This codification of ordinances by and for the City of Hebron, Nebraska, shall be designated as the Code of Hebron, and may be so cited.

(Neb. RS 17-614)

Unless otherwise provided herein, or by law or implication required, the same rules of construction, definition and application shall govern the interpretation of this code as those governing the interpretation of state law.

All provisions of Title 1 compatible with future legislation shall apply to ordinances hereafter adopted amending or supplementing this code unless otherwise specifically provided.

Headings and captions used in this code other than the title, chapter and section numbers are employed for reference purposes only and shall not be deemed a part of the text of any section.

(A)  General rule. Words and phrases shall be taken in their plain, or ordinary and usual sense; however, technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import.

(B)  Definitions. For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

City, Municipal Corporation or Municipality.  The City of Hebron, Nebraska.

City Council, Council or Governing Body. The legislative body of the City of Hebron,  Nebraska.

Code, This Code or This Code Of Ordinances. This city code as modified by amendment, revision and adoption of new titles, chapters or sections.

County.  Thayer County, Nebraska.

May.  The act referred to is permissive.

Month.  A calendar month.

Oath. An affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words swear and sworn shall be equivalent to the words affirm and affirmed.

Officer, Office, Employee, Commission or Department. An officer, office, employee, commission or department of this city unless the context clearly requires otherwise.

Person. Includes bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies and associations.

Preceding or Following.  Next before or next after, respectively.

Shall.  The act referred to is mandatory.

Signature or Subscription.  Includes a mark when the person cannot write.

State.  The State of Nebraska.

Subchapter. A division of a chapter, designated in this code by a heading in the chapter analysis and a capitalized heading in the body of the chapter, setting apart a group of sections related by the subject matter of the heading. Not all chapters have subchapters.

Written. Any representation of words, letters or figures, whether by printing or otherwise.

Year.  A calendar year, unless otherwise expressed.

(Neb. RS 49-801(16))

The construction of all ordinances of this city shall be by the following rules, unless that construction is plainly repugnant to the intent of the Mayor and City Council or of the context of the same ordinance.

(A)  And or Or. Either conjunction shall include the other as if written “and/or”, if the sense requires it.

(B)  Acts by assistants. When a statute or ordinance requires an act to be done which, by law, an agent or deputy as well may do as the principal, the requisition shall be satisfied by the performance of the act by an authorized agent or deputy.

(C)  Gender; singular and plural; tenses. Words denoting the masculine gender shall be deemed to include the feminine and neuter genders; words in the singular shall include the plural, and words in the plural shall include the singular; the use of a verb in the present tense shall include the future, if applicable.

(D)  General term. A general term following specific enumeration of terms is not to be limited to the class enumerated unless expressly so limited.

If any provision of this code as now or later amended or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision or application.

Whenever in one section reference is made to another section hereof, that reference shall extend and apply to the section referred to as subsequently amended, revised, recodified or renumbered unless the subject matter is materially altered by the amendment or revision.

Reference to a public office or officer shall be deemed to apply to any office, officer or employee of this city exercising the powers, duties or functions contemplated in the provision, irrespective of any transfer of functions or change in the official title of the functionary.

If a manifest error is discovered, consisting of the misspelling of any words; the omission of any word or words necessary to express the intention of the provisions affected; the use of a word or words to which no meaning can be attached; or the use of a word or words when another word or words was clearly intended to express the intent, the spelling shall be corrected and the word or words supplied, omitted or substituted as will conform with the manifest intention, and the provisions shall have the same effect as though the correct words were contained in the text as originally published. No alteration shall be made or permitted if any question exists regarding the nature or extent of the error.

The official time, as established by applicable state/federal laws, shall be the official time within this city for the transaction of all city business.

(A)  In all cases where an ordinance requires an act to be done in a reasonable time or requires reasonable notice to be given, Reasonable Time Or Notice shall be deemed to mean the time which is necessary for a prompt performance of the act or the giving of the notice.

(B)  The time within which an act is to be done, as herein provided, shall be computed by excluding the first day and including the last. If the last day is Sunday, it shall be excluded.

This code contains all of the provisions of a general nature pertaining to the subjects enumerated and embraced in this code. All prior ordinances pertaining to the subjects treated by this code are repealed, except that nothing  shall affect any rights  acquired under, actions  involving,  or  fines, penalties, forfeitures or liabilities incurred pursuant to those ordinances prior to repeal.

All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not embraced in this code, including ordinances specified in this section, shall remain in full force and effect unless repealed expressly or by necessary implication:

(A)  Vacating or setting the boundaries of streets, alleys or other public places;

(B)  Annexing or detaching territory;

(C)  Granting or accepting easements, plats or dedication of land to public use;

(D)  Providing for the acquisition or conveyance of real or personal property;

(E)   Authorizing or directing public improvements to be made;

(F)   Levying taxes or special assessments;

(G)  Appropriating money;

(H)  Granting franchises or special licenses; or

(I)    Providing for the issuance of bonds or other instruments of indebtedness.

(A)  Whenever any ordinance or part of an ordinance shall be repealed or modified by a subsequent ordinance, the ordinance or part of an ordinance thus repealed or modified shall continue in force until the publication of the ordinance repealing or modifying it to give effect thereto.

(B)  No suit, proceedings, right, liability, fine, forfeiture or penalty instituted, created, given, secured or accrued under any ordinance previous to its repeal shall in any way be affected, released or discharged, but may be prosecuted, enjoyed and recovered as fully as if the ordinance had continued in force, unless it is otherwise expressly provided.

(C)  When any ordinance repealing a former ordinance, clause or provision is itself repealed, the repeal shall not be construed to revive the former ordinance, clause or provision, unless it is expressly provided.

(A)  As histories for the code sections, the specific number, and the amending ordinances, if any, are listed following the text of the code section. Example: (Ord. 10; Ord. 15; Ord. 20; Ord. 25)

(B)  A statutory cite included in the history indicates that the text of the section reads substantially the same as the statute. Example: (Neb. RS 17-100)

(C)  If a section of this code was derived from the previous code of ordinances of the city published in 1999, as subsequently amended, the 1999 code section number shall be indicated in the history by “(1999 Code, §__).”

(A)  Discretion. When preparing a supplement to this municipal code, the codifier (that is, the person, agency or organization authorized to prepare the supplement) may make formal nonsubstantive changes in ordinances and parts of ordinances included in the supplement as necessary to embody them into a unified code. For example, the codifier may:

(1)   Organize the ordinance material into appropriate sections and divisions;

(2)   Provide appropriate catchlines, headings and titles for sections and other subdivisions of the ordinance printed in the supplement and make changes in such catchlines, headings and titles;

(3)   Assign appropriate numbers to sections and other divisions to be inserted in the code and, where necessary to accommodate new material, change existing section or other division numbers;

(4)   Change the words “this ordinance” or words of the same meaning to “this chapter”, “this subchapter”, “this section” and the like, as may be appropriate, or to “§§___ through ___” (inserting section numbers to indicate the sections of the code which embody the substantive sections of the ordinance incorporated into the code); General Code Construction; General Penalty     9

(5)   Insert appropriate section numbers in references to code sections such as “§___” or “§§___ through ___” which are not filled in prior to adoption of an ordinance;

(6)   Correct the spelling of words, correct obvious typographical errors, correct erroneous division and hyphenation of words, capitalize or decapitalize words, and make other similar changes in accordance with accepted usage or for consistency with other provisions of the code;  and

(7)   Change terminology for consistency with terminology used in other provisions of the code;

(8)   Make other nonsubstantive changes necessary to incorporate ordinance material into the code while preserving the original meaning of the ordinance sections.

(B)  Prohibition. In no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the code and not repealed by any ordinance.

(A)  Any person who violates any of the provisions of this municipal code, unless otherwise specifically provided herein, shall be deemed guilty of an offense and upon conviction thereof shall be fined in any sum not exceeding $500. A new violation shall be deemed to have been committed every 24 hours of failure to comply with the provisions of this code.

(B)  (1)  Whenever a nuisance exists, the municipality may proceed by a suit in equity to enjoin and abate the same, in the manner provided by law.

(2)   Whenever, in any action, it is established that a nuisance exists, the court may, together with the fine or penalty imposed, enter an order of abatement as a part of the judgment in the case.