Article 3 General Offenses

Article 3.  General Offenses

 

§6-301     OFFENSES; CRIMINAL TRESPASS.  It shall be unlawful for any person, knowing that he is not licensed or privileged to do so, to:    

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

B.  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.  (Ref.  28-520, 28-521 RS Neb.) 

§6-302  OFFENSES; CRIMINAL MISCHIEF.  It shall be unlawful for any person to damage property of another intentionally or recklessly; or intentionally or recklessly tamper with property of another so as to endanger person or property; or intentionally or maliciously cause another to suffer pecuniary loss by deception or threat.  (Ref.  28-519 RS Neb.)

§6-303  OFFENSES; IMPERSONATING A PEACE OFFICER.  It shall be unlawful for any person to falsely pretend to be a peace officer and perform any act in that pretended capacity. (Ref. 28-610 RS Neb.) 

§6-304   OFFENSES; REFUSING TO AID A PEACE OFFICER.  It shall be unlawful for any person, upon a request by a person known to him to be a peace officer, to unreasonably refuse or fail to aid such peace officer in: 

A.  Apprehending any person charged with or convicted of any offense against any of the laws of this state; or 

B.  Securing such offender when apprehended; or    

C. Conveying such offender to the jail of the county. (Ref. 28-903 RS Neb.)   

§6-305  OFFENSES; OBSTRUCTING A PEACE 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 or judge acting under color of his official authority.  (Ref.  28-906 RS Neb.)

§6-306  OFFENSES; RESISTING ARREST, WITHOUT THE USE OF A DEADLY OR DANGEROUS WEAPON.  It shall be unlawful for any person to intentionally prevent or attempt to prevent a peace officer, acting under color of his official authority, from effecting an arrest on said person or on another, by:

A.   Using or threatening to use physical force or violence against the peace officer of another; or   

B.   Using any other means which creates a substantial risk of causing physical injury to the peace officer or another; or 

C.  Employing means which require substantial force to overcome resistance to effecting the arrest; Provided, that this section shall apply only to those actions taken to resist arrest without the use of a deadly or dangerous weapon.   

It is an affirmative defense to prosecution under this section if the peace officer involved was out of uniform and did not identify himself as a peace officer by showing his credentials to the person whose arrest is attempted.  (Ref.  28-904 RS Neb.)    

§6-307     OFFENSES; INTERFERING WITH A FIREMAN.  A person commits the offense of interfering with a fireman if at any time and place where any fireman is discharging or attempting to discharge any official duties, he willfully: 

A.   Resists or interferes with the lawful efforts of any fireman in the discharge or attempt to discharge an official duty; or    

B.   Disobeys the lawful orders given by any fireman while performing his duties; or

C.   Engages in any disorderly conduct which delays or prevents a fire from being extinguished within a reasonable time; or

D.   Forbids or prevents others from assisting or extinguishing a fire or exhorts another person, as to whom he has no legal right or obligation to protect or control, not to assist in extinguishing a fire. (Ref. 28-908 RS Neb.)    

§6-308   OFFENSES; FALSE REPORTING. It shall be unlawful for any person to:

(1)     Furnish material information he or she knows to be false to any peace officer or other official with the intent to instigate an investigation of an alleged criminal matter or impede the investigation of an actual criminal matter;

(2)     Furnish information he or she knows to be false alleging the existence of the need for the assistance of an emergency medical service or out-of-hospital emergency care provider or an emergency in which human life or property are in jeopardy to any hospital, emergency medical service, or other person or governmental agency;

 (3)     Furnish any information, or cause such information to be furnished or conveyed by electric, electronic, telephonic, or mechanical means, knowing the same to be false concerning the need for assistance of a fire department or any personnel or equipment of such department;

(4)     Furnish any information he or she knows to be false concerning the location of any explosive in any building or other property to any person;

(5)     Furnish material information he or she knows to be false to any governmental department or agency with the intent to instigate an investigation or to impede an ongoing investigation which actually results in causing or impeding such investigation.

A person who violates this section commits the offense of false reporting.  (Ref. 28-907 RS Neb.)  (Ord. #99-125)

§6-309     OFFENSES; ASSAULT IN THE THIRD DEGREE.  It shall be unlawful for any person to intentionally, knowingly, or recklessly cause bodily 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.  (Ref.  28-310 RS Neb.)

§6-310     OFFENSES; 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. 

§6-311     OFFENSES; DISTURBING THE PEACE.  It shall be unlawful for any person to intentionally disturb the peace and quiet of any person, family or neighborhood.  (Ref.  28-1322 RS Neb.)    

§6-312     OFFENSES; DISORDERLY CONDUCT.  It shall be unlawful for any person to engage in conduct or behavior which disturb the peace and good order of the Municipality by clamor or noise, intoxication, drunkenness, fighting, using of obscene or profane language in the streets or other public places, or is otherwise indecent or disorderly conduct or lewd or lascivious behavior.  (Ref.  17-129, 17-556 RS Neb.) 

§6-313     OFFENSES; PUBLIC INDECENCY.  It shall be unlawful for any person, eighteen (18) years of age or over, to perform or 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 Subdivision (5) of section 28-318 RS Neb.; or

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 another person of the same or opposite sex. (Ref.  28-806 RS Neb.)    

§6-314     OFFENSES; THEFT.  The terms and definitions applied in this section shall be in conformance with section 28-509 RS Neb.  It shall be unlawful for any person to: 

A.   Take or exercise control over movable property of another with the intent to deprive him thereof; or   

B.   Transfer immovable property of another or any interest therein with the intent to benefit himself or another not entitled thereto; or

C.   Fail to return leased or rented movable property to the lessor after the expiration of a written lease or written rental agreement, if done with intent to deprive, and is such lessee has been mailed notice by certified mail that such lease or rental agreement has expired and he has failed within ten (10) days after such notice to return such property; or   

D.   Obtain the property of another by deception, as defined by section 28-512 RS Neb; or   

E.   Obtain the property of another by threatening to:   

1.   Inflict bodily injury on anyone or commit any other criminal offense; or    

2.   Accuse anyone of a criminal offense; or   

3.   Expose any secret tending to subject any person to hatred, contempt or ridicule, or to impair his credit or business repute; or

4.   Take or withhold action as an official, or cause an official to take or withhold action; or    

5.   Bring about or continue a strike, boycott, or other collective unofficial action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act; or

6.   Testify or provide information or withhold testimony or information with respect to another's claim or defense.  It is an affirmative defense to prosecution based on subdivision 2, 3, or 4 of the above subsection, that the property obtained by threat of accusation, exposure, lawsuit or other invocation of official action was honestly claimed as restitution or indemnification for harm done in the circumstances to which such accusation, exposure, lawsuit or other official action relates, or as compensation for property or lawful services; or    

F.  Come into control of property of another that he knows to have been lost, mislaid, or delivered under a mistake as to the nature or amount of the property or the identity of the recipient if, with intent to deprive the owner thereof, he fails to take reasonable measures to restore the property to a person entitled to have it; or

G.   Obtain services which he knows are available only for compensation, by deception or threat, or by false token or other means to avoid payment for the service; or

H.   Have control over the disposition of services of others, to which he is not entitled, and diverts such services to his own benefit or to the benefit of another not entitled thereto; or    

I.   Make, possess, sell, give, transfer, offer for sale or advertise for sale any device, instrument, apparatus or equipment designed or which can be used to obtain telecommunications service fraudulently or to conceal from any supplier or telecommunications service or from any lawful authority the existence or place of origin or of destination of any telecommunication; or    

J.   Receive, retain or dispose of movable property to another knowing that it has been stolen, or believing that it has been stolen, unless the property is received, retained or disposed with intention to restore it to the owner. (Ref. 28-509 through 28-515, 28-517 RS Neb.)

§6-315     OFFENSES; SHOPLIFTING.  A person commits the crime of theft by shoplifting when he or she, with the intent of appropriating merchandise to his or her own use without paying for the same or to deprive the owner of possession of such property or its retail value, in whole or in part, does any of the following:

(a)  Conceals or takes possession of the goods or merchandise of any store or retail establishment;

(b)  Alters the price tag or other price marking on goods or merchandise of any store or retail establishment;

(c) Transfers the goods or merchandise of any store or retail establishment from one container to another;   

(d)  Interchanges the label or price tag from one item of merchandise with a label or price tag from another item of merchandise; or 

(e)  Causes the cash register or other sales recording device to reflect less than the retail price of the merchandise.

In any prosecution for theft by shoplifting, in order to allow the owner of owners of shoplifted property the use of such property pending criminal prosecutions, photographs of the shoplifted property may be accepted as prima facie evidence as to the identity of the property.  Such photograph shall be accompanied by a written statement containing the following:

(a) A description of the property;  

(b) The name of the owner or owners of the property;

(c) The time, date, and location where the shoplifting occurred;

(d) The time and date the photograph was taken;

(e) The name of the photographer; and

(f) Verification by the arresting officer.

Prior to allowing the use of shoplifted property as provided in this section, legal counsel for the alleged shoplifter shall have a reasonable opportunity to inspect and appraise the property and may file a motion for retention of the property, which motion shall be granted if there is any reasonable basis for believing that the photographs and accompanying affidavit may be misleading.  (Ref.  28-511.01 RS Neb.)  

§6-316     OFFENSES; OPEN CONTAINERS, ALCOHOL; PROHIBITED.  It shall be unlawful for any person to possess or have in their possession upon any public property, or in any vehicle upon any street, highway or alley, any open container which contains any form of an alcoholic beverage unless authorized by the governing body having jurisdiction over such public property. Ordinance 2017-102)

§6-317     OFFENSES; DISCHARGE OF FIREWORKS AND FIRECRACKERS.  It shall be unlawful for any person to discharge, light or ignite any fireworks or firecrackers within the corporate limits of the City of Falls City, Nebraska, except that permissible fireworks as defined by the laws of the State of Nebraska may be discharged, lit or ignited during the period that the same may be sold within the State of Nebraska and for the seventy-two (72) hour period immediately thereafter.    

§6-318     OFFENSES; CURFEW.  It shall be unlawful for any minor under the age of eighteen (18) years to be upon any of the streets, alleys, or other public places whether on foot or in a vehicle between the hours of twelve o'clock (12:00) Midnight and five o'clock (5:00) A.M.  of any day unless accompanied by a parent, guardian or other adult person having the care, custody or control of said minor, or the minor is engaged in lawful employment. 

§6-319     OFFENSES; DISCHARGE OF FIREARMS.  It shall be unlawful for any person, except an officer of the law in the discharge of his official duty, to fire or discharge any gun, pistol, or other fowling piece within the Municipality; Provided, nothing herein shall be construed to apply to officially sanctioned public celebrations if the persons so discharging firearms have written permission from the Governing Body.  (Ref.  17-556 RS Neb.)    

§6-320     OFFENSES; SLINGSHOTS, AIR GUNS, BB GUNS.  It shall be unlawful for any person to discharge a slingshot, air gun, BB gun, or the like loaded with rock or other dangerous missiles at any time or under any circumstances within the Municipality, except the Governing Body upon written application may waive the provisions of this section for gun safety courses conducted by a gun safety instructor or community service organization.  (Ref.  17-2 RS Neb.)

§6-321     OFFENSES; WEEDS, LITTER, STAGNANT WATER

1)  Lots or pieces of ground within the Municipality shall be drained or filled so as to prevent stagnant water or any other nuisance accumulating thereon.

(2)  Except as provided in Subsection (8) of this section, the  owner or occupant of any lot or piece of ground within the Municipality shall keep the lot or piece of ground and the adjoining street and alleys free of any growth of twelve inches (12") or more in height of weeds, grasses, or worthless vegetation.

(3)  The throwing, depositing, or accumulation of litter on any lot or piece of ground within the Municipality is prohibited; provided, that grass, leaves, and worthless vegetation may be used as a ground mulch or in a compost pile.

(4)  Except as provided in Subsection (7) of this section, it  is hereby declared to be a nuisance to permit, allow, or maintain any growth of twelve inches (12") or more in height of weeds, grasses, or worthless vegetation or to litter or cause litter to be deposited or remain thereon except in proper receptacles.

(5) Notice to abate and remove such nuisance shall be given to each owner or owner's duly authorized agent and to the occupant, if any, by personal service or certified mail.  If notice by personal service or certified mail is unsuccessful, notice shall be given by publication in a newspaper of general circulation in the city or by conspicuously posting the notice on the lot or ground upon which the nuisance is to be abated and removed.  Within five (5) days after receipt of such notice or publication or posting, whichever is applicable, if the owner or occupant of the lot or piece of ground does not request a hearing with the Municipality or fails to comply with the order to abate and remove the nuisance, the Municipality may have such work done.  The costs and expenses of any such work shall be paid by the owner.  If unpaid for two (2) months after such work is done, the Municipality may either (a) levy and assess the costs and expenses of the work upon the lot or piece of ground so benefitted in the same manner as other special taxes for improvements are levied and assessed or (b) recover in a civil action the costs and expenses of the work upon the lot or piece of ground and the adjoining streets and alleys.

(6) For purposes of this section:

(a) Litter shall include, but not limited to:  (i) Trash, rubbish, refuse, garbage, paper, rags and ashes;  (ii) Wood, plaster, cement, brick, or stone building rubble;  (iii) Grass, leaves, and worthless vegetation;  (iv) Offal and dead animals; and (v) Any machine or machines, vehicle or vehicles, or parts of a machine or vehicle which have lost their identity, character, utility, or serviceability as such through deterioration, dismantling, or the ravages of time, are inoperative or unable to perform their intended functions, or are cast off, discarded, or thrown away or left as waste, wreckage, or junk; and

(b)  Weeds shall include, but not be limited to, bindweed (convolvulus arvensis), puncture vine (Tribulus terrestris), leafy spurge (Euphorbia esula), Canada thistle (Cirsium arvense), perennial pepper grass (Lepidium draba), Russian knapweed (Centaurea Picris), Johnson grass (sorghum halepense), nodding or musk thistle, quack grass (Agropyron repens), perennial sow thistle (Sonchus arvensis), horse nettle (Solanum carolinense), bull thistle (Cirsium lanceolatum), buckthorn (Rhamnus sp.) (tourn), hemp plant (cannabis sativa), and ragweed (Ambrosiaceae).

(7)  It is hereby declared to be a nuisance to permit or maintain any growth of eight (8) inches or more in height of weeds, grasses, or worthless vegetation on any lot or piece of ground located within the corporate limits of the Municipality during any calendar year if, within the same calendar year, the Municipality has, pursuant to subsection (5) of this section, acted to remove weeds, grasses, or worthless vegetation exceeding twelve (12) inches in height on the same lot or piece of ground and had to seek recovery of the costs and expense of such work from the owner.

(8)  Any owner or occupant of a lot or piece of ground shall upon conviction of violating this section, be guilty of an offense.(Ord. #2009-107)

§6-322     OFFENSES; DISEASED OR DYING TREES.  All trees 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 are hereby declared to be a public nuisance and shall be removed from the private property on which they are located upon notice by the Municipal Police.  For the purpose of carrying out the provisions of this section, the Municipal Police shall have the authority to enter on private property to inspect the trees thereon.  In the event that the trees are diseased or dead, notice shall be given to the owner of the property by mail or personal service and such notice shall allow the said owner ten (10) days to remove and burn the said tree or trees.  In the event that the owner is a nonresident, notice shall be made by publication in a newspaper of general circulation, or by mail if the name and address is known.  The person charged with the removal and burning may enter into an agreement with the Municipality that such work be accomplished by the Municipality and the expense and interest shall be declared to be a lien upon such property from the time the same becomes due until paid.  If the owner fails, neglects, or refuses to enter into such an agreement, or to remove the trees, the Municipal Police may enter upon the property and proceed to direct the removal and burning of the trees and the cost thereof shall be chargeable to the property owner.  If the owner fails to reimburse the Municipality after being properly billed, the costs shall be assessed against the property and certified by the Municipal Clerk to the County Treasurer to be collected in the manner prescribed by law.  In the event the property owner is a nonresident of the county in which the property lies, the Municipality 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.  The last known address shall be that address listed on the current tax rolls at the time such required notice was first published.  Failure to remove and burn the said trees shall be deemed to be a misdemeanor.  (Ref.  18-1720 RS Neb.)

§6-323     OFFENSES; INJURY TO TREES.  It shall be unlawful for any person to purposely or carelessly, and without lawful authority, cut down, carry away, injure, break down, or destroy any fruit, ornamental, shade or other tree or trees standing or growing on any land belonging to another person or persons or on any public land in the corporate limits.  Any public service company desiring to trim or cut down any tree, except on property owned and controlled by them, shall make an application to the Governing Body to do so, and the written permit of the Governing Body in accordance with their decision to allow such an action shall constitute the only lawful authority on the part of the company to do so.  (Ref.  28-519 RS Neb.)    

§6-324     OFFENSES; 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 shall first remove all doors and make the same reasonably safe.  (Ref.  18-1720 RS Neb.)

§6-325  OFFENSES; LITTERING

(1)  Any person who deposits, throws, discards, or otherwise disposes of any litter on any public or private property or in any waters commits the offense of littering unless:   

(a)  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

(b)  The litter is placed in a receptacle or container installed on such property for such purpose.

(2)  The word litter as used in this section shall mean all waste material susceptible of being dropped, deposited, discarded or otherwise disposed of by any person upon any property in the state but does not include wastes of primary processes of farming or manufacturing.  Waste material as used in this section shall mean any material appearing in a place or in a context not associated with that material's function or origin. 

(3)  Whenever litter is thrown, deposited, dropped, or dumped from any motor vehicle or water craft in violation of this section, the operator of such motor vehicle or water craft commits the offense of littering.  (Ref.  28-523 RS Neb.) Amended Ord.  95-110.

§6-326     OFFENSES; POSTING.  It shall be unlawful for any person to post, paste, or paint any sign, advertisement, or other writing of any nature upon a fence, pole, building, or other property without the written permission of the owner of the said property.

§6-327    OFFENSES; MAINTAINING A NUISANCE.  It shall be unlawful for any person to erect, keep up or continue and maintain any nuisance to the injury of any part of the citizens of the Municipality.  (Ref.  18-1720, 28-1321 RS Neb.)

§6-328   OFFENSES; PROHIBITED FENCESIt shall be unlawful for any person to erect, or cause to be erected, and maintain any barbed wire or electric fence within the corporate limits, where such fence abuts a public sidewalk, street or alley.

6-329     OFFENSES; STREET GAMES.  It shall be unlawful for any person to play catch, bat a ball, kick or throw a football, or to engage in any exercise or sport upon the Municipal streets and sidewalks.  Nothing herein shall be construed to prohibit or prevent the Governing Body from ordering from time to time certain streets and public places blocked off for the purpose of providing a safe area to engage in such exercise and sport.  (Ref.  17-142, 17-557 RS Neb.) 

§6-330   OFFENSES; OBSTRUCTION OF PUBLIC WAYS.  It shall be unlawful for any person to erect, maintain, or suffer to remain on any street or public sidewalk a stand, wagon, display, or other obstruction inconvenient to, or inconsistent with, the public use of the same.  (Ref.  17-142, 17-555, 17-557, 39-703, 39-704 RS Neb.)

§6-331     OFFENSES; 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.  (Ref.  17-555, 17-970 RS Neb.)

6-332      OFFENSES; ABANDONED AUTOMOBILES.  It shall be unlawful to abandon any automobile on the Municipal streets, highways, alleys, parks or other property.  An automobile shall be deemed to be abandoned if left unattended:    

A.   With no number plates affixed thereto, for more than six (6) hours on any public property; or,   

B.   For more than twenty-four (24) hours on any public property, except a portion thereof on which parking is legally permitted; or, 

C.   For more than forty-eight (48) hours, after the parking of such vehicle shall have become illegal, if left on a portion of a public property on which parking is legally permitted; or,

D.   For more than seven (7) days on private property if left initially without permission of the owner, or after permission of the owner shall be terminated.

The title to any automobile so abandoned which at the time of such abandonment, has no number plates of the current year affixed and is of a wholesale value, taking into consideration the condition of such vehicle, of one hundred dollars ($100.00) or less, shall immediately vest in the Municipality.  In the event the automobile is licensed for the current year or is of a wholesale value of over one hundred dollars ($100.00), the Municipal Police shall make a reasonable effort to contact the owner of the said automobile by sending a notice to the registered owner, if known; by sending an inquiry to the county it is registered in, if the owner is unknown; or by contacting the Director of Motor Vehicles, if the car is without license plates and the owner is unknown.  If notified by the Director of Motor Vehicles that a lien or mortgage exists on said vehicle, notice shall also be sent to the lienholder or mortgagee.  Any person claiming such vehicle shall be required to pay the cost of removal and storage of such vehicle.  If the owner, lienholder or mortgagee, is known and does not claim the automobile within five (5) days after the date when the notice was mailed, or upon receiving word from the Director of Motor Vehicles that the owner is unknown, title will immediately vest in the Municipality and the automobile may be sold.  Any proceeds from the sale of the automobile less any expenses incurred by the Municipality in such sale shall be held without interest for the benefit of the owner of such vehicle for a period of two (2) years.  If not claimed within such period of time, the proceeds shall then be paid into the General Fund.

For purposes of this section, public property shall mean any public right-of-way, street, highway, alley, park or other state, county or Municipally-owned property; and private property shall mean any privately-owned property which is not included within the definition of public property.  

Any person who abandons an automobile as hereinbefore defined shall be deemed to be guilty of an offense.  (Ref.  60-1901 through 60-1911 RS Neb.)

§6-333  KEEPING OF UNREGISTERED, WRECKED OR JUNKED VEHICLES UNLAWFUL; EXCEPTION;  It shall be unlawful for any person in charge or control of any property within the city, whether as owner, tenant, occupant, lessee, or otherwise, to allow any nonoperating, wrecked, junked, or partially dismantled vehicle to remain on such property longer than 5 days.  It shall be unlawful for any person in charge or control of any property within the city, whether as owner, tenant, occupant, lessee, or otherwise, to allow any vehicle for which licensing and registration is required by law, which has been unregistered for more than thirty days, to remain on such property.  This section shall not apply to a vehicle in an enclosed building, a vehicle on the premises of a business enterprise operated in a lawful place and manner, when necessary to the lawful operation of such business enterprise, or a vehicle in an appropriate storage place or depository maintained in a lawful place and manner, or a vehicle inside a completely enclosed privacy fence, or a vehicle on the premises of a person who has obtained a hobbyist permit for the restoration of said vehicle.  Each day that a violation of any of the provisions of this section continues shall constitute a distinct offence and shall be punishable as such. (Added by Ordinance 96-126)

§6-334     HOBBYIST PERMIT.  A hobbyist permit for the restoration or repair of up to two non-operating, wrecked, junked, or partially dismantled vehicles on any premises used for residential purposes may be granted to the resident of such premises as follows:

(a)  Application for the hobbyist permit shall be filed in writing with the City Clerk on a form provided by the City and shall contain the name and address of the applicant and the make, model, year and vehicle identification number of each vehicle to be restored or repaired.

(b)  The vehicle(s) to be restored or repaired shall be owned by the applicant.

(c)  The application fee for such hobbyist permit shall be $25.00 per vehicle payable at the time of filing the application and shall not be refundable.

(d)  Upon the filing of the application with the Municipal Clerk, the Municipal Clerk shall thereupon set the same for hearing before the Governing Body by causing a notice to be published in a legal newspaper of general circulation in the Municipality, at least ten (10) days prior to such hearing.  At the hearing any persons having objections to the issuance of a permit shall be heard by the Governing Body.  Following the hearing the Governing Body shall approve or disapprove said application.  Upon approval of said application, the Municipal Clerk shall thereupon issue a permit to the applicant.

(e)  All such permits shall expire on the 180th day following the date of issuance thereof and shall be non-renewable.

(f)  Any person may request review of the permit by the Governing Body.  Any permit issued hereunder may be revoked by the Governing Body if the Governing Body shall find upon hearing that the holder of said permit has allowed the premise to become injurious to the public health, safety or welfare.  Notice of the hearing for revocation of a permit shall be given in writing by first class mail to the holder at least ten (10) days prior to said hearing.  If a permit is revoked, no new permit may be issued to the holder or for the property for a period of one year from the date of revocation. (Added by Ord. 96-126) (Amended: Ord. #2004-103) 

§6-336    OFFENSES: FAILURE TO COMPLY WITH ORDER OF POLICE OFFICER.  It shall be unlawful for any person to willfully fail or refuse to comply with any lawful order or direction of a police officer.  (Reference 17-124, RS Neb.) (Ord. #97-105)

 

 

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