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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 I 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, 2 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: wz�— RICHARD HANSEN, MAYOR ATTEST: BRENDA WHEELER, CITY rl (SEAL) STATE OF NEBRASKA ) ) ss: WASHINGTON COUNTY ) 3 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. Lc_.) 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