2320COUNCIL MEMBER WOLFF INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE AMENDING CHAPTER 6, ARTICLE 1 OF THE MUNICIPAL CODE OF THE
CITY OF BLAIR, NEBRASKA, BY AMENDING SECTION 6-104 LICENSE TAGS AND
SECTION 6-135 DANGEROUS DOG DETERMINATION; ARTICLE 4, SECTION 4-402
VIOLATIONS BUREAU AND SECTION 4-403 PENALTIES; AND THE ADDENDUM OF
THE CODE VIOLATIONS BUREAU FEE SCHEDULE; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING WHEN THIS
ORDINANCE SHALL BE IN FULL FORCE AND EFFECT AND PROVIDING FOR
PUBLICATION OF THIS ORDINANCE IN PAMPHLET FORM.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF BLAIR,
NEBRASKA:
SECTION 1. Section 6-104 of the Municipal Code of the City of Blair, Nebraska is hereby
amended as follows, to wit:
Sec. 6-104 LICENSE TAGS. Upon payment of the required license fee, the City shall issue a
numbered receipt and license tag as necessary to the owner for the dog or cat licensed. Tags shall
be issued annually, or at another interval determined by the City. It shall be the duty of every
owner or owners of any dog or cat to securely place upon the neck of such dog or cat a good and
sufficient collar with (i) a metallic plate plainly inscribed with the name of such owner, and (ii)
the physical tag issued by the City. It shall be unlawful for the owner or owners of any dog or cat
to go in or upon the private premises of others or upon the public grounds, streets or highways of
the City with the dog or cat, without an owner name tag and a current license tag. The City shall
recognize a microchip identification number as a substitute for the physical tag. (Neb. Rev. Stat.
§ 17-526, 54-603, 54-605) (Penalties refer to Sections 4-402 through 4-403 or Addendum to Code
Violations Bureau Fee Schedule) (Amended by Ordinance 2320 10/11/2016)
SECTION 2. Section 6-135 of the Municipal Code of the City of Blair, Nebraska is hereby
amended as follows, to wit:
Sec. 6-135 DANGEROUS DOG; DETERMINATION.
(1) The City shall initiate administrative proceedings to declare a dog to be dangerous
if it meets the definition of "dangerous dog" under Section 6-125. The City shall
provide written notice of such declaration to the dog's owner either by regular mail
to the owner's last known address or to the owner personally. The notice shall
contain:
(a) The name and address of the owner whose dog is subject to such
declaration;
(b) The name, description and license number of the dog that is subject to such
declaration;
(c) A description of the facts which form the basis of such declaration;
(d) A copy of Sections 6-101 through 6-139 and state that noncompliance will
result in an owner being declared a reckless owner by the City;
(e) Effective date of the declaration, which shall be not less than 10 days after
the date of mailing or personal service of the notice; and
(f) Notification that an appeal may be filed within 10 days of the date of
mailing or personal service of the notice, if the owner objects to such
declaration.
(2) An owner whose dog is declared to be a dangerous dog shall be required to comply
with Sections 6-131 and 6-136 immediately; Sections 6-129 and 6-132 within 30
days of the date of declaration and Section 6-130 within 90 days of the effective
date of the declaration, unless a written appeal is filed with the City; provided,
noncompliance with any of the sections set forth above in this paragraph shall
result in the owner being declared a reckless owner by the City under Section 6-
138.
(3) An appeal of such a declaration shall be heard at a hearing by the City Council
Police Committee within 10 days of the date of the filing of a written appeal and
shall provide an opportunity for the owner to appear and offer evidence to dispute
the declaration. The filing fee for each appeal shall be $200.00 paid to the City at
the time of filing the appeal. A decision to affirm or reverse such decision shall be
entered within 10 days of the date of the hearing.
(4) An owner whose dog has been declared dangerous can elect to euthanize the dog
or permanently remove the dog from the city's jurisdiction as opposed to
complying with Sections 6-129 through 6-132 and 6-136. If the owner elects to
remove the dog from the city's jurisdiction, the owner will be required to sign a
separate written agreement prepared by the city confirming the dog will never be
brought back inside the city's jurisdiction. Should the owner fail to comply with
said agreement any time in the future, the city would enforce Section 6-137. If the
owner transports such dog or permits such dog to be transported to another county,
city, or village in this state for the purpose of permanent relocation of the owner,
the owner shall obtain written permission prior to such relocation from the animal
control authority of the county, city, or village in which the owner will reside. (Neb.
Rev. Stat. §54-618) (Amended by Ordinance 2320 10/11/2016)
SECTION 3. Section 6-402 of the Municipal Code of the City of Blair, Nebraska is hereby
amended as follows, to wit:
See. 6-402 VIOLATIONS BUREAU. A Violations Bureau for the City of Blair is hereby created
pursuant to Section 18-1729 R.R.S. Neb. for the purpose of collecting penalties for city code
violation.
Any person accused of a violation as established by Sections 6-102, 6-103, 6-104, 6-106,
6-108, 6-111, 6-112, 6-113, 6-118, 6-119, Sections 6-201 through 6-203, inclusive, Sections 6-
207, 6-304, 6-310, 6-314, 6-318 and Sections 6-319.01 through 6-319.09, inclusive, Sections 6-
320, 6-320.01, 6-321, 6-322, 6-325, 6-326, 6-326.02, 6-326.04, 6-326.05, 6-328, 6-333, 6-334 and
6-338 may, within ten (10) days after the issuance of a citation of the violation and before the
appearance date thereon, dispose of the citation by appearing at the office of the City Clerk of the
City of Blair and remitting full payment of the penalty assessed for the specific violation.
Any person may plead not guilty to the citation and he or she may appear before the County
Court of Washington County, Nebraska, on the date and at the time specified on the citation.
At the time of the commission of the alleged violation, the accused shall be served with
printed notice informing the accused of his or her options in disposing of the citation as noted
hereinabove.
If the accused fails to appear at the office of the City Clerk of the City of Blair or before
the County Court of Washington County, Nebraska, on or before the date specified on the citation,
a warrant for his or her arrest shall be issued by the County Court of Washington County,
Nebraska. (Amended by Ordinance 2140 06/10/2008; Ordinance 2209 10/25/2011; Ordinance
2229, 09/25/2012; Ordinance 2247 6/25/2013; Ordinance 2260 5/20/2014; Ordinance 2320
10/11/2016)
See. 6-403 PENALTIES. A conviction for violation of Sections 6-102, 6-103, 6-104, 6-106, 6-
108, 6-111, 6-112, 6-113, 6-118, 6-119, 6-132, Sections 6-201 through 6-203, inclusive, Sections
6-207, 6-304, 6-314, 6-318, Sections 6-319.01 through 6-319.09, inclusive, Sections 6-320, 6-
320.01, 6-321, 6-322, 6-325, 6-326, 6-326.02, 6-326.04, 6-326.05, 6-328, 6-334, 6-338 shall result
in a fine for the first offense in any one calendar year of the sum of Fifty dollars ($50.00), for the
second offense in any one calendar year the sum of One Hundred dollars ($100.00), and for the
third or subsequent offenses in any one calendar year the sum of One Hundred Fifty dollars
($150.00). A conviction for violation of Section 6-310 and 6-333 shall result in a fine for the first
offense in any one calendar year of the sum of One Hundred dollars ($100.00), for the second
offense in any one calendar year the sum of One Hundred Fifty dollars ($15 0.00), and for the third
offense and subsequent offenses in any one calendar year the sum of Two Hundred dollars
($200.00). (Amended by Ordinance 2140 06/10/2008; Ordinance 2209 10/25/2011; Ordinance
2229, 09/25/2012; Ordinance 2247 6/25/2013; Ordinance 2260 5/20/2014; Ordinance 2320
10/11/2016)
SECTION 4. The Addendum to Code Violations Bureau Fee Schedule is hereby amended
as follows:
6-104 License Tag
1st Offense $50.00
2nd Offense $100.00
3rd Offense $150.00
SECTION 5. That all ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 6. That this ordinance shall be in force and take effect from and after its
passage, approval and publication as provided by law.
PASSED AND APPROVED THIS 11TH DAY OF OCTOBER, 2016.
CITY OF BLAIR, NEBRASKA
IL -N
By ty Ix
JAMFA E. REALPH, MAYOR
ATTEST:
r' r
BRENDA R. WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
BRENDA R. WHEELER hereby certifies that she is the duly appointed, qualified and acting City
Clerk of the City of Blair, Nebraska, and that the above and foregoing ordinance was passed at a
regular meeting of the Mayor and City Council of said City held on the 11th day of October, 2016.
,t
BRENDA R. WHEELER, CITY CLERK