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.) (Class 2)
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.) (Class 1)
|
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.) (Class 1, 2 or 3)
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. 16-207,
16-248, 18-806, 28-519 RS Neb.) (Class 2 or 3)
It shall be unlawful for any person to willfully, maliciously,
or negligently place or throw upon the premise of another any filth,
garbage, leaves, papers, or other matter to the annoyance of the owner
or occupant thereon. (Ref. 28-523 RS Neb.)
It shall be unlawful for any minor, as defined by Section 53-102
RS Neb. to transport, knowingly possess, or have under his control
in any motor vehicle, beer or other alcoholic liquor on any public
street, alley, roadway, or property owned by the State of Nebraska
or any subdivision thereof, or any other place within the Municipal
limits. (Ref. 53-102, 53-180.02, 53-180.05 RS Neb.) (Class 3)
It shall be unlawful for any person, firm or corporation to
use the streets, sidewalks or public grounds of the Municipality for
signs, signposts, the posting of hand-bills or advertisements, without
written permission of the Governing Body. (Ref. 16-207, 16-210 RS
Neb.) (Class 5)
It shall be unlawful for any person within the Municipality
to sponsor, or engage in any fight by agreement either as principal
or second; Provided, nothing herein shall be construed to prohibit
boxing exhibitions duly licensed by the State of Nebraska. (Ref. 81-8,
129, 81-8, 142 RS Neb.)
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.) (Class 3)
It shall be unlawful for any person to go upon the private premise
of another to look or peep into any window, door, or other opening
in a building occupied by any other person. (Ref. 16-228 RS Neb.)
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, 28-1321 RS Neb.) (Class 3)
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.
16-210 RS Neb.) (Class 5)
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. 16-207, 16-210, 39-703, 39-704 RS Neb.) (Class
5)
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. 16-210, 16-221 RS Neb.) (Class 5)
It is hereby declared unlawful for any person to solicit upon
the public streets or in any private residences alms, gifts, or contributions
for private benefit unless the person so soliciting shall have first
secured a permit from the Municipal Clerk authorizing him to conduct
such operations within the corporate limits. (Ref. 16-227, 16-229
RS Neb.) (Class 5)
It shall be unlawful for any person under the age of 18 years
to smoke cigarettes or cigars, or to use tobacco in any form whatever.
Any minor so charged with the violation of this Section may be free
from prosecution when he shall have furnished evidence for the conviction
of the person or persons selling or giving him the cigarettes, cigars
or tobacco. (Ref. 28-1418 RS Neb.) (Class 5)
It shall be unlawful for any person to sell, give or furnish,
in any way, any tobacco in any form whatever, or any cigarettes, or
cigarette paper, to any minor under 18 years of age. (Ref. 28-1419
RS Neb.) (Class 3)
[Added by Ord. No. 1078, 12-17-2003]
It shall be unlawful for any person or organization, within
the Municipality:
1. To sell, permit to be sold, or offer for sale tobacco or tobacco
products to any person by means other than vendor-assisted access.
2. To display tobacco or tobacco products in a manner allowing customers
access to tobacco or tobacco products without vendor assistance.
3. To give away, hand out or otherwise distribute free samples of cigarettes
or other tobacco products, or coupons that can be redeemed for free
samples of cigarettes or other tobacco products, or
4. To sell tobacco products in any form except original factory-wrapped
packages.
This ordinance shall not prohibit tobacco vending machines that
are duly licensed and authorized pursuant to Neb. Rev. Stat. Section
28-1429.02 (2); however, it shall be unlawful to commingle tobacco
products and other products for sale from a single vending machine.
(Ref. 28-1429.02 RS Neb.)
|
It shall be unlawful for any person who is not an active member
of the Municipal Fire Department to deface, destroy, handle, or loiter
about the equipment and property of the Fire Department. (Ref. 28-519
RS Neb.) (Class 2 or 3)
It shall be unlawful for any person to consume alcoholic beverages
in the public streets, alleys, roads, highways, or upon any property
owned by the Municipality or other governmental subdivision thereof,
or inside vehicles while upon the public streets, alleys, roads, or
highways, in theatres, dance halls, or any other place open to the
public; Provided, the provisions of this Section shall not apply to
liquor establishments licensed by the State of Nebraska. (Ref. 53-186,
53-1, 100 RS Neb.) (Class 2 or 4)
Every person within this State retailing gasoline, benzine,
kerosene or other high explosives of that nature in less than carload
lots shall deliver the same to the purchaser in barrels, casks, packages
or cans painted vermilion red, and having the word gasoline, benzine,
kerosene or whatever name such explosive is known by plainly printed
thereon in English. Also, every person within this State purchasing
the previously named explosives for his own use shall procure and
keep the same only in barrels, casks, packages or cans painted and
stamped as required above. (Ref. 66-103 through 66-107 RS Neb.) (Class
3)
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, 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. 16-228, 16-229 RS Neb.) (Class 5)
Any person operating, or causing to be operated, any motor,
sign, or other electrical apparatus that is connected with the light
and power system shall equip the apparatus with proper filtering attachments
to eliminate interference; Provided, that the provisions herein shall
not apply to the use of necessary medical equipment or apparatus where
electrical interference cannot be reasonably and safely eliminated.
Any person who so operates, or causes to be operated, any such electrical
apparatus that interferes habitually with radio and television reception
shall be deemed to be guilty of a misdemeanor. (Ref. 16-227, 16-228,
18-1720, 28-1321 RS Neb.) (Class 3)
[Repealed by Ord. No. 795A, 4-21-1987]
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 hours on
any public property; or,
B. For more than 24 hours on any public property, except a portion thereof
on which parking is legally permitted; or,
C. For more than 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 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 $100 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 $100, 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 lien-holder or mortgagee. Any person
claiming such vehicle shall be required to pay the cost of removal
and storage of such vehicle. If the owner, lien-holder or mortgagee,
is known and does not claim the automobile within five 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 removal, storage and sale shall be held without
interest in a separate account for the benefit of the owner of such
vehicle for a period of two 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 a misdemeanor. (Ref. 60-1901 through
60-1911 RS Neb.) (Class 2)
|
It shall be unlawful for any person to knowingly or intentionally
possess any quantity of marijuana, one pound or less. (Ref. 28-416
(4) (6) RS Neb.) (Infraction and Class 3A or 4)
It shall be unlawful for any person, 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.) (Class 2)
It shall be unlawful for any person to subject an animal to
sexual penetration as defined in Subdivision (5) of Section 28-318
RS Neb. (Ref. 28-1003 RS Neb.) (Class 3)
It shall be unlawful for any person to operate any motor vehicle
to flee in such vehicle in an effort to avoid arrest or citation for
the violation of any law of the State of Nebraska constituting a misdemeanor,
infraction, traffic infraction, or any Municipal ordinance, except
nonmoving traffic violations. (Ref. 28-905 (1) (3) RS Neb.) (Class
3)
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.) (Class 1)
It shall be unlawful for any person to:
B. Receive money in connection with any unlawful gambling scheme; or
C. Knowingly participate in any unlawful gambling as a player by placing
a bet.
(Ref. 28-1101 through 28-1104 RS Neb.) (Class 1, 2, or 4)
It shall be unlawful for any person to manufacture, sell, transport,
place, possess or conduct or negotiate any transaction affecting or
designed to affect ownership, custody, or use of any gambling device,
knowing that it shall be used in the advancement of unlawful gambling
activity. (Ref. 28-1107 RS Neb.) (Class 2)
No person in the City shall be found wandering or occupying
lodging or sleeping in any vacant or unoccupied bar, garage, shed,
shop or other building or structure, or in any automobile, truck,
railroad car, or other vehicle, without owning the same or without
permission of the owner or person entitled to the possession of the
same, or sleeping in any vacant lot during the hours of darkness and
not giving a satisfactory account of himself. (Ref. 16-229 RS Neb.)
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. 16-227 RS Neb.) (Class 5)
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. (Ref.
16-227 RS Neb.) (Class 5)
No person within the City shall wear under his clothes or conceal
about his person, or display in a threatening manner, any dangerous
or deadly weapon, including, but not by way of limitations, any firearm,
revolver, slingshot, cross-knuckles, or knuckles of lead, brass or
other metal, or any bowie knife, or any knife resembling a bowie knife,
or any knife with a switch blade or device whereby the blade or blades
can be opened by a flick of a button, pressure on the handle or other
mechanical contrivance.
The prohibition of this Section shall not be construed to forbid
any United States Marshal, sheriff, constable and their deputies and
any regular, Special Police Officers or any other Law Enforcement
Officer from carrying or wearing such weapon when it shall be necessary
in the proper discharge of their duties.
Every person convicted of a violation of this Section shall
forfeit to the City such dangerous or deadly weapon so concealed or
displayed, in addition to any penalty may be imposed under the provisions
hereof by a court of competent jurisdiction. (Ref. 16-227, 28-1202
RS Neb.)
It shall be unlawful for any person under the age of 18 years
to possess a pistol, revolver or any other form of short-barreled
hand firearm; Provided, that it shall be lawful to possess a pistol,
revolver or short-barreled firearm for instruction under the immediate
supervision of a parent, guardian or adult instructor. (Ref. 28-1204
RS Neb.) (Class 3)
It shall be unlawful for any person to discharge any firearm
or weapon using any form of compressed gas as a propellant from any
public highway, road or bridge in this State. (Ref. 28-1335 RS Neb.)
(Class 3)
The prohibitions of Sections
6-733 through
6-737 shall not apply to shooting galleries, or in private grounds or premises under circumstances when such instruments can be fired, discharged or operated in such a manner as not to endanger persons or property and also in such manner as to prevent the projectile from transversing, any grounds or space outside the limits of such gallery, grounds or residence. (Ref. 16-226, 16-227 RS Neb.)
No person in the City shall offer or endeavor to assist any
person who is in the custody of a Police Officer, a member of the
Police Department, or a person duly empowered with police authority,
to escape or attempt to escape from such custody or assist or aid
or attempt to assist or aid any person in the custody of or confined
in the authority of the City to escape from jail, place of confinement
or custody while a prisoner in the City jail or in any other place
where prisoners are confined or otherwise in custody of or confined
by the City, escape or attempt to escape or assist others to escape
or attempt to escape from such custody or confinement. (Ref. 28-912
RS Neb.)
It is hereby declared unlawful for any person to remove, disturb,
or take away from any street, alley, or public grounds any dirt, earth,
stones, or other materials forming a part of such street, alley, or
public grounds without first having obtained written permission to
do so from the Governing Body. (Ref. 16-207, 16-232 RS Neb.)
It shall be unlawful for any person or persons to publicly use
any profane, indecent, abusive, or offensive language or gesture which
is shocking to the public morals, on any street, sidewalk, or public
place within the Municipality. Such use of profane language shall
be deemed to be a misdemeanor. (Ref. 16-228 RS Neb.)
It shall be unlawful for any person to:
A. Furnish information he or she knows to be false to any peace officer
or other official with the intent to instigate an investigation or
an alleged criminal matter or impede the investigation of an actual
criminal matter; or
B. Furnish information he or she knows to be false alleging the existence
of an emergency in which human life or property are in jeopardy to
any hospital, ambulance company, or other person or governmental agency
which deals with emergencies involving danger to life or property;
or
C. 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;
or
D. 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.
(Ref. 28-907 RS Neb.) (Class 1)
It shall be unlawful for any person to fail to give special
consideration to the bearer of a white cane or the user of a guide
dog; and, stop and remain when approaching such bearer until such
time as such bearer has safely reached a position will outside the
course normally used by the operator of the vehicle or other conveyance.
(Ref. 28-1314 RS Neb.) (Class 3)
It shall be unlawful for any person who is eligible to obtain
a permit from the State Fire Marshal, or has a valid or legitimate
need for a permit, to possess or store explosive materials without
such a permit; Provided, this Section shall not be applicable to a
federal licensee of permittee, or to any person who has obtained a
permit from the State Fire Marshal to store or use such explosive
materials, or in the case of a business enterprise, a permit to purchase
such explosive materials. (Ref. 28-1215(2), 28-1216 RS Neb.) (Class
1)
It shall be unlawful for any person, other than those authorized
to do so, to remove any sign, traffic control or traffic surveillance
device placed along a public street, road or highway for traffic control,
warning or informational purposes. Moreover, it shall be unlawful
for any person to possess such a sign or device which has been removed
in violation of this Section. (Ref. 39-619.01 (2) RS Neb.) (Class
2+)
It shall be unlawful for any person to willfully or maliciously
shoot upon the public highway and injure, deface, damage or destroy
any signs, monuments, road markers, traffic control or surveillance
devices or other public notices lawfully placed upon said highways.
(Ref. 39-619.01 (1) RS Neb.) (Class 3)
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.)
|
It shall be unlawful for any person to perform, offer or agree
to perform any act of sexual penetration, as defined in Subdivision
(5) of Section 28-318 RS Neb., with any person not his or her spouse
in exchange for money or other things of value. (Ref. 28-801 RS Neb.)
(Class 5 - Citation in lieu of arrest)
Any person who has or exercises control over the use of any
place which offers seclusion or shelter for the practice of prostitution
and who knowingly grants or permits the use of such place for the
purpose of prostitution commits the offense of keeping a place of
prostitution. (Ref. 28-804 RS Neb.) (Class 1)
[Repealed by Ord. No. 824, 6-7-1988]
No person within the City shall make a public exposure of their
private parts or make any indecent gesture. (Ref. 16-228, 28-806 RS
Neb.)
It shall be unlawful for a minor to engage or utilize the services
of any person, whether for remuneration or not, to procure for such
minor any article which the minor is forbidden by law to purchase.
(Ref. 28-1425, 53-180.01 RS Neb.)
[Amended by Ord. No. 905, 4-21-1992]
It shall be unlawful for any minor under the age of 18 years
to ride in or operate any vehicle in or upon any street, alley, or
other public place, or to loiter, wander, stroll, loaf, or play in
or upon any of the streets, alleys, or other public places between
the hours of 12:30 a.m. and 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
or is on an emergency errand; provided, when an activity of the kind
normally attended by minors under 19 years terminates after or less
than one hour prior to 12:30 a.m. the curfew shall commence one hour
after the termination of such activity. (Ref. 16-246 RS Neb.)
[Amended by Ord. No. 791, 10-7-1986; Ord. No. 1005, 9-1-1998; Ord. No.
1224, 9-4-2018; amended 11-3-2020 by Ord. No. 1261]
1. It shall be unlawful for the owner or occupant of any lot or parcel
of land within the corporate limits of the City to permit or maintain
on such lot or parcel of land or in the adjoining streets, alleys
and adjacent sidewalk spaces, weeds, grasses or worthless vegetation
of a height of 12 inches or more.
2. It is hereby declared to be a nuisance for an owner or occupant of
any lot or parcel of land within the corporate limits of the City
to permit or maintain on such lot or parcel of land or in the adjoining
streets, alleys and adjacent sidewalk spaces, weeds, grasses or worthless
vegetation of a height of 12 inches or more.
3.
(a) 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. Notice
shall be given by first-class mail or personal delivery. Such mail
or notice shall be conspicuously marked as to its importance. In addition
to the first class mail the City, at its sole discretion may post
the door of the property and take a photo to note the date and time.
The notice will be conclusively presumed to have been received by
the owner or occupant two days after the date of mailing same.
(b) Within five days after receipt of such notice, the owner or occupant
of the lot or piece of ground may request a hearing with the City
to appeal the decision to abate or remove a nuisance by filing a written
appeal with the office of the City Clerk. A hearing on the appeal
shall be held within fourteen days after the filing of the appeal
and shall be conducted by a hearing officer selected by the Mayor
from the membership of the Board of Health. The hearing officer shall
render a decision on the appeal within five business days after the
conclusion of the hearing. If the appeal fails, the City may have
such work done.
(c) Within five days after receipt of such notice, if the owner or occupant
of the lot or piece of ground does not request a hearing with the
City or fails to comply with the order to abate and remove the nuisance,
the city may have such work done.
(d) The costs and expenses of any such work shall be paid by the owner.
If unpaid for two months after such work is done, the city may either
(1) levy and assess the costs and expenses of the work upon the lot
or piece of ground so benefited as a special assessment or (2) 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.
4. For purposes of this section:
(a) Weeds includes, but is not limited to, bindweed (Convolvulus arvensis),
puncture vine (Tribulus terrestris), leafy spurge (Euphorbia esula),
Canada thistle (Cirsium arvense), perennial peppergrass (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);
(b) Cultivated flowers and gardens shall be exempt from the height limitation
specified in paragraphs 1 and 2 above, provided that no uncontrolled
growth of such vegetation presents health or safety risks to persons
or structures. Cultivated gardens shall mean areas dedicated to growing
plants in a well-defined location, with growth barriers that effectively
prevent the unintended spread of plants beyond the garden's boundaries,
and maintained at a plant density that does not promote habitat for
snakes, rodents, or other pests.
5. Any owner or occupant of a lot or piece of ground shall, upon conviction
of violating this section, shall be guilty of a Class V misdemeanor.
[Ord. No. 793, 11-11-1986]
1. Definition:
(a) EXTERIOR STORAGE OF NON-OPERATING VEHICLES – For the purpose
of this Section shall be defined as any partially dismantled, wrecked,
junked, discarded or otherwise non-operating motor vehicle.
(b) UTILITY TRAILER – A vehicular structure with or without its
own motive power, exceeding eight feet in length, six feet wide and
five feet in height, primarily designated and used for transportation
of goods and materials, other than people.
2. It shall be unlawful for any person, firm, corporation, personally
or by his/her/its agent lessee or employee to maintain on his/her/its
property non-operating motor vehicles to remain on such property or
to leave any such vehicle on any property within the City of a period
longer than 10 days.
3. It shall be unlawful for any person, firm, corporation, personally
or by his/her/its agent, lessee or employee to maintain, on his/her/its
property or to leave any such utility trailer on any property within
the City for a period longer than 10 days.
4. Provided however, that said section 2 and 3 of the ordinance of this
Article shall not apply with regard to any vehicle/utility trailer
on the premises of a business enterprise operated in a lawful place,
other than a residential district, when the keeping or maintenance
of such vehicle/utility trailer as defined herein is necessary to
the operation of such business enterprise.
5. Any person, firm or corporation, or its agents, employee or lessee
who violate the provision hereof, shall upon conviction be fined not
less than $25 nor more than $500 for each offense, and a separate
offense shall be deemed committed on each day during or on which such
nuisance is permitted to exist.