2245ORDINANCE NO. 2245
COUNCIL MEMBER ANDERSEN INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF BLAIR,
NEBRASKA CHAPTER 4, ARTICLE 5, NUISANCES, BY ADDING SECTIONS 4 -507 AND
4- 507.01; BY AMENDING ARTICLE 6, VIOLATIONS BUREAU/ PENAL PROVISION
SECTIONS 4 -602 AND 4 -603; AND BY AMENDING THE ADDENDUM OF 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; 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,
SECTION 1. Chapter 4, Article 5 Nuisances Sections 4 -507 and 4- 507.01 and Article 6
Violations Bureau/Penal Provision Section 4 -602 and 4 -603 of the Municipal Code and the
Addendum of Code Violations Bureau Fee Schedule of the City of Blair, Nebraska are hereby
amended as attached hereto and said attachments are incorporated herein;
SECTION 2. That all ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 3. That this Ordinance shall be published in pamphlet form and shall be in
full force and effect from and after its passage, approval and publication as provided by law.
Passed and approved this 14 day of April, 2013.
CITY OF BLAIR, NEBRASKA
ES E. REALPH, MA R
ATTEST:
BRENDA R. WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) :ss:
WASHINGTON COUNTY )
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 14th day of
April, 2013.
k 1 1/r, �' --/1 1 - - A
BRENDA R. WHEELER, CITY CLERK
Article 5. Nuisances
Sec. -507 NUISANCES; SWIMMING POOLS In order to provide protection against potential
drownings and near drownings by restricting access to swimming pools, it shall be unlawful for any
person to have a swimming pool as defined in 4- 507.01 on any property within the City of Blair
without compliance with all requirements of this ordinance. Failure to comply with any requirement
herein shall be declared a nuisance. (Penalties refer to Sections 4 -601 through 4 -603 or Addendum to
Code Violations Bureau Fee Schedule)
1. Each swimming pool must be completely surrounded by a barrier as defined in 4- 507.01.
2. The top of the barrier shall be at least 48 inches above grade measured on the side of the
barrier which faces away from the swimming pool. The maximum vertical clearance between
grade and the bottom of the barrier shall be 2 inches measured on the side of the barrier
which faces away from the swimming pool. Where the top of the pool structure is above
grade, such as an above - ground pool, the barrier may be at ground level, such as the pool
structure, or mounted on top of the pool structure. Where the barrier is mounted on top of the
pool structure, the maximum vertical clearance between the top of the pool structure and the
bottom of the barrier shall be 4 inches.
3. Openings in the barrier shall not allow passage of a 4- inch - diameter sphere.
4. Solid barriers which do not have openings, such as a masonry or stone wall, shall not
contain indentations or protrusions except for normal construction tolerances and tooled
masonry joints.
5. Where the barrier is composed of horizontal and vertical members and the distance
between the tops of the horizontal members is less than 45 inches, the horizontal
members shall be located on the swimming pool side of the fence. Spacing between
vertical members shall not exceed 1 3 /4 inches in width. Where there are decorative cutouts
within vertical members, spacing within the cutouts shall not exceed 1 3 /4 inches in width.
6. Where the barrier is composed of horizontal and vertical members and the distance
between the tops of the horizontal members is 45 inches or more, spacing between
vertical members shall not exceed 4 inches. Where there are decorative cutouts within
vertical members, spacing within the cutouts shall not exceed 13/4 inches in width.
7. Maximum mesh size for chain link fences shall be a 2 1 /4 -inch square unless the fence has
slats fastened at the top or the bottom which reduce the openings to not more than 1 3 /4
inches.
8. Where the barrier is composed of diagonal members, such as a lattice fence, the
maximum opening formed by the diagonal members shall not be more than 1 3 /4 inches.
9. Access gates shall comply with the requirements of Section 4 -507 (1) through (8) above
and shall be equipped to accommodate a locking device. Pedestrian access gates shall:
a. Remain locked at all times when the pool is not directly supervised, or
b. Open outward away from the pool and shall be self - closing and have a self -
latching device. Gates other than pedestrian access gates shall have a self - latching
device. Where the release mechanism of the self - latching device is located less
than 54 inches from the bottom of the gate, the release mechanism and openings
shall comply with the following:
i. The release mechanism shall be located on the pool side of the gate at least
3 inches below the top of the gate; and
ii. The gate and barrier shall have no opening larger than 1 /2 inch within 18
inches of the release mechanism.
See. 4- 507.01 BARRIER, SWIMMING POOL; SPECIFICALLY DEFINED For the purpose of
this Article, the following words and phrases shall have the meanings respectively ascribed to them:
BARRIER: A fence, wall, building wall or combination thereof which completely surrounds a
swimming pool and obstructs access to the swimming pool.
SWIMMING POOL: Any structure intended for swimming or recreational bathing that is capable
of containing water over 24 inches deep. This includes in- ground, above - ground and on- ground
swimming pools, hot tubs and spas. Spas or hot tubs with a safety cover which complies with ASTM
F 1346 shall be exempt from the barrier provisions of this Article.
Article 6. Violations Bureau/Penal Provision
Sec. -601 VIOLATION; 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 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
accordingly. (Amended by Ordinance 2140 06/10/2008)
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, 4 -506 and 4 -507 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.
(Amended by Ordinance 2140 06/10/2008) (Amended by Ordinance 2164 5/12/2009) (Amended
by Ordinance 2245 05/14/2013)
Sec. -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, 4 -506 and 4-
507 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 offcnSC 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. (Ord. No. 1574) (Amended by Ordinance 2140
06/10/2008) (Amended by Ordinance 2164 5/12/2009) (Amended by Ordinance 2245
05/14/2013)
City of Blair Municipal Code Chapter 4, Article 6, page 1
(This page left blank intentionally.)
City of Blair Municipal Code Chapter 4, Article 6, page 2
t► t • •t
4-302
Garbage & Refuse, Burning
1 St Offense
$100.00
Prohibited; Exceptions
2nd Offense
$150.00
3 Offense
$200.00
4 -501
Nuisances; Generally Defined
1 St Offense
$100.00
Class III Misdemeanor
2 Offense
$150.00
3 Offense
$200.00
4- 501.01
Streams, Litter; Specifically Defined 1 St Offense
$100.00
2 Offense
$150.00
3 Offense
$200.00
4-501.02
Littering on City Property
1 St Offense
$100.00
2nd Offense
$150.00
3rd Offense
$200.00
4 -502
Nuisances; Specifically Defined
1 St Offense
$100.00
2 Offense
$150.00
3 Offense
$200.00
4- 502.01
Nuisances; Litter within streams
1 St Offense
$100.00
2 Offense
$150.00
3 Offense
$200.00
4 -506
Nuisances; Weeds, Grasses
Class III Misd.
Worthless Vegetation; Litter
1 St Offense
$100.00
2 Offense
$150.00
3 Offense
$200.00
4 -507
Nuisances; Swimming Pools
Class III Misd.
1 st Offense
$100.00
2nd Offense
$150.00
3rd Offense
$200.00
5 -226
Jake Brake
Class III Misd.
$25.00
5 -402
Parking, Generally
$25.00
5 -403
Illegal Parking in City Parking Lots /Parking Facilities
$25.00
2 Offense
$50.00
3 Offense
$100.00
5 -404
Street Parking
Class III Misd.
$25.00
5- 404.01
Street Parking: Fire Hydrant; Private Driveways
$25.00
5 -405
Parking; Alley
$25.00
5- 406.01
Recreational Vehicle Parking
$25.00
5 -407
One Way Street and Alley
$25.00
5 -408
Parking Time
$25.00
5- 410.01
Illegal or Improper Parking
$25.00
5 -411
Abandoned Vehicle (48 hrs +)
Class III Misd.
$25.00
5 -501
Bicycle Operation
$25.00
5- 501.01
Roller Skates, In -Line Skates, Roller Blades
$25.00
Skateboard Operation
5 -615
Negligent Driving
Class III Misd.
$50.00
6 -102
Maximum Number Allowed
l't Offense
$50.00
2nd Offense
$100.00
3rd Offense
$150.00
6 -103
Licenses
1 Offense
$50.00
2 Offense
$100.00
3 Offense
$150.00
6 -106
Wrongful Licensing
1't Offense
$50.00
2 Offense
$100.00
3 Offense
$150.00
6 -107
Removal of Tags
1't Offense
$50.00
2nd Offense
$100.00
3 Offense
$150.006 -108
Dogs and Cats
1' Offense
$50.00
Running At Large
2 Offense
$100.00
3 Offense
$150.00
6 -111
Barking and Offensive Dogs
1't Offense
$50.00
2 Offense
$100.00
3 Offense
$150.00
6 -112
Offensive Cats
1st Offense
$50.00
2 Offense
$100.00
3 Offense
$150.00
6 -113
Confinement of Female Dogs
1 Offense
$50.00
During Period of Fertility
2 Offense
$100.00
3rd Offense
$150.00
6 -117
Rabies Control; Vaccination
1 Offense
$50.00
Required
2 Offense
$100.00
3 Offense
$150.00
6 -118
Rabies Control; Revaccination
1 Offense
$50.00
2 Offense
$100.00
3 Offense
$150.00
6 -129
Dangerous and Potentially
1 Offense
$50.00
Dangerous Dogs, Restrained
2 Offense
$100.00
3 Offense
$150.00
6-139
Pit Bulls; Leash and Muzzle,
1 Offense
$50.00
Required
2 Offense
$100.00
3 rd Offense
$150.00
6 -201
Animals; Running at Large
1 Offense
$50.00
2 nd Offense
$100.00
3 rd Offense
$150.00
6 -202
Animals; banned by Municipality
1 Offense
$50.00
2 nd Offense
$100.00
3 rd Offense
$150.00
6 -203
Animals; Wild
1 Offense
$50.00
2 nd Offense
$100.00
3 rd Offense
$150.00
6 -207
Fowls; Cock Fighting
1 Offense
$50.00
2 nd Offense
$100.00
3 rd Offense
$150.00
6 -304
Misdemeanor; Criminal Trespass
1 Offense
$50.00
2 nd Offense
$100.00
3 rd Offense
$150.00
6 -310
Misdemeanor; Appliances in Yard
1 Offense
$100.00
2 nd Offense
$150.00
3 rd Offense
$200.00
6 -314
Discharging of illegal Firearm
1 Offense
$50.00
in City Limits; B.B. Gun
2 nd Offense
$100.00
(Explosive Discharge)
3 rd Offense
$150.00
6 -318
Misdemeanor; Slingshots
1 Offense
$50.00
(Rock Discharge), Bow and Arrow
2 nd Offense
$100.00
3 rd Offense
$150.00
6- 319.01
Misdemeanor; Planting Trees
1 Offense
$50.00
2 nd Offense
$100.00
3 rd Offense
$150.00
6- 319.02
Misdemeanor; Spacing of Street
1 Offense
$50.00
Trees
2 nd Offense
$100.00
3 rd Offense
$150.00
6- 319.03
Misdemeanor; Planting Distance
1 Offense
$50.00
From Curb & Sidewalk of Park
2 nd Offense
$100.00
and Street Trees
3 rd Offense
$150.00
6- 319.04
Misdemeanor; Planting Distance
l Offense
$50.00
From Curb & Sidewalk & Fire
2 nd Offense
$100.00
Plugs of Street and Park Trees
3 rd Offense
$150.00
6- 319.05
Misdemeanor; Tree Topping
1 Offense
$50.00
2 nd Offense
$100.00
3 rd Offense
$150.00
6- 319.09
Misdemeanor; Injury of Trees
1 Offense
$50.00
2nd Offense $100.00
3 Offense $150.00
6 -320
Misdemeanors; Littering
l Offense
$50.00
2nd Offense
$100.00
3 Offense
$150.00
6- 320.01
Misdemeanors: Litter; Solicitation
1" Offense
$50.00
On Private Premises
2 Offense
$100.00
3 Offense
$150.00
6 -321
Misdemeanors; Posting
l Offense
$50.00
(Handbills, Etc)
2 Offense
$100.00
3 Offense
$150.00
6 -322
Misdemeanor; Notices Official
1 st Offense
$50.00
Unlawful Acts
2nd Offense
$100.00
3 Offense
$150.00
6 -325
Misdemeanor; Window Peeping
l Offense
$50.00
2 Offense
$100.00
3 Offense
$150.00
6 -326
Misdemeanor; Obstruction of
1 st Offense
$50.00
Public Right of Ways
2 Offense
$100.00
3 Offense
$150.00
6- 326.02
Parking During Snow
1 st Offense
$50.00
Emergency
2 Offense
$100.00
3 Offense
$150.00
6- 326.04
Snow Removal from Private
1 st Offense
$50.00
Property
2nd Offense
$100.00
3 Offense
$150.00
6- 326.05
Cleaning of Sidewalks
1 st Offense
$50.00
2 Offense
$100.00
3 Offense
$150.00
6 -328
Misdemeanor; Loitering and
1 st Offense
$50.00
Vagrants
2nd Offense
$100.00
3 Offense
$150.00
6 -333
Misdemeanor; Junk Accumulations
1 st Offense
$100.00
2 Offense
$150.00
3 Offense
$200.00
6 -334
Misdemeanor; Meter Tampering
1 st Offense
$50.00
2 Offense
$100.00
3 Offense
$150.00
6 -338
Noise, Motor Vehicle Limits
1 st Offense
$50.00
2 nd Offense $100.00
3 rd Offense $150.00
7 -402
Days and Hours of Sale, Discharge
1 St Offense
$25.00
And Possession of fireworks
2 nd Offense
$50.00
3 rd Offense
$100.00
7 -403
Fireworks; Throwing; Firecrackers
1 St Offense
$25.00
2 nd Offense
$50.00
3 rd Offense
$100.00
8- 106.01
Closing Hours of City Parks
1 St Offense
$25.00
2 nd Offense
$50.00
3 rd Offense
$100.00
8 -417
Obstructions
1 St Offense
$25.00
2 nd Offense
$50.00
3 rd Offense
$100.00
8 -509
Sidewalk Openings
1 St Offense
$25.00
2 nd Offense
$50.00
3 rd Offense
$100.00