[HISTORY: Adopted by the City Council of
the City of Papillion 7-15-1997 by Ord. No. 1249 (Ch. 6, Art. 3, Sec.
309). Amendments noted where applicable.]
NEBRASKA STATUTE REFERENCES
Section 104-7 — Neb. R.R.S.
§ 81-829.50.
[Amended 6-2-2020 by Ord. No. 1886; 12-15-2020 by Ord. No. 1906]
A.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular,
and words in the singular number include the plural. The word "shall"
is always mandatory and not merely directory.
B.
EMERGENCY
ESTABLISHMENT
JUVENILE or MINOR
PARENT
PUBLIC PLACE
REMAIN
TIME OF NIGHT
For the purposes of this chapter, the following terms, phrases, words
and their derivations shall have the meaning given herein:
Any event or the imminent threat thereof which causes or
threatens to cause serious damage, injury, or loss of life or property
resulting from any natural or man-made cause which requires immediate
action to effectively prevent, minimize, or respond to the event or
threat of the event.
Any privately owned place of business operated for a profit
to which the public is invited, including but not limited to any place
of amusement or entertainment.
Any unemancipated person under the age of 18 or, in equivalent
phrasing often herein employed, any person 17 or less years of age.
Any person having legal custody of a juvenile as a natural
or adoptive parent, as a legal guardian, as a person who stands in
loco parentis or as a person to whom legal custody has been given
by the court order.
Any place to which the public or a substantial group of the
public has access and includes, but is not limited to, streets, common
areas of schools, shopping centers, parking lots, parks, playgrounds,
transportation facilities, theaters, restaurants, shops, bowling alleys,
taverns, cafes, arcades and similar areas that are open to the use
of the public. As a type of public place, a street is a way or place,
of whatever nature, open to the use of the public as a matter of right
for purposes of vehicular travel or in the case of a sidewalk thereof
for pedestrian travel. "Street" includes that legal right-of-way,
including but not limited to the cartway of traffic lanes, the curb,
the sidewalks, whether paved or unpaved, and any grass plots or other
grounds found within the legal right-of-way of a street.
To stay behind, to tarry and to stay unnecessarily in a public
place.
Referred to herein is based upon the prevailing standard
of time generally observed at that hour by the public in the City;
prima facie the time then observed in the City administrative offices
and police stations.
It shall be unlawful for any person 17 years
or less of age (under 18) to be or remain in or upon a public place
within the City of Papillion during the period ending at 6:00 a.m.
and beginning at 11:00 p.m.
A.
The following shall constitute valid exceptions to
the operation of this chapter:
(1)
When a juvenile is accompanied by a parent of such
juvenile.
(2)
When a juvenile is accompanied by an adult authorized
by a parent of such juvenile to take said parent's place in accompanying
said juvenile for a designated period of time and purpose within a
specified area.
(3)
When the juvenile is on an errand as directed by his
or her parent until the hour of 12:30 a.m.
(4)
When a juvenile is exercising First Amendment rights
protected by the United States Constitution, such as the free exercise
of religion, freedom of speech and the right of assembly, by first
delivering to the person designated by the City's Chief of Police
to receive such information, a written communication, signed by the
juvenile and countersigned, if practicable, by a parent of the juvenile
with their home address and telephone number, specifying when, where
and in what manner the juvenile will be in a public place during hours
when this chapter is applicable to said minor in the exercise of a
First Amendment right specified in such communication.
(5)
When a juvenile is on the sidewalk or property where
the juvenile resides, or on either side of or across the street from
the place where the juvenile resides and the adult owner or residence
of that property has given permission for the juvenile to be there.
(6)
When a juvenile is returning home by a direct route
(without any unnecessary detour or stop) from and within one hour
of the termination of a school activity or an activity of a religious
or other voluntary association, or a place of public entertainment,
such as a movie, play or sporting event.
(7)
When the juvenile is legally employed and carries
a certified card of employment.
(8)
When the juvenile is, with parental consent, engaged
in normal interstate travel through the city of originating or terminating
in the city.
(9)
When the juvenile is married or has been married pursuant
to state law or is an active member of the United States military
service.
B.
Each of the foregoing exceptions and their several
limitations such as provisions for notification are severable, as
hereinafter provided but here reemphasized, and will be considered
by the Council when warranted by future experience illuminated by
the views of student government associations, school personnel, citizens,
associations, parents, officers and persons in authority concerned
positively with juveniles as well as with juvenile delinquency.
The City Council shall continue its evaluation
and updating of this chapter through methods including but not limited
to:
A.
Within six months after the implementation of this
chapter, the Chief of Police shall provide the City Council with a
report concerning the effect of this chapter on crimes committed by
and against minors, and of the number of warnings issued and arrests
of minors and such other information as Council may request.
Notice of the existence of this chapter and
of the curfew regulations established by it shall be posted in, on
or about such public or quasi-public places as may be determined by
the Chief Executive or the Police Department in order that the public
may be constantly informed of the existence of this chapter and its
regulations.
[Amended 5-5-1998 by Ord. No. 1264; 6-2-2020 by Ord. No. 1886; 12-15-2020 by Ord. No. 1906]
Any person who violates any of the prohibitions or provisions
of any section of this chapter or any rules, regulations, or orders
of the Mayor under this chapter shall be deemed guilty of a misdemeanor.
Unless otherwise specified in the particular section for which the
person stands convicted of violating, the penalty for such violation
shall be a fine in any sum not exceeding $500 or imprisonment not
exceeding 90 days, or both said fine and imprisonment at the discretion
of the sentencing court.
[Added 6-2-2020 by Ord. No. 1886; 12-15-2020 by Ord. No. 1906]
The Mayor may, upon the occurrence or imminent threat of an
emergency, issue a proclamation declaring an emergency within the
City, for purposes of state and local law. This section will grant
the Mayor powers to restrict activities after the declaration of an
emergency. Such orders shall be in effect for a maximum of 48 hours.
Any extension required after 48 hours will require Council approval.
Under the declaration of an emergency by the Mayor, the Mayor shall
have the following powers:
B.
Whenever, in the judgment of the Mayor, or, in the event of his/her
inability to act, the City Council President, an emergency exists
within the City, he/she shall have power to impose by proclamation
any regulations necessary to preserve the peace and order of the City.
The City Council president may act on behalf of the Mayor under this
section, if so authorized by the Mayor or if the Mayor is unable to
act.
C.
After proclamation of an emergency, or any order thereunder, the
Mayor or other person authorized to do so under this section shall
forthwith provide for notice thereof to be given to members of the
City Council, and any state or other local agencies as required under
Nebraska Law. A copy of such proclamation shall be filed with the
City Clerk and the Nebraska Emergency Management Agency.
D.
The Mayor may issue an order prohibiting or limiting the number of
persons who may gather or congregate upon the public highways, public
streets, or public sidewalks, or in any outdoor public place, except
persons who are awaiting transportation, engaging in recreational
activities at a usual and customary place, or peaceably entering or
leaving buildings.
E.
Upon the request of the Chief of Police (or his/her authorized designee)
and the President of the City Council (or in his/her absence the Chairperson
of the City Council Public Safety Committee), the Mayor may establish
a curfew limiting the hours when persons may go upon or travel the
public streets. The time period and area subject to a curfew shall
be no greater than reasonably necessary to respond to the imminent
threat.
F.
The Mayor may require the closing of cocktail lounges, taverns and
bars and prohibit the sale or service of alcoholic beverages in any
hotel, restaurant, club or other establishment, and require the closing
of all other business establishments.
