2403ORDINANCE NO. 2403
COUNCIL MEMBER HALL INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE TO AMEND THE BLAIR CITY MUNICIPAL CODE, CHAPTER 4,
ARTICLE 5, BY AMENDING SECTIONS CONCERNING THE PENALTY PORTION OF
THE FOLLOWING SECTIONS, AND BY AMENDING CHAPTER 4, ARTICLE 6, SECTION
4-602 and 4-603, 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 §16-207, §16-230, §16-231, §16-240 authorizes
the City of Blair to establish Ordinances to preserve the health and safety of the community to
penalize nuisances; and
WHEREAS, the City of Blair determined that it is in the public interest that persons
charged with violations of Chapter 4, Article 5, Section 4-501, Section 4-502, Section 4-502.01,
Section 4-506, and Section 4-507 be formally charged in the judicial system and have judicial
oversight; and therefore be removed from the Violations Bureau, Chapter 4, Article 6, Section 4-
602 Paragraph 2, and Chapter 4, Article 6, Section 4-603.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR OF THE CITY
COUNCIL OF THE CITY OF BLAIR, NEBRASKA AS FOLLOWS:
Article 5. Nuisances
Sec. 4-501 NUISANCES, GENERALLY DEFINED. A nuisance consists in doing any
unlawful act, or omitting to perform a duty, or suffering or permitting any condition or thing to be
or exist, which act, omission, condition or thing either:
1. Injures or endangers the comfort, repose, health or safety of others.
2. Offends decency.
3. Is offensive to the senses.
4. Unlawfully interferes with, obstructs, tends to obstruct or renders dangerous for passage
any stream, public park, parkway, square, street, or highway in the Municipality.
5. In any way renders other persons insecure in life or the use of property, or
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6. Essentially interferes with the comfortable enjoyment of life and property, or tends to
depreciate the value of the property of others. (Neb. Rev. Stat. §16-240, 18-1720) (Ord.
No. 1181, 2/24/76) (Penalties refer to Sections 4-601 and 4-602) (Amended by Ordinance
2140 06/10/2008)
Sec. 4-501.01 STREAMS, LITTER; SPECIFICALLY DEFINED. For the purpose of this
Article, the following words and phrases shall have the meanings respectively ascribed to them:
STREAMS: Streams shall include all streams, creeks or water courses within the City of Blair,
Nebraska, including, but not limited to, Cauble Creek and South Creek, including all of their
branches and watercourses leading thereto, and specifically including the channel of the same.
Streams are further defined as any depression or draw two feet below the surrounding lands and
having a continuous outlet to a stream, creek, watercourse or river.
LITTER: In addition to any other definition of litter contained in this Code, litter shall also
include, for the purposes of this Article only, concrete, stone, gravel, crushed rock or stone, sand,
dirt and similar earthen materials. (Penalties refer to Sections 4-601 through 4-603 or Addendum
to Code Violations Bureau Fee Schedule) (Amended by Ordinance 2140 06/10/2008)
Sec. 4-501.02 LITTERING ON CITY PROPERTY. It shall be unlawful for any person to
litter, deposit, leave or permit any litter to be left, deposited or placed on any Blair City owned
property at any time whether or not the property is open to the public. (Penalties refer to Sections
4-601 through 4-603 or Addendum to the Code Violations Bureau Fee Schedule). (Amended by
Ordinance 2164 05/12/2009)
Sec. 4-502 NUISANCES; SPECIFICALLY DEFINED. The maintaining, using, placing,
depositing, leaving, or permitting of any of the following specific acts, omissions, places,
conditions, and things are hereby declared to be nuisances:
1. Any odorous, putrid, unsound or unwholesome grain, meat, hides, skins, feathers,
vegetable matter, or the whole or any part of any dead animal, fish, or fowl.
2. Privies, vaults, cesspools, dumps, pits or like places which are not securely protected from
flies or rats, or which are foul or malodorous.
3. Filthy, littered or trash -covered cellars, houseyards, barnyards, stable -yards, factory -yards,
mill yards, vacant areas in rear of stores, granaries, vacant lots, houses, buildings, or
premises.
4. Animal manure.
5. Liquid household waste, human excreta, garbage, butcher's trimmings and offal, parts of
fish or any waste vegetable or animal matter in any quantity. Provided, nothing herein
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contained shall prevent the temporary retention of waste in receptacles in a manner
provided by the Municipality.
6. Tin cans, bottles, glass, cans, ashes, small pieces of scrap iron, wire metal articles,
bric-a- brac, broken stone or cement, broken crockery, broken glass, broken plaster, and all
trash or abandoned material, unless the same be kept in covered bins or galvanized iron
receptacles.
7. Trash, litter, rags, accumulations of barrels, boxes, crates, packing crates, mattresses,
bedding, excelsior, packing hay, straw or other packing material, lumber and or fire wood
not neatly piled, scrap iron, tin or other metal not neatly piled, old automobiles or parts
thereof, or any other waste materials when any of said articles or materials create a
condition in which flies or rats may breed or multiply, or which may be a fire danger or
which are so unsightly as to depreciate property values in the vicinity thereof.
8. Any unsightly building, billboard, or other structure, or any old, abandoned or partially
destroyed building or structure or any building or structure commenced and left unfinished,
which said buildings, billboards or other structures are either a fire hazard, a menace to the
public health or safety, or are so unsightly as to depreciate the value of property in the
vicinity thereof.
9. All places used or maintained as junk yards, or dumping grounds, or for the wrecking and
dissembling of automobiles, trucks, tractors, or machinery of any kind, or for the storing
or leaving of worn-out, unlicensed, inoperable, unregistered, wrecked or abandoned
automobiles, trucks, tractors, or machinery of any kind, or of any of the parts thereof, or
for the storing or leaving of any machinery or equipment used by contractors or builders
or by other persons, which said places are kept or maintained so as to essentially interfere
with the comfortable enjoyment of life or property by others, or which are so unsightly as
to tend to depreciate property values in the vicinity thereof.
10. Stagnant water permitted or maintained on any lot or piece of ground.
11. Stockyards, granaries, mills, pig pens, cattle pens, chicken pens or any other place, building
or enclosure, in which animals or fowls of any kind are confined or on which are stored
tankage or any other animal or vegetable matter, or on which any animal or vegetable
matter including grain is being processed, when said places in which said animals are
confined, or said premises on which vegetable or animal matter is located, are maintained
and kept in such a manner that foul and noxious odors are permitted to emanate therefrom,
to the annoyance of inhabitants of the Municipality, or are maintained and kept in such a
manner as to be injurious to the public health.
12. Rock, gravel, stone, pebbles or other loose rock like material that moves or travels from a
private driveway and/or real estate and comes to rest or is deposited on any public street or
public right of way within the City Limits.
13. All other things specifically designated as nuisances elsewhere in this Code. (Neb. Rev.
Stat. §16-240, 18-1720) (Ord. No 1369, 2/24/76).
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(Penalties refer to Sections 4-601 and 4-602) (Amended by Ordinance 2082 08/22/2006)
(Amended by Ordinance 2140 06/10/2008) (Amended by Ordinance 2306 6/14/2016).
Sec. 4-502.01 NUISANCES; LITTER WITHIN STREAMS. It shall be unlawful for any person
who owns or is in control of any property to place or cause to be placed on his or her property, or
any other property, or allow to remain on his or her property any litter within any stream as said
terms are defined hereinabove; provided, however, that such act will not be unlawful if a specific
written permit for such activity is obtained under any other provisions of the Municipal Code of
the City of Blair, Nebraska, or from the appropriate regulatory agency of the United States
Government; provided, however, a written permit from the appropriate governmental agency of
the United States Government is an affirmative defense, and it shall be the burden of the person
who owns, is in control of, places or causes to be placed or allowed to remain any litter within any
stream to provide satisfactory evidence of such written permit. Nothing contained herein shall be
construed as relieving any person from state or federal permit requirements. (Penalties refer to
Sections 4-601 and 4-602) (Amended by Ordinance 2140 06/10/2008)
Sec. 4-503 NUISANCES; ABATEMENT PROCEDURE. It shall be the duty of every owner,
occupant, lessee, or mortgagee of real estate, or the officers thereof if such entity is a corporation,
in the Municipality to keep such real estate free of public nuisances.
The City Administrator or the Chief of Police shall have the power to investigate all
complaints or violations of this section an if they find that such property owner or lessee has
allowed such nuisance, they shall cause the property owner or lessee to be served with written
notice directing them to abate the nuisance within five (5) days of the receipt of the notice.
It shall be unlawful to fail to abate such nuisance and any person failing to abate such
nuisance within five (5) days after receiving notice to do so shall be deemed guilty of a Class III
misdemeanor and upon conviction thereof shall be subject to the minimum fines as set forth by the
Statutes of the State of Nebraska. The court, as part of the judgment shall order the owner to abate
such nuisance. In addition, an authorized agent of the municipality may abate said nuisance at the
expense of the owner or lessee from the land whereon such nuisance existed and the cost of same
shall be levied, equalized, and assessed as are other special assessments. (Neb. Rev. Stat. §16-230,
16-240, 18-1720)
Sec. 4-503.01 NUISANCES IN STREAMS; ABATEMENT PROCEDURE. Whenever the
City Administrator, or his authorized representative, determines that any litter deposited or existing
within a stream causes imminent danger to the public health, safety or welfare, particularly where
such litter is determined to cause an obstruction to the channel, stream, watercourse, or flood way
affected, then the City Administrator, or his designated agent, may remove such litter at the
expense of the owner or person in control of the land on which such litter is found and the land
immediately adjacent thereto, if such land was used as the source of such litter or as the place of
access for the disposition of such litter. In cases where the City Administrator, or his designated
agent, determines that such danger is less remote than imminent, he/she may notify, in writing,
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such owner or person in control of such land to remove the litter within a reasonable time period,
not less than ten (10) days from notification. If the owner or person in control of such land fails
or refuses to so remove the litter, the City Administrator, or his designated agent, may remove it
at the expense of the owner or person in control of the land; provided, further, that the reasonable
expense associated with the removal or abatement of such litter shall be levied, equalized and
assessed as are other special assessments as provided by law. The remedy provided to the City for
the removal or abatement of such litter and assessment of the cost thereof shall not be deemed the
exclusive remedy to the City for such violations but all of said acts shall remain enforceable as
other violations of this Code and the penalties described or applicable thereto may be applied in
lieu of or in addition to the remedies provided herein (Amended by Ordinance 2306 6/14/2016).
Sec. 4-504 NUISANCES; JURISDICTION. The City Administrator and the Chief of Police of
the Municipality or their designated agents are directed to enforce this Municipal Code against all
nuisances. The jurisdiction of the City Administrator, Chief of Police, and court shall extend to,
and the territorial application of this Chapter shall include, all territory adjacent to the limits of the
Municipality within the two (2) mile zoning jurisdiction thereof and all territory within the
corporate limits. (Neb. Rev. Stat. §18-1720) (Ord. No. 1181, 2/24/76) (Amended by Ordinance
2306 6/14/2016).
SECTION 4-505 Reserved for Future Use.
Sec. 4-506 NUISANCES, WEEDS, GRASSES, WORTHLESS VEGETATION AND
LITTER. In addition to the definitions as provided in Sections 4-501 to 4-504 inclusive, a
nuisance is hereby declared to be and defined as permitting, allowing, or maintaining any growth
of eight (8) inches or more in height of weeds, grasses, or worthless vegetation, or to litter or cause
litter to be deposited or remain on any premises in the municipality except in proper receptacles.
1. For the purposes of this section, litter shall include but not be limited to: (i) trash, rubbish,
refuse, garbage, paper, rags, and ashes; (ii) wood, plaster, cement, brick, or stone building
rubble; (iii) grass, leaves, and worthless vegetation; (iv) offal and dead animals; and (v)
any machine or machines, vehicle or vehicles that are unlicensed, inoperable, unregistered,
wrecked or abandoned, or parts of a machine or vehicle, appliances, electronics and
household goods and furnishings which have lost their identity, character, utility, or
serviceability as such through deterioration, dismantling, or the ravages of time, are
inoperative or unable to perform their intended functions, or are cast off, discarded, or
thrown away or left as waste, wreckage, or junk.
2. For the purposes of this section, weeds shall include but not be limited to: bindweed
(convolvulus arvensis), puncture vine (tribulus terrestris), leafy spurge (euphorbia esula),
Canada thistle (cirsium arvense), perennial peppergrass (lepidium draba), Russian
knapweed (centaurea picris), Johnson grass (sorghum halepense), nodding or musk thistle,
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quack grass (agropyron repens), perennial sow thistle (sonchus arvensis), horse nettle
(solanum carolinense), bull thistle (cirsium lanceolatum), buchthorn (rahmnus sp.) (tourn),
hemp plant (cannabis sativa), and ragweed (ambrosiaceae).
3. Any owner or occupant of a lot or piece of ground shall, upon conviction of violating such
ordinance, be guilty of a Class III misdemeanor. (Penalties refer to Sections 4-601 through
4-602).
(Amended by Ordinance 2306 6/14/2016)
Sec. 4-507 NUISANCES; SWIMMING POOLS. In order to provide protection against potential
drownings and near drownings by restricting access to swimming pools, it shall be unlawful for
any person to have a swimming pool as defined in 4-507.01 on any property within the City of
Blair without compliance with all requirements of this ordinance. Failure to comply with any
requirement herein shall be declared a nuisance. (Penalties refer to Sections 4-601 and 4-602)
1. Each swimming pool must be completely surrounded by a barrier as defined in 4-507.01.
2. The top of the barrier shall be at least 48 inches above grade measured on the side of the
barrier which faces away from the swimming pool. The maximum vertical clearance
between grade and the bottom of the barrier shall be 2 inches measured on the side of the
barrier which faces away from the swimming pool. Where the top of the pool structure is
above grade, such as an above -ground pool, the barrier may be at ground level, such as the
pool structure, or mounted on top of the pool structure. Where the barrier is mounted on
top of the pool structure, the maximum vertical clearance between the top of the pool
structure and the bottom of the barrier shall be 4 inches.
3. Openings in the barrier shall not allow passage of a 4 -inch -diameter sphere.
4. Solid barriers which do not have openings, such as a masonry or stone wall, shall not
contain indentations or protrusions except for normal construction tolerances and tooled
masonry joints.
5. Where the barrier is composed of horizontal and vertical members and the distance between
the tops of the horizontal members is less than 45 inches, the horizontal members shall be
located on the swimming pool side of the fence. Spacing between vertical members shall
not exceed 13/4 inches in width. Where there are decorative cutouts within vertical
members, spacing within the cutouts shall not exceed 13/4 inches in width.
6. Where the barrier is composed of horizontal and vertical members and the distance between
the tops of the horizontal members is 45 inches or more, spacing between vertical members
shall not exceed 4 inches. Where there are decorative cutouts within vertical members,
spacing within the cutouts shall not exceed 13/4 inches in width.
7. Maximum mesh size for chain link fences shall be a 21/4 -inch square unless the fence has
slats fastened at the top or the bottom which reduce the openings to not more than 1%
inches.
8. Where the barrier is composed of diagonal members, such as a lattice fence, the maximum
opening formed by the diagonal members shall not be more than 1% inches.
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9. Access gates shall comply with the requirements of Section 4-507 (1) through (8) above
and shall be equipped to accommodate a locking device. Pedestrian access gates shall:
a. Remain locked at all times when the pool is not directly supervised, or
b. Open outward away from the pool and shall be self-closing and have a self -latching
device. Gates other than pedestrian access gates shall have a self -latching device.
Where the release mechanism of the self -latching device is located less than 54
inches from the bottom of the gate, the release mechanism and openings shall
comply with the following:
i. The release mechanism shall be located on the pool side of the gate at least
3 inches below the top of the gate; and
ii. The gate and barrier shall have no opening larger than %2 inch within 18
inches of the release mechanism.
(Amended by Ordinance No. 2245 4/14/2013)
Sec. 4-507.01 BARRIER, SWIMMING POOL; SPECIFICALLY DEFINED. For the purpose
of this Article, the following words and phrases shall have the meanings respectively ascribed to
them:
BARRIER: A fence, wall, building wall or combination thereof which completely surrounds a
swimming pool and obstructs access to the swimming pool.
SWIMMING POOL: Any structure intended for swimming or recreational bathing that is
capable of containing water over 24 inches deep. This includes in -ground, above -ground and on -
ground swimming pools, hot tubs and spas. Spas or hot tubs with a safety cover which complies
with ASTM F 1346 shall be exempt fiom the barrier provisions of this Article. (Amended by
Ordinance No. 2245 4/14/2013)
SECTION 4-508 Reserved for Future Use.
Sec. 4-509 NOTICE TO ABATE AND REMOVE. Notice to abate and remove a nuisance shall
be given to each owner or owner's duly authorized agent and to the occupant, if any, by
conspicuously posting the notice on the lot or ground upon which the nuisance is to be abated and
removed or by personal service or certified mail. Within five (5) days of such notice, the owner or
occupant of the lot or piece of ground may request a hearing with the city to appeal the decision to
abate or remove a nuisance by filing a written appeal with the city clerk. A hearing on the appeal
shall be held within fourteen (14) days and the hearing officer shall render a decision within five
(5) business days following the conclusion of the hearing. If the owner or occupant of the lot or
piece of ground does not request a hearing with the city or fails to comply with the order to abate
and remove the nuisance, the city may have such work done at the expense of the owner. If the
expense from the work performed by the city pursuant to this section remains unpaid for a period
of two (2) months after such work is completed, the city may either (a) levy and assess the costs,
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processing fees and expenses of the work upon the lot or piece of ground so benefited in the same
manner as other special taxes for improvements are levied and assessed or (b) recover in a civil
action the costs and expenses of the work upon the lot or piece of ground. (Amended by Ordinance
No. 2245 4/14/2013) (Amended by Ordinance 2306 06/14/2016).
Article 6. Violations Bureau/Penal Provision
Sec. 4-601 VIOLATION; PENALTY. It shall be unlawful for any person to 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 III misdemeanor, as defined by the statutes
of the State of Nebraska, Section 28-106, and upon conviction thereof shall be fined accordingly.
(Amended by Ordinance 2140 06/10/2008)
Sec 4-602 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 nuisance
violations.
Any person accused of a violation as established by Sections 4-302, , 4-501.01, and 4-
501.02, , inclusive may within ten (10) days after the date of issuance of the 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 as outlined in Section 4-603.
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
hereinbefore.
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) (Amended by Ordinance 2164 5/12/2009)
(Amended by Ordinance 2245 5/14/2013)
Sec. 4-603 NUISANCES, VIOLATION AND PENALTIES. It shall be unlawful for any person
to maintain, use, place, deposit, leave, permit, or create or in any other way allow a nuisance as
defined in Sections 4 -302,, 4-501.01, 4-501.02... and inclusive, and any person found in violation
hereof shall be deemed guilty of a Class III misdemeanor and shall be subject to for the first offense
in any one calendar year the sum of one hundred dollars ($100.00), for the second offense in any
one calendar year the sum of one hundred fifty dollars ($150.00), and for the third and subsequent
offenses in any one calendar year the sum of two hundred dollars ($200.00). Further, the penalty
shall include the reasonable costs of any cleanup expended by the Municipality. Each day a
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nuisance is permitted to exist by the Defendant shall be deemed a separate violation hereunder.
(Ord. No. 1574) (Amended by Ordinance 2140 06/10/2008) (Amended by Ordinance 2164
5/12/2009) (Amended by Ordinance 2245 5/14/2013).
It shall be unlawful for any person to maintain, use, place, deposit, leave, permit, or create
or in any other way allow a nuisance as defined in Sections 4-501, 4-502, 4-502.01, 4-506, and 4-
507, inclusive, and any person found in violation hereof shall be deemed guilty of a Class III
Misdemeanor. 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
hereinbefore.
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. Further, the penalty shall include the reasonable costs of any cleanup expended by the
Municipality. Each day a nuisance is permitted to exist by the Defendant shall be deemed a
separate violation hereunder.
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, approval, and
publication as provided by law.
ATTEST:
PASSED AND APPROVED ON THE 28TH DAY OF JULY, 2020.
CITY OF BLAIR, NEBRASKA
BY: _
RICHARD HANSEN, MAYOR
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BRENDA WHEELER, CITY C E
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STATE OF NEBRASKA )
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WASHINGTON COUNTY )
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 Ordinance was passed
and adopted at a regular meeting of the Mayor and City Council of said City, held on the 28th day
of July, 2020.
BRENDA WHEELER, CITY CLERK
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