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2209ORDINANCE NO. 2209 COUNCIL MEMBER WOLFF INTRODUCED THE FOLLOWING ORDINANCE: AN ORDINANCE AMENDING CHAPTER 6, ARTICLE 3 OF THE MUNICIPAL CODE OF THE CITY OF BLAIR, NEBRASKA, BY ADDING SECTION 6- 320.01 AND BY AMENDING SECTIONS 6 -402 AND 6 -403 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, SECTION 1. Chapter 6, Article 3 of the Municipal Code of the City of Blair, Nebraska is hereby amended by adding Section 6- 320.01 as follows: 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 placing in the vicinity of the front door, placing in a confined area clearly designated for delivery, 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). SECTION 2. That Sections 6 -402 and 6 -403 of the Municipal Code of the City of Blair is hereby amended 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 -102, 6 -103, 6 -106, 6 -108, 6 -111, 6 -112, 6 -113, 6 -118, 6 -119, Sections 6 -201 through 6 -203, inclusive, Sections 6 -207, 6- 304, 6 -310, 6 -314, 6 -318 and Sections 6- 319.01 through 6- 319.09, inclusive, Sections 6 -320, 6- 320.01, 6 -321, 6 -322, 6 -325, 6 -326, 6- 326.02, 6- 326.04, 6- 326.05, 6 -328, 6 -333, 6 -334 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. 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 -102, 6 -103, 6 -106, 6 -108, 6- 111, 6 -112, 6 -113, 6 -118, 6 -119, 6 -132, Sections 6 -201 through 6 -203, inclusive, Sections 6 -207, 6 -304 6 -314, 6 -318, Sections 6- 319.01 through 6- 319.09, inclusive, Sections 6 -320, 6- 320.01, 6- 321, 6 -322, 6 -325 6 -326 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 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). 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 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 6- 320.01, to wit: AMENDMENT TO THE ADDEDUM THE CODE VIOLATION BUREAU FEE SCHEDULE 6- 320.01 Littering; Solicitation of Private Premises 1 st Offense $ 50.00 2nd Offense $100.00 3rd Offense $150.00 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 25th day of October, 2011. CITY OF BLAIR, NEBRASKA S E. REALPH, MAYOR ATTEST: BRENDA R.'WHEELER, CITY CLERK (SEAL) 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 25th day of October, 2011. BRENDA R. WHEELER, CITY CLERK