2395Ordinance passed on First Reading — May 12, 2020
Ordinance passed on Second Reading — May 26, 2020
Ordinance passed on Final Passage — June 9, 2020
ORDINANCE NO. 2395
AN ORDINANCE TO AMEND THE BLAIR CITY MUNICIPAL CODE, CHAPTER 2,
ARTICLE 12, SECTION 2, AND CHAPTER 2, ARTICLE 13, SECTION 2, BY AMENDING
AND ADDING NEW SECTIONS CONCERNING THE BOARD OF HEALTH; AND
TRANSFERRING AND AMENDING CHAPTER 14, ARTICLE 4, SECTION 4 TO
CHAPTER 2, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH, PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL
FORCE AND EFFECT AND PUBLISHING IN PAMPHLET FORM.
WHEREAS Nebraska Revised Statute §16-238 authorizes the City of Blair to
establish a Board of Health; and
WHEREAS Nebraska Revised Statute § 16-23 8 authorizes the City of Blair to establish
city ordinance violations for individuals that violate a Board of Health Regulation; and
WHEREAS the City of Blair determined that it is in the public interest that the Board
of Health has all the powers as allowed under Nebraska Revised Statutes to convene and
determine regulations for the safety of the City; and
NOW THEREFORE, IT BE ORDAINED BY THE MAYOR AND THE CITY
COUNCIL OF THE CITY OF BLAIR, NEBRASKA AS FOLLOWS:
Article 12. Board of Health
Sec. 2-1201 BOARD OF HEALTH: MEMBERS: OUORUM. The Board ofHealth shall consist
of five (5) members: The Mayor, who shall be Chairman, a physician who shall be medical
supervisor, the Chief of Police, who shall be Secretary and Quarantine Officer, the President of the
Council and one (1) other citizen. A majority of such Board shall constitute a quorum. (Neb. Rev.
Stat. §16-238)
Sec. 2-1202 BOARD OF HEALTH: POWERS, The Board of Health shall enact rules and
regulations, which shall have the force and effect of law, to safeguard the health of the people of the
City and prevent nuisances and unsanitary conditions and enforce them and provide fines and
punishments for the violation thereof. Said Board of Health shall have the power and shall make all
needful rules and regulations relative to matters of sanitation of the City, including the removal of
dead animals, the sanitary conditions ofthe streets and alleys and vacant grounds and of stockyards,
cattle and hog pens, wells, cisterns, privies, water closets, cesspools, stables and all buildings and
places not specified where filth, nuisances or offensive matter is kept or is liable to or does
accumulate, and it may regulate, suppress and prevent the occurrence of nuisances and enforce all
laws of the State and ordinances of the City relating to same or to matters of sanitation of the City.
The Board of Health make regulations to prevent the introduction and spread of contagious,
infectious, or malignant diseases into the city, to safeguard the health of the people of such city,
to enforce the same, and provide fines and punishments for the violation of such rules and
regulations. (Neb. Rev. Stat. §16-238)
Sec. 2-1203 BOARD OF HEALTH: RECORDS, The Board of Health shall keep a record of its
transactions, orders, notices and actions, which record shall be filed with the City Clerk and shall be
a part of the City records and available to the public. (Neb. Rev. Stat. § 16-238)
Sec. 2-1204 BOARD OF HEALTH: ABSENCE OF MEDICAL ADVISER. In the event of the
absence or disability of the Medical Adviser of the Board of Health, the Mayor may appoint some
other physician to act in his or her place during such absence or disability and who shall have all of
the powers and duties of such medical adviser. (Neb. Rev. Stat. §16-238)
Sec. 2-1205 RULES AND REGULATIONS OF STATE DEPARTMENT OF HEALTH
INCORPORATION BY REFERENCE. Three (3) copies ofthe most recent rules and regulations
relating to public health published by the Department of Health ofthe State of Nebraska and adopted
by said State Board of Health shall be filed for use and examination by the public in the office of the
City Clerk and the same are hereby incorporated by reference into this Codebook insofar as the same
apply to Cities of the First Class.
Sec. 2-1206 DISEASE; SPREADING CONTAGION. It shall be unlawful for any person to
willfully spread disease or cause the spread of a disease.
Sec. 2-1207 DISEASE; QUARANTINE REGULATIONS_ When it should come to the attention
or knowledge of any member of the Board of Health that any case of cholera, smallpox, any other
disease of like virulence and danger, and infections and contagions in the same manner or with like
facility, exists within the City of Blair, or its extraterritorial jurisdiction, he or she shall call a meeting
of the Board of Health to investigate such disease, take appropriate action, and to pass such regulations
to protect the public. Said action may include but is not limited to issuing shelter or quarantine orders
to the public.
Sec. 2-1208 CONTAGIOUS OR INFECTIOUS DISEASES: PARENT'S DUTIES: CONTROL,
It shall be unlawful for any parent, guardian or person having custody of any child or children to fail,
neglect or refuse to secure proper medical attendance at the illness of such child or children within
said City from any contagious or infectious disease. The Board of Health shall have control of all
contagious, infectious, or malignant diseases and the care, treatment, regulation and prevention
thereof within the City. Any person who fails to comply with the provisions of the Board of
Health Regulations shall be guilty of a Class V Misdemeanor and shall be fined one hundred
dollars ($100.00) per incident. Neb. Rev. Stat. §28-106.
Sec. 2-1209 VIOLATION OF OUARANTINE REGULATION. When the Board of Health issues
a Shelter Regulation or Quarantine Regulation to protect the public under this Code, it shall be unlawful
for any person to fail to comply with the provisions of the Board of Health Regulations, and said person
shall be guilty of a Class V Misdemeanor and shall be fined one hundred dollars ($100.00) per incident.
Neb. Rev. Stat. §28-106.
Sec. 2-1210 VIOLATION OF DIRECTED HEALTH MEASURE. It shall be unlawful for any
person to violate the findings and orders of a Directed Health Measure issued by Three Rivers Health
Department or by the Health Director for the Nebraska Department of Health and Human Services. Any
person violating the provisions of this section shall be guilty of a Class V Misdemeanor and fined one
hundred dollars ($100.00) per incident. Neb. Rev. Stat. §26-106.
Article 13. Penal Provision
Sec.2-1301 VIOLATIONS: PENALTY. It shall be unlawful for any personto fail to comply with
the provisions herein, and every person failing to comply with, or violating any of the provisions of
this Chapter shall be deemed to be guilty of a Class V misdemeanor, as defined by the Statutes of
the State of Nebraska, Sec. 28-106, and upon conviction thereof shall be fined one hundred dollars
($100.00) per incident.
Article 4. Miscellaneous Health Regulations
Sec. 4-401 CONTAGIOUS OR INFECTIOUS DISEASES• PARENT'S DUTIES• CONTROL
It shall be unlawful for any parent, guardian or person having custody of any child or children to fail,
neglect or refuse to secure proper medical attendance at the illness of such child or children within
said City from any contagious or infectious disease. The Board of Health shall have control of all
contagious, infectious or malignant diseases and the care, treatment, regulation and prevention
thereof within the City. Transferred to Sec. 2-1208.
Sec. 4-402 RULES AND REGULATIONS OF STATE DEPARTMENT OF HEALTH
INCORPORATION BY REFERENCE. Three (3) copies ofthe most recent rules and regulations
relating to public health published by the Department of Health of the State ofNebraska and adopted
by said State Board of Health shall be filed for use and examination by the public in the office of the
City Clerk and the same are hereby incorporated by reference into this Codebook insofar as the same
apply to Cities of the First Class. Transferred to Sec. 2-1205.
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH
ARE HEREBY REPEALED.
This Ordinance shall be in full force and effect from and after its passage and approval, and
publication as provided by law.
PASSED AND APPROVED ON THE 9TH DAY OF JUNE 2020.
COUNCIL MEMBER SHEPARD MOVED THAT THE RESOLUTION BE ADOPTED AS
READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER RUMP. UPON
ROLL CALL, COUNCIL MEMBERS ANDERSEN, JENSEN, RUMP, SHPEARD, STEWART,
WILLIS AND WOLFF VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING `NAY",
THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED
THIS 9TH DAY OF JUNE, 2020.
CITY OF BLAIR, NEBRASKA
BY:
RICHARD HANSEN, MAYOR
ATTEST:
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BRENDA WHEELER, CITY CLERK
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BRENDA 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 Resolution was passed and
adopted at a regular meeting of the Mayor and City Council of said City held on the 9th day of
June, 2020.
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BRENDA WHEELER, CITY CLE
AFFIDAVIT OF PUBLICATION
State of Nebraska, County of Washington
Mark Rhoades, Being by me first duly sworn,
deposes and says that he is the Publisher of the
Enterprise, a legal weekly newspaper published at
Blair, in Washington County, Nebraska and of
general circulation in said County and State: that
said newspaper has a bona fide circulation of more
than 3000 copies weekly, in said County: and has
been published in said County for more than 52
successive weeks prior to the first publication of the
attached notice, that the attached notice was
published in said newspaper for 1 consecutive
week(s) being the issues of.
June 19, 2020
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Publisher Signature
Subscribed in my presence, and sworn to before me
this 19th day of June, 2020.
Notary Public
GENERAL NOTARY . State of Nebraska
N i racy A. F'rattyman
My Comm Exp, Sept.10, 2021
Printers Fee For Publishing This Notice $ 16.77
Preparation of Affidavit and Billing $ 0.00
Notary Fees $ 0.00
Copy $ 0.00
25% discount for minutes $ 0.00
TOTAL $ 16.77