2402ORDINANCE NO. 2402
COUNCIL MEMBER HALL INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE TO AMEND THE BLAIR CITY MUNICIPAL CODE, CHAPTER 5,
ARTICLE 5, SECTION 5-226 and AMENDING CHAPTER 5, ARTICLE 6, SECTION 5-615,
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 § 16-210 and § 16-246 authorizes the City of Blair
to establish Ordinances to regulate driving on its streets within its jurisdiction; and
WHEREAS, the City of Blair determined that it is in the public interest that persons
charged with violations of Chapter 5, Article 2, Section 5-226, and Section 5-615 be formally
charged in the judicial system and have judicial oversight; and therefore be removed from the
Violations Bureau, Chapter 5, Article 7, Section 5-703, 5-704, and 5-705.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR OF THE CITY
COUNCIL OF THE CITY OF BLAIR, NEBRASKA AS FOLLOWS:
Article 2. Municipal Traffic Regulations
Sec. 5-226 ENGINE BRAKING PROHIBITED. The practice of engine braking, commonly
known as "Jake Braking" is prohibited within the corporate limits of the City of Blair, Nebraska.
It shall be unlawful for any person to fail to comply with the provisions herein, and every person
failing to comply with, or violating the provisions of this Section shall be deemed to be guilty of
a Class II Misdemeanor, as defined by the statutes of the State of Nebraska, and upon conviction
thereof, shall be sentenced accordingly. (11/97) (Penalties refer to Sections 5-701 and 5-702).
(Amended by Ordinance 2140 06/10/2008)
Sec. 5-615 NEGLIGENT DRIVING. It shall be unlawful for any person to drive, use, operate,
park, cause to park or stop any motor vehicle in a negligent manner so as to endanger person or
property within the City of Blair, Nebraska. Negligent, as it is used in this section, shall mean a
failure to exercise due care and/or caution of which a person of common prudence would use under
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like circumstances. (Penalties refer to Sections 5-701 and 5-702). (Amended by Ordinance 2140
06/10/2008; Ordinance 2263 08/26/2014)
Article 7. Violations Bureau/Penal Provision
Sec. 5-701 VIOLATIONS; 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.
(Added by Ordinance 2150 06/10/2008)
Sec. 5-702 FAILURE TO APPEAR; PENALTY. If the accused fails to appear 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.
Whoever is charged with a violation of the Municipal Ordinance, conviction of which would carry
a jail sentence of more than ninety (90) days, who is released from custody under bail or
recognizance or conditional release and who willfully fails to appear before the court granting such
release when legally required to render himself or herself other than three (3) days thereafter, shall
be guilty of a misdemeanor and shall, upon completion thereof, be punished by a fine or not more
than five hundred ($500.00) dollars, or by imprisonment in the County jail for not more than six
(6) months, by both such fine and imprisonment, in addition to any other penalties or forfeitures
provided by law. (Added by Ordinance 2150 06/10/2008)
Sec. 5-703 VIOLATIONS BUREAU; CITATION. A Violation Bureau for the City of Blair is
hereby created pursuant to Section 18-1729 Neb. RRS. 1943, for the purpose of collecting penalties
for city code violations.
Any person accused of a violation as established by Section, 5-402 through 5-405, 5-
406.01, 5-407, 5-408, 5-410.01, 5-411, 5-501, 5-501.01, 5-513 through 5-515, and, 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.
Any person may plead not guilty to the citation, 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,
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Nebraska. (Added by Ordinance 2150 06/10/2008) (Amended by Ordinance 2165 5/12/2009;
(Amended by Ordinance 2279 5/12/2015)
Sec. 5-704 PENALTIES. Any person, firm, association, or corporation violating any of the
provisions of this Article, Sections 5-402 through 5-405, 5-406.01, 5-407, 5-408, 5-410.01, 5-411,
5-501, and 5-501.01, shall be deemed guilty of a misdemeanor and upon conviction shall be fined
the sum of twenty five ($25.00) dollars. (Added by Ordinance 2150 06/10/2008) (Amended by
Ordinance 2165 5/12/2009)
Sec. 5-705 PENALTIES. Any person, firm, association, or corporation violating any of the
provisions of this Article, Sections 5-513 through 5-515 shall be deemed guilty of a misdemeanor
and upon conviction shall be fined the sum of fifty dollars ($50.00). (Added by Ordinance 2150
06/10/2008) (Amended by Ordinance 2279 5/12/2015)
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.
PASSED AND APPROVED ON THE 28TH DAY OF JULY 2020.
CITY OF BLAIR, NEBRASKA
BY:
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RICHARD HANSEN, MAYOR
ATTEST:
BRENDA WHEELER, CITY
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(SEAL)
STATE OF NEBRASKA )
) ss:
WASHINGTON COUNTY )
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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 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.
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BRENDA WHEELER, CITY CLERK
El
August 7, 2020
of the Ordinance as so published
are available at the office of the
City Clerk at 218 S. 16th St.,
Blair, Nebraska.
Brenda Wheeler, City Clerk
Associate Publisher Signature ZNEZ
Subscribed in my presence, and sworn to before me ENT 8-7-20
this 7th day of Aulzust, 2020.
Notary Public
G°NERAL NOTARY • Slate of Nebraska
SHAUNA GERKE
My Comm. Exp. July 24, 2023
Printers Fee For Publishing This Notice $ 14.73
Preparation of Affidavit and Billing $ 0.00
Notary Fees $ 0.00
Copy $ 0.00
25% discount for minutes $ 0.00
TOTAL $ 14.73
PUBLIC NOTICE
State of Nebraska, County of Washington
NOTICE OF PASSAGE AND
Chris Rhoades, Being by me first duly sworn,
PUBLICATION OF ORDINANCE
deposes and says that he is the Associate Publisher
Public notice is hereby given that
of the Enterprise , a legal weekly newspaper
the Mayor and Council of the
published at Blair, in Washington County,
City of Blair, Nebraska, at their
meeting on July 28 2020 have
Nebraska and of general circulation in said County
passed and approved --L.-,' e
and State: that said newspaper has a bona fide
No, 2402 the title of which reads
circulation of more than 3000 copies weekly, in
as follows:
said County: and has been published in said County
ORDINANCE 2402
for more than 52 successive weeks prior to the first
AN ORDINANCE TO AMEND
publication of the attached notice, that the attached
THE BLAIR CITY MUNICIPAL
notice was published in said newspaper for 1
CODE, CHAPTER 5, ARTICLE5,
consecutive week(s) being the issues of
SECTION 5-226 and AMEND -
ING CHAPTER 5 ARTICI FR
August 7, 2020
of the Ordinance as so published
are available at the office of the
City Clerk at 218 S. 16th St.,
Blair, Nebraska.
Brenda Wheeler, City Clerk
Associate Publisher Signature ZNEZ
Subscribed in my presence, and sworn to before me ENT 8-7-20
this 7th day of Aulzust, 2020.
Notary Public
G°NERAL NOTARY • Slate of Nebraska
SHAUNA GERKE
My Comm. Exp. July 24, 2023
Printers Fee For Publishing This Notice $ 14.73
Preparation of Affidavit and Billing $ 0.00
Notary Fees $ 0.00
Copy $ 0.00
25% discount for minutes $ 0.00
TOTAL $ 14.73