Article 4. Business Enterprises

§10-401   Falls City Code   §10-403

Article 4. Business Enterprises

§10-401  PLUMBERS; LICENSE REQUIRED.  No person shall hereafter engage in or work at the business of a master plumber or journeyman plumber in the Municipality until he shall have registered as a master plumber or journeyman plumber.  Application for registration shall be made in writing to the Municipal Clerk on forms prepared and furnished by the Clerk, showing the name and residence of the applicant, the business location of the applicant, and such other information as may be required.  (Ref.  18-1911 RS Neb.)

§10-402   PLUMBERS; EXAMINATION.  Before the applicant shall be registered as a master plumber or journeyman plumber he shall submit to an examination to determine his fitness and competency to engage in the business of a master plumber or journeyman plumber, which examination shall be given by the Examining Board as hereinafter provided.  Upon the payment of the required registration fee, such applicant after having by said examination shown himself to the satisfaction of the Examining Board to be fit, competent, and qualified to engage in the business of a master plumber or journeyman plumber and having gained final approval from the Board, shall be registered and given a Plumber's License signed by the Chairman and Secretary of the Board.  (Ref.  18-1907, 18-1910 RS Neb.)

§10-403   PLUMBERS; BOND OR DEPOSIT.  Before a license is issued by the Examining Board, the applicant shall, except as provided otherwise herein, execute and file with the Municipal Clerk a bond, in an amount set by resolution of the Governing Body and on file at the office of the Municipal Clerk, signed by one (1) or more sufficient sureties to be approved by the Governing Body or a surety bond of the same  amount issued by an approved corporate surety company.  Said bond shall contain the condition that the applicant shall defend, save, keep harmless, and indemnify the Municipality from all liabilities, claims, damages, judgments, costs, and expenses of every nature and description caused by the willful or negligent conduct of the plumber while engaged in the business of plumbing.  The obligee of said bond shall be the City of Falls City, Nebraska, and action may be maintained thereon by anyone injured by a breach of the conditions of said bond or of the covenants contained in the required endorsement on said policy of insurance for a period of one (1) year after the completion of the plumbing work.

In lieu of the posting of a bond as aforesaid, cash or a cashier's check drawn on a Nebraska banking institution may be deposited with the Municipal Clerk in the amount set by resolution as is required for a bond. The Clerk shall hold said funds during the period that the license is in full force and effect, and shall continue to hold such funds following the expiration of said license for a period of one (1) year.  No interest shall be paid by the City on the funds so deposited and any interest earned thereon shall be placed in the General Fund for the benefit of the City.

The licensee shall defend, save, keep harmless, and indemnify the Municipality from all liabilities, claims, damages, judgments, costs, and expenses of every nature and description caused by the willful or negligent conduct of the plumber while engaged in the business of plumbing.  The City shall hold said funds in trust and an action may be maintained thereon by anyone injured by a breach of the conditions set forth herein.  (Ref.  17-505 RS Neb.)

§10-404   PLUMBERS; REGISTRATION OF FIRM.  Any firm may be registered hereunder as a master plumber in the name of such firm provided that such firm shall have a master plumber who is duly registered as provided in this Article.  Such master plumber must be a bona fide officer of the firm or an employee who is regularly employed by the firm and is actually engaged in the planning, superintending, and practical installation of plumbing and drainage.  Said master plumber listed and registered by such firm shall be in actual charge of and responsible for the installation, removal, or repair of any plumbing or drainage work done by such firm.  Before the firm shall be registered as a master plumber, there shall be filed with the Chairman of the Examining Board a certificate from the Examining Board showing the fitness and competency of the individual or individuals who are qualified as master plumbers and who shall be in charge of the firm's plumbing and drainage laying activities.  One (1) individual must also qualify as master plumber to enable said firm to  hold a master plumber's license and in case said individual withdraws from or ceases to be connected with the firm, the Examining Board shall forthwith revoke the registration of the firm.  (Ref.  18-1907 RS Neb.)

§10-405   PLUMBERS; EXPIRATION AND RENEWAL OF REGISTRATION.  All licenses shall expire on the first (1st) day of January subsequent to the year in which they are issued, and shall not be assignable. Plumbing Licenses, at the time of their expiration, may be renewed upon the recommendation of the Examining Board, without an examination, upon payment of the required registration fee.  Any plumber failing to renew his license within twenty (20) days after expiration, may, at the discretion of the Board, be required to submit to a new examination before being permitted to engage again in the business of plumbing.  (Ref.  18-1908 RS Neb.) 

§10-406   PLUMBERS; LICENSE REVOCATION.  Any failure of the holder of a plumber's license to directly supervise plumbing work done under him by persons other than holders of such license, or to comply with the Municipal Plumbing Code shall be deemed sufficient cause for revocation of such license.  The Utilities Superintendent is hereby authorized to revoke any such license by written notice to the Municipal Clerk and to such licensee at his last known place of residence.  He is further authorized, in his discretion as an alternative, to suspend the license of any such person until all work done in violation of the Municipal Plumbing Code is corrected. Such revocation may be in addition to other penalties provided.

§10-407   PLUMBERS; PERMITS.  No plumbing work shall be done without first securing a permit therefor from the Municipal Clerk, except that no permit shall be required when the work is of a minor nature and the entire cost in labor and material is less than two hundred fifty dollars ($250.00).  The owner or occupant of a private residence may  perform plumbing work upon the premises when the labor and materials are less than five hundred dollars ($500.00).  All other plumbing work shall be performed by a licensed plumber only. Application for a permit, describing the work to be done, shall be made in writing to the Municipal Clerk by the person installing the work.  The application shall be accompanied by such plans, specifications, and schedules as may be necessary to determine whether the installation as described will be in conformity with the Municipal Plumbing Code.  No deviations may be made from the installation work described in the permit without the written approval of the Plumbing Inspector.  

§10-408   PLUMBERS; EXCEPTIONS.  The provisions of this Chapter relating to plumbers shall not apply to any public utility company or companies serving the Municipality and its inhabitants under a franchise agreement with the Municipality, or its agents and employees, and shall not be construed as a limitation or restriction upon any franchises heretofore granted by the Municipality.  (Ref.  18-1910 RS Neb.) 

§10-409   ELECTRICIANS; LICENSE REQUIRED.  No person shall install any electric apparatus within the corporate limits without first having obtained a license to do so as hereinafter provided.  In addition, no licensed electrical contractor, master electrician, or journeyman electrician may lend his or her license to any person or knowingly permit the use thereof by another.  The Electrical Inspector shall recommend and the Examining Board shall issue licenses to those persons who have been issued a valid and unexpired Electrician's License by the State of Nebraska; Provided, said persons shall have complied with the other terms and conditions precedent to the issuance of licenses as required in this Article. In the event that the applicant holds a license issued by the State of Nebraska, the license required herein shall be in the form of an occupation tax certificate.  Application for a license shall be made to the Utilities Superintendent in writing showing the name and residence of the applicant, the business location of the applicant, and such other information as may be required.  (Ref.  81-566, 81-579 RS Neb.)   

§10-410   ELECTRICIANS; EXAMINATION.  In the event that the applicant is not a holder of a valid and unexpired license issued by the State of Nebraska, or holds a current license which is of a classification less than the classification needed to do the work proposed, the applicant shall submit to an examination to determine his fitness and competency for executing the work covered by the license for which application is made, which examination shall be given by the Examining Board for Electricians.  Upon payment of the required fees, such applicant shall receive such license, after having shown himself to be fit, competent and qualified to the satisfaction of the Examining Board by said examination to receive such license.  Any person who fails to pass the required examination shall not be eligible to take the examination again until six (6) months have elapsed, but within six (6) months he or she may take an examination for a lesser grade of license.   

The examination shall consist of two parts: A.  Written examination, which shall count as fifty percent (50%). B. Personal interview and past experience, which shall count as fifty percent (50%).    

The examination shall be passed to the satisfaction of the Examining Board.  A grade of seventy-five percent (75%) shall be considered as passing.  An examination fee set by resolution of the Governing Body shall be paid to the Utilities Superintendent upon application for a license.  (Ref.  81-592, 81-5,100 RS Neb.)

§10-411   ELECTRICIANS; BOND OR DEPOSIT.  Before a license is issued by the Board of Electrical Examiners, the applicant shall, except as provided otherwise herein, execute and file with the Municipal Clerk a bond, in an amount set by resolution of the Governing Body and on file at the office of the Municipal Clerk, signed by one (1) or more sufficient sureties to be approved by the Governing Body or a surety bond of the same amount issued by an approved corporate surety company.  Said bond shall contain the condition that the applicant shall defend, save, keep harmless, and indemnify the Municipality from all liabilities, claims, damages, judgments, costs, and expenses of every nature and description caused by the willful or negligent conduct of the electrician while engaged in the performance of electrical work.  The obligee of said bond shall be the City of Falls City, Nebraska, and action may be maintained thereon by anyone injured by a breach of the conditions of said bond or of the covenants contained in the required endorsement on said policy of insurance for a period of one (1) year after the completion of any  electrical work.

In lieu of the posting of a bond as aforesaid, cash or a cashier's check drawn on a Nebraska banking institution may be deposited with the Municipal Clerk in the amount set by resolution as is required for a bond.  The Clerk shall hold said funds during the period that the license is in full force and effect, and shall continue to hold such funds following the expiration of said license for a period of one (1) year.  No interest shall be paid by the City on the funds so deposited and any interest earned thereon shall be placed in the General Fund for the benefit of the City.

The licensee shall defend, save, keep harmless, and indemnify the Municipality from all liabilities, claims, damages, judgments, costs, and expenses of every nature and description caused by the willful or negligent conduct of the electrician while engaged in the business of electrical work.  The City shall hold said funds in trust and an action may be maintained thereon by anyone injured by a breach of the conditions set forth herein.  (Ref.  81-2108 RS Neb.)

§10-412   ELECTRICIANS; REGISTRATION OF FIRM.  All firms shall have a master electrician who has met the requirements of the Examining Board and has thereby shown himself qualified to engage in the business of a master electrician, as a bona fide officer or member of such firm.  Before such firm shall be registered in its firm name, as a master electrician, there shall be filed with the Examining Board a certificate from the Examining Board showing the fitness and competency of such officer or member of such firm to engage in the business of master electrician; Provided, that if, after a license is issued to such firm, such master electrician as an officer of such firm shall withdraw therefrom and cease to be connected therewith, then the Examining Board shall forthwith revoke the license of such firm. 

§10-413   ELECTRICIANS; EXPIRATION AND RENEWAL OF CERTIFICATE OF REGISTRATION.  Registration certificates shall expire on the thirty-first (31st) day of December of the year in which they are issued, and shall not be assignable.  Certificates of Registration, at the time of their expiration, may be renewed upon recommendation of the Examining Board, without an examination, upon payment of the required registration fee.  Any person registered as a master electrician who does not renew his Certificate of Registration by July 1 after the expiration of same, shall pay any registration fee required by this Chapter for a master electrician, and shall again prove his qualification to the Examining Board before such person can again be registered hereunder.  (Ref.  81-586 RS Neb.)

§10-414  ELECTRICIANS; LICENSE REVOCATION.  Any failure of the holder of an electrician's license to directly supervise electrical work done under him by persons other than holders of such license, or to comply with the Municipal Electrical Code shall be deemed sufficient cause for revocation of such license.  The Utilities Superintendent is hereby authorized to revoke any such license by written notice to the Municipal Clerk and to such licensee at his last known place of residence.  He is further authorized in his discretion as an alternative, to suspend the license of any such person until all work done in violation of the Municipal Electrical Code is corrected.  Such revocation may be in addition to other penalties provided.

§10-415   ELECTRICIANS; PERMITS.  No electrical work shall be done without first securing a permit therefor from the Municipal Clerk., except that no permit shall be required when the work is of a minor nature and the entire cost in labor and material is less than two hundred fifty dollars ($250.00); Provided, that said electrical work does not include The Main Entrance Panel.  The replacement of the Main Service Entrance Panel shall require an electrical permit.  The owner or occupant of a private residence may perform electrical work on the premises when the labor and materials are less than five hundred dollars ($500.00) and the work does not involve the installation or replacement of The Main Service Entrance.  All other electrical work shall be performed by a licensed electrician only.   Application for a permit, describing the work to be done, shall be made in writing to the Municipal Clerk by the person installing the work.  The application shall be accompanied by such plans, specifications, and schedules as may be necessary to determine whether the installation as described will be in conformity with the Municipal Electrical Code.  No deviations may be made from the installation work described in the permit without the written approval of the Utilities Superintendent.

§10-416   ELECTRICIANS; EXCEPTIONS.  The provisions of this Chapter relating to electricians shall not apply to any public utility company or companies serving the Municipality and its inhabitants under a franchise agreement with the Municipality, or its agents and employees, and shall not be construed as a limitation or restriction upon any franchises heretofore granted  by the Municipality.  (Ref.  81-592 RS Neb.)

§10-417   BUILDING MOVING; REGULATION.  It shall be unlawful for any person, firm, or corporation to move or dismantle any building or structure within the Municipality without written permit to do so.  Application may be made to the Municipal Clerk, and shall include the location of the building to be moved or dismantled, the proposed route, the equipment to be used, and such other information as the Governing Body may require.  The application shall be accompanied by a certificate issued by the County Treasurer to the effect that all the provisions regulating the moving of buildings have been complied with on the part of the owner of the real estate upon which the said building is presently located.  The Municipal Clerk shall refer the said application to the Governing Body for approval of the proposed route over which the said building is to be moved.  Upon approval of the Governing Body, the Municipal Clerk shall then issue the said permit; Provided, that a good and sufficient corporate surety bond, certified check, or cash in an amount set by motion of the Governing Body, but in no event less than five thousand dollars ($5,000.00), and conditioned upon moving or dismantling said building without doing damage to any private or Municipal property is filed with the Municipal Clerk prior to the granting of any permit.  Said permit will be valid for a period of sixty (60) days from the date of its issuance and a new permit will be required for any moving or dismantling after said of termination.  In the event it will be necessary for any licensed building mover to interfere with the telephone or telegraph poles and wires, or a gas line, the company or companies owning, using, or operating the said poles, wires or line shall upon proper notice of at least twenty-four (24) hours, be present and assist by disconnecting the said poles, wires, or line relative to the building moving operation.  The applicant in such case shall first present to the Municipal Clerk a written statement signed by the Utilities Superintendent, the Municipal Engineer, and the local agent of the company whose wires, poles, or fixtures may be affected or disturbed setting forth the estimated expense incident to the necessary changing, cutting, removing, raising, lowering, or handling of such wires, poles or fixtures in the instance of such person or company so affected.  All expense of the said disconnection, removal, or related work shall be paid in advance by the licensee unless such disconnection or work is furnished on different terms as provided in the said company's franchise.  Whenever the moving or dismantling of any building necessitates interference with a water main, sewer main, pipes, or wire, notice in writing of the time and route of the said building moving operation or dismantling operation shall be given to the various officials in charge of the Municipal utility departments who shall proceed in behalf of the Municipality and at the expense of the mover to make such disconnections and do such work as is necessary.  All such disconnections must be capped and sealed and meet the approval of the Building Inspector and Utilities Superintendent.  Upon a finding that all requirements have been complied with, the Municipal Clerk shall then issue a written permit for the move and dismantling specified and shall collect the permit fee set by resolution of the Governing Body and on file at the office of the Clerk.  Such fee shall immediately be deposited in the General Fund.  Nothing herein shall be construed to preclude recovery from the owner of the building or structure so moved or from the person moving the same of any and all damages that may be caused in excess of the amount estimated and deposited.  (Ref.  17-142, 77-1725 RS Neb.) 

§10-418   BUILDING MOVING; DEPOSIT.  At such time as the building moving has been completed, the Municipal Police or Engineer shall inspect the premise and report to the Municipal Clerk as to the extent of damages, if any, resulting from the said relocation and whether any Municipal ordinances have been violated during the said operation.  Upon a satisfactory report from the Municipal Police or Engineer, the Municipal Clerk shall return the corporate surety bond, cash, or certified check deposited by the applicant.  In the event the basement, foundation, sewer line, water line or portion thereof is not properly filled, covered, sealed, capped, or in a clean and sanitary condition, the Governing Body may apply the money deposited for the purpose of defraying the expense of correcting the said conditions.  If the expense of correcting the hazardous condition is greater than the amount of the deposit set by resolution of the Governing Body, as required herein, the Governing Body may recover such excess expense by civil suit or otherwise as prescribed by law.  (Ref.  17-142 RS Neb.)

§10-419   GARBAGE COLLECTION; REGULATION.  It shall be unlawful for any person to own, operate, or participate in the removal of garbage for a fee until and unless the said person has contracted with, or has received a license from, the Governing Body.  Application for a license may be made at the office of the Municipal Clerk upon a blank form supplied by the Municipality.  Said application shall require all information and documents which the Governing Body deems necessary to determine whether or not to grant a license.  If the Municipal Clerk decides to grant the license, he will issue to the applicant the said license which will entitle him to collect, remove, and transport any garbage for a fee in, over, or upon any street or public way in the Municipality.  Any license so issued shall be subject to revocation by the Governing Body after proper notice and a hearing if requested by the licensee.  The said licensee shall be liable for all bonds, fees, and other rules and regulations set by resolution of the Governing Body.  No person having a permit to collect garbage within the Municipality shall refuse to pick up or collect garbage that may be offered.  Every person having a permit to collect garbage shall file a written statement to be approved by the Governing Body showing the maximum rates which will be charged for the collection of garbage.  No increase in such rates shall be permitted unless they are first submitted to and approved by the Governing Body.  Every person engaged in the business of collecting garbage shall have equipment consisting of a truck with a watertight body approved by the Board of Health.  The truck and truck body shall be periodically washed or otherwise cleaned sufficiently to meet the minimum health standards that may be set from time to time by the Board of Health.  If in the opinion of the Board of Health, such equipment is not in the proper state of cleanliness, notice shall be levied on the licensee to the effect that the truck should be cleaned.  An accumulation of three (3) such notices within one (1) year shall be du cause for the Governing Body to revoke the said license.  All garbage collected shall be disposed of at such places as may be prescribed by the Governing Body.  No person hauling trash or garbage shall permit the same to be scattered upon and distributed over any street, alley, or private property.  (Ref.  19-2105 RS Neb.)

§10-420   FIREWORKS VENDOR; REGULATION.  It shall be unlawful for any person or persons to sell fireworks of any description whatsoever, except those permitted by State statute. Permissible fireworks may be sold within the Municipal limits during such times as is allowed by State statute.  Vendors shall comply with all State Statutes and rules and regulations for the sale and display of fireworks and obtain the necessary State license.  In addition, vendors shall secure a license from the Municipality prior to opening for business.  Application shall be filed with the Municipal Clerk upon forms supplied by the Municipality and requesting such information and documents as the Governing Body may deem necessary as to whether or not to grant said license.  The determination to grant a license shall be made by the Municipal Clerk who shall collect the appropriate fee set by resolution of the Governing Body and issue said license. Any license so issued may be revoked at any time by the Governing Body upon proper notice and hearing, if one is requested by the licensee.  Any person giving an exhibition or display of fireworks shall first apply to the State Fire Marshal for a permit to give such exhibition at least fifteen (15) days prior to the desired date. The State Fire Marshal shall, upon being satisfied by an investigation or otherwise that reasonable safety standards are to be undertaken at the proposed exhibition or display, grant such application.  (Ref.  28-1241 through 28-1252 RS Neb.)    

§10-421   RAILROAD COMPANIES; DRAINAGE.  Any railroad company owning, maintaining, or operating a railroad within the Municipality shall construct and keep in repair ditches, drains, and culverts along and under its railroad tracks at all places within the Municipality, where the same may be necessary for the escape of water and the proper draining of the area on either side of the tracks. When any such drain, ditch, or culvert may be necessary, the Governing Body may, by resolution, call upon the railroad company to construct or repair the drain, ditch, or culvert and to place the same in a proper condition for the escape of water.  A copy of such resolution shall be served upon the local agent of the railroad company whose duty it is to construct or keep in repair any such drain, ditch, or culvert within fourteen (14) days after the service thereof.  (Ref.  17-143, 17-144 RS Neb.)

§10-422   RAILROAD COMPANIES; SAFE CROSSING.  It shall be the duty of every railroad company doing business in, or traveling through, the Municipality to keep in a suitable, and safe condition the crossings and right-of-way in the Municipality.  If any such crossing shall at any time fall into disrepair and become unsafe, or inconvenient for public travel, the Governing Body may, by resolution, call upon the said company to make whatever repairs that it may deem necessary to correct the dangerous condition.  Notice of the said resolution shall be served upon the local agent of the said company.  In the event that the railroad shall fail, or neglect to repair, and correct the said condition as aforesaid within thirty (30) days, neglect for each twenty-four (24) hours thereafter shall be deemed, and is hereby made a separate, and distinct offense against the provisions herein.  (Ref.  17-143, 17-144 RS Neb.)

§10-423   RAILROAD COMPANIES; LIGHTING.  It shall be the duty of all railroad companies owning, operating, and maintaining a railroad through the Municipality to sufficiently light all crossings and to install as many signal systems as the Governing Body shall deem necessary at the expense of the said company.  (Ref.  17-143, 17-144 RS Neb.) 

§10-424   RAILROAD COMPANIES; OBSTRUCTING TRAFFIC.  It shall be unlawful for any railroad company, its employees, agents, or servants operating a railroad through the Municipality to obstruct traffic on any public street, except in the event of an emergency, for a longer period at one time than five (5) minutes.  (Ref.  17-143, 17-144 RS Neb.)  

§10-425   RAILROAD COMPANIES; AUTOMATIC SIGNALS.  There shall be a signal which shall be continually sounded by the engineer or fireman in charge of the engine while moving within the Municipality.  Every person running an engine within the Municipality shall sound the engine signal when approaching the crossing of any street and give timely warning to all persons passing or about to pass over the railroad track across any such street.  When ordered by the Governing Body, approved automatic signals shall be installed at designated crossings by the railroad company.  (Ref.  17-143, 17-144 RS Neb.)

§10-426   RAILROAD COMPANIES; DEPOT PLATFORMS.  Any railroad company operating within the Municipality shall, wholly at its own expense, construct and maintain on its depot platforms electric lights at such height and of such power as the Governing Body may be resolution direct.  (Ref.  17-143, 17-144 RS Neb.)

§10-427   TOBACCO; SALES.  It shall be unlawful for any person to sell, keep for sale, or give away any cigars, tobacco, cigarettes, or tobacco product without first obtaining a license as hereinafter provided.  A separate license shall be required for each business making such sales even though the same person may own more than one (1) such business.  Every person desiring a license to sell tobacco products shall file with the Municipal Clerk a written application on application forms supplied by the Municipality and requiring such information as the Governing Body may deem necessary.  The application form shall be accompanied by the annual occupation tax for a retail or a wholesale vendor of tobacco products, as defined by resolution of the Governing Body, and any registration fee set by resolution of the Governing Body.  The license herein provided shall authorize the sale of tobacco products to persons over the age of eighteen (18) years at that place of business described in the license from the date of filing such application to and including the following December 31.  Any licensee who sells, gives, or furnishes to any person under the age of eighteen (18) years, any tobacco material or product shall upon conviction be deemed to be guilty of an offense.  In addition thereto, his license shall be forfeited and revoked, and all rights under the license shall at once cease and terminate.  All moneys collected a license fees under the provisions of this section shall be paid over by the Municipal Clerk to the treasurer of the school district lying wholly or partially within the corporate limits of the Municipality.  In case of a sale of the business where the owner has a license, the Municipal Clerk may authorize such license to be transferred to the purchaser.  In the event of a change of location by the licensee, the Municipal Clerk may transfer such license to the new location.  In the event that the license of any licensee is revoked or forfeited, no new license shall be issued to the licensee until the expiration of one (1) year from the date of such revocation and forfeiture.  (Ref.  28-1021, 28-1031 RS Neb.)

§10-427.01     TOBACCO; LICENSE FOR SALE; APPLICATION; CONTENTS; FEE.    Every person, partnership, limited liability company, or corporation desiring a license to sell tobacco at retail shall file with the Municipal Clerk a written application, on forms provided by the Municipality, stating the name of the person, partnership, limited liability company, or corporation for whom the license is desired and the exact location of the place of business and shall deposit with the application a license fee in the amount of ten dollars ($10.00).  If the applicant is an individual, the application shall include the applicants social security number.  (Ref. 28-1422, 28-1423 RS Neb.) (Ord. #99-130)

 

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