2082COUNCIL MEMBER FANOELE INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE TO AMEND SEC. 4 -502 AND SEC. 4 -505 OF THE MUNICIPAL CODE BY
ADDING LANGUAGE RELATING TO NUISANCES INVOLVING ROCK AND GRAVEL,
ETC. THAT MOVES OR TRAVELS FROM A PRIVATE DRIVEWAY AND /OR REAL ESTATE
AND IS DEPOSITED ON ANY PUBLIC STREET OR PUBLIC RIGHT -OF -WAY AND TO
ESTABLISH PENALTIES FOR A VIOLATION OF THE SAME, 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 CITY COUNCIL OF THE CITY OF BLAIR,
NEBRASKA:
ATTEST:
(SEAL)
ORDINANCE NO. 2082
SECTION 1: Findings and Intent. The City of Blair in the interest of public health and
safety is amending the Municipal Code Sec. 4 -502 and Sec. 4 -505 relating to Nuisances. See
proposed code sections attached hereto as Exhibit A and fully incorporated herein by
reference.
SECTION 2: That a new language under Sec. 4 -502 and Sec. 4 -505 shall be added to the
Blair Municipal Code to effectuate this goal. See proposed code sections attached hereto as
Exhibit A and fully incorporated herein by reference.
SECTION 3: That this Ordinance shall be in full force and effect ten (10) days from
publication of this ordinance and If any provision of this ordinance or its application to any
person or circumstances, shall be held invalid, the remainder of the ordinance, or the
application of the provisions to other persons or circumstances, shall not be affected.
Passed and approved this 22n day of August, 2006.
BRENDA R. WHEELER, CITY CLERK
CITY OF BLAIR, NEBRASKA
c
E. 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 22nd day of August, 2006.
/Yu/ (6L
Brenda R. Wheeler, City Clerk
Article 5. Nuisances
Sec. 4 -502 NUISANCES; SPECIFICALLY DEFINED. The maintaining, using, placing,
depositing, leaving, or permitting of any of the following specific acts, omissions, places, conditions,
and things are hereby declared to be nuisances:
1. Any odorous, putrid, unsound or unwholesome grain, meat, hides, skins, feathers, vegetable
matter, or the whole or nay part of nay dead animal, fish, or fowl.
2. Privies, vaults, cesspools, dumps, pits or like places which are not securely protected from
flies or rats, or which are foul or malodorous.
3. Filthy, littered or trash - covered cellars, houseyards, barnyards, stable - yards, factory yards,
mill yards, vacant areas in rear of stores, granaries, vacant lots, houses, buildings, or
premises.
4. Animal Manure.
5. Liquid household waste, human excreta, garbage, butcher's trimmings and offal, parts of fish
or any waste vegetable or animal matter in any quantity. Provided, nothing herein contained
shall prevent the temporary retention of waste in receptacles in a manner provided by the
Municipality.
6. Tin cans, bottles, glass, cans, ashes, small pieces of scrap iron, wire metal articles, bric -a-
brac, broken stone or cement, broken crockery, broken glass, broken plaster, and all trash or
abandoned material, unless the same be kept in covered bins or galvanized iron receptacles.
7. Trash, litter, rags, accumulations or barrels, boxes, crates, packing crates, mattresses,
bedding, excelsior, packing hay, straw or other packing material, lumber and or fire wood not
neatly pile, scrap iron, tin or other metal not neatly piled, old automobiles or parts thereof, or
any other waste materials when any of said articles or materials create a condition in which
flies or rats may breed or multiply, or which may be a fire danger or which are so unsightly
as to depreciate property values in the vicinity thereof.
8. Any unsightly building, billboard, or other structure, or any old, abandoned or partially
destroyed building or structure or any building or structure commenced and left unfinished,
which said buildings, billboards or other structures are either a fire hazard, a menace tot he
public health or safety, or are so unsightly as to depreciate property values in the vicinity
thereof.
9. All places used or maintained as junk yards, or dumping grounds, or for the wrecking and
dissembling of automobiles, trucks, tractors, or machinery of nay kind, or for the storing or
leaving of worn -out, wrecked or abandoned automobiles, trucks, tractors, or machinery of
any kind, or of any of the parts thereof, or for the storing or leaving of nay machinery or
equipment used by contractors or builders or by other persons, which said places are kept or
maintained so as to essentially interfere with the comfortable enjoyment of life or property
by others, or which are so unsightly as to tend to depreciate property values in the vicinity
thereof.
10. Stagnant water permitted or maintained on any lot or piece of ground.
11. Stockyards, granaries, mills, pig pens, cattle pens, chicken pens or any place, building or
enclosure, in which animals or fowls of any kind are confined or on which are stored tankage
or any other animal or vegetable matter, or on which any animal or vegetable matter
including grain is being processed, when said places in which animals are confined, or said
premises on which vegetable or animal matter is located, are maintained and kept in such
manner that foul and noxious odors are permitted to emanate therefrom, to the annoyance of
inhabitants of the Municipality, or maintained and kept in such a manner as to be injurious to
the public health.
12. Rock, gravel, stone, pebbles or other loose rock like material that moves or travels from a
private driveway and /or real estate and comes to rest or is deposited on any public street or
public right of way within the City Limits.
13. All other things specifically designated as nuisances elsewhere in this Code. (Ref. 16 -240,
18 -1720 RS Neb) (Ord. No 1369, 2/24/76).
Article 5. Nuisances
Sec. 4 -505 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 -501 or 4 -504 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)