Exeter Village Ordinances - Commissions and Boards

CHAPTER 2 – COMMISSIONS AND BOARDS
ARTICLE 1 – LIBRARY BOARD
SECTION 2-101: LIBRARY; OPERATION AND FUNDING
SECTION 2-102: MEMBERS; TERMS
SECTION 2-103: OFFICERS; MEETINGS
SECTION 2-104: POWERS AND DUTIES
SECTION 2-105: ANNUAL REPORT TO VILLAGE BOARD
SECTION 2-106: LIBRARY; RULES AND REGULATIONS
SECTION 2-107: LIBRARY; COST OF USE; VIOLATION OF RULES
SECTION 2-108: LIBRARY; BOOK REMOVAL
SECTION 2-109: LIBRARY; LOST AND DAMAGED MATERIALS
SECTION 2-110: LIBRARY; UNWANTED BOOKS
ARTICLE 2 – PARK BOARD
SECTION 2-201: PARKS; OPERATION AND FUNDING
SECTION 2-202: MEMBERS; TERMS; COMPENSATION; BOND
SECTION 2-203: OFFICERS; MEETINGS
SECTION 2-204: DUTIES
ARTICLE 3 – SWIMMING POOL
SECTION 2-301: MANAGEMENT
SECTION 2-302: ADMISSION CHARGE
SECTION 2-303: RENTALS
ARTICLE 4 – BOARD OF HEALTH
SECTION 2-401: MEMBERS; TERMS
SECTION 2-402: OFFICERS; MEETINGS
SECTION 2-403: DUTIES
SECTION 2-404: ENFORCEMENT OFFICIAL
SECTION 2-405: STATE RULES
SECTION 2-406: COUNTY HEALTH BOARD
ARTICLE 5 – CEMETERY BOARD
SECTION 2-501: CEMETERY; OPERATION AND FUNDING
SECTION 2-502: MEMBERS
SECTION 2-503: OFFICERS; MEETINGS
SECTION 2-504: DUTIES
SECTION 2-505: CEMETERY; SEXTON
SECTION 2-506: CEMETERY; CONVEYANCE OF LOTS
SECTION 2-507: CEMETERY; FORFEITURE OF LOTS
SECTION 2-508: CEMETERY; LOT TRANSFERS
SECTION 2-509: CEMETERY; PERPETUAL CARE
SECTION 2-510: CEMETERY; DESTRUCTION OF PROPERTY
SECTION 2-511: CEMETERY; BURIAL OF INDIGENTS
SECTION 2-512: CEMETERY; MONUMENTS
SECTION 2-513: CEMETERY; GRAVE DEPTH
SECTION 2-514: CEMETERY; BURIAL PERMIT; DISINTERMENT
ARTICLE 6 – PENAL PROVISION
SECTION 2-601: VIOLATION; PENALTY
CHAPTER 2 – COMMISSIONS AND BOARDS
Article 1 – Library Board
SECTION 2-101: LIBRARY; OPERATION AND FUNDING
The village owns and manages the village library through the Library Board. The Village Board, for the purpose of defraying the cost of the management, purchases, improvements, and maintenance of the library, may each year levy a tax not exceeding the maximum limit prescribed by state law on the actual valuation of all real estate and personal property within the village that is subject to taxation. The revenue from the said tax shall be known as the Library Fund and shall include all gifts, grants, deeds of conveyance, bequests, or other valuable income-producing personal property and real estate from any source for the purpose of endowing the library. The library fund shall at all times be in the custody of the village treasurer. The Library Board shall have the power and authority to appoint the librarian and to hire such other employees as it may deem necessary and may pass such other rules and regulations for the operation of the library as may be proper for its efficient operation. All actions by the Library Board shall be under the supervision and control of the Village Board. (Neb. Rev. Stat. §§51-201, 51-202, 51-211)
SECTION 2-102: MEMBERS; TERMS
A. The Library Board shall consist of five appointed members who shall be residents of the village and who shall serve terms of four years. The Village Board shall appoint the members of the Library Board by a majority vote. No member of the Village Board shall be a member of the Library Board. The terms of members serving on the effective date of a change in the number of members shall not be shortened, and any successors to those members shall be appointed as the terms of those members expire. In case of any vacancy by resignation, removal, or otherwise, the Village Board shall fill the vacancy for the unexpired term.
B. No member shall receive any pay or compensation for any services rendered as a member of the Library Board. The Village Board may require the members of the Library Board to give a bond in a sum set by resolution of the Village Board and conditioned upon the faithful performance of their duties.
(Neb. Rev. Stat. §51-202) (Am. by Ord No. 487, 3/3/99)
SECTION 2-103: OFFICERS; MEETINGS
The Library Board shall meet at such times as the Village Board may designate. At the time of the first meeting in January of each year, the members shall organize by selecting from their number a chairman and secretary. No member of the Library Board shall
serve in the capacity of both chairman and secretary. It shall be the duty of the chair-man to preside at all meetings and to report to the Village Board at its last meeting of the month the findings of the Library Board. It shall be the duty of the secretary to prepare an agenda for all regular and special meetings, to keep the full and correct minutes and records of all meetings and to file the same with the village clerk, where they shall be available for public inspection during office hours within ten working days or before the next board meeting, whichever is earlier. A majority of the board members shall constitute a quorum for the transaction of business. Special meetings may be held upon the call of the chairman or any three board members. (Neb. Rev. Stat. §51-202) (Am. by Ord No. 487, 3/3/99)
SECTION 2-104: POWERS AND DUTIES
The Village Board shall have the authority to appoint a librarian and all other library employees. It shall be the duty of the Library Board to have general charge of the village library and to establish appropriate rules and regulations for the management, operation, and use of the same. The Library Board shall have supervisory authority over all employees of the library including the librarian. All actions of the Library Board shall be subject to the review and supervision of the Village Board. The Library Board shall be responsible for making such reports and performing such additional duties as the Village Board may designate from time to time. (Neb. Rev. Stat. §§51-201, 51-202, 51-211) (Am. by Ord No. 487, 3/3/99)
SECTION 2-105: ANNUAL REPORT TO VILLAGE BOARD
The Library Board shall, in February each year, make a report to the Village Board 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 Village Board may require. The report shall be verified by affidavit of the proper officers of the Library Board. (Neb. Rev. Stat. §51-213)
SECTION 2-106: LIBRARY; RULES AND REGULATIONS
The Library Board shall establish rules and regulations for the governing of the village library and for the preservation and efficient management thereof. By general rules it shall fix and impose penalties and forfeitures for injury to the library grounds, rooms, books, or other property or for failure to return a book. All fees, penalties and forfeitures may be collected in civil action in the event of failure, neglect or refusal to pay the said assessments. (Neb. Rev. Stat. §§51-205, 51-214)
SECTION 2-107: LIBRARY; COST OF USE; VIOLATION OF RULES
Use of the public library shall be free for the inhabitants of the village. The librarian may exclude from the use of the library and reading rooms any person who shall willfully violate or refuse to comply with the rules and regulations established for the government thereof. (Neb. Rev. Stat. §§51-201, 51-212)
SECTION 2-108: LIBRARY; BOOK REMOVAL
It shall be unlawful for any person not authorized by the regulations made by the Library Board to take a book from the library without the consent of the librarian or an authorized employee of the library. Any person removing a book from the library without properly checking it out shall be deemed guilty of an offense. (Neb. Rev. Stat. §51-211)
SECTION 2-109: LIBRARY; LOST AND DAMAGED MATERIALS
Any person who injures or fails to return any item checked out from the library shall forfeit and pay not less than the value of the item in addition to any replacement costs and penalty which the Library Board may assess. (Neb. Rev. Stat. §51-211)
SECTION 2-110: LIBRARY; UNWANTED BOOKS
The Library Board may authorize the sale, exchange, or disposal of any surplus, damaged, defective, obsolete, or duplicate books in the Library. Records shall be kept of any such books so disposed of. (Neb. Rev. Stat. §51-207)
Article 2 – Park Board
SECTION 2-201: PARKS; OPERATION AND FUNDING
A. The village owns and operates the village parks, swimming pool, and other recreational areas through the Park Board. The Village Board, for the purpose of defraying the cost of the care, management, and maintenance of the village parks and swimming pool, may each year levy a tax not exceeding the maximum limit prescribed by state law on the actual valuation of all real estate and personal property within the corporate limits that is subject to taxation. The revenue from the said tax shall be known as the park fund and shall remain in the custody of the village treasurer.
B. The Park Board shall have the authority to adopt rules and regulations for the efficient management of the village parks. The board shall not enter into a contract of any nature which involves an expenditure of funds unless the contract has been approved by resolution of the majority of the members of the Village Board prior to contractual agreement.
SECTION 2-202: MEMBERS; TERMS; COMPENSATION; BOND
The Village Board shall appoint the Park Board, which shall consist of not fewer than three members who are residents of the village. The members shall serve one-year terms of office. The commission members shall serve without compensation and may be required, in the discretion of the Village Board, to give a bond in a sum set by resolution of the Village Board and conditioned upon the faithful performance of their duties. No village board member shall serve on the Park Board while serving a term of office as a member of the Village Board. (Neb. Rev. Stat. §17-952)
SECTION 2-203: OFFICERS; MEETINGS
The Park Board shall meet at such times as the Village Board may designate. At the
time of their first meeting in June of each year, the members shall organize by selecting from their membership a chairman and secretary. No member of the Park Board shall serve in the capacity of both chairman and secretary. 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 village clerk, where they shall be available for public inspection during office hours. A majority of the board members shall constitute a quorum for the transaction of business. Special meetings of the Park Board may be held upon the call of the chair-man or any two members.
SECTION 2-204: DUTIES
The Park Board shall establish appropriate rules and regulations for the management, use, and operation of the village parks and recreation areas. All employees of the village doing work in or for the park shall be under the supervision and direction of the Park Board. The board shall be responsible for making such reports and performing such other duties as the Village Board may, from time to time, designate. All actions of the Park Board shall be subject to the review and control of the Village Board. The board shall be responsible for making such reports and performing such other duties as the Village Board may, from time to time, designate. (Neb. Rev. Stat. §§17-948, 17-951, 17-952)
Article 3 – Swimming Pool
SECTION 2-301: MANAGEMENT
The Village Board shall manage the swimming pool and shall have the power and authority to enact bylaws, rules, and regulations for its efficient operation and for the protection of those using the pool. Suitable penalties may be provided for the violation of such bylaws, rules, and regulations. The board shall have the power and authority to hire and supervise the swimming pool manager and such employees as it may deem necessary (Neb. Rev. Stat. §17-949)
SECTION 2-302: ADMISSION CHARGE
The Village Board may, for the purpose of defraying the expenses involved in maintaining, improving, managing, and beautifying the swimming pool, make a reasonable ad-mission charge for its use by any person. The said charges shall be on file at the office of the village clerk and shall also be posted in a conspicuous place at the pool for public inspection. Such rates may be structured for classes of persons in a reasonable manner; provided, nothing herein shall be construed to permit or allow discrimination on the basis of race, creed, color, or national origin in the classification of persons for admission charges. (Neb. Rev. Stat. §17-949)
SECTION 2-303: RENTALS
The Village Board shall have the authority to rent the swimming pool to such organizations and other persons as it may in its discretion see fit. The Board shall prescribe rules and regulations for such rentals and shall require an appropriate number of qualified lifeguards to be in attendance during the rental period. Such fees and other costs shall be on file at the office of the village clerk and posted in a conspicuous place at the pool. (Neb. Rev. Stat. §17-949)
Article 4 – Board of Health
SECTION 2-401: MEMBERS; TERMS
The Village Board shall appoint a Board of Health consisting of three members, including the chairman of the Village Board, who shall serve as chairman, and two other members. One member shall be a physician or health care provider, if one can be found who is willing to serve. Such physician or health care provider, if appointed, shall be the medical advisor. If the Village Board has appointed a police chief, he may be appointed to the Board of Health and serve as secretary and quarantine officer. The members of the board shall serve one-year terms of office, unless removed by the chairman of the Board of Trustees with the advice and consent of the trustees. (Neb. Rev. Stat. §17-208) (Am. by Ord. No. 466, 10/7/97)
SECTION 2-402: OFFICERS; MEETINGS
The members of the Board of Health shall reorganize at the first meeting in December of each year. No member of the board shall hold more than one board position. The secretary shall keep full and correct minutes and records of all meetings and file the same with the village clerk, where they shall be available for public inspection during office hours. A majority of the board shall constitute a quorum for the purpose of doing business. The board shall meet at such times as the Village Board may designate. Special meetings may be held upon the call of the chairman or any two members of the Board of Health. (Am. by Ord. No. 466, 10/7/97)
SECTION 2-403: DUTIES
It shall be the duty of the Board of Health to enact rules and regulations, which shall have the full force and effect of law to safeguard the health of the people of the Village. The Board shall enforce the rules and regulations and 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 of Nebraska and ordinances of the village relating to nuisances and matters of sanitation which affect the health and safety of the people. The Board shall regularly inspect such premises and businesses as the Village Board may direct. The Board shall be responsible for making such re-ports, prescribing such penalties, and performing such other duties as the Village Board may designate from time to time. All actions of the Board of Health shall be subject to the review and supervision of the Village Board. (Neb. Rev. Stat. §17-208) (Am. by Ord. No. 466, 10/7/97)
SECTION 2-404: ENFORCEMENT OFFICIAL
The police chief, if appointed as the quarantine officer, shall be the chief health officer of the village. It shall then be his duty to notify the Village Board and the Board of Health of health nuisances within the village and its zoning jurisdiction. (Neb. Rev. Stat. §17-208) (Am. by Ord. No. 466, 10/7/97)
SECTION 2-405: STATE RULES
The publication Rules and Regulations Relating to Public Health, Department of Health of the State of Nebraska, is hereby incorporated by reference when the same is applicable to the village, in its present form and as it may hereafter be amended. One copy
of the said publication shall be filed at the office of the village clerk, available for public inspection during office hours. (Neb. Rev. Stat. §18-132)
SECTION 2-406: COUNTY HEALTH BOARD
It shall be the duty of the Board of Health to work closely with the County Health Board in protecting the health and welfare of the residents of the village.
Article 5 – Cemetery Board
SECTION 2-501: CEMETERY; OPERATION AND FUNDING
The village owns and manages the village cemetery through the Cemetery Board. The Village Board, for the purpose of defraying the cost of the care, management, maintenance, and beautification of the cemetery, may each year levy a tax not exceeding the maximum limit prescribed by state law on the actual valuation of all real estate and personal property within the village that is subject to taxation. The revenue from the said tax shall be known as the cemetery fund and shall include all gifts, grants, deeds of conveyance, bequests, money, stocks, bonds, or other valuable income-producing personal property and real estate from any source for the purpose of endowing the cemetery. The cemetery fund shall at all times be in the custody of the village treasurer. All actions of the Cemetery Board shall be subject to the review and supervision of the Village Board. (Neb. Rev. Stat. §§12-301 through 12-403)
SECTION 2-502: MEMBERS
The Village Board shall appoint the Cemetery Board which shall consist of six members who are residents of the village and who shall serve without compensation for a term of three years. Two members shall be appointed each year.
SECTION 2-503: OFFICERS; MEETINGS
At the first meeting in June of each year, the Cemetery Board shall organize by selecting from its membership a chairman and secretary. No member of the board shall hold more than one board office. The secretary shall prepare an agenda for all regular and special meetings and file it with the village clerk at least 24 hours in advance of the meeting, keep the full and correct minutes and records of all meetings and file the same with the village clerk, where they shall be available for public inspection during office hours. A majority of the board members shall constitute a quorum for the purpose of doing business. Special meetings may be held upon the call of the chairman or any three board members.
SECTION 2-504: DUTIES
A. The Cemetery Board shall have the general care, management, and supervision of the village cemetery with the power and authority to limit and regulate the number of cemetery lots that may be owned by the same person; to prescribe rules for en-closing, adorning, and erecting monuments and tombstones on cemetery lots; and to prohibit any diverse or improper use thereof; provided, no religious tests shall be made as to the ownership of lots, the burial therein, and the ornamentation of graves.
B. The Board shall pass rules and regulations for the proper use of the cemetery and prescribe penalties and fines for violations thereof. The Board shall use all revenue received from the sale of lots, gifts, or by devise for the care, management and administration of the cemetery.
SECTION 2-505: CEMETERY; SEXTON
The Cemetery Board shall have the authority to appoint a sexton, who shall perform such duties and make such reports as the board shall direct. It shall be the duty of the sexton to locate and direct the applicant to the correct lot and to dig and excavate or cause the same to be dug and excavated in compliance with the rules and regulations of the Cemetery Board. (Neb. Rev. Stat. §12-403)
SECTION 2-506: CEMETERY; CONVEYANCE OF LOTS
The Village Board may convey cemetery lots by certificate signed by the chairman and countersigned by the village clerk under the village seal, specifying that the person to whom the same is issued is the owner of the lot described therein by number for the purpose of interment. The said certificate shall give a right in fee simple to the proprietor, his or her heirs, and assigns. The certificate shall then be recorded in the office of the county clerk. (Neb. Rev. Stat. §17-941)
SECTION 2-507: CEMETERY; FORFEITURE OF LOTS
If, for three consecutive years, all charges and liens are not paid by the holders of the lot certificates, the said certificates shall be declared forfeited and subject to resale. All certificates sold shall contain a forfeiture clause to the effect that if no interment is made on the said lot and all liens paid, the certificate and the rights under the same may, at the option of the Village Board, be declared null and void and the lot shall be subject to resale. (Neb. Rev. Stat. §17-938)
SECTION 2-508: CEMETERY; LOT TRANSFERS
Any person who wishes to transfer a certificate may do so by surrendering the original certificate to the village clerk. Charges for transfer of certificates and for perpetual care of burial spaces shall be set by the Village Board from time to time by resolution. Upon receipt of the application for transfer and payment of the transfer fee and perpetual care fee, the village clerk shall issue a new certificate. (Neb. Rev. Stat. §17-946)
SECTION 2-509: CEMETERY; PERPETUAL CARE
The village treasurer shall allocate and set apart a percentage of the entire amount paid for lots or burial spaces if the said lots or burial spaces are to be endowed with perpetual care. The fund shall be permanent in nature and as it accumulates shall be invested in such interest-bearing securities as are authorized by state law. The income earned thereon shall be used solely for the purposes of perpetual care for the cemetery lots. Any lot owner who, prior to the purchase of his or her lot, shall not have endowed his or her holdings with perpetual care may do so by paying to the village clerk such sum of money as the Cemetery Board may in each case fix and determine. Thereafter, the owner shall not be liable for the payment of an annual maintenance assessment.
SECTION 2-510: CEMETERY; DESTRUCTION OF PROPERTY
Any person who shall willfully destroy, mutilate, deface, injure, or remove any tomb, monument, or gravestone placed in the cemetery or any fence, railing, or other work for the protection or ornamentation of the cemetery or who shall willfully destroy, cut, break or injure any tree, shrub, or plant shall be deemed to be guilty of an offense. (Neb. Rev. Stat. §17-946)
SECTION 2-511: CEMETERY; BURIAL OF INDIGENTS
Within the village cemetery there shall be included a plot of ground which shall be avail-able for the free burial of indigents and unknown travelers who may die while they are within the village.
SECTION 2-512: CEMETERY; MONUMENTS
Any person desiring to erect a monument, tombstone, or other structure shall first submit an application to the village clerk. The Cemetery Board shall review all such applications and shall give written approval for any permit prior to the issuance of the said permit by the village clerk.
SECTION 2-513: CEMETERY; GRAVE DEPTH
Graves shall not be less than 5 feet deep. Nothing herein shall be construed to prohibit the use of other recognized methods of interring deceased persons if such a burial procedure is approved by the Cemetery Board.
SECTION 2-514: CEMETERY; BURIAL PERMIT; DISINTERMENT
A. All persons desiring to bury a deceased person in the village cemetery shall first be required to file a completed death certificate with the registrar of the county. If it is impossible to complete the certificate of death within the legal period of time prescribed by state law, the funeral director shall notify the registrar and obtain his or her written approval before the burial. The burial permit so issued by the registrar shall then be filed with the village clerk. It shall be unlawful for the sexton or other official to allow the interment of a body without first receiving such permit. The burial permit shall then be countersigned and dated by the sexton. The interment of a body shall be performed under the direct supervision of a licensed funeral director. The applicant shall also file with the burial permit an application containing the name, age, sex, race, and cause of death of the deceased person for the records of the Cemetery Board. Upon completion of the requirements herein, the village clerk shall then issue a village burial permit, which shall entitle the applicant to bury a deceased person in the village cemetery.
B. In the event that the removal of the body of any deceased person is request-ed, the village clerk shall issue no permit until the applicant shall have first complied with the laws of the State of Nebraska with respect to such disinterment.
(Neb. Rev. Stat. §71-605)
Article 6 – Penal Provision
SECTION 2-601: VIOLATION; PENALTY
Any person who shall violate or refuse to comply with the enforcement of any of the provisions 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.

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