Chapter 8

 

POLICE

 

 

Art. 1      General Provisions (§8-101 — 8-104)

Art. 2      Retirement System (§8-201 — 8-220)

Art. 3      General Traffic Regulations (§8-301 — 8-317)

Art. 4      Administration and Enforcement (§8-401 — 8-404)

Art. 5      Abandoned Vehicles (§8-501 — 8-511)

Art. 6      Operation of Vehicles (§8-601 — 8-620)

Art. 7      Traffic Control Devices (§8-701 — 8-706)

Art. 8      Speed Limitations (§8-801 — 8-807)

Art. 9      Stopping, Standing and Parking (§8-901 — 8-944)

Art. 10    Storage of Unlicensed Motor Vehicles on Private Premises (§8-1001 — 8-1004)

Art. 11    Towing and Impoundment of Vehicles (§8-1101 — 8-1115)

Art. 12    (Repealed and Transferred) (§8-1201 — 8-1207)

Art. 13    Animals Generally (§8-1301 — 8-1314)

Art. 14    Household Pets (§8-1401 — 8-1440)

Art. 15    General Offenses (§8-1501 — 8-1516)

Art. 16    Offenses Against Property (§8-1601 — 8-1608)

               Div. II   Graffiti (§8-1625 — 8-1634)

Art. 17    Offenses Against the Public Peace (§8-1701 — 8-1708)

Art. 18    Offenses Against the Person (§8-1801 — 8-1802)

Art. 19    Offenses Against Public Health and Safety (§8-1901 — 8-1905)

Art. 20    Aggravated Public Nuisances (§§8-2001- 8-2010)

 

 

ARTICLE 1.  GENERAL PROVISIONS

 

8-101       POLICE DEPARTMENT; DUTIES

The Police Department shall consist of the Chief of Police and such further number of regular police officers as may be duly ordered by resolution of the Council. The Chief of Police shall, subject to the direction of the City Manager, have control and management of all matters relating to the Police Department, its officers and members, and shall have the custody and control of all property and books belonging to the department. He/she shall devote his/her whole time to the municipal affairs, interests of the City, and to the preservation of peace, order, safety, and cleanliness thereof. The Department shall execute and enforce all laws of the State and City. It shall be the duty of the Department to protect the rights of persons and property. There shall be a proper police force at all fires. The Department shall take notice of all nuisances, impediments, obstructions, and defects in the streets, avenues, alleys, business places, and residences of the City. The Department shall execute, or cause to be executed, the processes issued and shall cause all persons arrested to be brought before the proper court for trial as speedily as possible. The Chief of Police and all regular police officers shall become thoroughly conversant with the laws of the City, and shall see that the same are enforced and shall make sworn complaints against any person or persons for violation of the same.

 

            State Law Reference—Neb. Rev. Stat. 16-323

 

8-102       POLICE DEPARTMENT; RESERVE OFFICER BOND.

No appointment of a law enforcement reserve officer shall be valid until a bond in the amount of two thousand dollars ($2,000.00), payable to the City, has been filed with the City Clerk by the individual appointed, or a blanket surety bond arranged and paid for by the City and bonding all such officers of the City has been filed. Such bonds shall be subject to the provisions of Chapter 11, Article 1, Nebraska Revised Statutes.

 

            State Law Reference—Neb. Rev. Stat. 81-1444

 

8-103       SALE AND DISPOSAL OF ABANDONED, IMPOUNDED OR UNCLAIMED PROPERTY

Sale and Disposal of Abandoned, Recovered, Confiscated, Impounded or Unclaimed Property.  The Chief of Police is hereby empowered to offer for sale and sell at public auction to the highest bidder for cash all personal property, except motor vehicles dealt with in sections 8-507 to 8-509, which may come within the custody of the Police Department by reason of its being abandoned, recovered, confiscated, impounded or unclaimed.  Notice of such sale shall be printed once in a legal newspaper published in the City at least ten (10) days prior to the sale; provided, that no such property shall be offered or sold unless it shall have remained unclaimed by the lawful owner for a period of sixty (60) days after it shall have come within the custody of the Chief of Police or the Police Department, or, in the case of property taken from or deposited by persons arrested, detained or accused of crime, shall have remained unclaimed for a period of sixty (60) days after the discharge, liberation or departure of the person from whom such property was taken or by whom such property was deposited.

      It shall be the responsibility of the Chief of Police to notify the lawful owner, if known, of any such property at least five (5) days prior to the sale, by certified or registered mail, that it will be sold or otherwise disposed of upon a given date.

      All money received from the sale of the unclaimed property shall be paid to the Chief of Police, whose duty it shall be to account for such money collected by him/her to the Director of Finance and Administration, who shall place the same in the police fund.

(Code 1958, 23A.11; Ord. No. 3129, 1, 12-11-79; Code 1980, 31-1)

 

8-104       DISPOSAL OF FIREARMS, ALCOHOLIC BEVERAGES, CONTRABAND, ETC. 

The City Manager is hereby authorized to cause to be destroyed, or to dispose of in such other lawful manner as he/she deems proper, all firearms, alcoholic beverages, contraband or such other property, the possession of which may be unlawful, prohibited or regulated by federal, state or local statutes or ordinances, which may come within the custody of the Police Department by reason of its being abandoned, recovered, confiscated, impounded or unclaimed.

      All such property shall be held for a period of not less than ninety (90) days prior to the disposition, and it shall be the responsibility of the Chief of Police to make such effort as he/she deems reasonable to notify the lawful owner of any such property, prior to its disposal, that it will be destroyed or otherwise disposed of upon a given date.

(Code 1958, 23A.12; Code 1980, 31-2)

 

 

ARTICLE 2.  RETIREMENT SYSTEM

 

8-201       RETIREMENT SYSTEM; APPLICABILITY OF ARTICLE

Sections 8-201 through 8-220 of this Article shall apply to all police officers employed by the City of Kearney.

(Ord. No. 3624, 1, 9-13-83; Code 1980, 31-16)

 

            State Law Reference—Neb. Rev. Stat. 16-1001

 

8-202       RETIREMENT SYSTEM; TERMS, DEFINED

For purposes of sections 8-201 to 8-220, unless the context otherwise requires:

 

Actuarial equivalent:  The equality in value of the aggregate amount of benefit expected to be received under different forms of benefit or at different times determined as of a given date as adopted by the City or the retirement committee for use by the retirement system.  Actuarial equivalencies shall be specified in the funding medium established for the retirement system, except that if benefits under the retirement system are obtained through the purchase of an annuity contract, the actuarial equivalent of any such form of benefit shall be the amount of pension benefit which can be purchased or otherwise provided by the police officer’s retirement value.  All actuarial and mortality assumptions adopted by the City or Retirement Committee shall be on a sex-neutral basis.

 

Annuity contract:  The contract or contracts issued by one (1) or more life insurance companies and purchased by the retirement system in order to provide any of the benefits described in section 8-201 to 8-220.  Annuity conversion rates contained in any such contract shall be specified on a sex-neutral basis.

 

Beneficiary:  The person or persons designated by a police officer, pursuant to a written instrument filed with the Retirement Committee before the police officer’s death, to receive death benefits which may be payable under the retirement system.

 

Funding agent: Any bank, trust company, life insurance company, thrift institution, credit union, or investment management firm selected by the City or Retirement Committee to hold or invest the funds of the retirement system.

 

Regular interest:  The rate of interest earned each calendar year commencing January 1, 1984, equal to the rate of net earnings realized for the calendar year from investments of the Retirement Fund.  Net earnings shall mean the amount by which income or gain realized from investments of the retirement fund exceeds the amount of any realized losses from such investments during the calendar year.

 

Regular pay: The average salary of a police officer for the five years preceding the date such police officer elects to retire, the five years preceding his/her death, or the five years preceding the date of disability, whichever is earliest, except that for any police officer who retires, dies, or becomes disabled after July 15, 1992, regular pay shall mean the average salary of the police officer for the period of five consecutive years preceding such retirement, death, or disability which produces the highest average.

 

Retirement committee:  The Retirement Committee created pursuant to section 8-214.

 

Retirement system:  A retirement system established pursuant to sections 8-201 to 8-220.

 

Retirement value:  The accumulated value of the police officer’s employee account and employer account.  The retirement value shall consist of the sum of the contributions made or transferred to such accounts by the police officer and by the City on the police officer’s behalf and the regular interest credited to the accounts as of the date of computation, reduced by any realized losses which were not taken into account in determining regular interest in any year, and further adjusted each year to reflect the pro rata share for the accounts of the appreciation or depreciation of the fair market value of the assets of the retirement system as determined by the Retirement Committee.  The retirement value shall be reduced by the amount of all distributions made to or on the behalf of the police officer from the retirement system.  Such valuation shall be computed annually as of December 31.  If separate investment accounts are established pursuant to subsection (3) of section 8-204, a police officer’s retirement value with respect to such accounts shall be equal to the value of his/her separate investment accounts as determined under such subsection.

 

Salary:  All amounts paid to a participating police officer by the employing city for personal services as reported on the participant’s federal income tax withholding statement, including the police officer’s contributions picked up by the City as provided in subsection (2) of section 8-205 and any salary reduction contributions which are excludable from income for Federal income tax purposes pursuant to section 125 or 457 of the Internal Revenue Code of 1986, as amended.

 

Straight life annuityAn ordinary annuity payable for the life of the primary annuitant only and terminating at his/her death without refund or death benefit of any kind.

(Ord. No. 3624, 2, 9-13-83; Code 1980, 31-17)

 

            State Law Reference—Neb. Rev. Stat. 16-1002

 

8-203       RETIREMENT SYSTEM; CREDIT FOR SERVICE

A police officer shall be credited with all years of his/her service after the year 1965, for the purpose of determining vested retirement benefits under sections 8-201 through 8-220 of this Article.

(Ord. No. 3624, 3, 9-13-83; Code 1980, 31-18)

 

            State Law Reference—Neb. Rev. Stat. 16-1003

 

8-204       POLICE OFFICERS RETIREMENT SYSTEM FUND; ADMINISTRATION; TRANSFER OF CONTRIBUTIONS; SYSTEM FUNDING; SEPARATE INVESTMENT ACCOUNTS. 

A.   Commencing on January 1, 1984, the City shall keep and maintain a Police Officers Retirement System Fund for the purpose of investing payroll deductions and City contributions to the retirement system.  The fund shall be maintained separate and apart from all City money and funds.  The fund shall be administered under the direction of the City and the Retirement Committee exclusively for the purposes of the retirement system and for the benefit of participating police officers and their beneficiaries.  The fund shall be established as a trust under the laws of this state for all purposes of section 401(a) of the Internal Revenue Code of 1986, as amended.  All of the contributions made by a police officer prior to January 1, 1984, will be transferred to the police officer’s employee account without interest.  Regular interest shall begin to accrue on the contributions transferred into the fund from January 1, 1984.  Such funds shall be invested in the manner prescribed in section 8-216.

B.   The City shall establish a medium for funding of the retirement system, which may be a pension trust fund, custodial account, group annuity contract, or combination thereof, for the purpose of investing money for the retirement system in the manner prescribed by section 8-216 and to provide the retirement, death, and disability benefits for police officers pursuant to sections 8-201 to 8-220.  The trustee or custodian of any trust fund may be a designated funding agent which is qualified to act as a fiduciary or custodian in this state, the Director of Finance and Administration, a city officer authorized to administer funds of the City, or a combination thereof.

C.   Upon direction of the City, there may be established separate investment accounts for each participating police officer for the purpose of allowing each police officer to direct the investment of all or a portion of his/her employee account or employer account subject to the requirements of section 8-216 and any other rules or limitations that may be established by the City or the Retirement Committee. If separate investment accounts are established, each account shall be separately invested and reinvested, separately credited with all earnings and gains with respect to the investment of the assets of the investment account, and separately debited with the losses of the account. Each investment account shall be adjusted each year to reflect the appreciation or depreciation of the fair market value of the assets held in such account as determined by the retirement committee.  The expenses incurred by the retirement system when a police officer directs the investment of all or a portion of his/her individual investment account shall be charged against the police officer’s investment account and shall reduce the police officer’s retirement value.

(Ord. No. 3624, 4, 9-13-83; Code 1980, 31-19)

 

            State Law Reference—Neb. Rev. Stat. 16-1004

 

8-205       CONTRIBUTION BY POLICE OFFICER; AMOUNT; CITY; PICK UP OFFICERS’ CONTRIBUTIONS; VOLUNTARY CONTRIBUTIONS

A.   Each police officer participating in the retirement system shall contribute to the retirement system a sum equal to six percent of his/her salary.  Such payment shall be made by regular payroll deductions from his/her periodic salary and shall be credited to his/her employee account on a monthly basis.  Each such account shall also be credited with regular interest.

B.   The City shall pick up the police officers’ contributions required by subsection (1) of this section for all compensation paid on or after January 1, 1984, and the contributions so picked up shall be treated as employer contributions in determining federal tax treatment under the Internal Revenue Code of 1986, as amended, except that the City shall continue to withhold federal income taxes based upon these contributions until the Internal Revenue Service or the federal courts rule that, pursuant to section 414(h) of the Internal Revenue Code of 1986, as amended, these contributions shall not be included as gross income of the employee until such time as they are distributed from the retirement system.  The City shall pay these employee contributions from the same source of funds which is used in paying earnings to the employee.  The City shall pick up these contributions by a salary deduction either through a reduction in the cash salary of the employee or a combination of a reduction in salary and offset against a future salary increase.  A police officer shall not be given an option to choose to receive the amount of the required contribution in lieu of having such contribution paid directly to the retirement system.

C.   Each police officer participating in the retirement system shall be entitled to make voluntary cash contributions to the retirement system in an amount not to exceed the contribution limitations established by the Internal Revenue Code of 1986, as amended.  Voluntary contributions shall be credited to the police officer’s employee account and shall thereafter be credited with regular interest.  A police officer’s voluntary contribution shall become a part of the Police Officers Retirement System Fund and shall be held, administered, invested, and distributed in the same manner as any other employee contribution to the retirement system.

(Ord. No. 3624, 5, 9-13-83; Code 1980, 31-20)

 

            State Law Reference—Neb. Rev. Stat. 16-1005

 

8-206       CONTRIBUTIONS BY CITY; AMOUNT; HOW CREDITED; INTEREST; WHEN

Beginning January 1, 1984, the City shall contribute to the retirement system a sum equal to six percent of each such participating police officer’s periodic salary.  Such payment shall be contributed as provided in subsection (1) of section 8-205 for employee contributions and shall be credited to his/her employer account on a monthly basis.  Each such account shall also be credited with regular interest.  The City shall also contribute to the employer account of any police officer employed by the City on January 1, 1984, and amount equal to the employee contributions of such police officer that were made to the City prior to January 1, 1984, without interest, with such contribution to be made at the time the police officer retires or terminates employment with the City.  The City may contribute such amount before the police officer’s retirement or termination of employment or credit interest on such contribution.

(Ord. No. 3624, 6, 9-13-83; Code 1980, 31-21)

 

            State Law Reference—Neb. Rev. Stat. 16-1006

 

8-207       RETIRING OFFICER; ANNUITY OPTIONS; HOW DETERMINED; LUMP-SUM PAYMENT OPTION

A.   At any time before the retirement date, the retiring police officer may elect to receive at his/her retirement date a pension benefit either in the form of a straight life annuity or any optional form of annuity benefit established by the Retirement Committee and provided under a purchased annuity contract. The optional annuity benefit shall be specified in the funding medium for the retirement system and shall include a straight life annuity with a guarantee of at least sixty monthly payments or an annuity payable for the life of the retiring police officer and, after the death of the retiree, monthly payments, as elected by the retiring police officer, of either one hundred percent (100%), seventy-five percent (75%), or fifty percent (50%) of the amount of annuity payable to the retiring police officer during his/her life, to the beneficiary selected by the retiring police officer at the time of the original application for an annuity.  For any police officer whose retirement date is on or after January 1, 1997, the optional benefit forms for the retirement system shall include a single lump-sum payment of the police officer’s retirement value.  For police officers whose retirement date is prior to January 1, 1997, a single lump-sum payment shall be available only if the City has adopted such distribution option in the funding medium established for the retirement system.  The retiring police officer may further elect to defer the date of the first annuity payment or lump-sum payment to the first (1st) day of any specified month prior to age seventy (70).  If the retiring police officer elects to receive his/her pension benefit in the form of an annuity, the amount of annuity benefit shall be the amount paid by the annuity contract purchased or otherwise provided by his/her retirement value as of the date of the first (1st) payment.  Any such annuity contract purchased by the retirement system may be distributed to the police officer and, upon such distribution, all obligations of the retirement system to pay retirement, death, or disability benefits to the police officer and his/her beneficiaries shall terminate, without exception.

B.   For all officers employed on January 1, 1984, and continuously employed by the City from such date through the date of their retirement, the amount of the pension benefit, when determined on the straight life annuity basis, shall not be less than the following amounts:

1.   If retirement occurs following age sixty (60) and with twenty-five (25) years of service with the City, or twenty-one (21) years of service if hired prior to November 18, 1965, fifty percent (50%) of regular pay; or

2.   If retirement occurs following age fifty-five (55) but before age sixty (60) and with twenty-five (25) years of service with the City, forty percent (40%) of regular pay.

                  A police officer entitled to a minimum pension benefit under this subsection may elect to receive such pension benefit in any form permitted by subsection (1) of this section, including a single lump-sum payment, if the officer retires on or after January 1, 1997, or if the City has adopted a lump-sum distribution option for officers retiring before January 1, 1997, in the funding medium for the retirement system.  If the minimum pension benefit is paid in a form other than a straight-life annuity, such benefit shall be the actuarial equivalent of the straight-life annuity that would otherwise be paid to the officer pursuant to this subsection.

                  If the police officer chooses the single lump-sum payment option, the officer can request that the actuarial equivalent be equal to the average of the cost of three (3) annuity contracts purchased on the open market.  Of the three (3) annuity contracts used for comparison, one (1) shall be chosen by the police officer, one (1) shall be chosen by the Retirement Committee, and one shall be chosen by the City.

C.   If the retirement value of an officer entitled to a minimum pension benefit under subsection (2) of this section is not sufficient at the time of the first (1st) payment to purchase or provide the required pension benefit, the City shall transfer such funds as may be necessary to the employer account of the police officer so that the retirement value of such officer is sufficient to purchase or provide for the required pension benefit.

D.   Any retiring police officer whose pension benefit is less than twenty-five dollars ($25.00) per month on the straight life annuity option shall be paid a lump-sum settlement equal to the retirement value and shall not be entitled to elect to receive annuity benefits.

(Ord. No. 3624, 7, 9-13-83; Code 1980, 31-22)

 

            State Law Reference—Neb. Rev. Stat. 16-1007

 

8-208       RETIREMENT OPTIONS; RETIREMENT DATE

A.   A police officer may:

1.   Elect to retire and receive the applicable pension benefit provided in section 8-207 based on his/her full retirement value upon the attainment of age sixty (60);

2.   Elect to take early retirement and receive the applicable pension benefit provided in section 8-207 if he/she has attained the age of fifty-five (55) and has completed twenty-five (25) years of service with the City; or

3.   Retire as a result of disability while in the line of duty, as determined under section 8-211, at any age, and receive the applicable pension benefit provided in section 8-211.

B.   A police officer who is eligible to retire pursuant to subsection (1) of this section but does not, shall continue to contribute to his/her employee account, and the City shall continue to contribute to his/her employee account and to his/her employer account.

C.   The first of the month immediately following the last day of work shall be the retirement date.

(Ord. No. 3624, 8, 9-13-83; Code 1980, 31-23)

 

            State Law Reference—Neb. Rev. Stat. 16-1008

 

8-209       POLICE OFFICER; DEATH OTHER THAN IN THE LINE OF DUTY; PENSION BENEFIT PAYABLE

A.   When prior to retirement any police officer participating in the retirement system dies other than in the line of duty and except as provided in subsection (2) of this section, the entire retirement value shall be payable to the beneficiary or beneficiaries specified by the deceased police officer prior to his/her death or to the deceased police officer’s estate if no beneficiary was specified.  The retirement value or portion thereof to be received by the beneficiary may be paid in the form of a single lump-sum payment, straight life annuity, or other optional form of benefit specified in the retirement system’s funding medium.  If benefits are paid in the form of an annuity, the annuity shall be the amount paid by the annuity contract purchased or otherwise provided by the amount of the beneficiary’s share of the retirement value as of the date of the first payment.  Upon the purchase and distribution of such annuity contract to the beneficiary, all obligations of the retirement system to the beneficiary shall terminate, without exception.

B.   If any police officer employed by such city as a member of its paid Police Department on January 1, 1984, except those who shall have been formerly employed in such department who are now in military service, dies while employed by the City as  a police officer, other than in the line of duty, after becoming fifty-five (55) years of age and before electing to retire, and after serving in the paid Police Department of such city for at least twenty-one (21) years, then a pension of at least twenty-five percent (25%) of his/her regular pay in the form of a straight life annuity shall be paid to the surviving spouse of such deceased police officer.  If the deceased police officer is not survived by a spouse or if the surviving spouse dies before the children of the police officer attain the age of majority, the pension benefit shall be paid to the police officer’s minor children until they attain the age of majority.  Each such child shall share equally in the total pension benefit to the age of his/her majority, except that as soon as a child attains the age of majority, such pension as to such child shall cease.  To the extent that the retirement value at the date of death exceeds the amount required to purchase the specified pension, the excess shall be paid in the manner provided in subsection (1) of this section.  If the actuarial equivalent of the pension benefit payable under this subsection exceeds the retirement value at the time of the first payment, the City shall contribute such additional amounts as may be necessary to purchase or provide for the required pension benefit.  If a deceased police officer described in this subsection is not survived by a spouse or minor children, his/her death benefits shall be provided under subsection (1) of this section as if such officer was not employed by the City on January 1, 1984.

C.   Any payments for the benefit of a minor child shall be made on behalf of the child to the surviving parent or, if there is no surviving parent, to the legal guardian of the child.

(Ord. No. 3624, 9, 9-13-83; Code 1980, 31-24)

 

            State Law Reference—Neb. Rev. Stat. 16-1009

 

8-210       POLICE OFFICER; DEATH IN THE LINE OF DUTY; BENEFICIARIES; RETIREMENT BENEFITS

When prior to retirement any police officer participating in the retirement system dies in the line of duty or in case death is caused by or is the result of injuries received while in the line of duty and if such police officer is not survived by a spouse or by minor children, the entire retirement value shall be payable to the beneficiary specified by the deceased police officer prior to his/her death or to the deceased police officer’s estate if no beneficiary was specified.  The retirement value or portion thereof to be received by the beneficiary may be paid in the form of a single lump-sum payment, straight life annuity, or other optional form of benefit specified in the retirement system’s funding medium.  For a police officer who is survived by a spouse or minor children, a retirement pension of fifty percent (50%) of regular pay shall be paid to the surviving spouse or, upon his/her remarriage or death, to the minor children during each child’s minority subject to deduction of the amounts paid as workers’ compensation benefits on account of death as provided in section 8-212.  Each such child shall share equally in the total pension benefit to the age of his/her majority, except that as soon as a child attains the age of majority, such pension as to such child shall cease.  Any payments for the benefit of a minor child shall be made on behalf of such child to the surviving parent or, if there is no surviving parent, to the legal guardian of the child.  To the extent that the retirement value at the date of death exceeds the amount required to purchase or provide the specified retirement pension, as reduced by any amounts paid as workers’ compensation benefits, the excess shall be paid in the manner provided in subsection (1) of section 8-209.  If the actuarial equivalent of the pension benefit payable to a surviving spouse or minor children under this section exceeds the retirement value at the time of the first payment, the City shall contribute such additional amount as may be necessary to purchase or provide for the required pension benefit.

(Ord. No. 3624, 10, 9-13-83; Code 1980, 31-25)

 

            State Law Reference—Neb. Rev. Stat. 16-1010

 

8-211       POLICE OFFICER; DISABILITY IN THE LINE OF DUTY; BENEFIT; REQUIREMENTS

A.   If any police officer becomes disabled, such police officer shall be placed upon the roll of pensioned police officers at the regular retirement pension of fifty percent (50%) of regular pay for the period of such disability.  For purposes of this section, disability shall mean the complete inability of the police officer, for reasons of accident or other cause while in the line of duty, to perform the duties of a police officer.

B.   No disability benefit payment shall be made except upon adequate proof furnished to the City, such proof to consist of a medical examination conducted by a competent, disinterested physician who is duly licensed to practice medicine and surgery in this State and who certifies to the City that the police officer is unable to perform the duties of  a police officer.  The City, during the first three (3) years of the payment for such benefits, shall have the right, at reasonable times, to require the disabled police officer to undergo a medical examination at the City’s expense to determine the continuance of the disability claimed.  After such three-year period, the City may request the district court to order the police officer to submit proof of the continuance of the disability claimed if the City has reasonable grounds to believe the police officer is fraudulently receiving disability payments.  The City shall have the right to demand a physical examination of the police officer by a competent, disinterested physician who is duly licensed to practice medicine and surgery in this State, and who is chosen by the City.  The expense of such examination shall be borne by the City.

C.   In case of temporary disability of a police officer received while in the line of duty, he/she shall receive his/her salary during the continuance of such disability for a period not to exceed twelve (12) months, except that if it is ascertained by the Council or other proper municipal authorities within twelve (12) months that such temporary disability has become a disability as defined in this section, then the salary shall cease and he/she shall be entitled to the benefits for pensions in case of disability as provided in this section.

D.   All payments of pension or salary provided by this section shall be subject to deduction of amounts paid under the Nebraska Workers’ Compensation Act.  Such payments shall not commence until all credit for unused annual or sick leave and other similar credits have been fully utilized by the disabled police officer if there will be no impairment to his/her salary during the period of disability.  Total payments to a disabled police officer, in excess of amounts paid as workers’ compensation benefits, shall not be less than the retirement value at the date of disability.  If the actuarial equivalent of the disability pension payable under this section exceeds the police officer’s retirement value at the time of the first payment, the City shall contribute such additional amounts as may be necessary, from time to time, to provide for the required disability pension.

E.   If a police officer who was pensioned under this section is later determined to be no longer disabled, the pension provided for under this section shall terminate and the police officer’s vested retirement value, as reduced by any disability payments made from the retirement system, shall thereafter be held and administered in the same manner as for any non-disabled police officer or former police officer.

F.   If a police officer who has pensioned under this section is later determined to be no longer disabled during the first three (3) years when disability benefit payments are being paid the police officer may return to duty with the police force under the following conditions:

1.   If a vacancy exists on the police force for which the police officer is qualified and the police officer wishes to return to the police force, the City shall hire the police officer to fill the vacancy at a pay grade of not less than his/her previous pay grade; or

2.   If no vacancy exists on the police force and the police officer wishes to return to the police force, the City may create a vacancy under the City’s reduction in force policy adopted under the Civil Service Act and rehire the officer at a pay grade of not less than his/her previous pay grade.

      The provisions of this subsection shall not apply to a police officer whose disability benefit payments are terminated because of fraud on the part of the police officer.

(Ord. No. 3624, 11, 9-13-83; Code 1980, 31-26)

 

            State Law Reference—Neb. Rev. Stat. 16-1011

 

8-212       PAYMENT OF BOTH SALARY AND BENEFITS IN FULL DURING TEMPORARY DISABILITY; PROHIBITED

No police officer shall be entitled during any period of temporary disability to receive in full both his/her salary and his/her benefits under Chapter 48, Article 1.  All Nebraska workers’ compensation benefits shall be payable in full to such police officer as provided in Chapter 48, Article 1, but all amounts paid by the City or its insurer under sections 8-201 through 8-220 of this Article to any disabled police officer entitled to receive a salary during such disability shall be considered as payments on account of such salary and shall be credited thereon.  The remaining balance of such salary, if any, shall be payable as otherwise provided in sections 8-201 through 8-220 of this Article.

(Ord. No. 3624, 12, 9-13-83; Code 1980, 31-27)

 

            State Law Reference—Neb. Rev. Stat. 16-1012

 

8-213       POLICE OFFICER; TERMINATION OF EMPLOYMENT; BENEFITS; HOW TREATED; VESTING SCHEDULE

If a police officer quits or is discharged before his/her normal or early retirement date, the officer may request and receive as a lump-sum payment an amount equal to the retirement value of his/her employee account as determined at the valuation date preceding his/her termination of employment.  Such police officer, if vested, shall also receive a deferred pension benefit in an amount purchased or provided by the retirement value at the date of retirement.  The retirement value at such retirement date shall consist of the accumulated value of the police officer’s employee account, as reduced by any lump-sum distributions received prior to retirement, together with a vested percentage of the accumulated value of the police officer’s employer account at the date of retirement.

      The vesting schedule shall be as follows:

      A.   If the terminated police officer has been a member of the system for less than four (4) years, such vesting shall be nil;

      B.   If the terminating officer has been a member of the paid department of the City of the first class for at least four (4) years, such vesting percentage shall be forty percent (40%).  Such vesting percentage shall be fifty percent (50%) after five (5) years, sixty percent (60%) after six (6) years, seventy percent (70%) after seven (7) years, eighty percent (80%) after eight (8) years, ninety percent (90%) after nine (9) years, and one hundred percent (100%) after ten (10) years; and

      C.   All police officers shall be one hundred percent (100%) vested upon attainment of age sixty (60) while employed by the City as a police officer.

      The deferred pension benefit shall be payable on the first (1st) of the month immediately following the police officer’s sixtieth (60th) birthday.  At the option of the terminating police officer, such pension benefit may be paid as of the first (1st) of the month after such police officer attains the age of fifty-five (55). Such election may be made by the police officer any time prior to the payment of the pension benefits. The deferred pension benefit shall be paid in the form of the benefit options specified in subsection (1) of section 8-207 as elected by the police officer.  If the police officer’s vested retirement value at the date of his/her termination of employment is less than three thousand five hundred dollars ($3,500.00), the City may elect to pay such police officer his/her vested retirement value in the form of a single lump-sum payment.

      Effective January 1, 1997, a police officer may elect upon his/her termination of employment to receive his/her vested retirement value in the form of a single lump-sum payment.  For a police officer whose termination of employment is prior to January 1, 1997, this election shall be available only if the City has adopted a lump-sum distribution option for terminating police officers in the funding medium established for the retirement system.

      Upon any lump-sum payment of a terminating police officer’s retirement value under this section, such police officer will not be entitled to any deferred pension benefit and the City and the retirement system shall have no further obligation to pay such police officer or his/her beneficiaries any benefits under sections 8-201 to 8-220.

      If the terminating police officer is not credited with one hundred percent (100%) of his/her employer account, the nonvested portion of the account shall be forfeited and first used to meet the expense charges incurred by the City in connection with administering the police officers retirement system and the remainder shall then be used to reduce the City contribution which would otherwise be required to fund pension benefits.

(Ord. No. 3624, 13, 9-13-83; Code 1980, 31-28)

 

            State Law Reference—Neb. Rev. Stat. 16-1013

 

8-214       RETIREMENT COMMITTEE; ESTABLISHED; GOVERNING BODY; RESPONSIBILITIES

A retirement committee shall be established to supervise the general operation of the retirement system established pursuant to sections 8-201 to 8-220.  The Council shall continue to be responsible for the general administration of such retirement system unless specific functions or all functions with regard to the administration of the retirement system are delegated, by ordinance, to the Retirement Committee.  Whenever duties or powers are vested in the City or the Retirement Committee under such sections or whenever such sections fail to specifically allocate the duties or powers of administration of the retirement system, such powers or duties shall be vested in the City unless such powers or duties have been delegated by ordinance to the Retirement Committee.  The City and the Retirement Committee shall have all powers which are necessary for or appropriate to establishing, maintaining, managing, and administering the retirement system.

(Ord. No. 3624, 14, 9-13-83; Code 1980, 31-29)

 

            State Law Reference—Neb. Rev. Stat. 16-1014

 

8-215       RETIREMENT COMMITTEE; COMPOSITION; TERM OF OFFICE; COMPENSATION

Each retirement committee established pursuant to section 8-214 of this article shall consist of members from both the police force and designees of the Council.  The committee shall consist of six (6) members, of which, four (4) members shall be selected by the officers from the police force of the City.  Election of police officers shall be by secret ballot.  Results of the election shall be verified by the City Clerk.  The City Manager and Finance Director of the City shall be and are hereby appointed to the committee.  The members who are not participants in such retirement system shall have a general knowledge of retirement plans.  The committee members shall be appointed to four-year terms, commencing October 1, 1983.  Vacancies shall be filled for the remainder of the term by a person with the same representation as his/her predecessor.  Members of the retirement committee shall receive no salary and shall not be compensated for expenses.

(Ord. No. 3624, 15, 9-13-83; Ord. No. 3985, 1, 2-23-88; Code 1980, 31-30)

 

            State Law Reference—Neb. Rev. Stat. 16-1015

 

8-216       RETIREMENT SYSTEM FUNDS; CONTRACTS FOR INVESTMENTS

The funds of the retirement system shall be invested under the general direction of the Retirement Committee.  The City or the Retirement Committee if delegated such function by the City shall select and contract with a funding agent or agents to hold or invest the assets of the retirement system and to provide for benefits provided by sections 8-201 to 8-220.  The City or Committee may select and contract with investment managers registered under the Investment Advisers Act of 1940 to invest, reinvest, and otherwise manage such portion of the assets of the retirement system as may be assigned by the City or Committee.  All funds of the retirement system shall be invested pursuant to the policies established by the Nebraska Investment Council.

(Ord. No. 3624, 16, 9-13-83; Code 1980, 31-31)

 

            State Law Reference—Neb. Rev. Stat. 16-1016

 

8-217       RETIREMENT SYSTEM FUNDS; DUTIES GENERALLY.

It shall be the duty of the Retirement Committee to:

      A.   Provide each employee a summary of plan eligibility requirements and benefit provisions;

      B.   Provide, within thirty (30) days after a request is made by a participant, a statement describing the amount of benefits such participant is eligible to receive;

      C.   Make available for review an annual report of the system’s operations describing both: (1) the amount of contributions to the system from both employee and employer sources; and (2) an identification of the total assets of the retirement system; and

      D.   Have an analysis made of the investment return that has been achieved on the assets of the retirement system administered by the Committee.  Such analysis shall be prepared as of January 1, 1988, and each five (5) years thereafter. The analysis shall be prepared by an independent private organization which has demonstrated expertise to perform this type of analysis and which is unrelated to any organization offering investment advice or which provides investment management services to the retirement system.

(Ord. No. 3624, 17, 9-13-83; Code 1980, 31-32)

 

            State Law Reference—Neb. Rev. Stat. 16-1017

 

8-218       TERMINATION OF EMPLOYMENT; TRANSFER OF BENEFITS; WHEN

If a police officer terminates his/her employment for the purpose of becoming a police officer employed by another city of the first class in Nebraska and such new employment commences within one hundred twenty (120) days of such termination, such police officer shall be entitled to transfer to the Police Officers Retirement System Fund of the city by which he/she is newly employed, the full amount of his/her employee account and the vested portion of the value of his/her employer account at the time of termination.  The transferred funds shall be directly transferred to the police officer’s employee account in the retirement system of the city to which transferred and administered by the Retirement Committee of the City to which transferred. Upon such transfer, the City and the retirement system shall have no further obligation to such police officer or his/her beneficiary.  Following the commencement of new employment, the transferring police officer shall be deemed a new employee for all purposes of the retirement system of the city to which he/she transferred.

(Ord. No. 3624, 18, 9-13-83; Code 1980, 31-33)

 

            State Law Reference—Neb. Rev. Stat. 16-1018

 

8-219       EXEMPTION FROM LEGAL PROCESS; ADMINISTRATION; REQUIREMENTS; RETIREMENT COMMITTEE; POWERS AND DUTIES; REVIEW OF ADJUSTMENT; TAX LEVY AUTHORIZED

A.   The right to any benefits under the retirement system and the assets of any fund of the retirement system shall not be assignable or subject to execution, garnishment, attachment, or the operation of any bankruptcy or insolvency laws, except that the retirement system may comply with the directions set forth in a qualified domestic relations order meeting the requirements of section 414(p) of the Internal Revenue Code of 1986, as amended.  The City or Retirement Committee may require appropriate releases from any person as a condition to complying with any such order.  The retirement system shall not recognize any domestic relations order which alters or changes benefits, provides for a form of benefit not otherwise provided for by the retirement system, increases benefits not otherwise provided by the retirement system, or accelerates or defers the time of payment of benefits.  No participant or beneficiary shall have any right to any specific portion of the assets of the retirement system.

B.   The retirement system shall be administered in a manner necessary to comply with the tax-qualification requirements applicable to government retirement plans under section 401(a) of the Internal Revenue Code of 1986, as amended, including section 401(a)(9) relating to the time and manner in which benefits are required to be distributed, section 401(a)(16) relating to compliance with the maximum limitation on the plan benefits or contributions under section 415, section 401(a)(17) which limits the amount of compensation which can be taken into account under a retirement plan, and section 401(a)(25) relating to the specification of actuarial assumptions.  Any requirements for compliance with section 401(a) of the Internal Revenue Code of 1986, as amended, may be set forth in any trust or funding medium for the retirement system.  This subsection shall be in full force and effect only so long as conformity with section 401(a) of the Internal Revenue Code of 1986, as amended, is required for public retirement systems in order to secure the favorable income tax treatment extended to sponsors and beneficiaries of tax-qualified retirement plans.

C.   If the Retirement Committee determines that the retirement system has previously overpaid or underpaid a benefit payable under sections 8-201 to 8-220, it shall have the power to correct such error.  In the event of an overpayment, the retirement system may, in addition to any other remedy that the retirement system may possess, offset future benefit payments by the amount of the prior overpayment, together with regular interest thereon.

D.   A police officer whose benefit payment is adjusted by the Retirement Committee pursuant to subsection C. of this section may request a review by the Council of the adjustment made by the Retirement Committee.

E.   In order to provide the necessary amounts to pay for or fund a pension plan established under sections 8-201 to 8-220, the Mayor/President and Council may make a levy in addition to the multiple levies or the all-purpose and exclusive levy which such City is authorized by law to make.

 

            State Law Reference—Neb. Rev. Stat. 16-1019

 

8-220       LEVY TO FUND PENSION PLAN

In order to provide the necessary amounts to pay for or fund a pension plan established under sections 8-201 through 8-220 of this article, the Mayor/President and Council may make a levy in addition to the multiple levies or the all purpose and exclusive levy which such city is authorized by law to make.

(Ord. No. 3624, 19, 9-13-83; Code 1980, 31-34)

 

 

ARTICLE 3.  GENERAL TRAFFIC REGULATIONS

 

8-301       DEFINITIONS

For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

 

ALLEY ENTRANCE:  The extension of the alley from the lot line to the street curbline.

 

AUTHORIZED EMERGENCY VEHICLE:  Such Fire Department vehicles, Police vehicles and ambulances or rescue vehicles as are publicly owned and such other publicly or privately owned vehicles so designated by the City Manager.

 

CURB:  The boundaries of a street as defined by this section.

 

DRIVE:  To ride, lead, drive, pull, push, propel or operate a horse or vehicle.

 

DRIVER:  Any person operating, driving or controlling a vehicle or rider, driver or leader of a horse.

 

HAULING TRAILERS:  Trailers customarily towed behind passenger cars or light pickup trucks for personal or commercial use.

 

HORSE:  Any draft animal or beast of burden.

 

PARK:  The waiting or standing of a vehicle in any street except when such vehicle is waiting in compliance with the direction of a traffic officer or to meet driving emergencies.

 

RAILWAY CROSSING:  That part of any street over which the tracks of a railway company shall cross such street, including that part of the street within twenty-five (25) feet of the outside of such track.

 

RECREATIONAL VEHICLE:  Any motor propelled camping vehicle or towed camping trailer designed to be pulled or carried by a truck or vehicle, which is used for traveling and recreational activities; including boats and boat trailers.  In no case shall a recreational vehicle be classed as a residence for the purposes of this Chapter or other ordinances of the City.

 

RIGHT-OF-WAY:  The privilege of the immediate use of the street.

 

STOP SIGN:  Any object placed in or near a street intersection with the word “stop” inscribed thereon.

 

STREET:  That part of any public highway designed for traffic and shall include streets, avenues, alleys, drives, parkways, bridges, and public parking lots.

 

STREET INTERSECTION:  That space occupied by two (2) streets at the point where they meet or cross each other, being the area within the prolongation of the lateral curblines, or lateral boundary lines of two (2) or more streets which join one another at an angle.

 

TRUCK:  Any motor vehicle designed, used, or maintained primarily for the transportation of property and shall include semitractors, semitrailers, trucks exceeding five (5) tons gross weight, and school buses.

 

VEHICLE:  Any kind of conveyance capable of being propelled or driven on the street, whether propelled by manpower, animal or mechanical power.

(Code 1958, 19.1; Ord. No. 3393, 1, 5-26-81; Code 1980, 22-1)

 

            State Law Reference—Definitions in rules of the road, Neb. Rev. Stat. §60-605—60-676

 

8-302       ADOPTION OF STATE TRAFFIC LAWS

The provisions of sections 60-601 to 60-6,374, inclusive, Nebraska Rules of the Road, Chapter 60, Article 6, Nebraska Revised Statutes, as amended, are hereby adopted as the rules of the road for the City, including such penalties as are therein provided, with the exception that the maximum fine which may be imposed shall be a fine of five hundred ($500.00) dollars, and the maximum imprisonment which may be imposed shall be limited to thirty (30) days imprisonment, and except as may be specifically provided or modified by this Code or other City ordinance.  The County Court is hereby given jurisdiction over all complaints for violation of such rules of the road and for the imposition of penalties as provided by this Code.

(Code 1958, 19.15; Ord. No. 4034, 1, 7-26-88; Code 1980, 22-2; Ord. No. 6083, 2-27-96)

 

8-303       OPERATOR’S LICENSE OR LEARNER’S PERMIT; REQUIRED

It shall be unlawful for any person to operate a motor vehicle, except a farm tractor, upon any street or highway within the City without having in full force and effect an operator’s license or learner’s permit to operate it as provided by the laws of the State.

(Code 1958, 19.15-1; Code 1980, 22-3)

 

            State Law Reference—Operator’s license, Neb. Rev. Stat. 60-484

 

8-304       OPERATOR’S LICENSE OR LEARNER’S PERMIT; POSSESSION.

It shall be the duty of every person operating a vehicle within the City to have in his/her possession his/her operator’s license or learner’s permit. (Code 1958, 19.15-1; Code 1980, 22-4)

 

            State Law Reference—Possession of license, Neb. Rev. Stat. 60-489

 

8-305       OPERATOR LICENSE OR LEARNER PERMIT; DRIVING WITH REVOKED OR SUSPENDED LICENSE

      It shall be unlawful for any person to operate a motor vehicle upon any street or highway within the City during any period that his/her motor vehicle operator’s license has been suspended or revoked pursuant to any law of this State, or after such suspension or revocation but before reinstatement of his/her license or issuance of a new State license.  Upon conviction for a violation thereof, such person shall be punished as provided by section 60-430.05 Revised Statutes of Nebraska, as follows:

A.   For a first (1st) offense, such person shall be imprisoned in jail for thirty (30) days, and the court shall, as a part of the judgment of conviction, order such person not to operate any motor vehicle for any purpose for a period of one (1) year from the date of his/her final discharge from the jail; and

B.   For each subsequent offense, such person shall be imprisoned in jail for six (6) months, and the court shall, as a part of the judgment of conviction, order such person not to operate a motor vehicle for any purpose for a period of two (2) years from the date of his/her final discharge from jail.

(Code 1958, 19.15-2; Code 1980, 22-5)

 

8-306       DISPLAY OF CURRENT LICENSE PLATES REQUIRED

It shall be unlawful for any person to operate a motor vehicle upon any street or highway within the City without one (1) numbered plate on the rear of the vehicle and one (1) numbered plate on the front of the vehicle, and the numbered plates shall be assigned to the motor vehicle for the current year.

(Code 1958, 19.15-7; Code 1980, 22-6)

 

            State Law Reference—Motor vehicle registration, Neb. Rev. Stat. 60-301, et seq.

 

8-307       DRIVING IMPROPERLY REGISTERED VEHICLE AFTER DATE OF PURCHASE.

It shall be unlawful for any person to operate a motor vehicle upon any street or highway within the City without proper registration after a period of thirty (30) days from the date of purchase of the motor vehicle.

(Code 1958, 19.15-6; Code 1980, 22-7)

 

            State Law Reference—Neb. Rev. Stat. 60-320.01

 

8-308       RUBBISH ON STREETS

A.   No person shall throw or deposit upon any highway:

1.   Any glass bottle, glass, nails, tacks, wire, cans, or any other substance likely to injure any person or animal or damage any vehicle upon such highway;

2.   Materials that may make the highway unsightly, such as rubbish, sewage, garbage, paper, or any other material of such nature; or

3.   Any burning material.

B.   Any person who deposits, or permits to be deposited, upon any highway any destructive or injurious material shall immediately remove such or cause it to be removed.

C.   Any person who removes a wrecked or damaged vehicle from a highway shall remove any glass or other injurious substance deposited on the highway from such vehicle.

(Code 1958, 19.10; Code 1980, 22-9)

 

            Cross Reference—Littering prohibited generally, 5-203

            State Law Reference—Neb. Rev. Stat. 39-683 transferred to 39-311

 

8-309       SPILLING LOADS

No vehicle shall be driven or moved on any highway unless such vehicle is so constructed or loaded as to prevent its contents from dropping, sifting, leaking or otherwise escaping therefrom.

(Code 1958, 19.11; Code 1980, 22-10)

 

            State Law Reference—Neb. Rev. Stat. 39-6,137 transferred to 60-6,286

 

8-310       BOARDING, ALIGHTING FROM VEHICLES

It shall be unlawful for any person to board or alight from any vehicle while such vehicle is in motion.

(Code 1958, 19.12; Code 1980, 22-11)

 

8-311       VEHICLES WITH LUGS, HEAVY LOADS, ETC., WHICH CAN DAMAGE PAVEMENT

It shall be unlawful for any person to move or operate any steam engine, tractor, or road roller across any curb, gutter, street, sidewalk, bridge, culvert or crossing in any unpaved street within the City without first having protected such curb, gutter, street, sidewalk or crossing with heavy plank sufficient in strength to protect such curb, gutter, street, sidewalk, bridge, culvert or crossing from damage.  It shall be unlawful to drive, move or operate over any paved street in the City, any vehicle, machine or implement with sharp discs or sharp wheels that bear upon the pavement, or with wheels having cutting edges or any protruding parts or bolts that extend beyond the plain tire so as to in any way injure or damage the pavement or any vehicle or implement of such weight or proportions, or carrying any load that will injure or damage any pavement, gutter or curb within the City, without planking the same as provided in this section.  Where vehicles mentioned in this section are permitted or allowed to move along paved or unpaved stretches of the City, the Chief of Police is hereby empowered to choose over which street the moving of such vehicles will be permitted.

(Code 1958, §19.4, 19.5; Code 1980, 22-12)

 

            State Law Reference—Cleats, projections on tires prohibited, etc., Neb. Rev. Stat. 39-6,131 transferred to 60-6,250

 

8-312       EQUIPMENT ON BICYCLES

      A.   Any bicycle when in use at nighttime shall be equipped with a light on the front which shall emit a white light visible from a distance of at least five hundred (500) feet to the front on a clear night and with a red reflector on the rear which shall be visible on a clear night from all distances between one hundred (100) feet and six hundred (600) feet to the rear when directly in front of lawful lower beams of headlights on a motor vehicle.  A light emitting a red light visible from a distance of five hundred (500) feet to the rear may be used in addition to such red reflector.

      B.   Any bicycle used on a highway shall be equipped with a brake which will enable the operator to make the braked wheel skid on dry, level, clean pavement.

(Code 1958, 19.3; Code 1980, 22-13)

 

            State Law Reference—Neb. Rev. Stat. 39-691 transferred to 60-6,318

 

8-313       RIDING BICYCLES ON ROADWAYS, BICYCLE PATHS

      A.   Any person who operates a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction.

      B.   Any person who rides a bicycle upon a roadway shall not ride more than single file except on paths or parts of roadways set aside for the exclusive use of bicycles.

      C.   Whenever a usable path for bicycles has been provided adjacent to a roadway, bicycle riders shall use such path and shall not use such roadway.

(Code 1958, 19.3; Code 1980, 22-14)

 

            State Law Reference—Neb. Rev. Stat. 39-690 transferred to 60-6,314, 60-6,317

 

8-314       RIDING BICYCLES ON SIDEWALKS.

It shall be lawful for any person to ride any bicycle on any sidewalk within the City unless posted otherwise.

(Code 1958, 19.3; Code 1980, 22-15; Ord. No. 7671, 9-13-2011)

 

            State Law Reference—Neb. Rev. Stat. 16-210

 

8-315       CLINGING TO VEHICLES

Any person who rides upon any bicycle, coaster, roller skates, sled, skis, skateboard or toy vehicle shall not attach such or himself/herself to any vehicle upon a roadway; and no person shall hitch to or cling upon any vehicle which is in motion with or without the consent of the driver. (Code 1958, 19.20; Code 1980, 22-16)

 

            State Law Reference—Neb. Rev. Stat. 39-689 transferred to 60-6,316

 

8-316       TRUCKS PROHIBITED ON CERTAIN STREETS

It shall be unlawful to drive any truck, except for the purpose of making a delivery and then for one (1) block only, on any street so designated by resolution and properly sign-posted.  Fire, service and maintenance vehicles operated by the City or public utility companies are specifically excluded from the provisions of this section.

(Ord. No. 3394, 1, 5-26-81; Code 1980, 22-17)

 

            Cross Reference—Parking trucks prohibited, 8-923, et seq.

 

8-317       RIDING SKATEBOARDS, ROLLER SKATES AND ROLLER BLADES ON SIDEWALKS

It shall be unlawful for any person to ride, use or operate any skateboard, roller skates or roller blades on any street, sidewalk or public parking lot within the boundaries of the downtown improvement and parking district as defined by section 3-1902 of this Code.

(Ord. No. 3915, 1, 4-28-87; Code 1980, 22-18)

 

            State Law Reference—Neb. Rev. Stat. 60-680

 

 

ARTICLE 4.  ADMINISTRATION AND ENFORCEMENT

 

8-401       ENFORCEMENT OF CHAPTER

The Police Department and the City Manager are hereby authorized, empowered and ordered to exercise all powers and duties with relation to the management of street traffic and to direct and regulate and, when necessary, temporarily divert or exclude in the interest of public safety, health and convenience the movement of pedestrian, animal and vehicular traffic of every kind in the streets within the City.

(Code 1958, 19.14; Code 1980, 22-28)

 

8-402       SPECIFIC VIOLATION AS TRAFFIC INFRACTION

Any violation of any of the provisions of Chapter 8 of the Code which is not otherwise specified or declared to be a misdemeanor or an infraction shall constitute a traffic infraction.

(Ord. No. 5058, 1, 9-26-89; Code 1980, 22-28.1)

 

8-403       DESIGNATION, POWER AND DUTIES OF TRAFFIC OFFICERS

The City Manager or the Chief of Police may, at any time, detail or assign officers, including community service officers, to serve as traffic-control officers authorized to regulate traffic through street intersections within the City.  Each traffic officer shall be vested with the authority to regulate and control traffic at any intersections to which he/she is assigned. In addition to his/her authority as a police officer or community service officer, it shall be his/her duty to direct the movement of traffic in such a manner as will facilitate the movement of traffic and prevent congestion and accidents. It shall be unlawful for any person to violate any order or signal of any such officer.

(Code 1958, 19.2; Ord. No. 5058, 2, 9-26-89; Code 1980, 22-29)

 

8-404       APPLICABILITY TO SEMIPUBLIC, PRIVATELY OWNED PREMISES

The provisions of this Chapter, insofar as the same may be applicable, are hereby specifically made applicable to public and privately owned parking lots, parking areas in shopping centers and similar semi-public or privately owned places located within the limits of the City of Kearney.  The Police Department and City Manager shall be authorized, empowered, and ordered to exercise all of their usual powers and duties with respect of regulation and enforcement of the applicable sections of this Chapter in regard to offenses committed upon the premises as designated herein.

      Any person who violates any of the provisions of the sections of this Code which are in force on the premises of all parking lots, shopping center parking lots, or a semi-privately or privately owned parking area, as specified within the provision of this section shall be deemed guilty of a traffic infraction, infractions, or misdemeanors according to the punishment prescribed for the violation of each respective violated section of this Code.

(Code 1958, 19.15-9; Ord. No. 5058, 3, 9-26-89; Code 1980, 22-30; Ord. No. 7333, 3-27-2007)

 

            State Law Reference—Authority over semipublic places, Neb. Rev. Stat. 16-254

 

 

ARTICLE 5.  ABANDONED VEHICLES

 

8-501       ABANDONED VEHICLES; ABANDONMENT PROHIBITED

No person shall cause any vehicle to be or become an abandoned vehicle.

(Code 1980, 22-42)

 

            State Law Reference—Neb. Rev. Stat. 60-1907

 

8-502       DETERMINATION

A motor vehicle shall be deemed to be an abandoned vehicle if left unattended:

      A.   With no numbered plates, expired plates or expired intransit stickers affixed thereto for more than six (6) hours on any public property.

      B.   For more than twenty-four (24) hours on any public property except a portion thereof on which parking is legally permitted.

      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.

      E.   For more than seven (7) days after being impounded for the violation of any provision of this Chapter.

(Code 1980, 22-43; Ord. No. 7557, 11-24-2009)

 

            State Law Reference—Neb. Rev. Stat. 60-1901

 

8-503       TITLE OF VEHICLES WORTH ONE HUNDRED DOLLARS OR LESS

If an abandoned vehicle, at the time of abandonment, has no license plates of the current year or valid In Transit stickers affixed and is of a wholesale value, taking into consideration the condition of the vehicle, of two hundred fifty dollars ($250.00) or less, title shall immediately vest in the City.  Any certificate of title issued to the City shall be issued at no cost to such authority.

(Code 1980, 22-44; Ord. No. 7358, 6-12-2007 effective October 1, 2007)

 

            State Law Reference—Neb. Rev. Stat. 60-1902

 

8-504       INQUIRY

Except for vehicles governed by section 8-503, the City, upon taking possession of an abandoned vehicle, shall make an inquiry concerning the last-registered owner of such vehicle as follows:

      A.   Abandoned vehicle with number plates affixed, to the jurisdiction which issued such number plates; or

      B.   Abandoned vehicle with no number plates affixed, to the State Department of Motor Vehicles.

(Code 1980, 22-45)

 

            State Law Reference—Neb. Rev. Stat. 60-1903

 

8-505       NOTICE TO OWNER

The City shall notify the last-registered owner if any, that the vehicle in question has been recovered as an abandoned vehicle and that, if unclaimed, it will be sold at public auction after five (5) days from the date such notice was mailed. If the agency described in section 8-504 also notified the City that a lien or mortgage exists, such 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.

(Code 1980, 22-46)

 

            State Law Reference—Neb. Rev. Stat. 60-1903

 

8-506       VESTING OF TITLE

Title to abandoned vehicles, if unclaimed, shall vest in the City five (5) days from the date such notice is mailed, or if the last-registered owner cannot be ascertained, when notice of such fact is received.

(Code 1980, 22-47)

 

            State Law Reference—Neb. Rev. Stat. 60-1903

 

8-507       SALE OF VEHICLE

When it is determined by the City Manager that the impounding fee, towing charge, and storage charges on any abandoned or impounded vehicle exceeds the fair market value of that vehicle, or when the vehicle has remained in custody in the City for a period of ninety (90) days without a claim of ownership, the City Manager may sell such vehicle at public sale to the highest bidder.  Notice of such sale shall be printed once in the appropriate newspaper of general circulation within the City at least ten (10) days prior to sale.  Published notice shall describe each vehicle offered for sale by the make, model and year if possible.  There shall be no limit on the number of vehicles sold at any one sale.  If upon date of sale no bid is received on the impounded vehicle, the City Manager may continue such sale until a bid shall have been received, or he/she may direct that such vehicle be junked or disposed of otherwise.

(Code 1958, 19.15-3; Code 1980, 22-48)

 

8-508       REDEMPTION BY OWNER, LIEN HOLDER PRIOR TO SALE

The owner of any abandoned or impounded vehicle or the holder of any registered lien on any abandoned or impounded vehicle may obtain possession of such vehicle by paying to the City the charges assessed against such automobile for the impounding fee, towing charge and storage charges at any time prior to the sale of such impounded vehicle.

(Code 1958, 19.15-4; Code 1980, 22-49)

 

8-509       DISPOSITION OF PROCEEDS OF SALE

All money paid for impounding fees, towing charges and storage charges on abandoned or impounded vehicles and all money paid for the purchase of abandoned or impounded vehicles sold according to the provisions of this Code shall be paid to the Chief of Police, whose duty it shall be to account for such money collected by him/her to the Director of Finance and Administration.

      Any proceeds from the sale of an abandoned vehicle less any expenses incurred by the City shall be held by the City without interest, for the benefit of the owner of such vehicle for a period of two (2) years.  If not claimed within such two-year period, such proceeds shall be paid into the general fund.

(Code 1958, 19.15-5; Code 1980, 22-50)

 

            State Law Reference—Neb. Rev. Stat. 60-1905

 

8-510       LIABILITY FOR REMOVAL

Neither the owner, lessee, nor occupant of the premises from which any abandoned vehicle shall be removed, nor the City shall be liable for any loss or damage to such vehicle which occurs during its removal or while in the possession of the City or its contractual agent, or as a result of any subsequent disposition.

(Code 1980, 22-51)

 

            State Law Reference—Neb. Rev. Stat. 60-1906

 

8-511       LIABILITY FOR COSTS

The last-registered owner of an abandoned vehicle shall be liable to the City for the costs of removal and storage of such vehicle.

(Code 1980, 22-52)

 

            State Law Reference—Neb. Rev. Stat. 60-1909

 

 

ARTICLE 6.  OPERATION OF VEHICLES

 

8-601       APPROACH OF EMERGENCY VEHICLES

      A.   Upon the immediate approach of an authorized emergency vehicle which makes use of proper audible or visual signals:

            1.   The driver of any vehicle shall yield the right-of-way and shall immediately drive to a position parallel to and as close as possible to the right-hand edge or curb of the roadway, or to either edge or curb of a one-way roadway, clear of any intersection, and shall stop and remain in such position until such emergency vehicle passes, unless otherwise directed by any police or traffic officer; and

            2.   Any pedestrian using such roadway shall yield the right-of-way until such emergency vehicle passes, unless otherwise directed by any police or traffic officer.

      B.   This section shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.

(Code 1958, §19.7, 19.17; Code 1980, 22-64)

 

            State Law Reference—Neb. Rev. Stat. 60-6,151

 

8-602       DRIVING UPON SIDEWALK

No person shall drive any vehicle upon a sidewalk or sidewalk area except upon a permanent or duly authorized temporary driveway.

(Code 1958, 19.18; Code 1980, 22-65)

 

            State Law Reference—Neb. Rev. Stat. 60-6,178

 

8-603       RESTRICTIONS ON RIDING MOTORCYCLES

      A.   Any person who operates a motorcycle shall ride only upon a permanent and regular seat attached thereto, and shall not carry any other person nor shall any other person ride on a motorcycle unless such motorcycle is designed to carry more than one (1) person, in which event a passenger may ride upon the permanent and regular seat if designed for two (2) persons, or upon another seat firmly attached to the motorcycle to the rear or side of the operator.

      B.   Any person shall ride upon a motorcycle only while sitting astride the seat, facing forward.

      C.   No person shall operate a motorcycle while carrying any package, bundle, or other article which prevents him/her from keeping both hands on the handlebars.

      D.   No operator shall carry any person, nor shall any person ride, in a position that will interfere with the operation or control of the motorcycle or the view of the operator.

(Code 1958, 19.19; Code 1980, 22-66)

 

            State Law Reference—Neb. Rev. Stat. 60-6,307

 

8-604       REQUIRED POSITION AND METHOD OF TURNING; RIGHT- AND LEFT-HAND TURNS; TRAFFIC CONTROL DEVICES

      A.   Both the approach for a right turn and a right turn shall be made as close as practicable to the right-hand curb or edge of the roadway.

      B.   The driver of a vehicle intending to turn left at any intersection shall approach the intersection in the extreme left-hand lane lawfully available to traffic moving in the direction of travel of such vehicle and, after entering the intersection, the left turn shall be made so as to leave the intersection, as nearly as practicable, in the extreme left-hand lane lawfully available to traffic moving in such direction upon the roadway being entered. Whenever practicable, the left turn shall be made in that portion of the intersection to the left of the center of the intersection.

      C.   The City Manager may cause traffic-control devices to be placed within or adjacent to intersections and thereby require and direct that a different course from that specified in this section be traveled by vehicles turning at an intersection; and when such devices are so placed, no driver of a vehicle shall turn a vehicle at an intersection other than as directed and required by such devices.

(Code 1958, 19.21; Code 1980, 22-67)

 

            State Law Reference—Neb. Rev. Stat. 60-6,159

 

8-605       ENTERING ROADWAY FROM PRIVATE ROAD OR DRIVEWAY

The driver of a vehicle emerging from an alley, driveway, private road or building shall stop such vehicle immediately before driving onto a sidewalk or onto the sidewalk area extending across such alley, driveway, road or building entrance, and shall yield the right-of-way to any pedestrian approaching on any sidewalk extending across such alley, driveway, road or building entrance.  Before entering the highway, he/she shall yield the right-of-way to all vehicles approaching on such highway.

(Code 1958, 19.22; Code 1980, 22-68)

 

            State Law Reference—Neb. Rev. Stat. 60-6,149

 

8-606       TURNING TO PROCEED IN OPPOSITE DIRECTION; LIMITATION

No vehicle shall be turned so as to proceed in the opposite direction upon any curve, or upon the approach to or near the crest of a grade where such vehicle cannot be seen by the driver of any other vehicle approaching from either direction within five hundred (500) feet nor at any place where such turns are prohibited by signs.  No vehicle, except authorized emergency vehicles, shall be turned at any place on a freeway so as to proceed in the opposite direction.

(Code 1958, 19.23; Code 1980, 22-69)

 

            State Law Reference—Neb. Rev. Stat. 60-6,160

 

8-607       U-TURNS

No vehicle shall be turned so as to proceed in the opposite direction or cross from one side of the street to the other at any controlled intersections or between controlled or uncontrolled intersections within the City.

(Code 1958, 19.23; Code 1980, 22-70)

 

8-608       FUNERAL PROCESSIONS AND PARADES

No vehicle shall be driven through any funeral procession or any authorized parade.

(Code 1958, 19.24; Code 1980, 22-71)

 

8-609       DRIVING OVER FRESH PAVEMENT

No person shall drive any vehicle over or across any newly made pavement in any street, across or around which pavement there is a barrier or when there is a person or a sign warning against driving over or across such pavement or a sign stating that the street is closed.

(Code 1958, 19.25; Code 1980, 22-72)

 

8-610       LEFT TURNS PROHIBITED AT DESIGNATED INTERSECTIONS

It shall be unlawful for any person operating a vehicle to make a left turn at the following intersections:

                        2nd Avenue and 18th Street

                        2nd Avenue and 21st Street

      Proper signs and/or signals shall be erected at such intersections to give notice of this section to motorists.

(Code 1958, 19.26; Ord. No. 5014, 1, 5-23-89; Ord. No. 5076, 1, 12-12-89; Code 1980, 22-73; Ord. No. 5291, 8-13-91)

 

8-611       CARELESS DRIVING

Any person who drives any motor vehicle in the City carelessly or without due caution so as to endanger a person or property shall be guilty of careless driving.

(Code 1958, 19.26-1; Ord. No. 5058, 4, 9-26-89; Code 1980, 22-74)

 

            State Law Reference—Neb. Rev. Stat. 60-6,212

 

8-612       DRIVING OVER UNPROTECTED FIRE HOSE

No vehicle shall be driven over unprotected hose of a fire department when laid down on any highway or private road or driveway, in use or to be used at any fire or alarm of fire, without the consent of the fire department official in command.

(Code 1958, 19.6; Code 1980, 22-75)

 

            State Law Reference—Neb. Rev. Stat. 60-6,184

 

8-613       FOLLOWING FIRE APPARATUS

The driver of any vehicle other than one on official business shall not follow any fire apparatus or vehicle traveling in response to a fire alarm closer than five hundred (500) feet or drive into or park such vehicle within the block where any fire apparatus or vehicle has stopped in answer to a fire alarm.

(Code 1958, 19.8; Code 1980, 22-76)

 

            State Law Reference—Neb. Rev. Stat. 60-6,183

 

8-614       FOLLOWING AUTHORIZED EMERGENCY VEHICLE(S)

The driver of any vehicle other than one on official business shall not follow any authorized emergency vehicle while the emergency lights or siren of such vehicle are being operated, closer than five hundred (500) feet.

 

8-615       NEGLIGENT DRIVING

It shall be unlawful for any person to operate a vehicle over and along the streets in a negligent manner by failing to give such attention to the nature or probable consequences of his/her acts or omissions as a prudent person would ordinarily bestow upon his/her own concerns.

(Ord. No. 4022, 1, 5-24-88; Code 1980, 22-77)

 

8-616       UNDER THE INFLUENCE OF ALCOHOLIC LIQUOR; ALCOHOL IN BODY FLUID; PENALTY.

      A.   It shall be unlawful for any person to operate or be in the actual physical control of any motor vehicle:

            1.   While under the influence of alcoholic liquor or of any drug; or

            2.   When such person has a concentration of eight hundredths (.08) of one (1) gram or more by weight of alcohol per one hundred (100) milliliters of his or her blood, or

            3.   When such person has a concentration of eight hundredths (.08) of one (1) gram or more by weight of alcohol per two hundred ten (210) liters of his or her breath.

      B.   Any person who operates or is in the actual physical control of a motor vehicle while in a condition described in Subsection A shall be guilty of a misdemeanor and, upon conviction, be punished as provided in Section 8-617 of the Kearney City Code. 

(Ord. No. 6705, 8-8-2000; Ord. No. 6835, 10-9-2001; Ord. No. 7105, 8-10-2004)

 

8-617       CHEMICAL TESTS; REFUSAL; PENALTIES.

      A.   Any person who operates or has in his or her actual physical control a motor vehicle shall be deemed to have given his or her consent to submit to a chemical test or tests of his or her blood, breath, or urine for the purpose of determining the concentration of alcohol or the presence of drugs in such blood, breath, or urine.

      B.   Any peace officer who has been duly authorized to make arrests for violations of traffic laws of this state or of ordinances of any city or village may require any person arrested for any offense arising out of acts alleged to have been committed while the person was driving or was in actual physical control of a motor vehicle while under the influence of alcoholic liquor or drugs to submit to a chemical test or tests of his or her blood, breath, or urine for the purpose of determining the concentration of alcohol or the presence of drugs in such blood, breath, or urine, when the officer has reasonable grounds to believe that such person was driving or was in the actual physical control of a motor vehicle in the City of Kearney while under the influence of alcoholic liquor or drugs in violation of Section 8-616 of the Kearney City Code.

      C.   Any person arrested as provided in Subsection B of this Section may, upon the direction of a peace officer, be required to submit to a chemical test or tests of his or her blood, breath, or urine for a determination of the concentration of alcohol or the presence of drugs.  If the chemical test discloses the presence of a concentration of alcohol in violation of Section 8-616 of the Kearney City Code, the person shall be subject to the administrative revocation procedures provided in Sections 60-498.01 to 60-498.04 of the Nebraska Revised Statutes and upon conviction shall be punished as provided in Sections 60-6,197.02 to 60-6,197.08 of the Nebraska Revised Statutes. Any person who refuses to submit to such test or tests required pursuant to this Section shall be subject to the administrative revocation procedures provided in Sections 60-498.01 to 60-498.04 of the Nebraska Revised Statutes and shall be guilty of a crime and upon conviction punished as provided in Section 60-6,197.02 to 60-6,197.08.

      D.   Any person involved in a motor vehicle accident in the City of Kearney may be required to submit to a chemical test of his or her blood, breath, or urine by any peace officer if the officer has reasonable grounds to believe that the person was driving or was in actual physical control of a motor vehicle on a public highway in the City of Kearney while under the influence of alcoholic liquor or drugs at the time of the accident. A person involved in a motor vehicle accident subject to the implied consent law of this state shall not be deemed to have withdrawn consent to submit to a chemical test of his or her blood, breath, or urine by reason of leaving the City. If the person refuses a test under this Section and leaves the City for any reason following an accident, he or she shall remain subject to Subsection C of this Section and Section 60-498.02, R.R.S. upon return.

      E.   Any person who is required to submit to a chemical blood, breath, or urine test or tests pursuant to this ordinance shall be advised that refusal to submit to such test or tests is a separate crime for which the person may be charged.

      F.   Refusal to submit to a chemical blood, breath, or urine test or tests pursuant to this ordinance shall be admissible evidence in any action for a violation of Section 8-616 of the Kearney City Code

      G.  Any person convicted of violating Section 8-616 or 8-617 of the Kearney City Code shall be guilty of a misdemeanor and shall be punished as follows:

            1.   Except as provided in subdivision 2 of this section, if such person has not had a prior conviction, such person shall be guilty of a Class W misdemeanor, and shall be imprisoned in the county jail for not less than seven (7) nor more than sixty (60) days, and shall be fined five hundred dollars ($500.00), recoverable with costs, and the court shall, as part of the judgment of conviction, order that the operator’s license of such person be revoked or impounded for a period of six (6) months from the date ordered by the court. Such revocation or impoundment shall be administered upon sentencing, upon final judgment of any appeal or review, or upon the date that any probation is revoked. 

            If the court places such person on probation or suspends the sentence for any reason, the court shall, as one of the conditions of probation or sentence suspension, order that the operator’s license of such person be revoked or impounded for a period of sixty (60) days from the date ordered by the court unless otherwise authorized by an order issued pursuant to Section 60-6,211.05 of the Nebraska Revised Statutes, and such order of probation or sentence suspension shall also include, as one of its conditions, the payment of a four hundred dollar ($400.00) fine.

            2.   If such person has not had a prior conviction, and as part of the current violation, had a concentration of fifteen-hundredths (.15) of one (1) gram or more by weight of alcohol per one hundred (100) milliliters of his or her blood or fifteen-hundredths (.15) of one (1) gram or more by weight of alcohol per two hundred ten (210) liters of his or her breath, such person shall be guilty of a Class W misdemeanor, and shall be imprisoned in the county jail for not less than seven (7) nor more than sixty (60) days, and shall be fined five hundred dollars ($500.00), recoverable with costs, and the court shall, as part of the judgment of conviction, revoke the operator’s license of such person for a period of one (1) year from the date ordered by the court. Such revocation shall be administered upon sentencing, upon final judgment of any appeal or review, or upon the date that any probation is revoked.

            If the court places such person on probation or suspends the sentence for any reason, the court shall, as one of the conditions of probation or sentence suspension, order that the operator’s license of such person be revoked or impounded for a period of one (1) year from the date ordered by the court unless otherwise authorized by an order issued pursuant to Section 60-6,211.05 of the Nebraska Revised Statutes, and such order of probation or sentence suspension shall also include, as conditions, the payment of a five hundred dollar ($500.00) fine and either confinement in the city or county jail for two (2) days or the imposition of not less than one hundred twenty (120) hours of community service.

            3.   If such person has had one (1) prior conviction, such person shall be guilty of a Class W misdemeanor, and shall be imprisoned in the county jail for not less than thirty (30) nor more than one hundred eighty (180) days, and shall be fined five hundred dollars ($500.00), recoverable with costs, the court shall, as part of the judgment of conviction, order that the operator’s license of such person be revoked for a period of one (1) year from the date ordered by the court and shall issue an order pursuant to Section 60-6,197.01 of the Nebraska Revised Statutes. Such orders shall be administered upon sentencing, upon final judgment of any appeal or review, or upon the date that any probation is revoked.

            If the court places such person on probation or suspends the sentence for any reason, the court shall, as one of the conditions of probation or sentence suspension, order that the operator’s license of such person be revoked or impounded for a period of one (1) year from the date ordered by the court unless otherwise authorized by an order issued pursuant to Section 60-6,211.05 of the Nebraska Revised Statutes, and shall issue an order pursuant to Section 60-6,197.01 of the Nebraska Revised Statutes, and such order of probation or sentence suspension shall also include, as conditions, the payment of a five hundred dollar ($500.00) fine and either confinement in the city or county jail for ten (10) days or the imposition of not less than two hundred forty (240) hours of community service.

            4.   Any period of revocation imposed for a violation of Section 8-616 of the Kearney City Code shall be reduced by any period imposed under Section 60-648.02 of the Nebraska Revised Statutes. Any period of revocation imposed for a conviction for a violation of Section 8-616 or 8-617 of the Kearney City Code, as such existed prior to July 16, 2004, shall not prohibit the operation of a motor vehicle under the terms and conditions of an employment driving permit issued pursuant to subsection (2) of Section 60-498.02 of the Nebraska Revised Statutes.

      H.   For purposes of sentencing a violation of Section 8-616 or 8-617 of the Kearney City Code, prior conviction means a conviction for a violation committed within the fifteen (15) year period prior to the offense for which the sentence is being imposed as follows:

            1.   Any conviction for a violation of Section 60-6,196 of the Nebraska Revised Statutes;

            2.   Any conviction for a violation of a city or village ordinance enacted in conformance with Section 60-6,196 of the Nebraska Revised Statutes;

            3.   Any conviction under a law of another state if, at the time of the conviction under the law of such other state, the offense for which the person was convicted would have been a violation of Section 60-6,196 of the Nebraska Revised Statutes;

            4.   Any conviction for a violation of Section 60-6,198 of the Nebraska Revised Statutes;

            5.   Any conviction for a violation of Section 60-6,197 of the Nebraska Revised Statutes;

            6. Any conviction for a violation of a city or village ordinance enacted in conformance with Section 60-6,197 of the Nebraska Revised Statutes;

            7.   Any conviction under a law of another state if, at the time of the conviction under the law of such state, the offense for which the person was convicted would have been a violation of Section 60-6,197 of the Nebraska Revised Statutes.

      I.    Prior conviction includes any conviction under Sections 60-6,196, 60-6,197, or 60-6,198 of the Nebraska Revised Statutes, or any city or village ordinance enacted in conformance with any of such sections, as such sections or city or village ordinances existed at the time of such conviction regardless of subsequent amendments to any of such sections or city or village ordinances.

      J.   Fifteen (15) year period means the period computed from the date of the prior offense to the date of the offense which resulted in the conviction for which the sentence is being imposed.

      K.   In any case charging a violation of Section 8-616 or 8-617 of the Kearney City Code, the prosecutor or investigating agency shall use due diligence to obtain the defendant’s driving record from the Department of Motor Vehicles and the defendant’s driving record from other states where he or she is known to have resided within the last fifteen (15) years.  The prosecutor shall certify to the court, prior to sentencing, that such action has been taken.  The prosecutor shall present as evidence for purposes of sentence enhancement under state law an authenticated copy of a prior conviction in another state.  The authenticated copy shall be prima facie evidence of such prior conviction. 

      L.   For each conviction under this ordinance, the court shall, as part of the judgment of conviction, make a finding on the record as to the number of the defendant’s prior convictions.  The defendant shall be given the opportunity to review the record of his or her prior convictions, bring mitigating facts to the attention of the court prior to sentencing, and make objections on the record regarding the validity of such prior convictions. 

      M.  Any peace officer who has been duly authorized to make arrests for violation of traffic laws of this state or ordinances of any city or village may require any person who operates or has in his or her actual physical control a motor vehicle in this state to submit to a preliminary test of his or her breath for alcohol concentration if the officer has reasonable grounds to believe that such person has alcohol in his or her body, has committed a moving traffic violation, or has been involved in a traffic accident.  Any person who refuses to submit to such preliminary test or whose preliminary breath test results indicate an alcohol concentration in excess of Section 8-616 of the Kearney City Code shall be placed under arrest.  Any person who refuses to submit to such preliminary test shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine or not to exceed one hundred dollars ($100.00), recoverable with costs. 

      N.   Any person who has been convicted of driving while intoxicated shall, during a pre-sentence evaluation, submit to and participate in an alcohol assessment.  The alcohol assessment shall be paid for by the person convicted of driving while intoxicated.  At the time of sentencing, the judge, having reviewed the assessment results, may then order the convicted person to follow through on the alcohol assessment results as the convicted person’s expense in addition to any penalties deemed necessary.

      O.  The provisions of this section shall apply anywhere throughout the city except private property, which is not open to public access, or where the ordinances of the City have not been made applicable in accordance with the terms of Section 16-254 of the Nebraska Revised Statutes.

(Ord. No. 7105, 8-10-2004; Ord. No. 7222, 10-25-2005; Ord. No. 7294, 9-12-2006; Ord. No. 7698, 1-10-2012)

 

8-618       BODY FLUID ANALYSIS; FEE; PAYMENT UPON CONVICTION

Upon the conviction of any person for violation of the provisions of Section 8-616 of this Article, or of driving a motor vehicle while under the influence of alcoholic liquor or of any drug, in violation of the City Code, there shall be assessed as part of the costs the fee charged by any physician or any agency administering tests pursuant to a permit issued by the Nebraska State Department of Health in accordance with Section 60-6,201 of the Nebraska Revised Statutes, for the test or tests administered and the analysis thereof under the provisions of Section 8-617 of this Article, if such test or tests were actually made. 

(Ord. No. 6705, 8-8-2000)

 

8-619       Reserved.

 

8-620       ENGINE BRAKES; DEFINITIONS, PROHIBITED, AFFIRMATIVE DEFENSE, AND PENALTY

      1.   Definition.  For the purposes of this Article, the term “engine brake” is hereby defined as a specific braking mechanism which utilizes the release of compressed air as part of an engine retarder or engine brake on any motor vehicle as a means of slowing or stopping said vehicle. 

      2.   Prohibition of Engine Brakes.  It shall be unlawful for anyone to operate a motor vehicle and use engine retarders or brakes as a means of slowing or stopping said vehicle within the city limits.

      3.   Affirmative Defense.  The use of an engine retarder or brake in an emergency situation to avoid an imminent accident which would otherwise result in damage or injury to person(s) or property, or the fact that the motor vehicle is equipped with a proper muffler system which eliminates noise emitted or caused by the use of an engine retarder or brake system shall constitute affirmative defenses to the application of the provisions of this Section.

      4.   Penalty.  Any person violating any of the provisions of this Section shall be deemed guilty of an infraction and, upon conviction thereof, shall be fined in accordance with the provisions of Section 1-112.  Each day any such violation shall occur or continue shall constitute and be deemed a separate offense. 

(Ord. No. 6834, 10-9-2001)

 

 

ARTICLE 7.  TRAFFIC CONTROL DEVICES

 

8-701       GENERAL AUTHORITY

The Council may, by resolution, provide for the placing of stop signs or other signs, signals, standards or other mechanical devices or markings in or on any street or alley in the City for the purpose of regulating or prohibiting traffic or stopping, standing or parking thereon.  Such resolution shall describe the portion of the street or the alley wherein traffic or stopping, standing or parking is to be regulated or prohibited, shall designate the regulation or prohibition, the place where such signs, signals, standards or other mechanical devices shall be placed and the hours when such regulation or prohibition shall be effective.

(Code 1958, §19.27, 19.41; Code 1980, 22-89)

 

            State Law Reference—Authority of council, Neb. Rev. Stat. 60-680

 

8-702       INSTALLATION

The City Manager shall, pursuant to a resolution providing for the placement of any traffic control sign, signal, device or marking, place the same as designated or provided by such resolution for the information of the driving public.

(Code 1958, 19.27; Code 1980, 22-90)

 

8-703       OBEDIENCE

The driver of any vehicle shall obey the instructions of any traffic control device applicable thereto placed in accordance with the provisions of this Chapter, unless otherwise directed by a law enforcement officer, subject to the exceptions granted the driver of an authorized emergency vehicle.

(Code 1958, 19.27; Code 1980, 22-91)

 

            State Law Reference—Neb. Rev. Stat. 60-6,119

 

8-704       TRAFFIC CONTROL SIGNALS; LEGEND

Whenever traffic is controlled by traffic control signals exhibiting different colored lights, or colored lighted arrows, successively one at a time or in combination, only the colors green, red and yellow shall be used, except for special pedestrian signals carrying a word legend, and such lights shall indicate and apply to drivers of vehicles and pedestrians as follows:

      A.   RED; STOP:

            1.   Vehicular traffic facing a steady red signal shall stop at a clearly marked stop line, but if there is no such line then before entering the crosswalk on the near side of the intersection, or if there is no cross walk then before entering the intersection, and shall remain standing until an indication to proceed is shown except as provided in subsection (A)(2) of this section;

            2.   Except where a traffic control device is in place prohibiting a turn, vehicular traffic facing a steady red signal may cautiously enter the intersection to make a right turn after stopping as required by subsection (A)(1) of this section.  Such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection; and

            3.   Unless otherwise directed by a pedestrian-control signal, pedestrians facing a steady red signal alone shall not enter the roadway;

      B.   YELLOW; WARNING:

            1.   Vehicular traffic facing a steady yellow signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection, and upon display of a steady yellow signal, vehicular traffic shall stop before entering the nearest crosswalk at the intersection, but if such stop cannot be made in safety, a vehicle may be driven cautiously through the intersection; and

            2.   Pedestrians facing a steady yellow signal, unless otherwise directed by a pedestrian-control signal, are thereby advised that there is insufficient time to cross the roadway before a red indication is shown, and no pedestrian shall then start to cross the roadway;

      C.   GREEN; GO:

            1.   Vehicular traffic facing a circular green signal may proceed straight through or turn right or left unless a sign at such place prohibits either such turn, but vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited;

            2.   Vehicular traffic facing a green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by such arrow, or such other movement as is permitted by other indications shown at the same time, and such vehicular traffic shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection; and

            3.   Unless otherwise directed by a pedestrian-control signal, pedestrians facing any green signals, except when the sole green signal is a turn arrow, may proceed across the roadway within any marked or unmarked crosswalk; and

      D.   If a traffic control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions which by their nature can have no application. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of any such sign or marking, the stop shall be made at the signal.

(Code 1958, 19.31; Code 1980, 22-93)

 

            State Law Reference—Neb. Rev. Stat. 60-6,123

 

8-705       DAMAGING DEVICES.

      A.   If any person shall willfully or maliciously shoot upon the public highway and injure, deface, damage or destroy any signs, monuments, road markers, traffic control or surveillance devices or other public notices lawfully placed upon said highways, he/she shall be guilty of a misdemeanor.

      B.   No person shall willfully or maliciously injure, deface, alter or knock down any sign, traffic-control device, or traffic-surveillance device.

      C.   It shall be unlawful for any person other than a duly authorized representative of the City to remove any sign, traffic control or traffic surveillance device placed along a public street, road or highway for traffic control, warning or informational purposes by official action of the City.  It shall be unlawful for any person to possess such a sign or device which has been removed in violation of this subsection.

      D.   Any person violating subsection B. or C. of this section shall be guilty of a misdemeanor and shall be assessed liquidated damages in the amount of the value of the sign, traffic control or traffic surveillance device and the cost of replacing it.

 

            State Law Reference—Neb. Rev. Stat. 60-6,130

 

8-706       PREFERENTIAL RIGHT-OF-WAY; STOP AND YIELD SIGNS.

      A.   The City may provide for preferential right-of-way at an intersection and indicate such by stop signs or yield signs.

      B.   Except when directed to proceed by a police officer or traffic control signal, every driver of a vehicle approaching an intersection where a stop is indicated by a stop sign shall stop at a clearly marked stop line, but if there is no such line, before entering the crosswalk on the near side of the intersection or, if no crosswalk is indicated, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection.  After having stopped, such driver shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on such highway as to constitute an immediate hazard if such driver moved across or into such intersection.

      C.   The driver of a vehicle approaching a yield sign shall slow to a speed reasonable under the existing conditions and, if required for safety to stop, shall stop at a clearly marked stop line, but if there is no such line, before entering the crosswalk on the near side of the intersection or, if no crosswalk is indicated, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway. After slowing or stopping, such driver shall yield the right-of-way to any vehicle in the intersection or approaching on another highway so closely as to constitute an immediate hazard if such driver moved across or into such intersection.

(Code 1958, 19.28; Code 1980, 22-94)

 

            State Law Reference—Neb. Rev. Stat. 60-6,148

 

 

ARTICLE 8.  SPEED LIMITATIONS

 

8-801       SPEED LIMITATIONS; GENERALLY

No person shall drive any vehicle on any street within the City at a rate of speed greater than is reasonable and proper having regard for the traffic and conditions of the street, and in no event at speeds in excess of the legal limits.

(Code 1958, 19.16; Code 1980, 22-106)

 

            State Law Reference—Neb. Rev. Stat. 60-680

 

8-802       BASIC LIMITS

Except on those streets or portions of streets duly designated and posted, no person shall drive any vehicle at a rate of speed greater than twenty-five (25) miles per hour in any residential district in this City or twenty (20) miles per hour in any business district in this City.

(Code 1958, 19.16; Code 1980, 22-107)

 

8-803       ALTERATION FOR SPECIFIC STREETS

The Council, in conformance with the laws of the State, is hereby authorized to alter the maximum rate of speed on any street within the City, and to so post any such street with appropriate signs indicating the maximum allowable rate of speed.  No person shall drive any vehicle on any street within the City at a rate of speed in excess of the posted rate.

(Code 1958, 19.16; Code 1980, 22-108)

 

8-804       SPECIFIC LIMITS

It shall be unlawful for any person to drive a vehicle on any of the following streets or portions of streets in excess of the indicated speed limit:

 

 

STREET

 

EXTENT

 

SPEED (mph)

 

 

U.S. Highway 30

24th/25th Street

 

 

From a point 1600 feet west of 30th Avenue to a point 850 feet west of 30th Avenue

 

55

 

U.S. Highway 30

24th/25th Street

 

 

From a point 850 feet west of 30th Avenue to Conner Avenue (19th Avenue)

 

40

 

U.S. Highway 30

24th/25th Street

 

 

From Conner Avenue (19th Avenue) to Avenue N

 

35

 

U.S. Highway 30

24th/25th Street

 

 

From Avenue N to a point 900 feet east of Avenue Q

 

40

 

U.S. Highway 30

24th/25th Street

 

 

From a point 900 feet east of Avenue Q to Antelope Avenue

 

50

 

U.S. Highway N-44 (2nd Avenue)

 

 

From a point 1200 feet south of Platte Road to Platte Road

 

60

 

U.S. Highway N-44 (2nd Avenue)

 

 

From Platte Road to a point 300 feet south of 11th Street

 

45

 

U.S. Highway N-44 (2nd Avenue)

 

 

From a point 300 feet south of 11th Street to 25th Street

 

35

 

U.S. Highway N-10 (2nd Avenue)

 

 

From 25th Street to a point 600 feet north of 39th Street

 

35

 

U.S. Highway N-10 (2nd Avenue)

 

 

From a point 600 feet north of 39th Street to a point 300 feet north of 56th Street

 

40

 

U.S. Highway N-10 (2nd Avenue)

 

 

From a point 300 feet north of 56th Street to 65th Street

 

50

 

4th Avenue

 

 

From 42nd Street to 48th Street

30

 

17th Avenue

 

 

From 39th Street north to the City limits

 

40

 

30th Avenue

 

 

From the City limits north to LaCrosse Drive

 

45

 

30th Avenue

 

 

From LaCrosse Drive north to a point 800 feet north of 24th Street

 

35

 

30th Avenue

 

 

From a point 800 feet north of 24th Street north to a point 500 feet north of 44th Street

 

45

 

30th Avenue

 

 

From 500 feet north of 44th Street north to the City limits

 

50

 

Avenue H

 

 

From the north end of overpass to 11th Street

 

30

 

Avenue M

 

 

From 1st Street north to the Platte River bridge

 

35

 

Avenue M

 

 

From 11th Street to 27th Street

 

40

 

Avenue N

 

 

From 25th Street north to 39th Street

 

35

 

Avenue N

 

 

From 39th Street to 56th Street

 

40

 

Avenue N

 

 

From 56th Street north to the City limits

 

45

 

Central Avenue

 

 

From 1st Street to 14th Street

 

35

 

Grand Avenue

 

 

From U.S. Highway 30 north to the City limits

 

35

 

Kea West Avenue

 

 

From 11th Street south to the City limits

 

35

 

1st Street East

(Archway Parkway)

 

 

From Antelope Avenue west to Central Avenue (except that segment lying between 600 feet east and 600 feet west of Avenue M which is 25 mph)

 

45

 

11th Street

 

 

From a point 150 feet east of Avenue M east to the City limits

 

45

 

11th Street

 

 

From a point 150 feet east of Avenue M west to a point 500 feet east of Kea West Avenue

 

35

 

11th Street

 

 

From a point 500 feet east of Kea West Avenue to the west City limits

 

45

 

31st Street

 

 

From 2nd Avenue to Avenue E

 

30

 

39th Street

 

 

From Avenue N to the east City limits

 

40

 

39th Street

 

 

From Avenue N west to a point 500 feet east of Country Club Lane

 

35

 

39th Street

 

 

From a point 500 feet east of Country Club Lane west to 30th Avenue

 

45

 

48th Street

 

 

From 2nd Avenue to 11th Avenue

 

35

 

56th Street

 

 

From 4th Avenue to Avenue N

 

40

 

56th Street

 

 

From Avenue N east to the City limits

 

45

 

Railroad Street

 

 

From 17th Avenue west to the City limits

 

45

 

Railroad Street

 

 

From Avenue N west to Avenue B

 

35

 

Railroad Street

 

 

From Avenue B to 10th Avenue

 

25

 

Railroad Street

 

 

From 10th Avenue to 17th Avenue

 

35

 

University Drive

 

From Lakeview Drive west to U.S. Highway 30

 

30

 

(Code 1958, 19.16; Ord. No. 3218, 1, 4-22-80; Ord. No. 3607, 1, 7-12-83; Ord. No. 3723, 1, 10-23-84; Ord. No. 3926, 1, 6-23-87; Ord. No. 3961, 1, 1-10-87; Ord. No. 5159, 1, 9-11-90; Code 1980, 22-109; Ord.No. 5246, 4-23-91; Ord. No. 5289 8-13-91; Ord. No. 5296, 8-27-91; Ord. No. 6048, 12-12-95; Ord. No. 6106, 4-23-96; Ord. No. 6270, 5-13-97; Ord. No. 7229, 12-27-2005; Ord. No. 7255, 5-9-2006; Ord. No. 7290, 8-22-2006; Ord. No. 7304, 10-24-2006; Ord. No. 7657, 6-28-2011; Ord. No. 7766, 11-13-2012)

 

            State Law Reference—Neb. Rev. Stat. 60-680

 

8-805       SCHOOL ZONES

No person shall drive or operate any vehicle at a rate of speed in excess of twenty (20) miles per hour upon, over or through any street or highway designated herein and posted as a school zone during the hours from 7:30 a.m. through 8:30 a.m. and 3:00 p.m. through 4:00 p.m. during the week Monday through Friday, inclusive, through the school year, including year round school. 

 

 

Bryant Elementary School Zone

 

 

16th Street

 

From 150 feet west of Avenue C to Avenue E

 

 

17th Street

 

From Avenue C to 150 feet West of Avenue E

 

 

Avenue C

 

From 16th Street to 17th Street

 

 

Buffalo Hills Elementary School Zone

 

 

11th Avenue

 

From 61st Street to Spruce Hollow Boulevard

 

 

Spruce Hollow Boulevard

 

 

From 11th Avenue west 500 feet

 

 

61st Street

 

From 11th Avenue west 650 feet

 

 

Central Elementary School Zone

 

 

24th Street

 

From 2nd Avenue to 4th Avenue

 

 

22nd Street

 

From 2nd Avenue to 4th Avenue

 

 

4th Avenue

 

From 22nd Street to 24th Street

 

 

Emerson Elementary School Zone

 

 

27th Street

 

From Avenue E to Avenue F

 

 

28th Street

 

From Avenue E to Avenue F

 

 

Avenue E

 

From 27th Street to 28th Street

 

 

Avenue F

 

From 27th Street to 28th Street

 

 

Kearney Catholic School Zone

 

 

Avenue A

 

From 35th Street to 36th Street

 

 

Avenue C

 

From 35th Street to 36th Street

 

 

35th Street

 

From Avenue A to Avenue C

 

 

Kearney Education Center School Zone

 

 

15th Street

 

From 4th Avenue to 5th Avenue

 

 

16th Street

 

From 4th Avenue to 5th Avenue

 

 

4th Avenue

 

From 15th Street to 16th Street

 

 

5th Avenue

 

From 15th Street to 16th Street

 

 

Kearney High/Horizon Middle School Zone

 

 

6th Avenue

 

From 35th Street to 39th Street

 

 

11th Avenue

 

From 35th Street to 39th Street

 

 

35th Street

 

From 6th Avenue to 11th Avenue

 

 

Kenwood Elementary School Zone

 

 

15th Avenue

 

From 8th Street to 11th Street

 

 

16th Avenue

 

From 8th Street to 11th Street

 

 

8th Street

 

From 15th Avenue to 16th Avenue

 

 

Meadowlark Elementary School Zone

 

 

Avenue K

 

From  53rd Street to 56th Street

 

 

52nd Street

 

From Avenue L to Avenue M

 

 

53rd Street

 

From 52nd Street to Avenue K

 

 

Northeast Elementary School Zone

 

 

Avenue I

 

From 34th Street to 35th Street

 

 

Avenue L

 

From 34th Street to 35th Street

 

 

34th Street

 

From Avenue I to Avenue L

 

 

35th Street

 

From Avenue I to Avenue L

 

 

Park Elementary School Zone

 

 

6th Avenue

 

From 29th Street north to its terminus in a cul-de-sac

 

 

7th Avenue

 

From 29th Street to 31st Street

 

 

Sunrise Middle School Zone

 

 

45th Street

 

From Avenue N to Avenue R

 

 

Windy Hills Elementary School Zone

 

 

20th Avenue

 

From 41st Street to 44th Street

 

 

41st Street

 

From 20th Avenue east 175 feet

 

 

Zion Lutheran School Zone

 

 

24th Street

 

From Avenue C to Avenue D

 

 

Avenue C

 

From 24th Street north 200 feet

 

 

Avenue D

 

From 24th Street north 200 feet

 

(Code 1958, 19.16; Code 1980, 22-110; Ord. No. 5452, 8-11-92; Ord. No. 5992, 7-25-95; Ord. No. 6334, 10-14-97; Ord. No. 6428, 8-11-98; Ord. No. 7689, 12-13-2011; Ord. No. 7839, 9-10-2013)

 

            State Law Reference—Neb. Rev. Stat. 60-682.01

 

8-806       SPEED LIMITS IN ALLEYS

It shall be unlawful for any person to drive a vehicle on or upon or over any of the alleys located within the City at a rate of speed in excess of ten (10) miles per hour.

(Ord. No. 3922, 1, 5-26-87; Ord. No. 5056, 1, 9-26-89; Code 1980, 22-111)

 

8-807       SCHOOL CROSSINGS WITH YELLOW FLASHING LIGHTS

No person shall drive or operate any vehicle at a rate of speed in excess of twenty-five (25) miles per hour upon, over or through any street or highway designated herein and posted as a School Crossing when flashing.

 

 

School Crossings

 

 

11th Street

 

At Avenue C

 

 

17th Avenue

 

At 41st Street

 

(Ord. No. 5992, 7-25-95; Ord. No. 6107, 4-23-96; Ord. No. 7689, 12-13-2011; Ord. No. 7766, 11-13-2012)

 

 

ARTICLE 9.  STOPPING, STANDING AND PARKING

 

8-901       OBSTRUCTING TRAFFIC

It shall be unlawful for any person, except in case of accident or emergency, to park or stand a motor vehicle on any public street within the City in such a location or position as to obstruct the normal flow of traffic on said street.

(Ord. No. 5058, 5, 9-26-89; Code 1980, 22-122; Ord. No. 6039, 11-28-95)

 

8-902       OBSTRUCTION OF INTERSECTIONS

No person shall enter an intersection or marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he/she is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic control signal indication to proceed.

(Ord. No. 5058, 6, 9-26-89; Code 1980, 22-123; Ord. No. 6040, 11-28-95)

 

8-903       MOVING A STOPPED, STANDING OR PARKED VEHICLE

No person shall move a vehicle which is stopped, standing or parked without yielding the right-of-way to all other vehicles and pedestrians affected by such movement and in no event until such movement can be made with reasonable safety.

(Code 1958, 19.42; Code 1980, 22-124)

 

            State Law Reference—Neb. Rev. Stat. 60-6,150

 

8-904       PROXIMITY TO CURB

      A.   Except as otherwise provided in this Article, any vehicle stopped or parked upon a roadway shall be so stopped or parked with the right-hand wheels parallel to and within twelve (12) inches of the right-hand curb or edge of such roadway.

      B.   Except when otherwise provided, every vehicle stopped or parked upon a one-way roadway shall be so stopped or parked parallel to the curb or edge of such roadway, in the direction of authorized traffic movement, with its right-hand wheels within twelve (12) inches of the right-hand curb or edge of the roadway, or its left-hand wheels within twelve (12) inches of the left-hand curb or edge of such roadway.

(Code 1958, 19.46; Code 1980, 22-125)

 

            State Law Reference—Neb. Rev. Stat. 60-6,167

 

8-905       PARKING WITHIN MARKED SPACES

When parking spaces are marked off on the pavement or curb, vehicles shall be parked within such marked spaces.

(Code 1958, 19.45; Code 1980, 22-126)

 

8-906       OWNER OF VEHICLE PRESUMED GUILTY

If any vehicle is found stopped, standing or parking in any manner violative of the provisions of this Chapter, and the identity of the operator cannot be determined, the owner or person or corporation in whose name such vehicle is registered shall be held prima facie responsible for such violation.

(Ord. No. 2841, 2, 6-13-78; Code 1980, 22-127)

 

8-907       TAMPERING WITH MARKS

It shall be unlawful for any person to remove, in any manner, any chalk marks placed on a tire of a vehicle by any police officer or community service officer in order to enforce the provisions of this Article until and unless such vehicle shall first be operated and moved on the streets of the City.

(Ord. No. 2841, 4, 6-13-78; Code 1980, 22-128)

 

8-908       BUSINESS WITH DRIVE-IN ACCESS

In all businesses conducted upon property abutting streets and avenues in the City where the nature of the business is such that it is necessary for such business to have ingress over the sidewalk, such drive-in access shall be limited to the actual space necessary; and curb parking shall be so arranged that the necessary space for the drive-in access shall be available to the operator of the business. (Code 1958, 19.40; Code 1980, 22-132)

 

8-909       NEAR BUILDING ENTRANCES

No vehicle shall be permitted to park or stand at the curb within thirty (30) feet of the main entrance of any hotel, theater, church, schoolhouse, hospital or other public building, which shall be determined by measuring fifteen (15) feet on each side of a point on the curb opposite the middle of the main entrance of the building.

(Code 1958, 19.40; Code 1980, 22-133)

 

8-910       PARKING FOR CERTAIN PURPOSES PROHIBITED

No person shall park a vehicle upon any roadway for the principal purpose of:

      A.   Displaying such vehicle for sale; or

      B.   Repair such vehicle except repair necessitated by an emergency; or

      C.   Washing or greasing such vehicle.

(Code 1958, §19.44, 19.49; Code 1980, 22-134)

 

8-911       PARKING IN ALLEYS

No vehicle shall be parked in any alley except for the purpose of loading or unloading and then only during the time it is being loaded or unloaded and for the time necessary.  Every vehicle, while loading or unloading in any alley, shall be parked in such manner as will cause the least obstruction possible to traffic.

(Code 1958, 19.48; Code 1980, 22-135)

 

8-912       PARKING RULES

It shall be unlawful to park or to permit any vehicle to stand at any time in any of the following places except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic control device:

      A.   In any intersection.

      B.   In a crosswalk.

      C.   Upon any bridge or viaduct or the approach thereto.

      D.   Between a safety zone and the adjacent curb or within thirty (30) feet of a point of the curb immediately opposite the end of a safety zone.

      E.   Within twenty (20) feet or six and ten hundredths (6.10) meters of any intersection or crosswalk.

      F.   Within fifteen (15) feet or four and fifty-seven hundredths (4.57) meters of a fire hydrant.

      G.  At any place where the vehicle would block the use of a driveway.

      H.   On any sidewalk.

      I.    At any place where official signs prohibit parking.

      J.   At any time on the following streets:

            1.   University Drive Circle, all of the streets and ways platted as such, except that portion bounded by 25th Street designated for parking.

            2.   Second Avenue, from the south City limits to the north City limits.

            3.   16th Street, from the west right-of-way line of 4th Avenue west to the east right-of-way line of 6th Avenue.

            4.   24th Street, from the west boundary of 9th Avenue west to the west boundary of Lot 7, Lincoln Way Villa Plots, if extended north across such street.

            5.   25th Street, between the east boundary of Central Avenue and the east boundary of Avenue “N.”

      K.   Adjacent to or beside any curb painted yellow.

      L.   No vehicle other than a licensed taxicab shall be parked in any area designated by ordinance as a cab stand; and no vehicle other than a bus shall be parked in a place so designated as a bus loading zone.

      M.  It shall be unlawful to park any motor vehicle on any private property without the consent of the owner of the property.

      N.   Parking prohibited in spaces designated for disabled or handicapped persons.

            1.   It is unlawful for any person to park or leave standing any vehicle in a stall or space designated for physically handicapped persons, if, immediately adjacent to and visible from such stall or space, there is posted a sign known as the international wheelchair symbol consisting of a profile view of a stylized wheelchair with occupant in white on a blue background, unless the driver of the car is disabled.

            2.   The provisions of subdivision (1) herein shall apply to all off-street parking facilities.

      O.  It is unlawful for any person to park any motor vehicle in front yards or side yards, other than approved driveways, in residential districts.

(Code 1958, 19.32; Ord. No. 3307, 1, 12-9-80; Ord. No. 3795, 1, 11-26-85; Code 1980, 22-136; Ord. No. 5564, 3-9-93; Ord. No. 7575, 3-9-2010)

 

8-913       TWO-HOUR PARKING; GENERALLY

It shall be unlawful for any person to park any vehicle on any of the following streets or portions of streets and public parking areas for a period of time in excess of two (2) consecutive hours between the hours of eight (8:00) a.m. and six (6:00) p.m. on Monday through Friday, inclusive:

 

 

STREET

 

 

EXTENT

 

Central Avenue

 

From South Railroad Street to 19th Street

 

 

Central Avenue

 

West side, between 30th Street and 31st Street

 

 

Each period of two-hour consecutive hours during which any motor vehicle is parked in the prohibited areas during any day shall constitute a separate and distinct violation of this section.  All areas designated for two-hour parking shall be properly posted with appropriate signs by the City Manager. 

(Code 1958, 19.51; Ord. No. 2841, 1, 6-13-78; Ord. No. 3620, 1, 8-9-83; Ord. No. 3743, 1, 5-28-85; Ord. No. 3732, 1, 3-12-85; Ord. No. 3877, 1, 11-25-86; Ord. No. 3963, 1, 1-10-87; Ord. No. 5109, 1, 4-10-90; Code 1980, 22-137; Ord. No. 5284, 7-23-91; Ord. No. 6315, 9-9-97; Ord. No. 6530, 5-11-99; Ord. No. 7370, 8-28-2007; Ord. No. 7676, 9-27-2011; Ord. No. 7688, 11-8-2011)

 

8-913.1    THREE-HOUR PARKING; GENERALLY

It shall be unlawful for any person to park any vehicle on any of the following streets or portions of streets and public parking areas for a period of time in excess of three (3) consecutive hours between the hours of eight (8:00) a.m. and six (6:00) p.m. on Monday through Friday, inclusive:

 

 

STREET

 

 

EXTENT

 

Avenue A

 

West side from 25th Street to 23rd Street

 

 

Avenue A

 

West side from 22nd Street to Railroad Street

 

 

Avenue A

 

East side from 25th Street to 23rd Street

 

 

Avenue A

 

East side from 22nd Street to Railroad Street

 

 

Central Avenue

 

Both sides from 25th Street to North Railroad Street

 

 

1st Avenue

 

West side from 24th Street to 23rd Street

 

 

1st Avenue

 

East side from 23rd Street to Railroad Street

 

 

1st Avenue

 

West side 22nd Street to Railroad Street

 

 

24th Street

 

Both sides from the alley east of 2nd Avenue to 1st Avenue

 

 

24th Street

 

North side from Avenue A to the alley east of Avenue A

 

 

23rd Street

 

Both sides from 1st Avenue to Central Avenue

 

 

23rd Street

 

North side from Central Avenue to Avenue A

 

 

22nd Street

 

Both sides from 2nd Avenue to Avenue A

 

 

21st Street

 

Both sides from 1st Avenue to Avenue A

 

 

21st Street

 

South side, from Avenue B to the alley west of Avenue B

 

 

Railroad Street

 

North side from 1st Avenue to Avenue A

 

 

Parking Lot

 

Directly south of the Public Library west of 1st Avenue

 

 

Each period of three-hour consecutive hours during which any motor vehicle is parked in the prohibited areas during any day shall constitute a separate and distinct violation of this section. All areas designated for three-hour parking shall be properly posted with appropriate signs by the City Manager.

(Ord. No. 7688, 11-8-2011)

 

8-914       THREE-HOUR PARKING; COURTESY PARKING TICKETS

During each calendar year, commencing January 1 and terminating December 31, all registered owners of vehicles found in violation of the three-hour parking limits established by Section 8-913 will receive a courtesy ticket for their first violation of the three-hour parking restrictions for that year.  A copy of the courtesy citation ticket shall be placed on the violator’s vehicle at the time of violation.  Every person who violates the three-hour parking provisions of Section 8-913 two (2) or more times during the calendar year shall be issued an official parking citation for the second and each subsequent violation and shall be subject to the penalties as provided by Section 8-1206 of this Code.  Violations for which official parking citations are issued shall be cumulative from year to year.

(Ord. No. 3977, 1, 12-22-87; Code 1980, 22-137.1; Ord. No. 6914, 9-24-2002; Ord. No. 7688, 11-8-2011)

 

8-915       PROHIBITED BETWEEN 2:00 A.M. AND 6:00 A.M. DURING SNOW EMERGENCY

It shall be unlawful for any person to park any vehicle between the hours of 2:00 a.m. and 6:00 a.m. on any of the following streets or portions of streets or parking lots during a snow emergency period when the City Manager has, by declaration, prohibited parking on said streets in accordance with Section 8-915.1 of this Code.

 

 

STREET

 

EXTENT

 

 

Central Avenue

 

From 15th Street to 26th Street

 

 

Railroad Street

 

From 2nd Avenue to Avenue B

 

 

Avenue A

 

From Railroad Street to 26th Street

 

 

1st Avenue

 

From Railroad Street to 26th Street

 

 

1st Avenue

 

From 15th Street to 17th Street

 

 

16th Street

 

From Central Avenue to 1st Avenue

 

 

19th Street

 

From 1st Avenue to Avenue A

 

 

21st Street

 

From 2nd Avenue to Avenue B

 

 

22nd Street

 

From 2nd Avenue to Avenue B

 

 

23rd Street

 

From the alley west of 2nd Avenue to Avenue B

 

 

24th Street

 

From 2nd Avenue to Avenue B

 

(Code 1958, 19.50; Code 1980, 22-138; Ord. No. 5326, 11-12-91; Ord. No. 7782, 1-22-2013)

 

8-915.1    DECLARATION OF SNOW EMERGENCY

Whenever there is sufficient snow fall to constitute a public hazard, impairing transportation and jeopardizing the welfare and safety of the citizens of the City, the City Manager or his/her designated representative may declare a snow emergency to exist and may prohibit the parking and stopping of vehicles in such streets or districts as he/she may designate, and he/she may put into effect a parking prohibition on parts of or on all streets by declaring that parking be prohibited on one side of the street, designating either the odd or even address numbered side, at his/her discretion. The City Manager or his/her designated representative may use either alternative, or a combination of both, which shall be for the purpose of enabling the City Transportation Department to expeditiously remove the snow from the streets.

      The parking, stopping or allowing to remain standing of any vehicle in any streets or districts in which parking is prohibited during the period of time set forth in such declaration shall constitute a violation of this section, punishable as a traffic infraction in accordance with Section 1-112 of the City Code, subject to a minimum fine of Fifty Dollars ($50.00).  In addition to any penalty assessed for the violation of this section, any vehicle parked or left standing in violation of this section, or the provisions of any declaration adopted pursuant thereto, may be impounded as provided in Article 11, Chapter 8 of this Code. 

(Ord. No. 6724, 11-28-2000)

 

8-915.2    SNOW EMERGENCY ROUTES

It shall be unlawful for any person to park any vehicle on any of the following streets or portions of streets during a snow emergency period when the City Manager or his/her designated representative, has, by declaration, prohibited parking on said streets.

 

 

STREET

 

 

EXTENT

 

11th Street

 

 

From 30th Avenue to Avenue M

 

16th Street

 

From 17th Avenue to Avenue M

 

25th Street

 

 

From East City limits to West City limits

 

29th Street

 

 

From 2nd Avenue to Lakeview Drive

 

31st Street

 

 

From 2nd Avenue to Avenue N

 

33rd Street

 

 

From 2nd Avenue to 6th Avenue

 

35th Street

 

 

From 6th Avenue to 30th Avenue

 

39th Street

 

 

From 30th Avenue to Antelope Avenue

 

45th Street

 

 

From Avenue N to Avenue R

 

48th Street

 

 

From 6th Avenue to Avenue N

 

56th Street

 

 

From West City limits to East City limits

 

2nd Avenue

 

 

From North City limits to South City limits

 

5th Avenue

 

 

From 11th Street to 33rd Street

 

6th Avenue

 

 

From 33rd Street to 48th Street

 

17th Avenue

 

 

From 35th Street to North City limits

 

30th Avenue

 

 

From 11th Street to North City limits

 

Avenue A

 

 

From 31st Street to 39th Street

 

Avenue E

 

 

From 22nd Street to 56th Street

 

Avenue H

 

 

From 11th Street to 22nd Street

 

Avenue I

 

 

From 25th Street to 39th Street

 

Avenue M

 

 

From 11th Street to 27th Street and Avenue N

 

Avenue N

 

 

From 25th Street to North City limits

 

Avenue R

 

 

From 39th Street to 45th Street

 

Antelope Avenue

 

 

From Highway 30 to 39th Street

 

Country Club Lane

 

 

From 24th Street to 35th Street

 

Country Club Lane

 

 

From 39th Street to North City limits

 

Grand Avenue

 

 

From 25th Street to Antelope Avenue

 

Lakeview Drive

 

 

From 29th Street to 35th Street

 

North Railroad Street

 

 

From Avenue N to 30th Avenue

 

South Railroad Street

 

 

From Central Avenue to Avenue M

 

Plaza Boulevard

 

 

From Railroad Street to 24th Street

 

University Drive

 

 

From Lakeview Drive to 24th Street

 

      The City Engineer shall place appropriate signs, marks, lines, signals or other traffic control devices indicating the existence of such snow emergency routes.  The designation of any street, highway or portion thereof as a snow emergency route shall in no way affect any previous designation of that street or highway as an arterial or other road designation.  A map of the City showing which streets or roads are currently designated as snow emergency routes shall be kept and maintained in the Office of the City Engineer available for public inspection.

      The parking, stopping or allowing to remain standing of any vehicle in any street or district in which parking is prohibited during the period of time set forth in such declaration shall constitute a violation of this section, punishable as a traffic infraction in accordance with Section 1-113 of the City Code.  In addition to any penalty assessed for the violation of this section, any vehicle parked or left standing in violation of this section, or the provisions of any declaration adopted pursuant thereto, may be impounded as provided in Article 11, Chapter 8 of this Code. 

(Ord. No. 6724, 11-28-2000; Ord. No. 6755, 12-26-2000; Ord. No. 6838, 10-23-2001; Ord. No. 7230, 12-27-2005; Ord. No. 7290, 8-22-2006)

 

8-915.3    PARKING PROHIBITED BETWEEN 12:00 A.M. AND 6:00 A.M. 

It shall be unlawful for any person to park any vehicle between the hours of 12:00 a.m. and 6:00 a.m. on any of the following streets or portions of streets or public parking areas:

 

 

STREET

 

 

EXTENT

 

Parking lot

 

 

South of 25th Street between Central Avenue and Avenue A (north of MONA)

(Ord. No. 6555, 7-27-99; Ord. No. 6724, 11-28-2000)

 

8-916       ANGLE PARKING

On the following streets or portions of streets, vehicles shall be parked at the curb on an angle of forty-five (45) degrees with the curbline, and entered in the direction in which the traffic is permitted to travel:

 

 

STREET

 

 

EXTENT

 

Central Avenue

 

 

From 26th Street to 15th Street

 

West Side of Central Avenue

 

 

From 15th Street to 14th Street

 

Avenue A

 

 

From 26th Street to Railroad Street

 

1st Avenue

 

 

From 26th Street to Railroad Street

 

South Side of 26th Street

 

 

From 7th Avenue to 9th Avenue

(Code 1958, 19.40; Code 1980, 22-139; Ord. No. 7363, 7-24-2007; Ord. No. 7558, 11-24-2009)

 

8-917       PROHIBITED IN EXCESS OF EIGHT HOURS

It shall be unlawful for any person to park any vehicle on any of the following streets or portions of streets and public parking areas for a period of time in excess of eight (8) consecutive hours:

 

 

STREET

 

 

EXTENT

 

1st Avenue

 

 

From 25th Street to 24th Street

 

1st Avenue

 

 

East side, between 23rd Street and 24th Street

 

1st Avenue

 

 

West side, from two (2) hour parking lot south to Railroad Street

 

1st Avenue

 

 

West side, from 23rd Street to 22nd Street

 

1st Avenue

 

 

West side, from 21st Street to 22nd Street except for the north 150 feet

 

Avenue A

 

West side, from the entrance of the parking lot located between 22nd Street and 23rd Street, south to a point 100 feet south of the intersection of 22nd Street and Avenue A

 

 

Avenue A

 

 

East side, from 23rd Street to 22nd Street

 

Avenue A

 

 

West side, from 23rd Street to 22nd Street

 

Avenue B

 

 

From 25th Street to Railroad Street

 

24th Street

 

 

From 2nd Avenue to the alley east of 2nd Avenue

 

24th Street

 

 

From 1st Avenue to Avenue A

 

24th Street

 

 

South side, from Avenue A to Avenue B

 

24th Street

 

 

North side, from Avenue B to the alley west of Avenue B

 

23rd Street

 

 

South side, from Central Avenue A to Avenue B

 

23rd Street

 

 

From 2nd Avenue to 1st Avenue

 

23rd Street

 

 

North side, from Avenue A to Avenue B

 

22nd Street

 

 

From Avenue A to Avenue B

 

21st Street

 

 

From 2nd Avenue to 1st Avenue

 

Railroad Street

 

 

From Avenue A to Avenue B

 

Parking lot

 

Directly east of 2nd Avenue and west of the alley between 21st Street and Railroad Street

 

 

Parking lot

 

 

Located on Avenue A between 22nd Street and 23rd Street north of City Hall

 

Parking lot

 

 

Located on the southeast corner of 22nd Street and Avenue A intersection

 

Parking lot

 

 

Located on the northeast corner of 21st Street and Avenue A intersection

 

Parking lot

 

Located west of Avenue B and east of the alley between 21st Street and 22nd Street

 

 

Parking lot

 

 

Located south of Railroad Street between Central Avenue and 1st Avenue

 

Parking lot

 

 

Located south of Railroad Street between Central Avenue and Avenue A

 

Parking lot

 

 

Located south of 25th Street between Central Avenue and Avenue A

 

Parking lot

 

 

Located between 23rd Street and 24th Street abutting 1st Avenue

 

Each period of eight (8) consecutive hours during which any motor vehicle is parked in the prohibited areas during any day shall constitute a separate and distinct violation of this section.  All areas designated for eight-hour parking shall be properly posted with appropriate signs by the City Manager. 

(Ord. No. 3964, 1, 11-10-87; Code 1980, 22-139.1; Ord. No. 5283, 7-23-91; Ord. No. 6315, 9-9-97;  Ord. No. 6481, 10-27-98; Ord. No. 6530, 5-11-99; Ord. No. 7370, 8-28-2007)

 

8-918       FORTY-EIGHT HOUR PARKING PROHIBITED

It shall be unlawful for any person to park any vehicle or to permit any vehicle to stand on one (1) side of the street within a block for a period longer then forty-eight (48) hours in the City.

(Ord. No. 5058, 8, 9-26-89; Code 1980, 22-139.2)

 

8-919       RECREATIONAL VEHICLES

It shall be unlawful for any person to park recreational vehicles, such as boats, boat trailers, camping trailers, hauling trailers, etc., on the public street for a period in excess of twenty-four (24) hours or for any other period of time in excess of permitted or authorized parking as specified by a posted sign and only for the purposes of loading and unloading.

(Ord. No. 5058, 7, 9-26-89; Code 1980, 22-144; Ord. No. 7438, 6-10-2008)

 

8-920       VEHICLES BACKED TO CURB

No vehicle shall remain backed to the curb except when it is actually loading or unloading and in no case longer than the actual time required.  If the vehicle is horse-drawn, the horses shall be turned at right angles to the vehicles and in the direction in which traffic on that side of the street is moving.

(Code 1958, 19.47; Code 1980, 22-140)

 

8-921       PARKING FOR PURPOSES OF LOADING AND UNLOADING GENERALLY.

      A.   No person shall operate a motor truck upon that part of Central Avenue which lies between the north side of Railroad Street and the south side of Twenty-Fifth (25th) Street in the City, for more than one (1) block consecutively and then only for the purpose of loading or unloading in the block traversed; provided, that this section shall not be construed as preventing the crossing of Central Avenue at any street intersection; provided, further, that this section shall not be construed to interfere with any duly authorized parade.

      B.   No person shall park any oil truck within the limits of any street for a period of time longer than is reasonably necessary to load or unload the same and in no event for a space of time longer than one (1) hour at any one time.

      C.   It shall be unlawful for any person to transfer the contents of one (1) truck to another while such trucks are parked in any street, except in case of breakdown or other emergency.

      D.   No vehicle made or used for the transportation of freight, produce or other bulk shall be parked upon that part of Central Avenue lying between the north boundary of Sixteenth (16th) Street and the south boundary of Twenty-Sixth (26th) Street excepting it is for the purpose of loading or unloading.  Such vehicle may park at the curb for the actual length of time required to load or unload, and the person in charge of the work shall proceed with the work diligently and without delay and so far as practicable freight or other commodities shall be unloaded from the right side and not from the end of such vehicle, and such vehicle shall be drawn in close to and parallel with the curb for such purpose.

(Code 1958, 19.39; Code 1980, 22-141)

 

8-922       SPECIFIC PARKING FOR LOADING PURPOSES ON 22ND STREET. 

Trucks or vehicles may park next to the curb on that portion of the North side of 22nd Street between Central Avenue and 1st Avenue from the East line of the alley East for a distance of thirty-six (36) feet for the purpose of loading or unloading freight or other commodities, subject to the following conditions:

      A.   Signs shall be placed at each end of the zone to identify the area between the signs as a loading zone;

      B.   Yellow paint shall be removed from the curb area adjacent;

      C.   The zone shall be open and accessible to use by the entire public for purposes of loading and unloading freight or other commodities; and

      D.   No operator shall park a truck or vehicle in said loading zone for a period in excess of twenty (20) continuous minutes.

(Ord. No. 5691, 2-8-94)

 

8-923       TRUCKS PROHIBITED

No motor truck or commercial vehicle shall be permitted to park upon Twenty-Fifth (25th) Street between Central Avenue and “A” Avenue.

(Code 1958, 19.40; Code 1980, 22-142)

 

            Cross Reference—Driving trucks on certain streets prohibited, 8-316

 

8-924       TRUCKS IN RESIDENTIAL DISTRICTS

It shall be unlawful for any person to park a truck, trailer or semitrailer, except a truck, trailer or semitrailer being used for the purpose of delivering or collecting goods, wares, merchandise or materials, on any street adjacent to property classified by the ordinances of the City for residence purposes for a period of time longer than is necessary for the expeditious delivery or collection of goods, wares, merchandise or materials, and in no event for a period of time exceeding two (2) hours; provided, however, that the provisions of this section shall not apply to trucks or trailers being used in connection with building repair, service or moving operations.

(Code 1958, 19.39-1; Code 1980, 22-143)

 

            Cross Reference—Driving trucks on certain streets prohibited, 8-316

 

8-925       LOADING ZONES; PERMIT REQUIRED

It shall be unlawful for any person or persons, firm, corporation or association to use any space on the surface of any street, within the corporate limits of the City of Kearney, for a truck loading zone, a passenger loading zone, a freight loading zone, or taxicab stand, as defined in this title, thereby rendering the street or sidewalk space so used unavailable for the parking of vehicles or the movement of vehicles or pedestrians, without first obtaining a permit in accordance with the terms and conditions hereinafter stated.

(Ord. No. 3322, 1, 2-24-81; Code 1980, 22-157)

 

8-926       LOADING ZONES; APPLICATION

Applications for permits provided for in this division shall be made to the City Manager or officers designated by him/her.  No permit shall be issued except to public conveyance concerns which wish to use such space for loading and unloading passengers, or to the leaseholders, tenants or record owners of the land adjacent to the space sought to be used for the purposes herein stated.  Once a permit has been issued it may be renewed upon proof of the payment of the annual permit fee as provided for herein, unless such permit has been revoked, canceled, or suspended.

(Ord. No. 3322, 2, 2-24-81; Code 1980, 22-157.1)

 

8-927       LOADING ZONES; FEE

For the purpose of defraying the cost to the City for regulating, marking and maintaining the use or privilege of a truck loading zone, passenger loading zone, freight loading zone or a taxicab stand along, or upon the surface of any street or sidewalk, there is hereby imposed an annual fee per space as set forth in the City of Kearney Comprehensive Fee Schedule.  Prior to the issuance of any permit provided for herein, such permit fee must be paid to the City of Kearney.

(Ord. No. 3322, 3, 2-24-81; Code 1980, 22-157.2; Ord. No. 7358, 6-12-2007 effective October 1, 2007)

 

8-928       LOADING ZONES; COLOR CODE FOR MARKING ZONES

Each truck loading zone, passenger loading zone, freight loading zone or taxicab stand shall be marked by appropriate sign and/or painted curb in compliance with the following color code:

      A.   For truck loading zone and freight loading zone, the curb color shall be green;

      B.   For passenger loading zone and taxicab stand, the curb color shall be white.

(Ord. No. 3322, 4, 2-24-81; Code 1980, 22-158)

 

8-929       LOADING ZONES; CITY’S RIGHT TO REFUSE PERMIT APPLICATION.  

The application for the issuance of a permit under this division shall not be construed to vest any rights thereto in the applicant, or limit the right of the City of Kearney, by and through its City Manager, to refuse said applicant. The City of Kearney by and through its City Manager or designated representative reserves the right to refuse an application when the issuance of such permit would create a traffic hazard or not be beneficial to the public welfare.

(Ord. No. 3322, 5, 2-24-81; Code 1980, 22-158.1)

 

8-930       LOADING ZONES; CANCELLATION OF PERMIT

The City of Kearney reserves the right, by and through its City Manager or designated representative, to cancel any permit at any time.  When any permit has been canceled, surrendered, or terminated, the permit holder shall be responsible for the costs necessary to replace the street, including curbing or sidewalk, in the same condition it was prior to the issuance of such permit.

(Ord. No. 3322, 6, 2-24-81; Code 1980, 22-159)

 

8-931       LOADING ZONES; PERMITTED ZONES USED ONLY FOR STATED PURPOSE

Compliance with the provisions of this division shall not give the person complying therewith any greater, different, or additional rights or privileges than are provided by the ordinances of the City of Kearney, or rules and regulations thereunder relating to truck loading zones, passenger loading zones, freight loading zones, parking limit zones, or taxicab stands.  Such zones, as defined and enumerated herein, shall not be used by the permit holder for parking unattended motor vehicles.  Such zones are available only for the purposes stated herein and only for the reasonable time required to accomplish such purposes.

(Ord. No. 3322, 7, 2-24-81; Code 1980, 22-159.1)

 

8-932       LOADING ZONES; TIME LIMIT FOR USE OF PASSENGER ZONE

No person shall stop, stand or park a vehicle for any purpose or period of time other than for the expeditious loading or unloading of passengers in any place marked as a passenger loading zone during hours when the regulations applicable to such loading zone are effective, and then only for a period not to exceed five (5) minutes.

(Ord. No. 3322, 8, 2-24-81; Code 1980, 22-160)

 

8-933       LOADING ZONES; LIMITATIONS ON USE OF FREIGHT ZONE

No person shall stop, stand or park a vehicle for any purpose or length of time other than for the expeditious unloading and delivery or pickup and loading of materials in any place marked as a freight loading zone during hours when the provisions applicable to such zones are in effect. In no case shall the stop for loading and unloading of materials exceed thirty (30) minutes.

(Ord. No. 3322, 9, 2-24-81; Code 1980, 22-160.1)

 

8-934       LOADING ZONES; TRUCK ZONE LIMITATIONS

No person shall stand, stop or park any vehicle except a truck or a trailer in a place marked as a truck loading zone.  No person shall stop, stand or park a trailer or a truck for any purpose or length of time other than for the expeditious unloading and delivery or pickup and loading of materials in any place marked as truck loading zone during hours when the provisions applicable to such zones are in effect.  In no case shall the stop for loading and unloading of materials exceed thirty (30) minutes.

(Ord. No. 3322, 10, 2-24-81; Code 1980, 22-160.2)

 

8-935       LOADING ZONES; TAXICABS TO BE PARKED ONLY IN STANDS

The operator of a taxicab shall not stand or park such vehicle upon any street at any place other than in a taxicab stand so designated as provided herein.  This provision shall not prevent the operator of a taxicab from temporarily stopping in accordance with other stopping or parking regulations at any place for the purpose of and while actually engaged in the expeditious loading or unloading of passengers.

(Ord. No. 3322, 11, 2-24-81; Code 1980, 22-161)

 

8-936       LOADING ZONES; USE OF TAXI STAND BY OTHER THAN CAB DRIVER

No person shall stop, stand or park a vehicle other than a taxicab in a taxicab stand when any such stop or stand has been officially designated and appropriately signed, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any taxicab waiting to enter or about to enter such zone. (Ord. No. 3322, 12, 2-24-81; Code 1980, 22-161.1)

 

8-937       LOADING ZONES; MARKING OF ZONES BY OTHER THAN CITY PROHIBITED

It shall be unlawful for any person to paint the curb of any street or in any manner set aside or attempt to prevent or regulate the parking of vehicles in any street or part thereof.  The marking or designating of portions of streets or alleys where parking of vehicles is prohibited or limited shall be done only by the City through its proper officers.

(Ord. No. 3322, 13, 2-24-81; Code 1980, 22-162)

 

8-938       REPEALED.

(Ord. No. 6049, 12-12-95)

 

8-939       VIOLATIONS BUREAU; DESIGNATION

The Police Department is hereby designated as the Violations Bureau for the City.

(Code 1958, 19.52; Code 1980, 22-151; Ord. No. 6050, 12-12-95; transferred from Code 1994, 8-1202)

 

8-940       VIOLATIONS BUREAU; DUTY OF OFFICERS GENERALLY

It shall be the duty of the police officers of the City to accept penalties and fees herein designated and to represent such violators as are permitted and desire to plead guilty in accordance with the proceedings set forth.

(Code 1958, 19.52; Code 1980, 22-152; Ord. No. 6050, 12-12-95; transferred from Code 1994, 8-1203)

 

8-941       VIOLATIONS BUREAU; NOTIFICATION OF VIOLATORS

Violators of this Article shall be given notice in the form of an official police tag attached to the offending motor vehicle, which notice shall require such violators to appear forthwith at the Police Department. Such official police tag shall contain a statement that a complaint and warrant of arrest shall be issued to the owner of the motor vehicle to which the notice was affixed if such notice of violation is disregarded for a period of fifteen (15) days.

(Code 1958, 19.53; Code 1980, 22-153; Ord. No. 6050, 12-12-95; transferred from Code 1994, 8-1204)

 

8-942       VIOLATIONS BUREAU; PRESUMPTION OF VIOLATION

If any vehicle is found upon any street or alley in violation of any of the provisions of this Article, and the identity of the driver cannot be determined, the owner or person in whose name such vehicle is registered shall be held prima facie responsible for such violation. (Code 1980, 22-154; Ord. No. 6050, 12-12-95; transferred from Code 1994, 8-1205)

 

8-943       VIOLATIONS BUREAU; PENALTIES AND FEES

Any violator of the provisions of Sections 8-901 through 8-937 of Article 9, Chapter 8, appearing at the Police Department and desiring to waive court appearance shall present the official police tag and pay the Police Department according to the City of Kearney Comprehensive Fee Schedule.

      The first three dollars ($3.00) of the initial fine paid shall be assessed as a fee covering costs of administration.  In the event that such violators fail to appear in response to such notice and pay the prescribed fine within fifteen (15) days, such violators or the owners of vehicles used to commit the offense shall be deemed guilty of a failure to appear, punishable as an infraction and shall be prosecuted and punished in accordance with the provisions of this Code. The Police Department may issue a citation or may cause a complaint and warrant to be filed against such persons who fail to comply with the procedures set forth in this division.

(Code 1958, 19.54; Ord. No. 2841, 3, 6-13-78; Ord. No. 3976, 1, 12-22-87; Ord. No. 5058, 9, 9-26-89; Code 1980, 22-155; Ord. No. 6050, 12-12-95; transferred from Code 1994, 8-1206; Ord. No. 7358, 6-12-2007 effective October 1, 2007)

 

8-944       VIOLATIONS BUREAU; RECORD OF VIOLATIONS; DISPOSITION OF PENALTIES

Violations Bureau; Record of Violations; Disposition of Penalties and Fees Collected.

The Police Department shall make a record of all violators of this Article showing name of each violator, the time and date of each violation, the disposition of the case and the penalty and fees assessed. Such record shall be kept for a period of at least two (2) years.  All money collected by the Police Department under this division shall be paid to the Director of Finance and Administration.

(Code 1958, 19.55; Code 1980, 22-156; Ord. No. 6050, 12-12-95; transferred from Code 1994, 8-1207)

 

 

ARTICLE 10.  STORAGE OF UNLICENSED MOTOR VEHICLES ON PRIVATE PREMISES

 

8-1001     DEEMED NUISANCE; EXCEPTION

It is hereby expressly found and determined that the practice of permitting unlicensed motor vehicles, motor vehicle bodies and motor vehicle chassis or parts therefrom to be stored or accumulated on private premises is unsightly and unhealthy and constitutes a nuisance to the citizens and residents of this City; provided, the storage or accumulation of such motor vehicles, motor vehicle bodies and motor vehicle chassis or parts therefrom in completely enclosed buildings shall not be considered a nuisance.

(Code 1958, 19.64; Code 1980, 22-164)

 

8-1002     PROHIBITED; EXCEPTION

It shall be unlawful for any person in charge or control of any property within the City, whether as owner, tenant, occupant, lessee or otherwise, to allow, cause or permit any non-operating, wrecked, junked or partially dismantled vehicle, including motor vehicle bodies, motor vehicle chassis or parts therefrom, to be stored, placed, kept, retained or accumulated on such property longer than fifteen (15) days; provided that this section shall not apply to any such motor vehicle, motor vehicle body or chassis or parts therefrom that are kept or stored in a completely enclosed building, a vehicle on the premises of a business enterprise operated in a lawful place and manner when necessary to the lawful operation of such business enterprise or a vehicle in an appropriate storage place or depository maintained in a lawful place or manner.

(Code 1958, 19.65; Ord. No. 5058, 11, 9-26-89; Code 1980, 22-165)

 

8-1003     INAPPLICABILITY OF ARTICLE TO CERTAIN PREMISES

This Article shall not apply to the premises for which permit has been granted to a junk dealer under the provisions of Chapter 3, Article 17, nor shall it apply to the premises where a licensed motor vehicle or a farm implement dealer conducts his/her business.

(Code 1958, 19.66; Code 1980, 22-166)

 

8-1004     PENALTY FOR VIOLATIONS OF THIS ARTICLE

Any person violating any of the provisions of this Article shall be deemed guilty of an infraction and, upon conviction thereof, shall be fined in accordance with the provisions of this Code.  Each day any such violation shall occur or continue shall constitute and be deemed a separate offense.  Any person charged with the commission of an infraction which was committed more than two (2) years after such person’s last conviction for the same infraction shall be charged as though the most recent infraction were a first offense.

(Code 1958, 19.67; Ord. No. 5058, 12, 9-26-89; Code 1980, 22-167)

 

 

ARTICLE 11.  TOWING AND IMPOUNDMENT OF VEHICLES

 

8-1101     DEFINITIONS.

      A.   Impoundment.  For purposes of this Article, the term “impoundment” shall mean removal of a vehicle to a storage facility, either by an officer or authorized agent or agents of the City Police Department, or by a contractor for towing and storage, in response to a request from an officer or authorized agent of the Kearney Police Department.

      B.   Vehicle.  For the purposes of this Article, the term “vehicle” shall mean every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved solely by human power or used exclusively upon stationary rails or tracks.

(Ord. No. 3991, §1(1), (2), 3-8-88; Code 1980, 22-172)

 

8-1102     DUTY OF POLICE.

It shall be the duty of the Police Department to remove and impound all vehicles found upon the streets, alleys, and public areas and ways in the City in those circumstances and situations defined hereinafter in accordance with the procedures and notice requirements provided herein.

(Ord. No. 3991, 1(3), 3-8-88; Code 1980, 22-173)

 

8-1103     IMPOUNDMENT; WITHOUT PRIOR NOTICE

A vehicle may be impounded with or without citation and without giving prior notice to its owner or the person entitled to possession as required by section 8-1108 only under the following circumstances:

      A.   When the vehicle is impeding or is likely to impede the normal flow of vehicular or pedestrian traffic; or

      B.   When the vehicle is illegally parked in a zone designated “truck,” “bus,” “loading,” “hooded-meter,” “taxi,” or other similar zones where, by order of the Council, parking is limited to certain classes of vehicles or is prohibited during certain hours, on designated days or at all times, and where such vehicle is interfering with the proper and intended use of such zones; or

      C.   When the vehicle poses an immediate danger to the public safety; or

      D.   When a police officer has probable cause to believe that the vehicle is stolen; or

      E.   When a police officer has probable cause to believe that the vehicle constitutes evidence of a crime or contains evidence of a crime if impoundment is reasonably necessary in such instance to obtain or preserve such evidence; or

      F.   There is a public emergency requiring removal of the vehicle; or

      G.  The motor vehicle has accumulated five (5) unpaid parking citations, and the Police Department has sent the registered owner of the vehicle notice of the fifth (5th) unpaid ticket by registered or certified mail; or

      H.   Whenever any police officer shall find a vehicle standing unattended upon a street or highway in violation of any of the provisions of Neb. Rev. Stat. §60-601 to 60-6,374 or any City ordinance.

      Nothing in this section shall be construed to authorize seizure of a vehicle without a warrant where a warrant would otherwise be required.

(Ord. No. 3991, 1(4), 3-8-88; Code 1980, 22-174; Ord. No. 6084, 2-27-96; Ord. No. 6223, 1-28-97)

 

8-1104     IMPOUNDMENT; WITH NOTICE

A vehicle not subject to impoundment without prior notice under the terms of section 8-1103 may be impounded after a notice of such proposed impoundment has been securely attached to and conspicuously displayed on the vehicle for a period of ninety-six (96) hours prior to such impoundment, and notice of the proposed impoundment, the form of which shall be promulgated by the City Manager, including procedure for redemption, and opportunity for hearing to contest the propriety of the proposed impoundment as provided in section 8-1109 hereinafter, has been mailed by certified or registered mail to the last-known address of the registered owner of the vehicle as may be disclosed by the vehicle license number if such is obtainable, and to any other person who claims the right to possession of the vehicle if such a claim is known to the Police Department, for the following reasons:

      A.   When such vehicle is parked and/or used in violation of any law, ordinance or regulation; or

      B.   When such vehicle is abandoned, as that term is defined by this Code, subsections 8-502(A) through (D) inclusive; or

      C.   When such vehicle is so mechanically defective as to be unsafe for operation; provided, however, that this section shall not be construed to prevent the operation of any such defective vehicle to a place for correction of equipment defect in the manner directed by any police officer.

(Ord. No. 3991, 1(5), 3-8-88; Code 1980, 22-175)

 

8-1105     REMOVAL OF NOTICE

Removal of the warning notice provided for by section 8-1104 herein from a vehicle without first having moved the vehicle to a legally permitted location shall constitute an infraction. (Ord. No. 3991, 1(6), 3-8-88; Ord. No. 5058, 13, 9-26-89; Code 1980, 22-176)

 

8-1106     HOW IMPOUNDMENT TO BE EFFECTED

When impoundment is authorized by this Chapter, a vehicle may be impounded either by an officer or authorized agent of the Police Department or by a contractor for towing and storage acting at the request of an office or authorized agent of the Police Department.

(Ord. No. 3991, 1(7), 3-8-88; Code 1980, 22-177)

 

8-1107     TOWING

      A.   The City may contract the services of one (1) or more competent towing service firms for the removal of motor vehicles taken into the custody of the City for impoundment under any provision of this Code.  Said contract shall provide for a schedule of maximum charges for towing of such motor vehicles, which charges shall be assessed to the City.

      B.   A towing service company who, at the request of the City, takes a vehicle into custody shall submit their charges for the service for the just and reasonable costs of towing to the City.  The Police Department may retain possession of the vehicle until all charges, including towing fees, storage fees, administrative fees, and any additional costs are paid, and may cause the vehicle to be sold at public auction pursuant to section 8-1114 herein.

(Ord. No. 3991, 1(8), 3-8-88; Code 1980, 22-178)

 

8-1108     NOTICE TO OWNER THAT VEHICLE HAS BEEN IMPOUNDED

      A.   If any motor vehicle is impounded by the City, the Chief of Police shall make reasonable efforts to ascertain the names and addresses of the registered owner and legal owner if any, and/or the person(s) entitled to possession.

      B.   If the names and addresses of such owners or persons entitled to possession can be ascertained, except as to vehicles mentioned in subsection (D) of this section, the Chief of Police shall, except for those given notice prior to towing in accordance with section 8-1105 hereof, cause notice to be mailed within twenty-four (24) hours, holidays and Sundays excluded, of the date of recovery forthwith, by certified mail, return receipt requested, addressed to the registered owner of the vehicle, or person legally entitled to possession.  Such notice shall include the following information:  the location where the vehicle may be redeemed by the owner or person entitled to possession, upon satisfactory proof of ownership or right to possession; the amount of any fines, towing fees, storage fees, and costs or administrative fees which must be paid or posted pursuant to this Code; the date after which the vehicle will be subject to public sale; and, that a hearing on the validity of the tow and on the amount of costs and fees may be had if requested within five (5) days of receipt of the notice.

      C.   Actual notice of a tow may be given personally to the owner or person entitled to possession.  Such actual notice must include all information required under subsection (B) of this section.  Actual notice may be used in lieu of the mailed notice required by subsection (B).

      D.   With respect to vehicles which have been taken as evidence, or are recovered after having been stolen, the notice set forth in subsection (B) of this section shall be given within twenty-four (24) hours of the date of recovery, or of release by the prosecuting attorney if the vehicle is held for evidence.

      E.   The form of the notice provided for by this section shall be promulgated by the City Manager. (Ord. No. 3991, 1(9), 3-8-88; Code 1980, 22-179)

 

8-1109     HEARING

      A.   Upon written request of the legal owner or the person entitled to possession of the vehicle being delivered to the Kearney Police Department, a hearing shall be held before the Buffalo County Court or an independent hearing officer to be appointed by the City Manager.

      B.   The hearing shall be set and conducted within two (2) regular court days of receipt of the request, holidays, Saturdays, and Sundays not included.  The hearing can be set for a later date if the owner or person entitled to possession so requests.  At the hearing, the owner may contest:

            1.   The validity of the action of the Police Department in taking the vehicle into custody; and,

            2.   The amount of the towing and storage fees and administrative costs charged for the impoundment.

      C.   At any time prior to the requested hearing, the owner or the person entitled to possession of the vehicle may regain possession of the impounded vehicle by posting with the City security in the form of cash in an amount sufficient to cover costs of towing, storage and any fines or administrative costs owed.

      D.   If the judge or hearing officer finds that:

            1.   The action of the City in impounding the vehicle was proper, the judge or hearing officer shall enter an order supporting the removal and impoundment.

            2.   The action of the City in impounding the vehicle was invalid, the judge or hearing officer shall:

                  (a)  Order the vehicle released to the owner;

                  (b)  Find that the owner is not liable for any towing, storage, or other charges occasioned by the taking; and

                  (c)  If the person requesting the hearing does not appear at the scheduled hearing, the judge or hearing officer may enter an order supporting the impoundment and assessment of towing, storage, and administrative costs, and apply any security posted against such costs.

(Ord. No. 3991, 1(10), 3-8-88; Code 1980, 22-180)

 

8-1110     REDEMPTION OF IMPOUNDED VEHICLE; IN GENERAL

The legal owner, registered owner or person entitled to possession of an impounded vehicle my reclaim such vehicle any time after it is taken into custody, and before it is sold, upon presentation of satisfactory proof of ownership or right to possession to the Chief of Police, and payment of towing and storage charges, including administrative fees and costs, or posting of security required under this Article. (Ord. No. 3991, 1(11), 3-8-88; Code 1980, 22-181)

 

8-1111     REDEMPTION OF IMPOUNDED VEHICLE; FEES

Any person entitled to redeem an impounded vehicle shall pay to the Police Department the actual cost of towing the vehicle, the cost of storage, and an administrative fee thereof, before the vehicle is released, as set forth in the City of Kearney Comprehensive Fee Schedule.

(Ord. No. 3991, 1(14), 3-8-88; Code 1980, 22-182; Ord. No. 7358, 6-12-2007 effective October 1, 2007)

 

8-1112     REDEMPTION OF IMPOUNDED VEHICLE; EXEMPTION FROM FEES

      A.   No impoundment fee, storage fee, and/or towing or other costs shall be assessed against the owner of the vehicle when the vehicle is impounded by order of the Police Department, and not by direction of the vehicle owner, and verified as stolen by the Police Department, when:

            1.   Substantial evidence of theft exists, as determined by the recovering officer; or,

            2.   The vehicle was reported as stolen before it was impounded, and there is no tangible evidence of negligence by an authorized user which contributed to the theft, including but not limited to, keys left on or in the vehicle; provided, that the owner or the person authorized to redeem the vehicle shall pay any applicable storage charges or costs commencing on the seventh day after impoundment for such purpose.

      B.   No impoundment fee, storage fee, towing charge, or other costs shall be assessed against the owner of the vehicle which is being held for investigatory purposes and which is redeemed within ninety-six (96) hours after the Police Department shall have notified the owner of the release of such vehicle; provided, such owner or person authorized to obtain possession of such impounded vehicle shall pay any charges assessed for storage or costs after said ninety-six hour period; provided further, that if the registered owner or driver authorized by the registered owner is arrested or charged with a crime in connection with the incident leading to impoundment, the owner is not exempted from towing, administrative costs or fees.

(Ord. No. 3991, 1(15), 3-8-88; Code 1980, 22-183)

 

8-1113     APPRAISAL OF VEHICLES

Within ten (10) days of any motor vehicle coming into the custody of the City for any reason, the Chief of Police shall cause such vehicle to be appraised.

(Ord. No. 3991, 1(12), 3-8-88; Code 1980, 22-184)

 

8-1114     VEHICLES NOT REDEEMED

Any impounded vehicle not redeemed within thirty (30) days of mailing of the notice required by section 8-1108 of this Article or ordered released by a judge or hearing officer after appeal by the owner or person entitled to possession, shall be deemed abandoned and shall be disposed of in accordance with the provisions of Article 5 of Chapter 8 of this Code.

(Ord. No. 3991, 1(13), 3-8-88; Code 1980, 22-185)

 

8-1115     CERTAIN VEHICLES DEEMED NUISANCE

Automobiles illegally parked or falling within the definitions of vehicles which may be impounded without prior notice, or falling within the definitions of vehicles which may be impounded only after notice, and vehicles which are abandoned are hereby determined to constitute a menace to the safe and proper regulation of traffic and are hereby declared to constitute and to be nuisances.

(Ord. No. 3991, 1(16), 3-8-88; Code 1980, 22-186)

 

            Cross Reference—Nuisances, Ch. 5, Art. 4

 

 

ARTICLE 12.  (REPEALED AND TRANSFERRED)

 

8-1201     REPEALED

(Ord. No. 6041, 11-28-95)

 

8-1202     Transferred to 8-939.

(Ord. No. 6050, 12-12-95)

 

8-1203     Transferred to 8-940.

(Ord. No. 6050, 12-12-95)

 

8-1204     Transferred to 8-941.

(Ord. No. 6050, 12-12-95)

 

8-1205     Transferred to 8-942.

(Ord. No. 6050, 12-12-95)

 

8-1206     Transferred to 8-943.

(Ord. No. 6050, 12-12-95)

 

8-1207     Transferred to 8-944.

(Ord. No. 6050, 12-12-95)

 

 

ARTICLE 13.  ANIMALS GENERALLY

 

8-1301     DEFINITIONS

For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

 

ABANDON:  To leave any animal for any length of time without making effective provision for its food, water, or other care as is reasonably necessary for the animal’s health.

 

ANIMAL CONTROL AUTHORITY:  The animal control authority shall consist of three (3) members:  The City Manager, the Chief of Police and the Animal Warden.

 

ANIMAL:  Any live vertebrate creature, domestic or wild, including dogs.

 

ANIMAL SHELTER:  Any premises designated by action of the City for the purposes of impounding and caring for all animals found running at large in violation of this Chapter.

 

ANIMAL WARDEN:  The person employed by the City Manager as the animal enforcement officer.

 

AT LARGE:  Any animal shall be deemed to be at large when it is off the property of its owner and not under control of a competent person.

 

CRUELLY MISTREAT:  To knowingly and intentionally kill, maim, disfigure, torture, beat, mutilate, burn, scald, or otherwise set upon any animal.

 

CRUELLY NEGLECT:  To fail to provide any animal in one’s care, whether as owner or custodian, with food, water, or other care as is reasonably necessary for the animal’s health. 

 

DANGEROUS OR VICIOUS ANIMALS:  Any wild mammal, reptile, or fowl which is not naturally tame or gentle but is of a wild nature or disposition and which, because of its size, vicious nature, or other characteristics, would constitute a danger to human life or property if not kept or maintained in a safe manner or in secure quarters; and any domestic mammal, reptile, or fowl which, because of its size, vicious propensity, or other characteristics would constitute a danger to human life or property if not kept or maintained in a safe manner or in secure quarters.

 

DOMESTIC ANIMALS:  Animal species other than “wild animals” as defined herein that have been domesticated by humans and are typically kept as pets, livestock, or fowl for companionship, food sources or working purposes.

 

EXPOSED TO RABIES:  An animal has been exposed to rabies within the meaning of this Chapter if it has been bitten by, or been exposed to, any animal known to have been infected with rabies.

 

FOWL:  Domesticated bird species kept by humans for future consumption as food sources, or kept for the breeding of offspring for the same purpose.  Fowl are generally kept in pens and consist of chicken and turkey species; pheasants, quail and similar upland game birds, waterfowl including ducks and geese.

 

HOUSEHOLD PETS:  Domesticated animal species kept by humans for companionship, entertainment or as a hobby typically within the confines of a residence, oftentimes in an enclosure of some type, but some types of household pets routinely leave the confines of the residence and are brought into the public realm.  Typical pets include dogs; cats; potbelly pigs; specialty rabbits; laboratory rats and mice; guinea pigs, hamsters, gerbils and similar rodents; chinchillas and ferrets; parrot and parakeet type birds; finches; doves; non-venomous reptiles and amphibians; arachnids; and fresh and saltwater fish.

 

HUMANE KILLING:  The destruction of an animal by a method which causes the animal a minimum of pain and suffering.

 

KENNEL OPERATOR:  Any person engaged in the commercial business of breeding, buying, selling or boarding cats or dogs.

 

LARGE ANIMAL PETS:  Domesticated hooved animal species kept by humans that are typically housed in pens or enclosures outside of a residence such as a corral, barn, stable, or fenced pasture.  Large animals typically kept as pets include horses, mules, ponies, cows, calves, sheep, goats, llamas, alpacas and pigs.

 

LAW ENFORCEMENT OFFICER:  Any member of the Animal Control Authority, any member of the Police Department, or any other public official authorized to enforce animal control laws, rules, regulations, or ordinances.

 

LIVESTOCK:  Domesticated hooved animal species that are kept by humans for future consumption as food sources, or kept for the breeding of offspring for the same purpose.  Livestock are generally kept in pastures and pens.

 

OWNER:  Any person owning, keeping or harboring one (1) or more animals.  An animal shall be deemed to be harbored if it is fed or sheltered for three (3) consecutive days or more.

 

PUBLIC NUISANCE:  Any animal or animals which:

      A.   Molests or attacks passersby or passing vehicles.

      B.   Attacks other animals.

      C.   Trespasses on school grounds.

      D.   Is repeatedly at large.

      E.   Damages private or public property.

      F.   Barks, whines, or howls in an excessive, continuous, or frequent manner disturbing the comfort or repose of the residents of any residential neighborhood.

 

RESTRAINT:  Any animal secured by a leash or lead, or under the control of a responsible person and obedient to that person’s commands, or within the real property limits of its owner.

 

SERVICE ANIMALS:  Service Animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. Service animals must be harnessed, leased, or tethered, unless these devices interfere with the service animal’s work or the individual’s disability prevents using these devices. In that case, the individual must maintain control of the animal through voice, signal, or other effective controls. Dogs whose sole function is to provide comfort or emotional support do not qualify as services animals.

 

SPAYED FEMALE: Any female which has been operated upon to prevent conception.

 

WILD ANIMALS:  Any live monkey (nonhuman, primate), raccoon, skunk, fox, poisonous snake, leopard, panther, tiger, lion, lynx, or any other warm blooded animal which can normally be found in the wild state.

(Ord. No. 2711, 1(6.1), 9-27-77; Code 1980, 7-1; Ord. No. 6314, 8-26-97)

 

            State Law Reference—Neb. Rev. Stat. 28-1008

 

8-1302     ENFORCEMENT

      A.   Regulations for the keeping of animals in residential zones are listed herein and in Section 46-102 of the Kearney City Code.

      B.   The provisions of this Chapter shall be enforced by the Animal Control Authority of the City and are hereby specifically made applicable to certain designated manufactured home courts and parks located in the limits of the City of Kearney as specified by resolution of the Council.

            Upon the written request of the owners or operators of semi-public, but privately owned manufactured home courts within the City limits of the City of Kearney, the Council may by resolution specify the name and description of the area to which the provisions of Chapter 8 shall be applied.  Such resolution shall be kept available for the public by the City Clerk and the City’s animal wardens and police officers shall be authorized and empowered to exercise all their usual powers and duties with respect to regulation and enforcement of the provisions of Chapter 8 with regard to violations committed upon the premises of the specified courts.

            The owners or operators of the said manufactured home courts shall furnish to the Police Department a current and accurate copy of the rules and regulations pertaining to the operation of the mobile home courts.

 (Code 1958, 6.7; Ord. No. 3348, 1, 2-24-81; Code 1980, 7-2; Ord. No. 7793, 3-12-2013)

 

8-1303     RIGHT OF ENTRY AND SEIZURE

For the purpose of discharging the duties imposed by this Chapter and to enforce its provisions, any agent of the Animal Control Authority or any police officer, is empowered to enter upon any premises upon which an animal is kept or harbored.  Any agent of the Animal Control Authority may enter the premises where any animal is kept in a reportedly cruel or inhumane manner and demand to examine such animal and to take possession of such animal, when in his/her opinion, it requires humane treatment.

(Code 1958, 6.8; Code 1980, 7-3)

 

8-1304     INTERFERENCE WITH ENFORCEMENT

No person shall interfere with, hinder or molest any agent of the Animal Control Authority in the performance of any duty of such agent, or seek to release any animal in the custody of the Animal Control Authority, or its agents, except as provided in this Chapter.

(Code 1958, 6.9; Code 1980, 7-4)

 

8-1305     RECORDS TO BE KEPT

      A.   Records of Impoundment, etc.  It shall be the duty of the Animal Control Authority to keep, or cause to be kept, accurate and detailed records of the licensing, impoundment and disposition of all animals coming into its custody.

      B.   Records of Bite Cases.  It shall be the duty of the Animal Control Authority to keep or cause to be kept, accurate and detailed records of all bite cases reported to it and its investigations of same.

      C.   Monetary Records and Audits.  It shall be the duty of the Animal Control Authority in conjunction with the City Clerk to keep, or cause to be kept, accurate and detailed records of all moneys belonging to the City, which records shall be open to inspection at reasonable times by such persons responsible for similar records of the City and shall be audited by the City annually in the same manner as other City records are audited.

(Code 1958, 6.10; Code 1980, 7-5)

 

8-1306     EXEMPTIONS FROM CHAPTER

      A.   Hospitals, etc.  Hospitals, clinics and other premises operated by licensed veterinarians for the care and treatment of animals are exempt from the provisions of this Chapter, except where such duties are expressly stated.

      B.   Nonresident Dogs.  The licensing requirements of this Chapter shall not apply to any dog belonging to a nonresident of the City and kept within the City for not longer than thirty (30) days; provided, that all such dogs shall at all times while in the City be kept within a building, enclosure or vehicle or be under restraint by the owner.

(Code 1958, 6.16; Code 1980, 7-6)

 

8-1307     NUISANCES

No owner shall fail to exercise proper care and control of his/her animals or allow them to become a public nuisance.

(Ord. No. 2711, 2(b)(6.2), 9-27-77; Code 1980, 7-7)

 

8-1308     CONFINEMENT OF VICIOUS, ETC., ANIMALS

Every dangerous or vicious animal shall be confined by the owner within a building or secure enclosure and shall be securely muzzled or caged whenever off the premises of its owner.

(Ord. No. 2711, 3(6.3), 9-27-77; Code 1980, 7-8)

 

8-1309     WILD ANIMALS PROHIBITED WITHIN THE CITY LIMITS

Wild animals as defined in this Chapter are prohibited within the corporate limits of the City.

(Code 1958, 6.11; Code 1980, 7-9; Ord. No. 7793, 3-12-2013)

 

8-1310     LARGE ANIMAL PETS, LIVESTOCK, AND FOWL PROHIBITED WITHIN CITY LIMITS

Large animal pets, livestock and fowl shall not be permitted inside the corporate limits of the City of Kearney.

      A.   Exemptions.

The property on which the animals are located is zoned AG, Agricultural District, RR-1, Rural Residential District (Rural Standards) or RR-2, Rural Residential District (Intermediate Standards) as shown on the Official Zoning Map of the City and as described in the Kearney City Code.  The keeping of animals within these zoning districts is only allowed in accordance with the specific regulations enumerated in Section 46-102 of the Kearney City Code pertaining to the type, quantity and area requirements for animals.

            1.   The animals are considered a legal non-conforming use of the property in accordance with Chapter 58 of the Kearney City Code.

            2.   The animals are associated with a Therapeutic Riding Facility approved by the City Council in allowable commercial or industrial zones in accordance with the zoning ordinance.

 (Code 1958, 6.12; Code 1980, 7-10; Ord. No. 7793, 3-12-2013; Ord. No. 7807, 5-14-2013)

 

8-1311     REPEALED

(Code 1958, 6.14; Code 1980, 7-12; Ord. No. 7793, 3-12-2013)

 

8-1312     ANIMAL WASTES

The owner of every animal shall be responsible for the immediate removal and proper disposal of any excreta deposited by his/her animal(s) on public walks, recreation areas or private property.

(Ord. No. 2711, 6(6.17), 9-27-77; Code 1980, 7-13)

 

8-1313     ABANDONMENT, NEGLECT AND CRUELTY; LAW ENFORCEMENT OFFICER; POWERS; IMMUNITY

      A.   Any law enforcement officer who has reason to believe that an animal has been abandoned or is being cruelly neglected or cruelly mistreated may seek a warrant authorizing entry upon private property to inspect, care for, or impound the animal.

      B.   Any law enforcement officer who has reason to believe that an animal has been abandoned or is being cruelly neglected or cruelly mistreated may issue a citation to the owner as prescribed by law.

      C.   Any law enforcement officer acting under this section shall not be liable for damage to property if such damage is not the result of the officer’s negligence.

(Code 1958, 6.13; Code 1980, 7-11)

 

            State Law Reference—Neb. Rev. Stat. 28-1012

 

8-1314     ANIMALS; ABANDONMENT, NEGLECT, AND CRUELTY; PENALTY

It shall be unlawful for any person to abandon, cruelly mistreat, or cruelly neglect an animal.

 

            State Law Reference—Neb. Rev. Stat. 28-1009

 

 

ARTICLE 14.  HOUSEHOLD PETS

 

8-1401     RESTRAINT OF DOGS

All dogs shall be kept under restraint at all times by their owner or owners and shall not be permitted to be at large off the premises or property of the owner unless under the control of a competent person.

(Ord. No. 2711, 2(a)(6.2), 9-27-77; Code 1980, 7-25)

 

            State Law Reference—Authority to prohibit running at large, Neb. Rev. Stat. §16-206, 16-235

 

8-1402     CONFINEMENT OF FEMALE PETS IN HEAT.

Every female dog or cat in heat shall be confined in a building or secure enclosure in such a manner that such female dog or cat cannot come into contact with another animal except for controlled or commercial breeding purposes.

(Ord. No. 2711, 4(6.4), 9-27-77; Code 1980, 7-26)

 

8-1403     RABIES TAG; REQUIRED

No person shall own, keep or harbor any dog within the City unless such dog has a current rabies immunization tag as provided by this division.

(Code 1958, 6.17; Code 1980, 7-34)

 

8-1404     APPLICATION; RABIES VACCINATION CERTIFICATE REQUIRED

Every owner is responsible to obtain and maintain a current rabies certificate, issued by a competent licensed veterinarian, and to present same upon demand of the animal control authority or any police officer.

(Code 1958, 6.18; Code 1980, 7-35; Ord. No. 5423, 5-26-92)

 

8-1405     TAGS, RABIES IMMUNIZATION. 

Upon complying with the provisions of this division relating to tags, there shall be issued to the owner a numbered metallic tag, stamped with the number and the year for which issued indicating rabies immunization, veterinary clinic who immunized, and the date the next immunization is due.  The shape or design for such tag shall be changed from year to year.

      Every owner is required to see that the tag is securely fastened to the dog’s choke chain, collar or harness which must be worn by the dog at all times.

(Code 1958, 6.24; Code 1980, 7-41)

 

8-1406     PRESUMPTION OF VIOLATION

Any dog found within the City which does not have the tag required by the provisions of this division is hereby deemed to be in violation of the provisions of this Chapter.

(Code 1980, 7-42)

 

8-1407     IMPOUNDMENT; AUTHORITY

It shall be the duty of the Animal Control Authority or the Police Department to seize and impound, subject to the provisions of this Article, all animals found in violation of the provisions of this Chapter within this City, whether such animal shall be in the immediate presence of its owner or custodian or otherwise.

(Code 1958, 6.25; Code 1980, 7-54)

 

8-1408     IMPOUNDMENT; ANIMALS OTHER THAN PETS

Animals other than dogs and cats shall be impounded when found in violation of the provisions of this Article within the City limits and disposed of in accordance with Section 54-415 of the Revised Statutes of this State.

(Code 1958, 6.29; Code 1980, 7-55)

 

8-1409     IMPOUNDMENT; UNNECESSARY IF OWNER IS KNOWN

When dogs are found running at large, and their ownership is known to the agents of the Animal Control Authority, such dogs need not be impounded, but the agent may, at his/her discretion, cite the owners of such dogs to appear in court to answer charges of violation of this Article.

(Code 1958, 6.27; Code 1980, 7-56)

 

8-1410     IMPOUNDMENT; NOTIFICATION OF OWNERS

Immediately upon impounding dogs, or other animals, the agents of the Animal Control Authority shall make a reasonable effort to notify the owners of such dogs, or other animals so impounded, and inform such owners of the conditions whereby they may regain custody of such animals.

(Code 1958, 6.28; Code 1980, 7-57)

 

8-1411     IMPOUNDMENT; RIGHT TO REDEEM

The owner of any animal which has been impounded under the provisions of this Article, with the exception of those animals impounded under Sections 8-1420 through 8-1423 of this Code, shall have the right to redeem the same upon the payment of any and all fees which may be due and payable for the impoundment of such animal; provided, however, the payment of such impoundment fees shall not bar the imposition of any fine which may be imposed for the violation of this Chapter.

(Code 1958, §6.31, 6.32; Ord. No. 3967, 1, 11-24-87; Code 1980, 7-58)

 

8-1412     IMPOUNDMENT; TIME FOR REDEMPTION

All impounded animals shall be redeemed within three (3) days after the same was impounded.  Any such animal not redeemed within such time may be sold, destroyed or otherwise disposed of.

(Code 1958, 6.25; Code 1980, 7-59)

 

8-1413     REPEALED

(Code 1958, 6.33; Ord. No. 4083, 2, 2-28-89; Code 1980, 7-60; Ord. No. 7358, 6-12-2007 effective October 1, 2007)

 

8-1414     REPEALED

(Code 1980, 7-61; Ord. No. 7358, 6-12-2007 effective October 1, 2007)

 

8-1415     IMPOUNDMENT; ADOPTING UNSPAYED FEMALE DOGS

No unspayed female dog which has been impounded by reason of its being a stray shall be allowed to be adopted from the animal shelter unless the prospective owner shall agree to have such female spayed.

(Code 1958, 6.30; Code 1980, 7-62)

 

8-1416     IMPOUNDMENT; TRANSFER OF TITLE BY ANIMAL AUTHORITY

The Animal Control Authority may transfer the title of all animals held by it at its animal shelter to interested purchasers after the legal detention period has expired and the animal has not been claimed by its owner.  In the event of such transfer of title it is expressly understood that the purchaser shall pay for each animal’s food until it shall be removed from the animal shelter.

(Code 1958, 6.26; Code 1980, 7-63)

 

8-1417     IMPOUNDMENT; REDEMPTION OF CERTAIN ANIMALS; RESTRICTED

Any animal described in sections 8-1308, 8-1401 or 8-1439 found at large shall be impounded by the Animal Control Authority and may not be redeemed by owners, unless such redemption be authorized by any court having jurisdiction.

      Any dog or other animal running at large which has bitten a person shall be impounded immediately by the Animal Control Authority and, at the termination of the required observation period, shall be destroyed unless redemption is previously authorized by a court of competent jurisdiction.

(Ord. No. 2711, 5(6.6), 9-27-77; Code 1980, 7-64)

 

8-1418     IMPOUNDMENT; REDEMPTION OF CERTAIN ANIMALS; ANIMALS DEEMED NUISANCE.

Any dog, cat or other animal impounded for being a public nuisance as defined by 8-1301 (A), (B), and (D) may not be redeemed unless such redemption is authorized by any court having jurisdiction.

(Code 1958, 6.35; Code 1980, 7-65)

 

8-1419     IMPOUNDMENT; DISPOSITION OF UNREDEEMED ANIMALS

Any animal impounded under the provisions of this Article and not reclaimed by its owner may be humanely destroyed by the Animal Control Authority, or placed in the custody of some person deemed to be a responsible and suitable owner, who will agree to comply with the provisions of this Chapter and such other regulations as shall be fixed by the Animal Control Authority; provided, that if the animal is one as to which the respective rights of the owner and the person in the possession or custody are determined by State law, such law shall be complied with.

(Code 1958, 6.34; Code 1980, 7-66)

 

8-1420     IMPOUNDMENT; DESTRUCTION OF UNREDEEMABLE ANIMALS

When in the judgment of the Animal Control Authority or its agents, an animal should be destroyed for humane reasons, such animal may not be redeemed.

(Code 1958, 6.36; Code 1980, 7-67)

 

8-1421     VETERINARIANS TO SUBMIT RECORDS TO ANIMAL CONTROL AUTHORITY.

All veterinary clinics and veterinarians, resident within the city limits or who are vaccinating an animal that is kept or maintained within the city limits, shall maintain records on the issuance of rabies vaccinations, certificates of vaccination, rabies vaccination “tags,” and duplicates thereof, and shall forward to the Animal Control Authority on a monthly basis, copies of the records on a continuing basis.  Records shall include:  owner information - name, address, telephone number; dog breed, description by color and markings, gender, pet name; tag number issued, date of issuance and expiration of vaccination.

 

8-1422     RABIES CONTROL; QUARANTINE OF ANIMALS BITING A PERSON

Every animal which bites a person shall be promptly reported to the Animal Control Authority, and shall thereupon be securely quarantined at the direction of the Animal Control Authority for a period of ten (10) days, and shall not be released from such quarantine except by written permission of the Animal Control Authority.  At the discretion of the Animal Control Authority, such quarantine may be on the premises of the owner, at the shelter designated as the City Animal Shelter, or at the owner’s option and expense, in a veterinary hospital of his/her or her choice.  In the case of stray animals, or in the cases of animals whose ownership is not known, such quarantine shall be at the shelter designated as the City Animal Shelter.

(Code 1958, 6.37; Code 1980, 7-79)

 

8-1423     RABIES CONTROL; SURRENDER OF BITING ANIMALS; RELEASE OF UNINFECTED ANIMALS

The owner upon demand made by the Animal Control Authority shall forthwith surrender any animal which has bitten a human, or which is suspected as having been exposed to rabies, for supervised quarantine which expense shall be borne by the owner, and may be reclaimed by the owner if adjudged free of rabies, upon payment of fees provided for in section 8-1416 of this Code, and upon compliance of licensing provisions set forth in sections 8-1403 through 8-1410 of this Code, if the animal is a dog.

(Code 1958, 6.38; Code 1980, 7-80)

 

8-1424     RABIES CONTROL; PROCEDURE WHEN SUSPECTED ANIMAL DIES

When an animal under quarantine has been diagnosed as being rabid, or suspected by a licensed veterinarian as being rabid, and dies while under such observation, the Animal Control Authority shall immediately send the head of such animal to the State Health Department for pathological examination.  The Authority shall notify the proper public health officer of reports of human contacts and the diagnosis made of the suspected animal.

(Code 1958, 6.39; Code 1980, 7-81)

 

8-1425     RABIES CONTROL; CITY-WIDE QUARANTINE; DECLARATION; CONFINEMENT, ETC. OF ANIMALS

When one (1) or both reports as provided by section 8-1428 give a positive diagnosis of rabies, the Animal Control Authority shall recommend a City-wide quarantine for a period of thirty (30) days and upon the invoking of such quarantine, no animal shall be taken into the streets, or permitted to be in the streets, during such period of quarantine.  During such quarantine no animal may be taken or shipped from the City without written permission of the Animal Control Authority.

(Code 1958, 6.40; Code 1980, 7-82)

 

8-1426     RABIES CONTROL; CITY-WIDE QUARANTINE; TREATMENT OF BITTEN ANIMALS

Rabies Control; City-Wide Quarantine; Destruction or Treatment of Bitten Animals.

      During the period of rabies quarantine as provided by the preceding section, every animal bitten by an animal adjudged to be rabid, shall be forthwith destroyed, or at the owner’s option and expense, shall be treated for rabies infection by a licensed veterinarian, or held under thirty (30) days’ quarantine by the owner in the same manner as other animals are quarantined.

(Code 1958, 6.41; Code 1980, 7-83)

 

8-1427     RABIES CONTROL; CITY-WIDE QUARANTINE; EXTENSION OF QUARANTINE

In the event there are additional positive cases of rabies occurring during the period of City-wide quarantine, such period of quarantine may be extended for an additional six (6) months.

(Code 1958, 6.42; Code 1980, 7-84)

 

8-1428     RABIES CONTROL; UNAUTHORIZED DESTRUCTION OR REMOVAL OF ANIMALS.

Rabies Control; Unauthorized Destruction or Removal of Suspected Animals.

      No person shall kill, or cause to be killed, any rabid animal, any animal suspected of having been exposed to rabies or any animal biting a human, except as provided by this Article, nor remove same from the City limits without written permission from the Animal Control Authority.

(Code 1958, 6.43; Code 1980, 7-85)

 

8-1429     RABIES CONTROL; SURRENDER OF EXPOSED DEAD ANIMALS

The carcass of any dead animal exposed to rabies shall upon demand be surrendered to the Animal Control Authority. (Code 1958, 6.44; Code 1980, 7-86)

 

8-1430     RABIES CONTROL; DISPOSITION OF INFECTED ANIMALS

The Animal Control Authority shall direct the disposition of any animal found to be infected with rabies.

(Code 1958, 6.45; Code 1980, 7-87)

 

8-1431     RABIES CONTROL; REFUSAL TO SURRENDER ANIMALS

No person shall fail or refuse to surrender any animal for quarantine or destruction as required in this Article when demand is made therefor by the Animal Control Authority.

(Code 1958, 6.46; Code 1980, 7-88)

 

8-1432     RABIES CONTROL; REPORT OF PERSONS BITTEN BY ANIMALS

It shall be the duty of every physician, or other practitioner, to report to the Animal Control Authority the names and addresses of persons treated for bites inflicted by animals, together with such other information as will be helpful in rabies control.

(Code 1958, 6.47; Code 1980, 7-89)

 

8-1433     RABIES CONTROL; VETERINARIAN’S REPORT OF SUSPECTED ANIMALS

It shall be the duty of every licensed veterinarian to report to the Animal Control Authority his/her diagnosis of any animal observed by him/her as a rabies suspect.

(Code 1958, 6.48; Code 1980, 7-90)

 

8-1434     EXEMPTIONS FROM ARTICLE

The provisions of this Article shall not cover existing livestock by sale barn commercial operators or persons in the business of buying and selling livestock or of commercial and licensed meat packers or commercial pet shops located within the commercial zoned districts.

(Code 1958, 6.56; Ord. No. 3398, 1, 6-9-81; Code 1980, 7-101)

 

8-1435     REPEALED

(Code 1958, 6.5; Code 1980, 7-102; Ord. No. 7793, 3-12-2013)

 

8-1436     REPEALED

(Code 1958, 6.50; Code 1980, 7-103; Ord. No. 7793, 3-12-2013)

 

8-1437     REPEALED

(Code 1958, 6.51; Code 1980, 7-104; Ord. No. 7793, 3-12-2013)

 

8-1438     SANITARY REGULATIONS

All pens, enclosures, and shelter structures wherein household pets are kept, under this Article, shall be kept in a sanitary condition, and the bedding, offal, manure and waste material accumulating from such household pets shall be removed or disposed of in a sanitary manner at least once within every seven (7) days, and all such pens, enclosures and shelter structures shall, at all times be kept clean or disinfected so as to prevent the breeding of flies and other bacteria carrying insects, and the emission of deleterious and offensive odors there from.

(Code 1958, 6.54; Code 1980, 7-105; Ord. No. 7793, 3-12-2013)

 

8-1439     DOGS AND CATS; LIMIT ON NUMBER. 

No owner or keeper of any dogs or cats shall keep, harbor, or maintain in, about, or upon the premises occupied by such owner as his or her residence, more than four (4) dogs and/or cats at any one time.  The offspring of any dog or cat shall not count toward the maximum number of dogs or cats allowed, for a period of four (4) months after the birth of said offspring.  However, only one exempt litter of cats or dogs may be kept in a household at any one time.  For the purposes of this Article, the term “owner or keeper” shall include the head of any family and all family members and guests, it being the intention of this ordinance to limit the total number of dogs and/or cats to four (4) per household. 

(Ord. No. 6314, 8-26-97)

 

8-1440     DOGS AND CATS; EXCEPTIONS TO LIMITS. 

No person shall own, keep, harbor or maintain any dog(s) or cat(s) in, about or upon premises not occupied by such owner as a residence, unless such premises is a clinic operated by a licensed veterinarian, a pet shop or a kennel licensed by the City or an animal shelter operated or authorized by the City; provided, however, no person may have more than two (2) dogs upon his or her business premises for protection purposes during nighttime hours, so long as said animals are secured for the safety of the public, subject to approval of the Animal Control Authority.

(Ord. No. 6314, 8-26-97)

 

 

ARTICLE 15.  GENERAL OFFENSES

 

8-1501     CURFEW; ESTABLISHED; EXCEPTIONS

It shall be unlawful for any person under the age of sixteen (16) years to remain in or upon the public streets, parks, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places, or to ride in or upon, drive or otherwise operate any automobile, bicycle or other vehicle in, upon, over or through the streets or other public places between the hours of 12:00 a.m. and 5:00 a.m., unless such person is accompanied by a parent, guardian or other adult person having the legal care and custody of such minor person or unless such minor person is upon an errand or business directed by his/her parents, guardian or legal custodian, or in en route between his/her place of employment and home.

(Code 1958, 21.5; Code 1980, 25-1)

 

8-1502     CURFEW; APPLICABILITY TO CERTAIN PREMISES

Curfew; Applicability to Certain Semipublic, Privately Owned Premises.

      A.   The provisions of section 8-1501 are hereby specifically made applicable to certain designated parking lots, shopping centers and similar semipublic but privately owned places located within the limits of the City, as specified by resolution of the Council.

      B.   Upon the written request of the owners or operators of semipublic but privately owned places within the City limits, such as parking lots, shopping centers and other semipublic places, the Council may, by resolution, specify the name and the description of the area to which the provisions of section 8-1501 shall be applied.  Such resolutions shall be kept available by the City Clerk for inspection by the public and, upon the passage of the resolutions specifying the parking lot, shopping center or other semipublic place, the Police Department and City Manager shall thereupon be immediately authorized, empowered and ordered to exercise all their usual powers and duties with respect to the regulations and enforcement of section 8-1501 with regard to offenses committed upon the premises of the specified areas.

      C.   Any person who violates any of the provisions of section 8-1501 while on the premises of a parking lot, shopping center or semipublic but privately owned place, as specified within the provisions of this section by resolution of the Council, shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished as provided in section 1-111 of this Code.

(Code 1958, 21.5-1; Code 1980, 25-2)

 

8-1503     CURFEW; RESPONSIBILITY OF PARENTS, ETC. 

It shall be unlawful for the parents, guardian or other adult person having the care and custody of a minor under the age of sixteen (16) years to allow or permit such minor to do any of the things or acts prohibited by section 8-1501 between the hours of twelve (12:00) a.m. and five (5:00) a.m. of the following day, unless the minor is accompanied by his/her parents, guardian or other adult person having the legal care and custody of the minor or unless the minor is upon an emergency errand or legitimate business directed by his/her parents, guardian or legal custodian.

(Code 1958, 21.6; Code 1980, 25-3)

 

8-1504     CURFEW; ARREST AND PROCEEDINGS

No minor arrested for a violation of curfew shall be placed in confinement until he/she has been taken home or the parents, guardian or legal custodian notified and until the arresting officer has ascertained whether or not the minor is within the control of his/her parents, guardian or legal custodian.  If the parents, guardian or legal custodian shall state that the minor cannot be controlled by them, then such minor shall be proceeded against; otherwise the parents, guardian or custodian shall be proceeded against.

(Code 1958, 21.7; Code 1980, 25-4)

 

8-1505     GAMBLING

It shall be unlawful for any person to engage in any form of gambling as provided by State law.

(Code 1958, §21.15—21.18; Code 1980, 25-5)

 

            State Law Reference—Gambling, Neb. Rev. Stat. §28-1101—28-1117

 

8-1506     PROSTITUTION

It shall be unlawful for any person to engage in any form of prostitution as provided by State law.

(Code 1958, §21.24—21.29; Code 1980, 25-6)

 

            State Law Reference—Prostitution, Neb. Rev. Stat. §28-801—28-804.01

 

8-1507     HORROR AND CRIME COMIC, ETC., PUBLICATIONS

      A.   Crime Publications.  It shall be unlawful for any person to sell, offer for sale, attempt to sell, exhibit, give away, keep in his/her possession with intent to sell or give away or in any way furnish or attempt to furnish to any child under the age of eighteen (18) years any comic book, magazine or other publication which, read as a whole, is concerned with an account of crime and which depicts by the use of drawings, the following crimes as defined in the several chapters and articles of the Criminal Code of the State:

            1.   Administering poisonous and injurious potions.

            2.   Aggravated assault.

            3.   Arson and other willful burning.

            4.   Assault in attempt of burglary.

            5.   Assault to maim or disfigure.

            6.   Assault with intent to commit rape.

            7.   Assault with intent to commit robbery.

            8.   Assault with intent to murder.

            9.   Burglary.

            10. False imprisonment.

            11. Kidnapping and abduction.

            12. Maiming and disfiguring.

            13. Malicious mischief.

            14. Murder.

            15. Rape.

            16. Robbery.

            17. Theft.

            18. Conspiracy to commit any of the foregoing offenses.

      B.   Intent of Section.  It is the intent of this section to include publications where the text is not prominently featured, but rather is incidental to the picture, being usually in the balloons that indicate the words spoken by the characters.

      C.   News Accounts not Included.  This section shall not be construed to apply to those accounts of crime which are part of the ordinary and general dissemination of news, nor to such drawings and photographs as are used to illustrate such accounts.

      D.   Historical or Literary Publications not Included.  This section shall not be construed to apply to legitimate, illustrated, historical accounts of crime.

      E.   Presumption from Displaying.  If any publication prohibited hereunder shall be displayed in any newsstand, bookstore, drugstore, market or other mercantile establishment, where the prohibited publication may be seen by any child under the age of eighteen (18) years visiting such establishment, such display shall be prima facie evidence that the person in charge of such establishment was then exhibiting the crime comic book or other prohibited publication and intended to sell, offer for sale, furnish or attempt to furnish such prohibited publication to a child under the age of eighteen (18) years in violation of this section, but it shall be competent for the defendant in any such case to show that no such intention existed.

(Code 1958, 21.22; Code 1980, 25-7)

 

8-1508     RESCUING PERSONS UNDER ARREST

No person shall rescue by force, ruse or otherwise, any person in the custody of any police officer of the City.

(Code 1958, 21.31; Code 1980, 25-8)

 

8-1509     SPITTING ON SIDEWALKS, PUBLIC BUILDINGS, ETC. 

It shall be unlawful for any person to spit or expectorate on any sidewalk, crosswalk or in any cellarway, window, door grating or entrance to any basement, excavation or area in or under or leading from any sidewalk space in the City, or to spit or expectorate on the floor, wall or stairway in any hall or any public building in the City.

(Code 1958, 21.34; Code 1980, 25-9)

 

8-1510     REFUSING TO AID A POLICE OR PEACE OFFICER

A person commits the offense of refusing to aid a police or peace officer if, upon request by a person known to him/her to be a police or peace officer, he/she unreasonably refuses or fails to aid such police or peace officer in:

      A.   Apprehending any person charged with or convicted of any offense against any of the ordinances of the City or the laws of this State;

      B.   Securing such offender when apprehended; or

      C.   Conveying such offender to the jail of the county.

(Ord. No. 3229, 1, 5-13-80; Code 1980, 25-11)

 

8-1511     RESISTING ARREST; AFFIRMATIVE DEFENSE

      A.   A person commits the offense of resisting arrest if, while intentionally preventing or attempting to prevent a police or peace officer acting under color of his/her official authority from affecting an arrest of the actor or another, he/she:

            1.   Uses or threatens to use physical force or violence against the police or peace officer or another;

            2.   Uses any other means which creates a substantial risk of causing physical injury to the police or peace officer or another; or

            3.   Employs means requiring substantial force to overcome resistance to effecting the arrest.

      B.   It is an affirmative defense to prosecution under this section if the police or peace officer involved was out of uniform and did not identify himself/herself as a police or peace officer by showing his/her credentials to the person whose arrest is attempted.

(Ord. No. 3229, 2, 5-13-80; Code 1980, 25-11)

 

8-1512     OBSTRUCTING A POLICE OR PEACE OFFICER

A person commits the offense of obstructing a police or peace officer when, by using or threatening to use violence, force, physical interference or obstacle, he/she intentionally obstructs, impairs or hinders the enforcement of the penal law of the preservation of the peace by a police or peace officer or when he/she fails or refuses to obey a lawful order directed to him/her by a police or peace officer.

(Ord. No. 3229, 3, 5-13-80; Code 1980, 25-13)

 

8-1513     INTERFERING WITH POLICE DOGS PROHIBITED. 

It shall be unlawful for any person to willfully or recklessly interfere with, disturb or meddle with any dog owned or used by the Police Department of the City of Kearney while such dog is being used by said Department or any member thereof in the performance of any duties or functions of said Department or of such member.

(Ord. No. 6002, 8-8-95)

 

8-1514     INJURING POLICE DOGS PROHIBITED. 

It shall be unlawful for any person to recklessly, willfully or maliciously tease, torture, torment, beat, kick, strike, mutilate, injure, disable or kill any dog owned or used by the Police Department of the City of Kearney.

(Ord. No. 6002, 8-8-95)

 

8-1515     TOBACCO; POSSESSION BY MINORS; UNLAWFUL. 

It shall be unlawful for any person under the age of eighteen (18) years to possess any tobacco products; provided that the possession by a person under the age of eighteen (18) years under the supervision of the parent or guardian of such person in the privacy of the parent’s or guardian’s home, or when required in the performance of a person’s duty an as employee, shall not be prohibited.  Tobacco products shall be defined to mean any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, or dipping tobacco. 

(Ord. No. 6321A, 10-14-97)

 

            State Law Reference—Neb. Rev. Stat. 28-1418

 

8-1516     TOBACCO; POSSESSION BY MINORS; PENALTY. 

Any person or persons violating the provisions of Section 8-1515 shall be deemed guilty of an infraction and, upon conviction, shall be punished in accordance with Section 1-112 of this Code, except that the minimum fine for a first offense shall be $35.00.  Each distinct act or violation of the terms of Section 8-1515 shall constitute a separate offense.  The City Prosecutor shall have discretion to dismiss charges against any minor charged with violation of Section 8-1515 when the said minor has furnished evidence for the conviction of the person or persons selling or giving him/her the tobacco products.

(Ord. No. 6321A, 10-14-97)

 

            State Law Reference—Neb. Rev. Stat. 28-1419

 

8-1517  RESIDENCY RESTRICTIONS FOR SEX OFFENDERS. 

      A.   Purpose.  It is the intent of this ordinance to serve the City's compelling interest to protect the health, safety and welfare of the children of the City of Kearney, Nebraska from the risk that sex offenders may reoffend where children congregate on a regular concentrated basis by prohibiting certain sex offenders from establishing a residence around schools and/or licensed day cares.

      B.   Definitions.  The following words, terms and phrases, when used in this ordinance, shall have the meanings prescribed to them in this section, except where the context clearly indicates a different meaning:

            1.   Sex Offender shall mean a person subject to registration requirements under the Sex Offender Registration Act, Neb. Rev. Stat. §§29-4001 to 29-4014, (2004 Cum. Supp. and 2005 Supp.), and any future amendments thereto and who is a sexual predator as defined by Section 29-4016 of the Nebraska Revised Statutes, and the rules and regulations promulgated by the Nebraska State Patrol to carry out the Sex Offender Registration Act.

            2.   Reside or Residence shall mean a place where the sex offender abides, lodges, lives or sleeps for five (5) or more aggregate working days.

            3.   School shall mean any public or non-public school accredited or approved by the State of Nebraska which has or includes any or all grade kindergarten through 12th grade.

      C.   Residency Restrictions. It shall be unlawful for a sex offender to reside within five hundred (500) feet of the real property comprising a school or licensed day care.

      D.   Measurement of Distance. For purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the residence to the nearest outer property line of the school or licensed day care.

      E.   Penalty for Violation. Any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished by imprisonment in the county jail for a period not to exceed six (6) months or by a fine of not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00) or both such fine and imprisonment.

      F.   Exceptions. A sex offender residing within five hundred (500) feet of the real property comprising a school or licensed day care does not commit a violation of this section if any of the following apply:

            1.   The sex offender is committed to, being evaluated at, or required to serve a sentence at a jail, prison, juvenile facility, or other correctional institution or facility.

            2.   The sex offender has established a residence prior to the effective date of this ordinance.

            3.   The sex offender has established a residence prior to the dedication of location or start of construction, whichever is earlier, of the school or licensed day care.

            4.   The sex offender is, or was at the time of conviction, a minor not subject to the Sex Offender Registration Act because they were not convicted as an adult.

            5.   The sex offender is a ward under guardianship.

            6.   The sex offender is residing at an in-patient or residential treatment center for sex offenders.

      G.  This section does not preclude a sex offender deemed to be handicapped or disabled under the Fair Housing Act, Rehabilitation Act, or Americans with Disabilities Act from pursuing requests for reasonable accommodations.

(Ord. No. 7925, 8-12-2014; Ord. No. 7933, 9-9-2014)

 

            State Law Reference—Sex Offender Registration Act, Neb. Rev. Stat. §§29-4001 to 29-4019

 

 

ARTICLE 16.  OFFENSES AGAINST PROPERTY

 

8-1601  CRIMINAL MISCHIEF; PENALTY

      A.   A person commits criminal mischief if he/she intentionally or recklessly causes pecuniary loss in the amount of one hundred dollars ($100.00) or less, or if his/her action results in no pecuniary loss and if he/she:

            1.   Damages property of another intentionally or recklessly; or

            2.   Intentionally or recklessly tampers with property of another so as to endanger person or property; or

            3.   Intentionally or maliciously causes another to suffer pecuniary loss by deception or threat.

      B.   On being convicted or found guilty of the offense of criminal mischief, the person shall be subject to a maximum fine of five hundred dollars ($500.00) or three (3) months’ imprisonment in the county jail, or both.

(Code 1980, 25-24)

 

            State Law Reference—Criminal mischief, Neb. Rev. Stat. 28-519

 

8-1602     LARCENY

If any person shall steal any money, goods or chattels of any kind whatsoever of less value than one hundred ($100.00) dollars, the property of another, within the City, such person, upon conviction, shall be punished as provided in section 1-111 of this Code.

(Code 1958, 21.20-1; Code 1980, 25-25)

 

            State Law Reference—Theft, Neb. Rev. Stat. §28-509—28-518

 

8-1603     LOOTING AT FIRES

Any person who shall take, remove or carry away anything of value from the premises of a fire, other than to remove it to a safe distance from the fire to prevent its burning, shall be deemed guilty of a misdemeanor.

(Code 1958, 12.4; Code 1980, 25-26)

 

8-1604     REFUSAL TO PAY FARE

Any person who engages, makes use of or rides in any vehicle for hire who shall refuse, upon demand, to pay for such use or ride, shall be deemed guilty of a misdemeanor.

(Code 1958, 30.14; Code 1980, 25-27)

 

8-1605     CRIMINAL TRESPASS

A person commits criminal trespass if, knowing that he/she is not licensed or privileged to do so, he/she enters or remains in any place as to which notice against trespass is given by:

      A.   Actual communication to the actor;

      B.   Posting in a manner prescribed by law or reasonably likely to come to the attention of intruders; or

      C.   Fencing or other enclosure manifestly designed to exclude intruders.

(Ord. No. 3230, 1, 5-13-80; Code 1980, 25-28)

 

            State Law Reference—Neb. Rev. Stat. 28-520

 

8-1606     CRIMINAL TRESPASS; AFFIRMATIVE DEFENSES

It is an affirmative defense to prosecution under section 8-1605 that:

      A.   The premises were at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining on the premises;

      B.   The actor reasonably believed that the owner of the premises or other person empowered to license access thereto would have licensed him/her to enter or remain; or

      C.   The actor was in the process of navigating or attempting to navigate with a nonpowered vessel any stream or river within the City limits and found it necessary to portage or otherwise transport the vessel around any fence or obstruction in such stream or river.

(Ord. No. 3231, 1, 5-13-80; Code 1980, 25-29)

 

            State Law Reference—Neb. Rev. Stat. 28-522

 

8-1607     LITTERING OF PUBLIC OR PRIVATE PROPERTY

      A.   Any person who deposits, throws, discards or otherwise disposes of any litter 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 purposes.

      B.   The word “litter” as used in this section shall mean all waste material, rubbish, refuse, garbage, trash, debris or other foreign substances, solid or liquid, of every form, size, kind and description, susceptible to being dropped, deposited, discarded or otherwise disposed of by any person upon any property in the City, but does not include the depositing or disposing of waste or primary processes of farming or manufacturing on the premises of origin.  Waste material as used in this section shall mean any material appearing in a place or any context not associated with that material’s function or origin.

      C.   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 watercraft commits the offense of littering.

(Ord. No. 3232, 1, 5-13-80; Code 1980, 25-30; Ord. No. 3224, 1-28-97)

 

            Cross Reference—Distribution of handbills, 3-301, et seq.; littering prohibited generally, 5-203, et seq.; rubbish on streets, 8-308

 

8-1608     WINDOW-PEEPING; UNLAWFUL. 

It shall be unlawful for any person to enter upon, loiter or trespass upon the property of another without the consent of the owner, tenant or occupant thereof to look into or through a window, door or other aperture or opening of any building, residence, apartment, structure or other enclosure of any nature occupied or intended for occupancy as a dwelling, whether or not such building, residence, structure, apartment or enclosure is permanently situated or transportable, and whether or not such occupancy is permanent or temporary.  This section shall not apply to police, fire, public safety or emergency medical personnel who are engaged in the course of their lawful duties.  Violation of this section shall constitute a misdemeanor and be punishable in accordance with the provisions of Section 1-111.

(Ord. No. 6019, 10-10-95)

 

8-1609     UNLAWFUL SCAVENGING. 

It shall be unlawful for any person, other than the owner of a refuse container or his employee or agent, or the employees or agents of the City refuse collection services, to tamper with, rummage in, disturb, interfere with, scavenge, move or remove any refuse container or any refuse or recyclable material from such container. Such person, upon conviction, shall be punished as provided in Section 1-111 of this Code.

(Ord. No. 7672, 9-13-2011)

 

DIVISION TWO

GRAFFITI

 

8-1625     PURPOSE AND INTENT.

The City Council of Kearney, Nebraska is enacting this Ordinance to help prevent the spread of graffiti vandalism and to establish a program for the removal of graffiti from public and private property.  The Council is authorized to enact this Ordinance pursuant to its police powers.

The Council finds that graffiti is a public nuisance and a blighting factor, which is destructive of the rights and values of property owners as well as the entire community.  Unless the City acts to remove graffiti from public and private property, the graffiti tends to remain and multiply.  Other properties then become the target of graffiti, and entire neighborhoods are affected and become less desirable places in which to be, all to the detriment of the City.

      The City Council intends, through enacting this Ordinance, to provide additional enforcement tools to protect public and private property from acts of graffiti vandalism and defacement. 

(Ord. No. 6837, 10-9-2001)

 

8-1626     DEFINITIONS.

For the purposes of enacting this Ordinance, the following words shall have the meanings respectively ascribed to them in this Section, except where the context clearly indicates a different meaning:

      (a)  Aerosol paint container means any aerosol container that is adapted or made far the purpose of applying spray paint or other substances capable of defacing property.

      (b)  Broad‑tipped marker means any felt tip indelible marker or similar implement with a flat or angled writing surface that, at its broadest width, is greater than one‑fourth (1/4th) of an inch, containing ink or other pigmented liquid that is not water soluble.

      (c)  Etching equipment means any tool, device, or substance that can be used to make permanent marks on any natural or man-made surface.

      (d)  Graffiti means any unauthorized inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, applied, attached, adhered, painted, or engraved on or otherwise affixed to any surface of public or private property by person or persons using any graffiti implement, to the extent that the graffiti was not authorized in advance by the owner or occupant of the property, or, despite advance authorization, is otherwise deemed to be a public nuisance by the City Council.

      (e)  Graffiti implement means an aerosol paint container, a broad‑tipped marker, gum label, paint stick or graffiti stick, etching equipment, brush or any other device capable of making, scarring or leaving a visible mark on any natural or man‑made surface.

      (f)   Paint stick or graffiti stick means any device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure and leaving a mark of at least one‑eighth (1/8th) of an inch in width.               

      (g)  Person means any individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity. 

(Ord. No. 6837, 10-9-2001)       

 

8-1627     PROHIBITED CONDUCT.

Defacement. It shall be unlawful for any person to write, paint, draw or apply, in any manner, any inscription, figure, or mark of any type (commonly known and referred to as “graffiti”) on any public or private building or other real or personal property including, but not limited to, natural objects such as rocks and trees, owned, operated, or maintained by a governmental entity or any agency or instrumentality thereof, or owned by any person, firm, or corporation, unless permission of the owner or operator of the property has been obtained. 

(Ord. No. 6837, 10-9-2001)

 

8-1628     PENALTIES.

      (a)  Fines:  Any person violating the provisions of this division shall be punished in accordance with section 1-111 of the Code with a minimum fine of one hundred fifty dollars ($150.00) for the first offense; two hundred fifty dollars ($250.00) for the second offense; and three hundred dollars ($300.00) for each subsequent offense.

      (b)  Restitution:  In addition to any punishment specified in this Section, the court shall order any violator to make restitution to the victim for damages or loss caused directly or indirectly by the violator's offense in the amount or manner determined by the court. In the case of a minor, the parents or legal guardian shall be jointly and individually liable with the minor to make the restitution.

Community Service:  In lieu of, or as part of, the penalties specified in this Section, a minor or adult may be required to perform community service as described by the court:

            (1)  The minor or adult shall perform at least 30 hours of community service.

            (2)  At least one parent or guardian of the minor shall be in attendance a minimum of 50 percent of the period of assigned community service.

            (3)  The entire period of community service shall be performed under the supervision of a community service provider approved by the court.

            (4)  Reasonable effort shall be made to assign the minor or adult to a type of community service that is reasonably expected to have the most rehabilitative effect on the minor or adult, including community service that involves graffiti removal. 

(Ord. No. 6837, 10-9-2001)

 

8-1629     GRAFFITI DECLARED A NUISANCE.

      (a)  The existence of graffiti on public or private property in violation of this Ordinance is expressly declared to be a public nuisance and, therefore, is subject to the removal and abatement provisions specified in this Code.

      (b)  It is the duty of both the owner of the property to which the graffiti has been applied and any person who may be in possession or who has the right to possess such property to at all times keep the property clear of graffiti. 

(Ord. No. 6837, 10-9-2001)

 

8-1630     REMOVAL OF GRAFFITI BY PERPETRATOR.

Any person applying graffiti on public or private property shall have the duty to remove the graffiti within twenty‑four (24) hours after notice by the City or private owner of the property involved.  Such removal shall be done in a manner prescribed by the Chief of Police, the Director of the Department of Public Works, or as directed by the City Manager.  Any person applying graffiti shall be responsible for the removal or for the payment of the removal.  Failure of any person to remove graffiti or pay for the removal shall constitute an additional violation of this Ordinance.  Where graffiti is applied by an unemancipated minor, the parents or legal guardian shall also be responsible for such removal or for the payment for the removal. 

(Ord. No. 6837, 10-9-2001)

 

8-1631     NOTICE OF REMOVAL.

If graffiti is not removed by the perpetrator according to the preceding Section, the graffiti shall be removed pursuant to the following provisions: 

      (a)  Whenever the City Manager or his/her designee determines that graffiti exists on any public and private buildings, structures or places which are visible to any person utilizing any public right-of-way in this city, whether this is a road, parkway, alley, or otherwise, and that seasonal temperatures permit the painting of exterior surfaces, the City Manager or his/her designee shall cause a notice to be issued to the property owner or person(s) in possession or charge of the property to abate such nuisance.  The property owner shall have seven (7) days after the date of the notice to remove or paint over the graffiti, or the conditions will be subject to abatement by the city.  If the property owner elects to paint over the graffiti, the paint used to obliterate the graffiti shall be as close as practicable to background color(s).

      (b)  The notice to abate graffiti pursuant to this section shall consist of a written notice to be served upon the owner(s) of the affected premises, as such owner’s name and address appears on the last property tax assessment rolls of the county.  If there is no known address for the owner, the notice shall be sent in care of the property address to persons in possession or in charge of the property.  The notice required by this Section may be served in any one of the following manners:

            1.   By personal service on the owner, occupant or person in charge or control of the property.

            2.   By registered or certified mail addressed to the owner at the owner’s last known address.  If this address is unknown, the notice will be sent to the property address.

            The notice shall be substantially in the following form:

 

NOTICE OF INTENT TO REMOVE GRAFFITI

Date:

 

NOTICE IS HEREBY GIVEN that you are required by law at your expense to remove or paint over the graffiti located on the property commonly known as: _________________________, Kearney, Nebraska, which is visible to the public view, within seven (7) days after the date of this notice.  If you fail to do so, City employees or private contractors employed by the City will enter upon your property and abate the public nuisance by removal or painting over the graffiti.  The cost of the abatement by the City employees or its private contractors will be assessed upon your property and such costs will constitute a lien upon the land until paid.

 

All persons having any objections, comments interest in said matters or requests for a hearing are hereby notified to submit a request for a hearing to the City Manager of the City of Kearney, Nebraska, or his/her designee within five (5) days from the date of this notice.  At the conclusion of the seven (7) day period, if no hearing has been requested, the City may proceed with the abatement of the graffiti inscribed on your property, at your expense, without further notice.

                                                                  City of Kear ney, Nebraska

                                                                  A Municipal Corporation

 

                                                      By:       _____________________________

                                                      Title:    _____________________________

 

(Ord. No. 6837, 10-9-2001)

 

8-1632     REMOVAL BY CITY.

Upon failure of persons to comply with the notice by the designated date, or such continued date thereafter as the City Manager or his/her designee approves, then the City Manager, or his/her designee is hereby authorized and directed to cause the graffiti to be abated by city forces or private contract, and the city or its private contractor is expressly authorized to enter upon the premises for such purposes.  All reasonable efforts to minimize damage from such entry shall be taken by the city, and any paint used to obliterate graffiti shall be as close as practicable to background color(s).  If the City Administrator provides for the removal of the graffiti or other inscribed material, he shall not authorize nor undertake to provide for the painting or repair of any more extensive area than that where the graffiti or other inscribed material is located. 

(Ord. No. 6837, 10-9-2001)

 

8-1633     CITY’S COSTS DECLARED LIEN.

Any and all costs incurred by the city in the abatement of the graffiti nuisance under the provisions of this division shall constitute a lien against the property upon which such nuisance existed. 

(Ord. No. 6837, 10-9-2001)

 

8-1634     PRIVATE PROPERTY CONSENT FORMS.

Property owners in the city may consent in advance to city entry onto private property for graffiti removal purposes.  The city will make forms for such consent available. 

(Ord. No. 6837, 10-9-2001)

 

 

ARTICLE 17.  OFFENSES AGAINST THE PUBLIC PEACE

 

8-1701     DISORDERLY CONDUCT

      A.   Definitions.  For the purposes of this section, the following words and phrases shall have the following meanings:

            1.   Public place shall mean any place to which the general public has access and a right to resort for business, entertainment or other lawful purposes, but does not necessarily mean a place devoted solely to the uses of the public.  It shall also include the front or immediate area of any store, shop, restaurant, tavern or other place of business and also public grounds, areas or parks.

            2.   Riot shall mean a public disturbance involving:  an act or acts of violence by one (1) or more persons part of an assemblage of three (3) or more persons, which act or acts shall constitute a clear and present danger of or shall result in damage or injury to the property of any other person or to the person of any other individual; or a threat or threats of the commission of an act or acts of violence by one (1) or more persons part of an assemblage of three (3) or more persons having, individually or collectively, the ability of immediate execution of such threat or threats, where the performance of the threatened act or acts of violence would constitute a clear and present danger of or would result in damage or injury to the property of any other person or to the person of any other individual.

            3.   Incite a riot shall mean, but is not limited to, urging or instigating other persons to riot, but shall not be deemed to mean the mere oral or written advocacy of ideas or the expression of beliefs, not involving advocacy of any act or acts of violence or assertion of the rightness of or the right to commit any such act or acts.

      B.   Disorderly Conduct Prohibited.  A person shall be guilty of disorderly conduct if, with the purpose of causing public danger, alarm, disorder or nuisance, or if his/her conduct is likely to cause public danger, alarm, disorder or nuisance, he/she willfully does any of the following acts in a public place:

            1.   Commits an act in a violent and tumultuous manner toward another whereby that other is placed in danger of his/her life, limb or health;

            2.   Commits an act in a violent and tumultuous manner toward another whereby the property of any person is placed in danger of being destroyed or damaged;

            3.   Causes, provokes or engages in any fight, brawl or riotous conduct so as to endanger the life, limb, health or property of another;

            4.   Interferes with another’s pursuit of a lawful occupation by acts of violence;

            5.   Obstructs, either singly or together with other persons, the flow of vehicular or pedestrian traffic and refuses to clear such public way when ordered to do so by the City Police or other lawful authority known to be such;

            6.   Resists or obstructs the performance of duties by Police officer(s) or any other authorized official of the City, when known to be such an official;

            7.   Incites, attempts to incite or is involved in attempting to incite a riot;

            8.   Addresses abusive language or threats to any member of the Police Department, any other authorized official of the City who is engaged in the lawful performance of his/her duties, or any other person when such words have a direct tendency to cause acts of violence. Words merely causing displeasure, annoyance or resentment are not prohibited;

            9.   Damages, befouls or disturbs public property or the property of another so as to create a hazardous, unhealthy or physically offensive condition;

            10. Makes or causes to be made any loud, boisterous and unreasonable noise or disturbance to the annoyance of any other persons nearby, or near to any public highway, road, street, lane, alley, park, square or common, whereby the public peace is broken or disturbed or the traveling public is annoyed;

            11. Fails to obey a lawful order to disperse by a police officer, when known to be such an official, where one (1) or more persons are committing acts of disorderly conduct in the immediate vicinity and the public health and safety is imminently threatened;

            12. Uses abusive or obscene language or makes an obscene gesture.

            13. Urinates and/or defecates in public and/or in the view of the public.

      C.   Exemptions.  This section shall not be construed to suppress the right to lawful assembly, picketing, public speaking or other lawful means of expressing public opinion not in contravention of other laws.

      D.   Penalties.  Any person who violates any of the provisions of this section shall be subject to fines and/or imprisonment as provided in section 1-111 of this Code.  Any such violation shall constitute a separate offense on each successive day continued.

(Code 1958, 21.9; Ord. No. 3152, 1, 7-8-80; Code 1980, 25-40; Ord. No. 7014 12-23-2003)

 

8-1702     DISTURBING ASSEMBLIES

It shall be unlawful for any person within the City to disturb the peace and quiet of any public assembly of persons for religious worship or for any other purpose by any loud or unusual noise, boisterous laughing or talking or by any other manner whatsoever.

(Code 1958, 21.10; Code 1980, 25-41)

 

8-1703     DISTURBING THE PEACE

Any person who shall intentionally disturb the peace and quiet of any person, family or neighborhood commits the offense of disturbing the peace.

      Any person, partnership, firm or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined in a sum of not more than three hundred ($300.00) dollars for each offense.  Each separate act of violation of the terms of this section shall constitute a separate offense.

(Code 1958, 21.11; Ord. No. 3839, 1, 4-22-86; Code 1980, 25-42)

 

            State Law Reference—Neb. Rev. Stat. 28-1322

 

8-1703.1  LOUD NOISE. 

It shall be unlawful for any person to operate any radio, tape player, compact disc player, stereophonic sound system, or similar device which reproduces or amplifies radio broadcasts, or musical recordings, in or upon any street, alley, or other public place in such a manner as to be audible to other persons in such public place or places more than fifty (50) feet from the source.  Persons operating such devices while participating in licensed or permitted activities such as parades shall not be deemed to be in violation of this section. 

(Ord. No. 6709, 9-12-2000)

 

8-1704     UNLAWFUL ASSEMBLY

It shall be unlawful for two (2) or more persons to assemble together within the City upon any sidewalk or street thereof, in front of or adjacent to any store, shop or other place of business so as to obstruct the public right-of-way along the street or sidewalk, or entrance of the place of business, or so as to obstruct or injure the carrying on of any lawful business in any of the places aforesaid.

(Code 1958, 21.39; Code 1980, 25-43)

 

8-1705     DISORDERLY HOUSE; MAINTAINING

The term “disorderly house” as used in this section shall be deemed to be any room, house, building, structure or premises where unlawful or illegal acts are being committed.  It shall be unlawful for the owner, lessee or proprietor of any room, house, building, structure or premises to knowingly collect or permit to be collected therein persons who are engaging in any unlawful act, or to knowingly make, cause, permit or suffer to be made therein any loud or improper noise to the annoyance or disturbance of any person or neighborhood.

(Ord. No. 5468, 9-22-92)

 

8-1706     INMATE OF DISORDERLY HOUSE

It shall be unlawful for any person to be an inmate of or visit or frequent any disorderly house as declared in the above section with knowledge of, and participating in the illegal activities occurring therein. (Ord. No. 5468, 9-22-92)

 

8-1707     FAILURE TO DISPERSE

      (a)  Whenever a police officer has probable cause to believe that a person or persons are creating a disturbance of the peace and quiet of any person or neighborhood, such police officer may order said person or persons not residing on the premises to disperse for the purpose of abating said disturbance.

      (b)  It shall be unlawful for any person to refuse to comply with a lawful order to disperse given by a police officer in the performance of the officer’s duties under this section.

(Ord. No. 5469, 9-22-92)

 

8-1708     PENALTY

Any person, partnership, firm or corporation violating any of the provisions of section 8-1701, 8-1703, 8-1705, 8-1706 or 8-1707 shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished in accordance with section 1-111 of this Code. Any person, partnership, firm or corporation violating any of the provisions of Sections 8-1702, 8-1703.1, or 8-1704 shall be deemed guilty of an infraction, and, upon conviction, shall be punished in accordance with Section 1-112 of this Code.  Each distinct act or violation of the terms of any section of this ordinance shall constitute a separate and distinct offense.

(Ord. No. 5468, 9-22-92; Ord. No. 5469, 9-22-92; Ord. No. 6709, 9-12-2000)

 

 

ARTICLE 18.  OFFENSES AGAINST THE PERSON

 

8-1801     ASSAULT; PROHIBITED

It shall be unlawful for any person within the City to assault or threaten another in a menacing manner or strike or injure another.

(Code 1958, 21.3; Code 1980, 25-55)

 

            State Law Reference—Assault, Neb. Rev. Stat. §28-308—28-310

 

8-1802     ASSAULT; PROVOCATION

It shall be unlawful for any person within the City intentionally to provoke or attempt to provoke an assault upon himself or herself or another by the utterance of grossly vile or insulting epithets applied to the assailed party or one so attempting to commit an assault, or to curse or swear at a person or use grossly vile names, or slander or abuse the character of another person with the intention of provoking an assault by the person.

(Code 1958, 21.2; Code 1980, 25-56)

 

 

ARTICLE 19.  OFFENSES AGAINST PUBLIC HEALTH AND SAFETY

 

8-1901     REPEALED

(Ord. No. 7502, 1-27-2009)

 

            State Law Reference—Concealed weapons, Neb. Rev. Stat. 28-1202

 

8-1902     DISCHARGE OF AIR GUNS, ETC. 

It shall be unlawful for any person to discharge or cause to be discharged, any toy pistol, toy gun, air gun, or any other firearm, or any slingshot loaded with rock or leaden or other dangerous missiles within the City.

      It shall be permissible for persons to use and operate devices known as “paint ball markers”, “paintball marker guns”, or “paintball guns”, or devices commercially produced which propel a plasticized hollow projectile containing colored liquid, using air or carbon dioxide propellant, at a City approved facility. The use of these devices will be limited to the area of the facility established specifically for such purpose, which shall be designed to protect and limit the path or range of the projectiles to that area.  

(Code 1958, 21.1; Code 1980, 25-69; Ord. No. 6976, 7-22-2003)

 

            State Law Reference—Discharging weapon from highway, etc., Neb. Rev. Stat. 28-1335

 

8-1903     FIREARMS; DISCHARGE IN CITY

No person, except an officer of the law acting in the discharge of his/her duty or persons authorized by the Chief of Police in order to control animal nuisances, shall fire or discharge any gun, including pistols, shotguns, rifles, black-powder weapons or any other firearm within the City.

(Code 1958, 21.12; Ord. No. 5080, 1, 1-9-90; Code 1980, 25-70)

 

            State Law Reference—Discharging firearms from highway, etc., Neb. Rev. Stat. 28-1335

 

8-1904     FIREARMS; SALE TO AND POSSESSION BY MINORS

It shall be unlawful for any person within the City to sell or give way to any minor under the age of eighteen (18) years, or for any such minor to have in his/her possession, any revolver, pistol, gun or firearm of any description or caliber or any cartridges or ammunition loaded with power, or powder and ball of any size or dimension without first procuring the consent of such minor’s parent or guardian.

(Code 1958, 21.13; Code 1980, 25-71)

 

            State Law Reference—Unlawful possession of a revolver, Neb. Rev. Stat. 28-1204

 

8-1905     ABANDONMENT OF AIRTIGHT ICEBOXES, REFRIGERATORS, CONTAINERS, ETC. 

It shall be unlawful for any person, firm or corporation to leave or permit to remain outside any dwelling, building or other structure, or within any unoccupied or abandoned building, or any dwelling or other structure under its control, in a place accessible to children, any abandoned, unattended or discarded icebox, refrigerator or other container which has an airtight door or lid, snaplock or other locking device which may not be released from the inside, without first removing said door or lid, snaplock or other locking device from said icebox, refrigerator or container.

(Ord. No. 3525, 1, 5-25-82; Code 1980, 25-72)

 

 

ARTICLE 20.  AGGRAVATED PUBLIC NUISANCES

 

8-2001     DEFINITIONS. 

The following words or phrases shall, when used in this Article, have the following meanings:

      1.   “Cannabis” means any substance as defined in Section 28-401 (14) & (34) of the Nebraska State Statues.

      2.   “Commit” or “Commission” means knowingly causing, allowing, aiding or concealing the fact of such act or activities.

      3.   “Controlled Substance” means any substance listed in the schedules set forth in Section 28-405 of the Nebraska State Statutes.

      4.   “Deliver” or “delivery” means the actual, constructive or attempted transfer of possession of a controlled substance, or cannabis, with or without consideration, whether or not there is an agency relationship.

      5.   “Dwelling” means a house, duplex, condominium unit, apartment building, mobile home, manufactured home, trailer or any other structure(s) or place(s) used or intended for use for human habitation, including common areas within the structure when buildings or structures are used for more than one (1) dwelling, and accessory buildings such as garages located on the same premises.

      6.   “In or on the premises of any dwelling" means a dwelling or the area within the boundary lines of any real property of the same ownership on which such dwelling is located.

      7.   “Knowledge" means a person knows, or acts knowingly or with knowledge of:

            a.   The nature or attendant circumstances of his/her conduct, described by the section defining the offense, when he/she is consciously aware that his/her conduct is of such nature or that such circumstances exist. Knowledge of a material fact includes awareness of the substantial probability that such fact exists.

            b.   The result of his/her conduct, described by the section defining the offense, when he/she is consciously aware that such result is practically certain to be caused by his/her conduct. 

            Conduct performed knowingly or with knowledge is performed willfully, within the meaning of a section using the latter term, unless the section clearly requires another meaning.

      8.   “Manufacture" shall have the same meaning as set forth in Section 28‑401 of the Nebraska State Statutes,

      9.   "Negligence" means a person is negligent, or acts negligently, when he/she fails to be aware of a substantial and unjustifiable risk that circumstances exist or a result will follow, described by the section defining the offense; and such failure constitutes a substantial deviation from the standard of care which a reasonable person would exercise in the situation.

      10. "Occupant" means any person who lives or has possessions or holds an occupancy interest in a dwelling unit, or any person residing in or frequenting the premises of the dwelling with the actual or implied permission of the owner or lessee.

      11. “Owner” means any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having a control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession or real property by a court.

      12. "Recklessness" means a person is reckless or acts recklessly when he/she consciously disregards a substantial and unjustifiable risk that circumstances exist or that a result will follow, described by the section defining the offense; and such disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in that situation. An act performed recklessly is performed wantonly, within the meaning of the section using the latter term, unless the section clearly requires another meaning.

 

8-2002     AGGRAVATED NUISANCE DEFINED

An “aggravated public nuisance” is:

      1.   A dwelling

      2.   Where the owners or occupants, including invitee(s), of a dwelling conduct, permit, allow, authorize or commit the following offenses or violations within the dwelling unit, or the premises of the dwelling within a three hundred sixty five day period:

            a)   Two (2) or more felonies (as defined by the Nebraska State Statutes); or

            b)   Two (2) or more State or Federal criminal offenses related to the illegal sale, possession or manufacture of controlled substances, cannabis or drug paraphernalia; or,

            c)   Two (2) or more violations of Section 8-1505 of Chapter 8 of the Municipal Code, entitled “Gambling”; or

            d)   Two (2) or more violations of Section 8-1506 of Chapter 8 or the Municipal Code, entitled “Prostitution”; or

            e)   Two (2) or more violations of Section 8-1701 of Chapter 8 of the Municipal Code, entitled, “Disorderly Conduct”; or

            f)    Two (2) or more violations of Section 8-1703 of Chapter 8 of the Municipal Code, entitled “Disturbing the Peace”; or

            g)   Three (3) or more of any combination of the following:

                  1)   Any of the offenses described in paragraphs a, b, c, d, e and f above.

                  2)   Any of the following offenses as defined in the Nebraska Criminal Code or City Code: disorderly conduct; assault; criminal mischief; domestic violence; minor in possession (MIP), unlawful use of weapons; or

            h)   Three (3) or more of any combination of violations of Sections 8-1705, 8-1706 and/or 8-1707 of Chapter 8 of the Municipal Code regulating conduct within or on the premises of a dwelling unit entitled “Disorderly House, Maintaining”, “Inmate of a Disorderly House”, and “Failure to Disperse” respectively.

 

8-2003     VIOLATION.

No owner of real property shall negligently, knowingly, or recklessly allow or permit an aggravated public nuisance to exist upon real property or any part thereof, including individual dwelling units, owned by the person.

 

8-2004     WRITTEN NOTICE OF AGGRAVATED PUBLIC NUISANCE.  

Before the filing of a complaint alleging a violation of the aforesaid section, the City, shall by certified mail, provide to the owner of the place at which the aggravated public nuisance is located, or the agent of the owner, written notice of the following:

      a)   That an aggravated public nuisance, as defined by the Section, exists at the place specified in the notice;

      b)   That the owner of the place at which the aggravated public nuisance is located, or the owner’s agent has ten (10) days from the mailing of the notice to schedule and appear at the City Office at the address provided in the notice for a nuisance abatement conference with a representative of the City staff to discuss the possibility of entering into a written agreement to take action to abate the nuisance; and

      c)   That failure to appear at the City Office for said conference within the time indicated may result in the City Attorney or Prosecuting Attorney filing a complaint alleging a violation as an Aggravate Public Nuisance under this section.

 

8-2005     NUISANCE ABATEMENT CONFERENCE

At the nuisance abatement conference, appropriate City Staff members, and the property owner or owner’s agent, shall discuss the facts constituting the aggravated public nuisance and shall attempt to agree on specific actions that the property owner or the owner’s agent can take to abate said aggravated public nuisance.

 

8-2006     NUISANCE ABATEMENT AGREEMENT.

      a)   At the conclusion of the nuisance abatement conference, the City representative shall submit to conclusion of the conference, the City representative needs more time to draft said proposed agreement, then a follow up meeting shall be scheduled with the property owner or property owner’s agent, within ten (10) days of the initial conference for submittal and review of the completed proposed nuisance abatement agreement.

      b)   Any agreement under this article shall include a list of specific actions and specific schedule of deadlines for said actions to abate the aggravated public nuisance. It may also include provisions for a periodic reassessment of the agreement effectiveness, the procedures for a modification of the agreement.  A nuisance abatement agreement or any written modification to said agreement may impose conditions or requirements on the property owner for a period of up to twenty four (24) months from the date of the original agreement is entered into by the property owner or owner’s agent and the City. A nuisance abatement agreement may impose one or more of the following conditions or requirements on the property owner.

            1)   Eviction of identified individuals from the dwelling in question,

            2)   Written notification from the property owner to an identified individual or individuals that they are prohibited from entering onto the property that is the location of the aggravated public nuisance,

            3)   Utilization of written leases containing a provision or provisions requiring eviction for criminal activity,

            4)   The completion of improvements upon the property which have the impact of mitigating crime, including but not limited to the erection of fences, installation of security devices upon the entrances or increased lighting,

            5)   Any other reasonable condition or requirement designed to abate the aggravated public nuisance.

      c)   Once a proposed written nuisance abatement plan or written modification to nuisance abatement plan has been submitted to the property owner of the owner’s agent, said property owner or owner’s agent shall have forty-eight (48) hours to review it and enter into said agreement by signing it and returning it to the City or Prosecuting Attorney.

 

8-2007     FILING A COMPLAINT

The City or Prosecuting Attorney may file a complaint alleging a violation of this ordinance under the following circumstances:

      a)   The owner of his or her agent does not schedule and attend a conference with the City within the time period described previously.

      b)   The owner or his or her agent fails or refuses to sign a proposed written nuisance abatement agreement or proposed written modification to said agreement within the prescribed time period set forth in this section.

      c)   The owner or the owner’s agent subsequently fails or refuses to comply with any conditions or requirements set forth in a nuisance abatement agreement, including any prescribed deadlines for taking particular actions.

 

8-2008     ACTION TO ABATE; PENALTIES

In addition to prosecution of the offense defined in this ordinance or pursuing any other remedies available under this Code, the City or Prosecuting Attorney, upon receipt of reliable information that any real property within the corporate limits of the City is being maintained as an aggravated public nuisance, may prosecute an action for equitable relief, in the name of the City, to abate the nuisance and to enjoin any person who shall own, rent, or occupy the real property or dwelling in question from using or permitting its use in violation of  the provisions of this ordinance.

 

8-2009     JUDGMENT

No judgment finding a violation of this ordinance shall be entered against an owner if an owner or his or her agent has, in good faith, endeavored to prevent the nuisance.  An owner or agent who has complied with all conditions or said requirements of a nuisance abatement agreement and any modifications to said agreement, as defined by the ordinance, shall be deemed to have endeavored in good faith to prevent the nuisance.

 

8-2010     REMEDIES

Upon a finding of guilt under this section, the Court may, in addition to other remedies permitted by the Code, impose a term of court supervision or conditional discharge for a term of up to three (3) years, conditioned on any or all of the following:

      1.   The completion of improvements upon the property which have the impact of mitigating crime and criminal activity, including but not limited to the erection of fences, installation of security devices or increased lighting;

      2.   Requirement of a written lease for occupants which includes provisions requiring eviction for criminal activity;

      3.   Submitting tenancy lists on a periodic basis to the Police Department;

      4.   Posting a cash bond of no less that the minimum fine and up to the amount of the maximum fine for the period of court supervision or conditional discharge imposed by the Court, such bond to be retained by the Court in an interest bearing account and conditioned on successful completion of the period of court supervision on conditional discharge;

      5.   Any other condition reasonably related to the objective of abating the aggravated public nuisance. 

(Ord. No. 6462, 9-22-98)