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                                                            Article 3. Municipal Offenses


§6-301               OFFENSES; DISTURBING THE PEACE. It shall be unlawful for any person to intentionally disturb the peace and quiet of any person, family or neighborhood. (Ref. 28-1322 RS Neb.)


§6-302               OFFENSES; MAINTAINING A NUISANCE. It shall be unlawful for any person to erect, keep up or continue and maintain any nuisance to the injury of any part of the citizens of the Municipality. (Ref 18-1720, 28-1321 RS Neb.)


§6-303               OFFENSES; PROHIBITED FENCES. It shall be unlawful for any person to erect, or cause to be erected, and maintain any barbed wire or electric fence within the corporate limits, where such fence abuts a public sidewalk, street or alley. (Ref 18-1720, 28-1321, 39-705 RS Neb.)


§6-304               OFFENSES; 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 shall first remove all doors and make the same reasonably safe. (Ref 18-1720, 28-1321 RS Neb.)


§6-305               OFFENSES; WEEDS, LITTER, STAGNANT WATER. (1) Lots or pieces of ground within the Municipality shall be drained or filled so as to prevent stagnant water or any other nuisance accumulating thereon.

             (2)        The owner or occupant of any lot or piece of ground within the Municipality shall keep the lot or piece of ground and the adjoining street and alleys free of any growth of six inches (6”) or more in height of weeds, grasses, or worthless vegetation.

             (3)        The throwing, depositing, or accumulation of litter on any lot or piece of ground within the Municipality is prohibited; provided, that grass, leaves, and worthless vegetation may be used as a ground mulch or in a compost pile.

             (4)        It is hereby declared to be a nuisance to permit or maintain any growth of six inches (6”) or more in height of weeds, grasses, or worthless vegetation or to litter or cause litter to be deposited or remain thereon except in proper receptacles.

             (5)        Any owner or occupant of a lot or piece of ground shall, upon conviction of violating this section, be guilty of an offense.

             (6)        Notice to abate and remove such nuisance shall be given to each owner or owner̓s duly authorized agent and to the occupant, if any, by personal service or certified mail. Within five (5) 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 Municipality or fails to comply with the order to abate and remove the nuisance, the Municipality may have such work done. The costs and expenses of any such work shall be paid by the owner. If unpaid for two (2) months after such work is done, the Municipality may either (a) levy and assess the costs and expenses of the work upon the lot or piece of ground so benefitted in the same manner as other special taxes for improvements are levied and assessed or (b) recover in a civil action the costs and expenses of the work upon the lot or piece of ground and the adjoining streets and alleys.

             (7)        For purposes of this section:

             (a)        Litter shall include, but not be limited to: (I) Trash, rubbish, refuse, garbage, paper, rags, and ashes; (ii) Wood, plaster, cement, brick, or stone building rubble; (iii) Grass, leaves, and worthless vegetation; (iv) Offal and dead animals; and (v) Any machine or machines, vehicle or vehicles, 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; and

             (b) Weeds shall include, but not be limited to, bindweed (convolvulus arvensis), puncture vine (tribulus terrestris), leafy spurge (euphorbia esula), Canada thistle (cirsium arvense), 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 (canabis sativa), and ragweed (ambrosiaceae). (Ref 17-563, 18-1720 RS Neb.)


§6-306               OFFENSES; VULGAR LANGUAGE. No person in the Municipality shall use vulgar, profane, or indecent language on any public street or other public place or in any public dance hall, club dance, skating rink, or place of business open to patronage. (Ref 17-505 RS Neb.)


§6-307               OFFENSES; WINDOW-PEEPING. No person in the Municipality shall look, peer, or peep into, or be found loitering around or within view of any window within a building occupied as the residence of another with the intent of watching or looking through said window to observe any person undressed or in the act of undressing. (Ref 17-505 RS Neb.)


§6-308               OFFENSES; 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 which either annoys, disturbs, injures or endangers the comfort, repose, health, peace, or safety of others, within the corporate limits of the Municipality. (Ref. 17-505 RS Neb.)


§6-309               OFFENSES; DISCHARGE OF FIREARMS. It shall be unlawful for any person, except an officer of the law in the discharge of his official duty, to fire or discharge any gun, pistol, or other fowling piece within the Municipality; provided, nothing herein shall be construed to apply to officially sanctioned public celebrations if the persons so discharging firearms have written permission from the Governing Body. (Ref 17-556 RS Neb.)


§6-310               OFFENSES; SLINGSHOTS, AIR GUNS, BB GUNS. It shall be unlawful for any person to discharge a slingshot, air gun, B13 gun, or the like loaded with rock or other dangerous missiles at any time or under any circumstances within the Municipality. (Ref 17-556 RS Neb.)


§6-311               OFFENSES; THROWING OF MISSILES. No person in the Municipality shall throw any stone, snowball or any other missile upon or at any vehicle, building, tree, or other public or private property, or upon or at any person in any public or private way or place or enclosed or unenclosed ground. (Ref 17-505 RS Neb.)


§6-312               OFFENSES; DISORDERLY CONDUCT. It shall be unlawful for any person to engage in conduct or behavior which disturb the peace and good order of the Municipality by clamor or noise, intoxication, drunkenness, fighting, using of obscene or profane language in the streets or other public places, or is otherwise indecent or disorderly conduct or lewd or lascivious behavior. (Ref 17-129, 17-556 RS Neb.)


§6-313               OFFENSES; OBSTRUCTION OF PUBLIC WAYS. It shall be unlawful for any person to erect, maintain, or suffer to remain on any street or public sidewalk a stand, wagon, display, or other obstruction inconvenient to, or inconsistent with, the public use of the same.


§6-314               OFFENSES; CURFEW; DUTY OF PARENT OF GUARDIAN; DEFENSES. (1) It shall be unlawful for any minor under the age of sixteen (16) years to loiter, idle, wander, stroll, or play in or upon any of the streets, roads, alleys, parks or public places of the Municipality or to be found in any vehicle upon the streets, roads, alleys or parks of the Municipality, or other places of public amusement or recreation therein after the hour of 10:00 p.m. of any day until the hour of 5:00 am. of the following day.

             (2)        It shall he unlawful for any parent, guardian, or any adult person having the legal care, custody, or control of any minor under the age of sixteen (16) years to allow or permit such minor to loiter, wander, stroll, idle or play in or about any of the places designated in subsection (1) of this section after the hour of 10:00 p.m. of any day until the hour of 5:00 am. the following day.

             (3)        It is a defense to prosecution under subsections (1) and (2) that the minor was:

             (a)        Accompanied by a parent, guardian, or other adult person having the legal care, custody, or control of such minor;

             (b)        On an errand at the direction of the minor̓s parent, guardian, or other adult person having the legal care, custody, or control of such minor and was using a direct route;

             (c)        In a motor vehicle involved in interstate travel;

             (d)        Engaged in an employment activity, including but not limited to newspaper delivery, and was using a direct route;

             (e)        Involved in an emergency;

             (f)         On the sidewalk abutting the minors residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police officer about the minor̓s presence;

             (g)        Attending an official school or religious activity or returning home by a direct route from an official school or religious activity;

             (h)        Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or

             (I)         Married or had been married or had disabilities of minority removed in accordance with the laws of the State of Nebraska. (Ref 17-505 RS Neb.)


§6-315               OFFENSES; ABANDONED AUTOMOBILES. (1) It shall be unlawful to abandon any automobile on the Municipal streets, highways, alleys, parks or other property. An automobile shall be deemed to be abandoned if left unattended:

(a)        With no number plates affixed thereto, for more than six (6) hours on any public property; or,

(b)        For more than twenty-four (24) hours on any public property, except a portion thereof on which parking is legally permitted; or,

(c)        For more than forty-eight (48) hours, after the parking of such vehicle shall have become illegal, if left on a portion of a public property on which parking is legally permitted; or,

(d)        For more than seven (7) days on private property if left initially without permission of the owner, or after permission of the owner shall be terminated.

             (2)        The title to any automobile so abandoned which at the time of such abandonment, has no number plates of the current year affixed and is of a wholesale value, taking into consideration the condition of such vehicle, of one hundred dollars ($100.00) or less, shall immediately vest in the Municipality. In the event the automobile is licensed for the current year or is of a wholesale value of over one hundred dollars ($100.00), the Municipal Police shall make a reasonable effort to contact the owner of the said automobile by sending a notice to the registered owner, if known; by sending an inquiry to the county it is registered in, if the owner is unknown; or by contacting the Director of Motor Vehicles, if the car is without license plates and the owner is unknown. If notified by the Director of Motor Vehicles that a lien or mortgage exists on said vehicle, notice shall also be sent to the lienholder or mortgagee. Any person claiming such vehicle shall be required to pay the cost of removal and storage of such vehicle. If the owner, lien-holder or mortgagee, is known and does not claim the automobile within five (5) days after the date when the notice was mailed, or upon receiving word from the Director of Motor Vehicles that the owner is unknown, title will immediately vest in the Municipality and the automobile may be sold. Any proceeds from the sale of the automobile less any expenses incurred by the Municipality in such sale shall be held without interest for the benefit of the owner of such vehicle for a period of two (2) years. If not claimed within such period of time, the proceeds shall then be paid into the General Fund.

             (3)        For purposes of this section, public property shall mean any public right-of-way, street, highway, alley, park or other state, county or Municipally-owned property; and private property shall mean any privately-owned property which is not included within the definition of public property.

             (4)        Any person who abandons an automobile as he rein-before defined shall be deemed to be guilty of an offense. (Ref 60-1901 through 60-1911 RS Neb.)


§6-316               OFFENSES; UNLICENSED OR INOPERABLE VEHICLES AND STORAGE CONTAINERS. (1) No person in charge or control of any property within the Municipality, other than Municipal property, whether as owner, tenant, occupant, lessee, or otherwise, shall allow any partially dismantled, inoperable, wrecked, junked, or discarded vehicle to remain on such property for any length of time. This Section shall not apply to a vehicle in an enclosed building or to a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the Municipality.

(2) No person shall place or permit to be placed or remain on any property within the Municipality a freight shipping container to include any steel container designed or constructed for shipping and/or storage larger than 144 cubic feet in size, except for containers placed on premises for temporary storage during periods of construction authorized by a building permit for such construction.


(3) Any vehicle or freight shipping container allowed to remain on property in violation of this section shall constitute a nuisance and shall be abated, and any person violating this section shall be guilty of an offense.