[HISTORY: Adopted by the City Council of the City of Papillion 12-4-1990 as Ch. 1, Art. 6, of the 1990 Code. Amendments noted where applicable.]
The Council shall have the responsibility for making all ordinances, bylaws, rules, regulations and resolutions, consistent with the laws of the State of Nebraska, as may be necessary and proper for maintaining the peace, good government and welfare of the municipality and its trade, commerce and security.
All ordinances shall be passed pursuant to such rules and regulations as the Council may provide. All ordinances may be proven by the certificate of the City Clerk under the Seal of the municipality. The passage, approval and publication or posting of any ordinance shall be sufficiently proven by a certificate under the Seal of the City from the City Clerk showing that such ordinance was passed and approved, and when and in what paper or where the same was published or posted. The municipal code shall be received as evidence of the passage and legal publication or posting of its contents in all courts without further proof.
[Amended 4-15-2003 by Ord. No. 1406]
All ordinances, resolutions or orders for the appropriation or payment of money shall require for their passage or adoption the concurrence of the majority of the members elected to the Council. Ordinances of a general or permanent nature shall be read by title on three different days, unless 3/4 of the Council members vote to suspend this requirement. The requirement that ordinances be read on three different days shall not be suspended for any ordinance for the annexation of territory. In the case of requirement that ordinances of a general or permanent nature be read by title on three different days is suspended, the ordinance shall then be read by title or number and then moved for final passage. Three-fourths of the members elected to the City Council may require the reading of any ordinance in full before enactment.
All ordinances of a general nature shall be published within 15 days of passage in some newspaper in or of general circulation in the municipality; or by posting a written or printed copy thereof in each of three public places in the municipality or by publishing in book or pamphlet form to be distributed or sold. Every ordinance shall include directions to the City Clerk whether it shall be published in a newspaper or published in book or pamphlet form or posted as above described.
The style of all municipal ordinances shall be:
No ordinance shall contain a subject not clearly expressed in its title.
In the case of riot, infectious or contagious diseases or other impending danger, failure of a public utility or other emergency requiring its immediate operation, such ordinance shall take effect upon the proclamation of the Mayor, and the posting thereof in at least three of the most public places in the municipality. Such emergency notice shall recite the emergency and be passed by a 3/4 vote of the Council and entered upon the City Clerk's minutes.
No ordinance or section thereof shall be revised or amended unless the new ordinance contains the entire ordinance or section as revised or amended and that the ordinance or section so amended shall be repealed.
Ordinances shall be introduced by members of the Council in either of the following ways:
With the recognition of the Mayor, a Councilperson may rise in place and in the presence and hearing of a majority of the members elected to the Council read aloud the substance of the proposed ordinance and file a copy of the same with the City Clerk for future consideration.
With the recognition of the Mayor, a Councilperson may present the proposed ordinance to the Mayor who, in the presence and hearing of a majority of the members elected to the Council, shall read aloud the substance of the same and shall file the same for future consideration.
[Amended 4-15-2003 by Ord. No. 1406]
Resolutions and motions shall be introduced in one of the methods prescribed for the introduction of ordinances. The issue raised by said resolutions or motions shall be disposed of in accordance with the usage of parlimentary law adopted for the guidance of the Council. A majority vote shall be required to pass any resolution or motion. The vote on any resolution or motion shall be viva voce and "yeas" and "nays" thereon shall be recorded by the Clerk if one or more members of the Council shall request a role call; Provided, however, that the role call shall be called at every instance where the matter before the Council involves directly or indirectly the expenditure of public funds.
Any person who violates any of the prohibitions or provisions of any section of 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 in an amount not to exceed $1,000 or imprisonment for any length of time not to exceed one year, or both such fine and imprisonment at the discretion of the court.