2401
ORDINANCE NO. 2401
COUNCIL MEMBER HALL INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE TO AMEND THE BLAIR CITY MUNICIPAL CODE, CHAPTER 6,
ARTICLE 1, CHAPTER 6, ARTICLE 2, CHAPTER 6, ARTICLE 3, AND CHAPTER 6,
ARTICLE 4, 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 §16-206, 16-235, AND 16-246 authorizes the City
of Blair to establish Ordinances to regulate animals and misdemeanors within its jurisdiction; and
WHEREAS,
the City of Blair determined that it is in the public interest that persons
charged with violations of Chapter 6, Article 1, Sections 6-108, 6-117, 6-118, 6-129, 6-139,
Chapter 6, Article 2, Sections 6-201, 6-202, 6-202.1, 6-203, 6-207, Chapter 6, Article 3, Sections
6-304, 6-310, 6-314, 6-318, 6-319.09, 6-325, 6-333, 6-334 be formally charged in the judicial
system and have judicial oversight; and therefore be removed from the Violations Bureau, Chapter
6, Article 4, Sections 6-402, second paragraph and Section 6-403.
WHEREAS,
the City of Blair determined that references to statutory authority to pass
ordinances needed to be updated based on the City’s classification as a City of the First Class for
Sections under Police Regulations.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR OF THE CITY
COUNCIL OF THE CITY OF BLAIR, NEBRASKA AS FOLLOWS:
Chapter 6
POLICE REGULATIONS
Article 1. Dogs and Cats / Dangerous Dogs
(Updated Ordinance 2229, September 25, 2012, October 11, 2016)
Sec. 6-101 OWNER DEFINED.
Any person, firm, corporation, organization, political
subdivision or department possessing, harboring, keeping or having control or custody of a dog or
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cat to be present in or about his or her house, store, or enclosure or to remain to be fed shall be
deemed the owner and possessor of such dog or cat and shall be deemed to be liable for all such
penalties herein prescribed. “Owner” shall not apply to dogs or cats owned by other persons which
are temporarily maintained on the premises of a veterinarian or kennel operator for a period of not
more than 30 days. (Neb. Rev. Stat. §16-206, 16-235, 16-246, 54-606, 71-4401)
Sec. 6-102 MAXIMUM NUMBER ALLOWED.
It shall be unlawful for any person to own,
keep, or harbor at any time more than 3 adult dogs or 3 adult cats per residential or dwelling unit
in the City. The total number of adult dogs or adult cats per residential or dwelling unit in the City
shall not exceed 4 adult animals. For the purpose of this section, an adult dog or cat is a dog or cat
that is more than 4 months old. Provisions of this section shall not apply to catteries, kennels and
pet stores, which have been licensed by the City. (Penalties refer to Sections 6-401 through 6-403
or Addendum to Code Violations Bureau Fee Schedule).
Sec. 6-103 LICENSES.
(1) Any person who shall own, keep or harbor a dog or cat over the age of 6 months
within the City shall, within 10 days after acquisition of said dog or cat, acquire a
license for each such dog or cat annually by or before January 1 of each year. The
license fee shall be delinquent from and after March 15; provided, the possessor of
any dog or cat brought into or harbored within the corporate limits subsequent to
January 1 of any year shall be liable for the payment of the license fee levied herein
and such fee shall be delinquent if not paid within 10 days thereafter. Licenses shall
be issued by the City. Said license shall not be transferable and no refund will be
allowed in case of death, sale, or other disposition of the licensed dog or cat.
(2) The owner shall state at the time the application is made and upon printed forms
provided for such purpose his or her name and address and the name, breed, color,
and sex of each dog or cat owned and kept by him or her. A certificate that the dog
or cat has had a rabies vaccination, effective for the ensuing year of the license,
shall be presented when the license is applied for, and no license or tag shall be
issued until the certificate is shown.
(3) License fees for dogs and cats shall be set by ordinance of the City Council and
shall be on file in the City office, where they shall be available for inspection by
the public during office hours.
(Penalties refer to Sections 6-401 through 6-403 or Addendum to Code Violations Bureau Fee
Schedule).
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
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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. §16-206,
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)
Sec. 6-105 DOG GUIDES, HEARING AID DOGS AND SERVICE DOGS; EXEMPT
FROM LICENSE TAX.
Every dog guide for a blind or visually impaired person, hearing aid
dog for a deaf or hearing-impaired person, and service dog for a physically limited person shall be
licensed as required, but no license fee shall be charged upon a showing by the owner that the dog
is a graduate of a recognized training school for dog guides, hearing aid dogs, or service dogs.
Upon the retirement or discontinuance of the dog as a dog guide, hearing aid dog, or service dog,
the owner of the dog shall be liable for the payment of the required license fee. (Neb. Rev. Stat.
§54-603)
Sec. 6-106 WRONGFUL LICENSING.
It shall be unlawful for the owner, keeper, or harborer
of any dog or cat to permit or allow such dog or cat to wear any license or other city identification
other than that issued by the City for such dog or cat. (Neb. Rev. Stat. §16-206) (Penalties refer to
Sections 6-401 through 6-403 or Addendum to Code Violations Bureau Fee Schedule).
Sec. 6-107 REMOVAL OF TAGS.
It shall be unlawful for any person to remove or cause to be
removed the collar, harness, or metallic tag from any licensed dog or cat without the consent of
the owner, keeper, or possessor thereof. (Neb. Rev. Stat. §16-206) (Penalties refer to Sections 6-
401 through 6-403 or Addendum to Code Violations Bureau Fee Schedule).
Sec. 6-108 DOGS AND CATS; RUNNING AT LARGE.
All dogs and cats found to be at large
and to go in or upon the private premises of others or upon the public grounds, streets or highways
of the City are hereby declared to be a public nuisance. It shall be unlawful for any person or
persons to have any dog or cat which is owned, kept, harbored, or allowed to be habitually in or
upon the premises occupied by him/her or under his, her or their control, to be at large and to go
in or upon the private premises of others or upon the public grounds, streets or highways of the
City; and it shall be unlawful for such person or persons to own, keep, or harbor, or to have in or
upon the premises occupied by him/her or under his, her or their control, any dog or cat, unless
said dog or cat is securely fastened by a chain or otherwise confined in or upon said premises in
some enclosure. However, when a dog or cat is away from the occupied premises there is no
violation of this section if the dog or cat is on a secure leash and under control of the owner or
other person. (Neb. Rev. Stat. §16-206) (Penalties refer to Sections 6-401 and 6-402).
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Sec. 6-109 VIOLENCE ON OR INTERFERENCE WITH A SERVICE DOG.
(1) A person commits the offense of violence on a service dog when he or she
intentionally injures, harasses, or threatens to injure or harass or attempts
intentionally to injure, harass, or threaten a dog that he or she knows or has reason
to believe is a dog guide for a blind or visually impaired person, a hearing aid dog
for a deaf or hearing-impaired person, or a service dog for a physically limited
person.
(2) A person commits the offense of interference with a service dog when he or she
intentionally impedes, interferes, or threatens to impede or interfere or attempts
intentionally to impede, interfere, or threaten to impede or interfere with a dog that
he or she knows or has reason to believe is a dog guide for a blind or visually
impaired person, a hearing aid dog for a deaf or hearing-impaired person, or a
service dog for a physically limited person.
(3) Evidence that the defendant initiated or continued conduct toward a dog as
described in subsection (1) or (2) of this section after being requested to avoid or
discontinue such conduct by the blind, visually impaired, deaf, hearing-impaired,
or physically limited person being served or assisted by the dog shall create a
rebuttable presumption that the conduct of the defendant was initiated or continued
intentionally.
(4) For purposes of this section:
“Blind person” shall mean a person with totally impaired vision or with vision, with
or without correction, which is so severely impaired that the primary means of
receiving information is through other sensory input, including but not limited to
Braille, mechanical reproduction, synthesized speech, or readers;
“Deaf person” shall mean a person with totally impaired hearing or with hearing,
with or without amplification, which is so severely impaired that the primary means
of receiving spoken language is through other sensory input, including but not
limited to lip reading, sign language, finger spelling, or reading;
“Hearing impaired person” shall mean a person who is unable to hear air conduction
thresholds at an average of 40 decibels or greater in the person's better ear;
“Physically impaired person” shall mean a person having limited ambulatory
abilities, including but not limited to having a permanent impairment or condition
that requires the person to use a wheelchair or to walk with difficulty or insecurity
to the extent that the person is insecure or exposed to danger; and
“Visually impaired person” shall mean a person having a visual acuity of 20/200 or
less in the person's better eye with correction or having a limitation to the person's
field of vision so that the widest diameter of the visual field subtends an angular
distance not greater than 20. (Neb. Rev. Stat. §28-1009.01)
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Sec. 6-110 KILLING AND POISONING.
It shall be unlawful to kill or to administer, or cause
to be administered, poison of any sort to a dog or cat, or in any manner to injure, maim, or destroy,
or in any manner attempt to injure, maim, or destroy, or in any manner attempt to injure, maim, or
destroy any dog or cat that is the property of another person, or to place any poison, or poisoned
food where the same is accessible to a dog or cat; provided, that this section shall not apply to the
City and/or its agents acting within the its power and duty.
Sec. 6-111 BARKING AND OFFENSIVE DOGS.
It shall be unlawful for any person to own,
keep, or harbor any dog which by loud, continued, or frequent barking, howling, or yelping shall
annoy or disturb any neighborhood, or person, or which habitually barks at or chases pedestrians,
drivers, or owners of vehicles while they are on any public sidewalks, streets, or alleys in the City.
(Neb. Rev. Stat. §16-206) (Penalties refer to Sections 6-401 through 6-403 or Addendum to Code
Violations Bureau Fee Schedule).
Sec. 6-112 OFFENSIVE CATS.
It shall be unlawful for any person to own, keep, or harbor any
cat which shall annoy or disturb any neighborhood or person. (Neb. Rev. Stat. §16-206) (Penalties
refer to Sections 6-401 through 6-403 or Addendum to Code Violations Bureau Fee Schedule).
Sec. 6-113DOGS; CONFINEMENT OF FEMALE DOGS DURING PERIOD OF
FERTILITY.
Any person who owns, harbors, or in any way sustains a female dog shall confine
the same in an enclosed area during the female dog's entire period of fertility, commonly referred
to as the period during which the dog is in season. (Penalties refer to Sections 6-401 through 6-
403 or Addendum to Code Violations Bureau Fee Schedule).
Sec. 6-114 FIGHTING.
It shall be unlawful for any person, by agreement or otherwise, to set
dogs or cats to fighting, or by any gesture or word to encourage the same to fight. (Neb. Rev. Stat.
§16-206, 16-235, 16-246)
Sec. 6-115 LIABILITY OF OWNER; DAMAGE TO PROPERTY OF OTHERS.
It shall be
unlawful for any person to allow a dog or cat owned, kept, or harbored by him/her or under his/her
charge or control to injure or destroy any real or personal property of any description belonging to
another person. The owner or possessor of any such dog or cat, in addition to the usual judgment
upon conviction, may be made to be liable to the persons so injured in an amount equal to the value
of the damage so sustained. (Neb. Rev. Stat. §16-206, 16-235, 16-246, 54-601, 54-602)
Sec. 6-116 RABIES CONTROL; DEFINITIONS.
For the purposes of this section, the
following words and phrases shall have the meanings respectively ascribed to them by this section:
“Cat” shall mean any feline animal, male or female, sexed or neutered.
“Dog” shall mean any canine animal, male or female, sexed or neutered.
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“Rabies control authority” shall mean any City law enforcement officer, animal control officer or
other officer designated by the mayor.
“Vaccination against rabies” shall mean the inoculation of a dog and cat with a rabies vaccine
licensed by the U. S. Department of Agriculture on the effective date of this code. Such vaccination
must be performed by a veterinarian duly licensed to practice veterinary medicine in the state.
Sec. 6-117 RABIES CONTROL; VACCINATION REQUIRED.
Every dog and cat four
months of age and older shall be vaccinated against rabies by a veterinarian duly licensed to
practice veterinary medicine in the State of Nebraska. Young dogs or cats shall be vaccinated
within 10 days after they have reached four months of age. Unvaccinated dogs and cats acquired
or moved into the City must be vaccinated within 10 days after purchase or arrival, unless under
four months of age, as specified above. (Penalties refer to Sections 6-401and 6-402).
Sec. 6-118 RABIES CONTROL; REVACCINATION.
Every dog or cat shall be revaccinated
against rabies according to product label directions following a period of not more than 36 months
since its last vaccination. Such revaccination shall be performed by a veterinarian duly licensed to
practice veterinary medicine in the State of Nebraska. The intervals of any other anti-rabies vaccine
shall be set by the state veterinarian, and he/she shall follow the latest recommendations of the U.
S. Public Health Service. (Penalties refer to Sections 6-401 and 6-402).
Sec. 6-119 RABIES CONTROL; PERSON BITTEN BY DOGS OR CATS;PROCEDURE.
(1) Any dog or cat suspected of being afflicted with rabies or any dog or cat not
vaccinated in accordance with the regulations herein which has bitten any person
and caused an abrasion of the skin of such person, shall be seized by the City and
impounded under the supervision of a licensed veterinarian or a public health
authority for a period of not less than 10 days. If upon examination by a
veterinarian, the dog or cat has no clinical signs of rabies at the end of such
impoundment, it may be released to the owner or, in the case of a stray, it shall be
disposed of in accordance with applicable law.
(2) Any dog or cat vaccinated in accordance with the provisions herein which has bitten
any person(s) shall be confined by the owner or other responsible person as required
by the rabies control authority for a period of at least ten days, at which time the
dog or cat shall be examined by a licensed veterinarian. If no signs of rabies are
observed by the veterinarian, the dog or cat may be released from confinement.
(3) All costs of impoundment and examination fees shall be the responsibility of the
owner.
Sec. 6-120 RABIES CONTROL; PROCLAMATION.
It shall be the duty of the City Council,
whenever in its opinion the danger to the public safety from rabid dogs or cats is great or imminent,
to issue a proclamation ordering all persons owning, keeping, or harboring any dog or cat to muzzle
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the same or to confine it for a period of not less than 30 days or more than 90 days from the date
of such proclamation or until such danger is passed. The dogs or cats may be harbored by any good
and sufficient means in a house, garage, or yard on the premises wherein the said owner may
reside. Upon issuance of the proclamation, it shall be the duty of all persons owning, keeping, or
harboring any dog or cat to confine the same as herein provided. (Neb. Rev. Stat. §16-206, 16-
235, 16- 246)
Sec. 6-121 INTERFERENCE WITH CITY LAW ENFORCEMENT OFFICER
PERFORMING ANIMAL CONTROL DUTIES.
It shall be unlawful for any person to hinder,
delay, or interfere with any City law enforcement officer or animal control officer who is
performing any animal control duty enjoined upon him/her by the provisions of this article, or to
break open, or in any manner directly or indirectly aid, counsel, or advise the breaking open of the
animal shelter, any ambulance wagon, or other vehicle used for the collecting or conveying of dogs
to the animal shelter. (Neb. Rev. Stat. §28-906)
Sec. 6-122 IMPOUNDING.
(1) It shall be the duty of any City law enforcement officer or animal control officer to
capture, secure, and remove in a humane manner to the animal shelter any dog or
cat violating any of the provisions of this chapter. The dogs or cats so impounded
shall be treated in a humane manner and shall be provided with a sufficient supply
of food and fresh water each day. Each impounded licensed dog or cat shall be kept
and maintained at the animal shelter for a period of not less than five days after
public notice has been given unless reclaimed earlier by the owner. However, any
impounded unlicensed animal that is sick or injured and the treatment for such
animal exceeds the costs of $50.00 and the City is not aware of the identity of the
owner of such animal, then such animal may be destroyed in a humane manner at
the discretion of the Chief of Police or his/her designee. Notice of impoundment of
all animal(s), including any significant marks or identifications, shall be posted at
the office of the animal shelter within two working days after impoundment as
public notification of such impoundment.
(2) Any dog or cat eligible to be reclaimed may be reclaimed by its owner during the
period of impoundment by payment of the required fees as set by the City. The
owner shall then be required to comply with the licensing and rabies vaccination
requirements within 72 hours after release. If the dog or cat is not claimed at the
end of required waiting period after public notice has been given, the City may
dispose of the dog or cat in accordance with the applicable rules and regulations
pertaining to the same, provided that if, in the judgment of the City, a suitable home
can be found for any such dog or cat, the said dog or cat shall be turned over to that
person and the new owner shall then be required to pay all fees and meet all
licensing and vaccinating requirements provided in this article.
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(3) The City shall acquire legal title to any unlicensed dog or cat impounded in the
animal shelter for a period longer than the required waiting period after giving
notice. (Neb. Rev. Stat. §16-206, 16-235, and 16-246)
Sec. 6-123 ANIMAL CONTROL FACILITY.
The animal control facility shall be safe,
suitable, and conveniently located for the impounding, keeping, and destruction of dogs and cats.
The animal control facility shall be sanitary, ventilated, and lighted as required by the Nebraska
Department of Agriculture, Bureau of Animal Industry. (Neb. Rev. Stat. §16-236)
Sec. 6-123.01 STERILATION OF ADOPTED ANIMALS.
All animals under the age of six (6)
months of age adopted from an animal control facility or shelter shall be spayed or neutered by a
licensed veterinarian when such animal reaches six (6) months of age. Documentation of such
sterilization shall be provided to the City of Blair within ten (10) days of the required procedure.
(Penalties refer to Sections 6-402 through 6-403 or Addendum to the Code Violations Bureau
Fee Schedule).
Sec. 6-124 CAPTURE IMPOSSIBLE.
Any City law enforcement officer or animal control
officer shall have the authority to kill any dog or cat showing vicious tendencies or characteristics
of rabies which make capture impossible because of the danger and risk involved. (Neb. Rev. Stat.
§16-206, 16-235, and 16-246)
Sec. 6-125 DANGEROUS AND POTENTIALLY DANGEROUS DOGS; DEFINITIONS.
(1) No person shall own, keep, harbor or allow to be in or upon any premises occupied
by him or under his charge or control any dangerous or potentially dangerous dog
without said dog being confined so as to protect the public from injury. Any City
law enforcement officer, animal control officer or other authority designated by the
Mayor and City Council is authorized to kill such dog if found running at large.
The prudent use of firearms by any such officer for this purposes or for any purpose
required by this section shall not be considered a violation of this code or other
ordinances of the City.
(2) “Dangerous dog” shall be defined as one who meets one or more of the following
conditions:
(a) Has killed a human being;
(b) Has inflicted injury on a human being that requires medical treatment;
(c) Has killed a domestic animal without provocation; or
(d) Has been previously determined to be a potentially dangerous dog by an
animal control authority, the owner has received notice from an animal
control authority or an animal control officer of such determination, and the
dog inflicts an injury on a human being that does not require medical
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treatment, injures a domestic animal, or threatens the safety of humans or
domestic animals.
(3) “Potentially dangerous dog” shall be defined as one who meets one or more of the
following conditions:
(a) Any dog that, when unprovoked:
(1) Inflicts an injury on a human that does not require medical
treatment, or injures a domestic animal(s) either on public or private
property, or
(2) Chases or approaches a person upon streets, sidewalks, or any public
grounds in a menacing fashion or apparent attitude of attack, or
(b) Any specific dog with a known propensity, tendency, or disposition to
attack when unprovoked, to cause injury, or to threaten the safety of humans
or domestic animal(s).
(4) No dog may be declared dangerous or potentially dangerous if it inflicts injury or
damage on a person committing a willful trespass or other tort upon premises
occupied by the owner or lessee of the dog or committing or attempting to commit
a crime. No dog may be declared dangerous or potentially dangerous for taking
action to defend or protect a human being within the immediate vicinity of the dog
from an unjustified attack or assault. No dog used in lawful activities of any law
enforcement officer shall be declared a dangerous or potentially dangerous dog.
(5) Definitions for the purpose of this section:
“Law enforcement officer” or “animal control officer” shall mean a person
authorized to enforce the animal control laws of the City including any active police
officer or animal control officer and the duties of said law enforcement officer shall
include the control of animal(s), or seizure and impoundment of animal(s) and shall
include any state or local law enforcement or other employee whose duties in whole
or in part include assignments that involve the seizure and impoundment of any
animal(s).
“Domestic animal” shall mean a cat, a dog, or livestock.
“Medical treatment” shall mean treatment administered by a physician or other
licensed health care professional that results in sutures or surgery or treatment for
one or more broken bones.
Sec. 6-126JUDICIALLY OR ADMINISTRATIVELY EXCLUDED DOGS.
It shall be
unlawful for any person to bring any dog into the City which has, in another jurisdiction, been
judicially or administratively declared to be dangerous, potentially dangerous, vicious, a nuisance,
or a threat to the health or safety of human beings. (Penalties refer to Sections 6-401 and 6-402).
Sec. 6-127 IMPOUNDMENT OF DOGS DURING ENFORCEMENT PROCEEDINGS.
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(1) If there is reasonable cause shown that the offending dog under Section 6-125
and/or 6-126 may constitute a hazard to the safety of the public at large during the
pendency of any action commenced thereunder, the court may order such dog
impounded pending the outcome of such proceedings. Any person who owns,
keeps, harbors, maintains, or controls any dog involved in such impoundment shall
pay all expenses to the City, including shelter, food, veterinary expenses, boarding,
or other expenses necessitated by the impoundment of the dog for the protection of
the public and other expenses as may be required. The City may require such
person, prior to expiration of 10 days after the date of impoundment, to pay an
amount sufficient to pay all reasonable expenses incurred in caring and providing
for the dog, including estimated medical care, for 30 days, inclusive of the date on
which the dog was impounded. If such payment is not made prior to expiration of
such 10-day period, the dog shall become the property of the City to be disposed of
as the City deems appropriate. Such payment shall be required for each succeeding
30-day period. If any such payment is not made prior to the end of each succeeding
30-day period, the dog shall become the property of the City to be disposed of as
the City deems appropriate.
(2) The amount of the payment shall be determined by the City based on the current
rate for board at the animal shelter and the condition of the dog after its examination
by a veterinarian acting for the City. Any such payment received by the City in
excess of the amount determined by the City to be due for the board and care of the
dog shall be refunded by the City upon expiration of the order of impoundment.
Notwithstanding the foregoing, if the owner or custodian is found not guilty in any
legal proceeding brought under this Section, the owner or custodian shall only be
required to pay the veterinary expenses and one-half of the board and care fees
determined by the City to be due, unless waived.
(3) Notwithstanding the foregoing, if it is determined by a veterinarian acting for the
City that such dog is diseased or disabled beyond any useful purpose, the dog shall
immediately become the property of the City to be humanely disposed of as the
City deems appropriate.
Sec. 6-128 POTENTIALLY DANGEROUS DOG; DECLARATION.
(1) The City shall initiate administrative proceedings to declare a dog to be potentially
dangerous if it meets the definition of “potentially 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;
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(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 ten days after
the date of mailing or personal service of the notice; and
(f) Notification that an appeal may be filed within ten 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 potentially dangerous dog shall be required
to comply with Section 6-131 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 may request termination of the declaration if there are no additional
incidents of the type specified in Section 6-125(3) for at least 48 months following
the date of the declaration. Such request for termination shall be made in writing
and shall be heard by the City Council Police Committee within 30 days of the date
of the filing of the written request for termination. Said hearing shall provide an
opportunity for the owner to appear and offer evidence to support termination of
the declaration. The owner must provide written documented evidence that the
dog’s behavior has changed due to environment, health, age, training, neutering or
other relevant factors. The filing fee for each request for termination shall be
$200.00 and shall be paid to the City at the time of the filing of the written request
for termination. A decision to continue or terminate such declaration shall be
entered within 10 days of the date of the hearing.
(5) An owner whose dog has been declared potentially 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. 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
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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.
Sec. 6-129 DANGEROUS AND POTENTIALLY DANGEROUS DOGS; SPAYING OR
NEUTERING; MICROCHIP IDENTIFICATION AND LICENSE REQUIRED.
Any dog
declared dangerous or potentially dangerous shall be spayed or neutered, implanted with microchip
identification by a licensed veterinarian at the owner’s expense and written proof of spaying or
neutering and the microchip identification number being provided to the City within 30 days after
such declaration is entered.
Sec. 6-130 DANGEROUS AND POTENTIALLY DANGEROUS DOGS; CLASSES
REQUIRED.
The owner of any dog declared dangerous or potentially dangerous shall be required
to attend, at the owner’s expense, a responsible pet ownership class approved by the City within
90 days after such declaration is entered.
Sec. 6-131 DANGEROUS AND POTENTIALLY DANGEROUS DOGS; RESTRAINED.
It
shall be unlawful for any person owning, harboring, or having the care of a dangerous or potentially
dangerous dog to permit such dog to go beyond the property of such person unless the dog is under
the control of a person 19 years of age or older, restrained securely by a harness and leash no
longer than 6 feet, and properly muzzled to prevent the dog from biting. (Penalties refer to Sections
6-401 and 6-402).
Sec. 6-132 DANGEROUS AND POTENTIALLY DANGEROUS DOGS; PROOF OF
INSURANCE.
The owner of any dog declared dangerous or potentially dangerous shall be
required to present written proof of public liability insurance of not less than $100,000.00 to the
City within 30 days after such declaration. Such insurance shall be required to remain in effect as
long as such dog is declared dangerous or potentially dangerous and shall be verified annually at
the time of licensing.
Sec. 6-133 DANGEROUS AND POTENTIALLY DANGEROUS DOGS;
IMPOUNDMENT.
Any dog declared dangerous or potentially dangerous that bites a human
being without provocation shall be immediately impounded by any City law enforcement officer
or animal control officer. The owner shall be responsible for the reasonable costs incurred for the
care of such impounded dangerous dog and the dog may be destroyed upon determination by the
court.
Sec. 6-134 DANGEROUS AND POTENTIALLY DANGEROUS DOGS AT LARGE;
DESTRUCTION.
Any dog declared dangerous dog or potentially dangerous as defined in
Section 6-125 and/or 6-126 and is found at large and unattended upon public property, park
property, or a public right-of-way, or upon the property of someone other than its owner, thereby
12
creating a hazard to person or property, may, in the discretion of the chief of police or his
authorized designee, or any City law enforcement officer or animal control officer, be destroyed
if it cannot be confined or captured. The City shall be under no duty to confine or capture a
dangerous dog found at large nor shall it have a duty to notify the owner of such dog prior to its
destruction.
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
13
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)
Sec. 6-136 DANGEROUS DOGS; CONFINED.
No person owning, harboring, or having the
care of a dangerous dog shall permit such dog to go unconfined while unattended on the premises
of such person. A dangerous dog shall be securely confined, in a humane manner, indoors or in a
securely enclosed and locked pen or structure suitably designed to prevent the entry of young
children and to prevent the dog from escaping. The pen or structure, if allowed by zoning
regulations, shall have secure sides and a secure top. If the pen or structure has no bottom secured
to the sides, the sides shall be embedded into the ground no less than one foot or have a concrete
pad with sides secured to the concrete pad. The pen or structure shall also protect the dog from the
elements. The owner of a dangerous dog shall post a City approved warning sign on the property
where the dog is kept so that the sign is clearly visible at all times and inform the public that a
dangerous dog is on the property.
Sec. 6-137 DANGEROUS AND POTENTIALLY DANGEROUS DOGS; FAILURE TO
COMPLY.
Any dangerous or potentially dangerous dog may be immediately confiscated by any
City law enforcement officer or animal control officer if the owner is in violation of this Section.
The owner shall be responsible for the reasonable costs incurred by the City for the care of such
confiscated dangerous dog or potentially dangerous, or for the destruction of any dangerous or
potentially dangerous dog. In addition to any other penalty, a court may order the City to dispose
of a dangerous or potentially dangerous dog in an expeditious and humane manner.
Sec. 6-138 RECKLESS OWNER.
(1) The City shall initiate administrative proceedings to declare an owner a reckless
owner, and to revoke all pet license(s) issued to such person, if such owner has been
convicted of one (1) or more violations of this chapter on two (2) separate occasions
in a 24-month period or whose dog(s) has been determined to be dangerous or
potentially dangerous and who has not complied with the requirements of this
chapter pertaining to dangerous or potentially dangerous dog(s), the city shall
provide written notice of such declaration to the 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 who is subject to such declaration and
revocation;
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(b) The name(s), description(s) and license number(s) of any animal(s)
associated with such violations licensed to the owner;
(c) A description of the violations or requirements which form the basis of such
declaration and revocation, including the case numbers, if any;
(d) A summary of the effects of such declaration, including the revocation of
said pet license(s) and surrender of said animal(s);
(e) Effective date of the declaration and revocation which shall be not less than
ten 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 and revocation.
(2) Upon effect of such declaration and revocation, unless an appeal of such is filed
with the City in accordance with this section, such reckless owner shall be required
to surrender said animal(s) to any City law enforcement officer or animal control
officer within 24 hours. Failure to surrender such animal(s) shall result in
immediate impoundment by the City. Such surrendered or impounded animal(s)
shall immediately become the property of the City and may be disposed of by the
City as they deem appropriate.
(3) An owner who is declared a reckless owner shall be prohibited from licensing,
residing with, or owning any additional animal(s) in the City for a period of 48
months from the effective date of the declaration and revocation.
(4) An appeal of such declaration and revocation shall be heard by the City Council
Police Committee which shall provide an opportunity for the owner to appear and
offer evidence to dispute the declaration and revocation. The filing fee for each
appeal shall be $200.00 payable to the City at the time of the filing of said appeal.
A determination to affirm or reverse such declaration and revocation shall be
entered within 10 days of the date of the hearing by the City Council Police
Committee.
Sec. 6-139 PIT BULLS; LEASH AND MUZZLE REQUIRED.
It shall be unlawful for any
persons owning, harboring or having the care of a pit bull to permit such dog to be outdoors unless
confined in a securely fenced yard or unless the dog is under the control of a person 19 years of
age or older, restrained securely by a harness and leash no longer than six feet and properly
muzzled to prevent the dog from biting. For purposes of this section, pit bull shall be defined as
any dog that is an American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull
Terrier, Dogo Argentina, Presa Canario, Cane Corso, American Bulldog, or any dog displaying
the majority of such physical traits of any one or more of the above breeds (more so than any other
breed), or any dog exhibiting those distinguishing characteristics which substantially conform to
the standards established by the American Kennel Club or United Kennel Club for any of the above
15
breeds. The A.K.C and U.K.C standards for the above breeds are on file at the City office.
(Penalties refer to Sections 6-401 and 6-402) (Amended by Ordinance 2340 10/24/2016).
Article 2. Animals and Fowls
Sec. 6-201 ANIMALS; RUNNING AT LARGE.
It shall be unlawful for the owner, keeper, or
harborer of any animal, or any person having the charge, custody, or control thereof, to permit a
horse, mule, cow, sheep, goat, swine, or other animal to be driven or run at large on any of the
public ways and property, or upon the property of another. (Neb. Rev. Stat. §16-235) (Penalties
refer to Sections 6-401and 6-402). (Amended by Ordinance 2140 06/10/2008)
Sec. 6-202 LIVESTOCK; BANNED FROM MUNICIPALITY.
It shall be unlawful for any
person, corporation, firm, or other entity, in the capacity of owner occupant, lessee, mortgagee, or
agent thereof, to keep or maintain within the corporate limits of Blair, Nebraska, any horse, mule,
sheep, cow, goat, swine, or other livestock except such livestock as are within the said corporate
limits temporarily for exhibition purposes and are kept in sanitary and enclosed areas at least one
hundred fifty (150') feet from any habitable structure owned by any person or business. (Penalties
refer to Sections 6-401 and 6-402). (Amended by Ordinance 2140 06/10/2008) (Amended by
Ordinance 2260 05/20/2014)
6-202.1 FOWL, CONTROLLED WITHIN MUNICIPALITY; PERMIT PROCESS.
A.Except as permitted by subsection E of this section, it shall be unlawful for any person,
corporation, firm, or other entity, in the capacity of owner occupant, lessee, mortgagee, or
agent thereof, to keep or maintain, within the corporate limits of Blair, Nebraska, any
chickens, ducks, geese, turkeys, pheasants, quail, ostrich, or other fowl except such fowl
as are within the said corporate limits temporarily for exhibition purposes and are kept in
sanitary and enclosed areas at least one hundred fifty (150') feet from any habitable
structure owned by any person or business.
B.The keeping or maintain of such fowl as described in subsection A above shall be
considered to be a specific nuisance and may be abated in accordance with the provisions
of the Blair Municipal Code.
C.In addition to abatement as identified in subsection B above, the Mayor and City Council
shall be authorized to maintain an action for abatement of such activity in Court in
Washington County, Nebraska, against the owner, occupant, lessee, mortgagee, or agent
thereof, who is deemed to be in violation of subsection A of this section.
D.Furthermore, any owner, occupant, lessee, mortgagee, or agent thereof, who shall violate
or refuse to comply with the provisions of subsection A of this section, or the enforcement
16
thereof, shall be fined as per the City’s Violations Bureau for every offense. A new
violation shall be deemed to have been committed every twenty-four (24) hours of such
failure to comply.
E.Notwithstanding the above provisions of this section, the raising of hen chickens within
the municipality may be permitted, subject to compliance with the following conditions:
1.Any person desiring to keep hen chickens in the corporate limits of the City of Blair
shall obtain a permit from the City of Blair prior to acquiring the hen chickens.
Application shall be made at City Hall and the fee for the permit shall be as
determined by the City Council in APPENDIX – PERMIT, LICENSE AND
APPLICATION FEES. The application shall be in writing on a form to be
furnished by the City of Blair for that purpose.
2.The minimum property requirements to qualify for a permit shall include:
a.The applicant must be owner occupant, lessee or mortgagee of the property
where the hen chickens will be kept;
b.The use of the property where the hen chickens will be kept must be a
single-family dwelling. No permit will be issued for duplexes,
condominiums, or multi-family dwellings;
c.Hen chickens shall not be kept on a vacant or uninhabited property.
3.The application for such permit shall be made pursuant to the procedures and
requirements that are applicable at the time the person applies for a new permit,
which shall include:
a.Name and mailing address of the applicant;
b.Mailing address where hen chickens are to be kept;
c. Signature of the property owner (if not the applicant) agreeing to the
application;
d.Statement of the method and frequency in which offal, manure and waste
material accumulating from such hen chickens will be sanitarily disposed
of;
e.An attached plot plan of the property upon which the hen chickens will be
kept, as well as all adjacent properties, showing dimensions of the property
upon which the hen chickens will be kept, the location and dimensions of
the covered enclosure and fenced pen area, the distance of any part of the
covered enclosure and fenced pen area from residence buildings on all
properties, and the distance of any part of the covered enclosure and fenced
pen area from the property lot lines upon which the hen chickens will be
kept.
4.Any applicant for such permit, shall, prior to the issuance or renewal of a permit by
the City of Blair, give notice of the pendency of said application to all owners of
property adjacent to the property upon which the hen chickens will be kept, as well
as to other owners of residences within one hundred feet (100’) of any part of the
covered enclosure and fenced pen area. The applicant shall furnish proof of said
17
notice to the City Clerk. The notice required by this section shall be in writing and
in a form as provided by the City of Blair, and may be served personally with proof
by signature or by certified return receipt mail. If any owner of property adjacent
to the property upon which the hen chickens will be kept or any owner of a
residence within one hundred feet (100’) of any part of the covered enclosure and
fenced pen area objects within ten (10) days of the date of notification to the
issuance of a permit for the keeping of hen chickens, such permit will not be issued.
5.Prior to the issuance or renewal of any permit for the keeping of hen chickens, the
City of Blair shall have a proper investigation completed by City personnel of the
facts set forth in the application for the permit and determine whether said
application conforms to the requirements of this section and whether the property
conforms to the requirements of this section and other ordinances of the City with
respect to zoning and building regulations, sanitation, and location of the covered
enclosure and fenced pen area. No permit shall be issued by the City of Blair until
all requirements of this section have been satisfied.
6.Permits expire and become invalid one (1) year after date of issuance. A person
who wishes to continue keeping hen chickens shall have satisfied the requirements
of subsection 3-5 and obtained a new permit on or before the expiration date of the
previous permit. No permit shall be assignable or transferable.
7.A person who keeps or houses hen chickens shall comply with all of the following
requirements:
a.No more than six (6) hen chickens may be kept on any one (1) property or
lots joined by a contiguous parcel agreement;
b.No person shall keep any rooster;
c.No person shall slaughter any hen chickens within view of the general
public;
d.The hen chickens shall be provided with a covered enclosure and fenced
pen area which meets all of the requirements of subsection 7. The hen
chickens shall be kept in the covered enclosure or the fenced pen area at all
times. Hen chickens shall be secured within the covered enclosure during
non-daylight hours;
e.A person shall not keep hen chickens in any location on the property other
than in the rear yard. For purposes of this section, “rear yard” means that
portion of a lot enclosed by the property’s rear lot line and the side lot lines
to the points where the side lot lines converge with an imaginary line
established by the rear of the dwelling and extending to the side lot lines;
f.No part of the covered enclosure or fenced pen area shall be located closer
than ten feet (10’) to any property line of an adjacent property;
g.No part of the covered enclosure or fenced pen area shall be located closer
than forty feet (40’) to any residential structure on an adjacent property;
h.All covered enclosures for the keeping of hen chickens shall meet the
following requirements:
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i.Contain at least four (4) square feet of floor area per hen chicken. No
covered enclosure shall exceed one hundred-twenty (120) square feet
in size or exceed twelve feet (12’) in height. Covered enclosures shall
be constructed and repaired so as to prevent rats, mice, or other rodents
from being harbored underneath, within, or within the walls of the
enclosure.
ii.Enclosed on all sides and shall have a roof and doors. Access doors
must be able to be shut and locked during non-daylight hours.
Openings for windows and vents must be covered with predator and
bird proof wire of less than one (1”) inch openings.
iii.The building materials used shall be uniform for each element of the
structure, such that the walls are made of the same material, the roof
has the same shingles or other covering, and any windows or openings
are constructed using the same materials. The use of scrap wood,
waste board, sheet metal, or similar materials is prohibited. All
elements shall be well maintained and are subject to the Property
Maintenance Code adopted by the City of Blair;
i.All fenced pen areas shall provide at least ten (10) square feet of open floor
or ground area per hen chicken and shall consist of sturdy wire fencing. The
top of the fenced pen area must be covered with wire, aviary netting, or solid
roofing so as to not allow hen chickens to escape or predators to enter;
j.All storage containers for feed and other items associated with the keeping
of hen chickens that are likely to attract or to become infested with or
infected by rats, mice, or other rodents shall be protected so as to prevent
rats, mice, or other rodents from gaining access to or coming into contact
with them;
k.Odors from hen chickens, hen chicken manure or other hen chicken related
substances shall not be perceptible beyond the boundaries of the permitted
tract of land;
l.Noise from hen chickens shall not be loud enough beyond the boundaries
of the permitted tract of land at the property boundaries to disturb persons
of reasonable sensitivity;
m.Hen chickens shall not roam outside of the covered enclosure and fenced
pen area.
F. The City may revoke any permit granted under this section due to any violation(s) of this
section. Fees associated with permits which are revoked are not refundable.
G.A person who has been issued a permit shall allow the inspection of the property, covered
enclosure and fenced pen area, during reasonable hours, upon written or verbal request by
any Police Officer or Code Enforcement Officer of the City. (Penalties refer to Sections 6-
401 and 6-402.)
(Amended by Ordinance No. 2260 5/13/2014)
Sec. 6-203 ANIMALS; WILD.
No wild animals may be kept within the corporate limits except
such animals kept for exhibition purposes by circuses and educational institutions. (Neb. Rev.
19
Stat. §16-235) (Penalties refer to Sections 6-401 and 6-402). (Amended by Ordinance 2140
06/10/2008)
Sec. 6-204 ANIMALS; CRUELTY.
(1) A person commits cruelty to animals including a domesticated living creature and a
wild living creature previously captured if, except as otherwise authorized by law, he
or she intentionally or recklessly:
(a)Subjects any animal to cruel mistreatment meaning every act or omission which
causes, or unreasonably permits the continuation of, unnecessary or unjustifiable
pain or suffering;
(b)Subjects any animal in his or custody to cruel neglect meaning failure to provide
food, water, protection from the elements, opportunity to exercise, or other care
normal, usual, and proper for an animal's health and well-being; and
(c)Abandons any animal meaning the leaving of an animal by its owner or other person
responsible for its care or custody without making effective provisions for its proper
care.
(d)Kill or injures any animal belonging to another.
(2) Cruelty to animals is a Class II misdemeanor.
(3) Nothing in this section shall be construed to amend or in any manner change the
authority of the Municipal Policemen acting within their power and duty. (Neb. Rev.
Stat. §28-1012)
Sec. 6-205 OTHER ANIMALS; RABIES SUSPECTED.
Any animal (other than a dog or cat
which is covered in §6-117 et. seq.), suspected of being afflicted with rabies or any which has
bitten any person and caused an abrasion of the skin, shall be seized and impounded under the
supervision of the Board of Health for a period of not less than ten (10) days. If upon examination
by a veterinarian, suspected animal has no clinical signs of rabies at the end of such impoundment,
it may be released to the owner, or it shall be disposed of in accordance with the provisions herein.
If the owner of the said animal has proof of vaccination, it shall be confined by the owner or some
other responsible person for a period of at least ten (10) days, at which time said animal shall be
examined by a licensed veterinarian. If no signs of rabies are observed, said animal may be
released from confinement, only after payment of all impoundment fees during the period of
confinement. (Neb. Rev. Stat. §71-4406) (Amended Ordinance 2209 10/25/2011)
Sec. 6-206 ANIMALS; ENCLOSURES.
All pens, cages, sheds, yards, or any other area or
enclosure for the confinement of animals and fowls not specifically barred within the corporate
limits shall be kept in a clean and orderly manner so as not to become a menace or nuisance to the
neighborhood in which the said enclosure is located.
Sec. 6-207 FOWLS; COCK FIGHTING.
It shall be unlawful for any person, by agreement or
otherwise, to set game cocks, game roosters, or game fowls of any kind to fighting, or by any
20
gesture or word to encourage the same to do so. (Penalties refer to Sections 6-401 and 6-402).
(Amended by Ordinance 2140 06/10/2008)
Sec. 6-208 BABY POULTRY.
No person shall display, give away, distribute or sell natural
colored or artificially colored baby poultry as pets or novelties. This Section shall not be construed
to prohibit the display or sale of baby poultry when such poultry is provided with proper brooder
facilities by hatcheries or businesses engaged in the business of selling the same commercially.
Sec. 6-209 ANIMALS; IMPOUNDING.
It shall be the duty of the Municipal Police or its
authorized agent to capture, secure, and remove in a humane manner to the Municipal Animal
Shelter or to a designated animal shelter located within or out of the City limits any dog or other
animal violating any of the provisions of this Article. The dog or other animal or animals so
impounded shall be treated in a humane manner and shall be provided with a sufficient supply of
food and fresh water each day. Each impounded dog or other animal shall be kept and maintained
at the pound for not less than forty-eight (48) hours unless reclaimed earlier by the owner. A list
of impounded dogs or other animals, including any significant marks or identifications, shall be
maintained at the Police Station. Any dog or other animal may be reclaimed by its owner during
the period of impoundment by payment to ten ($10.00) dollars for a general impoundment fee. If
the dog or other animal is not claimed at the end of forty-eight (48) hours, the Municipal Police or
its authorized agent may dispose of the dog or other animal or destroy the dog or other animal in
any humane manner within the discretion of the Municipal Police or its authorized agent; Provided,
that if, in the judgment of the Municipal Police or its authorized agent, a suitable place can be
found for any such animal, the said animal shall be turned over to that person and the new owner
shall then be required to pay all fees and meet all licensing and vaccinating requirements, if any,
provided in this Article. The Municipality, or its authorized agent, shall acquire legal title to any
dog or other animal impounded in the Animal Shelter after forty-eight (48) hours. All dogs or
other animals destroyed shall be disposed of in a summary and humane manner. (Ord. No. 1163,
1/13/76)
Article 3. Miscellaneous Misdemeanors
Sec. 6-301 MISDEMEANORS; ASSAULT IN THE THIRD DEGREE.
It shall be unlawful
for any person to intentionally, knowingly, or recklessly cause bodily injury to another person; or
threaten another in a menacing manner. Assault in the third degree shall be a Class I misdemeanor
unless committed in a fight or scuffle entered into by mutual consent in which case it shall be a
Class II misdemeanor. (Neb. Rev. Stat. §28-310)
Sec. 6-302 MISDEMEANORS; THEFT.
The terms and definitions applied in this Section shall
be in conformance with Section 28-509 RS Neb. It shall be unlawful for any person to:
A. Take or exercise control over movable property of another with the intent to deprive
21
him or her thereof; or
B. Transfer immovable property of another or any interest therein with the intent to
benefit himself or another not entitled thereto; or
C. Fail to return leased or rented movable property to the lessor after the expiration of a
written lease or written rental agreement, if done with intent to deprive, and if such
lessee has been mailed notice by certified mail that such lease or rental agreement
has expired and he or she has failed within ten (10) days after such notice to return
such property; or
D. Obtain the property of another by deception, as defined by Section 28-512 RS Neb;
or
E. Obtain the property of another by threatening to:
1.Inflict bodily injury on anyone or commit any other criminal offense; or
2.Accuse anyone of a criminal offense; or
3.Expose any secret tending to subject any person to hatred, contempt, or
ridicule, or to impair his or her credit or business repute; or
4.Take or withhold action as an official, or cause an official to take or withhold action;
or
5.Bring about or continue a strike, boycott, or other collective unofficial action, if
the property is not demanded or received for the benefit of the group in whose
interest the actor purports to act; or
6.Testify or provide information or withhold testimony or information with respect
to another's claim or defense. It is an affirmative defense to prosecution based on
subdivision 2, 3, or 4 of the above subsection, that the property obtained by threat
of accusation, exposure, lawsuit or other invocation of official action was honestly
claimed as restitution or indemnification for harm done in the circumstances to
which such accusation, exposure, lawsuit or other official action relates, or as
compensation for property or lawful services; or
F. Come into control of property of another that he knows to have been lost, mislaid, or
delivered under a mistake as to the nature or amount of the property or the identity of
the recipient if, with intent to deprive the owner thereof, he or she fails to take
reasonable measures to restore the property to a person entitled to have it;
or
G.Obtain services which he or she knows are available only for compensation, by
deception or threat, or by false token or other means to avoid payment for the service;
or
H.Have control over the disposition of services of others, to which he or she is not
entitled, and diverts such services to his or her own benefit or to the benefit of another
not entitled thereto; or
I.Make, possess, sell, give, transfer, offer for sale or advertise any device, instrument,
apparatus or equipment designed or which can be used to obtain telecommunications
service fraudulently or to conceal from any supplier or telecommunications service or
from any lawful authority the existence or place of origin or of destination of any
telecommunication; or
J.Receive, retain or dispose of movable property to another knowing that it has been
stolen, or believing that it has been stolen, unless the property is received, retained or
disposed with intention to restore it to the owner.
22
Provided that the value of the thing involved is under three hundred ($300.00) dollars. (Neb. Rev.
Stat. §28-509 thru 28-515, 28-517) (Class I or II misdemeanor)
Sec. 6-303 MISDEMEANORS; CRIMINAL MISCHIEF.
It shall be unlawful for any person
to damage property of another intentionally or recklessly; or intentionally or recklessly tamper
with property of another so as to endanger person or property; or intentionally or maliciously cause
another to suffer pecuniary loss by deception or threat; Provided, that the value of the property
involved is under three hundred ($300.00) dollars. (Neb. Rev. Stat. §28-519) (Class II or III
misdemeanor)
Sec. 6-304 MISDEMEANORS; CRIMINAL TRESPASS.
It shall be unlawful for any person,
knowing that he or she is not licensed or privileged to do so, to:
A.Enter or secretly remain in any building or occupied structure, or any separately
secured or occupied portion thereof; or
B.Enter or remain in any place as to which notice against trespass is given by:
1.Actual communication to the actor; or
2.Posting in a manner prescribed by law or reasonably likely to come to the
attention of intruders; or
3.Fencing or other enclosure manifestly designed to exclude intruders.
A person found guilty under subsection A hereof shall be guilty of a Class I misdemeanor. A
person found guilty under subsection B hereof shall be guilty of a Class III misdemeanor except
he or she shall be guilty of a Class II misdemeanor if the offender defied an order to leave
personally communicated to him or her by the owner of the premises or other authorized person.
(Neb. Rev. Stat. §28-520, 28-521) (Penalties refer to Sections 6-401 and 6-402). (Amended by
Ordinance 2148 10/14/2008)
Sec. 6-305 MISDEMEANORS; IMPERSONATING A PEACE OFFICER.
It shall be
unlawful for any person to falsely pretend to be a peace officer and perform any act in that
pretended capacity. Impersonating an officer is a Class I misdemeanor. (Neb. Rev. Stat. §28-610)
Sec. 6-306 MISDEMEANORS; PUBLIC INDECENCY.
It shall be unlawful for any person,
eighteen (18) years of age or over, to perform or procure or assist any other person to perform in
a
public place and where the conduct may reasonably be expected to be viewed by members of the
public:
A.An act of sexual penetration as defined by Subdivision (5) of Section 28-318 RS
Neb.; or
B.An exposure of the genitals of the body done with intent to affront or alarm any
person; or
C.A lewd fondling or caressing of the body of another person of the same or opposite
sex. Public indecency is a Class II misdemeanor. (Neb. Rev. Stat. §28-806)
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Sec. 6-307 MISDEMEANORS; RESISTING ARREST, WITHOUT THE USE OF A
DEADLY OR DANGEROUS WEAPON.
It shall be unlawful for any person to intentionally
prevent or attempt to prevent a peace officer, acting under color of his or her official authority,
from effecting an arrest on said person or on another, by:
A.Using or threatening to use physical force or violence against the peace of another;
or
B.Using any other means which creates a substantial risk of causing physical injury
to the peace officer or another; or
C.Employing means which require substantial force to overcome resistance to
effecting the arrest;
Provided, that this Section shall apply only to those actions taken to resist arrest without the use
of a deadly or dangerous weapon.
It is an affirmative defense to prosecution under this Section if the peace officer involved
was out of uniform and did not identify himself or herself as a peace officer by showing his or her
credentials to the person whose arrest is attempted. Class I misdemeanor. (Neb. Rev. Stat.
§28-904)
Sec. 6-308 MISDEMEANORS; OBSTRUCTING A PEACE OFFICER.
It shall be unlawful
for any person, to use or threaten to use violence, force, physical interference, or hinder the
enforcement
of the penal law or the preservation of the peace by a peace officer or judge acting under color of
his or her official authority. Class I misdemeanor. (Neb. Rev. Stat. §28-906)
Sec. 6-309 MISDEMEANORS; DISTURBING THE PEACE
. It shall be unlawful for any
person to intentionally disturb the peace and quiet of any person, family or neighborhood. Class
III misdemeanor. (Neb. Rev. Stat. §28-1322)
Sec. 6-310 MISDEMEANORS; APPLIANCES IN YARD.
It shall be unlawful for any person
to permit a refrigerator, icebox, freezer, or any other dangerous appliance to be in the open and
accessible to children whether on private or public property unless he or she shall first remove all
doors and make the same reasonably safe. Each day a refrigerator, ice box, freezer, or any other
dangerous appliance is open, accessible to children, and unsafe shall be deemed a separate
violation hereunder. (Penalties refer to Sections 6-401 and 6-402). (Amended by Ordinance 2140
06/10/2008)
Sec. 6-311 MISDEMEANORS; WEED REMOVAL.
Repealed by Ord. No. 1574, 09/10/91,
provisions transferred to Section 4-506.
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Sec. 6-312 MISDEMEANORS; TREES DEAD, DISEASED OR DAMAGED DYING
TREES.
All trees and shrubs within the City of Blair shall be pruned or removed when such trees
or shrubs constitute a hazard to life and property, or harbor insects or diseases or are damaged to
the extent they constitute a threat to other trees or shrubs, persons or property within the City. For
the purpose of carrying out the provisions of this Section, the City of Blair Police or Administrative
Staff along with staff from the State Forestry Office or a licensed arborist shall have the authority
to enter on private property to inspect the tree(s) or shrub(s) thereon. In the event the tree(s) or
shrub(s) are dead, diseased or damaged beyond recovery notice shall be given to the owner of the
property by mail or personal service and such notice shall allow the said owner sixty (60) days to
remove said tree(s) or shrub(s). In the event the owner is a non-resident, notice shall be made by
publication in a newspaper of general circulation, or by mail if the name and address is known. In
the event of failure of owners to comply with said notice, the City of Blair shall have the authority
to hire a registered contractor to prune or remove said tree(s) or shrub(s) and the City of Blair
assess the cost of said pruning to the property owner. If the owner fails to reimburse the City of
Blair after being properly billed, the cost with interest may be assessed against the real estate and
the City Clerk shall have the assessment filed as a lien against the real estate and certified to the
City of Blair to be collected in the manner prescribed by law. In the event the property owner is a
non-resident of Washington County the City of Blair shall, before levying any special assessment
against that property, send a copy of any notice required by law to be published by means of
certified mail, return receipt requested to the last known address of the non-resident property
owner. The last known address shall be that address listed on the current tax rolls at the time such
required notice was first published. Failure to remove any said tree shall be deemed to be a Class
III misdemeanor. (Neb. Rev. Stat. §16-230, 18-1720, 28-1321) (Amended by Ordinance 2167
7/14/2009)
Sec. 6-313 MISDEMEANORS; RADIO INTERFERENCE.
Any person operating, or causing
to be operated, any motor, sign, or other electrical apparatus that is connected with the light and
power system shall equip the apparatus with proper filtering attachments to eliminate interference;
Provided, that the provisions herein shall not apply to the use of necessary medical equipment or
apparatus where electrical interference cannot be reasonably and safely eliminated. Any person
who so operates, or causes to be operated, any such electrical apparatus that interferes habitually
with
radio and television reception shall be deemed to be guilty of a misdemeanor. Class III
misdemeanor. (Neb. Rev. Stat. §18-1720, 28-1321)
Sec. 6-314 MISDEMEANORS; DISCHARGE OF FIREARMS.
It shall be unlawful for any
person, except an officer of the law in the discharge of his or her official duty, to fire or discharge
any gun, pistol, or other firearm specifically including but not limited to air guns, air rifles, pellet
guns, and "B-B" guns, or any other device which by the triggering of an explosion discharges a
projectile from the device excepting any generally recognized tool or legal fireworks within the
25
Municipality; provided, nothing herein shall be construed to apply to officially sanctioned public
celebrations if the persons so discharging firearms have written permission from the Governing
Body. Class V. (Neb. Rev. Stat. §16-227) (Penalties refer to Sections 6-401 and 6-402).
(Amended by Ordinance 2140 06/10/2008)
Sec. 6-315 MISDEMEANORS; FIREARMS, POSSESSION, TRANSPORTATION, WHEN
ALLOWED.
It is hereby unlawful for any person, except an authorized law enforcement officer,
or a private security guard who is registered with the Chief of Police, purposely or knowingly, to
openly carry or openly transport in any conveyance or in any other manner whatsoever, or to
possess any rifle, shot gun, air gun, air rifle, pellet gun, or “B-B” gun at any building owned by
the City of Blair, land owned by the City of Blair, or in any City Park, including the municipal
pool and Youth Sports Complex. This section is not violated if, prior to exiting the vehicle, the
firearm is locked inside a trunk, a locked compartment of vehicle, or a storage box which is locked
and attached to a vehicle. This exception does not apply to any parking area used by such location
in which the carrying of a firearm is prohibited by federal law. Furthermore, this section is not
violated if the person meets the exceptions contained in Section 6-317 of the Blair City Code. This
section shall not apply to a permitholder authorized to carry a concealed weapon, so long as
Nebraska statutes allows for the carrying of a concealed weapon at the location as defined by Neb.
Rev. Stat. §69-2441 and that the permitholder complies with the provisions of Neb. Rev. Stat. §69-
2441. It shall be an affirmative defense to this section that at the time he or she was carrying the
firearm, there existed circumstances at that time in which such person was placed at the time were
such as to justify a prudent person in carrying the firearm for the defense of his or her person,
property, or family. (Amended by Ordinance 2100 01/23/2007; Ordinance 2377 03/12/2019)
Sec. 6-316 MISDEMEANORS; HAND GUNS, POSSESSION, TRANSPORTATION,
WHEN ALLOWED.
It is hereby unlawful for any person, except an authorized law enforcement
officer, or a private security guard who is registered with the Chief of Police, purposely or
knowingly, to openly carry or openly transport in any conveyance or in any other manner
whatsoever, or to possess any handgun at any building owned by the City of Blair, on any land
owned by the City of Blair, or in any City Park, including the municipal pool and Youth Sports
Complex. This section is not violated if, prior to exiting the vehicle, the handgun is locked inside
a glove box, locked inside the trunk, a locked compartment of vehicle, a storage box which is
locked and attached to a vehicle, or if the vehicle is a motorcycle, other than an autocycle, the
handgun is locked inside of the hardened compartment securely attached to the motorcycle. This
exception does not apply to any parking area used by such location in which the carrying of a
handgun is prohibited by federal law. Furthermore, this section is not violated if the person meets
the exceptions contained in Section 6-317 of the Blair City Code. This section shall not apply to a
permitholder authorized to carry a concealed weapon, so long as Nebraska statutes allows for the
carrying of a concealed weapon at the location as defined by Neb. Rev. Stat. §69-2441 and that
the permitholder complies with the provisions of Neb. Rev. Stat. §69-2441. It shall be an
26
affirmative defense to this section that at the time he or she was carrying the handgun, there existed
circumstances at that time in which such person was placed at the time were such as to justify a
prudent person in carrying the handgun for the defense of his or her person, property, or family.
(Amended by Ordinance 2100 01/23/2007; Ordinance 2377 03/12/2019)
Sec. 6-316.01 MISDEMEANORS; FIREARMS, POSSESSION BY PERSONS UNDER
TWENTY-ONE (21) PROHIBITED.
It shall be unlawful for any person who has not reached
the age of twenty-one (21) to possess a concealable firearm, hand gun, pistol, or revolver. The
provisions of this section shall not apply to members of the Armed Forces of the United States,
active or reserve, National Guard of the state or Reserve Officer Training Corp when on duty or
training or to the temporary loan of pistols, revolvers, or any other form of concealable firearms
for instruction under the immediate supervision of a parent or guardian or adult instructor. Any
person found guilty under this section shall be deemed to be guilty of Class IV misdemeanor.
Sec. 6-317 MISDEMEANORS; FIREARMS, POSSESSION, EXCEPTIONS.
The provisions
of Section 6-315 and Section 6-316 shall not be construed to prevent carrying unloaded rifles in
parades or using rifles in ceremonials, or to prevent possession of rifles or shotguns at shows or
exhibits, or for other lawful use, purpose or activity, including but not limited to skeet and trap
shooting, target shooting at rifle range, hunter safety instruction conducted by qualified instructors,
when such do not endanger public safety or are detrimental to public welfare, provided the prior
approval of the Chief of Police of the City of Blair shall have been obtained for such use, purpose
or activity. (Ord. No. 1107, 1/22/74)
Sec. 6-318 MISDEMEANORS; SLINGSHOTS.
It shall be unlawful for any person to discharge
a slingshot or the like loaded with rock or to shoot or discharge a bow and arrow, compound bow,
cross bow or the like or other dangerous missiles at any time or under any circumstances within
the Municipality. Class V. (Neb. Rev. Stat. §16-227) (Penalties refer to Sections 6-401 and 6-
402). (Amended by Ordinance 2140 06/10/2008)
Sec. 6-319 MISDEMEANORS; DEFINITION OF TERMS AS APPLIED TO PROVISIONS
CONCERNING TREES.
For the purposes of Sections 6-319.01 through 6-319.09 inclusive the
following definitions apply:
1. Street trees are herein defined as trees, shrubs, bushes, and all other woody
vegetation on Municipal right-of-ways, on all streets, avenues, boulevards, alleys, or
other transportation ways within the Municipality.
2. Park trees are herein defined as trees, shrubs, bushes and all other woody vegetation
in public parks and all other public lands owned by the Municipality.
3. Small trees are defined as Crab Apple (small or no fruit only), Golden Rain Tree,
Hawthorne (by special permission only), Hop Hornbean, Japanese Tree Lilac, Maple
as follows: Amur Maple, Compectre or Hedge Maple, Tartarian Maple, Callery Pear
in variety, and Redbud.
27
4. Medium trees are defined as Amur Cork Tree, Birch as follows: Monarch Birch,
Canoe birch, River Birch; Buckeye as follows: Ohio or Yellow; Ginkgo, Linden as
follows: Littleleaf and Edmond; Oak as follows: Bur, English, Sawtooth, Shingle,
Swamp White, Pagoda Tree, Yellow Wood.
5. Large trees are defined as Hackberry, Honeylocust (thornless and padles only), Horse
Chestnut, Kentucky CoffeeTree, Maple as follows: Black and Sugar; Oak as follows:
Black, Red, Scarlet, White. (Amended by Ordinance 1338 12/14/82) (Amended by
Ordinance 2139 04/08/2008)
Sec. 6-319.01 MISDEMEANOR; PLANTING OF TREES.
It shall be unlawful for any person,
firm, City Department, or other entity to plant any species of street trees in violation of Section 8-
108.1. (Penalties refer to Sections 6-401 through 6-403 or Addendum to Code Violations Bureau
Fee Schedule). (Amended by Ordinance 1338 12/14/1982) (Amended by Ordinance 2139
04/08/2008)(Amended by Ordinance 2140 06/10/2008)
Sec. 6-319.02 MISDEMEANORS; SPACING OF STREET TREES.
It shall be unlawful for
any person, firm, corporation, City Department, or any other entity to plant street trees with a
minimum distance between small trees less than thirty (30’) feet, a minimum distance between
medium trees less than forty (40’) feet, and a minimum distance between large trees of fifty (50’)
feet unless otherwise approved prior to the planting by written permission of the City Forester.
(Penalties refer to Sections 6-401 through 6-403 or Addendum to Code Violations Bureau Fee
Schedule). (Amended by Ordinance 1338 12/14/82) (Amended by Ordinance 2140 06/10/2008)
Sec. 6-319.03 MISDEMEANORS; PLANTING DISTANCE FROM CURB AND
SIDEWALK OF PARK AND STREET TREES.
It shall be unlawful for any person, firm,
corporation, City Department, or any other entity to plant street trees or park trees less in violation
of Section 8-108.1 (Penalties refer to Sections 6-401 through 6-403 or Addendum to Code
Violations Bureau Fee Schedule). (Amended by Ordinance 1338 12/14/82) (Amended by
Ordinance 2139 04/08/2008) (Amended by Ordinance 2140 06/10/2008)
Sec. 6-319.04 MISDEMEANORS; PLANTING DISTANCE FROM STREET CORNERS
AND FIRE PLUGS OF STREET AND PARK TREES.
It shall be unlawful for any person,
firm, corporation, City Department, or other entity to plant any street or park tree less than
thirty-five (35') feet from any street corner, measured from the point of the nearest intersecting
curbs or curblines. It shall further be unlawful for any person, firm, corporation, City Department,
or other entity to plant any street or park tree less than fifteen (15') feet from any fire hydrant.
(Penalties refer to Sections 6-401 through 6-403 or Addendum to Code Violations Bureau Fee
Schedule). (Ord. No. 1338, 12/14/82) (Amended by Ordinance 2140 06/10/2008)
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Sec. 6-319.05 MISDEMEANORS; TREE TOPPING.
It shall be unlawful for any person, firm,
corporation, City Department, or other entity to top any street tree, park tree, or any other tree on
public property. Topping is hereby defined as the severe cutting back of limbs to stubs larger than
three (3") inches in diameter within the tree's crown. Trees severely damaged by storms or other
causes, or certain trees under utility wires or other obstructions where other pruning practices are
impractical may be exempted from this Section at the determination of the City Forester subject
to the rules and regulations of the Department of Utilities governing the pruning and trimming of
trees interfering with utility lines (Penalties refer to Sections 6-401 through 6-403 or Addendum
to Code Violations Bureau Fee Schedule) (Ord. No. 1338, 12/14/82) (Amended by Ordinance
2140 06/10/2008)
Sec. 6-319.06 MISDEMEANORS; PRUNING AND CORNER CLEARANCE OF TREES.
It shall be the obligation and responsibility, and every owner of any tree overhanging any street or
right-of-way within the City shall prune the branches so that such branches shall not obstruct the
light from any street lamp or obstruct the view of any street intersection and so that there shall be
a clear space of eight (8') feet above the surface of the street or sidewalk. Said owner shall remove
all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the
safety of the public. The City shall have the right to prune any tree or shrub on private property
when it interferes with the proper spread of light from a street light along the street or interferes
with the visibility of any traffic control device or sign. (Ord. No. 1338, 12/14/82)
Sec. 6-319.07 MISDEMEANORS; REMOVAL OF STUMPS.
Any person, firm, corporation,
or other entity removing any street or park trees shall remove the stumps from said trees below the
surface of the ground so that the top of said stump shall not project above the surface of the ground.
(Ord. No. 1338, 12/14/82)
Sec. 6-319.08 MISDEMEANORS; INTERFERENCE WITH PARK AND RECREATION
ADVISORY BOARD OF CITY FORESTER.
It shall be unlawful for any person, firm,
corporation, or other entity to prevent, delay or interfere with the City Forester, Park Advisory
Board, and Recreation Advisory Board, or any of their agents, while engaging in and about the
planting, cultivating, mulching, pruning, spraying, or removal of any street trees, park trees, or
trees on private grounds as authorized by the Municipal Code. (Ord. No. 1338, 12/14/82)
Sec. 6-319.09 MISDEMEANORS; INJURY TO TREES.
It shall be unlawful for any person
to purposely or carelessly, and without lawful authority, cut down, carry away, injure, break down,
or destroy any fruit, ornamental, shade or other tree or trees standing or growing on any land
belonging to another person or persons or on any public land in the corporate limits. Any public
service company desiring to trim or cut down any tree, except on property owned and controlled
by them, shall make an application to the City Forester to do so, and the written permit of the City
Forester in accordance with their decision to allow such an action shall constitute the only lawful
29
authority on the part of the company to do so. (Penalties refer to Sections 6-401 and 6-402). (Ord.
No. 1338, 12/14/82) (Amended by Ordinance 2140 06/10/2008)
SECTION 6-319.10 Reserved for Future Use
Sec. 6-320 MISDEMEANORS; LITTERING.
Any person who deposits, throws, discards, or
otherwise disposes of any litter on any public or private property, or in any waters, commits the
offense of littering unless:
A.Such property is an area designated by law for the disposal of such material and such
person is authorized by the proper public authority to so use such property; or
B.The litter is placed in a receptacle or container installed on such property for such
purpose.
The term litter as used in this Section means all rubbish, refuse, waste material, garbage,
trash, debris or other foreign substances, solid or liquid, of every form, size, kind and description,
but does not include the waste or primary process of farming or manufacturing.
Whenever litter is thrown, deposited, dropped or dumped from any motor vehicle or water craft in
violation of this Section, the operator of such motor vehicle or water craft commits the offense of
littering. Littering is a Class V misdemeanor. (Neb. Rev. Stat. §16-230, 28-523) (Penalties refer
to Sections 6-401 through 6-403 or Addendum to Code Violations Bureau Fee Schedule).
(Amended by Ordinance 2140 06/10/2008)
Sec. 6-320.01 MISDEMEANORS: LITTERING; SOLICITATION ON PRIVATE
PREMISES.
It shall be unlawful for any person, association, firm or corporation to throw,
deposit, or distribute any commercial solicitation in or upon private premises, except by handing
or transmitting any such handbill or solicitation material directly to the owner or other person
present upon such premises or with the request of the owner or occupant of the premises.
(Penalties refer to Sections 6-402 through 6-403 or Addendum to the Code Violations Bureau Fee
Schedule). (Amended Ordinance 2209 10/25/2011)
Sec. 6-321 MISDEMEANORS; POSTING.
It shall be unlawful for any person, firm or
corporation to use the streets, sidewalks or public grounds of the Municipality for signs, signposts,
the posting of handbills or advertisements, without written permission of the Governing Body.
Class V misdemeanor. (Neb. Rev. Stat. §16-210) (Penalties refer to Sections 6-401 through 6-
403 or Addendum to Code Violations Bureau Fee Schedule). (Amended by Ordinance 2140
06/10/2008)
Sec. 6-322 MISDEMEANORS; NOTICES OFFICIAL, UNLAWFUL ACTS.
It shall be
unlawful for any person to interfere with, obstruct, mutilate, conceal or tear down any office notice
or proclamation of the City or any of its officers during the time such notice or proclamation is in
effect upon direction of the Mayor or the officer giving such notice or proclamation. (Penalties
30
refer to Sections 6-401 through 6-403 or Addendum to Code Violations Bureau Fee Schedule).
(Amended by Ordinance 2140 06/10/2008)
Sec. 6-323 MISDEMEANORS; DISORDERLY CONDUCT.
It shall be unlawful for any
person to engage in conduct or behavior which disturb the peace and good order of the
Municipality by clamor or noise, intoxication, drunkenness, fighting, using of obscene or profane
language in the
streets or other public places, or is otherwise indecent or disorderly conduct or lewd or lascivious
behavior. Class III misdemeanor. (Neb. Rev. Stat. §16-227, 16-228)
Sec. 6-324 MISDEMEANORS; UNLAWFUL ASSEMBLY, DEFINED; VIOLATIONS;
PENALTY.
A person is guilty of unlawful assembly if he or she assembles with two (2) or more
persons for the purpose of engaging in conduct constituting the crime of riot or if, being present at
an assembly that either has or develops such a purpose, he or she remains there with an intent to
advance that purpose. Any person convicted of unlawful assembly shall be punished as provided
in Article 4 of this Chapter.
Sec. 6-325 MISDEMEANORS; WINDOW PEEPING.
It shall be unlawful for any person to
go upon the private premise of another to look or peep into any window, door, or other opening in
a building occupied by any other person. (Penalties refer to Sections 6-401and 6-402). (Amended
by Ordinance 2140 06/10/2008)
Sec. 6-326 MISDEMEANORS; OBSTRUCTION OF PUBLIC WAYS.
It shall be unlawful
for any person to erect, maintain or suffer to remain on any street or public sidewalk a stand,
wagon, display or other obstruction inconvenient to, or inconsistent with, the public use of the
same. Class V misdemeanor. (Neb. Rev. Stat. §16-207, 16-227, 39-301, 39-303) (Penalties refer
to Sections 6-401 through 6-403 or Addendum to Code Violations Bureau Fee Schedule).
(Amended by Ordinance 2140 06/10/2008)
Sec 6-326.01 SNOW EMERGENCY DESIGNATION.
When predictions or occurrences
indicate the need, the Mayor or his/her designated representative may determine that it is necessary
for the City to cause snow and/or ice to be cleared from the public streets, avenues, alleys, or other
public places due to the accumulation thereon causing hindrance to traffic and constituting an
emergency requiring the same to be cleared, the Mayor or his\\her designated representative may,
in the interest of public safety, declare a snow emergency and the enforcement of emergency snow
parking regulations, set forth in Sec. 6-326.01 through 326.03. When the Mayor or his/her
designated representative issues a snow emergency appropriate public media shall be notified. In
addition, such declaration shall be posted on the City website and cable T.V. channel as soon as
practical. (Amended by Ordinance 2009 09/28/2004; Ordinance 2140 06/10/2008; Ordinance 2181
03/09/2010)
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Sec. 6-326.02 PARKING DURING SNOW EMERGENCY.
No person shall park, abandon or
leave unattended any vehicle on any public street, alley, or City owned street or street parking area
during any snow emergency proclaimed in Sec. 6-326.01 unless the snow has been cleared from
said street, alley or parking area and the snow has ceased to fall for a minimum period of eight (8)
hours. A snow emergency parking ban shall continue from its declaration throughout the duration
of the snow or ice storm and the forty-eight (48) hour period after cessation of such storm except
as provided above for streets which have been fully cleared. Any vehicle left parked in violation
of this section may be removed by the Chief of Police or his designee and towed to the City
impound lot. If such unlawfully parked vehicle is not removed and by reason of its presence any
part of the streets of the city are unable to be cleared, the owner of the vehicle will be in violation
of this section and subject to a fine and may be liable to the City for any added clearing expenses
necessarily incurred as a result of such unlawful parking. (Penalties refer to Sections 6-401 through
6-403 or Addendum to Code Violations Bureau Fee Schedule.)
Sec. 6-326.03 SNOW EMERGENCY PARKING (WHERE APPLICABLE).
All City streets,
avenues, thoroughfares (State and Federal Highways), alleys or other public places shall be
covered by a snow emergency issued pursuant to Sections 6-326.01 and 6-326.02 except the
following area and conditions set forth as follows: That between October 15 and March 31 of each
year there shall be no parking from the hours of 2:00 o’clock A.M. to 5:00 o’clock A.M. on both
th
sides of the streets as follows: Washington Street from its intersection with Thirteenth (13) Street
th
to its intersection with Nineteenth (19) Street; Lincoln Street from its intersection with Fifteenth
thth
(15) Street to its intersection with Seventeenth (17) Street; Front Street from its intersection with
ththth
Fifteenth (15) to its intersection with Eighteenth (18) Street; Fifteenth (15) Street from its
intersection with Lincoln Street to its intersection with the alley between Washington Street and
th
Front Street; Sixteenth (16) Street from its intersection with Grant Street to intersection with the
Union Pacific Railroad (Formerly known as the Chicago and North Western Railroad) right of
th
way; Seventeenth (17) Street from its intersection with Lincoln Street to its intersection with
th
Front Street; and Eighteenth (18) Street from its intersection with Lincoln Street to its intersection
with Front Street.
(NOTE: See Resolution 1992-7 adopted January 28, 1992 for additional reference)
Sec. 6-326.04 SNOW REMOVAL FROM PRIVATE PROPERTY.
It shall be unlawful for
any person or business within the limits of the City of Blair, Nebraska to remove or cause to be
removed snow from any business lot, parking lot, or other private premises, including but not
limited to sidewalks and driveways, which is pushed or otherwise deposited onto the streets, street
parking areas, or alleys of said City, except for the sidewalks abutting Washington Street from
ththth
Nineteenth (19) Street to Fifteenth (15) Street; Sixteenth (16) Street from Lincoln Street to the
th
Union Pacific Railroad right of way; and Seventeenth (17) Street from Lincoln Street to Front
32
Street. (Penalties refer to Sections 6-401 through 6-403 or Addendum to Code Violations Bureau
Fee Schedule.)
Sec. 6-326.05 CLEANING OF SIDEWALKS
. It shall be unlawful for the adult occupant or
occupants of any improved lot or tract of ground or the owner or owners of any unimproved tract
of ground in the City to permit snow, sleet, mud or ice to accumulate and remain on the sidewalk
along and adjacent to such lot or tract of ground for a period of more than five (5) hours after
cessation of the storm causing the same, except in the case of cessation after the hour of nine (9:00)
o'clock P.M. in which case such person shall be permitted until ten (10:00) o'clock A.M., of the
following day in which to remove such substances. In case snow, sleet, mud or ice is not removed
within twelve (12) hours following the deposit of same on the sidewalk along and adjacent to any
lot or tract of ground within the City, the City Administrator may cause same to be removed and
the cost of removal of same shall immediately become due and payable, jointly and severally, from
the owners and adult occupants of such tract of ground. (Neb. Rev. Stat. §16-663) (Penalties refer
to Sections 6-401 through 6-403 or Addendum to Code Violations Bureau Fee Schedule).
(Amended by Ordinance 2307 05/24/2016)
Sec. 6-327 MISDEMEANORS; CURFEW.
It shall be unlawful for any minor under the age of
sixteen (l6) years to be or remain in or upon any of the streets, alleys or other places in the City at
night after the hour of twelve (12:00) o'clock A.M., unless accompanied by a parent, guardian or
other person having the legal custody of such minor person, or is going to or from some meeting
or assemblage of lawful character, or is in the performance of an errand or duty directed by a
parent, guardian or other person having the legal custody of such minor person, or whose
employment makes it necessary to be upon the streets, alleys, or public places during the night-time
after such specified hours. It shall be unlawful for the parents, guardians or other adult persons
having the care and custody of a minor child under the age of sixteen (16) years to allow or permit
said minor to be or remain in or upon any of the streets, alleys or public places in the City at night
after the hour of twelve (12:00) o'clock A.M. unless such person is accompanied by a parent,
guardian or other person having the legal custody of such minor person or is going to or from some
meeting or assemblage of lawful character or is in the performance of an errand or duty directed
by a parent, guardian or other person having the legal custody of such minor person or whose
employment makes it necessary to be upon the streets, alleys or public places during the night time
after such specified hours. A conviction for violation of this section shall result in a fine for the
first offense in any one calendar year of the sum of twenty-five dollars ($25.00), for the second
offense in any one calendar year the sum of fifty dollars ($50.00), and for the third and subsequent
offenses in any one calendar year the sum of one hundred dollars ($100.00). (Ord. No. 1113,
4/23/75)
Sec. 6-328 MISDEMEANORS; LOITERING AND VAGRANTS.
It shall be unlawful for
any person to loiter on the streets, in the park, on the sidewalk, or on any other public ways and
33
property at unreasonable hours, and those persons who are unable to give a good and satisfactory
reason why they should be there, including all vagrants and persons found without means of
support or some legitimate business, shall be deemed to be guilty of loitering. (Neb. Rev. Stat.
§16-229) (Penalties refer to Sections 6-401 through 6-403 or Addendum to Code Violations
Bureau Fee Schedule). (Amended by Ordinance 2140 06/10/2008)
Sec. 6-329 MISDEMEANORS; MISREPRESENTATION BY MINOR.
It shall be unlawful
for any minor, as defined by Section 53-103 RS Neb., to obtain or attempt to obtain, alcoholic
liquor by misrepresentation of age, or by any other method, in any tavern or other place where
alcoholic liquor is sold. Class III misdemeanor. (Neb. Rev. Stat. §53-168.06, 53-180.01,
53-180.05)
Sec. 6-330 MISDEMEANORS; MINOR; ALCOHOLIC LIQUOR; SELLING OR
DISPENSING; POSSESSION; UNLAWFUL; VIOLATION.
No minor as defined by Section
53-103 R.S. Neb. may sell or dispense or have in his or her possession or physical control any
alcoholic liquor in any tavern or in any other place including public streets, alleys, roads, highways,
upon property owned by the State of Nebraska or any owned by the Municipality thereof, or inside
any vehicle or while in any other place including, but not limited to, the public streets, alleys,
roads, highways, or upon any property owned by the Municipality, except that a minor may possess
or have physical control of any alcoholic liquor as allowed by Section 53-168.06 R.S. Neb. in his
or her permanent place of residence. Class III misdemeanor. (Neb. Rev. Stat. §53-168.06, 53-103,
53-180.02, 53-180.05) (Amended by Ord. No. 1318, 1/12/82)
Sec. 6-331 MISDEMEANORS; DRINKING IN PUBLIC.
It shall be unlawful for any person
to consume alcoholic beverages in the public streets, alleys, roads, highways, or upon any property
owned by the Municipality or other governmental subdivision thereof, or inside vehicles while
upon the public streets, alleys, roads, or highways, in theatres, dance halls, or any other place open
to the public; Provided, the provisions of this Section shall not apply to liquor establishments
licensed by the State of Nebraska.
Notwithstanding any other provisions hereof the governing body of the Municipality may
allow by resolution the sale and consumption of alcoholic beverages on (check ordinance) only in
such cases as the sale of such alcoholic beverages is by the Blair Volunteer Fire Department. Such
authorization shall be limited to no more than six (6) one day events in any one calendar year.
Class II or IV misdemeanor. (Neb. Rev. Stat. §53-186, 53-1,100)
Sec. 6-332 MISDEMEANORS; AERIAL TRAFFIC.
It shall be unlawful for any person to
operate any airplane, balloon or other aircraft used for air travel in a dangerous manner to persons
or property within the Municipality or to operate any airplane at an altitude of less than five
hundred (500') feet, exclusive of takeoff or landing, or to drop handbills or other objects therefrom,
34
or to operate the same while under the influence of alcohol or drugs, while flying over any part of
the Municipality.
Sec. 6-333 MISDEMEANORS; JUNK VEHICLES.
It shall be unlawful for any property
owner or lessee to allow an accumulation of dismantled, abandoned, inoperable, wrecked,
unlicensed or unregistered motor vehicles or recreational equipment of any kind including, but not
limited to, motorcycles, all-terrain vehicles, automobiles, trucks, boats and trailers which are in
violation of Chapter 60, Article 3 R.R.S. Nebraska (as amended from time to time).
The City Administrator, the Chief of Police, or their designated agent, shall have the power
to investigate all complaints of violations of this Section and if they find that such property owner
or lessee has allowed such accumulation, they shall cause the property owner or lessee to be served
with written notice directing them to remove the accumulation within five (5) days of the receipt
of said notice.
Any person failing to remove said accumulation within five (5) days after receiving notice
to do so, shall be deemed guilty of a misdemeanor and a conviction for violation of this section
shall result in a fine as indicated in Sections 6-401 through 6-404, and the Court, as part of the
judgment, shall order the owner to remove the accumulation. Each day an accumulation is
permitted to exist shall be deemed a separate violation hereunder. In addition, an authorized agent
of the Municipality may cause said accumulation to be removed at the expense of the owner or
lessee, from the land whereon said accumulation exist and the cost of such removal shall be levied,
equalized, and assessed as are other special assessments. (Ord. No. 1280, 5/14/80) (Penalties refer
to Sections 6-401 and 6-402). (Amended by Ordinance 2140 06/10/2008)(Amended by Ordinance
2307 05/24/2016)
Sec. 6-334 MISDEMEANORS; METER TAMPERING.
It shall be unlawful for any person
to tamper with, alter, destroy or modify or to do any other act or cause any other act to be done
which alters or prohibits the accurate metering and registering of water as supplied by the City of
Blair to its customers. Said tampering shall also specifically include but not be limited to breaking
of any seals on the metering device and adjusting or removing cams. Notwithstanding the
provisions of Section 6-401, any person guilty of any unlawful acts as provided for by this Section
shall be punished by a fine as indicated in Sections 6-401 through 6-404, and the court as part of
the judgment may order said person to make reasonable restitution to the City of Blair for any
water used but not registered by said metering device as a result of the unlawful acts of said person.
(Ord. No. 1287, 8/26/80) (Penalties refer to Sections 6-401 and 6-402). (Amended by Ordinance
2140 06/10/2008)
Sec. 6-335 MISDEMEANORS; CABLE TELEVISION, THEFT OF SERVICE.
It shall be
unlawful for any person to make any unauthorized connection, whether physically, electrically,
acoustically, inductively, or otherwise, with any part of a franchise Cable Television system within
35
this City for the purpose of enabling said person or others to receive any television signal, radio
signal, picture, program or sound, without payment to the owner of said system.
It shall be unlawful for any person, without consent of the owner, to willfully temper with,
remove or injure any cables, wires or equipment used for distribution of television signals, radio
signals, pictures, programs or sound. Class II misdemeanor. (Neb. Rev. Stat. §28-515)
Sec. 6-336 MISDEMEANORS; BINGO GAMES, LOTTERIES, OPERATION AND
PARTICIPATION.
It shall be unlawful for any person, persons, entity, corporation, partnership,
or any other entity to play, conduct, sponsor, promote, create, establish, or in any other way
participate in any Bingo games or lotteries by the sale of pickle cards which are not specifically
allowed by the Nebraska Bingo Pickle Card Regulatory Act, Section 9-124 et. seq. R.R.S. Neb. or
any other lotteries including but not limited to ticket lotteries or video lotteries.
It shall be unlawful for any person, persons, entity, corporation, partnership or any other
entity to possess, transport, use, lease, or in any other way access any paraphernalia, equipment,
machinery, device, game, or any other apparatus specifically including but not limited to video
lottery machines, which either its intended function or a potential function is the operation or the
conduct of a lottery as prohibited herein.
Notwithstanding any other provisions hereof any nonprofit organization which holds a
certificate of exemption under the Internal Revenue Code, Sec. 501, or whose major activities,
exclusive of conducting lotteries, raffles, or gift enterprises, are conducted for charitable and
community betterment purposes, may conduct lotteries, raffles, and gift enterprises, subject to
Section 9-510 R.R.S. Neb. (1983 Supp.) except that no such lotteries, raffles or gift enterprises,
shall be conducted by any machine, device, or paraphernalia, known as a video lottery and such
lotteries, raffles, or gift enterprises, shall be conducted solely and strictly by the use of tickets and
which are not issued, supplied, or provided by and or through a video lottery machine.
Nothing in this section shall be construed as to prohibit bingo games or lotteries by the sale
of pickle tickets as specifically defined in and as regulated and governed by the Nebraska Bingo
and Pickle Card Regulatory Act as set forth in Section 9-202 at Sec. RRS Neb.
Any person, persons, corporation, partnership or other entity conducting bingo or a lottery
by the sale of pickle cards within the municipality shall prior to the establishment of such bingo or
lottery within the municipal limits file with and present evidence to the City Clerk of their licensing
with the Nebraska Bingo and Pickle Card Regulatory Commission and its compliance with the
Nebraska Bingo and Pickle Card Regulatory Act.
Sec. 6-337 DRUGS, CONTROLLED SUBSTANCES, PARAPHERNALIA.
It shall be
unlawful for any person to be under the influence of any controlled substance for a purpose other
than the treatment of a sickness or injury as prescribed or administered by a person duly authorized
by law to treat sick and injured human beings. It shall not be necessary to prove that the accused
was under the influence of any specific controlled substance, but it shall be sufficient for conviction
under this section to prove that the accused was under the influence of some controlled substance
36
by proving that the accused did manifest physiological symptoms or reactions caused by the use
of any controlled substance. Violation of this section shall be a Class II misdemeanor.
It shall be unlawful for any person to breathe, inhale, or drink, or to induce or entice any
other person to breathe, inhale, or drink any compound, liquid, or chemical containing acetate,
acetane, benzene, butyl alcohol, cyclohexanone, ethyl acetate, ethyl alcohol, ethylene dichloride,
ethylene trichloride, hexane, isopropanol, isopropyl alcohol, methyl alcohol, methyl cellosolve
acetate, methyl ethyl ketone, methyl isobutyl ketone, pentachloropehnol, petroleum ether, toluene,
toluol, trichlorathane, trichloroethene, or any other substance for the purpose of inducing a
condition of intoxication, stupification, depression, giddiness, paralysis, inebriation, excitement,
or irrational behavior or in any manner changing, distorting or disturbing the auditory, visual,
mental, or nervous process. Violation of this section shall be a Class III misdemeanor.
It shall be unlawful for any person to give, sell, or dispense to any other person any item
to which has been added any deleterious substance which, if ingested, would cause injury, physical
distress, or mental aberration. Upon conviction a person shall be guilty of a Class II misdemeanor.
It shall be unlawful for any person to knowingly or intentionally manufacture, distribute,
deliver, or possess with the intent to distribute or deliver an imitation controlled substance. In
determining whether a substance is an imitation controlled substance, the Court or other authority
concerned shall consider all relevant factors including but not limited to the following:
(a) whether the substance is represented as having an affect similar to or the same as an
illicit controlled substance,
(b) whether the substance is represented by way of terminology which is deceptively
similar to or the same as that describing a particular controlled substance,
(c) whether the dosage unit price substantially exceeds the reasonable price of a
similar dosage unit of a like chemical composition sold over the counter with
packaging and labeling provided by the Federal Food and Drug Administration,
(d) whether the substance is packaged in a manner and quantity similar to or the same as
that commonly used for illicit controlled substances,
(e) whether the dosage unit appearance of the substance is deceptively similar to that of a
particular controlled substance, and
(f) whether the substance is distributed to persons who represent it as a controlled
substance under circumstances which indicate the distributors knows, intends, or
should know that his or her distributee is making or will make such representations.
Upon a first conviction a person shall be guilty of a Class III misdemeanor. Upon a
second conviction and all subsequent convictions a person shall be guilty of a Class II
misdemeanor.
1.It shall be unlawful for any person to knowingly or intentionally possess marijuana
weighing more than one ounce but not more than one pound. Upon conviction a
person shall be guilty of a Class III (a) misdemeanor.
2. It shall be unlawful for any person knowingly or intentionally to possess marijuana
weighing one ounce or less. Upon the first conviction a person shall be guilty of an
infraction, receive a citation, be fined $100.00, and may be assigned to attend a course
37
relating to the affects of the misuse of drugs. Upon a second conviction under this
section, the person shall be guilty of a Class IV misdemeanor, receive a citation, be
fined $200.00, and may be imprisoned not to exceed five (5) days. Upon the third
conviction under this section and for all subsequent convictions, a person shall be
guilty of a Class III(a) misdemeanor, receive a citation, be fined $300.00, and be
imprisoned not to exceed seven (7) days.
(A) As used in this ordinance, drug paraphernalia shall mean all equipment, products, and
materials of any kind which are used, intended for use, or designed for use in
manufacturing, injecting, ingesting, inhaling, or otherwise introducing into the human
body a controlled substance in violation of any city ordinance or state or federal law.
It shall include but not be limited to the following:
(1) diluants and adulterants such as quinine hydrochloride, manitol, manite,
dextrose, and lactose used, intended for use, or designed for use in cutting
controlled substances;
(2) separation gins and sifters used, intended for use, or designed for use in
removing twigs and seeds from, or in otherwise cleaning or refining
marijuana,
(3) hypodermic syringes, needles, or other objects used, intended for use, or
designed for use in permentarily injecting controlled substances into the
human body; and
(4) objects used, intended for use, or designed for use in ingesting, inhaling, or
otherwise introducing marijuana, cocaine, hashish, or hashish oil into the
human body which shall include but not be limited to the following:
(a) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes, with
or without screens, permanent screens, hashish heads, or punctured
metal bowls,
(b) water pipes,
(c) carburation tubes and devices,
(d) smoking and carburation mats,
(e) roach clips, meaning objects used to hold burning material such as
a marijuana cigarette which has become too small or too short to be
held in a hand,
(f) miniature cocaine spoons and cocaine vials,
(g) chamber pipes,
(h) carburetor pipes,
(i) electric pipes,
(j) air driven pipes,
(k) chillums,
(l) bongs, and
(m) ice pipes or chillers.
38
(B) In determining whether an object is drug paraphernalia a Court or other authority shall
consider, in addition to all other logical relevant factors the following:
(1) Statements by an owner or anyone in control of the object concerning its
use,
(2) prior convictions, if any, of an owner or anyone in control of the object
under any city ordinance or state or federal law relating to a controlled
substance,
(3) the proximity of the object, in time and space, to a direct violation of a city
ordinance or state or federal law,
(4) the proximity of the object to any controlled substance,
(5) the existence of any residue of a controlled substance on the object,
(6) direct or circumstantial evidence of the intent of an owner or of anyone in
control of the object to deliver it to any person to whom he or she knows
or should reasonably know intends to use the object to facilitate a violation
of a city, state, or federal law,
(7) instructions, oral or written, provided with the object concerning its use,
(8) descriptive materials accompanying the object which explain or depict its
use,
(9) national and local advertising concerning its use,
(10) the manner in which the object was displayed for sale,
(11) whether the owner, or anyone in control of the object is a legitimate supplier
of like or related items to the community, such as a licensed distributor or
dealer of tobacco products,
(12) direct or circumstantial evidence of the ratio of sales of the object to the
total sales of the business enterprise,
(13) the existence and scope of any legitimate use of the object in the
community, and
(14) expert testimony concerning its use.
(C) It shall be unlawful for any person to use, or to possess with the intent to use, drug
paraphernalia to manufacture, inject, ingest, inhale, or otherwise introduce into the
human body a controlled substance. Any person who violates this section shall be
guilty of an infraction.
Sec. 6-338 NOISE, MOTOR VEHICLE LIMITS, SOUND REPRODUCTION DEVICES.
(A) It is found and declared that the making, creation or maintenance of such loud,
unnecessary, unnatural or unusual noises which are prolonged, unusual and unnatural
in their time, place and use, effect and are a detriment to the public health, comfort,
convenience, safety, welfare and the peace and quiet of the City.
(B) It shall be unlawful for any person to disturb the peace and quiet of any other person
by loud noise, music, or language, by fighting or threatening to fight, or by any other
offensive action. It shall be unlawful for any person in legal possession or charge of a
39
residence or other private property to permit, or by inaction allow other persons on the
premises to disturb the peace jointly or severally by loud noise, music or language.
(C) The following acts, among others, are declared to be loud, disturbing and unnecessary
noises in violation of this provision, but such enumeration shall not be deemed to be
exclusive, namely:
(1)Horns; Signaling Devices. The sounding of any horn or signaling
device on any automobile, motorcycle, street car or other vehicle on any
street or public place of the City, except as a danger warning, the
creation by means of any such signaling device of any unreasonably
loud or harsh tone and the sounding of any such device for an
unnecessary and unreasonable period of time; the use of any signaling
device, except one operated by hand or electricity, the use of any horn,
whistle or other device operated by engine exhaust and the use of any
signaling device when traffic is for any reason held up;
(2)Radios; stereos; phonographs, etc. The using, operating or permitting
to be played, used or operated any radio, receiving set, musical
instrument, phonograph, tape player, compact disc player, stereophonic
sound system or similar device which reproduces or amplifies radio
broadcasts or musical recordings or other machines or devices for the
producing or reproducing of sound in any such manner as to disturb the
peace, quiet and comfort of the neighboring inhabitants or at any time
with louder volume than is necessary for convenient hearing for the
person or persons whom are in the room, vehicle or chamber in which
such machine or device is operated and who are voluntarily listeners
thereto. The operation of any such machine or device in such manner
as to be plainly audible at a distance of fifty feet (50’) from the building,
structure or
vehicle in which it is located shall be prima facie evidence of a violation
of this code;
(3)Loud-Speaker; Amplifiers for Advertising. The using, operating or
permitting to be played, used or operated of any radio receiving set,
musical instrument, phonograph, loud speaker, sound amplifier or other
machine or device for the producing or reproducing of sound which is
cast upon the public streets for the purpose of commercial advertising
or attracting the attention of the public to any building or structure;
(4)Yelling; Shouting. Yelling, shouting, hooting, whistling or singing on
the public streets or at any time or place so as to annoy or disturb the
quiet, comfort or repose of persons in any office or in any dwelling,
hotel or other type of residence or of any persons in the vicinity;
(5)Exhaust. The discharge into the open air of the exhaust of any steam
engine, stationary internal combustion engine, motor boat or motor
vehicle, except through a muffler or a other device which will
effectively prevent loud or explosive noises therefrom;
Provided, however, persons operating such machines or devices while participating in
licensed or permitted activities such as parades or carnivals shall not be deemed to be
in violation of this Section.
40
(D) Violation of this code section shall be deemed to be a Class V misdemeanor. Each
day any such violation or failure to perform such act shall continue shall constitute a
separate offense. (Penalties refer to Sections 6-401 through 6-403 or Addendum to
Code Violations Bureau Fee Schedule). (Amended by Ordinance 2140 06/10/2008)
Sec. 6-339 TOBACCO; USE BY MINORS; PENALTY.
Any person under the age of 18 years
who shall smoke cigarettes or cigars, or use tobacco in any form whatsoever, in the City of Blair,
Nebraska, shall be guilty of a Class V Misdemeanor. Any minor so charged with the violation of
this Section may be free from prosecution when such minor shall have furnished evidence for the
conviction of the person or persons selling or giving such minor the cigarettes, cigars or tobacco.
(Neb. Rev. Stat. §28-1418)
Sec. 6-340 MINOR MISREPRESENTING AGE TO OBTAIN TOBACCO; PENALTY.
Any
person under the age of 18 years who shall obtain cigarettes, cigars, tobacco, or tobacco material
from any person, partnership, limited liability company or corporation licensed by the State of
Nebraska as provided in Neb. Rev. Stat. §28-1421 and 28-1422, by representing that he/she is of
the age of 18 years or older, shall be guilty of a Class V Misdemeanor. (Neb. Rev. Stat. §28-1427)
Sec. 6-341 MINOR; UNLAWFUL POSSESSION OF TOBACCO; PENALTY.
Any person
under the age of 18 years who shall have in his or her possession or physical control any cigarettes,
cigars, tobacco material in any form whatsoever in the City of Blair, Nebraska, shall be guilty of
a Class V Misdemeanor. Any person so charged with the violation of this Section may be free
from prosecution when such minor shall have furnished evidence for the conviction of the person
or persons selling or giving such minor the cigarettes, cigars, tobacco, or tobacco material.
Sec. 6-342 PUBLIC URINATION: PENALTY.
A person nineteen (19) years of age or over
shall not urinate in a public place, including but not limited to a street, alley, or sidewalk, and
where the conduct may reasonably be expected to be viewed by members of the public. Violation
of this Section shall be a Class V Misdemeanor.
Article 4. Violations Bureau / Penal Provision
Sec. 6-401 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, unless specifically provided otherwise, 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
and/or jailed accordingly as well as any other penalty as provided for in the applicable ordinance.
(Amended by Ordinance 2140 06/10/2008; Ordinance 2247 6/25/2013)
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.
41
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.
Sec. 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, 6-111, 6-
112, 6-113, and Sections 6-319.01 through 6-319.05, inclusive, Sections 6-320, 6-320.01, 6-321, 6-322, 6-
326, 6-326.02, 6-326.04, 6-326.05, 6-328, 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 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 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; Ordinance 2341 10/24/2017)
Sec. 6-403 PENALTIES FOR VIOLATIONS BUREAU.
A violation of Sections 6-102, 6-103, 6-104,
6-106, 6-111, 6-112, 6-113, 6-132, Sections 6-319.01 through 6-319.05, inclusive, Sections 6-320, 6-
320.01, 6-321, 6-322, 6-326, 6-326.02, 6-326.04, 6-326.05, 6-328, 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). (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; Ordinance 2341 10/24/2017)
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.
42
PASSED AND APPROVED ON THE 28TH DAY OF JULY 2020.
CITY OF BLAIR, NEBRASKA
BY:
RICHARD HANSEN, MAYOR
ATTEST:
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 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
43
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