as necessary to conduct their business and perform their duties and obligations. Each Advisory Board shall elect a Chairman and Secretary, and keep minutes of its proceedings. Members shall not be paid. A majority of the Board shall constitute a quorum for the transaction of any business.
(3) The duties and obligations of an Advisory Board shall include, but not be limited to, hearing the requests of the public and City staff, to review, examine, investigate, analyze and other methods necessary to develop recommendations and propose solutions to the City Council based upon its findings of a particular project or Department of the City. An Advisory Board may request, through the office of the City Manager, the assistance of any City staff or other personnel in the performance of the Board’s duties and obligations, subject to the condition that the request for assistance shall not increase personnel cost to the City.
(4) The Advisory Boards shall have no authority to act in any administrative or legislative capacity, enter into contracts, supervise or direct City employees or obligate the City in any financial matters or for any services. The Advisory Board shall only act in an advisory capacity to the Council to affect a more efficient operation of City Government.
ARTICLE 2
BOARD OF ADJUSTMENT
Section.
6-201. Appointment of members.
6-202. Organization.
6-203. Meetings.
6-204. Duties.
6-201. Appointment of members.
(1) The Council shall appoint the Board of Adjustment which shall consist of five regular members plus one additional member designated as an alternate who shall attend and serve only when one of the regular members is unable to attend for any reason.
(2) Each member of the Board shall serve a term of three years, unless reappointed, and shall be removable only for good and sufficient cause by the Council upon written charges and after a public hearing. The members of the Board shall serve without compensation and may be required, in the discretion of the Council, to give a bond in a sum set by resolution of the Council, and conditioned upon the faithful performance of their duties. One member of the Board shall be at the same time a member of the Planning Commission at all times. Upon the loss of membership on the Planning Commission, said member shall also lose his or her membership on the Board.
(3) No Member of the Council shall serve as a member of the Board. No member of the Board shall serve in the capacity of both Chairperson and Secretary of the Board.
Statutory reference: Neb. RS 19‑907, 19‑908.
6-202. Organization.
The Board shall organize at its first meeting in January of each year and elect from its membership a Chairperson and Secretary. It shall be the duty of the Secretary to keep complete and accurate minutes of all Board meetings and to file the same at the office of the City Clerk for examination at any reasonable time by the public. The Board shall be funded from time to time out of the General Fund by the Council.
Statutory reference: Neb. RS 19‑908.
6-203. Meetings.
Meetings of the Board shall be held at such times as the Council may designate, or at such other times as the Chairperson may, in his or her discretion, call a meeting. Special meetings may be also held upon the call of any three members of the Board. A majority of the Board shall constitute a quorum for the purpose of doing business.
Statutory reference: Neb. RS 19‑908.
6-204. Duties.
(1) It shall be the duty of the Board to hear and decide appeals where it is alleged that there is error in any order, requirement, decision, or determination made by a City official based on any zoning ordinance of the City; to hear and decide, in accordance with the provisions of any zoning ordinance, requests for interpretation of any map; and to authorize a variance from the strict application of any zoning ordinance if it is found that a specific piece of property, due to exceptional specifications existing at the time of passage of the said ordinance, would result in exceptional difficulties and undue hardship; provided, that no variance shall be granted if the undue hardship appears to affect the property in the district generally, or if the situation of the property concerned appears to be so general or recurring in nature as to make reasonably practicable the formulation of a general regulation to be adopted by the Council as an ordinance.
(2) The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision, or determination made by a City official on any matter which was governed by any City zoning ordinance. The Board shall be responsible for making such reports and performing such other duties as the Council may designate.
Statutory reference: Neb. RS 19‑907 – 19‑912
ARTICLE 3
BOARD OF HEALTH
Section.
6-301. Appointment of members.
6-302. Organization.
6-303. Meetings.
6-304. Duties.
6-301. Appointment of members.
The Council shall appoint a Board of Health which shall consist of five members. The members of the Board shall include the President of the Council, who shall serve as Chairperson; the Police Chief, who shall serve as Secretary and Quarantine Officer; a physician, who shall serve as the medical advisor; and two other members.
Statutory reference: Neb. RS 16‑238.
6-302. Organization.
The members of the Board shall serve, without compensation, a one‑year term of office, unless reappointed, and shall reorganize at the first meeting in January of each year. It shall be the duty of the Secretary to keep the full and correct minutes and records of all meetings and to file the same with the City Clerk, where they shall be available for public inspection at any reasonable time.
Statutory reference: Neb. RS 16‑238.
6-303. Meetings.
The Board shall be funded by the Council from time to time out of the General Fund. A majority of the Board shall constitute a quorum for the purpose of doing business. The Board shall meet at such times as the Council may designate. Special meetings may be held upon the call of the Chairperson or any two members of the Board.
Statutory reference: Neb. RS 16‑238.
6-304. Duties.
(1) It shall be the duty of the Board to enact rules and regulations, which shall have the full force and effect of law, to safeguard the health of the residents of the City. Included in the duties of the Board shall be to enforce said rules and regulations and to provide fines and punishments for any violations thereof. It may regulate, suppress, and prevent the occurrence of nuisances and shall actively enforce all laws of the state and ordinances of the City relating to matters of sanitation which affect the health and safety of the people. The Board shall regularly inspect such premises and businesses as the Council may direct.
(2) All members of the Board shall be responsible for making such reports and performing such other duties as the Council may, from time to time, designate. No member of the Board shall hold more than one Board position.
Statutory reference: Neb. RS 16‑238.
ARTICLE 4
CIVIL SERVICE COMMISSION
Section.
6-401. Appointment of members.
6-402. Organization.
6-403. Meetings.
6-404. Duties.
6-405. Secretary and chief examiner.
6-401. Appointment of members.
(1) There is hereby created a Civil Service Commission which shall be composed of three persons. The members of such Commission shall be appointed by the City Manager. At the time of any appointment, not more than two Commissioners, including the one or ones to be appointed, shall be adherents of the same political party. The members of the Civil Service Commission shall serve without compensation. No person shall be appointed a member of such Commission who is not a citizen of the United States, a resident of such City for at least three years immediately preceding such appointment, and an elector of the county wherein such person resides. The term of office of such Commissioners shall be for six years.
(2) Any member of the Civil Service Commission may be removed from office for incompetency, incompatibility, dereliction of duty, malfeasance in office, or other good cause by the appointing power; provided, that no member of the Commission shall be removed until written charges have been preferred, due notice given such member, and a full hearing had before the appointing power; and provided further, that the Commissioner so removed shall have the right to appeal to the district court.
Statutory reference: Neb. RS 19‑1827.
6-402. Organization.
Upon the appointment of a new Commissioner, the Commission shall organize by electing one of its members Chairperson.
Statutory reference: Neb. RS 19‑1830.
6-403. Meetings.
The commission shall hold meetings as may be required for the proper discharge of its duties. It shall appoint some person as Secretary and Chief Examiner who shall keep the records of the Commission, preserve all reports made to it, superintend and keep a record of all examinations held under its direction, and perform such other duties as the Commission may prescribe.
Statutory reference: Neb. RS 19‑1830.
6-404. Duties.
Said members shall carry out the provisions of the Civil Service Act of the state, Neb. RS 19‑1801 et seq. Two members of such Commission shall constitute a quorum. The concurring votes of two members of such Commission shall be sufficient for the decision of all matters and the transaction of all business to be decided or transacted by the Commission.
Statutory reference: Neb. RS 19‑1801 et seq.
6-405. Secretary and Chief Examiner.
The commission may merge the positions of secretary and chief examiner and appoint one person to perform the duties of both positions. If the municipality has a personnel officer, the commission shall appoint such personnel officer as secretary and chief examiner, if requested to do so by the appointing authority. The secretary and chief examiner shall be subject to suspension or discharge upon the vote of a majority of the appointed members of the commission.
Statutory reference: Neb. RS 19‑1830.
ARTICLE 5
COMMUNITY REDEVELOPMENT AUTHORITY
Section.
6-501. Creation.
6-502. Definitions.
6-503. Appointment of members.
6-504. Director.
6-505. Funds.
6-501. Creation.
There is hereby created the Community Redevelopment Authority of the City which shall operate subject to the laws of the state as set forth in the Community Development Law.
Statutory reference: Neb. RS 18‑2101 et seq.
6-502. Definitions.
Except as otherwise specifically provided, the definitions and terms set out in the Nebraska Statutes relating to community redevelopment authorities under the Community Redevelopment Authority Law are hereby adopted by reference as they now exist or may hereafter be amended.
Statutory reference: Neb. RS 18‑2103.
6-503. Appointment of members.
Five persons, all of whom shall reside or own a business within the two‑mile zoning jurisdiction of the City, shall constitute the Authority. The five members shall be appointed by the City Manager with approval of the City Council. The City Manager shall designate the term of office for each member. The Authority shall select one of its members as Chairperson and one as Vice Chairperson. A total of four members of the Authority shall constitute a quorum for the transaction of business. The Authority shall adopt rules for the transaction of its business and shall keep a record of its resolutions, transactions, findings, and determinations, which records shall be made available for public inspection during regular business hours.
Statutory reference: Neb. RS 18‑2102.01.
6-504. Director.
The Authority shall select a person to serve as the Director and ex officio Secretary of the Community Redevelopment Authority, and that person shall perform such duties as may be assigned by the Authority, including the necessary administrative functions described in Neb. RS 18‑2102‑01 et seq.
Statutory reference: Neb. RS 18‑2102.01.
6-505. Funds.
All income, revenue, profits, and other funds received by the Authority shall be deposited with the City Treasurer as ex officio Treasurer of such Authority without commingling such money with any other money under his or her control and disbursed by check or draft only upon warrants, orders, or requisitions by the Chairperson of the Authority or other person authorized by the Authority, which shall state distinctly the purpose for which the same are drawn; and a permanent record shall be kept by the Authority of any such activity.
Statutory reference: Neb. RS 18‑2102.01.
ARTICLE 6
FIREFIGHTER’S RETIREMENT COMMITTEE
Section.
6-601. Appointment of members.
6-602. Duties.
6-601. Appointment of members.
A Firefighter’s Retirement Committee shall be established to supervise the general operation of the firefighter’s retirement system established pursuant to Neb. RS 16-1034 et seq. The committee shall consist of six members, of which four members shall be selected by the active paid firefighters, excluding firefighters identified in Neb. RS 16‑1039. Two members shall be designated by the Council. The members who are not participants in such retirement system shall have a general knowledge of retirement plans. Members of the Council of the City, active members of the Fire Department, and the general public may serve on the Committee. The Committee members shall be appointed to four‑year terms. Vacancies shall be filled for the remainder of the term by a person with the same representation as his or her predecessor. Members of the Committee shall receive no salary and shall not be compensated for expenses.
Statutory reference: Neb. RS 16‑1035, 16-1037.
6-602. Duties.
The general administration functions of the retirement system shall be the sole responsibility of the Committee. It shall be the duty of the Committee to:
(1) Provide each employee a summary of plan eligibility requirements and benefit provisions.
(2) Provide, within 30 days after a request is made by a participant, a statement describing the amount of benefits such participant is eligible to receive.
(3) Make available for review an annual report of the system's operations describing both the amount of contributions to the system from both employee and employer sources and an identification of the total assets of the retirement system.
(4) Have an analysis made of the investment return that has been achieved on the assets of the retirement system administered by the Committee. Such analysis shall be prepared as of January 1, 1989, and each five years thereafter. The analysis shall be prepared by an independent private organization which has demonstrated expertise to perform this type of analysis and which is unrelated to any organization offering investment advice or which provides investment management services to the retirement system.
Statutory reference: Neb. RS 16-1037, 16‑1034 et seq.
ARTICLE 7
HOUSING AUTHORITY
Section.
6-701. Ownership.
6-702. Definitions.
6-703. Appointment of members.
6-704. Organization.
6-705. Meetings.
6-706. Duties.
6-701. Ownership.
The Housing Authority is owned by the City and operated through the Housing Authority Board. The Authority shall constitute a body corporate and politic and shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of the Nebraska Housing Authority Law.
Statutory reference: Neb. RS 71‑1572 et seq.
6-702. Definitions.
Except as otherwise specifically provided, the definitions and terms set out in the Nebraska Statutes relating to housing authorities under the Nebraska Housing Authority Law are hereby adopted by reference as they now exist or may hereafter be amended.
Statutory reference: Neb. RS 71‑1575.
6-703. Appointment of members.
(1) The Council shall appoint five persons who shall constitute the Housing Authority and such persons shall be called the Commissioners. One Commissioner shall be appointed each year. Each Commissioner shall serve a five‑year term of office commencing on January 1 and ending on December 31 five years later or until his successor is duly appointed, provided that all vacancies shall be filled for the unexpired terms. The Council may appoint one of its members to serve as one of the five members of the Authority for such term as the Council may determine.
(2) No person shall serve as a Commissioner unless he or she resides within the area of operation of that Authority. A certificate of the appointment or reappointment of any Commissioner shall be filed with the City Clerk, and such certificate shall be conclusive evidence of the proper appointment of such Commissioner. A Commissioner shall receive no compensation for his or her services, but he or she shall be entitled to the necessary expenses, including travel expenses, incurred in the discharge of his or her duties.
(3) During his or her tenure, and for one year thereafter, no Commissioner, officer, or employee of the Authority shall voluntarily acquire any interest, direct or indirect, in any project or in any property included or planned to be included in any project, or in any contract or proposed contract relating to any housing project. If any such Commissioner, officer, or employee voluntarily or involuntarily acquires any such interest, or voluntarily or involuntarily acquires any such interest prior to appointment or employment as Commissioner, officer, or employee, he or she shall immediately disclose his or her interest in writing to the Authority, and such disclosure shall be entered upon the minutes of the Authority and he or she shall not participate in any action by the Authority relating to the property or contract in which he or she has any such interest, provided that nothing herein shall apply to the acquisition of any interest in notes or bonds of the Authority issued in connection with any housing project, or to the execution of agreements by banking institutions for deposit or handling of funds in connection with a project or to act as trustee under any trust indenture, or to utility services, the rates for which are fixed or controlled by a governmental agency.
(4) The Council may remove a Commissioner for neglect of duty or misconduct in office in the manner prescribed hereinafter. The City Clerk shall send a notice of removal to such Commissioner which notice shall contain a statement containing the charges against him or her. Unless within ten days from the receipt of such notice such Commissioner files with the Clerk a request for a hearing before the Council, the Commissioner shall be deemed as removed from office.
(5) If a request for a hearing is filed with the Clerk, the Council shall hold a hearing at which the Commissioner shall have the right to appear in person or by counsel, and the Council shall determine whether the removal shall be disapproved or upheld. If the removal is disapproved, the Commissioner shall continue to hold his or her position. The Housing Authority shall keep an accurate account of all its activities and of all its receipts and disbursements and shall make a report to the Council on all such information.
Statutory reference: Neb. RS 71‑1594, 71-1595,71-1596, 71-1598, 71-1599, 71-15,100, 71-15,101, 71-15,105.
6-704. Organization.
The Commissioners shall elect a Chairperson and Vice‑Chairperson from among the Commissioners and shall have the power to employ an Executive Director who shall serve as ex officio Secretary of the Authority. The Authority may also employ legal counsel or it may call upon the City Attorney for such services as it may require. It may employ technical experts and such other officers, agents, and employees as it may require and shall determine their qualifications, duties, compensations, and terms of office. The Authority may delegate such other powers and duties to its agents or employees as it may deem proper.
Statutory reference: Neb. RS 71‑15,106.
6-705. Meetings.
A majority of Commissioners shall constitute a quorum of the Authority for the purpose of conducting its business, exercising its powers, and for all other purposes. Action may be taken by the Authority upon the vote of the majority of the Commissioners present unless in any case the bylaws of the Authority shall require a larger number.
Statutory reference: Neb. RS 71‑1595.
6-706. Duties.
(1) Operation and management. The Authority shall at all times observe the following duties with respect to rentals and tenant selection:
(a) It may rent or lease dwelling accommodations therein only to persons of low income, elderly, or handicapped persons of low income, and displaced persons in need.
(b) There shall be no discrimination in the eligibility or occupancy of tenants on the basis of race, sex, marital status, religion, color, creed, national origin, or ancestry.
(c) It shall not accept any person as a tenant in any dwelling in the housing project if the persons who occupy the dwelling have an aggregate annual income which equals or exceeds the amount which the Authority has conclusively determined to be sufficient to enable one to secure safe, sanitary, and uncongested dwelling accommodations within the area served by the Authority and to provide an adequate standard of living.
(d) It may rent or lease to a tenant a dwelling consisting of a number of rooms which is deemed necessary to provide safe and sanitary accommodations to the occupants without overcrowding.
(e) It shall fix income limits for occupancy and rents after taking into consideration:
(i) The family size, composition, age, physical handicaps, and other factors which might affect the rent‑paying ability of the person.
(ii) The economic factors which affect the financial stability and solvency of the project.
(f) It may accept as a tenant any displaced person or persons in need, regardless of income, but in no event shall such person or persons remain as a tenant or tenants of the Authority for more than a period of six months unless such persons also qualify as persons of low income, elderly, or handicapped persons of low income.
(g) All persons of low income, elderly, or handicapped persons of low income, or displaced persons in need, shall be entitled to the benefits of this section, and the Authority may establish rules and regulations consistent with the purposes of this section concerning eligibility and occupancy of the housing project or other such shelter.
(h) Nothing herein shall prohibit the right of the Authority to inquire into the financial condition, family composition, and medical, personal, and employment history of any tenant or prospective tenant.
(i) It shall prohibit subletting by tenants.
(2) Termination of tenancy. The Authority may establish from time to time rules and regulations consistent with federal and state laws and regulations and the purposes of this section concerning the termination of tenancy. Any tenant so terminated shall be sent a written notice of termination setting out the reasons for such termination and any tenant served with a notice shall be given the opportunity to contest the termination in an appropriate hearing, except that tenants who have created or maintained a threat constituting a serious and clear danger to the health or safety of other tenants or Authority employees need not be given such a hearing by the Authority. Such notice may provide that if the tenant fails to pay his or her rent or comply with any covenant or condition of his or her lease or the rules and regulations of such Authority, or cure a violation or default thereof, as the case may be, as specified in such notice, or follow the procedure for a hearing as set forth in the notice, all within the time or times set forth in such notice, the tenancy shall then be automatically terminated and no other notice or notices need be given of such termination or the intent to terminate the tenancy, and upon such termination, and without any notice other than as provided for in this section, the Authority may file suit against any tenant for recovery of possession of the premises and may recover the same as provided by law.
(3) Personal property of tenants. The Authority may establish from time to time rules and regulations consistent with the purposes of this section concerning personal property of tenants and other persons located in projects of the Authority, and if such personal property is not removed from a dwelling unit at the time of the termination of the lease, at the time of vacation or abandonment of the dwelling unit, or at the time of the death of any tenant, then the Authority may remove the same and store such property at the tenant's risk and expense. In the event that possession of such personal property is not taken by the tenant or other person authorized by law to take possession within 45 days after such termination, vacation, or abandonment, and any storage removal charges remain unpaid, then the Authority may, at its option, dispose of the personal property in any manner which the Authority deems fit, except that any proceeds from the disposal of such personal property shall be paid to the General Fund of the body which created the Authority. No tenant or other person shall have any cause of action against the Authority for such removal or disposition of such personal property.
(4) Eligibility for occupancy. The Authority may establish from time to time rules and regulations consistent with the purposes of this section concerning the priority of eligible applicants for occupancy. The Authority may give preferential treatment to applicants who are servicepersons or veterans, relatives of servicepersons or veterans, disabled servicepersons or veterans, the elderly or disabled, and those in urgent need of adequate housing or who have no adequate source of income provided that in any such system of priority, displaced persons in need shall have a priority ahead of all other persons, and provided, further, that no tenant in good standing then in occupancy and qualified for continued occupancy shall have his or her tenancy terminated in order to provide dwelling units for classes or categories of applications as the Authority may establish.
(5) Reports. The Authority shall keep an accurate account of all its activities and of all its receipts and disbursements and shall make an annual report at the second regular meeting in January of each year to the Council. Such report shall include all mortgages and other interests in real property held by the Authority, including options to purchase and land sale contracts; a listing of all bond issues and their essential terms and obligations; and all other financial obligations of the Authority over $50,000. Such reports shall be considered public records. If there has been no change from the last report in the status of any of the items reported pursuant to this section, the Authority may file a statement to that effect in lieu of the report.
Statutory reference: Neb. RS 71‑1572 et seq.
ARTICLE 8
LIBRARY BOARD
Section.
6-801. Establishment of public library.
6-802. Definitions.
6-803. Legislative findings.
6-804. Library Board; members; elected; terms; vacancies, how filled.
6-805. Organization; officers; quorum.
6-806. Bylaws, rules, and regulations.
6-807. Mortgages; release or renewal.
6-808. Funds; buildings; custody and control.
6-809. Use of library for City or school purposes; contracts.
6-810. Funds; disbursement; sinking fund; bonds.
6-811. Building sites; acquisition; procedure.
6-812. General powers and duties: discrimination prohibited.
6-813. Use and purpose.
6-814. Annual report; contents.
6-815. Penalties; action to recover; disposition of funds collected.
6-816. Donations; Library Board may accept.
6-817. Real estate; sale and conveyance; conditions; remonstrance; procedure.
6-818. Property; exemption from execution and taxation.
6-819. Private and associate libraries; deposit and use; authorized; requirements.
6-801. Establishment of public library.
The City Council shall have the power to establish a public library free of charge for the use of the inhabitants of the City.
Statutory reference: Neb. RS 51-201.
6-802. Definitions.
For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
(1) Basic services shall include, but not be limited to, free loan of circulating print and nonprint materials from the local collection and general reference and information services; and
(2) Nonbasic services shall include, but not be limited to, use of:
(a) Photocopying equipment;
(b) Telephones, facsimile equipment, and other telecommunications equipment;
(c) Media equipment;
(d) Personal computers; and
(e) Videocassette recording and playing equipment.
Statutory reference: Neb. RS 51-201.01.
6-803. Legislative findings.
The Legislature finds and declares that public libraries perform services which are vitally important for the maintenance of an educated and democratic society, including, but not limited to, providing information which stimulates thought, awareness, and involvement in issues of public interest and providing avenues for intellectual and cultural growth and enjoyment. The Legislature further finds that an educated and culturally aware society is increasingly important in an economy in which Nebraskans must compete on a global scale. It is the intent of the Legislature that Nebraskans will help lead the nation into the world of the twenty-first century.
Statutory reference: Neb. RS 51-201.02.
6-804. Library Board; members; elected; terms; vacancies, how filled.
The City Council shall establish and maintain a public library and reading room under Neb. RS. 51-201 to 51-219, and shall establish a Library Board. The Library Board shall have five members. Neither the Council President/mayor nor any member of the City Council shall be a member of the Library Board. In cases of vacancies by resignation, removal, or otherwise, the City Council shall fill such vacancy for the unexpired term. No member shall receive any pay or compensation for any services rendered as a member of the board.
Library Board members shall be appointed by a majority vote of the members of the City Council. The term of the members shall be four years. If an interlocal agreement, a memorandum of understanding, or any other contractual agreement between the City and another political subdivision providing for library services allows representation from the other political subdivision on the Library Board from outside the City, the governing board of the other political subdivision may appoint one or more members to the Library Board as provided in the interlocal agreement, memorandum of understanding, or other contractual agreement.
Statutory reference: Neb. RS 51-202.
6-805. Organization; officers; quorum.
The members of the Library Board shall immediately after their appointment meet and organize by electing from their number a president, secretary, and such other officers as may be necessary. A majority of the members of the Library Board shall constitute a quorum for the transaction of business.
Statutory reference: Neb. RS 51-204.
6-806. Bylaws, rules, and regulations.
The Library Board shall have the power to make and adopt such bylaws, rules, and regulations for its own guidance and for the government of the Library and reading room as it may deem expedient, not inconsistent with Neb. RS 51-201 to 51-219.
Statutory reference: Neb. RS 51-205
6-807. Mortgages; release or renewal.
The president shall have the power to release, upon full payment, any mortgage constituting a credit to the Library fund and standing in the name of the Library Board. The signature of the president on any such release shall be authenticated by the secretary of the board. The president and secretary in like manner, upon resolution duly passed and adopted by the board, may renew any such mortgage.
Statutory reference: Neb. RS 51-206.
6-808. Funds; buildings; custody and control.
The Library Board shall have exclusive control of expenditures, of all money collected or donated to the credit of the Library fund, of the renting and construction of any Library building, and the supervision, care and custody of the grounds, rooms or buildings constructed, leased or set apart for that purpose.
Statutory reference: Neb. RS 51-207.
6-809. Use of library for City or school purposes; contracts.
The Library Board of the City Library may contract with the City Council of any City, with the trustees of any incorporated village, with the county board of the county in which the City Library is located or of any adjacent county, or with the directors of any school district, to furnish the use and privilege of its library to the inhabitants of such city, village, county, township or school district, to the extent and upon such terms as may be agreed upon.
Statutory reference: Neb. RS 51-208.
6-810. Funds; disbursement; sinking fund; bonds.
All taxes levied or collected and all funds donated or in any way acquired for the erection, maintenance, or support of the City Library shall be kept for the use of the Library separate and apart from all other funds of the City, shall be drawn upon and paid out by the Treasurer of the City, upon vouchers signed by the president of the Library Board and authenticated by the secretary of the Board, and shall not be used or disbursed for any other purpose or in any other manner.
The City, may establish a City Library sinking fund for major capital expenditures.
Statutory reference: Neb. RS 51-209.
6-811. Building sites; acquisition; procedure.
The Library Board created under Neb RS. 51-201 to 51-219 shall have power to purchase or lease grounds, to exercise the power of eminent domain, and to condemn real estate for the purpose of securing a site for a Library building. The procedure to condemn property shall be exercised in the manner set forth in Neb. RS 76-704 to 76-724.
Statutory reference: Neb. RS 51-210.
6-812. General powers and duties: discrimination prohibited.
(1) The Library Board shall have the power to erect, lease, or occupy an appropriate building for the use of the Library and to appoint a suitable librarian and assistants, to fix their compensation, and to remove such appointees at pleasure. It shall have the power to establish rules and regulations for the government of the Library as may be deemed necessary for its preservation and to maintain its usefulness and efficiency. It shall have the power to fix and impose, by general rules, penalties and forfeitures for trespasses upon or injury to the Library grounds, rooms, books, or other property, for failure to return any book, or for violation of any bylaw, rule, or regulation and to fix and impose reasonable fees, not to exceed the Library's actual cost, for nonbasic services. The board shall have and exercise such power as may be necessary to carry out the spirit and intent of Neb. RS 51-201 to 51-219 in establishing and maintaining a the City Library and reading room.
(2) The City Library shall make its basic services available without charge to all residents of the political subdivision which supplies its tax support.
(3) No service shall be denied to any person because of race, sex, religion, age, color, national origin, ancestry, physical handicap, or marital status.
Statutory reference: Neb. RS 51-211
6-813. Use and purpose.
Except as provided in section 51-211, the City Library and reading room supported by public tax shall be forever free to the use of the inhabitants of the City maintaining the Library, subject always to such reasonable regulations as the Library Board may adopt to render the Library of the greatest use to the inhabitants of the City. The board may exclude from the use of the Library and reading rooms any person who willfully violates or refuses to comply with rules and regulations established for the government thereof.
Statutory reference: Neb. RS 51-212.
6-814. Annual report; contents.
The Library Board shall, on or before the second Monday in February in each year, make a report to the City Council of the condition of its trust on the last day of the prior fiscal year. The report shall show all money received and credited or expended; the number of materials held, including books, video and audio materials, software programs, and materials in other formats; the number of periodical subscriptions on record, including newspapers; the number of materials added and the number withdrawn from the collection during the year; the number of materials circulated during the year; and other statistics, information, and suggestions as the Library Board may deem of general interest or as the City Council may require. The report shall be verified by affidavit of the proper officers of the Library Board.
Statutory reference: Neb. RS 51-213.
6-815. Penalties; action to recover; disposition of funds collected.
Penalties imposed or accruing by any bylaw or regulation of the Library Board and any court costs and attorney's fees may be recovered in a civil action before any court having jurisdiction, such action to be instituted in the name of the Library Board of the City. Money, other than any court costs and attorney's fees, collected in such actions shall be forthwith placed in the treasury of the City, to the credit of the City Library fund. Attorney's fees collected pursuant to this section shall be placed in the treasury of the City and credited to the budget of the City.
Statutory reference: Neb. RS 51-214.
6-816. Donations; Library Board may accept.
Any person may make donation of money, lands or other property for the benefit of the City Library. The title to property so donated may be made to and shall vest in the Library Board of the Library and their successors in office, and the board shall thereby become the owners thereof in trust to the uses of the City Library of the City.
Statutory reference: Neb. RS 51-215.
6-817. Real estate; sale and conveyance; conditions; remonstrance; procedure.
The Library Board may, by resolution, direct the sale and conveyance of any real estate owned by the Library Board or by the City Library, which is not used for library purposes, or of any real estate so donated or devised to the Library Board or to the City Library upon such terms as the Library Board may deem best. Before any such sale is made the Library Board shall advertise such sale once each week for three consecutive weeks in a legal newspaper published or, if none is published, of general circulation in the City in which the City Library is situated, and such notice shall set out the time, place, terms, manner of sale, legal description of such real estate, and the right to reject any and all bids. If such bid or bids have not been rejected, then the real estate shall be sold to the highest bidder for cash, and the chairperson of the Library Board, upon resolution of the Library Board directing him or her so to do, shall convey such real estate to the purchaser of such real estate upon his or her payment of his or her bid. If within thirty days after the third publication of such notice a remonstrance against such sale is signed by thirty percent of the registered voters of the City, voting at the last regular City election and is filed with the governing body of the City such property shall not then, nor within one year thereafter, be sold. If the date for filing the remonstrance falls upon a Saturday, Sunday, or legal holiday, the signatures shall be collected within the thirty-day period, but the filing shall be considered timely if filed or postmarked on or before the next business day.
Statutory reference: Neb. RS 51-216
6-818. Property; exemption from execution and taxation.
The property of the City Library shall be exempt from execution and shall be exempt from taxation to the extent it is used for a public purpose.
Statutory reference: Neb. RS 51-218.
6-819. Private and associate libraries; deposit and use; authorized; requirements.
The Library Board shall have power to authorize any circulating library, reading matter, or work of art belonging to any private person, association or corporation, to be deposited in the City Library rooms, to be drawn or used outside of the rooms only on payment of such fee or membership as the person, corporation or association owning the same may require. Deposits may be removed by the owner thereof at pleasure, but the books or other reading matter so deposited in the rooms of the City Library shall be separately and distinctly marked and kept upon shelves apart from the books of the City Library. Every such private or associate library or other property so deposited in the City Library, while so placed or remaining, shall, without charge, be subject to use and reading within the City Library room by any person who is an inhabitant of the City and entitled to the use of the free Library.
Statutory reference: Neb. RS 51-219.
ARTICLE 9
PLANNING COMMISSION
Section.
6-901. Appointment of members.
6-902. Organization.
6-903. Meetings.
6-904. Duties.
6-901. Appointment of members.
(1) The Planning Commission shall consist of nine regular members who shall represent, insofar as is possible, the different professions or occupations in the City and shall be appointed by the Mayor, by and with the approval of a majority vote of the members elected to the City Council. Two of the regular members may be residents of the area over which the City is authorized to exercise extraterritorial zoning and subdivision regulation. When there is a sufficient number of residents in the area over which the City exercises extraterritorial zoning and subdivision regulation, one regular member of the Commission shall be a resident from such area. If it is determined by the City Council that a sufficient number of residents reside in the area subject to extraterritorial zoning and subdivision regulation, and no such resident is a regular member of the Commission, the first available vacancy on the Commission shall be filled by the appointment of such an individual. For purposes of this section, a sufficient number of residents shall mean 1,000 residents.
(2) The term of each regular member shall be three years, except that three regular members of the first Commission shall serve for terms of one year, three for terms of two years, and three for terms of three years. All regular members shall hold office until their successors are appointed. Any member may, after a public hearing before the City Council, be removed by the Mayor, with the consent of a majority vote of the members elected to the City Council, for inefficiency, neglect of duty, or malfeasance in office, or other good and sufficient cause. Vacancies occurring otherwise than through the expiration of term shall be filled for the unexpired portion of the term by the Mayor.
(3) The Mayor, with the approval of a majority vote of the other elected members of the City Council, shall appoint one alternate member to the Commission. The alternate member shall serve without compensation and shall hold no other City office. The term of the alternate member shall be three years, and he or she shall hold office until his or her successor is appointed and approved. The alternate member may be removed from office in the same manner as a regular member. If the alternate member position becomes vacant other than through the expiration of the term, the vacancy shall be filled for the unexpired portion of the term by the Mayor with the approval of a majority vote of the elected members of the City Council. The alternate member may attend any meeting and may serve as a voting and participating member of the Commission at any time when less than the full number of regular Commission members is present and capable of voting.
(4) All regular members of the Commission shall serve without compensation and shall hold no other City office except when appointed to serve on the Board of Adjustment as provided in Neb. RS 19‑908. All members of the Commission may be required, in the discretion of the City Council, to give bond in a sum set by resolution of the Council, and conditioned upon the faithful performance of their duties.
Statutory reference: Neb. RS 19‑927
6-902. Organization.
The Commission shall elect its Chairperson and a Secretary from its members and create and fill such other of its offices as it may determine. The term of the Chairperson and the Secretary shall be one year, and they shall be eligible for reelection. No member of the Commission shall serve in the capacity of both the Chairperson and Secretary of the Commission.
Statutory reference: Neb. RS 19‑927
6-903. Meetings.
(1) The Commission shall hold at least one regular meeting in each calendar quarter, except the City Council may require the Commission to meet more frequently and the Chairperson of the Commission may call for a meeting when necessary to deal with business pending before the Commission. Special meetings may also be held upon the call of any three members of the Commission. The Commission shall adopt rules and regulations for the transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations, which shall be a public record.
(2) The Commission shall be funded by the City Council from time to time out of the general fund. The expenditures of the Commission, exclusive of gifts, shall be within the amounts appropriated for that purpose by the City Council; and no expenditures nor agreements for expenditures shall be valid in excess of such amounts. A number of Commissioners equal to a majority of the number of regular members appointed to the Commission shall constitute a quorum for the transaction of any business.
(3) It shall be the duty of the Secretary to keep the full and correct minutes and records of all meetings and to file them with the City Clerk where they shall be available for public inspection during office hours.
Statutory reference: Neb. RS 19‑927
6-904. Duties.
(1) The Commission shall make and adopt plans for the physical development of the City, including any areas outside its boundaries which, in the Commission's judgment, bear relation to the planning of the City, and shall carry out the other duties and exercise the powers specified in Neb. RS 19‑929. All actions by the Commission shall be subject to the review and supervision of the Mayor and City Council.
(2) The Commission shall make its recommendations to the City Council so that they are received by the City Council within the number of days designated by the City Council after the Commission begins consideration of a matter relating to the comprehensive development plan, capital improvements, building codes, subdivision development, the annexation of territory, or zoning. The Commission shall be responsible for making such reports and performing such other duties as the City Council may, from time to time, designate.
Statutory reference: Neb. RS 19‑927
ARTICLE 10
POLICE OFFICER’S RETIREMENT COMMITTEE
Section.
6-1001. Appointment of members.
6-1002. Duties.
6-1001. Appointment of members.
A Police Officer’s Retirement Committee shall be established to supervise the general operation of the Police Officers retirement system established pursuant to Neb. RS 16-1001 et seq. Each Committee established shall consist of members from both the Police Force and designees of the Council. The Committee shall consist of six members, of which four members shall be selected by the officers from the police force of the City. Election of police officers shall be by secret ballot. Results of the election shall be certified to the City Clerk by the police force. The remaining two members shall be appointed by the Council. The members who are not participants in such retirement system shall have a general knowledge of retirement plans. Members of the Council of the City may serve on the Committee. The Committee members shall be appointed for four‑year terms. Vacancies shall be filled for the remainder of the term by a person with the same representation as his or her predecessor. Members of the Committee shall receive no salary and shall not be compensated for expenses.
Statutory reference: Neb. RS 16‑1015.
6-1002. Duties.
The general administration functions of the retirement system shall be the sole responsibility of the Committee. It shall be the duty of the Committee to:
(1) Provide each employee a summary of plan eligibility requirements and benefit provisions.
(2) Provide, within 30 days after a request is made by a participant, a statement describing the amount of benefits such participant is eligible to receive.
(3) Make available for review an annual report of the system's operations describing both the amount of contributions to the system from both employee and employer sources and an identification of the total assets of the retirement system.
(4) Have an analysis made of the investment return that has been achieved on the assets of the retirement system administered by the Committee. Such analysis shall be prepared as of January 1, 1989, and each five years thereafter. The analysis shall be prepared by an independent private organization which has demonstrated expertise to perform this type of analysis and which is unrelated to any organization offering investment advice or which provides investment management services to the retirement system.
Statutory reference: Neb. RS 16-1017, 16‑1001 et seq.
ARTICLE 11
TREE BOARD
Section.
6-1101. Appointment of members.
6-1102. Organization.
6-1103. Meetings.
6-1104. Duties.
6-1101. Appointment of members.
(1) There is hereby created and established a City Tree Board for this City which shall consist of seven citizens residing within the zoning jurisdiction of the City who shall be appointed by the Council.
(2) The term of the seven persons to be appointed by the Council shall be three years, except that the term of two of the members appointed to the first Board shall be for only one year and the term of two members of the first Board shall be for two years. In the event that a vacancy shall occur during the term of any member, his or her successor shall be appointed for the unexpired portion of the term. Members of the City Tree Board shall serve without compensation.
6-1102. Organization.
The Board shall organize at its first meeting in January of each year and elect from its membership a Chairperson and Secretary. It shall be the duty of the Secretary to keep complete and accurate minutes of all Board meetings and to file the same at the office of the City Clerk for examination at any reasonable time by the public. The Board shall be funded from time to time out of the General Fund by the Council.
6-1103. Meetings.
Meetings of the Board shall be held at such times as the Council may designate, or at such other times as the Chairperson may, in his or her discretion, call a meeting. Special meetings may be also held upon the call of any three members of the Board. A majority of the Board shall constitute a quorum for the purpose of doing business.
6-1104. Duties.
(1) It shall be the responsibility of the City Tree Board to study, investigate, counsel, and develop a written plan for the care, preservation, trimming, planting, replanting, removal, or disposition of trees and shrubs in public ways, streets, and alleys. Further, said plan shall set forth, with specificity, street tree species recommended by the Board to be planted, along with recommendations for spacing, the distance trees may be planted from curbs or curblines and sidewalks, and the distance trees may be planted from street corners and fireplugs and restrictions concerning planting around utilities. Such plan shall be presented to the Council within 90 days from the date of the initial appointment of members to the Board and upon its acceptance and approval by the Council shall constitute the official comprehensive City Tree Plan for the City.
(2) The Board shall review annually and update, if needed, the comprehensive City Tree Plan, which shall be submitted to the Council for its review and approval. The Board shall prepare and present an annual work plan to the Council for its acceptance and approval.
(3) The Board, when requested by the Council, shall consider, investigate, make findings, and report and recommend upon any special matter of question coming within the scope of its work.
(4) The Board shall further have the duties and authority as set forth in Chapter 41 of this code.
(5) The Council shall have the right to review the conduct, acts, and decisions of the City Tree Board. Any person may appeal from any ruling or order of the City Tree Board to the Council, which may hear the matter and make final decision.
Statutory reference: Neb. RS 16-207, 16‑248.
CHAPTER 7
Article.
1. Adoption of Codes by Reference.
2. Building Permits.
3. Electrical Installation.
4. Gas Installations and Permits.
5. Plumbing and Appliance Installations and Permits.
6. Unsafe Buildings.
7. Penalty.
ARTICLE 1
ADOPTION OF CODES BY REFERENCE
Section.
7-101. Adoption of building code.
7-102. Adoption of plumbing code.
7-103. Adoption of electrical code.
7-104. Adoption of life safety code.
7-101. Adoption of building code.
To provide certain minimum standards, provisions, and requirements for safe and stable design, methods of construction, and uses of materials in buildings hereafter erected, constructed, enlarged, altered, repaired, relocated, and converted, the 2009 edition of the International Building Code, as printed in book or pamphlet form, is hereby incorporated by reference in addition to all amendments as though printed in full herein. All prior ordinances of the City in conflict herewith shall be and are hereby repealed. One copy of the current edition of the International Building Code is on file at the office of the City Clerk and is available for public inspection during regular business hours.
Statutory reference: Neb. RS 18-132, 19-902, 19-922.
7-102. Adoption of plumbing code.
To provide certain minimum standards, provisions, and requirements for safe and stable installation, methods of connection, and uses of materials in the installation of plumbing and heating, the 2012 edition of the Uniform Plumbing Code, published by the International Association of Plumbing and Mechanical Officials, as printed in book or pamphlet form, is hereby incorporated by reference in addition to all amended editions as though printed in full herein insofar as said code does not conflict with the statutes of this state. One copy of the plumbing code is on file at the office of the City Clerk and is available for public inspection at any reasonable time. The provisions of the plumbing code shall be controlling throughout the City and throughout its zoning jurisdiction.
Statutory reference: Neb. RS 18-132, 19-902, 19-922.
7-103. Adoption of electrical code.
To provide certain minimum standards, provisions, and requirements for safe and fireproof installation, methods of connection, and uses of materials in the installation of electrical wiring and appliances, the National Electrical Code, as adopted by to the State Electrical Act, Neb. RS §81-2101, et seq, as recommended by the National Fire Protection Association and published by the National Board of Fire Underwriters, as printed in book or pamphlet form, in addition to all amended editions, is hereby incorporated by reference as though printed in full herein insofar as said code does not conflict with the statutes of the state. One copy of the electrical code is on file at the office of the City Clerk and is available for public inspection during regular business hours.
Statutory reference: Neb. RS 18-132, 19-902, 19-922, 81-2101 et seq.
7-104. Adoption of life safety code.
The National Fire Protection Association Life Safety Code, No. 101, 2000 Edition, as printed in book or pamphlet form, is hereby adopted and incorporated by reference as though printed in full herein.
Statutory reference: Neb RS 18-132, 81-502.
ARTICLE 2
BUILDING PERMITS
Section.
7-201. Building permits; fees.
7-202. Building moving permits; fees.
7-201. Building permits; fees.
(1) Any person desiring to commence or proceed to erect, construct, repair, relocate, or demolish any structure requiring a building permit under this municipal code or cause the same to be done shall file with the City Clerk an application therefore in writing on a form to be furnished by the City Clerk for that purpose.
(2) Every such application shall set forth the legal description of the land upon which the construction or relocation is to take place, the nature of the use or occupancy, the principal dimensions, the estimated cost, the names of the owner, architect, and contractor, and such other information as may be requested thereon.
(3) The application, plans, and specifications so filed with the City Clerk shall be checked and examined by the Planning and Zoning Administrator or his or her authorized assistant, and if they are found to be in conformity with the requirements of this chapter and all other ordinances applicable thereto, said officials shall authorize the City Clerk to issue the permit. The provisions contained herein shall govern.
(4) The Clerk shall, at the time of the filing of any application for the issuance of any building permit, charge and collect in advance a fee for said permit. The amount of the fee shall be set by resolution of the Council and a copy of the fee schedule shall be kept and made available in the office of the City Clerk. The fee shall be credited to the General Fund for the purpose of defraying administrative costs of the application.
Statutory reference: Neb. RS 16-233, 16-234.
7-202. Building moving permits; fees.
(1) Permit required.
(a) It shall be unlawful for any person, firm, or corporation to move any building or structure requiring a building permit within the City’s zoning jurisdiction without a written permit to do so. Application may be made to the City Clerk, and shall include present and future location of the building to be moved, the proposed route, the equipment to be used, and such other information as the Council may require.
(b) The application shall be accompanied by a certificate issued by the County Treasurer to the effect that all the provisions regulating the moving of buildings have been complied with on the part of the owner of the real estate upon which the building is presently located.
(c) The City Clerk shall refer the application to the City police for approval of the proposed route over which the building is to be moved.
(d) Upon approval of the Council, the City Clerk shall then issue the permit, provided that a good and sufficient corporate surety bond, check, or cash in an amount set by motion of the Council and conditioned upon moving said building without doing damage to any private or City property is filed with the City Clerk prior to the granting of any permit.
(e) Whenever the moving of any building necessitates interference with a water main, sewer main, pipes, or wire belonging to the City, notice in writing of the time and route of the building moving operation shall be given to the various City officials in charge of the City utility departments who shall proceed on behalf of the City and at the expense of the mover to make such disconnections and do such work as is necessary.
(f) All applications for a permit shall be accompanied by a permit fee set by resolution of the Council and on file at the office of the City Clerk for each day during which said building is to be moved. The City Treasurer shall credit the fee to the General Fund.
(g) No permit shall be granted to move buildings at will or generally within the City, and no permit shall be issued unless the written consent of 80% of the residential property owners residing within 300 feet of the outer boundaries of the lot to which the building is proposed to be moved are received by the Clerk.
(h) All buildings shall be made to conform to the existing type of structure in the area, and shall be ready for use and occupancy within 180 days from the permit date.
(i) The provisions of this code shall not apply to the moving of a mobile home as defined in 26-101 of the Municipal Code. All provisions herein shall relate to any structure, within the City’s zoning jurisdiction, whether moved over public ways of the City or not, and whether or not such moving interferes with any gas main, sewer main, water main, pole, or wire on said public ways or private property.
(2) Deposit.
(a) At such time as the building moving has been completed, the City police shall inspect the premises and report to the City Manager as to the extent of damages, if any, resulting from the said relocation and whether any provisions of the municipal code have been violated during the said operation.
(b) Upon a satisfactory report from the City police, the City Clerk shall return the corporate surety bond, cash, or check deposited by the applicant. In the event the basement, foundation, or portion thereof is not properly filled, covered, or in a clean and sanitary condition, the City Manager may apply the money deposited for the purpose of defraying the expense of correcting said conditions.
(c) If the expense of correcting the hazardous condition is greater than the amount of the deposit set by resolution of the Council, as required herein, the Council may recover such excess expense by civil suit or otherwise as prescribed by law.
Statutory reference: Neb. RS 16-210, 60-6,228 – 60-6,299.
ARTICLE 3
ELECTRICAL INSTALLATIONS
Section.
7-301. Electrical installations.
7-301. Electrical installations.
All installation of electrical apparatus and electrical construction, including new wiring, the addition of a new circuit or circuits, and the installation or change of the service entrance, and all electrical inspections, within the City of Ogallala shall be governed by the Nebraska State Electrical Act.
Statutory Reference: Neb.RS 81-2101 et seq.
ARTICLE 4
GAS INSTALLATIONS AND PERMITS
Section.
7-401. Gas installation permits; fees.
7-402. Gas installation certificates of approval; fees.
7-401. Gas installation permits; fees.
(1) Permit required. No installation of natural gas or liquid propane gas piping or fittings shall be made without first obtaining from the City Clerk a written permit. For each permit issued by the City Clerk, the Clerk shall charge a permit fee as set by resolution of the Council and on file at the office of the Clerk. Said fee shall then be credited to the General Fund.
(2) Application. Application shall be made to the City Clerk for a written permit to do gas fitting work. Along with said application, the applicant shall submit a plan of installation for approval. The plan shall then be submitted to the Gas Inspector for his or her approval, and if the same complies in all respects with this code the Gas Inspector shall endorse his or her approval thereon. (The Gas Inspector shall be appointed by the City Manager, but in the event of the failure by the City Manager to appoint a Gas Inspector, the Building Inspector shall be the Gas Inspector ex officio.) The Clerk, upon said approval, shall then issue the Gas Installation Permit. No gas construction shall begin until said permit is granted and issued.
7-402. Gas installation certificates of approval; fees.
No gas fitting shall be used until inspected by the Gas Inspector or his or her authorized assistant and a certificate of approval or completion is issued by the Gas Inspector. Upon completion of the installation of any gas work, the licensed gas fitter installing the same shall notify the Gas Inspector or his or her authorized assistant who shall inspect such plumbing and installation thereof, and if all the provisions of this code have been complied with, then the Gas Inspector shall issue a certificate of approval which shall certify that such gas installation work has been done in accordance with the provisions of this code. The Gas Inspector shall make and keep a record of all inspections, giving the location, the date, the name of the licensed gas fitter doing the work, for whom installed, and a general description of the inspection. For each inspection, the City Clerk shall charge and collect from the record owner of a premise a fee set by resolution of the Council and on file at the office of the City Clerk.
ARTICLE 5
PLUMBING INSTALLATIONS AND PERMITS
Section.
7-501. Plumbing and appliance installation permits; fees
7-502. Plumbing certificates of approval; fees
7-501. Plumbing and appliance installation permits; fees
(1) Permit; fees.
(a) No installation of plumbing fixtures or any other plumbing construction shall be done, except as otherwise hereinafter specifically provided, without first obtaining from the City Clerk a permit to do so. Every such applicant shall pay for each permit issued at the time of issuance in accordance with a written schedule and at a rate provided for each classification shown thereon. The schedule rates shall be set by the Council and be on file at the office of the Clerk. Any person who shall commence any plumbing work for which a permit is required by this chapter without first having obtained a permit therefore shall, if subsequently permitted to obtain a permit, pay double the permit fee fixed by the Council for such work; provided, however, that this provision shall not apply to emergency work when it shall be proven to the satisfaction of the City Manager that such work was urgently necessary and that it was not practical to obtain a permit therefore before the commencement of the work. In all cases, a permit must be obtained as soon as it is practical to do so, and if there is an unreasonable delay in obtaining such permit, a double fee as herein provided shall be charged.
(b) No permit shall be issued to any person to do or cause to be done any plumbing or drainage work regulated by this chapter, except to a person holding a valid, unexpired, and unrevoked plumbing contractor's certificate of qualification or registration except when and as otherwise hereinafter provided.
(c) A permit may be issued to any properly licensed person not acting in violation of any current state or City contractor licensing law for the installation, alteration, or repair of water piping, water treatment equipment, private sewage disposal systems, and building sewers connecting thereto.
(d) A permit may be issued to a person who does not possess a plumbing contractor certificate of qualification or registration from the City under the following conditions:
(i) The plumbing permit will be issued for a single project.
(ii) The applicant shall produce a copy of a current license from another community or state stating that the applicant has been engaged in the business of a plumbing contractor for a period of at least one year and is currently in good standing regarding the license.
(iii) The applicant shall file a bond in an amount required for a licensed plumbing contractor licensed with the City of Ogallala.
(e) A permit required by this chapter may be issued to any unlicensed person to do any plumbing or drainage work regulated by this chapter in a single-family dwelling used exclusively for living purposes, including the usual accessory buildings and quarters in connection with such buildings, in the event that any such person is the bona fide owner of any such dwelling and accessory buildings and quarters, and that the same are occupied by or designated to be occupied by said owner; provided, that said owner shall personally perform all labor in connection therewith, and no such permit shall be issued to a homeowner who has obtained a like permit during the past two years, except on good cause shown and upon official action by the Mayor and City Council of the City. Appliance dealers or employees must have an appliance dealer permit to connect appliances to existing sewer and water lines. No such connection shall be made to any water or sewer line not installed in accordance with this code. Any connection requiring additional waste or water piping shall be installed by a licensed plumber. All such installations by appliance dealers shall be subject to inspection. A fee set by resolution of the Council shall be charged for such permit.
(f) No plumbing contractor shall allow any other person to do or cause to be done any work under a permit secured by said contractor except persons in his or her employ or Journeyman Plumbers who are licensed by the City.
(2) Application. Application shall be made to the City Clerk for a written permit to do plumbing work as defined in the Uniform Plumbing Code. Before requesting the issuance of any such construction permit from the City Clerk, the applicant shall submit to the Plumbing Inspector a plan thereof, and if the same complies in all respects with this code, the Plumbing Inspector shall endorse his or her approval thereon, whereupon the City Clerk shall issue the plumbing construction permit. No plumbing construction shall be begun until said permit is granted and issued.
7-502. Plumbing certificates of approval; fees
No plumbing shall be used until inspected by the Plumbing Inspector or his or her authorized assistant and a certificate of approval or completion is issued by the Plumbing Inspector. Upon completion of the installation of any plumbing work, the licensed plumber installing the same shall notify the Plumbing Inspector or his or her authorized assistant who shall inspect such plumbing and installation, and if all the provisions of this code have been complied with, then the Plumbing Inspector shall issue a certificate of approval which shall certify that such plumbing work has been installed in accordance with the provisions of this code. The Plumbing Inspector shall make and keep a record of all inspections, giving the location, the date, the name of the licensed plumber doing the work, for whom installed, and a general description of the inspection. For each inspection, the City Clerk shall charge and collect from the record owner of the premises a fee set by resolution of the Council and kept on file at the office of the City Clerk.
ARTICLE 6
UNSAFE BUILDINGS
Section.
7-601. Definitions; nuisance declared.
7-602. Prohibition on unsafe buildings.
7-603. Determination and notice.
7-604. Hearing and appeal.
7-605. Emergency repair or demolition.
7-606. Special assessments.
7-601. Definitions; nuisance declared.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) Unsafe building shall mean any building, shed, fence, or other man-made structure:
(a) Which is dangerous to the public health because of its condition, and which may cause or aid in the spread of disease or injury to the health of the occupants of it or neighboring structures;
(b) Which because of faulty construction, age, lack of proper repair, or any other cause is especially liable to fire and constitutes or creates a fire hazard; or
(c) Which by reason of faulty construction or any other cause is liable to cause injury or damage by the collapse or fall of all or any part of such structure.
(2) Any such unsafe building in the City is hereby declared to be a nuisance.
Statutory reference: Neb. RS 18-1729, 18-1722, 18-1722.01
7-602. Prohibition on unsafe buildings.
It shall be unlawful to maintain or permit the existence of any unsafe building in the City, and it shall be unlawful for the owner, occupant, or person in custody of any dangerous building to permit the same to remain in an unsafe condition or to occupy such building or permit it to be occupied while it is in an unsafe condition.
Statutory reference: Neb. RS 18-1720.
7-603. Determination and notice.
(1) Whenever the Building Inspector, the Fire Official, the Health Official, or the Council shall be of the opinion that any building or structure in the City is an unsafe building, he or she shall file a written statement to this effect with the City Clerk.
(2) The Clerk shall thereupon cause the property to be posted accordingly, shall file a copy of such determination in the office of the County Register of Deeds, and shall serve written notice upon the owner thereof and upon the occupant thereof if any, by certified mail or by personal service. Such notice shall state that the building has been declared to be in an unsafe condition, that such dangerous condition must be removed or remedied by repairing or altering the building or by demolishing it, that the condition must be remedied within 60 days from the date of receipt; and that appeal of this determination may be made to the Council, acting as the Board of Appeals, by filing with the City Clerk within ten days from the date of receipt of this notice a request for a hearing.
(3) Such notice may be in the following terms:
To (owner-occupant of premises) of the premises known and described as (legal description).
You are hereby notified that (describe building) on the premises above-mentioned has been determined to be an unsafe building and a nuisance after inspection by (title of City official). The causes for this decision are (facts as to the dangerous condition).
You must remedy this condition or demolish the building within sixty (60) days from the date of receipt of this notice or the City will proceed to do so. Appeal of this determination may be made to the Council, acting as the Board of Appeals, by filing with the City Clerk within ten (10) days from the date of receipt of this notice a request for a hearing.
(4) If the Clerk is unsuccessful in serving written notice upon the owner thereof, and upon the occupant thereof, if any, by certified mail or by personal service, then the Clerk shall obtain notice by publication in a newspaper of general circulation in the City and such notice of hearing shall be published for two consecutive weeks. Such notice by publication may be in the following terms:
To (owner-occupant of premises) of the premises known and described as (legal description).
You are hereby notified that (describe building) on the premises above-mentioned has been determined to be an unsafe building and a nuisance after inspection by (title of City official). The causes for this decision are (facts as to the dangerous condition).
You must remedy this condition or demolish the building within sixty (60) days from the date of receipt of this notice or the City will proceed to do so. Appeal of this determination may be made to the Council, acting as the Board of Appeals, by filing with the City Clerk within ten (10) days from the date of publication of this notice a request for a hearing.
(5) If the person receiving the notice has not complied therewith and has not taken an appeal within the time allowed by this section, the Building Inspector may, upon orders of the Council, proceed to remedy the condition or demolish the unsafe building.
Statutory reference: Neb. RS 18-1720.
7-604. Hearing and appeal.
(1) Upon receiving the notice to repair or demolish the building, the owner of the building, within the time stipulated, may in writing to the City Clerk request a hearing before the Council, sitting as the Board of Appeals, to present reasons why the building should not be repaired or demolished.
(2) The Council shall grant such hearing within ten days from the date of receiving the request. A written notice of the Council's decision following the hearing shall be sent to the property owner by certified mail. If the Council rejects the appeal, the owner shall have 60 days from the sending of the decision to begin repair or demolition and removal.
(3) If after the 60-day period the owner has not begun work, the Council shall proceed to cause such work to be done, provided that the property owner may appeal such decision to the appropriate court for adjudication during which proceedings the decision of the Council shall be stayed.
Statutory reference: Neb. RS 18-1720.
7-605. Emergency repair or demolition.
Where any unsafe building or structure poses an immediate danger to the health, safety, or general welfare of any person or persons, and the owner fails to remedy the situation in a reasonable time after notice by the Building Inspector to do so, the City may summarily repair or demolish and remove such building or structure.
Statutory reference: Neb. RS 18-1720.
7-606. Special assessments
(1) In case the owner of any building or structure shall fail, neglect, or refuse to comply with notice by or on behalf of the City to repair, rehabilitate, or demolish and remove a building or structure which is unsafe and a public nuisance, the City may proceed with the work specified in the notice to the property owner. A statement of the cost of such work shall be transmitted to the Council.
(2) The City Council may do either of the following:
(a) Levy the cost as a special assessment against the lot or real estate upon which the building or structure is located. Such special assessment shall be a lien on the real estate and shall be collected in the manner provided for special assessments.
(b) Collect the cost from the owner or the building or structure and enforce the collection by civil action in any court of competent jurisdiction.
Statutory reference: Neb. RS 18-1720, 77-1725.01
ARTICLE 7
PENALTY
Section.
7-701. Penalty.
7-701. Penalty.
(1) Penalty amounts. Any person who violates any of the prohibitions or provisions of any section of this chapter shall be deemed guilty of a misdemeanor. Unless otherwise specified in this chapter or by statute, the penalty for such violation shall be in any amount not to exceed $1,000, in the discretion of the court; and; provided, whenever any section of this chapter shall declare a nuisance, a violation of that section shall be penalized by a fine of not more than $1,000, in which case a new violation shall be deemed to have been committed every 24 hours of such failure to comply.
(2) Abatement of nuisance.
(a) Whenever a nuisance exists as defined in this chapter, the City may proceed by a suit in equity to enjoin and abate the same, in the manner provided by law.
(b) Whenever in any action it is established that a nuisance exits, the court may, together with the fine or penalty imposed, enter an order of abatement as a part of the judgment in the case.
(3) Restitution. The court may, together with the fine or penalty imposed, enter an order of restitution as part of the judgment in the case.
Statutory reference: Neb. RS 16‑225, 16‑240, 16‑246, 18‑1720
CHAPTER 8
Article.
1. General Provisions.
2. Cemetery Manager.
3. Penalty.
ARTICLE 1
GENERAL PROVISIONS
Section.
8-101. Operation and funding.
8-102. Perpetual care fund.
8-101. Operation and funding.
The City owns and manages the City Cemetery. The Council, by resolution, shall adopt rules and regulations, a copy of which shall be maintained at the City Clerk’s office, for the care, management, maintenance, and beautification of the Cemetery. The Council, for the purpose of defraying the cost of the care, management, maintenance, and beautification of the Cemetery, may each year levy a tax not exceeding the maximum limit prescribed by state law on the taxable value of all taxable property within the City. The revenue from the said tax shall be known as the Ogallala Cemetery General Fund and shall include all gifts, grants, deeds of conveyance, bequests, money, stocks, bonds, or other valuable income‑producing personal property and real estate from any source for the purpose of endowing the Cemetery. The Ogallala Cemetery General Fund shall at all times be in the custody of the City Treasurer.
Statutory reference: Neb. RS 16-241 – 16-246
8-102. Perpetual care fund.
(1) The City of Ogallala shall set aside:
(a) The Perpetual Care Fee assessed on all lot sales;
(b) The Perpetual Care Fee assessed on all grave open/close, excluding disinterment;
(c) Survey to locate lot fee; and,
(d) Monument Setting Fee, as established by resolution, as a perpetual fund to be invested as provided by ordinance, and the income therefrom shall be used for the care, ornamentation or maintenance of such lots or the Cemetery in general. The City of Ogallala may invest monies from sources other than those described above, as it deems necessary and appropriate to increase the amount of the perpetual fund.
(2) The City of Ogallala may receive money by donation, bequest or otherwise to be held in trust in perpetuity to be invested as provided by ordinance or conditioned by the donor, and the income therefrom shall be used for the care, ornamentation, and maintenance of such property as the donor may designate.
(3) All funds received for the benefit of the perpetual fund shall be invested in certificates of deposit with financial institutions designated by the City as depositories of City funds.
(4) The City Treasurer shall be the custodian of such funds.
Statutory reference: Neb. RS 12-509 – 12-512.08.
ARTICLE 2
CEMETERY MANAGER
Section.
8-201. Cemetery Manager.
8-201. Cemetery Manager.
The Cemetery Manager, under the direction of the City Manager shall be responsible for the enforcement of the rules and regulations and for the care, management, maintenance, and beautification of the Cemetery. It shall be the duty of the Cemetery Manager upon receiving a burial permit to locate and direct the party named in the permit to the lot mentioned therein and to dig and excavate, or cause the same to be dug or excavated, in compliance with the rules and regulations of the Cemetery.
Statutory reference: Neb. RS 12‑403
ARTICLE 3
PENALTY
Section.
8-301. Penalty.
8-301. Penalty.
(1) Penalty amounts. Any person who violates any of the prohibitions or provisions of any section of this chapter shall be deemed guilty of a misdemeanor. Unless otherwise specified in this chapter or by statute, the penalty for such violation shall be in any amount not to exceed $1,000, in the discretion of the court; and; provided, whenever any section of this chapter shall declare a nuisance, a violation of that section shall be penalized by a fine of not more than $1,000, in which case a new violation shall be deemed to have been committed every 24 hours of such failure to comply.
(2) Abatement of nuisance.
(a) Whenever a nuisance exists as defined in this chapter, the City may proceed by a suit in equity to enjoin and abate the same, in the manner provided by law.
(b) Whenever in any action it is established that a nuisance exits, the court may, together with the fine or penalty imposed, enter an order of abatement as a part of the judgment in the case.
(3) Restitution. The court may, together with the fine or penalty imposed, enter an order of restitution as part of the judgment in the case.
Statutory reference: Neb. RS 16‑225, 16‑240, 16‑246, 18‑1720
CHAPTER 9
Article.
1. General Provisions.
ARTICLE 1
GENERAL PROVISIONS
Section.
9-101. Corporate existence.
9-102. City seal.
9-103. Powers of City.
9-104. Service of process.
9-101. Corporate existence.
The City of Ogallala, Nebraska, is hereby found and declared to be a City of more than 5,000 persons. The City shall be governed by the laws of Nebraska regulating cities of the First Class.
Statutory reference: Neb. RS 16‑101.
9-102. City seal.
The official Corporate Seal of the City shall be kept in the office of the City Clerk, and shall bear the following inscription: “City of Ogallala, Corporate Seal, Keith County, Nebraska, Incorporated November 25, 1884.” The City Clerk shall affix an impression of the said official seal to all warrants, licenses, permits, ordinances, and all other official papers issued by order of the Council and countersigned by the City Clerk.
Statutory reference: Neb. RS 16‑115.
9-103. Powers of City.
The City is a body corporate and politic. It shall have the power to:
(1) Sue and be sued.
(2) Purchase, lease, and lease with option to buy.
(3) Acquire property by gift or devise.
(4) Hold real and personal property within or without the limits of the City, and real estate sold for taxes for the use of the City in such manner and upon such terms and conditions as may be deemed in the best interest of the City.
(5) Sell and convey, exchange, or lease any real or personal property owned by the City, including park land, in such manner and upon such terms and conditions as may be deemed in the best interests of the City; provided, however, that real estate owned by the City may be conveyed without consideration to the State of Nebraska or to the Nebraska Armory Board for state armory sites, or if acquired for state armory sites, shall be conveyed in the manner strictly as provided in Neb. RS 18‑1001 through 18‑1006.
(6) Make all contracts and do all other acts in relation to the property and concerns of the City necessary in the exercise of its corporate powers.
(7) Exercise such other and further powers as may be conferred by law.
Statutory reference: Neb. RS 16‑201.
9-104. Service of process.
All process affecting the City may be served by personal, residence, or certified mail service upon the President of the Council or the Clerk.
Statutory reference: Neb. RS 25‑510.02 (2).
CHAPTER 10
Article.
1. General Provisions.
2. Penalty.
ARTICLE 1
GENERAL PROVISIONS
Section.
10-101. Title of code.
10-102. Interpretation.
10-103. Application to future ordinances.
10-104. Codification of ordinance.
10-105. Captions.
10-106. Definitions.
10-107. Rules of interpretation.
10-108 Severability.
10-109. Reference to other sections.
10-110. Reference to offices.
10-111. Errors and omissions.
10-112. Official time.
10-113. Reasonable time.
10-114. Ordinances repealed.
10-115. Ordinances unaffected.
10-116. Repeal or modification of ordinance.
10-117. Statutory references; historical reference.
10-118. Supplementation of code of ordinances.
10-101. Title of code.
This codification of ordinances by and for the City of Ogallala, Nebraska, shall be designated as the Code of Ogallala and may be so cited.
10-102. Interpretation.
Unless otherwise provided herein, or by law or implication required, the same rules of construction, definition, and application shall govern the interpretation of this code as those governing the interpretation of state law.
10-103. Application to future ordinances.
All provisions of Title I compatible with future legislation shall apply to ordinances hereafter adopted amending or supplementing this code unless otherwise specifically provided.
10-104. Codification of ordinance.
The City shall have the power to revise the ordinances of the City from time to time and publish the same in pamphlet or book form. The revision shall be evidenced by a general codification ordinance which shall repeal all other ordinances in conflict and embrace as the governing law of the City all provisions therein. All ordinances in force at the time of codification shall continue in force for the purpose of all rights acquired, fines, penalties, forfeitures, and liabilities incurred and actions therefore.
Statutory reference: Neb. RS 16‑247.
10-105. Captions.
Headings and captions used in this code other than the title, chapter, and section numbers are employed for reference purposes only and shall not be deemed a part of the text of any section.
10-106. Definitions.
(1) General rule. Words and phrases shall be taken in their plain, or ordinary and usual sense. However, technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import.
(2) Definitions. For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(a) City, municipal, corporation, or municipality shall mean the City of Ogallala, Nebraska.
(b) City Council, Council or governing body shall mean the President and City Council of the City.
(c) City Police shall mean any police officer of the City.
(d) Code, this code or code of ordinance shall mean this City code as modified by amendment, revision, and adoption of new titles, chapters, or sections.
(e) County shall mean Keith County, Nebraska.
(f) Manager shall mean the City Manager for the City.
(g) May shall mean the act referred to is permissive.
(h) Month shall mean calendar month.
(i) Oath shall mean an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words swear and sworn shall be equivalent to the words affirm and affirmed.
(j) Officer, office, employee, commission, or department shall mean an officer, office, employee, commission, or department of this City, unless the context clearly requires otherwise.
(k) Person shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint‑stock companies, and associations.
(l) Preceding or following shall mean next before or next after, respectively.
(m) President shall mean the president of the City Council of the City.
(n) Shall shall mean the act referred to is mandatory.
(o) Signature or subscription shall include a mark when the person cannot write.
(p) State shall mean the State of Nebraska.
(q) Subchapter shall mean a division of a chapter, designated in this code by a heading in the chapter analysis and a capitalized heading in the body of the chapter, setting apart a group of sections related by the subject matter of the heading. Not all chapters have subchapters.
(r) Wholesale dealer or seller of a product at wholesale shall mean a manufacturer of any product who sells the said product to other persons for the purpose of future resale to consumers.
(s) Written shall mean any representation of words, letters, or figures, whether by printing or otherwise.
(t) Year shall mean calendar year, unless otherwise expressed.
Statutory reference: Neb. RS 49‑801 (16)
10-107. Rules of interpretation.
The construction of all ordinances of this City shall be by the following rules, unless such construction is plainly repugnant to the intent of the Mayor and City Council or of the context of the same ordinance:
(1) And or or. Either conjunction shall include the other as if written “and/or,” if the sense requires it.
(2) Acts by assistants. When a statute or ordinance requires an act to be done which, by law, an agent or deputy as well may do as the principal, such requisition shall be satisfied by the performance of such act by an authorized agent or deputy.
(3) Gender; singular and plural; tenses. Words denoting the masculine gender shall be deemed to include the feminine and neuter genders; words in the singular shall include the plural, and words in the plural shall include the singular; the use of a verb in the present tense shall include the future, if applicable.
(4) General term. A general term following specific enumeration of terms is not to be limited to the class enumerated unless expressly so limited.
10-108 Severability.
If any provision of this code as now or later amended or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision or application.
10-109. Reference to other sections.
Whenever in one section reference is made to another section hereof, such reference shall extend and apply to the section referred to as subsequently amended, revised, recodified, or renumbered unless the subject matter is materially altered by the amendment or revision.
10-110. Reference to offices.
Reference to a public office or officer shall be deemed to apply to any office, officer, or employee of this City exercising the powers, duties, or functions contemplated in the provision, irrespective of any transfer of functions or change in the official title of the functionary.
10-111. Errors and omissions.
If a manifest error is discovered, consisting of the misspelling of any words; the omission of any word or words necessary to express the intention of the provisions affected; the use of a word or words to which no meaning can be attached; or the use of a word or words when another word or words was clearly intended to express such intent, such spelling shall be corrected and such word or words supplied, omitted, or substituted as will conform with the manifest intention, and the provisions shall have the same effect as though the correct words were contained in the text as originally published. No alteration shall be made or permitted if any question exists regarding the nature or extent of such error.
10-112. Official time.
Whenever words fixing or importing time or the hour of the day are used in this code, they shall be construed to mean Mountain Standard Time or Mountain Daylight Savings Time, whichever is applicable.
10-113. Reasonable time.
(1) In all cases where an ordinance requires an act to be done in a reasonable time or requires reasonable notice to be given, reasonable time or notice shall be deemed to mean the time which is necessary for a prompt performance of such act or the giving of such notice.
(2) The time within which an act is to be done, as herein provided, shall be computed by excluding the first day and including the last. If the last day is Sunday, it shall be excluded.
10-114. Ordinances repealed.
(1) This code, from and after its effective date, shall contain all of the provisions of a general or permanent nature pertaining to the subjects herein enumerated and embraced.
(2) All prior ordinances of a general and permanent nature pertaining to the subjects treated by this code shall be deemed repealed from and after the effective date of this code, provided that in construing the provisions of this section, the following ordinances shall not be considered or held to be ordinances of a general or permanent nature:
(a) Ordinances vacating streets and alleys.
(b) Ordinances authorizing or directing public improvements to be made.
(c) Ordinances levying taxes or special assessments.
(d) Ordinances granting any right, privilege, franchise, or license to persons, firms, or corporations.
(e) Ordinances providing for the issuance of bonds or other instruments of indebtedness.
(f) Ordinances establishing grades.
(g) Real estate transactions.
(h) Any other ordinance which by nature would be considered special.
10-115. Ordinances unaffected.
All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not embraced in this code shall remain in full force and effect unless herein repealed expressly or by necessary implication.
10-116. Repeal or modification of ordinance.
(1) Whenever any ordinance or part of an ordinance shall be repealed or modified by a subsequent ordinance, the ordinance or part of an ordinance thus repealed or modified shall continue in force until the publication of the ordinance repealing or modifying it to give effect thereto.
(2) No suit, proceedings, right, liability, fine, forfeiture, or penalty instituted, created, given, secured, or accrued under any ordinance previous to its repeal shall in any way be affected, released, or discharged, but may be prosecuted, enjoyed, and recovered as fully as if the ordinance had continued in force unless it is otherwise expressly provided.
(3) When any ordinance repealing a former ordinance, clause, or provision is itself repealed, the repeal shall not be construed to revive the former ordinance, clause, or provision, unless it is expressly provided.
10-117. Statutory references; historical reference.
(1) A statutory cite set forth as a “statutory reference” following the text of the section indicates that the reader should refer to that statute for further information. Example:
(2) A historical cite set forth as a “historical reference” following the text of the section indicates the specific number and passage date of the original ordinance, and the most recent three amending ordinances, if any, are listed.
10-118. Supplementation of code of ordinances.
(1) Discretion. When preparing a supplement to this municipal code, the codifier (that is, the person, agency, or organization authorized to prepare the supplement) may make formal nonsubstantive changes in ordinances and parts of ordinances included in the supplement as necessary to embody them into a unified code. For example, the codifier may:
(a) Organize the ordinance material into appropriate sections and subdivisions;
(b) Provide appropriate catchlines, headings, and titles for sections and other subdivisions of the ordinance printed in the supplement and make changes in such catchlines, headings, and titles;
(c) Assign appropriate numbers to sections and other subdivisions to be inserted in the code and, where necessary to accommodate new material, change existing section or other subdivision numbers;
(d) Change the words “this ordinance” or words of the same meaning to “this chapter,” “this article,” “this section,” and the like, as may be appropriate, or to “sections to” (inserting section numbers to indicate the sections of the code which embody the substantive sections of the ordinance incorporated into the code);
(e) Insert appropriate section numbers in references to code sections such as “section” or “sections to” which are not filled in prior to adoption of an ordinance;
(f) Correct the spelling of words, correct obvious typographical errors, correct erroneous division and hyphenation of words, capitalize or decapitalize words, and make other similar changes in accordance with accepted usage or for consistency with other provisions of the code;
(g) Change terminology for consistency with terminology used in other provisions of the code; and
(h) Make other nonsubstantive changes necessary to incorporate ordinance material into the code while preserving the original meaning of the ordinance sections.
(2) Prohibition. In no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the code and not repealed by any ordinance.
ARTICLE 2
PENALTY
Section.
10-201. Penalty.
10-201. Penalty.
Any person, or that person's 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 $1,000. 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 City may be prosecuted and punished as though he or she were the principal offender.
CHAPTER 11
Article.
1. General Provisions.
ARTICLE 1
GENERAL PROVISIONS
Section.
11-101. Powers.
11-102. Composition; terms of office.
11-103. Qualifications; other offices; conflicts of interest.
11-104. Vacancies.
11-105. Compensation.
11-106. Organization.
11-107. President of Council/Mayor.
11-101. Powers.
The governing body of the City shall be the City Council, which shall exercise all the powers which have been or may be conferred upon the City by the Constitution and laws of the state, except as herein otherwise provided.
Statutory reference: Neb. RS 19‑611.
11-102. Composition; terms of office.
The City shall be governed by five Council Members. Council Members shall be elected from the City at large and shall serve for a term of four years or until their successors are elected and have qualified.
Statutory reference: Neb. RS 19‑612, 32‑538
11-103. Qualifications; other offices; conflicts of interest.
(1) Members of the City Council shall be residents and registered voters of the City. The Mayor and members of the City Council shall hold no other elective or appointive office or employment with the City. Any Council Member who ceases to possess any of the qualifications required by this subsection or who has been convicted of a crime while in office shall forthwith forfeit such office.
(2) For purposes of this section, elective office means any office which has candidates nominated or elected at the time of a statewide primary election, any office which has candidates nominated at the time of a statewide primary election and elected at the time of a statewide general election, any office which has candidates elected at the time of a statewide general election, any office which has candidates nominated or elected at a City election, and any office created by an act of the Legislature which has candidates elected at an election and includes an office which is filled at an election held in conjunction with the annual meeting of a public body created by an act of the Legislature and high elective office means a member of the Legislature, an elective office described in Article IV, section 1 or 20, or Article VII, section 3 or 10, of the Constitution of Nebraska, or a county, city, or school district elective office.
(3) No candidate for member of the Legislature or an elective office described in Article IV, section 1 or 20, or Article VII, section 3 or 10, of the Constitution of Nebraska shall be eligible to file as a candidate, to petition on the ballot as a candidate, to accept a nomination by a political party or by party convention, caucus, or committee to fill a vacancy, or to be a declared write‑in candidate for more than one elective office to be filled at the same election except for the position of delegate to a county, state, or national political party convention. No candidate for any other high elective office shall be eligible to file as a candidate, to petition on the ballot as a candidate, to accept a nomination by a political party or by party convention, caucus, or committee to fill a vacancy, or to be declared a write‑in candidate for more than one high elective office to be filled at the same election.
(4) Except as provided in division (5) or (7) of this section, no person shall be precluded from being elected or appointed to or holding an elective office for the reason that he or she has been elected or appointed to or holds another elective office.
(5) No person serving as a member of the Legislature or in an elective office described in Article IV, section 1 or 20, or Article VII, section 3 or 10, of the Constitution of Nebraska shall simultaneously serve in any other elective office, except that such a person may simultaneously serve in another elective office which is filled at an election held in conjunction with the annual meeting of a public body.
(6) Whenever an incumbent serving as a member of the Legislature or in an elective office described in Article IV, section 1 or 20, or Article VII, section 3 or 10, of the Constitution of Nebraska assumes another elective office, except an elective office filled at an election held in conjunction with the annual meeting of a public body, the office first held by the incumbent shall be deemed vacant.
(7) No person serving in a high elective office shall simultaneously serve in any other high elective office.
(8) Notwithstanding divisions (5) through (7) of this section, any person holding more than one high elective office upon September 13, 1997, shall be entitled to serve the remainder of all terms for which he or she was elected or appointed.
Statutory reference: Neb. RS 16‑305, 16‑311, 19‑613, 70‑624.04
11-104. Vacancies.
(1) Every elective office shall be vacant upon the happening of any of the events specified in Neb. RS 32‑560 and any other reasons provided by law.
(2) In addition to the events listed in paragraph (1) above and any other reasons for a vacancy provided by law, after notice and a hearing, a vacancy on the City Council shall exist if a member is absent from more than five consecutive regular meetings of the Council unless the absences are excused by a majority vote of the remaining members.
(a) The City Council shall take a vote on whether to excuse a member’s absence from a meeting upon either: a written request from the members submitted to the City Clerk; or, a motion of any other Council member.
(b) If a Council member has been absent from more than five consecutive regular meetings and none of the absences have been excused by a majority vote of the remaining members, the City Clerk shall include this as an item on the agenda for the next regular meeting. At that meeting, the Council shall set a date for a hearing and direct the City Clerk to give the member notice of the hearing by personal service or first-class mail to the member’s last known address.
(c) At the hearing, the Council member shall have the right to present information on why one or more of the absences should be excused. If the Council does not excuse one or more of the member’s absences by a majority vote at the conclusion of the hearing, there shall be a vacancy on the Council.
(3) If a vacancy occurs in the office of the Council Member, a successor Council Member shall be elected at the next regular City election to serve for the remainder of the term, except that a majority of the remaining members of the Council shall appoint a registered voter to serve as Council Member until the successor is so elected and has qualified. If the Council Members are elected by ward, the Council Member elected or appointed to fill the vacancy shall be a registered voter of the ward in which the vacancy exists. If for any reason the seats of a majority of the Council become vacant, the Secretary of State shall conduct a special election to fill the vacancies for the unexpired portion of each term. A vacancy in any office to which the Council elects shall be filled by the Council for the unexpired term.
(4) Except as otherwise provided in division (3) or (6) of this section, vacancies in City elected offices shall be filled by the Mayor and City Council for the balance of the unexpired term. Notice of a vacancy, except a vacancy resulting from the death of the incumbent, shall be in writing and presented to the Council at a regular or special meeting and shall appear as a part of the minutes of such meeting. The Council shall at once give public notice of the vacancy by causing to be published in a newspaper of general circulation within the City or by posting in three public places in the City the office vacated and the length of the unexpired term.
(5) The Mayor shall call a special meeting of the Council or place the issue of filling such vacancy on the agenda at the next regular meeting at which time the Mayor shall submit the name of a qualified registered voter to fill the vacancy for the balance of the unexpired term. The regular or special meeting shall occur upon the death of the incumbent or within four weeks after the meeting at which such notice of vacancy has been presented. The Council shall vote upon such nominee, and if a majority votes in favor of such nominee, the vacancy shall be declared filled. If the nominee fails to receive a majority of the votes, the nomination shall be rejected and the Mayor shall, at the next regular or special meeting, submit the name of another qualified registered voter to fill the vacancy. If the subsequent nominee fails to receive a majority of the votes, the Mayor shall continue at such meeting to submit the names of qualified registered voters in nomination and the Council shall continue to vote upon such nominations at such meeting until the vacancy is filled. The Mayor shall cast his or her vote for or against the nominee in the case of a tie vote of the Council. All Council members present shall cast a ballot for or against the nominee. Any member of the City Council who has been appointed to fill a vacancy on the Council shall have the same rights, including voting, as if such person were elected.
(6) The Mayor and Council may, in lieu of filling a vacancy in a City elected office as provided in divisions (3) through (5) of this section, call a special City election to fill such vacancy.
(7) If vacancies exist in the offices of a majority of the members of the City Council, the Secretary of State shall conduct a special election to fill the vacancies.
(8) No official who is removed at a recall election or who resigns after the initiation of the recall process shall be appointed to fill the vacancy resulting from his or her removal or the removal of any other member of the same governing body during the remainder of his or her term of office.
Statutory reference: Neb. RS 19-3101, 32-560, 32-568(7), 32‑569, 32-1308(5).
11-105. Compensation.
The annual compensation of the President of the Council and Council Members shall be payable quarterly in equal installments, and shall be fixed by the Council. The emoluments of any appointive or elective officer shall not be increased or diminished during the term for which such officer was elected or appointed, except that when there are officers elected or appointed to the Council, or a board or commission having more than one member, and the terms of one or more members commence and end at different times, the compensation of all members of such Council, board, or commission may be increased or diminished at the beginning of the full term of any member thereof. No person who shall have resigned or vacated any office shall be eligible to the same during the time for which such person was elected or appointed when, during the same time, the emoluments have been increased. For each absence from regular meetings of the Council, unless authorized by a two‑thirds vote of all members thereof, there shall be deducted a sum equal to 2% of such annual salary.
Statutory reference: Neb. RS 19‑616, 19‑620.
11-106. Organization.
At the first regular meeting in December, following the general election in every even numbered year, the Council shall meet in the usual place for holding meetings and the newly elected Council members shall assume the duties of their office, and the Council shall elect one of its members as President, who shall be ex officio Mayor, and another as Vice President, who shall serve in the absence of the President. Thereafter, the Council shall meet at such time and place as it may be prescribed by Ordinance, but not less frequently than twice each month. In the absence of the President and the Vice President, the Council may elect a temporary Chairperson.
Statutory reference: Neb. RS 19-615, 19-617.
11-107. President of Council/Mayor.
The President shall preside over the Council, and have a voice and vote in its proceedings but no veto. He or she shall be recognized as the official head of the City for all ceremonial purposes. In addition, he or she shall exercise such other powers and perform such duties, not inconsistent with the provisions of the City Manager Plan, as are conferred upon the Mayor of the City.
Statutory reference: Neb. RS 19‑617.
CHAPTER 12
Article.
1. General Provisions.
2. Officers.
3. Personnel.
ARTICLE 1
GENERAL PROVISIONS
Section.
12-101. Appointment, administration, and investigation by Council
12-102. Departments, offices, and compensation
12-103. Merger of offices
12-101. Appointment, administration, and investigation by Council
(1) The Council shall choose a City Manager and a City Clerk, but no Member of the Council shall be chosen as City Manager. Neither the Council nor any of its committees or Members shall dictate the appointment of any person to office or employment by the City Manager, or in any manner seek to prevent him or her from exercising his or her own judgment in the appointment of officers and employees in the administrative service.
(2) Except for the purpose of inquiry, the Council and its Members shall deal with the administrative service solely through the City Manager, and neither the Council nor any Member thereof shall give orders to any of the subordinates of the City Manager, either publicly or privately.
(3) The Council, or a committee thereof, may investigate the affairs of any department or the official acts and conduct of any City officer. It shall have power to administer oaths and compel the attendance of witnesses and the production of books and papers, and may punish for contempt any person failing to obey its subpoena or refusing to testify. No person shall be excused from testifying, but his or her testimony shall not be used against him or her in any criminal proceeding other than for perjury.
Statutory reference: Neb. RS 19‑618.
12-102. Departments, offices, and compensation
The Council shall have authority, subject to the provisions of the City Manager Plan, to create and discontinue departments, offices, and employments and by ordinance or resolution to prescribe, limit, or change the compensation of such officers and employees; provided, however, nothing herein contained shall be construed as to interfere with or to affect the office or powers of city school or school district officers, or of any officer named in the State Constitution.
Statutory reference: Neb. RS 19‑620.
12-103. Merger of offices
(1) The City Council, at its discretion, may by ordinance combine and merge any elective or appointive office or employment, except that of Council Member, with any other elective or appointive office or employment so that one or more of such offices or employments may be held by the same officer or employee at the same time.
(2) The City Manager may in his or her discretion combine and merge any elective or appointive offices or employment or any combination of duties of any such offices or employments, except Mayor and Council Member, with any other elective or appointive office or employment so that one or more of such offices or employments may be held by the same officer or employee at the same time. The offices or employments so merged and combined shall always be construed to be separate and the effect of the combination or merger shall be limited to a consolidation of official duties only.
(3) The salary or compensation of the officer or employee holding the merged or combined offices or employments or offices and employments shall not be in excess of the maximum amount provided by law for the salary or compensation of the office, offices, employment, or employments so merged and combined.
Statutory reference: Neb. RS 16‑305.
ARTICLE 2
OFFICERS
Section.
12-201. Building Inspector
12-202. City Attorney
12-203. City Clerk
12-204. City Manager.
12-205. City Physician
12-206. City Treasurer
12-207. Fire Chief and Assistant Fire Chief
12-208. Planning & Zoning Administrator
12-209. Plumbing Inspector
12-210. Police Chief
12-211. Public Works Director
12-212. Special Engineer
12-213. Street Superintendent
12-214. Wastewater Superintendent
12-215. Water Superintendent
12-201. Building Inspector
(1) The Building Inspector shall be appointed by the City Manager for an indefinite period of time, and is hereby authorized and directed to enforce all the provisions of the municipal code pertaining to building construction and repair. For such purpose, he or she shall have the powers of the City Police.
(2) In accordance with his or her duties and upon presentation of proper credentials, the Building Inspector, or his or her duly authorized representative, may enter at all reasonable times any building, structure, or premises to perform any duty imposed upon him or her by any building code, electrical code, or plumbing code duly adopted by reference in the municipal code, or any provision of the municipal code.
(3) Whenever any building or construction work is being done contrary to the provisions of said codes, it shall be the duty of the Building Inspector to order the work stopped by notice in writing served on any persons engaged in doing or causing the work to be done. Any such person shall immediately stop or cause to be stopped said work until authorization is received from the Building Inspector to continue the work.
(4) When any structure is in a dangerous condition or the building is being used contrary to the provisions of the laws of the City, the Building Inspector may order such use discontinued or the structure or portion thereof in violation vacated.
(5) The Building Inspector, acting in good faith and without malice in the discharge of the duties of office, shall not thereby render himself or herself personally liable and is hereby relieved from all personal liability for any damage that may accrue to persons or property as the result of any act or omission in the discharge of his or her duties.
(6) The Building Inspector may request, and shall receive so far as may be necessary in the discharge of his or her duties, the assistance and cooperation of other officials of the City.
(7) The Inspector shall have such additional duties and make such reports as the City Manager may prescribe from time to time.
Statutory reference: Neb. RS 16‑246.
12-202. City Attorney
(1) The City Attorney shall be designated by the City Manager for an indefinite period of time, and shall be the legal advisor of the Council, City Manager, and City officers. The City Attorney shall commence, prosecute, and defend all suits and actions necessary to be commenced, prosecuted, or defended on behalf of the City, or that may be ordered by the City Manager or the Council. He or she shall attend meetings of the Council and give them his or her opinion upon any matter submitted to him or her either orally or in writing as may be required. He or she shall draw all ordinances, contracts, and other documents requested by the Manager or Council.
(2) The City Manager shall have the right to pay the City Attorney additional compensation for legal services performed by him or her for the City or to employ additional legal assistance and to pay for such legal assistance out of the funds of the City.
Statutory reference: Neb. RS 16‑319.
12-203. City Clerk
(1) The Council shall appoint the City Clerk, who shall be responsible to the City Manager. It shall be the duty of the City Clerk to attend every meeting of the Council and keep a record of the proceedings thereof. Whenever required by the President of the Council or the City Manager, or requested by two Members of the Council, he or she shall deliver a notice to the Members of the Council of any special meeting thereof, and shall notify any and all committees of the Council of the business entrusted to them.
(2) The Clerk shall keep and carefully preserve all papers and books which may come into his or her possession as Clerk, filing and arranging them in a manner convenient for reference.
(3) The Clerk shall keep all orders for money or warrants for the payment of money, and shall enter the same in numerical order in a book to be kept for that purpose. The Clerk shall also make at the end of each month a report showing the amount appropriated to each fund, and the whole amount of warrants drawn thereon.
(4) The Clerk shall also keep a record of all outstanding bonds against the City, showing the number and amount of each, for and to whom said bonds were issued; and when any bonds are purchased, paid, or canceled, said record shall show the fact. In the annual report he or she shall describe particularly the bonds issued and sold during the year, and the terms of the sale, with every item of expense thereof.
(5) The Clerk shall keep a register of all licenses granted and the purpose for which they were issued, and report to the Council at every meeting. At the beginning of each month, he or she shall, if required by the City Council, furnish the Police Department with a true copy of the register of all licenses then in force. He or she shall issue licenses and collect license fees connected therewith as provided by the laws of the state or the City.
(6) Within 30 days after any meeting of the Council, the Clerk shall prepare and publish the proceedings of any such meeting in a legal newspaper. Such publication shall set forth a statement of the proceedings thereof and shall also include the amount of each claim allowed, the purpose of the claim, and the name of the claimant, except that the aggregate amount of all payroll claims may be included as one item, in a newspaper of general circulation in the City. Between July 15 and August 15 of each year, the employee job titles of all employees and their current annual, monthly, or hourly salaries corresponding to such job titles shall be published. The charge for said publication shall not exceed the rates provided by law. The publication charge shall be paid and allowed as other claims against the General Fund.
(7) Wherever the Clerk is required to issue licenses, occupation tax receipts, or permits, the City Clerk shall collect the amount required to be paid by the applicant.
(8) The Clerk shall have such additional duties as may be prescribed by the Council or the City Manager and shall receive such salary as prescribed by the Council.
Statutory reference: Neb. RS 16‑317 and 19-1102.
12-204. City Manager
(1) The Chief Executive Officer of the City shall be the City Manager, who shall be responsible for the proper administration of all affairs of the City. He or she shall be chosen by the City Council, solely on the basis of administrative qualifications, and need not be a resident of the City or state when appointed. He or she shall hold office at the pleasure of the Council, and shall receive such salary as the Council shall fix by ordinance.
(2) During the absence or disability of the City Manager, the Council shall designate some properly qualified person to perform the duties of the office.
(3) The powers and duties of the City Manager shall be as follows:
(a) See that the laws and ordinances are enforced.
(b) Appoint and remove all heads of departments and all subordinate officers and employees in the departments in both the classified and unclassified service, which appointments shall be based upon merit and fitness alone, and in the classified service all appointments and removals shall be subject to the civil service requirements.
(c) Exercise control over all departments and divisions thereof that may be created by the Council.
(d) Attend all meetings of the Council with the right to take part in the discussion, but not to vote.
(e) Recommend to the Council for adoption such measures as he or she may deem necessary or expedient.
(f) Prepare the annual budget and keep the Council fully advised as to the financial condition and needs of the City.
(g) Be and assume the duties of the Public Works Director, Street Superintendent, Water Superintendent, and Sewer Superintendent ex officio of the City.
(g) Act as Personnel Director for the City.
(i) Act as Purchasing Officer for the City.
(j) Perform such other duties as may be required of him or her by ordinance or resolution of the Council.
(4) The City Manager may at any time investigate the affairs of any department or the conduct of any officer or employee. He or she, or any person appointed by him or her for that purpose, shall have the same power to compel attendance of witnesses and the production of books and papers and other evidence and to punish for contempt which has herein been conferred upon the Council in this chapter.
(5) Before taking office, the City Manager shall file with the City Clerk a surety company bond, conditioned upon the honest and faithful performance of his or her duties, in such sum as shall be fixed by the Council pursuant to this chapter. The premium of this bond shall be paid by the City.
Statutory reference: Neb. RS 19‑645, 19‑646, 19‑647, 19‑648.
12-205. City Physician
The City Physician shall be designated by the City Manager and shall be a physician who resides permanently in the City. He or she shall be a member of the Board of Health of the City and shall be its medical adviser. He or she shall perform such other duties of a medical and healthful nature as shall be assigned to him or her from time to time by the City Manager. He or she shall receive no compensation as a member of the Board of Health nor any salary as City Physician, but shall be allowed compensation for services so assigned to him or her and rendered the City at the usual rates prevailing in the City for such services.
Statutory reference: Neb. RS 16‑238.
12-206. City Treasurer
(1) The Treasurer of the City shall be appointed by the City Manager for an indefinite period of time and shall be custodian of and receive all money belonging to the City. He or she shall keep a separate account of each fund or appropriation, and the debts and credits belonging thereto.
(2) He or she shall, at the end of every month, and as often as may be requested, render an account to the City Manager or City Council, under oath, showing the state of the Treasury at the date of such account, the amount of money remaining in each fund and the amount paid therefrom, and the balance of money in the Treasury. He or she shall accompany such account with a statement of all receipts and disbursements, together with all warrants retained and paid by him or her, which warrants, with all vouchers held by him or her, shall be filed with his or her account in the Clerk's office. He or she shall produce and show all funds shown by such report to be on hand, or satisfy the City Manager that he or she has such funds in his or her custody or under his or her control.
(3) If said Treasurer neglects or fails for the space of ten days from the end of every month to render his or her account, his or her office may be declared vacant by the City Manager, and the Manager shall appoint some person to fill the vacancy. The Treasurer shall keep his or her books and accounts in such a manner as the Manager shall prescribe and shall keep a daily cashbook.
(4) All of the books and accounts of the Treasurer shall always be subject to inspection by the Manager, Members of the Council, and such other persons as they may designate. The Treasurer shall perform such other duties as are required of him or her by the City Manager, the ordinances of the City, and the statutes of the state.
(5) The Treasurer shall keep all money in his or her hands belonging to the City separate and distinct from his or her own money; and he or she is hereby expressly prohibited from using, either directly or indirectly, the corporation money or warrants in his or her custody and keeping same for his or her own use and benefit or that of any other person whomsoever.
(6) Any violation of this subsection shall subject the Treasurer to immediate removal from office by the City Manager, who may declare such office vacant. The Manager shall then appoint a successor to hold said office.
(7) The Treasurer shall give every person paying money into the Treasury and his or her office a receipt therefore, which shall show the source from which such funds are derived, and shall, by distinct lines and columns, show the amount received to the credit of each separate fund, and whether same was paid in cash, in warrants, or otherwise, one of which copies the Treasurer shall deliver to the person making such payment and the other he or she shall retain in his or her office and file such copy with his or her monthly reports.
(8) The Treasurer shall daily, as moneys are received, foot the several columns of his or her cashbook and of his or her register, and carry the amounts forward, and at the close of each year, in case the amount of money received by the Treasurer is insufficient to pay the warrants registered, he or she shall close the account for that year in such register and shall carry forward the excess.
(a) Any Treasurer who shall fail regularly to enter upon his or her cashbook the amounts so received, or who shall fail to keep his or her cashbook footed from day to day for the space of three days, shall forfeit for each offense the sum of $100, to be recovered in a civil action on his or her official bond by any person holding a warrant drawn on such Treasurer, one‑half to the person bringing such action, and one‑half to the school fund of the county.
(b) The cashbook, register, and retained receipts of the Treasurer shall at all times be open to the inspection of any person in whose name any warrants are registered and unpaid.
(9) It shall be the duty of the Treasurer to prepare and publish semi-annually, within 60 days following the close of the second quarter and the fourth quarter of the City fiscal year, a statement of the receipts and expenditures by funds of the City for the preceding two fiscal quarters. It shall also be the duty of the Treasurer to prepare and publish annually, within 60 days following the close of the City fiscal year, a statement of the receipts and expenditures by funds of the City for the preceding fiscal year. Not more than the legal rate shall be charged and paid for such publication. Such publication shall be made in one legal newspaper of general circulation in the City. Any Treasurer failing or neglecting to prepare and publish such statement of receipts and expenditures shall be deemed guilty of a misdemeanor and shall, upon conviction, be fined not to exceed $25, and may be removed from office for such failure or neglect or otherwise disciplined by the City Manager.
(10) The Treasurer shall keep a warrant register which shall show in columns arranged for that purpose the number, date, and amount of each warrant presented and registered, the particular fund upon which the same is drawn, the date of presentation, the name and address of the person in whose name the same is registered, the date of payment, the amount of interest, and the total amount paid thereon, with the date when notice to the person in whose name such warrant is registered as herein provided.
(a) On presentation of a warrant for payment to the Treasurer when there are not sufficient moneys on hand to the credit of the proper fund to pay the same, it shall be the duty of the Treasurer to enter such warrant in his or her warrant register for payment in the order of its presentation and he or she shall endorse on the warrant the words “registered for payment” with the date of registration and shall sign such endorsement, whereupon the warrant shall draw interest at the rate fixed by the City Council, which rate shall be endorsed on the warrant, until notice of payment shall be given the registered owner.
(b) The Treasurer shall neither directly nor indirectly contract for or purchase any City warrant at any discount whatever upon the sum due on such warrant or order, and if he or she shall so contract for or purchase any such order or warrant, he or she shall not be allowed in settlement the amount of such order or warrant, or any part thereof, and shall also forfeit the whole amount due on such order or warrant.
Statutory reference: Neb. RS 16‑318, 16‑712 – 16-722, 19‑1101 – 19‑1104, 77‑2209 et seq.
12-207. Fire Chief and Assistant Fire Chief
(1) Fire Chief.
(a) The Chief of the Fire Department shall be appointed by the City Manager for an indefinite period of time, subject to Civil Service Commission requirements.
(b) He or she shall enforce all laws and ordinances covering the prevention of fires; the storage and use of explosives and flammable substances; the installation of fire alarm systems; the maintenance of fire extinguishing equipment; the regulation of fire escapes; and the inspection of all premises requiring adequate fire escapes.
(c) He or she shall within two days investigate the cause, origin, and circumstances of fires arising within his or her jurisdiction.
(d) He or she shall, on or before April 1 and October 1 of each year, cause the Secretary to file with the City Clerk and the Clerk of the District Court a certified copy of the rolls of all members in good standing in their respective companies in order to obtain the exemptions provided by law.
(e) He or she shall report at such other times as the City Manager may require. He or she shall have the power during the time of a fire and for a period of 36 hours thereafter to arrest any suspected arsonist, or any person for hindering the Department's efforts, conducting himself or herself in a noisy and disorderly manner, or who shall refuse to obey any lawful order by the Fire Chief.
(f) The Fire Chief at a fire may command the services of any person present at any fire to assist in extinguishing the same or in the removal, and protection of property. Failure to obey such an order shall constitute a misdemeanor.
(g) The Fire Chief shall have the right to enter at all reasonable hours into buildings and upon all premises within his or her jurisdiction for the purpose of examining the same for fire hazards and related dangers.
(2) Assistant Fire Chief. The Assistant Fire Chief shall be appointed and be subject to removal by the City Manager at any time, subject to Civil Service Commission requirements. The duties of the Assistant Fire Chief shall be to assist the Fire Chief in the discharge of his or her official duties and to assume the position of Acting Fire Chief in the absence of the regular Fire Chief. As acting Fire Chief, the Assistant Fire Chief shall have all powers, duties, and responsibilities given to the Fire Chief by the municipal code of the City and the laws of the state.
Statutory reference: Neb. RS 16‑222, 16‑308, 16‑309, 19‑618, 19‑1835, 35‑102, 81‑506, 81‑512, 81‑522, 81‑531.
12-208. Planning & Zoning Administrator
The Planning & Zoning Administrator shall be appointed by the City Manager for an indefinite period of time and shall enforce the various provisions of the municipal code that relate to zoning. He or she shall act in an advisory capacity to the Planning Commission and the Zoning Board of Adjustment.
Statutory reference: Neb. RS 16‑308, 19‑618.
12-209. Plumbing Inspector
The City Plumbing Inspector shall be appointed by the City Manager for an indefinite period of time, and shall enforce all laws relating to the installation of plumbing and connections thereto. When acting in good faith and without malice in the scope of his or her official duties, the Plumbing Inspector shall not himself or herself be held personally liable for any damage that may accrue to persons or property as a result of any act required by him or her or by reason of any act or omission in the discharge of his or her duties. The Plumbing Inspector shall, in the discharge of his or her official duties, and upon proper identification, have authority to enter into any building, structure, or premises at any reasonable hour. The Plumbing Inspector shall perform such other duties and issue any permits that the City Manager may direct.
Statutory reference: Neb. RS 16‑246, 16‑308, 19‑618, 18‑1901 et seq.
12-210. Police Chief
(1) The Chief of Police shall be appointed by the City Manager for an indefinite period of time, subject to the Civil Service Commission requirements, and shall have the immediate supervision of the police force.
(2) He or she and the police officers shall have the power, and it shall be their duty, to arrest all offenders against the laws of state or of the City, by day or by night, in the same manner as a sheriff or constable, and keep them in the City prison or other place to prevent their escape, until a trial or examination may be had before the proper officer; and they shall have the same power as a sheriff and constable in relation to all criminal matters arising out of a violation of the municipal code or City ordinance and all process issued by the county court in connection with a violation of a City law.
(3) They shall arrest and detain any person found violating any law of the state or any law of the City until a legal warrant can be obtained. Each member of the City Police Department shall have the duties of becoming well informed as to the laws of the state and laws of the City, of enforcing such laws, of wearing at all times the badge, uniform, and insignia furnished by the City for the police and of properly caring for same, and such further duties as shall be assigned to them by the City Manager or Chief of Police and as are otherwise provided by law.
(4) The Chief of Police shall have custody of all City property used by the City police; shall execute the orders of the Manager; shall be a member of the Board of Health and the Secretary and Quarantine Officer thereof; shall have charge of traffic control on the City streets; shall make and file or cause to be made and filed complaints for violations of the ordinances of the City with the City Attorney; shall have charge of the City jail and the prisoners therein; and shall perform such other duties as are assigned to or required of him or her by the Manager or otherwise provided by law.
12-211. Public works director.
(1) The Public Works Director may be appointed by the City Manager for an indefinite period of time, and shall report to the City Manager. The Public Works Director shall perform complex supervisory, administrative and professional work in planning, organizing, directing, and supervising the Public Works Department, including water, sewer, street, park, cemetery and other public works projects and programs.
(2) The duties and responsibilities of the Public Works Director shall be as follows:
(a) Supervise department superintendents and department support staff, either directly or through subordinates.
(b) Review and standardize department policies and procedures to improve efficiency and effectiveness of operations.
(c) Prepare composite reports from individual reports of subordinates.
(d) Prepare and document budget requests; administer adopted budgets in assigned area of responsibility.
(e) Plan, organize, coordinate, supervise and evaluate programs, plans, services, staffing, equipment and infrastructure of the public works department.
(f) Evaluate public works needs and formulate short and long range plans to meet needs in all areas of responsibility, including street, water, sewer, drainage, light, and park maintenance.
(g) Supervise the preparation of engineering plans and specifications, bidding, competency of contractors and vendors, and the selection criteria for public contracts.
(h) Supervise project management for the construction of the municipal public works projects and assigned projects to ensure contractor compliance with time and budget parameters for the project.
(i) Coordinate the preparation of reviews and updates the sanitary sewer, water, storm drainage, and street system maps, data base, and comprehensive plans.
(j) Supervise the maintenance of infrastructure and other records.
(k) Respond to public or other inquiries relative to department policies and procedures. See O, below
(l) Maintain regular contact with consulting engineers, construction project engineers, City, County, State and Federal agencies, professional and technical groups and the general public regarding division activities and services.
(m) Monitor inter-governmental actions affecting public works.
(n) To perform all other duties as requested by the City Manager.
(o) Evaluate issues and options regarding municipal public works department and make recommendations for improvement of the municipal public works department.
Statutory reference: Neb. RS 19‑618.
12-212. Special Engineer
The City Manager may, whenever he or she deems it expedient, employ a Special Engineer to make or assist in making any particular estimate or survey. Any such estimate or survey shall have the same validity and serve in all respects as though the same had been made by the City Engineer.
Statutory reference: Neb. RS 16‑322.
12-213. Street Superintendent
(1) The Street Superintendent shall be appointed by the City Manager for an indefinite period of time, and shall report to the City Manager.
(2) The duties and responsibilities of the Street Superintendent shall be as follows:
(a) To determine job priorities and work schedules and assign jobs to personnel.
(b) To supervise and coordinate activities of employees engaged in maintenance of City streets and rights‑of‑way in safe condition, and to routinely inspect all streets and alleys in the maintenance district.
(c) To plan and coordinate all maintenance to roads.
(d) To interpret City policies to employees and enforce safety regulations, and to interpret specifications, blueprints, and job orders to employees and assign duties.
(e) To train new employees in the use and operation of machines and equipment.
(f) To submit annual maintenance expenditures for use in preparation of the budget, and to send various reports to the state, as required.
(g) To perform all phases of construction on concrete, asphalt, and gravel streets, including ordering materials.
(h) To operate any and all vehicles and equipment used in the Street Department.
(i) To insure proper use and maintenance of all street department vehicles and equipment.
(j) To maintain inventory of all street vehicles, equipment, and machinery, including generations and specifications for replacement.
(k) To be subject to call as needed for street maintenance.
(l) To assist other departments, as needed.
(m) To perform all other duties as requested by the City Manager.
Statutory reference: Neb. RS 16‑324, 19‑618.
12-214. Wastewater Superintendent
(1) The Wastewater Superintendent shall be appointed by the City Manager for an indefinite period of time.
(2) The duties and responsibilities of the Wastewater Superintendent shall be as follows:
(a) To perform laboratory tests of wastewater for operational control and environmental reports.
(b) To keep all laboratory equipment in stock and all chemical inventories updated.
(c) To keep lab dishes, floors, and equipment clean.
(d) To keep up an educational program for better techniques.
(e) To perform necessary mechanical work and maintenance on the wastewater treatment plant and equipment.
(f) To be able to operate any and all equipment associated with the wastewater treatment plant.
(g) To maintain inventory adequate for efficient operation of the wastewater treatment plant and equipment.
(h) To be aware of and responsible for the Department's annual budget and assist the City Manager in its preparation.
(i) To prepare pollutant discharge reports each month for the Nebraska Department of Environmental Quality.
(j) To keep complete maintenance records in file for the above reports and for a monthly report to the City Manager.
(k) To perform all other duties as requested by the City Manager.
Statutory reference: Neb. RS 16‑308, 19‑618.
12-215. Water Superintendent
(1) The Water Superintendent shall be appointed by the City Manager for an indefinite period of time, and shall report to the City Manager.
(2) The duties and responsibilities of the Water Superintendent shall be as follows:
(a) To maintain water and sewer mains.
(b) To safely and efficiently perform all duties in the operation and maintenance of the Water and Wastewater Departments, including supervision of the employees of said Departments.
(c) To efficiently use all tools and equipment, and test and meter equipment and all safety devices used in the operation and maintenance of water and sewer lines.
(d) To maintain proper care and use of all vehicles and equipment assigned.
(e) To maintain water storage facilities at optimal limits to be sure of an adequate water supply that will meet the needs of all the residents of the City.
(f) To understand the procedures for the manual pump switching and perform such activity according to the proper procedure.
(g) To change the meters according to established procedure.
(h) To repair and calibrate the water meters in the approved manner.
(i) To check the manholes and flush sewers in accordance with the established procedures.
(j) To inspect all wells and the pumping systems on a regular schedule according to the established procedures.
(k) To perform all digging and trenching operations, pipe installations, and meter installations, according to proper code.
(l) To assist in procuring materials from or returning materials to storage areas and preparing a proper accounting thereof.
(m) To maintain work areas in a clean and orderly condition.
(n) To carry out all the duties according to established safety rules and established procedures of the City.
(o) To read, interpret, and perform work from job orders accurately and to legibly fill out the various forms and reports.
(p) To be on call for any sewer and water problems and be able to troubleshoot the water and sewer complaints for residential and commercial customers and restore optimal service.
(q) To keep adequate inventory.
(r) To perform meter reading duties.
(s) To perform all other duties as required by the City Manager.
Statutory reference: Neb. RS 16‑308, 19‑618.
ARTICLE 3
PERSONNEL
Section.
12-301. Personnel manual
12-302. Property of City
12-303. Contracts and conflicts of interest
12-304. Compensation
12-305. Bond
12-306. Oath of office
12-301. Personnel manual
There is hereby adopted the City of Ogallala Personnel Manual which shall be in force and effect for all employees of the City. The Personnel Manual may be amended from time to time by resolution of the City Council. Such amendments shall be incorporated by reference without further formality. Three current copies of the Personnel Manual shall be kept available for public inspection at all times in the office of the City Clerk.
12-302. Property of City
Every officer and employee of the City or of any of its boards or departments shall promptly and fully account for and deliver to his or her successor, or as otherwise directed by the City Manager, all money, equipment, and other property of the City which he or she has in his or her possession or has received from the City during his or her term of office or employment.
Statutory reference: Neb. RS 16‑246.
12-303. Contracts and conflicts of interest
(1)(a) Business association means a business:
(i) In which the individual is a partner, limited liability company member, director, or officer; or
(ii) In which the individual or a member of the individual's immediate family is a stockholder of closed corporation stock worth $1,000 or more at fair market value or which represents more than a 5% equity interest or is a stockholder of publicly traded stock worth $10,000 or more at fair market value or which represents more than 10% equity interest.
(iii) An individual who occupies a confidential professional relationship protected by law shall be exempt from this definition. This definition shall not apply to publicly traded stock under a trading account if the filer reports the name and address of the stockbroker.
(b) Immediate family means a child residing in an individual's household, a spouse of an individual, or an individual claimed by that individual or that individual's spouse as a dependent for federal income tax purposes.
(c) Officer means:
(i) A member of any board or commission of the municipality which spends and administers its own funds, who is dealing with a contract made by such board or commission; or
(ii) Any elected municipal official.
(iii) Officer does not mean volunteer firefighters or ambulance drivers with respect to their duties as firefighters or ambulance drivers.
(2)(a) Except as provided in Neb. RS 49‑1499.04 or 70‑624.04, no officer may have an interest in any contract to which his or her governing body, or anyone for its benefit, is a party. The existence of such an interest in any contract shall render the contract voidable by decree of a court of competent jurisdiction as to any person who entered into the contract or took assignment of such contract with actual knowledge of the prohibited conflict. An action to have a contract declared void under this section may be brought by the county attorney, the governing body, or any resident within the jurisdiction of the governing body and shall be brought within one year after the contract is signed or assigned. The decree may provide for the reimbursement of any person for the reasonable value of all money, goods, material, labor, or services furnished under the contract, to the extent that the governing body has benefited thereby.
(b) The prohibition in division (2) shall apply only when the officer or his or her parent, spouse, or child:
(i) Has a business association with the business involved in the contract; or
(ii) Will receive a direct pecuniary fee or commission as a result of the contract.
(3) Division (2) of this section does not apply if the contract is an agenda item approved at a meeting of the governing body and the interested officer:
(a) Makes a declaration on the record to the governing body responsible for approving the contract regarding the nature and extent of his or her interest prior to official consideration of the contract;
(b) Does not vote on the matters of granting the contract, making payments pursuant to the contract, or accepting performance of work under the contract, or similar matters relating to the contract, except that if the number of members of the governing body declaring an interest in the contract would prevent the body with all members present from securing a quorum on the issue, then all members may vote on the matters; and
(c) Does not act for the governing body which is a party to the contract as to inspection or performance under the contract in which he or she has an interest.
(4) An officer who has no business association with the business involved in the contract; or, will not receive a direct pecuniary fee or commission as a result of the contract shall not be deemed to have an interest within the meaning of this section.
(5) The receiving of deposits, cashing of checks, and buying and selling of warrants and bonds of indebtedness of any such governing body by a financial institution shall not be considered a contract for purposes of this section. The ownership of less than 5% of the outstanding shares of a corporation shall not constitute an interest within the meaning of this section.
(6) If an officer's parent, spouse, or child is an employee of the officer's governing body, the officer may vote on all issues of the contract which are generally applicable to all employees or, all employees within a classification and do not single out his or her parent, spouse, or child for special action.
(7) Neb. RS 49‑14,102 does not apply to contracts covered by this section.
(8)(a) The person charged with keeping records for the governing body shall maintain separately from other records a ledger containing the information listed in subdivisions (i) through (v) of this division (8)(a) about every contract entered into by the governing body in which an officer of the body has an interest and for which disclosure is made pursuant to division (3) of this section. Such information shall be kept in the ledger for five years from the date of the officer's last day in office and shall include the:
(i) Names of the contracting parties;
(ii) Nature of the interest of the officer in question;
(iii) Date that the contract was approved by the governing body;
(iv) Amount of the contract; and
(v) Basic terms of the contract.
(b) The information supplied relative to the contract shall be provided no later than ten days after the contract has been signed by both parties. The ledger kept pursuant to this division (8) shall be available for public inspection during the normal working hours of the office in which it is kept.
(9) An open account established for the benefit of any governing body with a business in which an officer has an interest shall be deemed a contract subject to this section. The statement required to be filed by division (8) of this section shall be filed within ten days after such account is opened. Thereafter, the person charged with keeping records for the governing body shall maintain a running account of amounts purchased on the open account. Purchases made from petty cash or a petty cash fund shall not be subject to this section.
(10) Notwithstanding divisions (1) through (9) of this section, the governing body may prohibit contracts over a specific dollar amount in which an officer of the governing body may have an interest.
(11) The governing body may exempt from divisions (1) through (9) of this section, contracts involving $100 or less in which an officer of such body may have an interest.
Statutory reference: Neb. RS 18‑305 – 18‑312, 49-14,102, 49‑14,103.01 – 49-14,103.07, 49-1408, 49‑1425, 49‑1499.04 and 70‑624.04.
12-304. Compensation
Salaries of officers and employees of the City shall be in such amount as the Council shall fix by resolution, except for the City Manager which shall be fixed by ordinance. All salaries shall be on file at the office of the City Clerk and available for public inspection at any reasonable time.
Statutory reference: Neb. RS 19‑645.
12-305. Bond
(1) Council Members. Each Council Member before entering upon the duties of his or her office shall be required to give a bond to the City with some responsible surety company. Such bond shall be on file in the office of the City Clerk and shall be conditioned on the faithful discharge of the duties of the Council Member. The bond will be further conditioned that if the Council Member shall vote for any expenditure or appropriation of money or create any liability in excess of the amount allowed by law, the Council Member and the surety signing the bond shall be liable thereon. The bond shall be filed with the Clerk and approved by the President of the Council. Upon approval, the City may pay the premium for such bond. Any liability sought to be incurred or debt created in excess of the amount limited or authorized by law shall be taken and held by any court of the state as the joint and several liability of the Council Member voting for and the President of the Council approving the same. Any such liability or debt shall not be an obligation upon the City. Voting for or approving of such liability or debt shall be conclusive evidence of malfeasance in office. Any Council Member voting for such an appropriation shall be removed from office.
(2) City Manager. Before taking office, the City Manager shall file with the City Clerk a surety company bond conditioned upon the honest and faithful performance of his or her duties in such sum as shall be fixed by the Council. The premium of the bond shall be paid by the City.
(3) Requirements. Official bonds of the City shall be in form joint and several and shall be made payable to the City in such penalty as the Council may set by resolution, which sums shall be on file at the office of the City Clerk, provided that the penalty amount on any bond shall not fall below the legal minimum, when one has been set by the state, for each particular official. All official bonds of the City officials shall be executed by the principal named in such bonds and by a guaranty, surety, fidelity, or bonding company, provided that no City official, while still in his or her official term of office, shall be accepted as surety on any other official's bond, contractor's bond, license bond, or appeal bond under any circumstances. Only companies that are legally authorized to transact business in this state shall be eligible for suretyship on the bond of an official of the City. All said bonds shall obligate the principal and surety for the faithful discharge of all duties required by law of such principal and shall inure to the benefit of the City and any persons who may be injured by a breach of the conditions of such bonds. No bond shall be deemed to be given or complete until the approval of the Council has been given and the appropriate parties have signed said instrument. The premium on any official bond required to be given may be paid out of the General Fund or other proper City fund upon a resolution to that effect by the Council at the beginning of any City year. All official bonds meeting the conditions herein shall be filed with the City Clerk for his or her official records, and it shall be the duty of the City Clerk to furnish a certified copy of any bond so filed upon the payment of a fee which shall be set by resolution of the Council. In the event that the sureties on the official bond of any officer of the City, in the opinion of the Council, become insufficient, the Council may, by resolution, fix a reasonable time within which the officer may give a new bond or additional sureties as directed. In the event that the officer should fail, refuse, or neglect to give a new bond or additional sureties to the satisfaction and approval of the Council, then the office shall, by such failure, refusal, or neglect, become vacant, and it shall be the duty of the Council to appoint a competent and qualified person to fill the office. Any official who is reelected to office shall be required to file a new bond after each election.
Statutory reference: Neb. RS 11-103 – 11-118, 16‑219, 16‑304, 16-317, 16-318 and19‑648.
12-306. Oath of office
(1) Generally. All officials of the City, whether elected or appointed, except when a different oath is specifically provided herein, shall, before entering upon their respective duties, take and subscribe the following oath, which shall be endorsed upon their respective bonds:
I (Name) do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Nebraska against all enemies, foreign and domestic; that I bear true faith and allegiance to the same; that I take this obligation freely, and without mental reservation, or for the purpose of evasion; and that I will faithfully and impartially perform the duties of the office of (Name of office) according to law, and to the best of my ability. And I do further swear that I do not advocate, nor am I a member of any political party or organization that advocates, the overthrow of the government of the United States or of this state by force or violence; and that during such time as I am in this position I will not advocate, nor become a member of any political party or organization that advocates, the overthrow of the government of the United States or of this state by force or violence. So help me God.
(2) False statements. Any person convicted of making a false statement while taking the oath prescribed hereinbefore shall be deemed guilty of perjury.
Statutory reference: Neb. RS 11‑101, 28‑915.
CHAPTER 13
Article.
1. General Provisions.
2. Gas Contractors.
3. Plumbers and Appliance Dealers.
4. Right of Way Contractor.
5. Sewer Contractors and Journeymen.
6. Penalty.
ARTICLE 1
GENERAL PROVISIONS
Section.
13-101. License applications.
13-101. License applications.
At the time any license application is made to the City, said applicant, if an individual, must provide his or her Social Security Number on the application form.
ARTICLE 2
GAS CONTRACTORS
Section.
13-201. Gas contractors.
13-201. Gas contractors.
(1) Licenses. No person shall install gas fittings within the corporate limits without first having obtained a license from the City to do so, paid the annual registration fee, and posted the requisite bond. All licenses issued to gas fitters shall continue in force to July 31 after the date on which they are granted unless sooner revoked. Licenses at the time of their expiration may be renewed by the Council upon written recommendation of the Gas Inspector and the written request of the applicant for a period of one year commencing August 1 and ending July 31 next following and upon condition that the annual registration fee is paid and the registrant's bond for the renewal license period is approved by the Council and on file in the office of the City Clerk. All licensees must apply for renewal of their licenses within 60 days following their expiration. Renewal licenses may not be issued after such 60‑day period. No gas fitter's license issued hereunder shall be transferable. The City Clerk shall keep a record of all licenses issued, lapsed, or revoked hereunder. All gas fitters' licenses shall be signed by the President and countersigned by the City Clerk. Every license granted may be revoked after reasonable notice and hearing by the Council whenever the licensee fails, neglects, or refuses to comply with the provisions of this Code.
(2) License application. Application for a gas fitter's license shall be made in writing to the Gas Inspector who shall be appointed by the City Manager and shall have the powers and duties prescribed herein. In the event the City Manager shall fail or neglect to appoint a Gas Inspector, the Building Inspector shall be the Gas Inspector ex‑officio. Before the gas fitter's license is issued, the applicant shall satisfy the Gas Inspector that he or she possesses the qualifications and fitness, practical and elementary in character, to install gas fittings. If the Gas Inspector should be so satisfied, he or she shall recommend the issuance of such license to the Council. If the applicant is a gas fitting contractor, the license so issued shall cover employees of the applicant who shall install gas fittings under the supervision of the applicant.
(3) Bond. A corporate surety bond in a sum set by resolution of the Council and containing such conditions as the City Attorney shall specify shall accompany the application, and the written approval of the City Attorney, pursuant to action of the Council, shall be endorsed on the bond before the license is issued. The obligee on said bond shall be the City and action may be maintained thereon by anyone injured by a breach of its conditions for a period of one year after the completion of any gas fitting work.
ARTICLE 3
PLUMBERS AND APPLIANCE DEALERS
Section.
13-301. Plumbers and appliance dealers.
13-301. Plumbers and appliance dealers.
(1) Plumbers.
(a) Plumbing contractor certificate. A plumbing contractor's certificate of qualification or registration shall be issued to every person who makes application for such certificate, pays the required fee, and successfully passes the examination conducted by the Planning and Zoning Administrator. Applicants for a plumbing contractor's license must have had at least three years actual experience as a licensed journeyman plumber, and shall present documentary proof thereof in the form of letters or affidavits from employers, former employers, or such other qualified persons as may attest to such fact.
(b) Journeyman plumber certificate. A journeyman plumber's certificate of qualification or registration shall be issued to every person who makes application for such certificate, pays the required fee, and successfully passes the examination conducted by the City. Applicants for a journeyman plumber's license must have had at least two years actual experience as a plumber's apprentice or plumber's helper, and shall present documentary proof thereof in the form of letters or affidavits from employers, former employers, or such other qualified persons attesting to such fact.
(c) Fee. The initial fee for a plumber's or journeyman plumber's certificate of qualification or registration shall be set by resolution of the Council, a copy of which shall be kept available for public inspection in the office of the City Clerk. All certificates of qualification or registration, except certificates that have been cancelled or revoked, may be renewed on or before July 31 from year to year upon written request and payment of the required renewal fee. No certificate may be renewed more than 90 days after the expiration date of such certificate. The fees for renewal certificates of a plumbing contractor or master plumber and for a journeyman plumber shall be set by resolution of the Council, a copy of which shall be kept available for public inspection in the office of the City Clerk.
(d) Application for certificate. Application for a certificate of qualification or registration shall be made in writing to the City on forms that shall be furnished to the applicants by the City Clerk's office.
(e) Bond. A corporate surety bond in a sum set by the Council and containing such conditions as the City Attorney may specify shall accompany the application, and the written approval of the City Attorney shall be endorsed on the said bond prior to the issuance of a license by the City. The obligee of the bond shall be the City and action may be maintained thereon by any person injured by a breach of its conditions for a period of one year after the completion of any plumbing work by the applicant.
(f) Group coverage. The license of any plumbing contractor shall be deemed to be sufficient to cover employees of the applicant; provided, that such installation shall be done under the supervision of the licensee.
(2) Water softener, water conditioner, and water heater dealers.
(a) Licenses and permits. All dealers handling water softeners, water conditioners, and water heaters shall have a license to install same. A permit as hereinafter prescribed shall be required for all work done and all work and installation shall be subject to inspection. If the installation or work done is to replace a prior appliance, no inspection shall be required. Any such permit shall be limited to the installation of not more than ten feet of water piping and shall not authorize the installation of a sewer drain, waste pipe, or vent line. Such licenses may be granted only upon application and after successful examination by the Planning and Zoning Administrator in the manner hereinbefore prescribed for plumbers generally. Employees of water softener, water conditioner, and water heater dealers shall have a journeyman license. A journeyman license may be granted only upon application and after successful examination by the City.
(b) Fees. The initial fee for a water softener, water conditioner, and water heater dealer's license shall be set by resolution of the Council, a copy of which shall be kept available for public inspection in the office of the City Clerk. Thereafter such license may be renewed on or before July 31 by the payment of a fee set by resolution of the Council, a copy of which shall be kept available for public inspection in the office of the City Clerk. The initial fee and renewal fee for a journeyman dealer's license shall be set by resolution of the Council, a copy of which shall be kept available for public inspection in the office of the City Clerk.
Statutory reference: Neb. RS 18‑1918.
ARTICLE 4
RIGHT OF WAY CONTRACTORS
Section.
13-401. Right of way contractors.
13-402. Permits
13-401. Right of way contractors.
(1) Licenses and permits. All contractors performing work within the public right-of-way shall have a contractors license to perform such work. A permit shall be required for any work done and any such work done shall be subject to inspection by the Planning and Zoning Administrator. Such license shall be granted only upon application and approval by the Planning and Zoning Administrator and Street Superintendent. An applicant for a contractor’s license must have previous experience as a contractor and must provide references upon request. An applicant for a contractor’s license must provide proof of the required liability insurance for such work within the public right-of–way.
(2) Liability insurance. The minimum limits of liability insurance coverage shall be set by resolution of the City Council, a copy of which shall be kept available for public inspection in the office of the City Clerk
(3) Fees. The initial fee and the renewal fee for a contractor’s license shall be set by resolution of the City Council, a copy of which shall be kept for public inspection in the office of the City Clerk. The fee shall be paid on or before July 31 of each year.
13-402. Permits
(1) When required. A permit shall be obtained for any work to be done within the public right-of way in the City. Such work may include, but is not limited to, excavations and removals, sidewalk and driveway construction, planting or removal of trees, fencing and landscaping, retaining wall steps.
(2) Who may apply. A permit may be issued to any person who has a current contractor’s license to perform work within the public right-of-way.
(3) Permit process. The permit shall be obtained from the office of the City Clerk. Such permit shall be issued under the following condition:
(a) Submittal of the appropriate application.
(b) Approval by the Public Works Department.
(c) Payment of the appropriate fee.
(4) Fees. The City Clerk shall, at the time of the filing of any application for the issuance of any permit to perform work within the public right-of-way, charge and collect in advance a fee for said permit.
ARTICLE 5
SEWER CONTRACTORS AND JOURNEYMEN
Section.
13-501. Sewer contractors and journeymen.
13-501. Sewer contractors and journeymen.
(1) Licenses and permits. All sewer or sewerage disposal contractors shall have a sewerage disposal contractor's license to perform such work. A permit shall be required for any work done and any such work done shall be subject to inspection by the City Plumbing Inspector. Such license shall be granted only upon application and after successful examination by the City Plumbing Inspector in the manner generally prescribed for plumbers. An applicant for a sewage disposal contractor's license must have two years of experience as a sewer or sewage disposal journeyman before he or she is eligible to apply for examination for a sewage disposal contractor's license. An applicant for a sewage disposal journeyman's license must have one year of experience as an apprentice to a sewage disposal contractor before he or she is eligible to take the examination for sewage disposal journeyman's license. A sewage disposal contractor or sewage disposal journeyman must be present on the job site at all times when work is being performed.
(2) Fees. The initial fee and the renewal fee for a sewer or sewage disposal contractor's license shall be set by resolution of the Council, a copy of which shall be kept available for public inspections in the office of the City Clerk which shall be paid on or before July 31 of each year. The initial and renewal fees for a sewer or sewage disposal journeyman's license fee shall be payable in the same manner as the contractor's license and shall be set by resolution of the Council, a copy of which shall be kept available for public inspection in the office of the City Clerk.
Statutory reference: Neb. RS 18‑503.
ARTICLE 6
PENALTY
Section.
13-601. Penalty.
13-601. Penalty.
(1) Penalty amounts. Any person who violates any of the prohibitions or provisions of any section of this chapter shall be deemed guilty of a misdemeanor. Unless otherwise specified in this chapter or by statute, the penalty for such violation shall be in any amount not to exceed $1,000, in the discretion of the court; and; provided, whenever any section of this chapter shall declare a nuisance, a violation of that section shall be penalized by a fine of not more than $1,000, in which case a new violation shall be deemed to have been committed every 24 hours of such failure to comply.
(2) Abatement of nuisance.
(a) Whenever a nuisance exists as defined in this chapter, the City may proceed by a suit in equity to enjoin and abate the same, in the manner provided by law.
(b) Whenever in any action it is established that a nuisance exits, the court may, together with the fine or penalty imposed, enter an order of abatement as a part of the judgment in the case.
(3) Restitution. The court may, together with the fine or penalty imposed, enter an order of restitution as part of the judgment in the case.
Statutory reference: Neb. RS 16‑225, 16‑240, 16‑246, 18‑1720.
CHAPTER 14
Article.
1. General Provisions.
ARTICLE 1
GENERAL PROVISIONS
Section
14-101. Election procedures; adopted by reference.
14-102. Initiative and referendum; adopted by reference.
14-101. Election procedures; adopted by reference.
The City’s election procedures are hereby governed by Nebraska Revised Statutes by Chapter 32, Articles 1 through 16, inclusive which are hereby adopted by reference as if set out fully herein. A copy of said election procedures may be found on file in the office of the City Clerk.
14-102. Initiative and referendum; adopted by reference.
The City’s procedures for initiative and referendum are governed by Nebraska Revised Statutes by Chapter 18, Article 25, which is hereby adopted by reference as if set out fully herein. A copy of said election procedures may be found on file in the office of the City Clerk.
CHAPTER 15
Article.
1. General Provisions.
ARTICLE 1
GENERAL PROVISIONS
Section
15-101. Emergency Succession Act adopted.
15-102. Emergency Management Act adopted.
15-101. Emergency Succession Act adopted.
In accordance with the terms and conditions of the Nebraska General Emergency Succession Act, the Council hereby declares that it is necessary and advisable to invoke the provisions of the Act in the City. The provisions of the Act are binding on the officers of the City government, whether now in office or hereafter elected or appointed.
Statutory reference: Neb. RS 84‑1101 – 84‑1117.
15-102. Emergency Management Act adopted.
In accordance with the terms and conditions of the Nebraska General Emergency Management Act, the Council hereby declares that it is necessary and advisable to invoke the provisions of the Act in the City. The provisions of the Act are binding on the officers of the City government, whether now in office or hereafter elected or appointed.
Statutory reference: Neb. RS 81‑829.36 – 81-829.75.
CHAPTER 16
Article.
1. General Provisions.
2. Administration and Enforcement.
3. Retirement System.
4. Penalty.
ARTICLE 1
GENERAL PROVISIONS
Section.
16-101. Operation.
16-102. Membership.
16-103. Records of department.
16-104. Equipment of department.
16-101. Operation.
The City may operate a City Fire Department through the Fire Chief and firefighters.
Statutory reference: Neb. RS 16‑222.
16-102. Membership.
(1) The Fire Chief shall appoint no more than 25 members for each Fire Department Company subject to the review and approval of the Council. All vacancies shall be filled in this manner.
(2) Said members shall be considered to be employees of the City for the purpose of providing them with workers' compensation and other benefits.
(3) Each member shall be entitled to a term life insurance policy in the amount of at least $10,000 dollars for death from any cause to age 65, and such policy shall, at the option of the individual firefighter at his or her sole expense, be convertible to a permanent form of life insurance at age 65, provided that the firefighters covered are actively and faithfully performing the duties of their position.
(4) The Fire Department shall consist of so many members as may be decided by the Council. The members may organize themselves in any way they may decide, subject to the review of the Council. They may hold meetings and engage in social activities with the approval of the Council. The Secretary shall, upon request, keep a record of all meetings and shall make a report to the Council of all meetings and activities of the Fire Department.
(5) The Council may, for services rendered, compensate or reward any member or members of the Fire Department in an amount set by resolution.
(6) All members of the Fire Department shall be subject to such rules and regulations and shall perform such duties as may be prescribed or required of them by the Fire Chief or the Council.
(7) The members of the Fire Department shall, during the time of a fire or great public danger, have and exercise the powers and duties of police officers and shall have full power and authority to arrest all persons guilty of any violation of the municipal code, or the laws of the state.
Statutory reference: Neb. RS 35‑101 – 35‑103, 35‑108.
16-103. Records of department.
(1) The Fire Chief shall keep or cause to be kept a record of all meetings of the Fire Department, the attendance record of all members, and a record of all fires, and shall make a full report of such records to the City Clerk during the last week in April each year.
(2) The record of any fire shall include the cause, origin, circumstances, property involved, and whether criminal conduct may have been involved. In the event of sizable property damage, he or she shall include the information of whether such losses were covered by insurance, and if so, in what amount.
(3) All records shall be available to the public at any reasonable time.
Statutory reference: Neb. RS 81‑506.
16-104. Equipment of department.
The Fire Chief shall have the custody of all apparatus and property used in fire protection either belonging to or used by the City. He or she shall have the authority to direct how it shall be cared for and shall be responsible for its safe and proper keeping. It shall be the duty of the Fire Chief to inform the Council when any of the fire engines, hose, ladders, or other apparatus requires repair or replacement.
ARTICLE 2
ADMINISTRATION AND ENFORCEMENT
Section
16-201. Fires outside corporate limits.
16-202. Inspections.
16-203. Violation procedure.
16-204. Arrest powers.
16-205. Fire investigations.
16-201. Fires outside corporate limits.
The volunteer firefighters shall be considered as acting in the performance and within the scope of their official duties in fighting fires or saving property or life outside the corporate limits when directed to do so by the Chief of the Fire Department or some other person authorized to act for the Fire Chief, provided that no fire equipment shall be taken beyond the corporate limits unless, by resolution of the Council at a regular or special meeting prior thereto, it shall be determined and resolved what fire equipment shall be permitted to leave the corporate limits for the purpose of extinguishing distant fires. The City deems it necessary, expedient, and in the interest of public safety for certain personnel to go beyond the corporate limits to fight fires and thereby save lives and property.
16-202. Inspections.
It shall be the duty of the Fire Chief, Assistant Fire Chief, or Building Inspector, when directed to do so by the Council, to inspect or cause to be inspected by Fire Department officers, members, or some other official as often as may be necessary, all buildings, premises, and public thoroughfares, except the interiors of private dwellings, for the purpose of ascertaining and causing to be corrected any conditions liable to create a fire hazard. The inspection shall be of the storage, sale, and use of flammable liquids, combustibles, and explosives; electric wiring and heating; the means and adequacy of exits, in case of fire in schools, churches, hotels, halls, theaters, factories, hospitals, and all other buildings in which numbers of persons congregate from time to time for any purpose whether publicly or privately owned; the design, construction, location, installation, and operation of equipment for storing, handling, and utilizing of liquefied petroleum gases, specifying the odorization of said gases and the degree thereof; and chemicals, prozylin plastics, nitrocellulose films, or any other hazardous material that may now or hereafter exist.
Statutory reference: Neb. RS 81‑512
16-203. Violation procedure.
(1) Upon the finding that the municipal code has been violated, the Fire Chief, Assistant Fire Chief, or Building Inspector shall notify or cause to be notified the owner, occupant, or manager of the premises where a violation has occurred.
(2) Notice may be made personally or by delivering a copy to the premises and affixing it to the door of the main entrance of the said premises. Whenever it may be necessary to serve such an order upon the owner, such order may be served personally, or by mailing a copy to the owner's last known post office address if the owner is absent from the jurisdiction.
(3) Any such order shall be immediately complied with by the owner, occupant, or manager of the premises or building. The owner, occupant, or manager may, within five days after such order by the Chief of the Fire Department or his or her agent, appeal the order with the Council requesting a review and it shall be the duty of the Council to hear the same within not less than five days nor more than ten days from the time when the request was filed in writing with the City Manager.
(4) The Council shall then affirm, modify, or rescind the said order as safety and justice may require and the decision shall then be final, subject only to any remedy which the aggrieved person may have at law or equity. The said order shall be modified or rescinded only where it is evident that reasonable safety exists and that conditions necessitate a variance due to the probable hardship in complying literally with the order of the Fire Chief, Assistant Fire Chief, or Building Inspector.
(5) A copy of any decision so made shall be sent to both the Fire Chief and the owner, occupant, or manager making the appeal.
16-204. Arrest powers.
The Fire Chief or the Assistant Fire Chief shall have the power, during the time of a fire and for a period of 36 hours after its extinguishment, to arrest any suspected arsonist or other person hindering or resisting the firefighting effort or any person who conducts himself or herself in a noisy or disorderly manner. The said officials shall be severally vested with the usual powers and authority of City police officers to command all persons to assist them in the performance of their duties.
Statutory reference: Neb. RS 28‑908.
16-205. Fire investigations.
It shall be the duty of the Fire Department to investigate or cause to be investigated the cause, origin, and circumstances of every fire occurring in the City in which property has been destroyed or damaged. All fires of unknown origin shall be reported, and such officers shall especially make an investigation and report as to whether such fire was the result of carelessness, accident, or design. Such investigation shall be begun within two days of the occurrence of such fire and the State Fire Marshall shall have the right to supervise and direct the investigation whenever he or she deems it expedient or necessary. The officer making the investigation of fires occurring within the City shall immediately notify the State Fire Marshall and shall, within one week of the occurrence of the fire, furnish him or her with a written statement of all the facts relating to the cause and origin of the fire, and such further information as he or she may require.
Statutory reference: Neb. RS 81‑506.
ARTICLE 3
RETIREMENT SYSTEM
Section.
16-301. Adoption by reference.
16-302. Retirement Committee.
16-301. Adoption by reference.
The firefighter’s retirement system is hereby adopted by reference as if set out full herein. A copy of the retirement system may be found on file in the office of the City Clerk.
16-302. Retirement Committee.
A Firefirefighter’s Retirement Committee shall be established pursuant to State Statute to supervise the general operation of the retirement system.
Statutory reference: Neb Res. 16-1020 et seq.
ARTICLE 4
PENALTY
Section.
16-401. Penalty.
16-401. Penalty.
(1) Penalty amounts. Any person who violates any of the prohibitions or provisions of any section of this chapter shall be deemed guilty of a misdemeanor. Unless otherwise specified in this chapter or by statute, the penalty for such violation shall be in any amount not to exceed $1,000, in the discretion of the court; and; provided, whenever any section of this chapter shall declare a nuisance, a violation of that section shall be penalized by a fine of not more than $1,000, in which case a new violation shall be deemed to have been committed every 24 hours of such failure to comply.
(2) Abatement of nuisance.
(a) Whenever a nuisance exists as defined in this chapter, the City may proceed by a suit in equity to enjoin and abate the same, in the manner provided by law.
(b) Whenever in any action it is established that a nuisance exits, the court may, together with the fine or penalty imposed, enter an order of abatement as a part of the judgment in the case.
(3) Restitution. The court may, together with the fine or penalty imposed, enter an order of restitution as part of the judgment in the case.
Statutory reference: Neb. RS 16‑225, 16‑240, 16‑246, 18‑1720.
CHAPTER 17
FIRE PROTECTION AND PREVENTION
Article.
1. General Provisions.
2. Fire Prevention.
3. Penalty.
ARTICLE 1
GENERAL PROVISIONS
Section.
17-101. Preservation of property.
17-102. Disorderly conduct.
17-103. Interference with fire equipment.
17-104. Obstruction of fire hydrants.
17-105. False alarms.
17-106. Pedestrians.
17-101. Preservation of property.
The Fire Chief, or any officer in charge of the Fire Department, shall have the authority and power to cause the removal of property whenever it shall become necessary for the preservation of more valuable property, the protection of human life, or to prevent the spreading of fire to adjoining property. The Fire Chief may direct the City firefighters to remove any building, structure, or fence for the purpose of checking the progress of any fire. The Fire Chief shall have the authority to blow up or cause to be blown up with explosives any building or structure during the progress of a fire for the purpose of checking the progress of the same.
Statutory reference: Neb. RS 16‑222, 16‑246
17-102. Disorderly conduct.
It shall be unlawful for any person during the time of a fire and for a period of 36 hours after its extinguishment to hinder, resist, or refuse to obey the Fire Chief, or to act in a noisy or disorderly manner at the location of the fire. The Fire Chief and Assistant Fire Chief shall have the power and authority during such time to arrest or command any such person to assist them in the performance of their official duties.
Statutory reference: Neb. RS 28‑908.
17-103. Interference with fire equipment.
It shall be unlawful for any person except the Fire Chief and the members of the Fire Department to destroy, handle, or in any way interfere with the use and storage of any of the fire trucks and other apparatus belonging to the City.
Statutory reference: Neb. RS 28‑908.
17-104. Obstruction of fire hydrants.
It shall be unlawful for any person to obstruct the use of a fire hydrant, or have or place any material within 15 feet of the hydrant. Any vehicle or material found as an obstruction may be immediately removed by law enforcement at the risk, cost, and expense of the owner or claimant.
Statutory reference: Neb. RS 60‑6,166.
17-105. False alarms.
It shall be unlawful for any person intentionally and without good and reasonable cause to raise any false alarm of fire.
17-106. Pedestrians.
It shall be unlawful for any pedestrian to enter or remain in any street after a fire alarm shall have sounded until the fire trucks shall have completely passed.
Statutory reference: Neb. RS 28‑908.
ARTICLE 2
FIRE PREVENTION
Section.
17-201. Adoption of Life Safety Code.
17-202. Enforcement of fire code.
17-203. Oil burning; homemade stoves.
17-204. Open burning.
17-201. Adoption of Life Safety Code.
(1) Incorporated by reference into this code are the standards recommended by the National Fire Protection Association known as the Life Safety Code, No.101, 2000 Edition. This code shall have the same force and effect as if set out verbatim herein, provided, however, that such code may be hereafter deleted, modified, or amended by ordinance. The Fire Department may supplement the code with additional and associated pamphlets also recommended by the National Fire Prevention Association and the Life Safety Code and said modifications, additions, and deletions are hereby approved and adopted as the standard of efficiency of the most approved methods of fire prevention with respect to the subjects therein contained and are incorporated and made a part of this subchapter.
(2) In construing the subject matter incorporated by reference herein, it is the intention of the Council that if any part of said subject matter shall conflict so that it cannot be reconciled with another ordinance or section of the municipal code, the provision which legislates directly and specifically upon the precise matter in question shall prevail.
(3) The Council hereby directs that the Fire Department and Planning and Zoning Administrator shall proceed to administer and enforce the provisions of said subject matter incorporated by reference and that complaints shall be made, warrants issued, and trials had in court for the violation of said provisions, if any, without further or additional publication, posting, or promulgation thereof. One copy of the current edition of the Life Safety Code and any additional and associated pamphlets used by the Fire Department or Planning and Zoning Administrator shall be kept on file in the office of the City Clerk and shall be available for public inspection at any reasonable time.
Statutory reference: Neb. RS 18‑132, 81‑502, 19‑901 – 19‑933
17-202. Enforcement of fire code.
It shall be the duty of all City officials to enforce the incorporated fire code provisions and all infractions shall be immediately brought to the attention of the Fire Chief.
17-203. Oil burning; homemade stoves.
It shall be unlawful for any person to permit or allow to be burned crank case drainings or to burn oil or any other flammable substance in a homemade stove.
17-204. Open Burning.
It shall be unlawful for any person, firm, or corporation to burn any garbage, hazardous waste, junk, litter, refuse, rubbish, solid waste or waste on any lot, tract of land, street, or alley within the corporate limits, except as otherwise provided in this section.
(1) This section shall not be construed to prohibit:
(a) Fire set in performance of any official duty of any public officer if the fire is necessary for one or more of the following reasons or purposes:
(i) For the prevention of a fire hazard which cannot be abated by any other means.
(ii) For the instruction of public firefighters or industrial employees under supervision of the Fire Department.
(iii) For the protection of the public health and welfare.
(b) The open burning of leaves, grass, weeds and thistles if done pursuant to a permit issued by the Fire Chief.
The prohibition of burning within the corporate limits of the City set forth in this section shall not apply to businesses and industries which burn their garbage, hazardous waste, junk, litter, refuse, rubbish, solid waste or waste in incinerators of a type approved by the Nebraska Department of Environmental Quality. The incinerator must not be installed or used until a permit has been obtained from the Nebraska Department of Environmental Quality and a copy of said permit has been filed with the City Clerk.
Statutory Reference: Neb RS 81-520.01
ARTICLE 3
PENALTY
Section.
17-301. Penalty.
17-301. Penalty.
(1) Penalty amounts. Any person who violates any of the prohibitions or provisions of any section of this chapter shall be deemed guilty of a misdemeanor. Unless otherwise specified in this chapter or by statute, the penalty for such violation shall be in any amount not to exceed $1,000, in the discretion of the court; and; provided, whenever any section of this chapter shall declare a nuisance, a violation of that section shall be penalized by a fine of not more than $1,000, in which case a new violation shall be deemed to have been committed every 24 hours of such failure to comply.
(2) Abatement of nuisance.
(a) Whenever a nuisance exists as defined in this chapter, the City may proceed by a suit in equity to enjoin and abate the same, in the manner provided by law.
(b) Whenever in any action it is established that a nuisance exits, the court may, together with the fine or penalty imposed, enter an order of abatement as a part of the judgment in the case.
(3) Restitution. The court may, together with the fine or penalty imposed, enter an order of restitution as part of the judgment in the case.
Statutory reference: Neb. RS 16‑225, 16‑240, 16‑246, 18‑1720.
CHAPTER 18
Article.
1. General Provisions.
2. Penalty.
ARTICLE 1
GENERAL PROVISIONS
Section.
18-101. Definitions.
18-102. Discharge of fireworks; permits.
18-103. Fireworks vendors.
18-101. Definitions.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) Fireworks shall mean any composition or device designed for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation and which meets the definition of “common or special fireworks” set forth by the United States Department of Transportation in 49 CFR.
Statutory Reference: Neb. RS 28‑1241
18-102. Discharge of fireworks; permits.
(1) Lawful fireworks.
(a) It shall be unlawful for any person to 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 charge for the purpose of making a noise, lady fingers, not to exceed seven‑eighths of an inch in length or one‑eighth inch in diameter, total explosive composition not to exceed 50 milligrams in weight, color wheels, and any other fireworks approved under section 28-1247.
(b) The provisions of this section shall not apply to any fireworks to be used for the purpose of public exhibitions or display under authorization of the governing body or to fireworks furnished for agricultural purposes pursuant to written authorization from the State Fire Marshal.
(2) Discharge of fireworks.
(a)(i) A person commits the offense of discharging fireworks if he or she discharges fireworks except during the period beginning at 8:00 a.m. on June 25 and ending July 4 at 11:59 p.m. of each year. Fireworks can be discharged only during said period of time between the hours of 8:00 a.m. and 10:00 p.m. on June 25 through and including July 3, and between the hours of 8:00 a.m. and 11:59 p.m. on July 4.
(ii) However, a person may discharge fireworks at times other than those times designated herein upon obtaining a permit to do so, which permit may be issued if approved by the City Council upon application.
(b) It shall further be unlawful to discharge fireworks within 300 feet of a fireworks stand, gasoline station, or any commercial area where flammable materials are stored, or in or on any public park.
Statutory reference: Neb. RS 17‑556, 28‑1241(7), 28‑1244, 28‑1245
18-103. Fireworks vendors.
(1) It shall be unlawful for any person to sell or offer to sell at retail within the City any fireworks as the same are defined and permitted under the statutes of the state without having first secured a permit from the Planning and Zoning Administrator.
(2) Any person making application for a permit required by this section shall:
(a) File satisfactory proof with the Zoning Inspector that such person has been a resident of, or doing business in, the City for at least six months prior to the date of making such application.
(b) If a for‑profit operation, pay to the City Clerk the sum of $200, which sum shall be retained by the City as a permit fee.
(c) If a not‑for‑profit operation with the appropriate IRS designation, pay to the City Clerk the sum of $1, which shall be retained by the City Clerk as a permit fee.
(d) File with the Zoning Inspector a written statement giving the location of the retail outlet. All outlets shall be located on commercial property in accordance with Chapter 153 of the municipal code.
(e) File with the Zoning Inspector all applications for permits by June 15 of the year for which the applicant wishes the permit.
(f) Provide to the Fire Chief and Police Chief the manner of storage for their fireworks and the location of such storage place. The storage and/or retail place shall be constructed of wood or masonry. Such place must be capable of being secured.
(3) No person under the age of 21 years shall be granted a permit.
(4) A past record of violations may result in the denial of a permit. This determination is to be made by the City Manager or his or her designee.
(5) Permits, when issued by the Zoning Inspector, shall be valid beginning June 25 at 8:00 a.m. and ending July 4 at 11:59 p.m. of the year of issue, and shall not be transferable.
(6) Fireworks may be sold June 25 through July 3 during the hours of 8:00 a.m. to 10:00 p.m. Fireworks may be sold on July 4 during the hours of 8:00 a.m. to 11:59 p.m.
(7) Public exhibitions or displays of discharging fireworks may be conducted without a sales permit, but shall be conducted according to rules and regulations prescribed by the State Fire Marshal in cooperation with the Fire Chief. Where supervisors are required, the sponsor of such exhibition or display shall hire or engage the services of such supervisors, who shall be approved by the Fire Chief.
(8) Any licensed fireworks stand or firm engaged in the sale of fireworks shall have a person of 21 years or older in charge of the sale of fireworks and on the stand premises at all times.
(9) Any person in violation of this section of the municipal code is guilty of a misdemeanor, and shall be punished as provided in 18-201.
Historical reference: Ord. 1020, passed 8-8-95
ARTICLE 2
PENALTY
Section.
18-201. Penalty.
18-201. Penalty.
(1) Penalty amounts. Any person who violates any of the prohibitions or provisions of any section of this chapter shall be deemed guilty of a misdemeanor. Unless otherwise specified in this chapter or by statute, the penalty for such violation shall be in any amount not to exceed $1,000, in the discretion of the court; and; provided, whenever any section of this chapter shall declare a nuisance, a violation of that section shall be penalized by a fine of not more than $1,000, in which case a new violation shall be deemed to have been committed every 24 hours of such failure to comply.
(2) Abatement of nuisance.
(a) Whenever a nuisance exists as defined in this chapter, the City may proceed by a suit in equity to enjoin and abate the same, in the manner provided by law.
(b) Whenever in any action it is established that a nuisance exits, the court may, together with the fine or penalty imposed, enter an order of abatement as a part of the judgment in the case.
(3) Restitution. The court may, together with the fine or penalty imposed, enter an order of restitution as part of the judgment in the case.
Statutory reference: Neb. RS 16‑225, 16‑240, 16‑246, 18‑1720.
CHAPTER 19
Article.
1. General Provisions.
2. Miscellaneous Expenditures.
3. Penalty.
ARTICLE 1
GENERAL PROVISIONS
Section.
19-101. Financial statement.
19-102. Proposed budget statement; contents; availability; correction.
19-103. Budget hearing.
19-104. Budget filing.
19-105. Audit report.
19-106. Appropriations.
19-107. Expenditures.
19-108. Judgments against City.
19-109. Unlawful transfer of funds.
19-110. Lawful transfer of funds.
19-111. Insufficient funds.
19-112. Sinking funds.
19-113. Depositories.
19-114. Depository bond.
19-115. Depository securities.
19-116. Deposit maximums.
19-117. Investment of funds.
19-118. Claims and warrants.
19-101. Financial statement.
The President and Council shall cause to be published semiannually a statement of the receipts of the City and the sources thereof and an itemized account of the expenditures and the financial condition of the City.
Statutory reference: Neb. RS 16‑722
19.102. Proposed budget statement; contents; availability; correction.
(1) The Governing Body shall annually prepare a proposed budget statement on forms prescribed and furnished by the Auditor of Public Accounts. The proposed budget statement shall be made available to the public prior to publication of the notice of the hearing on the proposed budget statement. A proposed budget statement shall contain the following information, except as provided by state law:
(a) For the immediately preceding fiscal year, the revenue from all sources, including motor vehicle taxes, other than revenue received from personal and real property taxation, allocated to the funds and separately stated as to each such source: The unencumbered cash balance at the beginning and end of the year; the amount received by taxation of personal and real property; and the amount of actual expenditures.
(b) For the current fiscal year, actual and estimated revenue from all sources, including motor vehicle taxes, allocated to the funds and separately stated as to each such source: The actual unencumbered cash balance available at the beginning of the year; the amount received from personal and real property taxation; and the amount of actual and estimated expenditures, whichever is applicable. Such statement shall contain the cash reserve for each fiscal year and shall note whether or not such reserve is encumbered. Such cash reserve projections shall be based upon the actual experience of prior years. The cash reserve shall not exceed 50% of the total budget adopted exclusive of capital outlay items;
(c) For the immediately ensuing fiscal year, an estimate of revenue from all sources, including motor vehicle taxes, other than revenue to be received from taxation of personal and real property, separately stated as to each such source: The actual or estimated unencumbered cash balances, whichever is applicable, to be available at the beginning of the year; the amounts proposed to be expended during the year; and the amount of cash reserve, based on actual experience of prior years, which cash reserve shall not exceed 50% of the total budget adopted exclusive of capital outlay items;
(d) A statement setting out separately the amount sought to be raised from the levy of a tax on the taxable value of real property (i) for the purpose of paying the principal or interest on bonds issued by the Governing Body and (ii) for all other purposes;
(e) A uniform summary of the proposed budget statement, including each proprietary function fund included in a separate proprietary budget statement prepared pursuant to the Municipal Proprietary Function Act, and a grand total of all funds maintained by the Governing Body; and
(f) A list of the proprietary functions which are not included in the budget statement. Such proprietary functions shall have a separate budget statement which is approved by the Governing Body as provided in the Municipal Proprietary Function Act.
(2) The actual or estimated unencumbered cash balance required to be included in the budget statement by this section shall include deposits and investments of the municipality as well as any funds held by the County Treasurer for the municipality and shall be accurately stated on the proposed budget statement.
(3) The municipality shall correct any material errors in the budget statement detected by the Auditor of Public Accounts or by other sources.
Statutory reference: Neb. RS 13-504
(4) The estimated expenditures plus the required cash reserve for the ensuing fiscal year less all estimated and actual unencumbered balances at the beginning of the year and less the estimated income from all sources, including motor vehicle taxes, other than taxation of personal and real property shall equal the amount to be received from taxes, and such amount shall be shown on the proposed budget statement pursuant to this section. The amount to be raised from taxation of personal and real property, as determined above, plus the estimated revenue from other sources, including motor vehicle taxes, and the unencumbered balances shall equal the estimated expenditures, plus the necessary required cash reserve, for the ensuing year.
Statutory Reference: Neb. RS 13-505
19-103. Budget hearing.
(1) After the filing of the proposed budget statement with the City Clerk, the City Council shall each year conduct a public hearing on the proposed budget statement. Notice of the place and time of the hearing, together with a summary of the proposed budget statement, shall be published at least five days prior to the date set for the hearing in a newspaper of general circulation within the City.
(2) After the hearing, the proposed budget statement shall be adopted or amended and adopted as amended and a written record shall be kept of such hearing. The amount to be received from personal and real property taxation shall be certified to the levying board after the proposed budget statement is adopted or is amended and adopted as amended. The certification of the amount to be received from personal and real property taxation shall specify separately:
(a) The amount to be applied to the payment of principal or interest on bonds issued by the City Council, and
(b) The amount to be received for all other purposes.
(3) If the adopted budget statement reflects a change from that shown in the published proposed budget statement, a summary of such changes shall be published within 20 days after its adoption in the manner provided in this section, but without provision for hearing, setting forth the items changed and the reasons for such changes.
(4) When a levy increase has been authorized by vote of the electors, the adopted budget statement shall indicate the amount of the levy increase.
Statutory reference: Neb. RS 13‑506, 13‑507
19.104. Budget filing.
(1) After publication and hearing on the proposed budget statement and within the time prescribed by law, the City Council shall file with and certify to the levying board on or before September 20 of each year and file with the Auditor of Public Accounts a copy of the adopted budget statement, together with the amount of the tax required to fund the adopted budget, setting out separately:
(a) The amount to be levied for the payment of principal or interest on bonds issued by the City Council, and
(b) The amount to be levied for all other purposes. Proof of publication shall be attached to the statements.
(2) The City Council, in certifying the amount required, may make allowance for delinquent taxes not exceeding 5% of the amount required plus the actual percentage of delinquent taxes for the preceding tax year and for the amount of estimated tax loss from any pending or anticipated litigation which involves taxation and in which tax collections have been or can be withheld or escrowed by court order. For purposes of this section, anticipated litigation shall be limited to the anticipation of an action being filed by a taxpayer who or which filed a similar action for the preceding year which is still pending. Except for such allowances, the City Council shall not certify an amount of tax more than 1% greater or lesser than the amount determined in the proposed budget statement.
(3) The City Council may designate one of its members to perform any duty or responsibility required of such body by this section.
Statutory reference: Neb. RS 13‑508
19-105. Audit report.
(1) The Council shall cause an audit of the City accounts to be made by a qualified accountant as expeditiously as possible following the close of the fiscal year. Such audit shall be made on a cash or accrual method at the discretion of the Council. The said audit shall be completed and the annual audit report made not later than six months after the close of the fiscal year. The accountant making the audit shall submit not less than three copies of the audit report to the Council.
(2) All public utilities or other enterprises which substantially generate their own revenue shall be audited separately, and the results of such audits shall appear separately in the annual audit report, and such audits shall be on an accrual basis and shall contain statements and materials which conform to generally accepted accounting principles.
(3) The audit report shall set forth the financial position and results of financial operations for each fund or group of accounts of the City as well as an opinion by the accountant with respect to the financial statements.
(4) Two copies of the annual audit report shall be filed with the City Clerk, and shall become a part of the public records of the City Clerk's office, and will at all times thereafter be open for public inspection. One copy shall be filed with the Auditor of Public Accounts.
(5) The Council shall provide and file with the City Clerk, within the time frame specified by state statute, financial statements showing its actual and budgeted figures for the most recently completed fiscal year.
Statutory reference: Neb. RS 19‑2903 – 19‑2909
19-106. Appropriations.
The City shall adopt a budget statement pursuant to the Nebraska Budget Act, to be termed “The Annual Appropriation Bill”, in which are appropriated such sums of money as may be deemed necessary to defray all necessary expenses and liabilities of the City.
Statutory reference: Neb. RS 16‑704
19-107. Expenditures.
The Council shall not have the power to appropriate, issue, or draw any order or warrant on the City Treasurer for money unless the same has been appropriated or ordered by ordinance or the claim has been allowed and a fund has been provided in the adopted budget statement out of which such claim is payable.
Statutory reference: Neb. RS 16‑706, 16‑726 – 16‑729
19-108. Judgments against City.
Should any judgment be obtained against the City, the President, with the sanction of the City Council, may borrow a sufficient amount to pay the same for a period of time not to extend beyond the close of the next fiscal year. The Council shall then add to the amount authorized to be raised in the general tax levy the sum and interest accrued of the judgment.
Statutory reference: Neb. RS 16‑706
19-109. Unlawful transfer of funds.
Any transfer or division of the money or credits from any of the funds to another fund or to a purpose other than for which proposed, except as specifically provided is this chapter, shall render any Council Member voting therefore or any City official participating therein guilty of a misdemeanor.
Statutory reference: Neb. RS 16‑706
19-110. Lawful transfer of funds.
When the City Council, by a three‑fourths vote of the Members, declares the expenditures of any fund for the purpose for which it was created to be unwise and impracticable or where the purpose has been fully accomplished and the whole fund or an unexpended balance remains, and no indebtedness has been incurred on account of such fund which has not been fully paid, such fund may be transferred to any other fund of the City by the affirmative vote of three‑fourths of all the Members of the Council.
Statutory reference: Neb. RS 16‑721
19-111. Insufficient funds.
(1) The Council may, whenever during the current fiscal year it becomes apparent due to unforeseen emergencies that there is temporarily insufficient money in a particular fund to meet the requirements of the adopted budget of expenditures for that fund, by a majority vote transfer money from other funds to such fund.
(2) No expenditure during the fiscal year shall be made in excess of the amounts indicated in the adopted budget statement, except as authorized herein. If, as the result of unforeseen circumstances, the revenue of the current fiscal year shall be insufficient, the Council may propose to supplement the previously adopted budget statement and shall conduct a public hearing at which time any taxpayer may appear or file a written statement protesting the application for additional money. A written record shall be kept of all such hearings.
(3) Notice of a place and time for the hearing shall be published at least five days prior to the date set for the hearing in a newspaper of general circulation in the City. The published notice shall set forth the time and place of the proposed hearing, the amount of additional money required, the purpose of the required money, a statement setting forth the reasons why the adopted budget of expenditures cannot be reduced to meet the need for original money, and a copy of the summary of the originally adopted budget previously published.
(4) Upon the conclusion of the public hearing on the proposed supplemental budget and the approval of the Council, the Council shall file with the County Clerk and the Nebraska State Auditor a copy of the supplemental budget and shall certify the amount of additional tax to be levied. The Council may then issue warrants in payment for expenditures authorized by the adopted supplemental budget. The warrants shall be referred to as “registered warrants,” and shall be repaid during the next fiscal year from funds derived from taxes levied therefore.
Statutory reference: Neb. RS 13‑510, 13‑511
19-112. Sinking funds.
(1) The Council, subject to the limitations set forth herein, shall have the power to levy a tax not to exceed that prescribed by state law upon the assessed value of all taxable property within the City for a term not to exceed that prescribed by state law in addition to the amount of tax which may be annually levied for the purposes of the adopted budget statement of the City, for the purpose of establishing a sinking fund for the construction, purchase, improvement, extension, or repair of the approved uses as authorized by state law.
(2) To initiate the sinking fund, the Council shall declare its purpose by resolution to submit to the qualified electors of the City the proposition to provide the improvement at the next general City election. The resolution shall set forth the improvement, the estimated cost, the amount of the annual levy, the number of years required to provide the required revenue, the name of the sinking fund proposed, and the proposition as it will appear on the ballot.
(3) Notice of the proposition shall be published in its entirety three times on successive weeks before the day of the election in a legal newspaper of general circulation in the City. The sinking fund may be established after the election if a majority or more of the legal votes were in favor of the establishment of the fund.
(4) The Council may then proceed to establish the fund in conformity with the provisions of the proposition and applicable state law. The funds received by the City Treasurer shall, as they accumulate, be immediately invested with the written approval of the Council in the manner provided by state law. No sinking fund so established shall be used for any purpose or purposes contrary to the purpose as it appeared on the ballot unless the Council is authorized to do so by 60% of the qualified electors of the City voting at a general election favoring such a change in the use of the sinking fund.
Statutory reference: Neb. RS 19‑1301 – 19‑1304, 77‑2237 – 77‑2339
19-113. Depositories.
(1) The City Treasurer shall deposit, and at all times keep on deposit, for safekeeping, in banks or capital stock financial institutions of approved and responsible standing, all money collected, received, or held by him or her as City Treasurer. Such deposits shall be subject to all regulations imposed by law or adopted by the City Council for the receiving and holding thereof. The fact that a stockholder, director, or other officer of such bank or capital stock financial institution shall also be serving as Mayor, as a member of the City Council, or as any other officer of such City, shall not disqualify such bank or capital stock financial institution from acting as a depository for such City funds. The provisions of Neb. RS 77‑2366 shall apply to deposits in capital stock financial institutions.
Statutory reference: Neb. RS 16‑712, 21‑1316.01
19-114. Depository bond.
(1) For the security of the fund so deposited, the City Treasurer shall require each depository to give bond for the safekeeping and payment of such deposits and the accretions thereof, which bond shall run to the City and be approved by the Mayor. Such bond shall be conditioned that such a depository shall, at the end of every quarter, render to the Treasurer a statement in duplicate, showing the several daily balances, the amount of money of the City held by it during the quarter, the amount of the accretion thereto, and how credited. The bond shall also be conditioned that the depository shall generally do and perform whatever may be required by the provisions of this code and faithfully discharge the trust reposed in such depository. Such bond shall be as nearly as practicable in the form provided in Neb. RS 77‑2304. No person in any way connected with any depository as an officer or stockholder shall be accepted as a surety on any bond given by the depository of which he or she is an officer or stockholder. Such bond shall be deposited with the City Clerk. The provisions of Neb. RS 77‑2366 shall apply to deposits in capital stock financial institutions.
(2) The insurance afforded to depositors in banks or capital stock financial institutions through the Federal Deposit Insurance Corporation shall be deemed and construed to be a surety bond to the extent that the deposits are insured by such corporation. For deposits so insured, no other surety bond or other security shall be required.
Statutory reference: Neb. RS 16‑714, 77‑2362 ‑ 77‑2364
19-115. Depository securities.
In lieu of the bond required by this code, any bank or capital stock financial institution making application to become a depository may give security as provided in the Public Funds Deposit Security Act to the City Clerk. The penal sum of the bond shall be equal to or greater than the amount of the deposit in excess of that portion of the deposit insured by the Federal Deposit Insurance Corporation. The provisions of Neb. RS 77‑2366 shall apply to deposits in capital stock financial institutions.
Statutory reference: Neb. RS 16‑715, 77‑2364, 77‑2386 ‑ 77‑2397
19-116. Deposit maximums.
The Treasurer shall not have on deposit in any bank or capital stock financial institution at any time more than the amount insured by the Federal Deposit Insurance Corporation plus the maximum amount of the bond given by the bank or capital stock financial institution if the bank or capital stock financial institution gives a surety bond, nor in any bank or capital stock financial institution giving a personal bond, more than the amount insured by the Federal Deposit Insurance Corporation plus ½ of the amount of the bond of such bank or capital stock financial institution, and the amount so on deposit any time with any bank or capital stock financial institution shall not in either case exceed the amount insured by the Federal Deposit Insurance Corporation plus the paid‑up capital stock and surplus of such bank or capital stock financial institution. The City Treasurer shall not be liable for any loss sustained by reason of the failure of any such bonded depository whose bond has been duly approved by the Mayor as provided in this code or which has, in lieu of a surety bond, given security as provided in this code.
Statutory reference: Neb. RS 16‑716
19-117. Investment of funds.
(1) Whenever the City has accumulated a surplus of any fund in excess of its current needs or has accumulated a sinking fund for the payment of its bonds and the money in such sinking fund exceeds the amount necessary to pay the principal and interest of any such bonds which become due during the current year, the City Treasurer may, upon resolution of the President and Council authorizing the same, invest any such surplus in certificates of deposit, in time deposits, and in any securities in which the state investment officer is authorized by law and as provided in the authorized investment guidelines of the Nebraska Investment Council in effect on the date the investment is made. The certificates of deposit, time deposits, and securities purchased shall bear interest, and shall be secured as set forth herein; provided, that the penal sum of such bond or the sum of such pledge of assets shall be reduced in the amount of the time deposit or certificate of deposit insured by the Federal Deposit Insurance Corporation.
(2) (a) Whenever the City shall have accumulated a surplus in its general fund in excess of its current needs, or shall have accumulated a sinking fund for the payment of its bonds and the money in such sinking fund shall exceed the amount necessary to pay the principal and interest of any such bonds which become due during the current year, the President and Council are authorized to invest such surplus in its general fund in excess of current needs or such excess in its sinking funds in any securities in which the Board of Educational Lands and Funds of the state is authorized by law to invest the educational funds of the state, including bonds and debentures issued either singly or collectively by any of the 12 federal land banks, the 12 intermediate credit banks, or the 13 banks for cooperatives under the supervision of the Farm Credit Administration.
(b) When any warrant of the City shall have been presented for payment and the same is not paid for want of funds, the Treasurer shall, upon and under the direction of the President and Council, purchase and take up such registered warrant with the sinking funds in the hands of the Treasurer and hold such warrant for the benefit of the fund so invested until the same is paid in its order, as provided by law.
Statutory reference: Neb. RS 77‑2335, 77‑2341, 77‑2341(1)
19-118. Claims and warrants.
(1) All liquidated and unliquidated claims and accounts payable against the City shall be presented in writing; state the name and address of the claimant and the amount of the claim; and fully and accurately identify the items or services for which payment is claimed or the time, place, nature, and circumstances giving rise to the claim.
(2) As a condition precedent to maintaining an action for a claim, other than a tort claim as defined in Neb. RS 13‑903, the claimant shall file such claim within 90 days of the accrual of the claim in the office of the City Clerk.
(3) The City Clerk shall notify the claimant or his or her agent or attorney by letter mailed to the claimant's address within five days if the claim is disallowed by the City Council.
(4) No costs shall be recovered against the City in any action brought against it for any claim or for any claim allowed in part which has not been presented to the City Council to be audited, unless the recovery is for a greater sum than the amount allowed with the interest due.
Statutory reference: Neb. RS 16‑726
ARTICLE 2
MISCELLANEOUS EXPENDITURES
Section.
19-201. Definitions.
19-202. Additional expenditures; City Council; powers; procedures.
19-203. Expenditures; limitations; exception.
19-201. Definitions.
For purposes of this section, the following definitions shall apply:
(1) Elected and appointed officials and employees shall mean the elected and appointed officials and employees of the City of Ogallala;
(2) Public funds shall mean all money, including nontax money, used in the operation and functions of the City. For purposes of a lottery established under the Nebraska County and City Lottery Act, only those net proceeds which are actually received by the City from a licensed lottery operator shall be considered public funds, and public funds shall not include amounts awarded as prizes;
(3) Public meeting shall mean all regular, special, or called meetings, formal or informal, of any elected or appointed governing body, board, committee or commission for the purposes of briefing, discussion of public business, formation of tentative policy, or the taking of any action; and
(4) Volunteer shall mean a person who is not an elected or appointed official or an employee of the City and who, at the request or with the permission of the City, engages in activities related to the purposes or functions of the City or for its general benefit.
Statutory reference: Neb RS 13-503
19-202. Additional expenditures; City Council; powers; procedures.
In addition to other expenditures authorized by law, the City Council may approve:
(1)(a) The expenditure of public funds for the payment or reimbursement of actual and necessary expenses incurred by elected and appointed officials, employees, or volunteers at educational workshops, conferences, training programs, official functions, hearings, or meetings, whether incurred within or outside the boundaries of the City, if the City Council gave prior approval for participation or attendance at the event and for payment or reimbursement either by the formal adoption of a uniform policy or by a formal vote of the City Council. Authorized expenses may include:
(i) Registration costs, tuition costs, fees, or charges;
(ii) Mileage at the rate allowed by section 81-1176 or actual travel expense if travel is authorized by commercial or charter means; and
(iii) Meals and lodging at a rate not exceeding the applicable federal rate unless a fully itemized claim is submitted substantiating the costs actually incurred in excess of such rate and such additional expenses are expressly approved by the governing body.
(b) Authorized expenditures shall not include expenditures for meals of paid members of a governing body provided while such members are attending a public meeting of the governing body unless such meeting is a joint public meeting with one or more other governing bodies;
(2) The expenditure of public funds for:
(a) Nonalcoholic beverages provided to individuals attending public meetings of the governing body; and
(b) Nonalcoholic beverages and meals:
(i) Provided for any individuals while performing or immediately after performing relief, assistance, or support activities in emergency situations, including, but not limited to, tornado, severe storm, fire, or accident;
(ii) Provided for any volunteers during or immediately following their participation in any activity approved by the governing body, including, but not limited to, mowing parks, picking up litter, removing graffiti, or snow removal; or
(iii) Provided at one recognition dinner each year held for elected and appointed officials, employees, or volunteers of the local government. The maximum cost per person for such dinner shall be established by formal action of the governing body, but shall not exceed twenty-five dollars. An annual recognition dinner may be held separately for employees of each department or separately for volunteers, or any of them in combination, if authorized by the governing body; and
(3) The expenditure of public funds for plaques, certificates of achievement, or items of value awarded to elected or appointed officials, employees, or volunteers, including persons serving on local government boards or commissions. Before making any such expenditure, the governing body shall, by official action after a public hearing, establish a uniform policy which sets a dollar limit on the value of any plaque, certificate of achievement, or item of value to be awarded. Such policy, following its initial adoption, shall not be amended or altered more than once in any twelve-month period.
19-203. Expenditures; limitations; exception.
Nothing in this section shall authorize the expenditure of public funds to pay for any expenses incurred by a spouse of an elected or appointed official, employee, or volunteer unless the spouse is also an elected or appointed official, employee, or volunteer of the local government. Nothing in the act shall be construed to limit, restrict, or prohibit the City Council from making any expenditure authorized by statute, ordinance, resolution, or pursuant to any authority granted by law, either express or implied, except to the extent that such statute, ordinance, resolution, or other grant of authority by law, express or implied, may conflict with this chapter.
Statutory Reference: Neb RS 13-2201 et seq.
ARTICLE 3
PENALTY
Section.
19-301. Penalty.
19-301. Penalty.
(1) Penalty amounts. Any person who violates any of the prohibitions or provisions of any section of this chapter shall be deemed guilty of a misdemeanor. Unless otherwise specified in this chapter or by statute, the penalty for such violation shall be in any amount not to exceed $1,000, in the discretion of the court; and; provided, whenever any section of this chapter shall declare a nuisance, a violation of that section shall be penalized by a fine of not more than $1,000, in which case a new violation shall be deemed to have been committed every 24 hours of such failure to comply.
(2) Abatement of nuisance.
(a) Whenever a nuisance exists as defined in this chapter, the City may proceed by a suit in equity to enjoin and abate the same, in the manner provided by law.
(b) Whenever in any action it is established that a nuisance exits, the court may, together with the fine or penalty imposed, enter an order of abatement as a part of the judgment in the case.
Statutory reference: Neb. RS 16‑225, 16‑240, 16‑246, 18‑1720.
CHAPTER 20
Article.
1. General Provisions.
2. Flood hazard regulations.
3. Penalty.
ARTICLE 1
GENERAL PROVISIONS
Section.
20-101. Statutory authorization, findings of fact and purposes.
20-102. Findings of fact.
20-103. Statement of purpose.
20-104. Abrogation and greater restrictions.
20-105. Interpretation.
20-106. Conflicting ordinances/resolutions.
20-107. Warning and disclaimer of liability.
20-108. Definitions.
20-101. Statutory authorization, findings of fact and purposes.
The Legislature of the State of Nebraska has in Sections 31-1001 to 31-1022, R.R.S. 1943 assigned the responsibility to local governmental units to adopt floodplain management regulations designed to protect the public health, safety, and general welfare. Therefore, the City Council of Ogallala, Nebraska ordains as follows.
20-102. Findings of fact.
(1) Flood losses resulting from periodic inundation. The flood hazard areas of Ogallala, Nebraska, are subject to inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base all of which adversely affect the public health, safety and general welfare.
(2) General causes of flood losses. These flood losses are caused by:
(a) The cumulative effect of obstructions in floodplains causing increases in flood heights and velocities;
(b) The occupancy of flood hazard areas by uses vulnerable to floods or hazardous to others, which are inadequately elevated or otherwise unprotected from flood damages.
20-103. Statement of purpose.
It is the purpose of this chapter to promote the public health, safety, and general welfare and to minimize those losses described in 20-102(1) by applying the provisions of this chapter to:
(1) Restrict or prohibit uses which are dangerous to health, safety, or property in times of flooding or cause undue increases in flood heights or velocities;
(2) Require that uses vulnerable to floods, including public facilities which serve such uses, be provided with flood protection at the time of initial construction;
(3) Protect individuals from buying lands which are unsuited for intended purposes because of flood hazard; and
(4) Assure that eligibility is maintained for property owners in the community to purchase flood insurance in the National Flood Insurance Program.
20-104. Abrogation and greater restrictions.
It is not intended by this chapter to repeal, abrogate, or impair any existent easements, covenants, or deed restrictions. However, where this chapter imposes greater restrictions, the provision of this chapter shall prevail. All other ordinances/resolutions inconsistent with this chapter are hereby repealed to the extent of the inconsistency only.
20-105. Interpretation.
In their interpretation and application, the provisions of this chapter, shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal, of any other powers granted by state statutes.
20-106. Conflicting ordinances/resolutions.
This chapter shall take precedence over conflicting ordinances/resolutions or parts of ordinances/resolutions. The City Council may, from time to time, amend this chapter to reflect any and all changes in the National Flood Disaster Protection Act of 1973. The regulations of this chapter are in compliance with the National Flood Insurance Program Regulations as published in Title 44 of the Code of Federal Regulations and the 1983 Nebraska Floodplain Management Act.
20-107. Warning and disclaimer of liability.
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on engineering and scientific methods of study. Larger floods may occur on rare occasions or the flood height may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. This chapter does not imply that areas outside floodplain district boundaries or land uses permitted within such districts will be free from flooding or flood damage. This chapter shall not create liability on the part of the City or any officer or employee thereof for any flood damages that may result from reliance on this chapter or any administrative decision lawfully made thereunder.
20-108. Definitions.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this chapter its most reasonable application.
(1) Appurtenant structure shall mean a structure on the same parcel of property as the principal structure, the use of which is incidental to the use of the principal structure.
(2) Base Flood shall mean the flood having 1% chance of being equaled or exceeded in any given year.
(3) Basement shall mean any area of the building having its floor subgrade (below ground level) on all sides.
(4) Development shall mean any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations or storage of equipment or materials.
(5) Existing Mobile Home Park or Subdivision shall mean a mobile home park or subdivision for which the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is complete before the effective date of the floodplain management regulations adopted by a community.
(6) Expansion of Existing Mobile Home Park or Subdivision shall mean the preparation of additional sites by the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
(7) Flood shall mean a general and temporary condition of partial or complete inundation of normally dry land areas from either of the following:
(a) The overflow of inland or tidal waters; or
(b) The unusual and rapid accumulation of runoff of surface waters from any source.
(8) Flood Insurance Rate Map (FIRM) shall mean an official map of a community, on which the Administrator has delineated both the special flood hazard areas and the risk premium applicable to the community.
(9) Floodplain shall mean any land area susceptible to being inundated by water from any source (see flooding).
(10) Floodproofing shall mean any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
(11) Floodway shall mean the channel of the river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
(12) Historic Structure shall mean any structure that is:
(a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(c) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
(d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(i) By an approved state program as determined by the Secretary of the Interior; or
(ii) Directly by the Secretary of the Interior and states without approved programs.
(13) Lowest Floor shall mean the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance.
(14) Mobile home shall mean 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 section 71-4603; In addition, any mobile home moved into the zoning jurisdiction of the City after March 1, 2002 shall bear a label certifying that it was built to compliance with National Mobile Home Construction and Safety Standards, 24 CFR 3280 et seq., promulgated by the United States Department of Housing and Urban Development, or a modular housing unit as defined in Neb. RS 71-1557 bearing the seal of the Department of Health.
(15) Mobile Home Park or Subdivision shall mean a parcel or contiguous parcels of land which have been so designated and improved that it contains two or more mobile home lots available to the general public for the placement thereon of mobile homes for occupancy; provided, however, that any mobile home park that has not previously been licensed and permitted as a special exception by the City, prior to January 1, 2001, shall contain ten or more mobile home lots available to the general public for the placement thereon of mobile homes for occupancy. The term mobile home park shall not be construed to include mobile homes, buildings, tents, and other structures temporarily maintained by any individual, corporation, company, or other entity on its own premises and used exclusively to house its own labor force.
(16) New Construction shall mean, for floodplain management purposes, structures for which the start of construction commenced on or after the effective date of the floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.
(17) New Mobile Home Park or Subdivision shall mean a mobile home park or subdivision for which the construction of facilities for servicing the lots on which the mobile homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.
(18) 100-Year Flood shall mean the condition of flooding having a 1% chance of annual occurrence.
(19) Principally Above Ground shall mean at least 51% of the actual cash value of the structure is above ground.
(20) Recreational Vehicle shall mean a vehicle which is:
(a) Built on a single chassis;
(b) Four hundred square feet or less when measured at the largest horizontal projection;
(c) Designed to be self-propelled or permanently towable by a light duty truck; and
(d) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
(21) Regulatory Flood Elevation shall mean the water surface elevation of the 100-year flood.
(22) Special Flood Hazard Area shall mean the land in the floodplain within a community subject to 1% or greater chance of flooding in any given year.
(23) Start of Construction [For other than new construction or substantial improvements under the coastal Barrier Resources Act (Pub. L. 97-348)] shall include substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a mobile home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not the alteration affects the external dimensions of the building.
(24) Structure shall mean a walled and roofed building that is principally above ground, as well as a mobile home, and a gas or liquid storage tank that is principally above ground.
(25) Substantial Damage shall mean damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
(26) Substantial Improvement shall mean any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before start of construction of the improvement. This includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
(a) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
(b) Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.
(27) Variance shall mean a grant of relief to a person from the terms of a floodplain management ordinance.
(28) Violation shall mean the failure of a structure or other development to be fully compliant with the community's floodplain management regulations.
ARTICLE 2
FLOOD HAZARD REGULATIONS
Section.
20-201. Local administrator responsibilities.
20-202. Local administrator additional responsibilities.
20-203. Designation of current FHMB/FIRM.
20-204. Permits required.
20-205. Development permit applications review.
20-206. All applications review.
20-207. Subdivision applications.
20-208. Water and sewage systems.
20-209. Construction of appurtenant structure.
20-210. Storage of material and equipment.
20-211. Carrying capacity within any watercourse.
20-212. Variance procedures.
20-213. Appeal.
20-214. Non-conforming use.
20-201. Local administrator responsibilities.
The Building Inspector hereby has these added responsibilities and is authorized and directed to enforce all of the provisions of this chapter and all other ordinances or resolutions of the City now in force or hereafter adopted, related to zoning, subdivision, or building codes.
20-202. Local administrator additional responsibilities.
The Building Inspector shall be appointed to these additional responsibilities by resolution of the City Council and his/her appointment shall continue during good behavior and satisfactory service. During temporary absence or disability of the Building Inspector, the City Council shall designate an acting administrator.
20-203. Designation of current FHMB/FIRM.
The City Council hereby designates the current Flood Hazard Boundary Map/Flood Insurance Rate Map and any revisions thereto, as the official map dated September 30, 2005 to be used in determining those areas of special flood hazard.
20-204. Permits required.
No person, firm, or corporation shall initiate any floodplain development or substantial improvement or cause the same to be done without first obtaining a separate permit for development as defined in this chapter.
(1) Separate permits. Within special flood hazard areas on the official map, separate floodplain development permits are required for all new construction, substantial improvements and other developments, including the placement of mobile homes;
(2) Application. To obtain a floodplain development permit, the applicant shall first file an application therefore, in writing on a form furnished for that purpose. Every such application shall:
(a) Identify and describe the development to be covered by the floodplain development permit for which application is made;
(b) Describe the land on which the proposed development is to be done by lot, block, tract, and house and street address, or similar description that will readily identify and definitely locate the proposed building or development;
(c) Indicate the use or occupancy for which the proposed development is intended;
(d) Be accompanied by plans and specifications for proposed construction;
(e) Be signed by the permittee or his authorized agent who may be required to submit evidence to indicate such authority.
(f) Within designated floodplain areas, be accompanied by elevations of the lowest floor, including basement, or in the case of floodproofed nonresidential structures, the elevation to which it shall be floodproofed. Documentation or certification of such elevations will be maintained by the Building Inspector; and
(g) Give such other information as reasonably may be required by the Building Inspector (such as, a statement from the applicant that they are aware that elevating or floodproofing structures above the minimum levels will result in premium reduction, especially in the case of non-residential floodproofing when a minus one foot penalty is assessed at the time of rating the structure for the policy premium.)
20-205. Development permit applications review.
The Building Inspector shall review all development permit applications to determine if the site of the proposed development is reasonably safe from flooding and that all necessary permits have been received as required by federal or state law.
20-206. All applications review.
The Building Inspector, in reviewing all applications for new construction, substantial improvements, prefabricated buildings, placement of mobile homes and other developments will:
(1) Obtain, review, and reasonably utilize, if available, any regulatory flood elevation data and floodway data available from federal, state or other sources, until such other data is provided by the Federal Insurance Administration in a Flood Insurance Study; and require within special flood hazard areas on the official map that the following performance standards be met:
(a) Until a floodway has been designated. No development or substantial improvement may be permitted within the identified floodplain unless the applicant has demonstrated that the proposed development or substantial improvement, when combined with all other existing and reasonably anticipated developments or substantial improvements, will not increase the water surface elevation of the 100-year flood more than one foot at any location;
(b) Residential construction. New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, elevated at least one foot above the base flood elevation;
(c) Non-residential Construction. New construction or substantial improvement of any commercial, industrial, or other non-residential structure shall either have the lowest floor, including basement, elevated at least one foot above the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below such a level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the local administrator; and
(d) Require for all new construction and substantial improvements. That fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
(2) Require the use of construction materials that are resistant to flood damage;
(3) Require the use of construction methods and practices that will minimize flood damage;
(4) Require that new structures be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy;
(5) New structures be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;
(6) Assure that all mobile homes shall be anchored to resist flotation, collapse, or lateral movement. Mobile homes must be anchored in accordance with state laws, local building codes, and FEMA guidelines. In the event that over-the-top frame ties to ground anchors are used, the following specific requirements (or their equivalent) shall be met:
(a) Over-the-top ties be provided at each of the four corners of the mobile home with two additional ties per side at the intermediate locations and mobile homes less than 50 feet long requiring one additional tie per side;
(b) Frame ties be provided at each corner of the home with five additional ties per side at intermediate points and mobile homes less than 50 feet long requiring four additional ties per side;
(c) All components of the anchoring system be capable of carrying a force of 4,800 pounds; and
(d) Any additions to mobile homes be similarly anchored;
(7) Assure that all mobile homes that are placed or substantially improved within special flood hazard areas on the community's official map on sites:
(a) Outside of a mobile home park or subdivision;
(b) In a new mobile home park or subdivision;
(c) In an expansion to an existing mobile home park or subdivision; or
(d) In an existing mobile home park or subdivision on which a mobile home has incurred "substantial damage" as the result of a flood, be elevated on a permanent foundation such that the lowest floor of the mobile home is elevated at least one foot above the base hood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of division (6);
(8) Assure that mobile homes to be placed or substantially improved on sites in an existing mobile home park or subdivision within special flood hazard areas on the community's official map that are not subject to the provisions of division (7) be elevated so that either:
(a) The lowest floor of the mobile home is at least one foot above the base flood elevation; or
(b) The mobile home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system in accordance with the provisions of division (6).
(9) Require that recreational vehicles placed on sites within the identified special flood hazard areas on the community's official map either:
(a) Be on the site for fewer than 180 consecutive days;
(b) Be fully licensed and ready for highway use; or
(c) Meet the permit requirements and the elevation and anchoring requirements for "mobile homes" of this chapter. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.
20-207. Subdivision applications.
The City Council shall review all subdivision applications and other proposed new developments (including mobile home parks or subdivisions) and shall make findings of fact and assure that:
(1) All such proposed developments are consistent with the need to minimize flood damage;
(2) Subdivision proposals and other proposed new developments (including proposals for mobile home parks and subdivisions), greater than five acres or 50 lots, whichever is lesser, include within such proposals regulatory flood elevation data in special flood hazard areas;
(3) Adequate drainage is provided so as to reduce exposure to flood hazards; and
(4) All public utilities and facilities are located so as to minimize or eliminate flood damage.
20-208. Water and sewage systems.
New and replacement water and sewage systems shall be constructed to eliminate or minimize infiltration by, or discharge into floodwaters. Moreover, on-site waste disposal systems will be designed to avoid impairment or contamination during flooding.
20-209. Construction of appurtenant structure.
Appurtenant structures used exclusively for storage of motor vehicles and storage of other items readily removable in the event of a flood warning may have their lowest floor below one foot above the base flood elevation provided the structure is capable of withstanding hydrostatic and hydrodynamic forces caused by the base flood and provided that no utilities are installed in the structure except elevated or flood proofed electrical fixtures. If the structure is converted to another use, it must be brought into full compliance with the minimum standards governing such use.
20-210. Storage of material and equipment.
The storage or processing of materials that are in time of flooding buoyant, flammable, explosive, or could be injurious to human, animal, or plant life is prohibited. Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning.
20-211. Carrying capacity within any watercourse.
The City Council will ensure that the flood-carrying capacity within the altered or relocated portion of any watercourse is maintained. The City will notify, in riverine situations, adjacent communities and the State Coordinating Office (Nebraska Natural Resources Commission) prior to any alteration or relocation of a watercourse, and submit copies of such notifications to the Federal Emergency Management Agency. Moreover, the City will work with appropriate state and federal agencies in every way possible in complying with the National Flood Insurance Program in accordance with the National Disaster Protection Act of 1973.
20-212. Variance procedures.
(1) City Council to decide.
(a) The City Council as established by the City shall hear and decide appeals and requests for variances from the requirements of this chapter.
(b) The City Council shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the Building Inspector in the enforcement or administration of this chapter.
(2) Appeal of Council decision. Any person aggrieved by the decision of the City Council or any taxpayer may appeal such decision to the District Court as provided in Section 23-168, R.R.S. 1943 (for counties); 19-912, R.R.S.1943 (for municipalities).
(3) Factors. In passing upon such applications, the City Council shall consider all technical evaluation, all relevant factors, standards specified in other sections of this chapter, and:
(a) The danger that materials may be swept onto other lands to the injury of others;
(b) The danger to life and property due to flooding or erosion damage;
(c) The susceptibility of proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(d) The importance of the services provided by the proposed facility to the community;
(e) The necessity to the facility of a waterfront location, where applicable;
(f) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
(g) The compatibility of the proposed use with existing and anticipated development;
(h) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
(i) The safety of access to the property in times of flood for ordinary and emergency vehicles;
(j) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and
(k) The costs of providing governmental, services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
(4) Conditions for Variances.
(a) Generally variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing divisions (4)(b) through (e) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.
(b) Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
(c) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
(d) Variances shall only be issued upon the following:
(i) A showing of good and sufficient cause;
(ii) A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
(iii) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances/resolutions.
(e) The applicant shall be given a written notice over the signature of a community official that
(i) The issuance of a variance to construct a structure below base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100,000 of insurance coverage; and
(ii) Such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions as required by this chapter.
20-213. Appeal.
Where a request for a permit to develop or a variance is denied by the Building Inspector the applicant may apply for such permit or variance directly to the Board of Appeals.
20-214. Non-conforming use.
(1) A structure or the use of a structure or premises which was lawful before the passage or amendment of the chapter, but which is not in conformity with the provisions of this chapter may be continued subject to the following conditions:
(a) If such use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this chapter. The Utility Department shall notify the Building Inspector in writing of instances of non-conforming uses where utility services have been discontinued for a period of 12 months; or
(b) Uses or adjuncts thereof which are or become nuisances shall not be entitled to continue as non-conforming uses.
(2) If any non-conforming use or structure is destroyed by any means, including flood, it shall not be reconstructed if the cost is more than 50% of the market value of the structure before the damage occurred except that if it is reconstructed in conformity with the provisions of this chapter. This limitation does not include the cost of any alteration to comply with existing state or local health, sanitary, building, or safety codes or regulations or the cost of any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
ARTICLE 3
PENALTY
Section.
20-301. Penalty.
20-301. Penalty.
(1) Penalty amounts. Any person who violates any of the prohibitions or provisions of any section of this chapter shall be deemed guilty of a misdemeanor. Unless otherwise specified in this chapter or by statute, the penalty for such violation shall be in any amount not to exceed $1,000, in the discretion of the court; and; provided, whenever any section of this chapter shall declare a nuisance, a violation of that section shall be penalized by a fine of not more than $1,000, in which case a new violation shall be deemed to have been committed every 24 hours of such failure to comply.
(2) Abatement of nuisance.
(a) Whenever a nuisance exists as defined in this chapter, the City may proceed by a suit in equity to enjoin and abate the same, in the manner provided by law.
(b) Whenever in any action it is established that a nuisance exits, the court may, together with the fine or penalty imposed, enter an order of abatement as a part of the judgment in the case.
(3) Restitution. The court may, together with the fine or penalty imposed, enter an order of restitution as part of the judgment in the case.
Statutory reference: Neb. RS 16‑225, 16‑240, 16‑246, 18‑1720.
CHAPTER 21
Article.
1. Charter Communications.
2. Kinder Morgan, Inc.
3. Nebraska Public Power District.
4. Qwest Communications.
ARTICLE 1
CHARTER COMMUNICATIONS
Section.
21-101. Grant of franchise.
21-101. Grant of franchise.
Granting to Charter Communications Company the authority to maintain and operate a television station and transmitting system in the city.
Statutory authority: Neb. RS 2201 et seq.
Historical reference: Ord. 921, passed 1-10-89; Res. 931, passed 1-12-99; and, Res. 963, passed 12-28-99.
ARTICLE 2
KINDER MORGAN, INC.
Section.
21-201. Grant of franchise.
21-201. Grant of franchise.
Granting to Kinder Morgan, Inc., the authority to construct, maintain, and operate a gas transmission and distribution system within the city.
Historical reference: Ord. 625, passed 9-22-75.
ARTICLE 3
NEBRASKA PUBLIC POWER DISTRICT
Section.
21-301. Grant of franchise.
21-301. Grant of franchise.
Granting to Nebraska Public Power District the authority to maintain and operate the light and power system in the city for the purpose of furnishing electric energy to the city, and fixing charges for such service.
Statutory authority: Neb. RS 16-673, 18-412.01, 18-412.06 – 18-413.10 and, 70-502.
Historical reference: Ord. 993, passed 2-22-94.
ARTICLE 4
QWEST COMMUNICATIONS
Section.
21-401. Grant of franchise.
21-401. Grant of franchise.
Granting to Qwest Communications the authority to maintain and operate a telephone system within the city.
Historical reference: Ord. 420, passed 7-22-63.
CHAPTER 22
Article.
1. Hazardous Material.
2. Penalty.
ARTICLE 1
HAZARDOUS MATERIAL
Section.
22-101. Definitions.
22-102. Storage restrictions.
22-103. Portable storage and transportation devices.
22-104. High explosives.
22-101. Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) Hazardous Materials shall include:
(a) Flammable liquids having a flash point below 100ºF and having a vapor pressure not exceeding 40 pounds per square inch (absolute) at 100ºF.
(b) Combustible liquids having a flash point at or above 100ºF.
(c) Highly toxic materials so toxic to human beings as to afford an unusual hazard to life and health, including but not limited to anhydrous ammonia, and similar chemicals.
(d) Explosives.
(e) Any other materials which cause an unusual hazard to the life, health, and safety of the citizens of the City.
22-102. Storage restrictions.
(1) Restriction on storage. No tank, receptacle, or other storage device used or intended to be used for the aboveground storage of hazardous materials and having a storage capacity in excess of 1,000 gallons, or, in the case of dry materials, 2,000 pounds, shall hereafter be erected or constructed aboveground upon any premises within the corporate limits of the City unless said tank or storage device be located more than 500 feet from any residence, business, school, or place open to the public, provided that the owner:
(a) Obtains a permit from the Planning and Zoning Administrator; and
(b) Meets the safety requirements of state, federal, and local laws, ordinances, rules, and regulations.
Historical Reference: Ord. 841, passed 1‑14‑86.
22-103. Portable storage and transportation devices.
(1) No tank car or other portable storage or transportation device having a storage capacity in excess of 1,000 gallons, or, in the case of dry materials, 2,000 pounds, and containing hazardous materials shall be allowed to remain in the corporate limits within 500 feet from any residence, business, school, or any place open to the public, except for the purpose of loading or unloading hazardous materials, but in no event shall said tank car or portable storage transportation device be allowed to remain within said 500 feet for longer than 8 hours; provided, however, that vehicles actively used in transporting hazardous materials may be parked, subject to the provisions of this subchapter, in a hazardous material bulk storage facility or in an adequately protected security area.
22-104. High explosives.
Any person wishing to discharge high explosives within the City must secure a permit from the City Council and shall discharge such explosives in conformance with their direction and under their supervision, and in no case shall any person perform blasting operations unless operating under the direct supervision of a person in possession of a valid user's permit issued by the Nebraska State Patrol.
Statutory reference: Neb. RS 28‑1220, 28‑1299
ARTICLE 2
PENALTY
Section.
22-201. Penalty.
22-201. Penalty.
(1) Penalty amounts. Any person who violates any of the prohibitions or provisions of any section of this chapter shall be deemed guilty of a misdemeanor. Unless otherwise specified in this chapter or by statute, the penalty for such violation shall be in any amount not to exceed $1,000, in the discretion of the court; and; provided, whenever any section of this chapter shall declare a nuisance, a violation of that section shall be penalized by a fine of not more than $1,000, in which case a new violation shall be deemed to have been committed every 24 hours of such failure to comply.
(2) Abatement of nuisance.
(a) Whenever a nuisance exists as defined in this chapter, the City may proceed by a suit in equity to enjoin and abate the same, in the manner provided by law.
(b) Whenever in any action it is established that a nuisance exits, the court may, together with the fine or penalty imposed, enter an order of abatement as a part of the judgment in the case.
(3) Restitution. The court may, together with the fine or penalty imposed, enter an order of restitution as part of the judgment in the case.
Statutory reference: Neb. RS 16‑225, 16‑240, 16‑246, 18‑1720.
CHAPTER 23
Article.
1. General Provisions.
ARTICLE 1
GENERAL PROVISIONS
Section.
23-101. Rules and regulations.
23-102. Enforcement authority.
23-103. Duties of Board of Health.
23-101. Rules and regulations.
For the purpose of promoting the health and safety of the residents of the City, the Board of Health as established in Chapter 6 of this code shall, from time to time, adopt such rules and regulations relative thereto and shall make such inspections, prescribe such penalties, and make such reports as may be necessary toward that purpose.
Statutory reference: Neb. RS 16‑238.
23-102. Enforcement authority.
The City Police Chief shall be the Quarantine Officer of the City. It shall be his or her duty to notify the Council and the Board of Health of health nuisances and of every case of contagious, infectious, or malignant disease within the City and its zoning jurisdiction.
Statutory reference: Neb. RS 16‑238.
Historical reference: Ord. 874, passed 2‑9‑88.
23-103. Duties of Board of Health.
It shall be the duty of the Board of Health to work closely with the County Health Board in protecting the health and welfare of the residents of the City.
CHAPTER 24
Article.
1. General Provisions.
2. Licenses.
3. Administration and Enforcement.
4. Penalty.
ARTICLE 1
GENERAL PROVISIONS
Section.
24-101. Definitions.
24-101. Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) Transient Merchant, Itinerant Merchant or Itinerant Vendor shall mean every person, firm, or corporation, whether as owner, agent, consignee, or employee, who is a nonresident of this county who engages temporarily within the City in the business of selling and delivering goods, wares, and merchandise or taking orders for goods or merchandise to or at homes, apartments, or other residential premises in the City.
ARTICLE 2
LICENSES
Section.
24-201. License required; location of sales.
24-202. License application.
24-203. License fee.
24-204. License term.
24-205. License revocation.
24-206. License appeals.
24-201. License required; location of sales.
It shall be unlawful for an itinerant vendor to engage in such business within the City without first obtaining a license therefore. It shall be unlawful for any farmer, truck grower, or others who produce, hawk, or peddle products of the farm, fruit, or other staples of food or who peddle, sell, or offer to sell any commodity or article of commerce or trade to park their conveyances or erect a place of business for the purpose of selling said products upon any street within the congested district.
Statutory reference: Neb. RS 16‑699
24-202. License application.
Applicants for a license shall file a written sworn application, signed by the applicant if an individual, by all partners if a partnership, and by the president if a corporation, with the City Clerk, showing:
(1) The name or names of the person or persons having the management or supervision of the applicant's business during the time that it is proposed that it will be carried on in the municipality; the local address or addresses of such person or persons while engaged in such business; the permanent address or addresses of such person or persons; the capacity in which such person or persons will act (that is, whether as proprietor, agent, or otherwise); the name and address of the person, firm, or corporation for whose account the business will be carried on, if any; and if a corporation, under the law of what state the same is incorporated.
(2) The place or places in the City where it is proposed to carry on applicant's business, and the length of time during which it is proposed that such business shall be conducted.
(3) A statement of the nature of merchandise to be sold or offered for sale by the applicant.
(4) A brief statement of the nature of the advertising done or proposed to be done in order to attract customers.
(5) Credentials from the person for whom the applicant proposes to do business, authorizing the applicant to act as such representative.
(6) Such other reasonable information as to the identity or character of the person or persons having the management or supervision of the applicant's business or the method or plan of doing such business as the City Manager may deem proper.
24-203. License fee.
If the applicant is approved by the City Manager, the applicant shall pay a license fee set by resolution of the governing body to cover the cost of processing the application and issuing the license. A copy of the