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 current 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 most current 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.