[Adopted as Ch. 6, Art. 3, §§ 6-305 through
6-311 and §§ 3-363 and 3-365, of the 1976 Code]
It shall be unlawful for any person to trespass upon any private
grounds within the municipality, or to break, cut, or injure any tree,
shrub, plant, flower, or grass growing thereon, or without the consent
of the owner or occupant to enter upon an improved lot or grounds
occupied for residence purposes and to loiter about the same. (Neb.
RS 28-520, 28-521)
It shall be unlawful for any person to intentionally or knowingly
occupy, or be present in or upon, a business parking lot when the
business establishment served by said parking lot is not open to the
public, and when appropriate signs are posted in or upon said parking
lot prohibiting such occupancy or presence, and bearing, at a minimum,
the words "NO TRESPASSING."
It shall be unlawful for any person within the corporate limits
to purposely or willfully injure in any manner or destroy any real
or personal property of any description belonging to another.
Any person breaking, mutilating or obstructing any lamps, electroliers,
or lights in the City shall be guilty of an offense.
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 entirely
in money or entirely property of the value of less than $500, shall
be deemed to be guilty of a violation of this section.[2] (Neb. RS 28-512, 28-514)
[Added 9-21-1982 by Ord.
No. 24-82]
A.
A person commits the crime of theft by shoplifting when he or she,
with the intent of appropriating goods or merchandise to his or her
own use without paying for the goods or merchandise or to deprive
the owner of possession of such goods or merchandise or its retail
value, in whole or in part, does any of the following:[1]
(1)
Conceals or takes possession of the goods or merchandise of
any store or retail establishment;
(2)
Alters the price tag or other price marking on goods or merchandise
of any store or retail establishment;
(3)
Transfers the goods or merchandise of any store or retail establishment
from one container to another;
(4)
Interchanges the label or price tag from one item of merchandise
with a label or price tag from another item of merchandise;
(5)
Causes the cash register or other sales recording device to
reflect less than the retail price of the goods or merchandise; or
(6)
Alters, bypasses, disables, shields, or removes any security
or alarm device attached to or housing any goods or merchandise of
any store, including the use or possession of a security device countermeasure
as defined in Neb. RS 28-511.03, prior to purchase of the goods or
merchandise.
B.
In any prosecution for theft by shoplifting, in order to allow the
owner or 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:
C.
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.
(Neb. RS 28-511.01, 28-514)
Any person who willfully or maliciously sets on fire any property
when the injury or damage therefrom shall be of a less value than
$500 shall be deemed to be guilty of a violation of this section.
(Neb. RS 28-504)
[Amended 1-17-1978 by Ord. No. 1120]
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 it, shall make an application to the governing
body to do so, and the written permit of the governing body 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. (Neb. RS 28-519)
It shall be unlawful for any person to willfully, maliciously,
or negligently place or throw upon the premises of another any filth,
garbage, leaves, papers, or other matter to the annoyance of the owner
or occupant thereon. (Neb. RS 28-523)
Except as otherwise provided herein, any person who violates
the prohibitions or provisions of this article shall be deemed guilty
of a violation. The penalty for such violation shall be an amount
not to exceed $500 for any one offense, recoverable with costs, and
in default of said payment the offender shall stand committed to the
County Jail until such fine and costs are paid. Each period of 24
hours during or on which a violation occurs or continues shall be
deemed a separate offense.
