(A)  It shall be unlawful for any person during the time of a fire and for a period of 36 hours after its extinguishment to hinder, resist or refuse to obey the Municipal Fire Chief, or to act in a noisy or disorderly manner.

(B)  The Fire Chief and Assistant Fire Chief shall have the power and authority during such time to arrest or command any such person to assist them in the performance of their official duties.

(Neb. RS 28-908; 1999 Code, § 7-101)

It shall be unlawful for any person except the Fire Chief and the members of the Municipal Fire Department to molest, destroy, handle or in any other way to interfere with the use and storage of any of the fire trucks and other apparatus belonging to the municipality.

(Neb. RS 28-519; 1999 Code, § 7-102)

It shall be unlawful for any person or persons to hinder or obstruct the Municipal Fire Chief or the members of the Fire Department in the performance of their duty.

(Neb. RS 28-908; 1999 Code, § 7-103)

(A)  It shall be unlawful for any person to obstruct the use of a fire hydrant, or have or place any material within 15 feet of the said hydrant.

(B)  Any vehicle or material found as an obstruction may be immediately removed by the Fire Chief or any member of the Fire Department, at the risk, cost and expense of the owner or claimant.

(Neb. RS 60-6,166; 1999 Code, § 7-104)

It shall be unlawful for any person to refuse, after the command of the Fire Chief or Assistant Fire Chief, to aid in extinguishing a fire or to assist in the removal and protection of property.

(Neb. RS 28-908; 1999 Code, § 7-105)

It shall be unlawful for any person, without the consent of the Fire Chief or Assistant Fire Chief, to drive any vehicle over unprotected hose of the Fire Department.

(Neb. RS 60-6,184; 1999 Code, § 7-106)

(A)  Every vehicle already stationary when the fire alarm shall have been sounded must remain so for a period of five minutes after the sounding of the fire alarm.

(B)  No vehicle, except by the specific direction of the Fire Chief or Assistant Fire Chief, shall follow, approach or park closer than 500 feet to any fire vehicle, or to any fire hydrant to which a hose is connected.

(C)  Nothing herein shall be construed to apply to vehicles carrying doctors, members of the Fire Department, or emergency vehicles.

(Neb. RS 60-6,183; 1999 Code, § 7-107)

It shall be unlawful for any pedestrian to enter or remain in any street after a fire alarm shall have sounded until the fire trucks shall have completely passed.

(Neb. RS 28-908; 1999 Code, § 7-108)

It shall be unlawful for any person to intentionally and without good and reasonable cause raise any false alarm of fire.

(Neb. RS 28-907, 35-520; 1999 Code, § 7-109)

(A)  The rules and regulations promulgated by the office of the State Fire Marshal relating to fire prevention are incorporated by reference into this Code and made a part of this chapter as though spread at large herein together with all subsequent amendments thereto.

(B)  One copy of the Fire Prevention Code shall be on file with the Municipal Clerk and shall be available for public inspection at any reasonable time.

(Neb. RS 18-132, 19-902, 19-922, 81-502; 1999 Code, § 7-201)

It shall be the duty of all municipal officials to enforce the incorporated fire code provisions and all infractions shall be immediately brought to the attention of the Fire Chief.

(1999 Code, § 7-202)

It shall be the duty of the owner, lessee or occupant of any building or structure, except the interiors of private dwellings, to allow the Fire Chief to inspect, or cause to be inspected, as often as necessary the said structure for the purpose of ascertaining and enumerating all conditions therein that are likely to cause fire, or any other violations of the provisions of the municipal ordinances affecting the hazard of fire.

(Neb. RS 81-512; 1999 Code, § 7-203)

It shall be the duty of the officials and teachers of all the schools in the municipality to cooperate with the Municipal Fire Department in conducting fire drills in such number and at such times as the Fire Chief shall prescribe; provided, that at least one fire drill shall be held each year. All doors and exits leading to the outside of the school shall be kept unlocked during school hours.

(1999 Code, § 7-204)

The following described territory in the municipality shall be and constitute the fire limits: the south half (S 1/2) of Block Seven (7), the south half (S 1/2) of Block Eight (8) and the North half (N 1/2) of Block Eighteen (18), the North half (N 1/2) of Block Seventeen (17), all of Blocks Nine, Ten, Fifteen and Sixteen (9, 10, 15, 16), west half (W 1/2) of Blocks Eleven and Fourteen (11, 14), and all streets and alleys included therein or contiguous thereto in the Original Town of Hebron, Nebraska; Lots One, Two, Three, Four and Five (1, 2, 3, 4, 5), inclusive, Block Four (4), Lots Fifteen through Twenty (15-20), inclusive, Block Three (3), Lot Twenty (20), Block Eight (8), and that part of the Chicago, Rock Island Pacific Railway right-of-way lying directly south of the West half (W 1/2) of Block Three (3), and all streets and alleys included therein or contiguous thereto in Huse’s Addition to the city, all in said city in Thayer County, Nebraska.

(Neb. RS 17-550; 1999 Code, § 7-205; Ord. 785)

Within the aforesaid fire limits, no structure shall be built, altered, moved or enlarged unless such structure will be enclosed with walls constructed wholly of stone, well-burned brick, terra cotta, concrete or other such noncombustible materials as will satisfy the Fire Chief that the said structure will be reasonably fireproof.

(Neb. RS 17-550; 1999 Code, § 7-206)

It shall be unlawful for any person to repair, alter or add to any building in the fire limits where the repair is less than 50% of the building unless the said person shall first submit an application to the Municipal Clerk to make such repairs, alterations or to add to any building and shall state on the application that the material used will be non-combustible and approved by the Fire Chief. Repairs in the form of patching and other minor repairs shall not require a permit. In the event that the repairs, alteration or addition is to involve more than 50% of the building, the owner shall be required to apply for a new building permit which shall state that the building, when completed, shall be fireproof and made of non-combustible materials.

(Neb. RS 17-550; 1999 Code, § 7-207)

In the event that any wooden or combustible building or structure, or any non-combustible building which stands within the fire limits is damaged to the extent of 50% or more of its value, exclusive of the foundation, and to the extent of requiring condemnation by the State Fire Marshal, it shall not be repaired or rebuilt, but shall be taken down and removed within 60 days from the date of such fire or other casualty.

(Neb. RS 17-550; 1999 Code, § 7-208)

In the event that a building within the fire limits becomes damaged by fire, wind, flood, vandalism or any other cause, to the extent of less than 50% of its value, exclusive of the foundation, and to the extent not requiring condemnation by the State Fire Marshal, it shall be the duty of the owner, lessee or occupant to remove or repair the said building in accordance with the provisions of this chapter. It shall be unlawful for any person to allow a building to stand in such damaged or decayed condition. Any such building shall be removed or repaired within 30 days after receiving notice to do so by the governing body.

(Neb. RS 17-550; 1999 Code, § 7-209)

It shall be lawful to build or set out fires only in accordance with this section. Any person building such fire shall have the substance to be burned in a fireproof trash burner or incinerator, which burner or incinerator shall be built in such a way as to not permit the escape of burning paper or other substance. All lawful burning must be commenced subsequent to 7:00 a.m. and completely extinguished by 12:00 noon on Mondays. No burning shall be allowed on any day other than Monday, and no burning shall be allowed at any time other than the time set forth in this section. It shall be unlawful for any person to set fire to, bum, or cause to be burned any garbage, animal matter or vegetable matter. Open burning shall be permitted only by obtaining a proper burning permit as required by § 93.30.

(1999 Code, § 7-210)

(A)  There shall be a statewide open burning ban on all bonfires, outdoor rubbish fires, and fires for the purpose of clearing land.

(B)  The Fire Chief of the Municipal Fire Department or his or her designee may waive an open burning ban under division (A) above for an area under his or her jurisdiction by issuing an open burning permit to a person requesting permission to conduct open burning. The permit issued by the Fire Chief or his or her designee to a person desiring to conduct open burning shall be in writing, signed by the Fire Chief or his or her designee, and on a form provided by the State Fire Marshal.

(C)  The Municipal Fire Chief or his or her designee may waive the open burning ban in his or her jurisdiction when conditions are acceptable to the Chief or his or her designee. Anyone burning in such jurisdiction when the open burning ban has been waived shall notify the Fire Department of his or her intention to burn.

(D)  The Municipal Fire Chief may adopt and promulgate rules and regulations listing the conditions acceptable for issuing a permit to conduct open burning under division (B) above.

(E)   The Municipal Fire Department may charge a fee, not to exceed $10, for each such permit issued. This fee shall be remitted to the governing body for inclusion in the general funds allocated to the Fire Department. Such funds shall not reduce the tax requirements for the Fire Department. No such fee shall be collected from any state or political subdivision to which such a permit is issued to conduct open burning under division (B) above in the course of such state’s or political subdivision’s official duties.

(Neb. RS 81-520.01; 1999 Code, § 7-211)

Recreational fires, including fire pits, portable outdoor fire places/fire pits, chimineas and outdoor kitchens with open flames are allowed within the City of Hebron. The following guidelines shall be adhered to:

(A)  For purposes of this section, an approved outdoor fire place includes those commercially manufactured devices specifically designed, intended and advertised for the purpose of containing and controlling outdoor fires, such as chimneys, outdoor fire places, portable fire places, chimineas, and those areas specifically designed and built within the confines of a deck that are constructed of stone, concrete blocks or other noncombustible materials, such as an outdoor kitchen.

(B)  Portable fire pits may be used in accordance with the manufacturer’s recommendations and within the requirements of this section and must be used upon a noncombustible surface.

(C)  All recreational fires shall not have a diameter larger than three feet (3’) and the fire may not extend more than two feet (2’) above the pit.

(D)  Material for recreational fires shall not include rubbish, garbage, recyclable items, trash, any material made of or coated with rubber, plastic, leather or petroleum-based materials and shall not contain any flammable or combustible liquids. No burning of vegetation or leaves is allowed. Only clean wood (not painted and not treated) shall be burned.

(E)   All recreational fires shall be attended at all times by at least one responsible person of age 18 or older until the fire is out or extinguished.

(F)   No recreational fire shall be started or allowed to continue burning when the wind direction or wind speed will cause smoke, embers, or other burning materials to be carried by the wind toward any building or other combustible materials. Smoke from any recreational fire shall not create a nuisance for neighboring property owners.

(G)  All complaints (smoke, odor emissions, falling ash, etc.) regarding recreational fires shall be investigated by the Thayer County Sheriff and Deputies, as the Chief Law Enforcement Officers of the City of Hebron. The Thayer County Sheriff and Deputies are authorized to order the extinguishment of any such burning if it creates or adds to a hazardous situation.

(H)  Recreational fires are allowed between the hours of 8:00 a.m. and midnight (12:00 a.m.) on any day, except when high fire hazard conditions exist, as determined by the governing body of the City of Hebron or the Chief of the Hebron Volunteer Fire Department.

(Ord. 936)

Fireworks shall mean any composition or device designed for the purpose of producing a visible or audible effect by combustion, deflagration or detonation and which meets the definition of common or special fireworks set forth by the United States Department of Transportation in C.F.R. Title 49.

(Neb. RS 28-1241; 1999 Code, § 7-301)

(A)  It shall be unlawful for any person to ignite or cause to be exploded fireworks or firecrackers of any description whatsoever, except sparklers, Vesuvius fountains, spray fountains, torches, color fire cones, star and comet type color aerial shells without explosive charges for the purpose of making a noise, color wheels, lady fingers, not exceeding seven-eighths inch in length or one-eighth inch in diameter, and which do not contain more than 50 milligrams each in weight of explosive material.

(B)  The provisions of this section shall not apply to any fireworks to be used for purpose of public exhibitions or display under authorization of the governing body or to fireworks furnished for agricultural purposes pursuant to written authorization from the State Fire Marshal.

(Neb. RS 17-556, 28-1241, 28-1244, 28-1245; 1999 Code, § 7-302)

It shall be unlawful for any person to throw any firecracker, or any object which explodes upon contact with another object; from or into a motor vehicle; onto any street, highway or sidewalk; at or near any person; into any building; or into or at any group of persons.

(Neb. RS 17-556, 28-1242; 1999 Code, § 7-303)

(A)  It shall be unlawful for any person to sell, hold for sale or offer for sale as a distributor, jobber or retailer any fireworks without first obtaining a license from the State Fire Marshal.

(B)  Licensees shall only sell fireworks which have been approved by the State Fire Marshal, and permissible fireworks may be sold at retail only between June 24 and July 5 of each year and between December 28, 1999 and January 1, 2000.

(Neb. RS 28-1246 through 28-1250; 1999 Code, § 7-304; Ord. 737)

(A)  In addition to notifying the Municipal Fire Department pursuant to Neb. RS 28-1233(3), any person desiring to store or keep for any period of time any form of poisonous or flammable gases or liquefied petroleum gases within the municipality shall register such information with the Municipal Clerk 24 hours prior to such storage.

(B)  The transfer of such gases to another person within the municipality shall require the person receiving such gases to register the transfer and the new location of the gases with the Municipal Clerk. The transfer of gases to a new location by the owner shall require registration of the new location with the Municipal Clerk. This section shall not apply to the storage of five gallons or less of gasoline.

(Neb. RS 17-549, 17-556, 28-1229, 28-1233; 1999 Code, § 7-401)

(A)  In addition to notifying the Municipal Fire Department pursuant to Neb. RS 28-1233(3), any person desiring to store or keep for any period of time explosive materials as defined in Neb. RS 28-1213 shall register such information with the Municipal Clerk 24 hours prior to such storage.

(1)   The transfer of explosive materials to another person within the municipality shall require the person receiving the explosive materials to register the transfer and the new location of the explosive materials with the Municipal Clerk.

(2)   The transfer of explosive materials to a new location by the owner shall require registration of the new location with the Municipal Clerk.

(B)  All explosive materials shall be stored in a proper receptacle made of cement, metal or stone and be closed at all times, except when in actual use. Such receptacles shall not be located in any room where there are flames or flammable materials. The area surrounding storage facilities shall be kept clear of rubbish, brush, dry grass or trees not less than 25 feet in all directions. Any other combustible materials shall be kept a distance of not less than 50 feet from outdoor storage facilities.

(Neb. RS 17-549, 17-556, 28-1229, 28-1233; 1999 Code, § 7-501)

In addition to notifying the Municipal Fire Department pursuant to Neb. RS 28-1233(3), any person desiring to discharge explosive materials, as defined in Neb. RS 28-1213, within the municipality, shall apply for and secure a permit from the governing body 24 hours prior to such discharge, and shall discharge such explosive materials in conformance with the conditions specified in the permit. In no case shall any person perform blasting operations unless operating under the direct supervision of a person in possession of a valid user’s permit issued by the Nebraska State Patrol.

(Neb. RS 17-549, 17-556, 28-1229, 28-1233; 1999 Code, § 7-502)

(A)  Any person, or any person’s agent or servant, who violates any of the provisions of this chapter, 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 chapter.

(B)  (1)  Whenever a nuisance exists as defined in this chapter, the municipality may proceed by a suit in equity to enjoin, abate and remove 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.

(Neb. RS 17-505, 18-1720, 18-1722; 1999 Code, § 7-601; Ord. 744)