2181ORDINANCE NO. 2181
COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE AMENDING CHAPTER 6, ARTICLE 3 OF THE MUNICIPAL CODE OF
THE CITY OF BLAIR, NEBRASKA, BY AMENDING SECTIONS 6- 326.01, 6 -402, 6 -403
ADDING SECTIONS 6- 326.02, 6- 326.03 6- 326.04, 6- 326.05, AND BY AMENDING
CHAPTER 8, ARTICLE 1, SECTION 8 -104, ARTICLE 5, SECTION 8 -510 AND ARTICLE 7,
SECTION 8 -702 AND 8 -703; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE
SHALL BE IN FULL FORCE AND EFFECT; AND PROVIDING FOR PUBLICATION OF
THIS ORDINANCE IN PAMPHLET FORM.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF BLAIR,
NEBRASKA:
SECTION 1. Chapter 6, Article 3 of the Municipal Code of the City of Blair, Nebraska is
hereby amended by amending Section 6- 326.01 as follows:
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.
SECTION 2. Chapter 6, Article 3 of the Municipal Code of the City of Blair, Nebraska is
hereby amended by adding Sections 6- 326.02, 6- 326.03, 6- 326.04 and 6- 326.05 as follows:
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 sides of the streets as follows: Washington Street from its intersection with Thirteenth
(13 Street to its intersection with Nineteenth (19 Street; Lincoln Street from its intersection
with Fifteenth (15 Street to its intersection with Seventeenth (17 Street; Front Street from its
intersection with 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 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 way; Seventeenth (17 Street from its intersection with Lincoln
Street to its intersection with Front Street; and Eighteenth (18 Street from its intersection with
Lincoln Street to its intersection with Front Street. (Ref. Resolution 1992 -7 adopted January 28,
1992)
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 Nineteenth (19 Street to Fifteenth (15 Street; Sixteenth 16 Street from Lincoln Street
to the Union Pacific Railroad right of way; and Seventeenth (17 Street from Lincoln Street to
Front 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 and may be collected
by civil suit brought by the City without necessity for formal demand for payment. (Ref. 16 -663
RS Neb.) (Penalties refer to Sections 6 -401 through 6 -403 or Addendum to Code Violations
Bureau Fee Schedule).
SECTION 3. Chapter 6, Article 4 of the Municipal Code of the City of Blair, Nebraska is
hereby amended by amending section 6 -402 and 6 -403 as follows:
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 -101, 6 -103, 6 -106, 6 -108,
through 6 -113, inclusive, Sections 6 -201 through 6 -203, inclusive, Section 6 -207, Sections 6-
310, and Sections 6- 319,01 through 6- 319.09, inclusive, Sections 6 -320, 6 -321, 6 -322, 6 -325, 6-
326, 6- 326.01, 6- 326.02, 6- 326.04, 6- 326.05, 6 -328, 6 -333 and 6 -334 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.
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.
Sec. 6 -403 PENALTIES. A conviction for violation of Sections 6 -101, 6 -103, 6 -106, 6 -108,
through 6 -113, inclusive, Sections 6 -201 through 6 -203, inclusive, Section 6 -207, Sections 6-
319.01 through 6- 319.09, inclusive, Sections 6 -320, 6 -321, 6 -322, 6 -325, 6 -326, 6- 326.01, 6-
326.02, 6- 326.04, 6- 326.05, 6 -328, 6 -334, 6 -338 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 or subsequent offenses in any
one calendar year the sum of one hundred dollars ($100.00). A conviction for violation of
Section 6 -310 and 6 -333 shall result in a fine for the first offense in any one calendar year of 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 offense and subsequent offenses in any one
calendar year the sum of two hundred dollars ($200.00).
SECTION 4. Chapter 8, Article 1 of the Municipal Code of the City of Blair, Nebraska is
hereby amended by amending Section 8 -104 as follows:
Sec. 8 -104 Reserved for future use. (See Section 6- 326.04)
SECTION 5. Chapter 8, Article 5 of the Municipal Code of the City of Blair, Nebraska is
hereby amended by amending Section 8 -510 as follows:
Sec. 8 -510 Reserved for future use. (See Section 6- 326.05)
SECTION 6. Chapter 8, Article 7 of the Municipal Code of the City of Blair, Nebraska is
hereby amended by amending Section 8 -701 and 8 -702 as follows:
Sec. 8 -702 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 8 -106 and 8 -509 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.
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.
Sec. 8 -703 PENALTIES. A conviction for violation of Sections 8 -106 and 8 -509 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 or
subsequent offenses in any one calendar year the sum of one hundred dollars ($100.00).
SECTION 7. That all ordinances or part of ordinances in conflict herewith are hereby
repealed.
SECTION 8. That this ordinance shall be enforced and take effect from and after its
passage, approval and publication as provided by law.
SECTION 9. This ordinance shall be published in pamphlet form and shall be in full
force and effect from and after its passage as provided by law.
Passed and approved this 9th day of March, 2010.
BRENDA R. WHEELER, CITY CLERK
(SEAL)
CITY OF BLAIR, NEBRASKA
. REALPH, MAYOR
STATE OF NEBRASKA )
) SS
COUNTY OF WASHINGTON )
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 9th day of March,
2010.
BRENDA R. WHEELER, CITY CLERK