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Article 1 - General Misdemeanors

Article 1 – General Misdemeanors

SECTION 3-101:  CRIMINAL CODE; INCORPORATED BY REFERENCE

SECTION 3-102:  DISCHARGE OF FIREARMS AND OTHER WEAPONS

SECTION 3-103:  sexual predatorS

SECTION 3-104:  DISORDERLY CONDUCT

SECTION 3-105:  LOUD MUSIC, RECORDINGS, RADIOS AND SIMILAR DEVICES; EXCEPTIONS

SECTION 3-106:  CURFEW; DUTY OF PARENT OR GUARDIAN; DEFENSES

Section 3-107:  Posting Notices

section 3-108:  POSTED ADVERTISEMENTS

SECTION 3-109:  APPLIANCE IN YARD

section 3-110:  Obstructing Water Flow

Section 3-111:  Hedges, Vegetation Obstructing View

 

 

 

 

 

SECTION 3-101:  CRIMINAL CODE; INCORPORATED BY REFERENCE

    Except for the penalty sections, the Nebraska Criminal Code, including the statutes generally found in Neb. Rev. Stat. Chapter 28, together with all subsequent amendments thereto, as adopted by the State of Nebraska relating to crimes and punishments, are incorporated by reference into this section and made a part of this chapter as though spread at large herein, except those provisions in conflict with this chapter when the City Council has the authority to alter such regulations.  One copy of the Nebraska Criminal Code and amendments shall be on file at the city office and shall be available for public inspection during office hours.

 

SECTION 3-102:  DISCHARGE OF FIREARMS AND OTHER WEAPONS

 

    It shall be unlawful for any person, except an officer of the law in the discharge of official duty, to discharge a slingshot, air gun, BB gun, paint ball gun, or the like loaded with rock or other dangerous missiles or arrows or to fire or discharge any gun, pistol, or other fowling piece with the city, except that nothing in this section shall be construed to apply to officially sanctioned public celebrations or hunting if the persons so discharging firearms have written permission from the City Council.  (Neb. Rev. Stat. §§17-207, 17-556) (Ord. No. 09-12-04, 12/22/09)

 

SECTION 3-103:  sexual predatorS

 

    A. Definitions.  For purposes of this ordinance:

 

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

 

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

 

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

 

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

 

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

 

        6. “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.

 

    B. 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.

 

    C. 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. §§29-4016, 29-4017) (Ord. No. 06-10, 7/11/06)

 

SECTION 3-104:  DISORDERLY CONDUCT

 

    It shall be unlawful for any person to engage in conduct or behavior which disturbs the peace and good order of the municipality by clamor or noise, intoxication, drunkenness, fighting, or using of obscene or profane language in the streets or other public places or which is otherwise indecent or disorderly conduct or lewd or lascivious behavior.  (Neb. Rev. Stat. §§17-129, 17-556)

 

SECTION 3-105:  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 3-106:  CURFEW; DUTY OF PARENT OR GUARDIAN; DEFENSES

 

    A. It shall be unlawful for any minor under the age of 18 years to loiter, idle, wander, stroll, or play in or upon any of the streets, roads, alleys or parks of the city or other places of public amusement or recreation therein after the hour of 11:00 p.m. and until the hour of 5:00 a.m. of the following day on Sunday through Thursday, and after the hour of 12:30 a.m. and until the hour of 5:00 a.m. on Saturday and Sunday.

    

    B. It shall be unlawful for any parent, guardian, or any adult person having the legal care, custody, or control of any minor under the age of 18 years to allow or permit such minor to loiter, wander, stroll, idle or play in or about any of the places designated in subsection (A) of this section after the hour of 11:00 p.m. and until the hour of 5:00 a.m. of the following day on Sunday through Thursday, and after the hour of 12:30 a.m. and until the hour of 5:00 a.m. on Saturday and Sunday.

 

    C. It is a defense to prosecution under subsections (A) and (B) that the minor was:

    

        1. Accompanied by a parent, guardian, or other adult person having the legal care, custody, or control of such minor;

 

        2. On an errand at the direction of the minor's parent, guardian, or other adult person having the legal care, custody, or control of such minor and was using a direct route;

 

        3. In a motor vehicle involved in interstate travel;

 

        4. Engaged in an employment activity, including but not limited to newspaper delivery, and was using a direct route;

 

        5. Involved in an emergency;

 

        6. On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police officer about the minor's presence;

 

        7. Attending an official school or religious activity or returning home by a direct route from an official school or religious activity;

 

        8. Exercising first amendment rights protected by the United States constitution, such as the free exercise of religion, freedom of speech, or the right of assembly; or

 

        9. Married or had been married or had disabilities of minority removed in accordance with the laws of the State of Nebraska.

 

Section 3-107:  Posting Notices

 

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

 

section 3-108:  POSTED ADVERTISEMENTS

 

    It shall be unlawful for any person to wrongfully and maliciously tear, deface, remove, or cover up the posted adver­tisement or bill of any person, firm, or corporation when said bill or advertisement is rightfully and lawfully posted and the same remains of value.

 

SECTION 3-109:  APPLIANCE 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 safe.  (Neb. Rev. Stat. §18-1720)

 

section 3-110:  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 3-111:  Hedges, Vegetation Obstructing View

 

    The growing or maintaining or permitting the growing of hedges, corn, or other vegetation so tall as to obstruct the view of any private building, business building, street intersection, or private drive is declared to be a nuisance and is hereby prohibited.