Exeter Village Ordinances: Misdemeanors

CHAPTER 3 – MISDEMEANORS
ARTICLE 1 – GENERAL MISDEMEANORS
SECTION 3-101: OBSTRUCTING AN OFFICER
SECTION 3-102: RESISTING OR FAILING TO ASSIST OFFICER
SECTION 3-103: IMPERSONATING OFFICER
SECTION 3-104: RESISTING ARREST WITHOUT THE USE OF A DEADLY OR DANGEROUS WEAPON
SECTION 3-105: CONCEALED WEAPONS
SECTION 3-106: DISCHARGE OF FIREARM
SECTION 3-107: DISCHARGE OF SLINGSHOT, PAINTBALL GUN, BLOW GUN, AIR RIFLE OR SIMILAR INSTRUMENT
SECTION 3-108: STALKING
SECTION 3-109: CRIMINAL TRESPASS
SECTION 3-110: PUBLIC INDECENCY
SECTION 3-111: WINDOW PEEPING
SECTION 3-112: CRIMINAL MISCHIEF
SECTION 3-113: THEFT
SECTION 3-114: THREATS; ASSAULT IN THE THIRD DEGREE
SECTION 3-115: DISTURBING AN ASSEMBLY
SECTION 3-116: DISTURBING THE PEACE
SECTION 3-117: DISORDERLY CONDUCT
SECTION 3-118: MISREPRESENTATION BY MINOR
SECTION 3-119: MINOR IN POSSESSION
SECTION 3-120: CURFEW
SECTION 3-121: LITTERING
SECTION 3-122: POSTING NOTICES
SECTION 3-123: APPLIANCES IN YARD
SECTION 3-124: OBSTRUCTING WATER FLOW
SECTION 3-125: INJURY TO TREES
SECTION 3-126: DISEASED OR DYING TREES
SECTION 3-127: PARKS; INJURY TO PROPERTY; LITTERING
ARTICLE 2 – DOGS AND CATS
SECTION 3-201: DEFINITIONS
SECTION 3-202: RABIES VACCINATION
SECTION 3-203: RABIES CERTIFICATE; LICENSING; FEE
SECTION 3-204: LIMITATION ON NUMBER ALLOWED
SECTION 3-205: LOST TAG
SECTION 3-206: WRONGFUL LICENSING
SECTION 3-207: REMOVAL OF LICENSE TAGS
SECTION 3-208: COLLAR AND NAME TAG REQUIRED
SECTION 3-209: RUNNING AT LARGE
SECTION 3-210: DAMAGE; LIABILITY OF OWNER
SECTION 3-211: PET EXCREMENT; REMOVAL BY OWNER
SECTION 3-212: BARKING AND OFFENSIVE BEHAVIOR
SECTION 3-213: FEMALE IN SEASON
SECTION 3-214: FIGHTING DOGS
SECTION 3-215: RABIES PROCLAMATION
SECTION 3-216: RABIES SUSPECTED; IMPOUNDMENT
SECTION 3-217: DANGEROUS DOGS; DEFINITIONS
SECTION 3-218: DANGEROUS DOGS; CONFINED; WARNING SIGN
SECTION 3-219: DANGEROUS DOGS; RESTRAINED
SECTION 3-220: DANGEROUS DOGS; FAILURE TO COMPLY
SECTION 3-221: DANGEROUS DOGS; VIOLATION; PRIOR CONVICTION
SECTION 3-222: DANGEROUS DOGS; ADDITIONAL REGULATIONS
SECTION 3-223: IMPOUNDMENT
SECTION 3-224: INTERFERENCE WITH ANIMAL CONTROL
ARTICLE 3 – ANIMALS GENERALLY
SECTION 3-301: WILD ANIMALS
SECTION 3-302: LIVESTOCK PROHIBITED NEAR DWELLINGS
SECTION 3-303: RUNNING AT LARGE; TETHERS
SECTION 3-304: RUNNING AT LARGE; FOWLS
SECTION 3-305: ENCLOSURES
SECTION 3-306: RABIES SUSPECTED; CAPTURE IMPOSSIBLE
ARTICLE 4 – NUISANCES
SECTION 3-401: GENERALLY DEFINED
SECTION 3-402: SPECIFICALLY DEFINED
SECTION 3-403: WEEDS OR OTHER NUISANCES; ABATEMENT; NOTICE
SECTION 3-404: WEEDS OR OTHER NUISANCES; FAILURE TO CORRECT
SECTION 3-405: WEEDS OR OTHER NUISANCES; SECOND OFFENSE
SECTION 3-406: DANGEROUS BUILDINGS; DEFECTS
SECTION 3-407: DANGEROUS BUILDINGS; BUILDING INSPECTOR
SECTION 3-408: DANGEROUS BUILDINGS; STANDARDS
SECTION 3-409: DANGEROUS BUILDINGS; UNLAWFUL MAINTENANCE
SECTION 3-410: DANGEROUS BUILDINGS; NUISANCE; PROCEDURE
SECTION 3-411: DANGEROUS BUILDINGS; FAILURE TO COMPLY
SECTION 3-412: DANGEROUS BUILDINGS; DISPUTES
SECTION 3-413: DANGEROUS BUILDINGS; APPEAL
SECTION 3-414: DANGEROUS BUILDINGS; IMMEDIATE HAZARD
ARTICLE 5 – SEXUAL PREDATORS
SECTION 3-501: DEFINITIONS
SECTION 3-502: RESIDENCY RESTRICTIONS
SECTION 3-503: EXCEPTIONS
ARTICLE 6 – PENAL PROVISIONS
SECTION 3-601: VIOLATION; PENALTY
SECTION 3-602: ABATEMENT OF NUISANCE
CHAPTER 3 – MISDEMEANORS
Article 1 – General Misdemeanors
SECTION 3-101: OBSTRUCTING AN OFFICER
It shall be unlawful for any person to use or threaten to use violence, force, physical interference, or obstacle to intentionally obstruct, impair or hinder the enforcement of the penal law or the preservation of the peace by a peace officer acting under color of his or her official authority. (Neb. Rev. Stat. §28-906)
SECTION 3-102: RESISTING OR FAILING TO ASSIST OFFICER
It shall be unlawful for any person in this village to hinder, obstruct or resist any police officer in making any arrest or performing any duty of his or her office or to refuse or neglect to assist any such officer when called upon by him or her in making any arrest or conveying a prisoner to jail. (Neb. Rev. Stat. §§28-903, 28-904)
SECTION 3-103: IMPERSONATING OFFICER
It shall be unlawful for any person to falsely pretend to be a peace officer and perform any act in that pretended capacity. (Neb. Rev. Stat. §28-610)
SECTION 3-104: RESISTING ARREST WITHOUT THE USE OF A DEADLY OR DANGEROUS WEAPON
A. It shall be unlawful for any person to intentionally prevent or attempt to prevent a law enforcement officer, acting under color of his or her official authority, from effecting an arrest on said person or on another by (1) using or threatening to use physical force or violence against the said officer or another; (2) using any other means which creates a substantial risk of causing physical injury to the officer or another; or (3) employing means which require substantial force to overcome resistance to effecting the arrest; provided, this section shall apply only to those actions taken to resist arrest without the use of a deadly or dangerous weapon.
B. It is an affirmative defense to prosecution under this section if the officer involved was out of uniform and did not identify himself or herself as a law enforcement officer by showing his or her credentials to the person whose arrest is attempted.
(Neb. Rev. Stat. §28-904)
SECTION 3-105: CONCEALED WEAPONS
Except as otherwise provided in this section, any person who carries a weapon or weapons concealed on or about his or her person such as a revolver, pistol, bowie knife, dirk or knife with a dirk blade attachment, brass or iron knuckles, or any other deadly weapon commits the offense of carrying a concealed weapon. This section shall not apply to a person who is the holder of a valid permit issued under the Concealed Handgun Permit Act if the concealed weapon which the offender is carrying is a handgun as defined in Neb. Rev. Stat. §69-2429. (Neb. Rev. Stat. §28-1202)
SECTION 3-106: DISCHARGE OF FIREARM
It shall be unlawful for any person, except an officer of the law in the performance of his or her official duty, to fire or discharge any gun or pistol within the village; provided, nothing herein shall be construed to apply to officially sanctioned public celebrations if the persons so discharging firearms have written permission from the Village Board. (Neb.
Rev. Stat. §17-556)
SECTION 3-107: DISCHARGE OF SLINGSHOT, PAINTBALL GUN, BLOW GUN, AIR RIFLE OR SIMILAR INSTRUMENT
It shall be unlawful for any person to discharge a slingshot, paint ball gun, blow gun, air rifle or other like instruments capable of launching a dangerous projectile therefrom at any time or under any circumstances within the village. (Neb. Rev. Stat. §17-207)
SECTION 3-108: STALKING
A. Any person who willfully harasses another person or a family or household member of such person with the intent to injure, terrify, threaten, or intimidate commits the offense of stalking.
B. For purposes of this section, the following definitions shall apply:
1. “Harass” means to engage in a knowing and willful course of conduct directed at a specific person which seriously terrifies, threatens, or intimidates the person and which serves no legitimate purpose;
2. “Course of conduct” means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including a series of acts of following, detaining, restraining the personal liberty of or stalking the person or telephoning, contacting, or other-wise communicating with the person;
3. “Family or household member” means a spouse or former spouse of the victim, children of the victim, a person presently residing with the victim or who has resided with the victim in the past, a person who had a child in common with the victim, other persons related to the victim by consanguinity or affinity, or any person presently involved in a dating relationship with the victim or who has been involved in a dating relationship with the victim. For purposes of this subdivision, “dating relationship” means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement but does not include a casual relationship or an ordinary association between persons in a business or social context;
(Neb. Rev. Stat. §§28-311.02, 28-311.03, 28-311.04)
SECTION 3-109: CRIMINAL TRESPASS
It shall be unlawful for any person, knowing that he or she is not licensed or privileged to do so:
A. To enter or secretly remain in any building or occupied structure, or any separately secured or occupied portion thereof; or
B. To enter or remain in any place as to which notice against trespass is given by (1) actual communication to the actor; or (2) posting in a manner prescribed by law or reasonably likely to come to the attention of intruders; or (3) fencing or other enclosure manifestly designed to exclude intruders.
(Neb. Rev. Stat. §§28-520, 28-521) (Am. by Ord. No. 316, 8/6/83)
SECTION 3-110: PUBLIC INDECENCY
It shall be unlawful for any person 18 years of age or over to perform, procure or assist any other person to perform in a public place and where the conduct may reasonably be expected to be viewed by members of the public:
A. An act of sexual penetration as defined by Neb. Rev. Stat. §28-318(5);
B. An exposure of the genitals of the body done with intent to affront or alarm any person; or
C. A lewd fondling or caressing of the body of any other person of the same or opposite sex.
(Neb. Rev. Stat. §28-806)
SECTION 3-111: WINDOW PEEPING
It shall be unlawful for any person to go upon the premises of another and look or peep into any window, door or other opening in any building located thereon which is occupied as a place of abode.
SECTION 3-112: CRIMINAL MISCHIEF
It shall be unlawful for any person to damage property of another intentionally or recklessly, tamper with property of another intentionally or recklessly so as to endanger per-son or property or cause another to suffer pecuniary loss by deception or threat intentionally or maliciously, provided that the value of the property involved is under $1,500.00. (Neb. Rev. Stat. §28-519)
SECTION 3-113: THEFT
It shall be unlawful for any person within the corporate limits to steal any money, goods, or chattels of any kind whatever. Any person who shall steal property of any kind, whether the same be property having a value of less than $500.00, shall be deemed to be guilty of a misdemeanor. (Neb. Rev. Stat. §§28-509 through 28-518) (Am. by Ord. No. 269, 12/2/79)
SECTION 3-114: THREATS; ASSAULT IN THE THIRD DEGREE
It shall be unlawful for any person to intentionally, knowingly, or recklessly cause bodily injury to another person or threaten another in a menacing manner. It shall further be unlawful for any person to commit the above act in a fight or scuffle entered into by mutual consent. (Neb. Rev. Stat. §28-310)
SECTION 3-115: DISTURBING AN ASSEMBLY
It shall be unlawful for any person or persons to disturb, interrupt, or interfere with any lawful assembly of people, whether religious or otherwise, by loud and unnecessary noise, threatening behavior, or indecent and shocking behavior. (Neb. Rev. Stat. §17-556)
SECTION 3-116: DISTURBING THE PEACE
It shall be unlawful for any person to intentionally disturb the peace and quiet of any person, family or neighborhood. (Neb. Rev. Stat. §§17-556, 28-1322)
SECTION 3-117: DISORDERLY CONDUCT
A. It shall be unlawful for any person to knowingly start a fight, commit assault or battery, make unnecessary noise, or otherwise conduct himself or herself in such a way as to breach the peace.
B. The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this article, but said enumeration shall not be deemed to exclusive, namely:
1. Unnecessary Noises. It shall be unlawful for any person to make, continue, or cause to be made or continued any loud, unnecessary or unusual noise or any noise which either annoys disturbs, injures or endangers the com-fort, repose, health, peace or safety of others, within the village.
2. Horns, Signaling Devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle on any street or public place in the village, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for any unnecessary and unreasonable period of time. The use of any signaling device except one operated by hand or electricity; the use of an horn, whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up.
3. Radios, Tape Players, CD Players, etc. The using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, machine or device between the hours of 10:30 p.m. and 6:00 a.m. in such manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which it is located shall be a prima facie violation of this section.
4. Yelling, Shouting, etc. Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours open 10:30 p.m. and 6:00 a.m. or at any time or place so as to annoy or disturb the peace, quiet, comfort, or repose of persons in any office or in any dwelling, hotel or other type of residence, or of any persons in the vicinity.
5. Drums. The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale.
(Neb. Rev. Stat. §§17-129, 17-556) (Am. by Ord. No. 513, 7/10/01)
SECTION 3-118: MISREPRESENTATION BY MINOR
It shall be unlawful for any minor, as defined by Neb. Rev. Stat. §53-102, to obtain or at-tempt to obtain alcoholic liquor by misrepresentation of age or by any other method in any tavern or other place where alcoholic liquor is sold. (Neb. Rev. Stat. §§53-180.01, 53-180.05)
SECTION 3-119: MINOR IN POSSESSION
It shall be unlawful for any minor, as defined by Neb. Rev. Stat. §53-102, to transport, knowingly possess or have under his or her control in any motor vehicle, beer or other alcoholic liquor on any public street, alley, roadway or property owned by the state or any subdivision thereof or any other place within the village limits. (Neb. Rev. Stat. §§53-180.02, 53-180.05)
SECTION 3-120: CURFEW
A. Minors Age 16 and Under. It shall be unlawful for any minor under the age of 16 years to loiter, idle, wander, stroll, play or be found in or remain upon any of the streets, roads, alleys. or parks of this village after the hour of 11:00 p.m. of any day until the hour of 5:00 a.m. of the following day, unless less accompanied by a parent, guardian or other adult person having the legal care, custody or control of such minor or unless the said minor is proceeding directly to or from school, a school-related activity or his or her place of employment.
B. Minors Age 16 to 18. It shall be unlawful for any minor who is 16 years of age or older and less than 18 years of age to loiter, idle, wander, stroll, play or be found in or remain upon any of the streets, roads, alleys, parks or any other public place of this village after the hour of 1:00 a.m. of any day until the hour of 5:00 a.m. of the following day, unless accompanied by a parent, guardian, or other adult person having the legal care, custody or control of such minor or unless the said minor is proceeding directly to or from school, a school-related activity or his or her place of employment.
C. Parents, Guardians and Legal Custodians. It shall be unlawful for any parent, guardian or any adult person having the legal care, custody or control of any minor of the age of 16 years or under to allow or permit such minor to loiter, wander, stroll, idle or play in or about any of the places designated above after the hour of 11:00 p.m. of any day until the hour of 5:00 a.m. of the following day, unless such minor is accompanied by the parent, guardian or other adult person having the legal care, custody and control of said minor.
D. Exceptions. These provisions shall not apply to any minor under the age of 16 years if upon an emergency errand or legitimate business directed by his or her parent, guardian or other adult person having the legal care, custody or control of such minor.
(Ord. No. 319, 8/6/83) (Am. by Ord. No. 504, 1/2/01)
SECTION 3-121: LITTERING
A. Any person who deposits, throws, discards, scatters, or otherwise disposes of any litter, refuse, waste matter or other thing on any public or private property or in any
waters commits the offense of littering unless (1) such property is an area designated by law for the disposal of such material and such person is authorized by the proper public authority to so use such property; or (2) the litter is placed in a receptacle or container installed on such property for such purpose.
B. Whenever litter is thrown, deposited, dropped or dumped from any motor vehicle or watercraft in violation of this section, the operator of such motor vehicle or water craft commits the offense of littering.
C. “Litter” as used in this section means all rubbish, refuse, waste material, garbage, trash, debris or other foreign substances, solid or liquid, of every form, size, kind and description, but does not include the wastes or primary processes of farming or manufacturing.
(Neb. Rev. Stat. §§17-123.01, 28-523)
SECTION 3-122: POSTING NOTICES
No person in the village shall fasten any poster or other advertising device in any way upon public or private property in the city unless legally authorized to do so.
SECTION 3-123: APPLIANCES IN YARD
It shall be unlawful for any person to permit a refrigerator, icebox, freezer, or any other dangerous appliance to be in the open and accessible to children, whether on private or public property, unless he or she shall first remove all doors and make the same reasonably safe. (Neb. Rev. Stat. §18-1720)
SECTION 3-124: OBSTRUCTING WATER FLOW
It shall be unlawful for any person to stop or obstruct the passage of water in a street gutter, culvert, water pipe or hydrant.
SECTION 3-125: INJURY TO TREES
It shall be unlawful for any person to purposely or carelessly and without lawful authority to cut down, carry away, injure, break down, or destroy any trees planted or growing in the corporate limits or their fruit. Any public service company desiring to trim or cut down any tree, except on property owned and controlled by it, shall make an application to the Village Board, and the written permit of the board in accordance with its decision to allow such an action shall constitute the only lawful authority on the part of the company to do so.
SECTION 3-126: DISEASED OR DYING TREES
A. It is hereby declared a nuisance for a property owner to permit, allow or maintain any dead or diseased trees within the right of way of streets or on private property within the corporate limits of the village.
B. Every tree of the species and varieties of elm, Zelkova, and Planera, that are in a diseased, dying, or dead condition or that may serve as a breeding place for the European elm bark beetle, Scolytus multistriatus, or other disease-carrying insects is hereby declared to be a public nuisance.
C. For the purpose of carrying out the provisions of this section, any village official shall have the authority to enter upon private property to inspect the trees thereon.
D. Notice to abate and remove such nuisances and notice of the right to a hearing and the manner in which it may be requested shall be given to each owner or owner's duly authorized agent and to the occupant, if any, by personal service or certified mail. Within 30 days after the receipt of such notice, if the owner or occupant of the lot or piece of ground does not request a hearing or fails to comply with the order to abate and remove the nuisance, the village may have such work done and may levy and assess all or any portion of the costs and expenses of the work upon the lot or piece of ground so benefited in the same manner as other special taxes for improvements are levied or assessed.
E. In the event the property owner is a nonresident of the county in which the property lies, the village shall, before levying any special assessment against that property, send a copy of any notice required by law to be published by means of certified mail, return receipt requested to the last known address of the nonresident property owner, which shall be that address listed on the current tax rolls at the time such required notice was first published.
(Neb. Rev. Stat. §§18-1720, 28-1321)
SECTION 3-127: PARKS; INJURY TO PROPERTY; LITTERING
It shall be unlawful for any person to maliciously or willfully cut down, injure, or destroy any tree, plant, or shrub; to injure or destroy any sodded or planted area; or injure or destroy any building, structure, equipment, fence, bench, table, or any other property of the village parks and recreational areas. No person shall commit any waste on or litter the village parks or other public grounds.
Article 2 – Dogs and Cats
SECTION 3-201: DEFINITIONS
“Animal control authority” shall mean an entity authorized to enforce the animal control laws of the village.
“Animal control officer” shall mean any individual employed, appointed or authorized by an animal control authority for the purpose of aiding in the enforcement of this act or any other law or ordinance relating to the licensing of animals, control of animals or seizure and impoundment of animals and shall include any state or local law enforcement or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal.
“Owner” shall mean any person, firm, corporation, organization, political subdivision or department possessing, harboring, keeping or having control or custody of a dog; and specifically in reference to a collarless dog, every person who shall harbor such a dog about his or her premises for the space of ten days shall be held to be the owner.
(Neb. Rev. Stat. §§54-606, 71-4401)
SECTION 3-202: RABIES VACCINATION
Every dog or cat shall be vaccinated against rabies pursuant to Nebraska law. Unvaccinated dogs or cats acquired or moved into the village must be vaccinated within 30 days after purchase unless under the age for initial vaccination. The provisions of this ordinance with respect to vaccination shall not apply to any dogs or cats owned by a person temporarily residing within this village for fewer than 30 days, any dog or cat brought into this village for show purposes, or any dog or cat brought into this village for hunting purposes for a period of fewer than 30 days; such dogs or cats shall be kept under the strict supervision of the owner. (Neb. Rev. Stat. §71-4402)
SECTION 3-203: RABIES CERTIFICATE; LICENSING; FEE
A. Any person who shall own, keep, or harbor a dog or cat over the age of four months within the village shall within 30 days after acquisition of the said animal acquire a license for each animal annually by or before May 1 each year. Application shall be made upon a printed form provided by the village, upon which the owner shall state his or her name and address and the name, breed, color and sex of each dog or cat owned and kept by him or her. A certificate stating that the animal has had a rabies shot, effective for the ensuing year of the license, shall be presented when the license is applied for and no license or tag shall be issued until the certificate is shown. If the dog or cat has been spayed or neutered, a statement signed by a veterinarian verifying the spaying or neutering must be presented.
B. Upon payment of the license fee, as set by resolution of the Village Board, the village clerk shall issue to the owner a license certificate and a metallic tag for each animal so licensed. The village shall, in addition to the license tax imposed, collect from the licensee a fee of $3.00. The clerk shall retain $2.00 from the said fee and remit the balance to the state treasurer for credit to the Commercial Dog and Cat Operator Inspection Program Cash Fund. The $2.00 collected shall be credited to the general fund.
C. The said dog or cat tax shall be delinquent from and after May 10; provided, the possessor of any dog or cat brought into or harbored within the corporate limits sub-sequent to May 1 shall be liable for the payment of the animal tax levied herein and such tax shall be delinquent if not paid within 10 days thereafter. It shall be the duty of the village clerk to issue tags of a suitable design that are different in appearance each year.
D. The metallic tag shall be properly attached to the collar or harness of every dog or cat so licensed and shall entitle the owner to keep or harbor the said animal until April 30 of the following year. Said licenses shall not be transferable and no refund will be allowed in case of death, sale, or other disposition of the licensed dog or cat.
E. Every service animal shall be licensed but no license tax shall be charged. Up-on the retirement or discontinuance of the animal as a service animal, the owner of the animal shall be liable for the payment of a license tax as prescribed herein.
(Neb. Rev. Stat. §§17-526, 54-603) (Ord. No. 473, 1/5/99)
SECTION 3-204: LIMITATION ON NUMBER ALLOWED
It shall be unlawful and a public nuisance for any person to own, keep harbor or maintain more than three dogs over the age of six months or three cats over the age of six months at any place in the village. (Ord No. 537, 11/2/04)
SECTION 3-205: LOST TAG
In the event that a licensing tag is lost and upon satisfactory evidence that the original tag was issued in accordance with the provisions herein, the village clerk shall issue a duplicate or new tag for the balance of the year for which the license tax has been paid and shall charge and collect a fee set by resolution of the Village Board for each duplicate tag so issued. Such resolution shall be placed on file in the office of the village clerk for public inspection. (Neb. Rev. Stat. §§17-526, 54-603)
SECTION 3-206: WRONGFUL LICENSING
It shall be unlawful for the owner, keeper, or harborer of any dog or cat to permit or allow such dog or cat to wear any license, metallic tag or other village identification than that issued by the village clerk nor shall the owner, keeper, or harborer wrongfully and knowingly license an unspayed female dog or cat with a license prescribed for a male or spayed female dog or cat. (Neb. Rev. Stat. §17-526) (Ord. No. 473, 1/5/99)
SECTION 3-207: REMOVAL OF LICENSE TAGS
It shall be unlawful for any person to remove or cause to be removed the collar, harness, or metallic tag from any licensed dog or cat without the consent of the owner, keeper, or possessor thereof. (Neb. Rev. Stat. §17-526)
SECTION 3-208: COLLAR AND NAME TAG REQUIRED
It shall be the duty of every owner of any dog to securely place upon the neck of such dog a good and sufficient collar with a metallic plate attached thereon which shall be plainly inscribed with the name of such owner. (Neb. Rev. Stat. §54-605)
SECTION 3-209: RUNNING AT LARGE
It shall be unlawful for the owner of any dog or cat to allow such dog or cat to run at large at any time within the corporate limits of the village. It shall be the duty of the animal control authority to cause any dog or cat found to be running at large within the village to be taken up and impounded. “Running at large” shall mean a dog or cat was found off the premises of the owner and not under control of the owner or a responsible person by leash, cord, chain, wire, rope, cage or other suitable means of physical restraint. (Neb. Rev. Stat. §§17-526, 54-607) (Ord. No. 520, 1/2/02)
SECTION 3-210: DAMAGE; LIABILITY OF OWNER
It shall be unlawful for any person to allow a dog or cat owned, kept, or harbored by him or her or under his or her charge or control to injure or destroy any real or personal property of any description belonging to another person. The owner or possessor of any such dog or cat, in addition to the usual judgment upon conviction, may be made to be liable to the persons so injured in an amount equal to the value of the damage so sustained. (Neb. Rev. Stat. §§18-1720, 54-601, 54-602)
SECTION 3-211: PET EXCREMENT; REMOVAL BY OWNER
The owner of any animal which deposits excreta on public or private property shall be
responsible for its removal. It shall be a violation of this section for the owner to fail to remove such excreta at the time of occurrence or when notified of its existence and location, either by the village or by the owner of the property on which the excreta was de-posited. (Ord. No. 542, 11/1/05)
SECTION 3-212: BARKING AND OFFENSIVE BEHAVIOR
It shall be unlawful for any person to own, keep, or harbor any dog or cat which by loud, continued, or frequent barking, howling, or yelping shall annoy or disturb any neighbor-hood or person or which habitually barks at or chases pedestrians, drivers, or owners of horses or vehicles while they are on any public sidewalks, streets, or alleys in the village. Upon the written complaint of one person filed with the village clerk, that any dog or cat owned by the person named in the complaint is an annoyance or disturbance or otherwise violates the provisions of this section, the animal control officer shall investigate the complaint and, if in his or her opinion the situation warrants, shall notify the owner to silence and restrain such dog or cat. The provisions of this section shall not be construed to apply to the village animal shelter. (Neb. Rev. Stat. §17-526)
SECTION 3-213: FEMALE IN SEASON
It is hereby declared unlawful for the owner, keeper, or harborer of a female dog or cat to permit her to run at large within the village while in season. Any such female dog or cat found running at large in violation of this section shall be declared to be a public nuisance and as such may be impounded or killed according to the provisions herein. (Neb. Rev. Stat. §17-526)
SECTION 3-214: FIGHTING DOGS
It shall be unlawful for any person, by agreement or otherwise, to set dogs to fighting or by any gesture or word to encourage the same to fight. (Neb. Rev. Stat. §17-526)
SECTION 3-215: RABIES PROCLAMATION
It shall be the duty of the Village Board, whenever in its opinion the danger to the public safety from rabid animals is great or imminent, to issue a proclamation ordering all per-sons owning, keeping, or harboring any dog or cat to muzzle the same or to confine it for a period of not less than 30 days or more than 90 days from the date of such proclamation or until such danger is past. The dog or cat may be harbored by any good and sufficient means in a house, garage, or yard on the premises wherein the owner may reside. Upon issuance of the proclamation, it shall be the duty of all persons owning, keeping, or harboring any dog or cat to confine the same as herein provided. (Neb. Rev. Stat. §17-526) (Ord, No. 473, 1/5/99)
SECTION 3-216: RABIES SUSPECTED; IMPOUNDMENT
Any dog or cat suspected of being afflicted with rabies or any dog or cat not vaccinated in accordance with the provisions of this article which has bitten any person and caused an abrasion of the skin shall be seized and impounded under the supervision of the Board of Health for a period of no fewer than ten days. If, upon examination by a veterinarian, the dog or cat has no clinical signs of rabies at the end of such impoundment, it may be released to the owner or, in the case of an unlicensed dog or cat, it shall be dis-
posed of in accordance with the provisions herein. If the owner of the said dog or cat has proof of vaccination, it shall be confined by the owner or some other responsible person for a period of at least ten days, at which time the dog or cat shall be examined by a licensed veterinarian. If no signs of rabies are observed, the dog or cat may be released from confinement. (Neb. Rev. Stat. §71-4406) (Ord. No. 473, 1/5/99)
SECTION 3-217: DANGEROUS DOGS; DEFINITIONS
“Dangerous dog” shall mean any dog that, according to the records of the animal control authority:
A. Has killed or inflicted injury on a human being of public or private property:
B. Has killed a domestic animal without provocation; or
C. Has been previously determined to be a potentially dangerous dog by an animal control authority and the owner has received notice of such determination; and such dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals.
D. Notwithstanding the foregoing, a dog shall not be defined as a dangerous dog:
1. If the threat, any injury that is not a severe injury, or the damage was sustained by a person who (a) at the time was committing a willful trespass as defined in state statutes or any other tort upon the property of the owner of the dog; (b) at the time was tormenting, abusing or assaulting the dog; (c) has in the past been observed or reported to have tormented or assaulted the dog; or (d) at the time was committing or attempting to commit a crime; or
2. If the dog is a trained dog assisting a police officer engaged in law enforcement duties.
“Domestic animal” shall mean a cat, a dog, or livestock.
“Medical treatment” means treatment administered by a physician or other licensed health care professional that results in sutures or surgery or treatment for one or more broken bones.
(Neb. Rev. Stat. §54-617)
SECTION 3-218: DANGEROUS DOGS; CONFINED; WARNING SIGN
While unattended on the owner's property, a dangerous dog shall be securely confined in a humane manner indoors or in a securely enclosed and locked pen or structure suit-ably designed to prevent the entry of young children and to prevent the dog from escaping. The pen or structure shall have secure sides and a secure top. If the pen or structure has no bottom secured to the sides, the sides shall be embedded into the ground. The pen or structure shall also protect the dog from the elements. The owner of a dangerous dog shall post a warning sign on the property where the dog is kept that is clearly visible and that informs persons that a dangerous dog is on the property. Each warning sign shall be no less than 10 inches by 12 inches and shall contain the words “Warning” and “Dangerous Animal” in high-contrast lettering at least 3 inches high on a black
background. (Neb. Rev. Stat. §54-619)
SECTION 3-219: DANGEROUS DOGS; RESTRAINED
No owner of a dangerous dog shall permit the dog to go beyond the property of the owner unless the animal is restrained securely by a chain or leash. (Neb. Rev. Stat. §54-618)
SECTION 3-220: DANGEROUS DOGS; FAILURE TO COMPLY
Any dangerous dog may be immediately confiscated by an animal control officer if the owner is in violation of this article. The owner shall be responsible for the reasonable costs incurred by the animal control authority for the care of a dangerous dog confiscated by an animal control officer or for the destruction of any dangerous dog if the action by the animal control authority is pursuant to law and if the owner violated this article. In addition to any other penalty, a court may order the animal control authority to dispose of a dangerous dog in an expeditious and humane manner. (Neb. Rev. Stat. §54-620)
SECTION 3-221: DANGEROUS DOGS; VIOLATION; PRIOR CONVICTION
If a dangerous dog belonging to an owner with a prior conviction under this section at-tacks or bites a person or another domestic animal, the owner shall be guilty of a misdemeanor. In addition, the dangerous dog shall be immediately confiscated by an animal control authority, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner. (Neb. Rev. Stat. §54-624)
SECTION 3-222: DANGEROUS DOGS; ADDITIONAL REGULATIONS
Nothing in this article shall be construed to restrict or prohibit the Village Board from establishing and enforcing laws or ordinances at least as stringent as the provisions of this article. (Neb. Rev. Stat. §54-624)
SECTION 3-223: IMPOUNDMENT
A. It shall be the duty of the village police to capture, secure and remove in a humane manner to the village animal shelter any dog violating any of the provisions of this article. The dogs 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 dog shall be kept and maintained at the pound for a period of 24 hours after public notice has been given unless reclaimed earlier by the owner.
B. Notice of impoundment of all animals, including any significant marks or identification, shall be posted at the office of the village clerk within 24 hours after impoundment as public notification of such impoundment. Any dog may be reclaimed by its own-er during the period of impoundment by payment of a general impoundment fee and daily board fee as set by resolution of the Village Board and filed in the office of the village clerk. The owner shall then be required to comply with the licensing and rabies vaccination requirements within 72 hours after release. Any dog may be reclaimed by its owner during the period of impoundment by payment of the costs of impoundment.
C. If the dog is not claimed at the end of the required waiting period after public notice has been given, the village police may dispose of the dog in accordance with the
applicable rules and regulations pertaining to the same; provided, if a suitable home, in the judgment of the village police, can be found for any such dog within the village, the said dog 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 article.
D. The village shall acquire legal title to any unlicensed dog impounded in the shelter for a period longer than the required waiting period after giving notice. All dogs shall be destroyed and buried in the summary and humane manner as prescribed by the Board of Health unless a suitable home can be found for such dog as provided in sub-section (C) above.
(Neb. Rev. Stat. §§17-548, 71-4408) (Am. by Ord. Nos. 390, 10/4/94; 532, 11/4/03)
SECTION 3-224: INTERFERENCE WITH ANIMAL CONTROL
It shall be unlawful for any person to hinder, delay or interfere with any animal control officer who is performing any duty enjoined upon him or her by the provisions of this article or to break open or in any manner directly or indirectly aid, counsel, or advise breaking into the animal shelter or any vehicle used for the collecting or conveying of dogs to the shelter. (Neb. Rev. Stat. §28-906)
Article 3 – Animals Generally
SECTION 3-301: WILD ANIMALS
No wild animals may be kept within the corporate limits except such animals kept for exhibition purposes by circuses and educational institutions.
SECTION 3-302: LIVESTOCK PROHIBITED NEAR DWELLINGS
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 within 200 feet of any dwelling unit within the village. (Neb. Rev. Stat. §17-547)
SECTION 3-303: RUNNING AT LARGE; TETHERS
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 run at large on any of the public ways and property or upon the property of another or to be tethered or staked out in such a manner so as to allow such animal to reach or pass into any public way. (Neb. Rev. Stat. §17-547)
SECTION 3-304: RUNNING AT LARGE; FOWLS
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. (Neb. Rev. Stat. §17-547)
SECTION 3-305: ENCLOSURES
All pens, cages, sheds, yards, or any other areas or enclosures for the confinement of
animals and fowls not specifically barred within the corporate limits shall be kept in a clean and orderly manner so as not to become a menace or nuisance to the neighbor-hood in which the said enclosure is located.
SECTION 3-306: RABIES SUSPECTED; CAPTURE IMPOSSIBLE
The animal control authority as defined in Article 2 herein shall have the authority to kill any animal showing vicious tendencies or characteristics of rabies which make capture impossible because of the danger involved. (Neb. Rev. Stat. §71-4406)
Article 4 – Nuisances
(Am. by Ord. Nos. 358, 9/6/88; 410, 4/4/95; 417, 7/12/95)
SECTION 3-401: GENERALLY DEFINED
A nuisance consists in doing any unlawful act, omitting to perform a duty, or suffering or permitting any condition or thing to be or exist, which act, omission, condition or thing either:
A. Injures or endangers the comfort, repose health, or safety of others,
B. Offends decency,
C. Is offensive to the senses,
D. Unlawfully interferes with, obstructs, tends to obstruct or renders dangerous for passage any stream, public park, parkway, square, street or highway in the village.
E. In any way renders other persons insecure in life or the use of property, or
F. Essentially interferes with the comfortable enjoyment of life and property, or tends to depreciate the value of the property of others.
(Neb. Rev. Stat. §18-1720)
SECTION 3-402: SPECIFICALLY DEFINED
The maintaining, using, placing, depositing, leaving or permitting of any of the following specific acts, omissions, places, conditions and things are hereby declared to be nuisances:
A. Any odorous, putrid, unsound or unwholesome grain, meat, hides, skins, feathers, vegetable matter, or the whole or any part of any dead animal, fish or fowl or any foul, decaying, or rotting substance.
B. Privies, vaults, cesspools, dumps, pits or like places which are not securely protected from flies or rats, or which are foul or malodorous.
C. Filthy, littered or trash-covered cellars, house yards, barnyards, stable-yards, factory-yards, mill yards, vacant areas in rear of stores, granaries, vacant lots, houses, buildings or premises.
D. Animal manure in any quantity which is not securely protected from flies and the elements or which is kept or handled in violation of any ordinance of the village.
E. Stagnant water permitted or maintained on any lot or piece of ground.
F. Liquid household waste, human excreta, garbage, butcher's trimmings and offal, parts of fish or any waste vegetable or animal matter in any quantity; provided, nothing herein contained shall prevent the temporary retention of waste in receptacles in a manner provided by the health officer of the village nor the dumping of non-putrefying waste in a place and manner approved by the health officer.
G. Tin cans, bottles, glass, cans, ashes, small pieces of scrap iron, wire metal articles, bric-a-brac, broken stone or cement, broken crockery, broken glass, broken plaster, and all trash or abandoned material, unless the same be kept in covered bins or galvanized iron receptacles.
H. Trash, litter, rags, accumulations of barrels, boxes, crates, packing crates, mattresses, bedding, excelsior, packing hay, straw or other packing material, lumber not neatly piled, appliances, scrap iron, tin or other metal not neatly piled, old automobiles or parts thereof, or any other waste materials when any of said articles or materials create a condition in which flies or rats may breed or multiply, or which may be a fire danger or which are so unsightly as to depreciate property values in the vicinity thereof.
I. Any buildings or structures which have any or all of the following defects are hereby declared to be unsafe or dangerous buildings or structures and a public nuisance:
1. Those having walls or other vertical structural members that list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside the middle third of its base;
2. Those showing 33% or more of damage or deterioration of the supporting member or members, exclusive of the foundation;
3. Those with improperly distributed loads upon floors or roofs or in which the same are overloaded or which have insufficient strength to be reasonably safe for the purpose used;
4. Those damaged by fire, wind, or other causes so as to have become dangerous to life, safety or the general health and welfare of the occupants of the people of the village;
5. Those which have become dilapidated, decayed, unsafe, unsanitary, or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation or are likely to cause sickness or dis-ease, so as to work injury to the health, morals, safety, or general welfare of those living therein;
6. Those having light, air and sanitation facilities which are inadequate to protect the health, safety, or general welfare of human beings who live or may live therein;
7. Those having inadequate facilities for egress in the case of fire or panic, or those having insufficient stairways, elevators, fire escapes, or other means of communication;
8. Those having parts thereof which are so attached that they may fall and injure persons or property;
9. Those that are unsafe, unsanitary, or dangerous to the health, safety, or general welfare of the people of the village because of their condition;
10. Those having been inspected by the County Health Department or a professional engineer appointed by the village which are, after inspection, deemed to be in violation of any provision of the Health Department rules and regulations or which are structurally unsafe or unsound as found by the inspection of the professional engineer;
11. Those existing in violation of any provision of this article, any provision of the Fire Code, any provision of the county health rules and regulations or other applicable provisions of village ordinances, including but not limited to the building code adopted by the village.
J. All places used or maintained as junkyards or dumping grounds or for the wrecking and dissembling of automobiles, trucks, tractors or machinery of any kind or for the storing or leaving of worn-out, wrecked or abandoned automobiles, trucks, tractors or machinery of any kind, or of any of the parts thereof, or for the storing or leaving of any machinery or equipment used by contractors or builders or by other persons, which said places are kept or maintained so as to essentially interfere with the comfortable enjoyment of life or property by others, or which are so unsightly as to tend to depreciate property values in the vicinity thereof.
K. Any machine, vehicle, or parts of a machine or vehicle which have lost their identity, character, utility or serviceability as such through deterioration, dismantling or the ravages of time, are inoperative or unable to perform their intended functions, or are cast off, discarded or thrown away or left as waste, wreckage or junk;
L. Any motor vehicle without a current license and not housed in a storage or other building;
M. Any wood or tree limbs not cut and stacked in neat rows on an area not exceeding 10 feet by 16 feet.
N. Debris from burned or damaged buildings, whether created by consensual burning or demolition or whether occurring due to fire or age.
O. Stockyards, granaries, mills, pig pens, cattle pens, chicken pens or any other place, building or enclosure in which animals or fowl of any kind are confined or on which are stored tankage or any other animal or vegetable matter, or on which any animal or vegetable matter, including grain, is being processed, when said places in which said animals are confined, or said premises on which said vegetable or animal matter is located, are maintained and kept in such a manner that foul and noxious odors are per-
mitted to emanate therefrom, to the annoyance of inhabitants of the village, or are maintained and kept in such a manner as to be injurious to the public health.
P. Maintenance of weeds, grasses or worthless vegetation of 12 inches or more in height, or 8 inches or more in height of weeds, grasses or worthless vegetation on any lot or piece of ground located within the corporate limits during any calendar year if, with-in the same calendar year, the village has previously acted to remove weeds, grasses, or worthless vegetation exceeding 12 inches in height on the same lot or piece of ground and had to seek recovery of the costs and expenses of such work from the owner. Weeds shall include, but not be limited to, bindweed (Convolvulus arvensis), puncture vine (Tribulus terrestris), leafy spurge (Euphorbia esula), Canada thistle (Cirsium arven-se), perennial peppergrass (Lepidium draba), Russian knapweed (Centaurea picris), Johnson grass (Sorghum halepense), nodding or musk thistle, quack grass (Agropyron repens), perennial sow thistle (Sonchus arvensis), horse nettle (Solanum carolinense), bull thistle (Cirsium lanceolatum), buckthorn (Rhamnus sp.) (tourn), hemp plant (Cannabis sativa), and ragweed (Ambrosiaceae).
Q. All other things specifically designated as nuisances elsewhere in this code.
(Neb. Rev. Stat. §18-1720)
SECTION 3-403: WEEDS OR OTHER NUISANCES; ABATEMENT; NOTICE
A. Whenever the chief of police or code enforcement officer appointed by the village chairman determines that any weeds or grasses in excess of 12 inches or weeds, grasses or worthless vegetation 8 inches or more in height, as described in Section 3-402(L), are growing on property within the village, or other nuisance as defined herein except dangerous buildings, is found on any property, the village clerk shall give notice to mow, abate and remove such nuisance as follows: (1) to each owner or owner's duly authorized agent by certified mail, which shall be conspicuously marked as to its importance; and (2) to the occupant, if any, by personal service by a village police officer or county sheriff or deputy.
B. Within five days after receipt of such notice, the owner or occupant of the lot or piece of ground may request a hearing with the village to appeal the order to mow, abate or remove the nuisance by filing a written appeal with the office of the village clerk. A hearing on the appeal shall be held within 14 days after the filing of the appeal and shall be conducted by the village chairman as hearing officer, who shall render a decision on the appeal within five business days after the conclusion of the hearing. If the appeal fails, the village may have such work done unless such decision is appealed to the District Court. The hearing shall be conducted according to the provisions set forth in Section 3-412(B) hereafter, except that the hearing shall be conducted by the village chair-man instead of the Village Board.
C. Within five days after receipt of such notice, if the owner or occupant of the lot or piece of ground does not request a hearing with the village or fails to comply with the order to mow, or abate and remove the nuisance, the village may have such work done. The costs and expenses of any such work shall be paid by the owner. If unpaid for two months after such work is done, the village may either (1) levy and assess the costs and expenses of the work upon the lot or piece of ground so benefited in the same manner as other special taxes for improvements are levied and assessed or (2) recover in a civil action the costs and expenses of the work upon the lot or piece of ground and the ad-joining streets and alleys.
SECTION 3-404: WEEDS OR OTHER NUISANCES; FAILURE TO CORRECT
Any owner or occupant of premises within the village who maintains a nuisance, as defined herein except dangerous buildings, shall be guilty of a misdemeanor. Each day's further violation shall be a separate offense.
SECTION 3-405: WEEDS OR OTHER NUISANCES; SECOND OFFENSE
In the event that an owner or agent of any property with the village shall have received a notice to correct or abate a nuisance within the past 12 months and is again charged with maintaining a nuisance, as defined herein except dangerous buildings, the chief of police shall forthwith file a complaint against such owner or agent for maintenance of a nuisance with the County Court.
SECTION 3-406: DANGEROUS BUILDINGS; DEFECTS
Any buildings or structures which have any or all of the following defects are hereby declared to be unsafe or dangerous buildings or structures and a public nuisance:
A. Those having walls or other vertical structural members that list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside the middle third of its base;
B. Those showing 33% or more of damage or deterioration of the supporting member or members, exclusive of the foundation;
C. Those with improperly distributed loads upon floors or roofs or in which the same are overloaded or which have insufficient strength to be reasonably safe for the purpose used;
D. Those damaged by fire, wind, or other causes so as to have become dangerous to life, safety or the general health and welfare of the occupants of the people of the village;
E. Those which have become dilapidated, decayed, unsafe, unsanitary, or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation or are likely to cause sickness or disease, so as to work injury to the health, morals, safety, or general welfare of those living therein;
F. Those having light, air and sanitation facilities which are inadequate to protect the health, safety, or general welfare of human beings who live or may live therein;
G. Those having inadequate facilities for egress in the case of fire or panic, or those having insufficient stairways, elevators, fire escapes, or other means of communication;
H. Those having parts thereof which are so attached that they may fall and injure persons or property;
I. Those that are unsafe, unsanitary, or dangerous to the health, safety, or general welfare of the people of the village because of their condition;
J. Those having been inspected by the County Health Department or a professional engineer appointed by the village which are, after inspection, deemed to be in violation of any provision of the Health Department rules and regulations or which are structurally unsafe or unsound as found by the inspection of the professional engineer;
K. Those existing in violation of any provision of this article, any provision of the Fire Code, any provision of the county health rules and regulations or other applicable provisions of village ordinances, including but not limited to the building code adopted by the village.
SECTION 3-407: DANGEROUS BUILDINGS; BUILDING INSPECTOR
A specially designated building inspector, his authorized representative, or a professional engineer shall, at the direction of the Village Board:
A. Inspect any building, wall, or structure about which complaints are filed by any person to the effect that a building, wall, or structure is or may be existing in a dangerous or unsafe manner;
B. Inspect any building or structure within the jurisdictional area of the village for the purpose of determining whether any conditions exist which render such place a dangerous or unsafe building or structure within the terms of this article;
C. Report to the Village Board the results of the inspection;
D. Appear at all hearings and testify as to the condition of the unsafe or dangerous building or structure.
SECTION 3-408: DANGEROUS BUILDINGS; STANDARDS
In the event that it is determined that any building or structure is unsafe or dangerous the following standards shall be followed in substance in determining whether the structure or building should be repaired, vacated, or demolished:
A. If the unsafe or dangerous building or structure can reasonably be repaired so that it will no longer exist in violation of any of the terms or provisions of this article, it shall be ordered to be repaired.
B. If the unsafe or dangerous building is in such condition as to make it dangerous to the health, morals, safety, or general welfare of its occupants, it shall be ordered to be vacated.
C. In any case where an unsafe or dangerous building or structure cannot be re-paired so that it will no longer exist in violation of the terms or provisions of this article, it shall be demolished. In all cases where the unsafe or dangerous building is a fire hazard existing or erected in violation of the applicable fire codes and regulations, or any other provision of an ordinance of this village, or statute of the state, it shall be demolished.
SECTION 3-409: DANGEROUS BUILDINGS; UNLAWFUL MAINTENANCE
It is hereby determined unlawful to maintain a dangerous building within the corporate
limits of the village or within its zoning jurisdiction.
SECTION 3-410: DANGEROUS BUILDINGS; NUISANCE; PROCEDURE
If the specially designated building inspector or his/her representatives or professional engineer finds that a building or structure is unsafe or dangerous and a nuisance, the Village Board shall:
A. Notify the owner, occupant, lessee, mortgagee, agent or other persons having an interest in the building or structure that it has been found to be an unsafe or dangerous building. The notice will indicate whether the owner must vacate, repair or demolish the building or structure.
B. Set forth in the notice a description of the building or structure deemed unsafe or dangerous, accompanied by a statement of the particulars which make the building or structure unsafe or dangerous and an order requiring the same to be put in such condition as to comply with the terms of this article within such length of time, not exceeding 30 days, as is reasonable;
C. Direct a village employee to place a sign on the building or structure found to be unsafe or dangerous on its exterior near the main entrance which shall set forth that the building or structure is unsafe or dangerous for occupancy and use.
SECTION 3-411: DANGEROUS BUILDINGS; FAILURE TO COMPLY
In case any owner, occupant, lessee, mortgagee, agent or other person having an inter-est in the building or structure shall fail, neglect, or refuse to comply with the notice by or on behalf of the village to repair, rehabilitate or demolish and remove a building or structure which is unsafe or dangerous and a public nuisance, and fails to request a hearing on such determination, the village may proceed with the work specified in the notice to the property owner. A statement of the cost of such work shall be transmitted to the Village Board, which is authorized to levy the cost as a special assessment against the property. Such special assessment shall be a lien on the real estate and shall be collected in the manner provided for special assessments under Nebraska statutes.
SECTION 3-412: DANGEROUS BUILDINGS; DISPUTES
A. In the event that the owner, occupant, lessee, mortgagee, agent or other per-son having an interest in the building or structure disagrees with or disputes the information contained in the notice, such person shall notify the village clerk with a written statement that sets forth the reasons for the disagreement or dispute and the relief re-quested. This written request shall be made within 14 days of mailing of the notice provided by Section 3-403 herein. If written notice is received by the village clerk within 14 days of mailing or delivery of notice, a hearing shall be held before the Village Board, either at a special meeting or at a regularly scheduled monthly meeting. The clerk shall notify the person requesting the hearing, in writing, of the time, place, and date of such hearing.
B. The hearing before the Village Board shall be informal and not governed by the Nebraska Rules of Evidence. Such hearing shall be quasi-judicial in nature and its decision shall be based on the evidence presented at the hearing. The person requesting the hearing may be represented by legal counsel or other representative, may present
witnesses and offer evidence, and may examine and copy, at his/her own expense, and not less than three business days before the hearing, the records of the village regarding the inspection and notice. The Village Board need not make a written finding of fact and may make its pronouncement orally at the hearing. The decision of the council shall be final unless appealed. Failure of the person to attend the hearing shall relieve the council of any further procedures before action is taken as set forth in a notice.
SECTION 3-413: DANGEROUS BUILDINGS; APPEAL
Any person aggrieved by the decision of the Village Board may appeal the decision to the District Court. This appeal shall and must be taken within 30 days of the pronouncement of the council’s decision.
SECTION 3-414: DANGEROUS BUILDINGS; IMMEDIATE HAZARD
In the event the building constitutes an immediate hazard to the life or safety of any per-sons and must be demolished to protect their health or safety, the specially appointed building inspector or professional engineer designated by the Village Board shall report such facts to the council. Upon receipt of such report the village, by and through the Village Board, may immediately contract for the immediate demolition of the unsafe or dangerous building without requiring bids. The cost of such emergency vacation and demolition of unsafe or dangerous buildings or structures shall be levied, equalized, and assessed, as are other special assessments.
Article 5 – Sexual Predators
SECTION 3-501: DEFINITIONS
For purposes of this ordinance:
“Child care facility” means a facility licensed pursuant to the Child Care Licensing Act;
“Reside” means to sleep, live, or dwell at a place, which may include more than one lo-cation and may be mobile or transitory;
“Residence” means a place where an individual sleeps, lives, or dwells, which may include more than one location, and may be mobile or transitory;
“School” means a public, private, denominational, or parochial school which meets the requirements for state accreditation or approval;
“Sex offender” means an individual who has been convicted of a crime listed in Nebr. Rev. Stat. §29-4003 and who is required to register as a sex offender pursuant to the Sex Offender Registration Act; and
“Sexual predator” means an individual required to register under the Sex Offender Registration Act, who has committed an aggravated offense as defined in Neb. Rev. Stat. §29-4001.01 and who has victimized a person 18 years of age or younger.
(Neb. Rev. Stat. §29-4016)
SECTION 3-502: RESIDENCY RESTRICTIONS
It is unlawful for any sexual predator to reside within 500 feet from a school or child care facility. For purposes of determining the minimum distance separation, the distance shall be measured by following a straight line from the outer property line of the residence to the nearest outer boundary line of the school or child care facility. (Neb. Rev. Stat. §29-4017)
SECTION 3-503: EXCEPTIONS
This ordinance shall not apply to a sexual predator who (A) resides within a prison or correctional or treatment facility operated by the state or a political subdivision; (B) established a residence before July 1, 2006, and has not moved from that residence; or (C) established a residence after July 1, 2006, and the school or child care facility triggering the restriction was established after the initial date of the sexual predator's residence at that location. (Neb. Rev. Stat. §29-4017)
Article 6 – Penal Provisions
SECTION 3-601: VIOLATION; PENALTY
Any person who shall violate or refuse to comply with the enforcement of any of the pro-visions of this chapter, set forth at full length herein or incorporated by reference, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500.00 for each offense. A new violation shall be deemed to have been committed every 24 hours of such failure to comply.
SECTION 3-602: ABATEMENT OF NUISANCE
Whenever a nuisance exists as defined in this chapter, the village may proceed by a suit in equity to enjoin and abate the same in the manner provided by law. 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. (Neb. Rev. Stat. §§18-1720, 18-1722)