Title 13 · General Offenses

Chapter 130: Municipal Offenses

19 sections

130.01 Criminal Mischief.

It shall be unlawful for any person to damage property of another intentionally or recklessly; or intentionally or recklessly tamper with property of another so as to endanger person or property; or intentionally or maliciously cause another to suffer pecuniary loss by deception or threat; provided, that the value of the property involved is under $300.

(Neb. RS 28-519; 1999 Code, § 6-301)

130.02 Criminal Trespass.

It shall be unlawful for any person, knowing that he or she is not licensed or privileged to do so,

(A) Enter or secretly remain in any building or occupied structure, or any separately secured or occupied portion thereof; and/or

(B) Enter or remain in any place as to which notice against trespass is given by:

(1)Actual communication to the actor;

(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.

(Neb. RS 28-520, 28-521; 1999 Code, § 6-302)

§ 130.03 Public Indecency.

(A) A person, 18 years of age or over, commits the offense of public indecency if such person performs or procures, or assists 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:

(1)An act of sexual penetration as defined in Neb. RS 28-318;

(2)An exposure of the genitals of the body done with intent to affront or alarm any person; or

(3)A lewd fondling or caressing of the body of another person of the same or opposite sex.

(B) It shall not be a violation of this section for an individual to breast-feed a child in a public place.

(Neb. RS 28-806; 1999 Code, § 6-303; Ord. 915)

§ 130.04 Disturbing the Peace.

It shall be unlawful for any person to intentionally disturb the peace and quiet of any person, family or neighborhood.

(Neb. RS 28-1322; 1999 Code, § 6-304)

§ 130.05 Maintaining a Nuisance.

It shall be unlawful for any person to erect, keep up or continue and maintain any nuisance to the injury of any part of the citizens of the municipality.

(Neb. RS 18-1720, 28-1321; 1999 Code, § 6-305)

§ 130.06 Prohibited Fences.

It shall be unlawful for any person to erect, or cause to be erected, and maintain any barbed wire or electric fence within the corporate limits, where such fence abuts a public sidewalk, street or alley.

(Neb. RS 18-1720, 28-1321, 39-307; 1999 Code, § 6-306)

§ 130.07 Appliances in Yard.

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 or she shall first remove all doors and make the same reasonably safe.

(Neb. RS 18-1720, 28-1321; 1999 Code, § 6-307)

§ 130.08 Reserved.

(Neb. RS 17-563; 1999 Code, § 6-308; Ord. 783; Ord. 897)

§ 130.09 Discharge of Firearms.

It shall be unlawful for any person, except an officer of the law in the discharge of his or her 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.

(Neb. RS 17-556; 1999 Code, § 6-309)

§ 130.10 Slingshots, Air Guns, BB Guns.

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.

(Neb. RS 17-207; 1999 Code, § 6-310)

§ 130.11 Disorderly Conduct.

Any person who shall knowingly start a fight, fight, commit assault or battery, make unnecessary noise, or otherwise conduct themselves in such a way as to breach the peace shall be deemed to be guilty of an offense.

(Neb. RS 17-129, 17-556; 1999 Code, § 6-311)

§ 130.12 Obstruction of Public Ways.

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.

(1999 Code, § 6-312)

§ 130.13 Curfew.

(A) It shall be unlawful for any person under the age of 18 years to be or remain in or upon any of the streets, roads, alleys, parks or public places, or in any vehicle placed upon the streets, roads, alleys, parks or public places in the municipality, or in any business or place of public amusement or recreation, after the hour of 11:55 p.m. on Sunday night through Thursday night of each week, until 5:00 a.m. of the following day, unless accompanied by a parent, guardian or other adult person having the care, custody or control of the minor.

(B) The curfew for minors, established in this section, shall be extended on Friday evenings until 12:55 a.m. Saturday morning and on Saturday evenings to 12:55 a.m. Sunday morning.

(C) A citation for violation of this section may be issued by a police officer only if the officer reasonably believes that a violation has occurred and none of the defenses enumerated in this subsection apply. It is a defense to a violation under this section that the person engaged in the prohibited conduct while:

(1)Accompanied by the minor’s parent or guardian;

(2)On an errand at the direction of the minor’s parent or guardian, without any detour or stop;

(3)In a motor vehicle involved in interstate travel;

(4)Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;

(5)Involved in an emergency;

(6)On the sidewalk abutting the minor’s residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor’s presence;

(7)Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the city of Dallas, a civic organization, or another similar entity that takes responsibility for the minor;

(8)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; or

(9)Married or had been married or had disabilities of minority removed in accordance with state law.

(D) The weekend curfew shall terminate at 5:00 a.m. Saturday morning and Sunday morning respectively.

(1999 Code, § 6-313)

§ 130.14 Abandoned Automobiles.

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

(1)Abandoned Vehicle.

(a) A motor vehicle is an “abandoned vehicle”:

(i)If left unattended, with no license plates or valid In Transit stickers issued pursuant to the Motor Vehicle Registration Act affixed thereto, for more than six hours on any public property;

(ii)If left unattended for more than 24 hours on any public property, except a portion thereof on which parking is legally permitted;

(iii)If left unattended for more than 48 hours, after the parking of such vehicle has become illegal, if left on a portion of any public property on which parking is legally permitted;

(iv)If left unattended for more than seven days on private property if left initially without permission of the owner, or after permission of the owner is terminated;

(v)If left for more than 30 days in the custody of a city law enforcement agency after the agency has sent a letter to the last-registered owner under subsection (D); or

(vi)If removed from private property by the city pursuant to a city ordinance or this code.

(b) An all-terrain vehicle or minibike is an “abandoned vehicle”:

(i)If left unattended for more than 24 hours on any public property, except a portion thereof on which parking is legally permitted;

(ii)If left unattended for more than 48 hours, after the parking of such vehicle has become illegal, if left on a portion of any public property on which parking is legally permitted;

(iii)If left unattended for more than seven days on private property if left initially without permission of the owner, or after permission of the owner is terminated;

(iv)If left for more than 30 days in the custody of a city law enforcement agency after the agency has sent a letter to the last-registered owner under division (D) of this section; or

(v)If removed from private property by the city pursuant to a city ordinance or this code.

(c) A mobile home is an “abandoned vehicle” if left in place on private property for more than 30 days after a local governmental unit, pursuant to an ordinance or resolution, has sent a certified letter to each of the last-registered owners and posted a notice on the mobile home, stating that the mobile home is subject to sale or auction or vesting of title as set forth in Neb. RS 60-1903.

(d) No motor vehicle subject to forfeiture under Neb. RS 28-431 shall be an “abandoned vehicle” under this division (A).

(2)Mobile Home. A movable or portable dwelling constructed to be towed on its own chassis, connected to utilities, and designed with or without a permanent foundation for year-round living. It may consist of one or more units that can be telescoped when towed and expanded later for additional capacity, or of two or more units, separately towable but designed to be joined into one integral unit, and shall include a manufactured home as defined in Neb. RS 71-4603. MOBILE HOME does not include a mobile home or manufactured home for which an affidavit of affixture has been recorded pursuant to Neb. RS 60-169.

(3)Private Property. Any privately owned property which is not included within the definition of public property.

(4)Public Property. Any public right-of-way, street, highway, alley, or park or other state, county, or city-owned property.

(B) If an abandoned vehicle, at the time of abandonment, has no license plates of the current year or valid In Transit stickers issued pursuant to Neb. RS 60-376 affixed and is of a wholesale value, taking into consideration the condition of the vehicle, of $250 or less, title shall immediately vest in the city. Any certificate of title issued under this division to the city shall be issued at no cost to the city.

(C) (1) Except for vehicles governed by division (B) of this section, the city shall make an inquiry concerning the last-registered owner of such vehicle as follows:

(a) Abandoned vehicle with license plates affixed, to the jurisdiction which issued such license plates; or

(b) Abandoned vehicle with no license plates affixed, to the Department of Motor Vehicles.

(2)The city shall notify the last-registered owner, if any, that the vehicle in question has been determined to be an abandoned vehicle and that, if unclaimed, either:

(a) It will be sold or will be offered at public auction after five days from the date such notice was mailed; or

(b) Title will vest in the city 30 days after the date such notice was mailed.

(3)If the agency described in division (C)(1)(a) or (b) of this section also notifies the city that a lien or mortgage exists, such notice shall also be sent to the lienholder or mortgagee. Any person claiming such vehicle shall be required to pay the cost of removal and storage of such vehicle.

(4)Title to an abandoned vehicle, if unclaimed, shall vest in the city:

(a) Five days after the date the notice is mailed if the vehicle will be sold or offered at public auction under division (C)(2)(a) of this section;

(b) Thirty days after the date the notice is mailed if the city will retain the vehicle; or

(c) If the last-registered owner cannot be ascertained, when notice of such fact is received.

(5)After title to the abandoned vehicle vests pursuant to division (C)(4) of this section, the city may retain for use, sell, or auction the abandoned vehicle. If the city has determined that the vehicle should be retained for use, the city shall, at the same time that the notice, if any, is mailed, publish in a newspaper of general circulation in the jurisdiction an announcement that the city intends to retain the abandoned vehicle for its use and that title will vest in the city 30 days after the publication.

(D) (1) If a city law enforcement agency has custody of a motor vehicle for investigatory purposes and has no further need to keep it in custody, it shall send a certified letter to each of the last-registered owners stating that the vehicle is in the custody of the law enforcement agency, that the vehicle is no longer needed for law enforcement purposes, and that after 30 days the agency will dispose of the vehicle.

(2)This division shall not apply to motor vehicles subject to forfeiture under Neb. RS 28-431.

(3)No storage fees shall be assessed against the registered owner of a motor vehicle held in custody for investigatory purposes under this division (D) unless the registered owner or the person in possession of the vehicle when it is taken into custody is charged with a felony or misdemeanor related to the offense for which the law enforcement agency took the vehicle into custody. If a registered owner or the person in possession of the vehicle when it is taken into custody is charged with a felony or misdemeanor but is not convicted, the registered owner shall be entitled to a refund of the storage fees.

(E) (1) A law enforcement agency is authorized to remove an abandoned or trespassing vehicle from private property upon the request of the private property owner on whose property the vehicle is located and upon information indicating that the vehicle is an abandoned or trespassing vehicle. After removal, the law enforcement agency with custody of the vehicle shall follow the procedures in Neb. RS 60-1902 and 60-1903.

(2)A law enforcement agency is authorized to contact a private towing service in order to remove an abandoned or trespassing vehicle from private property upon the request of the private property owner on whose property the vehicle is located and upon information indicating that the vehicle is an abandoned or trespassing vehicle. A vehicle towed away under this subsection is subject to Neb. RS 52-601.01 to 52-605 and 60-2410 by the private towing service which towed the vehicle.

(3)A private property owner is authorized to remove or cause the removal of an abandoned or trespassing vehicle from such property and may contact a private towing service for such removal. A private towing service that tows the vehicle shall notify, within 24 hours, the designated law enforcement agency in the jurisdiction from which the vehicle is removed and provide the registration plate number, the vehicle identification number, if available, the make, model, and color of the vehicle, and the name of the private towing service and the location, if applicable, where the private towing service is storing the vehicle. A vehicle towed away under this subsection is subject to Neb. RS 52-601.01 to 52-605 and 60-2410 by the private towing service that towed the vehicle.

(4)For purposes of this section, a trespassing vehicle is a vehicle that is parked without permission on private property that is not typically made available for public parking.

(F) If a state agency caused an abandoned vehicle described in division (A)(1)(a)(v) or (A)(1)(b)(iv) of this section to be removed from public property in this city, the state agency shall be entitled to custody of the vehicle. If a state agency caused an abandoned vehicle described in division (A)(1)(a)(i), (ii), (iii), or (iv) or (A)(1)(b)(i), (ii), or (iii) of this section to be removed from public property in this city, the state agency shall deliver the vehicle to the city which shall have custody.

(G) Any proceeds from the sale of an abandoned vehicle in the city’s custody less any expenses incurred by the city shall be held by the city without interest, for the benefit of the owner or lienholders of such vehicle for a period of two years. If not claimed within such two-year period, the proceeds shall be paid into the general fund of the city.

(H) Neither the owner, owner’s agent, owner’s employee, lessee, nor occupant of the premises from which any abandoned vehicle is removed, nor the city, shall be liable for any loss or damage to such vehicle which occurs during its removal or while in the possession of the city or its contractual agent, while in the possession of a private towing service, or as a result of any subsequent disposition.

(I) No person shall cause any vehicle to be an abandoned vehicle as described in division (A)(1)(a)(i), (ii), (iii), or (iv) or (A)(1)(b)(i), (ii), or (iii) of this section.

(J) No person other than one authorized by the city or appropriate state agency shall destroy, deface, or remove any part of a vehicle which is left unattended on a highway or other public place without license plates affixed or which is abandoned. Anyone violating this division shall be guilty of an offense.

(K) The last-registered owner of an abandoned vehicle shall be liable to the city for the costs of removal and storage of such vehicle.

(L) Any person violating the provisions of this section shall be guilty of an offense.

(Neb. RS 60-1901 through 60-1911; 1999 Code, § 6-314; Ord. 744; Ord. 891)

§ 130.15 Junked Motor Vehicles.

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

Junked Motor Vehicle. A motor vehicle on which the engine, wheels or other parts have been removed, altered, damaged or otherwise so treated or allowed to deteriorate that the motor vehicle is incapable of being drawn under its own power. A motor vehicle which has expired license plates or no license plates affixed thereto shall be presumed to be a JUNKED MOTOR VEHICLE; provided, that such presumption may be rebutted.

Motor Vehicle. A machine propelled by power other than human power designed to travel along the ground by use of wheels, treads, runners or slides and transports persons or property or pulls machinery; the term MOTOR VEHICLE shall include, without limitation, automobiles, trucks, motorcycles, trailers, tractors, wagons, boats, campers and machinery.

Private Property. Any privately owned property which is not included within the definition of public property.

Public Property. Any public right-of-way, street, highway, alley, park or other state, county or municipally owned property.

(B) It shall be unlawful for any junked motor vehicle to be parked, left, stored or be permitted to park or stand on private property in excess of ten days; provided however, that the junked motor vehicle shall not be in violation if the junked motor vehicle shall be enclosed within a building or screened from public view by solid fencing, trees or shrubbery.

(C) Any junked motor vehicle parked, left, permitted or stored on private property in excess of ten days and not enclosed in a building or screened as described in division (B) above, is hereby declared to be a nuisance. If the owner fails to remove such junked motor vehicle, after five days’ notice, the municipality through its employees or officers, shall remove the junked motor vehicle or cause it to be removed, and shall assess the cost thereof against the property so benefitted. The municipality, by and through its employees or officers shall have the right to enter upon said premises and remove the junked motor vehicle therefrom, and assess the cost of such removal thereof against the property from which the same is removed, which assessment of cost shall be certified by the Municipal Clerk to the County Treasurer, and the same shall become a lien against the property the same as any special assessment which may be assessed against said property. In the event the owner of said property does not reclaim said property within ten days after the same has been removed by the municipality, the municipality shall have the right to sell, destroy or otherwise dispose of said property. To reclaim said property, the owner must reimburse the municipality for all costs incurred in the removal thereof.

(D) Nothing in this section shall prevent a lawful business enterprise, operating in an appropriate commercial manner, to apply to the governing body of the municipality for a variance from this section to use a junked motor vehicle, as defined herein, for a lawful and commercial purpose.

(1999 Code, § 6-315)

§ 130.16 Drinking On Public Property; Possession of Open Container.

(A) Except when the Nebraska Liquor Control Commission has issued a license as provided in Neb. RS 53-186(2), it is unlawful for any person to consume alcoholic liquor upon property owned or controlled by the state or any governmental subdivision thereof unless authorized by the governing bodies having jurisdiction over such property.

(B) (1) It is unlawful for any person in the passenger area of a motor vehicle to possess an open alcoholic beverage container while the motor vehicle is located in a public parking area or on any highway in this municipality.

(2)Except as provided in Neb. RS 53-186, it is unlawful for any person to consume an alcoholic beverage:

(a) In a public parking area or on any highway in this municipality; or

(b) Inside a motor vehicle while in a public parking area or on any highway in this

(3)For purposes of this division (B), the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Alcoholic Beverage. Beer, ale porter, stout and other similar fermented beverages, including sake or similar products, of any name or description containing 0.5% or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefor; wine of not less than 0.5% of alcohol by volume; or distilled spirits which is that substance known as ethyl alcohol, ethanol or spirits of wine in any form, including all dilutions and mixtures thereof from whatever source or by whatever process produced. “alcoholic beverage” does not include trace amounts not readily consumable as a beverage;

Highway. A road or street, including the entire area within the right-of-way.

Open Alcoholic Beverage Container. Any bottle, can or other receptacle:

1. That contains any amount of alcoholic beverage; and

2. That is open or has a broken seal; or the contents of which are partially removed.

Passenger Area. The area designed to seat the driver and passengers while the motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in their seating positions, including any compartments in such area. PASSENGER AREA does not include the area behind the last upright seat of such motor vehicle if the area is not normally occupied by the driver or a passenger and the motor vehicle is not equipped with a trunk.

(Neb. RS 53-186, 60-6,211.08; 1999 Code, § 6-316; Ord. 744)

§ 130.17 Sexual Predator Residency Restrictions.

(A) Findings and intent.

(1)The state legislature has found that certain sex offenders present a high risk to commit repeat offenses and has enabled municipalities to restrict such persons’ place of residency as provided in the Sexual Predator Residency Restriction Act.

(2)Sex offenders who prey on children and who are high risks to repeat such acts present an extreme threat to public safety. The cost of sex offender victimization to these children and to society at large, while incalculable, is exorbitant.

(3)It is the intent of this section to serve the city’s compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the city by creating certain areas around locations where children regularly congregate in concentrated numbers where certain sexual predators cannot reside.

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

Child Care Facility. A facility licensed pursuant to the Child Care Licensing Act.

Reside. To sleep, live or dwell at a place, which may include more than one location, and may be mobile or transitory.

School. A public, private, denominational or parochial school which meets the requirements for state accreditation or approval.

Residence. A place where an individual sleeps, lives or dwells, which may include more than one location, and may be mobile or transitory.

Sex Offender. An individual who has been convicted of a crime listed in Neb. RS 29-4003 and who is required to register as a sex offender pursuant to the Sex Offender Registration Act.

Sexual Predator. An individual who is required to register under the Sex Offender Registration Act, who has been classified as Level 3 because of a high risk of recidivism as determined by the Nebraska State Patrol under Neb. RS 29-4013 and who has victimized a person 18 years of age or younger.

(C) Sexual predator residency restrictions; penalties; exceptions.

(1)Prohibited location of residence. It is unlawful for any sexual predator to reside within 500 feet from a school or child care facility.

(2)Measure of distance. For purposes of determining the minimum distance separation, the distance shall be measured by following a straight line from the outer property line of the residence to the nearest outer boundary line of the school or child care facility.

(3)Penalties. A person who violates this section shall be punished as provided generally in the

(4)Exceptions. This section shall not apply to a sexual predator who:

(a) Resides within a prison or correctional or treatment facility operated by the state or a political subdivision;

(b) Established a residence before July 1, 2006, and has not moved from that residence; or

(c) Established a residence after July 1, 2006, and the school or child care facility triggering the restriction was established after the initial date of the sexual predator’s residence at that location.

(Ord. 797)

§ 130.18 Public Nudity.

(A) It shall be unlawful for a person to, knowingly or intentionally, in a public place or in any place open to the public, appear in a state of nudity.

(B) Nudity — means the showing of the human male or female genitals or pubic area with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering on any part of the areola and nipple, or the showing of covered male genitals in a discernibly turgid state.

(C) This section shall not apply to:

(1)Any theater, concert hall, art center, museum or similar establishment which is primarily devoted to the arts or theatrical performances and in which any of the circumstances contained in this section were permitted or allowed as part of such art exhibit or performance;

(2)Any dressing/changing room or restroom facility open to the public;

(3)Any person under 12 years of age; or

(4)Mothers who are breastfeeding.

(D) The penalty upon conviction of an offense of public nudity shall be as set forth in § 130.99.

(Ord. 826)

§ 130.99 Penalty.

(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, § 6-401; Ord. 744)