Sacred Heart

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CHAPTER 3 – MISDEMEANORS


Article 1 – General Misdemeanors
SECTION 3-101: OBSTRUCTING AN OFFICER
SECTION 3-102: RESISTING OR FAILING TO ASSIST OFFICER
SECTION 3-103: IMPERSONATING OFFICER
SECTION 3-104: RESISTING ARREST WITHOUT THE USE OF A DEADLY OR DANGEROUS WEAPON
SECTION 3-105: CONCEALED WEAPONS
SECTION 3-106: DISCHARGE OF FIREARM
SECTION 3-107: DISCHARGE OF SLINGSHOT, PAINTBALL GUN, BLOW GUN, AIR RIFLE OR SIMILAR INSTRUMENTS
SECTION 3-108: STALKING
SECTION 3-109: CRIMINAL TRESPASS
SECTION 3-110: PUBLIC INDECENCY
SECTION 3-111: WINDOW PEEPING
SECTION 3-112: CRIMINAL MISCHIEF
SECTION 3-113: THEFT
SECTION 3-114: THREATS; ASSAULT IN THE THIRD DEGREE
SECTION 3-115: DISORDERLY CONDUCT
SECTION 3-116: DISTURBING AN ASSEMBLY
SECTION 3-117: DISTURBING THE PEACE
SECTION 3-118: EXCESSIVE NOISE
SECTION 3-119: LOUD MUSIC, RECORDINGS, RADIOS AND SIMILAR DEVICES; EXCEPTIONS
SECTION 3-120: MISREPRESENTATION BY MINOR
SECTION 3-121: MINOR IN POSSESSION
SECTION 3-122: LITTERING
Section 3-123: Posting Notices
SECTION 3-124: APPLIANCES IN YARD
section 3-125: Obstructing Water Flow
section 3-126: Injury to Trees
SECTION 3-127: DISEASED OR DYING TREES
Article 2 – Dogs
SECTION 3-201: DEFINITIONS
SECTION 3-202: RABIES VACCINATION
SECTION 3-203: LICENSING; RABIES CERTIFICATE; FEE
SECTION 3-204: LOST TAG
SECTION 3-205: WRONGFUL LICENSING
SECTION 3-206: REMOVAL OF TAG
Section 3-207: collar AND NAME TAG required
SECTION 3-208: RUNNING AT LARGE
SECTION 3-209: DAMAGE; LIABILITY OF OWNER
Section 3-210: Pet Excreta; Removal by Owner
SECTION 3-211: BARKING AND OFFENSIVE DOGS
SECTION 3-212: FEMALE IN SEASON
SECTION 3-213: FIGHTING DOGS
SECTION 3-214: RABIES PROCLAMATION
SECTION 3-215: RABIES SUSPECTED; IMPOUNDMENT
SECTION 3-216: DANGEROUS DOGS; DEFINITIONS
SECTION 3-217: DANGEROUS DOGS; CONFINED; WARNING SIGN
SECTION 3-218: DANGEROUS DOGS; RESTRAINED
SECTION 3-219: DANGEROUS DOGS; FAILURE TO COMPLY
SECTION 3-220: Dangerous dogs; violation; prior conviction
SECTION 3-221: DANGEROUS DOGS; ADDITIONAL REGULATIONS
SECTION 3-222: IMPOUNDMENT
SECTION 3-223: INTERFERENCE WITH ANIMAL CONTROL
Article 3 – Kennels
SECTION 3-301: DEFINED
SECTION 3-302: UNLICENSED KENNELS; PROHIBITED
SECTION 3-303: UNLICENSED KENNELS; NUISANCE
SECTION 3-304: APPLICATION; LICENSE
SECTION 3-305: REGULATIONS
Article 4 – Animals Generally
SECTION 3-401: PROHIBITION
SECTION 3-402: DEFINITIONS
SECTION 3-403: ANIMALS; NUISANCE
SECTION 3-404: GRANDFATHER RIGHTS
Article 5 – Nuisances
Section 3-501: DEFINITIONs
SECTION 3-502: PROHIBITIONS
SECTION 3-503: DETERMINATION; NOTICE
SECTION 3-504: HEARING AND APPEAL
SECTION 3-505: UNSAFE BUILDING; EMERGENCY
SECTION 3-506: ENFORCEMENT
SECTION 3-507: UNSAFE BUILDING; SPECIAL ASSESSMENT
Article 6 – Sexual Predators
SECTION 3-601: DEFINITIONS
SECTION 3-602: RESIDENCY RESTRICTIONS
SECTION 3-603: EXCEPTIONS
Article 7 – Penal Provisions
SECTION 3-701: VIOLATION; PENALTY
SECTION 3-702: ABATEMENT OF NUISANCE

CHAPTER 3 – MISDEMEANORS

Article 1 – General Misdemeanors
SECTION 3-101: OBSTRUCTING AN OFFICER

It shall be unlawful for any person to use or threaten to use violence, force, physical interference, or obstacle to intentionally obstruct, impair or hinder the enforcement of the penal law or the preservation of the peace by a peace officer acting under color of his or her official authority. (Neb. Rev. Stat. §28-906)

SECTION 3-102: RESISTING OR FAILING TO ASSIST OFFICER

It shall be unlawful for any person in this village to hinder, obstruct or resist any police officer in making any arrest or performing any duty of his or her office or to refuse or neglect to assist any such officer when called upon by him or her in making any arrest or conveying a prisoner to jail. (Neb. Rev. Stat. §28-903, 28-904)

SECTION 3-103: IMPERSONATING OFFICER

It shall be unlawful for any person to falsely pretend to be a peace officer and perform any act in that pretended capacity. (Neb. Rev. Stat. §28-610)

SECTION 3-104: RESISTING ARREST WITHOUT THE USE OF A DEADLY OR DANGEROUS WEAPON

A. It shall be unlawful for any person to intentionally prevent or attempt to prevent a law enforcement officer, acting under color of his or her official authority, from effecting an arrest on said person or on another by (1) using or threatening to use physical force or violence against the said officer or another; (2) using any other means which creates a substantial risk of causing physical injury to the officer or another; or (3) employing means which require substantial force to overcome resistance to effecting the arrest; provided, this section shall apply only to those actions taken to resist arrest without the use of a deadly or dangerous weapon.

B. It is an affirmative defense to prosecution under this section if the officer involved was out of uniform and did not identify himself or herself as a law enforcement officer by showing his or her credentials to the person whose arrest is attempted.
(Neb. Rev. Stat. §28-904)

SECTION 3-105: CONCEALED WEAPONS

Except as otherwise provided in this section, any person who carries a weapon or weapons concealed on or about his or her person such as a revolver, pistol, bowie knife, dirk or knife with a dirk blade attachment, brass or iron knuckles, or any other deadly weapon commits the offense of carrying a concealed weapon. This section shall not apply to a person who is the holder of a valid permit issued under the Concealed Handgun Permit Act if the concealed weapon which the offender is carrying is a handgun as defined in Neb. Rev. Stat. §69-2429. (Neb. Rev. Stat. §28-1202)

SECTION 3-106: DISCHARGE OF FIREARM

It shall be unlawful for any person, except an officer of the law in the performance of his or her official duty, to fire or discharge any gun or pistol within the Village; provided, nothing herein shall be construed to apply to officially sanctioned public celebrations if the persons so discharging firearms have written permission from the Village Board. (Neb. Rev. Stat. §17-556)

SECTION 3-107: DISCHARGE OF SLINGSHOT, PAINTBALL GUN, BLOW GUN, AIR RIFLE OR SIMILAR INSTRUMENTS

It shall be unlawful for any person to discharge a slingshot, paint ball gun, blow gun, air rifle or other like instruments capable of launching a dangerous projectile therefrom at any time or under any circumstances within the Village. (Neb. Rev. Stat. §17-207)

SECTION 3-108: STALKING

A. Any person who willfully harasses another person or a family or household member of such person with the intent to injure, terrify, threaten, or intimidate commits the offense of stalking.

B. For purposes of this section, the following definitions shall apply:

1. “Harass” means to engage in a knowing and willful course of conduct directed at a specific person which seriously terrifies, threatens, or intimidates the person and which serves no legitimate purpose;

2. “Course of conduct” means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including a series of acts of following, detaining, restraining the personal liberty of or stalking the person or telephoning, contacting, or otherwise communicating with the person;

3. “Family or household member” means a spouse or former spouse of the victim, children of the victim, a person presently residing with the victim or who has resided with the victim in the past, a person who had a child in common with the victim, other persons related to the victim by consanguinity or affinity, or any person presently involved in a dating relationship with the victim or who has been involved in a dating relationship with the victim. For purposes of this subdivision, “dating relationship” means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement but does not include a casual relationship or an ordinary association between persons in a business or social context;
(Neb. Rev. Stat. §28-311.02, 28-311.03, 28-311.04)

SECTION 3-109: CRIMINAL TRESPASS

It shall be unlawful for any person, knowing that he or she is not licensed or privileged to do so:

A. To enter or secretly remain in any building or occupied structure, or any separately secured or occupied portion thereof; or

B. To enter or remain in any place as to which notice against trespass is given by (1) actual communication to the actor; or (2) posting in a manner prescribed by law or reasonably likely to come to the attention of intruders; or (3) fencing or other enclosure manifestly designed to exclude intruders.
(Neb. Rev. Stat. §28-520, 28-521)

SECTION 3-110: PUBLIC INDECENCY

It shall be unlawful for any person 18 years of age or over to perform, procure or assist any other person to perform in a public place and where the conduct may reasonably be expected to be viewed by members of the public:

A. An act of sexual penetration as defined by Neb. Rev. Stat. §28-318(5);

B. An exposure of the genitals of the body done with intent to affront or alarm any person; or

C. A lewd fondling or caressing of the body of any other person of the same or opposite sex.
(Neb. Rev. Stat. §28-806)

SECTION 3-111: WINDOW PEEPING

It shall be unlawful for any person to go upon the premises of another and look or peep into any window, door or other opening in any building located thereon which is occupied as a place of abode.

SECTION 3-112: CRIMINAL MISCHIEF

It shall be unlawful for any person to damage property of another intentionally or recklessly, tamper with property of another intentionally or recklessly so as to endanger person or property or cause another to suffer pecuniary loss by deception or threat intentionally or maliciously, provided that the value of the property involved is under $1,500.00. (Neb. Rev. Stat. §28-519)

SECTION 3-113: THEFT

It shall be unlawful for any person within the corporate limits to steal any money, goods, or chattels of any kind whatever. Any person who shall steal property of any kind, whether the same be property having a value of less than $500.00, shall be deemed to be guilty of a misdemeanor. (Neb. Rev. Stat. §28-509 through 28-518)

SECTION 3-114: THREATS; ASSAULT IN THE THIRD DEGREE

It shall be unlawful for any person to intentionally, knowingly, or recklessly cause bod-ily injury to another person or threaten another in a menacing manner. It shall further be unlawful for any person to commit the above act in a fight or scuffle entered into by mutual consent. (Neb. Rev. Stat. §28-310)

SECTION 3-115: DISORDERLY CONDUCT

Any person who shall knowingly start a fight, fight, commit assault or battery, make unnecessary noise, or otherwise conduct himself in such a way as to breach the peace shall be deemed to be guilty of an offense. (Neb. Rev. Stat. §17-556)

SECTION 3-116: DISTURBING AN ASSEMBLY

It shall be unlawful for any person or persons to disturb, interrupt, or interfere with any lawful assembly of people, whether religious or otherwise, by loud and unnecessary noise, threatening behavior, or indecent and shocking behavior. (Neb. Rev. Stat. §17-556)

SECTION 3-117: DISTURBING THE PEACE

It shall be unlawful for any person to intentionally disturb the peace and quiet of any person, family or neighborhood. (Neb. Rev. Stat. §17-556, 28-1322)

SECTION 3-118: EXCESSIVE NOISE

It is hereby determined to be unlawful to operate industrial equipment, heavy machinery, jack hammers and other industrial equipment emitting loud noise or to race automobile engines within the Village between the hours of 10:00 p.m. and 7:00 a.m. in such a manner so as to disturb the comfort, repose, peace and quiet of village residents unless such activity has been approved in advance by the Village Board.

SECTION 3-119: LOUD MUSIC, RECORDINGS, RADIOS AND SIMILAR DEVICES; EXCEPTIONS

It shall be unlawful for any person to operate any radio, tape player, compact disc player, stereophonic sound system or similar device which reproduces or amplifies radio broadcasts or musical recordings in or upon any street, alley or other public place in such a manner as to be audible to other persons more than 50 feet from the source. Persons operating such devices while participating in licensed or permitted activities, such as parades, shall not be deemed in violation of this section.

SECTION 3-120: MISREPRESENTATION BY MINOR

It shall be unlawful for any minor, as defined by Neb. Rev. Stat. §53-102, to obtain or attempt to obtain alcoholic liquor by misrepresentation of age or by any other method in any tavern or other place where alcoholic liquor is sold. (Neb. Rev. Stat. §53-180.01, 53-180.05)

SECTION 3-121: MINOR IN POSSESSION

It shall be unlawful for any minor, as defined by Neb. Rev. Stat. §53-102, to transport, knowingly possess or have under his or her control in any motor vehicle any beer or other alcoholic liquor on any public street, alley, roadway or property owned by the state or any subdivision thereof or any other place within the village limits. (Neb. Rev. Stat. §53-180.02, 53-180.05)

SECTION 3-122: LITTERING

A. Any person who deposits, throws, discards, scatters, or otherwise disposes of any litter, refuse, waste matter or other thing on any public or private property or in any waters commits the offense of littering unless (1) such property is an area designated by law for the disposal of such material and such person is authorized by the proper public authority to so use such property; or (2) the litter is placed in a receptacle or container installed on such property for such purpose.

B. Whenever litter is thrown, deposited, dropped or dumped from any motor vehicle or watercraft in violation of this section, the operator of such motor vehicle or water craft commits the offense of littering.

C. “Litter” as used in this section means all rubbish, refuse, waste material, garbage, trash, debris or other foreign substances, solid or liquid, of every form, size, kind and description but does not include the wastes or primary processes of farming or manufacturing.
(Neb. Rev. Stat. §17-123.01, 28-523)

Section 3-123: Posting Notices

No person in the Village shall fasten any poster or other advertising device in any way upon public or private property in the Village unless legally authorized to do so.

SECTION 3-124: APPLIANCES IN YARD

It shall be unlawful for any person to permit a refrigerator, icebox, freezer, or any other dangerous appliance to be in the open and accessible to children, whether on private or public property, unless he or she shall first remove all doors and make the same reasonably safe. (Neb. Rev. Stat. §18-1720)

section 3-125: Obstructing Water Flow

It shall be unlawful for any person to stop or obstruct the passage of water in a street gutter, culvert, water pipe or hydrant.

section 3-126: Injury to Trees

It shall be unlawful for any person to purposely or carelessly and without lawful authority to cut down, carry away, injure, break down, or destroy any trees planted or growing in the corporate limits or their fruit. Any public service company desiring to trim or cut down any tree, except on property owned and controlled by it, shall make an application to the Village Board and the written permit of the board in accordance with its decision to allow such an action shall constitute the only lawful authority on the part of the company to do so.

SECTION 3-127: DISEASED OR DYING TREES

A. It is hereby declared a nuisance for a property owner to permit, allow or maintain any dead or diseased trees within the right of way of streets or on private property within the corporate limits of the Village.

B. Every tree of the species and varieties of elm, Zelkova and Planera, that are in a diseased, dying, or dead condition or that may serve as a breeding place for the European elm bark beetle, Scolytus multistriatus, or other disease-carrying insects is hereby declared to be a public nuisance.

C. For the purpose of carrying out the provisions of this section, any village official shall have the authority to enter upon private property to inspect the trees thereon.

D. Notice to abate and remove such nuisances and notice of the right to a hearing and the manner in which it may be requested shall be given to each owner or owner's duly authorized agent and to the occupant, if any, by personal service or certified mail. Within 30 days after the receipt of such notice, if the owner or occupant of the lot or piece of ground does not request a hearing or fails to comply with the order to abate and remove the nuisance, the Village may have such work done and may levy and assess all or any portion of the costs and expenses of the work upon the lot or piece of ground so benefited in the same manner as other special taxes for improvements are levied or assessed.

E. In the event the property owner is a nonresident of the county in which the property lies, the Village shall, before levying any special assessment against that property, send a copy of any notice required by law to be published by means of certified mail, return receipt requested to the last known address of the nonresident property owner, which shall be that address listed on the current tax rolls at the time such required notice was first published.
(Neb. Rev. Stat. §18-1720, 28-1321)

Article 2 – Dogs

SECTION 3-201: DEFINITIONS

“Animal control authority” shall mean an entity authorized to enforce the animal control laws of the Village.

“Animal control officer” shall mean any individual employed, appointed or authorized by an animal control authority for the purpose of aiding in the enforcement of this act or any other law or ordinance relating to the licensing of animals, control of animals or seizure and impoundment of animals and shall include any state or local law enforcement or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal.

“Owner” shall mean any person, firm, corporation, organization, political subdivision or department possessing, harboring, keeping or having control or custody of a dog; and specifically in reference to a collarless dog, every person who shall harbor such a dog about his or her premises for the space of ten days shall be held to be the owner.
(Neb. Rev. Stat. §54-606, 71-4401)

SECTION 3-202: RABIES VACCINATION

Every dog shall be vaccinated against rabies pursuant to Nebraska law. Unvaccinated dogs acquired or moved into the Village must be vaccinated within 30 days after purchase unless under the age for initial vaccination. The provisions of this ordinance with respect to vaccination shall not apply to any dogs owned by a person temporarily residing within this village for fewer than 30 days, any dog brought into this village for show purposes, or any dog brought into this village for hunting purposes for a period of fewer than 30 days; such dogs shall be kept under the strict supervision of the owner. (Neb. Rev. Stat. §71-4402)

SECTION 3-203: LICENSING; RABIES CERTIFICATE; FEE

A. Any person who shall own, keep, or harbor a dog over the age of six months within the Village shall within 10 days after acquisition of the said dog acquire a license for each animal by or before May 1 each year. Application shall be made upon a printed form provided by the Village, upon which the owner shall state his or her name and address and the name, breed, color and sex of each dog owned and kept by him or her. A certificate stating that the dog has had a rabies shot, effective for the ensuing two years of the license, shall be presented when the license is applied for and no license or tag shall be issued until the certificate is shown. If the dog has been spayed or neutered, a statement signed by a veterinarian verifying the spaying or neutering must be presented.

B. Upon payment of the license fee for each male dog and spayed female dog and for each unspayed female dog, as set by resolution of the Village Board, the village clerk shall issue to the dog owner a license certificate and a metallic tag for each animal so licensed. The Village shall, in addition to the license tax imposed, collect from the licensee a fee of $1.00. The clerk shall retain 3¢ from the said fee and remit the balance to the state treasurer for credit to the Commercial Dog and Cat Operator Inspection Program Cash Fund. The 3¢ collected shall be credited to the general fund. (Res. No. 20100802)

C. The said dog tax shall be delinquent from and after May 10; provided, the possessor of any dog brought into or harbored within the corporate limits subsequent to May 1 of any even-numbered year shall be liable for the payment of the dog tax levied herein and such tax shall be delinquent if not paid within 10 days thereafter. It shall be the duty of the village clerk to issue tags of a suitable design that are different in appearance each year.

D. The metallic tag shall be properly attached to the collar or harness of every dog so licensed and shall entitle the owner to keep or harbor the said animal until April 30 of the following year. Said licenses shall not be transferable and no refund will be allowed in case of death, sale, or other disposition of the licensed dog.

E. Every service animal shall be licensed but no license tax shall be charged. Upon the retirement or discontinuance of the animal as a service animal, its owner shall be liable for the payment of a license tax as prescribed herein.
(Neb. Rev. Stat. §17-526, 54-603)

SECTION 3-204: LOST TAG

In the event that a licensing tag is lost and upon satisfactory evidence that the original tag was issued in accordance with the provisions herein, the village clerk shall issue a duplicate or new tag for the balance of the year for which the license tax has been paid and shall charge and collect a fee as set by resolution of the Village Board for each duplicate tag so issued. Such resolution shall be placed on file in the office of the village clerk for public inspection. (Neb. Rev. Stat. §17-526, 54-603)

SECTION 3-205: WRONGFUL LICENSING

It shall be unlawful for the owner, keeper, or harborer of any dog to permit or allow such dog to wear any license, metallic tag or other village identification than that issued by the village clerk. (Neb. Rev. Stat. §17-526)

SECTION 3-206: REMOVAL OF TAG

It shall be unlawful for any person to remove or cause to be removed the collar, harness, or metallic tag from any licensed dog without the consent of the owner, keeper, or possessor thereof. (Neb. Rev. Stat. §17-526)

 

Section 3-207: collar AND NAME TAG required

It shall be the duty of every owner of a dog to securely place upon the neck of such dog a good and sufficient collar with a metallic plate attached which shall be plainly inscribed with the name of such owner. (Neb. Rev. Stat. §54-605)

SECTION 3-208: RUNNING AT LARGE

It shall be unlawful for the owner of any dog to allow such dog to run at large at any time within the corporate limits of the Village. It shall be the duty of the animal control authority to cause any dog found to be running at large within the Village to be taken up and impounded. “Running at large” shall mean a dog was found off the premises of the owner and not under control of the owner or a responsible person by leash, cord, chain, wire, rope, cage or other suitable means of physical restraint. Any person who permits his/her dog to run at large within the confines of the Village is hereby deemed to be guilty of a misdemeanor and upon conviction thereof shall be fined and shall pay the costs of prosecution. The said fine shall be as set by the Village Board by resolution and placed on file in the office of the village clerk. (Neb. Rev. Stat. §17-526, 54-607)

SECTION 3-209: DAMAGE; LIABILITY OF OWNER

It shall be unlawful for any person to allow a dog owned, kept, or harbored by him or her or under his or her charge or control to injure or destroy any real or personal property of any description belonging to another person. The owner or possessor of any such dog, in addition to the usual judgment upon conviction, may be made to be liable to the persons so injured in an amount equal to the value of the damage so sustained. (Neb. Rev. Stat. §18-1720, 54-601, 54-602)

Section 3-210: Pet Excreta; Removal by Owner

The owner of any animal which deposits excreta on public or private property shall be responsible for its removal. It shall be a violation of this section for the owner to fail to immediately remove such excreta when notified of its existence and location, either by the Village or by the owner of the property on which the excreta was deposited. (Res. No. 20050902)

SECTION 3-211: BARKING AND OFFENSIVE DOGS

It shall be unlawful for any person to own, keep, or harbor any dog which by loud, continued, or frequent barking, howling, or yelping shall annoy or disturb any neighborhood or person or which habitually barks at or chases pedestrians, drivers, or owners of horses or vehicles while they are on any public sidewalks, streets, or alleys in the Village. Upon the written complaint of two or more affected persons from different households, filed within any 30-day period with the village clerk, that any dog owned by the person named in the complaint is an annoyance or disturbance or otherwise violates the provisions of this section, the animal control officer shall investigate the complaint and, if in his or her opinion the situation warrants, shall notify the owner to silence and restrain such dog. The provisions of this section shall not be construed to apply to the village animal shelter. (Neb. Rev. Stat. §17-526)

SECTION 3-212: FEMALE IN SEASON

It is hereby declared unlawful for the owner, keeper, or harborer of a female dog to permit her to run at large within the Village while in season. Any such female dog found running at large in violation of this section shall be declared to be a public nuisance and as such may be impounded or killed according to the provisions herein. (Neb. Rev. Stat. §17-526)

SECTION 3-213: FIGHTING DOGS

It shall be unlawful for any person, by agreement or otherwise, to set dogs to fighting or by any gesture or word to encourage the same to fight. (Neb. Rev. Stat. §17-526)

SECTION 3-214: RABIES PROCLAMATION

It shall be the duty of the Village Board, whenever in its opinion the danger to the public safety from rabid dogs is great or imminent, to issue a proclamation ordering all persons owning, keeping, or harboring any dog to muzzle the same or to confine it for a period of not less than 30 days or more than 90 days from the date of such proclamation or until such danger is past. The dog may be harbored by any good and sufficient means in a house, garage, or yard on the premises wherein the owner may reside. Upon issuance of the proclamation, it shall be the duty of all persons owning, keeping, or harboring any dog to confine the same as herein provided. (Neb. Rev. Stat. §17-526)

SECTION 3-215: RABIES SUSPECTED; IMPOUNDMENT

Any dog suspected of being afflicted with rabies or any dog not vaccinated in accordance with the provisions of this article which has bitten any person and caused an abrasion of the skin shall be seized and impounded under the supervision of the Board of Health for a period of no fewer than ten days. If, upon examination by a veterinarian, the dog has no clinical signs of rabies at the end of such impoundment, it may be released to the owner or, in the case of an unlicensed dog, it shall be disposed of in accordance with the provisions herein. If the owner of the said dog has proof of vaccination, it shall be confined by the owner or some other responsible person for a period of at least ten days, at which time the dog shall be examined by a licensed veterinarian. If no signs of rabies are observed, the dog may be released from confinement. (Neb. Rev. Stat. §71-4406)

SECTION 3-216: DANGEROUS DOGS; DEFINITIONS

“Dangerous dog” shall mean any dog that, according to the records of the animal control authority:

A. Has killed or inflicted injury on a human being of public or private property:

B. Has killed a domestic animal without provocation; or

C. Has been previously determined to be a potentially dangerous dog by an animal control authority and the owner has received notice of such determination; and such dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals.

D. Notwithstanding the foregoing, a dog shall not be defined as a dangerous dog:

1. If the threat, any injury that is not a severe injury, or the damage was sustained by a person who (a) at the time was committing a willful trespass as defined in state statutes or any other tort upon the property of the owner of the dog; (b) at the time was tormenting, abusing or assaulting the dog; (c) has in the past been observed or reported to have tormented or assaulted the dog; or (d) at the time was committing or attempting to commit a crime; or

2. If the dog is a trained dog assisting a police officer engaged in law enforcement duties.

“Domestic animal” shall mean a cat, a dog, or livestock.

“Medical treatment” means treatment administered by a physician or other licensed health care professional that results in sutures or surgery or treatment for one or more broken bones.
(Neb. Rev. Stat. §54-617)

SECTION 3-217: DANGEROUS DOGS; CONFINED; WARNING SIGN

While unattended on the owner's property, a dangerous dog shall be securely confined in a humane manner indoors or in a securely enclosed and locked pen or structure suitably designed to prevent the entry of young children and to prevent the dog from escaping. The pen or structure shall have secure sides and a secure top. If the pen or structure has no bottom secured to the sides, the sides shall be embedded into the ground. The pen or structure shall also protect the dog from the elements. The owner of a dangerous dog shall post a warning sign on the property where the dog is kept that is clearly visible and that informs persons that a dangerous dog is on the property. Each warning sign shall be no less than 10 inches by 12 inches and shall contain the words “Warning” and “Dangerous Animal” in high-contrast lettering at least 3 inches high on a black background. (Neb. Rev. Stat. §54-619)

SECTION 3-218: DANGEROUS DOGS; RESTRAINED

No owner of a dangerous dog shall permit the dog to go beyond the property of the owner unless the animal is restrained securely by a chain or leash. (Neb. Rev. Stat. §54-618)

SECTION 3-219: DANGEROUS DOGS; FAILURE TO COMPLY

Any dangerous dog may be immediately confiscated by an animal control officer if the owner is in violation of this article. The owner shall be responsible for the reasonable costs incurred by the animal control authority for the care of a dangerous dog confiscated by an animal control officer or for the destruction of any dangerous dog if the action by the animal control authority is pursuant to law and if the owner violated this article. In addition to any other penalty, a court may order the animal control authority to dispose of a dangerous dog in an expeditious and humane manner. (Neb. Rev. Stat. §54-620)

SECTION 3-220: Dangerous dogs; violation; prior conviction

If a dangerous dog belonging to an owner with a prior conviction under this section attacks or bites a person or another domestic animal, the owner shall be guilty of a misdemeanor. In addition, the dangerous dog shall be immediately confiscated by an animal control authority, placed in quarantine for the proper length of time, and thereafter destroyed in an expeditious and humane manner. (Neb. Rev. Stat. §54-624)

SECTION 3-221: DANGEROUS DOGS; ADDITIONAL REGULATIONS

Nothing in this article shall be construed to restrict or prohibit the Village Board from establishing and enforcing laws or ordinances at least as stringent as the provisions of this article. (Neb. Rev. Stat. §54-624)

SECTION 3-222: IMPOUNDMENT

A. It shall be the duty of the village police to capture, secure and remove in a humane manner to the village animal shelter any dog violating any of the provisions of this article. The dogs so impounded shall be treated in a humane manner and shall be provided with a sufficient supply of food and fresh water each day. Each impounded dog shall be kept and maintained at the pound for a period of not fewer than three days after public notice has been given unless reclaimed earlier by the owner.

B. Notice of impoundment of all animals, including any significant marks or identification, shall be posted at the office of the village clerk within 24 hours after impoundment as public notification of such impoundment. Any dog may be reclaimed by its owner during the period of impoundment by payment of a general impoundment fee and daily board fee as set by resolution of the Village Board and filed in the office of the village clerk. The owner shall then be required to comply with the licensing and rabies vaccination requirements within 72 hours after release. Any dog may be reclaimed by its owner during the period of impoundment by payment of the costs of impoundment.

C. If the dog is not claimed at the end of the required waiting period after public notice has been given, the village police may dispose of the dog in accordance with the applicable rules and regulations pertaining to the same; provided, if a suitable home, in the judgment of the village police, can be found for any such dog within the Village, the said dog shall be turned over to that person and the new owner shall then be required to pay all fees and meet all licensing and vaccinating requirements provided in this article.

D. The Village shall acquire legal title to any unlicensed dog impounded in the shelter for a period longer than the required waiting period after giving notice. All dogs shall be destroyed and buried in the summary and humane manner as prescribed by the Board of Health unless a suitable home can be found for such dog as provided in subsection (C) above.
(Neb. Rev. Stat. §17-548, 71-4408)

SECTION 3-223: INTERFERENCE WITH ANIMAL CONTROL

It shall be unlawful for any person to hinder, delay or interfere with any animal control officer who is performing any duty enjoined upon him or her by the provisions of this article or to break open or in any manner directly or indirectly aid, counsel, or advise breaking into the animal shelter or any vehicle used for the collecting or conveying of dogs to the shelter. (Neb. Rev. Stat. §28-906)

Article 3 – Kennels

SECTION 3-301: DEFINED

"Kennel" is defined for this article as any lot or parcel of land or place where more than three dogs or more than three cats over the age of six months are confined, treated, boarded, housed or cared for and shall include any lot or parcel of land or place where a person, corporation or other entity engages in, conducts, manages or maintains a veterinary business, regardless of the number of animals treated, kept, confined or boarded.

SECTION 3-302: UNLICENSED KENNELS; PROHIBITED

It is unlawful for any person, corporation, partnership or other entity to maintain, keep, conduct or operate any kennel within the zoning limits of the Village without first obtaining a license therefor.

SECTION 3-303: UNLICENSED KENNELS; NUISANCE

It is hereby declared that it is and shall be a nuisance for any person, corporation, partnership or other entity to maintain, keep, conduct or operate any kennel within the zoning limits of the Village without first obtaining a license therefor.

SECTION 3-304: APPLICATION; LICENSE

Any person or legal entity seeking a kennel license shall make written application to the Village Board. Such application shall state in detail the type, number and gender of animals to be held in such kennel, describe the kennel facility in detail and provide such other information as may be required by the Village Board. Such application shall also have attached thereto the consent of all property owners or occupants of lands or lots adjoining the land upon which the proposed kennel is to be located. In the event that the Village Board determines that such kennel would not constitute a nuisance, it shall issue such license on such terms and conditions as it deems appropriate. Such license shall be on an annual basis and may be revoked after notice and hearing for violation of any term or condition of the issuance of the license. The annual license fee shall be as set by the Village Board and placed on file in the office of the village clerk for public inspection. The license shall not be issued until such fee is paid.

SECTION 3-305: REGULATIONS

Every place used as a kennel shall be kept in a clean and sanitary condition and no refuse or waste material shall be allowed to remain thereon for more than 24 hours. All animals shall be humanely treated, and any animal having any disease shall be properly isolated and treated.

Article 4 – Animals Generally

SECTION 3-401: PROHIBITION

From and after the effective date of this ordinance, it shall be and hereby is determined to be unlawful for any person to keep, maintain or confine any domestic farm animals, split-hoofed or exotic animals, snakes or fowl within the corporate limits of the Village.

SECTION 3-402: DEFINITIONS

The following definitions shall hereby apply:

"Domestic farm animal" is hereby defined as any horse, mule, cow or offspring thereof.

"Exotic animal" is hereby defined as any llama, zebra, buffalo or animal other than a domestic farm animal or offspring thereof, or a dog weighing more than 50 pounds.

"Fowl" is hereby defined as any chicken, turkey, guinea hen, duck, swan, ostrich, emu, goose or any similar bird.

"Snake" shall be defined as a boa constrictor or any poisonous snake.

"Split-hoofed animal" is hereby defined as any member of the swine family, sheep, goat or offspring thereof.

SECTION 3-403: ANIMALS; NUISANCE

It is hereby determined to be a nuisance to keep, maintain or confine of any of the above-named animals.

SECTION 3-404: GRANDFATHER RIGHTS

Any animal or fowl described in Section 3-402 that was in existence on 1/6/03 within the corporate limits shall not be governed by this article. (Ord. No. 20051001, 10/3/05)

 

Article 5 – Nuisances

(Ord. No. 1119-2012, 12/3/12)

Section 3-501: DEFINITIONs

A. The term “nuisance”:

1. Shall be deemed as the doing of any unlawful act, omitting to perform a lawful act, omitting to perform a duty, or suffering or permitting any condition or thing to exist or be, which act, omission, condition or thing:

a. Injures or endangers the comfort, repose, health, or safety of others.

b. Unlawfully interferes with, obstructs, tends to obstruct, or renders dangerous for passage any stream, public park, parkway, square, street or highway in the Village.

c. Renders other persons insecure in life or the use of property.

d. Renders an unsafe or unhealthy condition within the Village.

e. Tends to depreciate the value of the property of others.

2. Includes but is not necessarily limited to the maintaining, using, placing, depositing, leaving or permitting of any of the following specific acts or omissions:

a. Emission of smoke, dust, fumes, gasses or mists from any source that is injurious or dangerous to human health and safety.

b. Privies, vaults, cesspools, dumps, pits, or similar places which are not securely protected from insects and rodents and which pose a threat to the safety of humans.

c. Animal manure, garbage, waste, refuse matter, trash, metal objects, broken stone or cement or any other waste material kept in or on a yard, house yard, barnyard, factory or mill yard, vacant lots, houses, buildings or premises.

d. Undrained lots which may hold stagnant water or other liquid.

e. Storing, accumulating, placing or allowing wrecked, broken or inoperative or partially destroyed or disassembled personal or real property of any kind, including motor vehicles, tractors, trailers, machinery and equipment.

f. Any vehicle that is not properly registered or is inoperable, wrecked, junked, or partially dismantled and remaining longer than 30 days on private property or on a public roadway or alley. This subsection does not apply to a vehicle in an enclosed building or a vehicle on the premises of a business enterprise operated in a lawful manner when necessary to the lawful operation of the enterprise, provided the premises are maintained in a healthful and safe manner.

g. Weeds or noxious growth on lots, pieces of ground, adjoining streets and alleys and on private property, when such growth exceeds 12 inches.

h. Any other thing or condition specifically designated as a nuisance elsewhere in the village code.

B. The term “unsafe building” is hereby defined to mean and include any building, shed, fence, or other man-made structure:

1. Which is dangerous to the public health because of its condition and which may cause or aid in the spread of disease or injury to the health of the occupants of it or neighboring structures;

2. Which because of faulty construction, age, lack of proper repair, or any other cause is especially liable to fire and constitutes or creates a fire hazard; or

3. Which by reason of faulty construction or any other cause is liable to cause injury or damage by the collapse or fall of all or any part of such structure.

Any such unsafe building in the Village is hereby declared to be a nuisance.

SECTION 3-502: PROHIBITIONS

It shall be unlawful to maintain or permit the existence of any nuisance or of any unsafe building in the Village, and it shall be unlawful for the owner, occupant, or person in custody of any such nuisance or unsafe building to permit the same to remain in an unsafe condition or to occupy such building or permit it to be occupied while it is in an unsafe condition.

SECTION 3-503: DETERMINATION; NOTICE

A. The Village shall appoint an individual or organization to identify and enforce abatement of nuisances within the Village. Said individual shall be identified as the "nuisance officer" and such organization shall be identified as the Board of Health.

B. When the Board of Health has declared by majority vote that any building or structure in the Village is an unsafe building or that a nuisance exists, it shall file a written statement to this effect with the village clerk. The clerk shall thereupon notify the nuisance officer, who will view the property or area for any violation of the nuisances of the Village. The nuisance officer shall not go upon private property for such viewing or inspection unless granted permission by the resident or owner of such property. The nuisance officer shall document the nuisance with photographs and other evidence pertinent to the situation.

C. After the Board of Health has declared that a nuisance other than an unsafe building exists, the village clerk thereupon shall serve written notice upon the owner and the occupant thereof, if any, by posting notice on the property and by regular U. S. mail, postage prepaid

D. After the Board of Health has determined a structure to be unsafe, the village clerk thereupon shall cause the property to be posted accordingly, shall file a copy of such determination in the office of the county register of deeds and shall serve written notice upon the owner and the occupant thereof, if any, by certified mail or by personal service. If the owner will not accept certified mail and personal service cannot be made within 10 days of filing such determination in the office of the register of deeds, service may be made by publication in the official newspaper of the Village for three consecutive weeks.

E. Such notice shall state that a nuisance exists on the property, and that the condition must be remedied within 30 days from the date of receipt. Such notice may be in the following terms:

"To ____________________ (owner-occupant) of the premises known and described as _____________________________.

"You are hereby notified that (describe nuisance) has been declared a nuisance after inspection by ____________________.
The causes for this decision are (here insert the facts as to the dangerous condition).

"You must remedy this condition within 30 days from the date of receipt of this notice or the Village of Greeley may proceed to do so without further notice. Appeal of this determination may be made to the Village Board, acting as the Board of Appeals, by filing with the village clerk within ten days from the date of receipt of this notice a request for a hearing."

F. Such notice shall state that a building has been declared to be in an unsafe condition, that such dangerous condition must be removed or remedied by repairing or altering the building or by demolishing it, and that the condition must be remedied within 60 days from the date of receipt. Such notice may be in the following terms:

"To ____________________ (owner-occupant) of the premises known and described as __________________________________.

"You are hereby notified that (describe building) on the premises above mentioned has been determined to be an unsafe building and a nuisance after inspection by ____________________. The causes for this decision are (here insert the facts as to the dangerous condition).

"You must remedy this condition or demolish the building within 60 days from the date of receipt of this notice or the Village of Greeley may proceed to do so without further notice. Appeal of this determination may be made to the Village Board, acting as the Board of Appeals, by filing with the village clerk within ten days from the date of receipt of this notice a request for a hearing."

G. If the person receiving the notice has not complied therewith within 30 days from the receipt or publication of a nuisance notice or 60 days from the date of receipt or publication of an unsafe building notice, or taken an appeal from the determination that a nuisance or unsafe building exists within ten days from the time when this notice is served upon such person by personal service, certified mail or service by publication, the Board of Health or other designated official may, upon orders of the Village Board, proceed to remedy the condition or demolish the unsafe building.

SECTION 3-504: HEARING AND APPEAL

A. Upon receiving the notice to remedy the nuisance or repair or demolish the building, the party notified and/or the owner of the building, within the time stipulated, may in writing to the village clerk request a hearing before the Village Board, sitting as the Board of Appeals, to present reasons why the condition does not constitute a nuisance or the unsafe building should not be repaired or demolished. The Village Board shall grant such hearing at its next regularly scheduled meeting from the time it receives such request, or by special meeting. A written notice of the Board of Appeals’ decision following the hearing shall be sent to the property owner by certified mail to his or her last known address. The Village Board shall make its findings no more than 14 days after hearing and notice of its finding shall be served upon the objecting party by regular U.S. Mail within 5 days of the finding.

B. If the Village Board rejects the appeal, the owner shall have 15 days from the sending of its adverse decision to the objecting party to remedy the nuisance, or 60 days from the sending of the adverse decision to the objecting party to begin repair or demolition and removal of an unsafe building. If after the 15-day period in the case of nuisance, or after the 60-day period in the case of an unsafe building, the owner has not remedied the nuisance or repaired or demolished the unsafe building, the Village Board may proceed to cause such work to be done, provided that the property owner may appeal such decision to the appropriate court for adjudication, during which proceedings the decision of the Village Board shall be stayed. Where the Village has not adopted a building code, the statutes of Nebraska relating to bonded indebtedness and collection of delinquent taxes shall apply.

SECTION 3-505: UNSAFE BUILDING; EMERGENCY

Where any unsafe building or structure poses an immediate danger to the health, safety, or general welfare of any person or persons and the owner fails to remedy the situation in a reasonable time after notice to do so, the Village may summarily repair or demolish and remove such building or structure.

SECTION 3-506: ENFORCEMENT

A. In the event a declared nuisance or unsafe building has not been abated within the time limits prescribed in Sections 3-503 and 3-504 above and the village clerk has not received a request for hearing, the village marshal may issue a citation for the code violation and such citation shall be prosecuted to the proper court.

1. Any person or persons found guilty of violating any provision of Section 3-501(A) of this code shall be guilty of a misdemeanor and fined up to $50.00 for each offense.

2. Each day after the original notice is given per Section 3-503(C) and the time limit given within that notice to remedy the violation has passed and each day that the nuisance is not abated shall be a separate offense and subject to a separate fine.

3. Any person or persons found guilty of violating any provision of Section 3-501(B) of this code shall be guilty of a misdemeanor and fined up to $100.00 for each offense.

4. Each day after the original notice is given per Section 3-503(D) and the time limit given within that notice to remedy the violation has passed and each day that the nuisance is not abated shall be a separate offense and subject to a separate fine.

B. By resolution of the Village Board, a civil action may be filed for abatement or remedy of the nuisance or unsafe building. Such civil suit may commence after the time limits prescribed in Sections 3-503 and 3-504 have been satisfied and may be filed and prosecuted at the same time any other enforcement procedure has commenced, has terminated or is in progress.

SECTION 3-507: UNSAFE BUILDING; SPECIAL ASSESSMENT

A. If any owner of any building or structure fails, neglects, or refuses to comply with notice by or on behalf of the Village to repair, rehabilitate, or demolish and remove a building or structure which is unsafe and a public nuisance, the Village may proceed with the work specified in the notice to the property owner. A statement of the cost of such work shall be transmitted to the Village Board.

B. The Village Board may collect the cost from the owner of the building or structure and enforce the collection by civil action in any court of competent jurisdiction. The costs of abating the nuisance of whatever kind shall be calculated at the actual cost of abating the nuisance plus an administrative fee as set by the Village Board and placed on file in the office of the village clerk. In the event the owner or occupant does not pay such costs within 30 days after the expenses and costs are submitted to the owner or occupant, the Village may:

1. Levy the cost as a special assessment against the lot or real estate upon which the building, structure or nuisance is located. Any such special assessment shall be a lien on the real estate and shall be collected in the manner provided for special assessments; and

2. Recover such expenses and costs of abating the nuisance in a civil action in the court of the appropriate county in Nebraska.

Article 6 – Sexual Predators

SECTION 3-601: DEFINITIONS

For purposes of this ordinance:

“Child care facility” means a facility licensed pursuant to the Child Care Licensing Act;

“Reside” means to sleep, live, or dwell at a place, which may include more than one location and may be mobile or transitory;

“Residence” means a place where an individual sleeps, lives, or dwells, which may include more than one location, and may be mobile or transitory;

“School” means a public, private, denominational, or parochial school which meets the requirements for state accreditation or approval;

“Sex offender” means an individual who has been convicted of a crime listed in Nebr. Rev. Stat. §29-4003 and who is required to register as a sex offender pursuant to the Sex Offender Registration Act; and

“Sexual predator” means an individual required to register under the Sex Offender Registration Act, who has committed an aggravated offense as defined in Neb. Rev. Stat. §29-4001.01 and who has victimized a person 18 years of age or younger.
(Neb. Rev. Stat. §29-4016)

SECTION 3-602: RESIDENCY RESTRICTIONS

It is unlawful for any sexual predator to reside within 500 feet from a school or child care facility. For purposes of determining the minimum distance separation, the distance shall be measured by following a straight line from the outer property line of the residence to the nearest outer boundary line of the school or child care facility. (Neb. Rev. Stat. §29-4017)

SECTION 3-603: EXCEPTIONS

This ordinance shall not apply to a sexual predator who (A) resides within a prison or correctional or treatment facility operated by the state or a political subdivision; (B) established a residence before July 1, 2006, and has not moved from that residence; or (C) established a residence after July 1, 2006, and the school or child care facility triggering the restriction was established after the initial date of the sexual predator's residence at that location. (Neb. Rev. Stat. §29-4017)

Article 7 – Penal Provisions

SECTION 3-701: VIOLATION; PENALTY

Any person who shall violate or refuse to comply with the enforcement of any of the provisions of this chapter, set forth at full length herein or incorporated by reference, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than $500.00 for each offense. A new violation shall be deemed to have been committed every 24 hours of such failure to comply.

SECTION 3-702: ABATEMENT OF NUISANCE

Whenever a nuisance exists as defined in this chapter, the Village may proceed by a suit in equity to enjoin and abate the same in the manner provided by law. Whenever in any action it is established that a nuisance exists, the court may, together with the fine or penalty imposed, enter an order of abatement as a part of the judgment in the case. (Neb. Rev. Stat. §18-1720, 18-1722)