2164ORDINANCE NO. 2164
COUNCIL MEMBER WOLFF INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE AMENDING CHAPTER 4, ARTICLE 5 OF THE MUNICIPAL CODE OF
THE CITY OF BLAIR, NEBRASKA, BY ADDING SECTION 4- 501.02 AND BY
AMENDING SECTIONS 4 -602 AND 4 -603 AND THE ADDENDUM OF THE CODE
VIOLATIONS BUREAU FEE SCHEDULE, REPEALING ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS
ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF BLAIR,
NEBRASKA:
SECTION 1. Chapter 4, Article 5 of the Municipal Code of the City of Blair, Nebraska is
hereby amended by adding Section 4- 501.02 as follows:
Sec. 4- 501.02 LITTERING ON CITY PROPERTY. It shall be unlawful for any person to
litter, deposit, leave or permit any litter to be left, deposited or placed on any Blair City owned
property at any time whether or not the property is open to the public. (Penalties refer to
Sections 4 -601 through 4 -603 or Addendum to the Code Violations Bureau Fee Schedule).
SECTION 2. That Sections 4 -602 and 4 -603 of the Municipal Code of the City of Blair
is hereby amended as follows:
Sec 4 -602 VIOLATIONS BUREAU. A Violations Bureau for the City of Blair is hereby
created pursuant to Section 18 -1729 R.R.S. Neb. for the purpose of collecting penalties for
nuisance violations.
Any person accused of a violation as established by Sections 4 -302, 4 -501, 4- 501.01, 4-
501.02, 4 -502, 4- 502.01 and 4 -506 inclusive may within ten (10) days after the date of issuance
of the citation of the violation and before the appearance date thereon dispose of the citation by
appearing at the office of the City Clerk of the City of Blair and remitting full payment of the
penalty assessed for the specific violation.
Any person may plead not guilty to the citation and he or she may appear before the
County Court of Washington County, Nebraska, on the date and at the time specified on the
citation.
At the time of the commission of the alleged violation, the accused shall be served with
printed notice informing the accused of his or her options in disposing of the citation as noted
hereinbefore.
If the accused fails to appear at the office of the City Clerk of the City of Blair or before
the County Court of Washington County, Nebraska, on or before the date specified on the
citation, a warrant for his or her arrest shall be issued by the County Court of Washington
County, Nebraska.
Sec. 4 -603 NUISANCES, VIOLATION AND PENALTIES. It shall be unlawful for any
person to maintain, use, place, deposit, leave, permit, or create or in any other way allow a
nuisance as defined in Sections 4 302, 4 -501, 4- 501.01, 4- 501.02, 4 -502, 4- 502.01 and 4 -506
inclusive, and any person found in violation hereof shall be deemed guilty of a Class III
misdemeanor and shall be subject to for the first offense in any one calendar year the sum of one
hundred dollars ($100.00), for the second offense in any one calendar year the sum of one
hundred fifty dollars ($150.00), and for the third and subsequent offenses in any one calendar
year the sum of two hundred dollars ($200.00). Further, the penalty shall include the reasonable
costs of any cleanup expended by the Municipality. Each day a nuisance is permitted to exist
shall be deemed a separate violation hereunder. (Ref. Ord. No. 1574)
SECTION 3. The fee to be charged for the Violations Bureau shall be set and determined
from time to time as necessary by the Mayor and City Council, and said fees shall be appended
to the Municipal Code as part of an appendix titled "Addendum of Code Violations Bureau Fee
Schedule," and shall be on file at the office of the Municipal Clerk and available for public
inspection during regular office hours of the said Municipal Clerk and is hereby amended as
follows by adding Section 4- 501.02, to wit:
ATTEST:
rlitei e)
(SEAL)
BRENDA R. WHEELER, CITY CLERK
AMENDMENT TO THE ADDEDUM THE CODE
VIOLATION BUREAU FEE SCHEDULE
4- 501.02 Littering on City Property
1st Offense
2nd Offense
3rd Offense
SECTION 4. That all ordinances or part of ordinances in conflict herewith are hereby
repealed.
SECTION 5. That this ordinance shall be enforced and take effect from and after its
passage, approval and publication as provided by law.
Passed and approved this 12th day of May, 2009.
CITY OF BLAIR, NEBRASKA
J ME E. REALPH, MAYOR
$100.00
$150.00
$200.00
STATE OF NEBRASKA
COUNTY OF WASHINGTON
)
) SS
)
BRENDA R. 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
at a regular meeting of the Mayor and City Council of said City held on the 12th day of May,
2009.
BRENDA R. WHEELER, CITY-CLERK