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Chapter 2

CHAPTER II MISDEMEANORS

ARTICLE I - MISMEANORS

2-101 RESISTING OR FAILING TO ASSIST OFFICER
2-102 ABUSING OFFICER
2-103 IMPERSONATING OFFICER PROHIBITED
2-104 TRESPASSING
2-105 INJURY TO TREES
2-106 TRASH
2-107 DRINKING IN PUBLIC
2-108 DESTRUCTION OF POSTED ADVERTISEMENTS
2-109 POSTING
2-110 DISCHARGE OF FIREARMS
2-111 CONCEALED WEAPONS
2-112 SLINGSHOTS, AIR GUNS, BB GUNS
2-113 EXCESSIVE NOISE CONTROL
2-114 DISTURBING THE PEACE
2-115 DISORDERLY CONDUCT
2-116 WINDOW PEEPING
2-117 STALKING
2-118 OPERATING GAMBLING DEVICES OR LOTTERY; PROHIBITED
2-119 GAMBLING PROHIBITED
2-120 PANDERING, PROSTITUTION, AND ILLICIT SEXUAL INTERCOURSE; PROHIBITED
2-121 HOUSE OF PROSTITUTION; DISORDERLY HOUSE; PROHIBITED
2-122 INDECENT EXPOSURE OF PERSON; PUBLIC URINATION; INDECENT BOOK, PICTURE, PLAY, DESIGN
2-123 LITTERING
2-124 ALLOWING THE ACCUMULATION OF LITTER
2-125 PROHIBITED FENCES
2-126 APPLIANCES IN YARD
2-127 OBSTRUCTION OF PUBLIC WAYS
2-128 OBSTRUCTING WATER FLOW
2-129 REMOVING DIRT
2-130 POSSESSION OF TOBACCO BY MINORS
2-131 DESTRUCTION OF PROPERTY
2-132 PARADE; DISTRIBUTION OF MATERIAL

ARTICLE II - CURFEW

2-201 CURFEW HOURS
2-202 CURFEW HOURS EXTENDED
2-203 VIOLATION; PARENTAL LIABILITY
2-204 ENFORCEMENT; POLICE AUTHORIZATION
2-205 PENALTIES

ARTICLE III - DOGS

2-301 LICENSE
2-302 LICENSE TAGS
2-303 WRONGFUL LICENSING
2-304 OWNER DEFINED
2-305 UNCOLLARED
2-306 RUNNING AT LARGE
2-307 CAPTURE IMPOSSIBLE
2-308 RABIES VACCINATION
2-309 RABIES SUSPECTED; IMPOUNDMENT
2-310 RABID DOGS; CAPTURE IMPOSSIBLE
2-311 RABIC DOGS; PROCLAMATION
2-312 INTERFERENCE WITH POLICE
2-313 KILLING AND POISONING
2-314 BARKING AND OFFENSIVE
2-315 FIGHTING
2-316 LIABILITY OF OWNER
2-317 REMOVAL OF TAGS
2-318 IMPOUNDING
2-319 DANGEROUS DOGS; DEFINITIONS
2-320 DANGEROUS DOGS; RESTRAINED
2-321 DANGEROUS DOGS; CONFINED
2-322 DANGEROUS DOGS; FAILURE TO COMPLY
2-323 DANGEROUS DOGS; ADDITIONAL REGULATIONS
2-324 OFFICER'S COMPENSATION

ARTICLE IV - KENNELS

2-401 DEFINITIONS
2-402 LICENSING REQUIRED
2-403 REGULATIONS
2-404 VIOLATION OF LICENSING PROVISIONS

ARTICLE V - ANIMALS GENERALLY

2-501 ANIMALS; BANNED FROM MUNICIPALITY
2-502 ANIMALS; CRUELTY
2-503 ANIMALS; ENCLOSURES
2-504 SNAKES AND FOWLS; PROHIBITED
2-505 DEFINITIONS

ARTICLE VI - NUISANCES

2-601 GENERALLY DEFINED
2-602 SPECIFICALLY DEFINED
2-603 ABATEMENT
2-604 FAILURE TO CORRECT
2-605 COST OF REMOVAL
2-606 JURISDICTION
2-607 AIR POLLUTION; PROHIBITED
2-608 WATER POLLUTION; PROHIBITED

ARTICLE VII - PENAL PROVISION

2-701 VIOLATION; PENALTY
2-702 ABATEMENT OF NUISANCE

CHAPTER II MISDEMEANORS

ARTICLE I - MISDEMEANORS

SECTION 2-101: RESISTING OR FAILING TO ASSIST OFFICER

It shall be unlawful for any person in this city to hinder, obstruct or resist any City Policeman in making any arrest or performing any duty of his/her office, or to refuse or neglect to assist any such officer when called upon by him/her in making of any arrest or the conveying of a prisoner to jail. (Ref. 28-903, 28-904 RS Neb.)

SECTION 2-102: ABUSING OFFICER

It shall be unlawful for any person to abuse a police officer or city official in the execution of his/her office. (Ref. 28-729 RS Neb.)

SECTION 2-103: IMPERSONATING OFFICER PROHIBITED

It shall be unlawful for any person in said city, other than a regular policeman or other authorized officer or employee of the city, to wear a badge similar to or resembling the badges prescribed for or furnished the police force or any other officer or employee of the city, or to willfully impersonate, or endeavor to impersonate, any such policeman, officer or employee or seek to exercise authority as such. (Ref. 28-610 RS Neb.)

SECTION 2-104: TRESPASSING

It shall be unlawful for any person to trespass upon any private grounds within the City, or to break, cut or injure any tree, shrub, plant, flower or grass growing thereon, or without the consent of the owner or occupant to enter upon an improved lot or grounds occupied for residence purposes and to loiter about the same. (Ref. 28-588, 28-588.01 RS Neb.)

SECTION 2-105: INJURY TO TREES

It shall be unlawful for any person to purposely or carelessly, and without lawful authority, cut down, carry away, injure, break down, or destroy any fruit, ornamental, shade or other tree or trees standing or growing on any land belonging to another person or persons or on any public land in the corporate limits. Any public service company desiring to trim or cut down any tree, except on property owned and controlled by them, shall make an application to the Governing Body to do so, and the written permit of the Governing Body in accordance with their decision to allow such an action shall constitute the only lawful authority on the part of the company to do so. (Ref. 28-519 RS Neb.) (Amended by Ord. No. 478-A, 11/1/77)

SECTION 2-106: TRASH

It shall be unlawful for any person to willfully, maliciously or negligently place or throw upon the premise of another any filth, garbage, leaves, papers or other matter to the annoyance of the owner or occupant thereon. (Ref. 28-523 RS Neb.)

SECTION 2-107: DRINKING IN PUBLIC

It shall be unlawful for any person to consume alcoholic beverages in the public streets, alleys, roads, highways, or upon any property owned by the City or other governmental subdivision thereof, or inside vehicles while upon the public streets, alleys, roads, or highways, in theatres, dance halls, or any other place open to the public; provided, the provisions of this section shall not apply to liquor establishments licensed by the State of Nebraska. (Ref. 53-186 RS Neb.) (Amended by Ord. No. 449-A, 4/19/76)

SECTION 2-108: DESTRUCTION OF POSTED ADVERTISEMENTS

It shall be unlawful for any person to wrongfully and maliciously tear, deface, remove or cover up the posted advertisement or bill of any person, firm or corporation when said bill or advertisement is rightfully and lawfully posted and the same remains of value.

SECTION 2-109: POSTING

It shall be unlawful for any person to post, paste or paint any sign, advertisement or other writing of any nature upon a fence, pole, building or other property without the written permission of the owner of the said property.

SECTION 2-110: DISCHARGE OF FIREARMS

It shall be unlawful for any person, except an officer of the law in the discharge of his/her official duty, to fire or discharge any gun, pistol or other firearm within the City; 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. (Ref. 17-556 RS Neb.)

SECTION 2-111: CONCEALED WEAPONS

It shall be unlawful for any person or persons to carry about their person any concealed pistol, revolver, knife, billy club, slingshot, metal knuckles or other dangerous weapon of any kind. Nothing herein shall be construed to apply to the City Police. (Ref. 28-1001 RS Neb.)

SECTION 2-112: 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 City.

SECTION 2-113: EXCESSIVE NOISE CONTROL

It is hereby determined to be unlawful to operate industrial equipment, heavy machinery, jack hammer and other industrial equipment emitting loud noise or to race automobile engines within the City between the hours of 10:00 P.M. and 7:00 A.M. in such a manner as to disturb the comfort, repose, peace and quiet of residents of the City, unless such activity has been approved in advance by the City Council.

SECTION 2-114: DISTURBING THE PEACE

It shall be unlawful for any person or persons to assemble or gather within the City with the intent to do an unlawful or disorderly act by force or violence against the City or residents therein, or who shall disturb the public peace, quiet, security, repose or sense of morality. Any person or persons so assembled or gathered shall be deemed to be guilty of a misdemeanor. (Ref. 28-818 RS Neb.)

SECTION 2-115: 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 a misdemeanor. (Ref. 17-129, 17-556 RS Neb.)

SECTION 2-116: WINDOW PEEPING

It shall be unlawful for any person to maliciously or stealthily go upon the premises of another in said city and look or peep into any window, door or other opening in any building located thereon which is occupied as a place of abode, or to go upon the premises of another for the purpose of looking or peeping into any window, door or other opening in any building thereon which is occupied as a place of abode.

SECTION 2-117: STALKING

Any person who willfully and maliciously harasses another person with the intent to terrify, threaten or intimidate commits the offense of stalking. For purposes of this section, "harass" shall mean to engage in a knowing and willful course of conduct directed at a specific person which seriously terrifies, threatens, or intimidates the person and which serves no legitimate purpose, and "course of conduct" shall mean a pattern of conduct composed of a series of acts of following, detaining, restraining the personal liberty of or stalking the person or repetitiously telephoning the person.

SECTION 2-118: OPERATING GAMBLING DEVICES OR LOTTERY;
PROHIBITED

It shall be unlawful for any person or organization to operate or permit to be operated in this city any lottery, game of chance or gambling device of any kind unless sanctioned by the City and operated pursuant to Nebraska law. (Ref. 28-1101 through 28-1104 RS Neb.)

SECTION 2-119: GAMBLING PROHIBITED

It shall be unlawful for any person to participate in any lottery or game of chance, except bingo, in this city unless sanctioned by the City and authorized and licensed by state law. (Ref. 28-1101 through 28-1104 RS Neb.)

SECTION 2-120: PANDERING, PROSTITUTION, AND ILLICIT SEXUAL
INTERCOURSE; PROHIBITED

It shall be unlawful for any person to engage in or commit any act of pandering, prostitution or illicit sexual intercourse within said city.

SECTION 2-121: HOUSE OF PROSTITUTION; DISORDERLY HOUSE;
PROHIBITED

It shall be unlawful for any person to keep, operate or maintain or to be an inmate of or visit a house of prostitution or a disorderly house within this city. A house of prostitution shall be construed to mean a house or other place which is kept, used or operated as a place for hire for prostitution purposes. A disorderly house shall be construed to mean any place kept in such a manner as to disturb, annoy or scandalize the public generally or persons within the particular neighborhood, or any place used as a public resort by drunkards, prostitute or other idle or vicious persons, or any place of public resort where illegal practices are habitually carried on to the corruption of public morals.

SECTION 2-122: INDECENT EXPOSURE OF PERSON; PUBLIC URINATION;
INDECENT BOOK, PICTURE, PLAY, DESIGN

It shall be unlawful for any person within this city to make an indecent exposure of his/her person; to urinate or defecate in public view; to commit any indecent or lewd act; or to sell or offer for sale, or to dispense of in any manner any obscene, lewd or indecent book, picture or other publication or thing; to exhibit or perform any indecent, immoral, lewd or obscene play or other representation; or in any public place to write, draw, or make any profane, obscene, indecent or lewd work, sentence, figure or design.

SECTION 2-123: LITTERING

(1) Any person who deposits, throws, discards, or otherwise disposes of any litter on any public or private property or in any waters commits the offense of littering unless:

(a) Such property is an area designated by law for the disposal of such material and such person is authorized by the proper public authority to so use such property; or
(b) The litter is placed in a receptacle or container installed on such property for such purpose.

(2) The word litter as used in this section shall mean all waste material susceptible of being dropped, deposited, discarded or otherwise disposed of by any person upon any property in the state but does not include wastes of primary processes of farming or manufacturing. Waste material as used in this section shall mean any material appearing in a place or in a context not associated with that material's function or origin.

(3) Whenever litter is thrown, deposited, dropped, or dumped from any motor vehicle or watercraft in violation of this section, the operator of such motor vehicle or watercraft commits the offense of littering. (Ref. 28-523 RS Neb.) (Amended by Ord. No. 976, 3/21/95)

SECTION 2-124: ALLOWING THE ACCUMULATION OF LITTER

It shall be unlawful for any person to allow the accumulation of litter on property owned or controlled by them. Upon notice by the municipal police of the accumulation of litter the owner or person in the control of such property shall promptly remove such litter within 24 hours of such notice or shall be guilty of a misdemeanor punishable by a fine of not more than $500.00.

SECTION 2-125: 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.

SECTION 2-126: 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/she shall first remove all doors and make the same reasonably safe. (Ref. 18-1720 RS Neb.)

SECTION 2-127: 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.

SECTION 2-128: OBSTRUCTING WATER FLOW

It shall be unlawful for any person to stop or obstruct the passage of water in a street gutter, culvert, water pipe or hydrant.

SECTION 2-129: REMOVING DIRT

It is hereby declared unlawful for any person to remove, disturb or take away from any street, alley or public grounds any dirt, earth, stones or other materials forming a part of such street, alley or public grounds without first having obtained written permission to do so from the Governing Body.

SECTION 2-130: POSSESSION OF TOBACCO BY MINORS

Except when required in the performance of a person's duty as an employee, it shall be unlawful for any person under the age of 18 years to possess any tobacco products, provided that the possession by a person under the age of 18 years under the direct supervision of the parent or guardian of such person in the privacy of the parent's or guardian's home shall not be prohibited.

Tobacco products shall be defined to mean any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco.

Persons convicted of violating the provisions of this section shall be punished by a monetary fine of not less than $35.00 and not more than $100.00. (Ord. No. 1083, 2/17/98)

SECTION 2-131: DESTRUCTION OF PROPERTY

It shall be unlawful for any person, wantonly or maliciously, in any manner to molest, injure or destroy any property of another in this city. (Ref. 28-572, 28-573 RS Neb.)

SECTION 2-132: PARADE; DISTRIBUTION OF MATERIAL

It shall be unlawful for any person to do any activity which should induce an individual to enter the parade route, or to distribute material, candy, etc. from any parade entry, unless distributed by an individual walking and the material, candy, etc. is handed directly to observers or is tossed beyond the street and curb.
(Ord. No. 1122, 2/8/99)

ARTICLE II - CURFEW

SECTION 2-201: CURFEW HOURS

It shall be unlawful for any person under the age of 16 years to loiter, idle, wander, stroll, play or be in or upon the public streets, public places and public buildings, places of amusement and entertainment, vacant buildings, vacant lots or otherwise operate any bicycle or other vehicle, in, upon, over or through the streets of other public places of the city between the hours of 1:00 A.M. and 5:00 A.M. of any day, unless such person is accompanied by a parent, guardian or other adult person having the legal case and custody of said minor person or unless the minor person is upon an emergency errand or legitimate business, directed by his/her parents, guardian or legal custodian, except as hereinafter provided.

SECTION 2-202: CURFEW HOURS EXTENDED

Nothing herein contained shall prohibit said minor persons from attending special school functions or adult supervised entertainment conducted by any school, church or fraternal organization, which continue beyond the curfew hours as set out in Section 2- 201 above. In all such cases the hours herein prohibited shall be extended for those minors attending said special social function or entertainment one hour after the closing of said special function.

SECTION 2-203: VIOLATION; PARENTAL LIABILITY

It shall be unlawful for the parent, guardian or other adult person, having the care and custody of minors under the age of 16 years to allow or permit said minor person to do any of the acts or things prohibited by Section 2-201 or 2-202. In the event that a parent violates the provisions herein, such parent shall be fined in a sum not to exceed $500.00. Each violation shall constitute a separate offense.

SECTION 2-204: ENFORCEMENT; POLICE AUTHORIZATION

Every member of the police force, while on duty, shall be authorized to detain any such minor willfully violating the provisions of this ordinance, and upon apprehension of said minor shall forthwith notify by telephone or other appropriate means the parents or legal guardians or person in custody of said minor child.

SECTION 2-205: PENALTIES

Any violation of the foregoing provisions of this article shall constitute a misdemeanor and shall be punishable by a warning for the first offense, a fine of $10.00 for the second offense, and a third and any subsequent violation shall constitute a violation of Section 2-203 and the parents of said child shall be held liable.

ARTICLE III - DOGS

SECTION 2-301: LICENSE

Any person who shall own, keep or harbor a dog over the age of six months within the City shall within 30 days after acquisition of the said dog acquire a license for such dog annually by or before the 1st day of January of each year. The said tax shall be delinquent from and after January 10th; provided, the possessor of any dog brought into or harbored within the corporate limits subsequent to January 1st of any year shall be liable for the payment of the dog tax levied herein and such tax shall be delinquent if not paid within ten days thereafter. Licenses shall be issued by the City Clerk upon the payment of a license fee of $3.00 for male and neutered dogs and $4.00 for each unspayed female dog. Said license shall not be transferable and no refund will be allowed in case of death, sale or other disposition of the licensed dog. The owner shall state at the time the application is made and upon printed forms provided for such purpose, his/her name and address and the name, breed, color and sex of each dog owned and kept by him/her. A certificate that the dog has had a rabies shot, effective for the ensuing year of the license, shall be presented when the license is applied for and no license or tag shall be issued until the certificate is shown. (Ref. 17-526, 54-603, 71-4412 RS Neb.) (Amended by Ord. No. 877, 5/5/92)

SECTION 2-302: LICENSE TAGS

Upon the payment of the license fee, the City Clerk shall issue to the owner of a dog a license certificate and a metallic tag for each dog so licensed. The metallic tags shall be properly attached to the collar or harness of all dogs so licensed and shall entitle the owner to keep or harbor the said dog until 31st day of December following such licensing. In the event that a license tag is lost and upon satisfactory evidence that the original plate or tag was issued in accordance with the provisions herein, the City Clerk shall issue a duplicate or new tag for the balance of the year for which the license tax has been paid and shall charge and collect a fee set by resolution of the Governing Body for each duplicate or new tag so issued. All license fees and collections shall be immediately credited to the General Fund. Each and every tag shall have plainly engraved or stamped thereon in plain letters, "Dog Tax O'Neill, Nebraska," and in figures the year for which the same was given and the number, which shall represent the number of such plate or tag; provided that the shape and appearance of same be different each year and shall be numbered from one upward. (Ref. 17-526, 54-603 RS Neb.)

SECTION 2-303: WRONGFUL LICENSING

It shall be unlawful for the owner, keeper or harborer of any dog to permit or allow such dog to wear any license, metallic tag or other city identification than that issued by the City Clerk for dogs, nor shall the owner, keeper or harborer wrongfully and knowingly license an unspayed female dog with a license prescribed for a male or spayed female dog. (Ref. 17-526, 54-603 RS Neb.)

SECTION 2-304: OWNER DEFINED

Any person who shall harbor or permit any dog to be for ten days or more in or about his or her house, store or enclosure, or to remain to be fed, shall be deemed the owner and possessor of such dog and shall be deemed to be liable for all penalties herein prescribed. (Ref. 54-606, 71-4401 RS Neb.)

SECTION 2-305: UNCOLLARED

All dogs found running at large upon the streets and public grounds of the City without a collar or harness are hereby declared a public nuisance. Uncollared dogs found running at large shall be killed or impounded in the City Dog Shelter by the City Police. (Ref. 54-605 RS Neb.)

SECTION 2-306: RUNNING AT LARGE

It shall be unlawful for the owner of any dog to allow such dog to run at large at any time within the corporate limits of the City. It shall be the duty of the City Police to cause any dog found to be running at large within the City to be taken up and impounded. "Running at Large" shall mean any dog found off the premise of the owner, and not under control of the owner or a responsible person, either by leash, cord, chain, wire, rope, cage or other suitable means of physical restraint. Owner shall be defined as anyone who provides food, shelter or exercises control over the dog while on premises owned or controlled by him/her.

SECTION 2-307: CAPTURE IMPOSSIBLE

The City Police shall have the authority to kill any animals showing vicious tendencies or characteristics of rabies which make capture impossible because of the danger involved. (Ref. 54-605 RS Neb.)

SECTION 2-308: RABIES VACCINATION

Every dog three months of age and older shall be vaccinated against rabies pursuant to Nebraska law. Puppies shall be vaccinated within 30 days after having reached three months of age. Unvaccinated dogs acquired or moved into the City must be vaccinated within 30 days after purchase or arrival, unless under three months of age as specified above. The provisions of this ordinance with respect to vaccination shall not apply to any dogs owned by a person temporarily residing within this city for less than 30 days, any dog brought into this city for show purposes, or any dog brought into this city for hunting purposes for a period of less than 30 days; such dogs shall be kept under the strict supervision of the owner.

SECTION 2-309: RABIES SUSPECTED; IMPOUNDMENT

Any dog or other animal suspected of being afflicted with rabies or any dog not vaccinated in accordance with the provisions set forth above which has bitten any person or has caused an abrasion of the skin of any person shall be seized by a police officer or animal control officer of this city and shall be impounded under the supervision of a licensed veterinarian or public health authority for not less than ten days. If testing is required by the licensed veterinarian the cost of the same shall be paid by the owner of the animal tested. If, upon examination and testing by a veterinarian, the dog or other animal has no clinical signs of rabies at the end of such impoundment, it shall be released to the owner upon said owner paying the costs of said impoundment, or, in the case of a stray, shall be disposed of in whatever manner deemed best by the city police officer.
(Ref. 71-4406 RS Neb.)

SECTION 2-310: RABID DOGS; CAPTURE IMPOSSIBLE

The animal control officer shall have the authority to kill any domestic animals with the characteristics of rabies which make capture impossible because of the danger involved.

SECTION 2-311: RABID DOGS; PROCLAMATION

It shall be the duty of the City Council or Mayor whenever, in their opinion, the danger to the public safety from rabid dogs is great or imminent, to issue a proclamation ordering all persons owning, keeping or harboring any dog to muzzle the same, or to confine it for a period of not less than 30 days or more than ninety days from the date of such proclamation, or until such danger is past. The dogs may be harbored by any good and sufficient means in a house, garage or yard on the premises wherein the said owner may reside. Upon issuance of the proclamation it shall be the duty of all persons owning, keeping or harboring any dog to confine the same as herein provided.

SECTION 2-312: INTERFERENCE WITH POLICE

It shall be unlawful for any person to hinder, delay, or interfere with any City Policeman who is performing any duty enjoined upon him/her by the provisions of this Article, or to break open, or in any manner directly or indirectly aid, counsel, or advise the breaking open of the animal shelter, any ambulance wagon, or other vehicle used for the collecting or conveying of dogs to the shelter. (Ref. 28-906 RS Neb.)

SECTION 2-313: KILLING AND POISONING

It shall be unlawful to kill, or to administer, or cause to be administered, poison of any sort to a dog, or in any manner to injure, maim or destroy, or in any manner attempt to injure, maim or destroy any dog that is the property of another person, or to place any poison, or poisoned food where the same is accessible to a dog; provided that this section shall not apply to City Policemen acting within their power and duty. (Ref. 28-1002 RS Neb.)

SECTION 2-314: BARKING AND OFFENSIVE

It shall be unlawful for any person to own, keep or harbor any dog which by loud, continued or frequent barking, howling or yelping shall annoy or disturb any neighborhood or person, or which habitually barks at or chases pedestrians, drivers or owners of horses or vehicles while they are on any public sidewalks, streets or alleys in the City. Upon the written complaint of any affected person that any dog owned by the person named in the complaint is an annoyance or disturbance or otherwise violates the provisions of this section, the City Police shall investigate the complaint and, if in their opinion the situation warrants, shall notify the owner to silence and restrain such dog. The provisions of this section shall not be construed to apply to the City Dog Shelter. (Ref. 17-526 RS Neb.) (Amended by Ord. No. 521, 11/6/79)

SECTION 2-315: FIGHTING

It shall be unlawful for any person, by agreement or otherwise, to set dogs to fighting, or by any gesture or word to encourage the same to fight. (Ref. 17-526 RS Neb.)

SECTION 2-316: LIABILITY OF OWNER

It shall be unlawful for any person to allow a dog owned, kept or harbored by him/her, or under his/her charge or control, to injure or destroy any real or personal property of any description belonging to another person. The owner or possessor of any such dog, in addition to the usual judgment upon conviction, may be made to be liable to the persons so injured in an amount equal to the value of the damage so sustained. (Ref. 54-601, 54-602 RS Neb.)

SECTION 2-317: REMOVAL OF TAGS

It shall be unlawful for any person to remove or cause to be removed, the collar, harness or metallic tag from any licensed dog without the consent of the owner, keeper or possessor thereof. (Ref. 17-526 RS Neb.)

SECTION 2-318: IMPOUNDING

It shall be the duty of the City Police to capture, secure and remove in a humane manner to the City Animal Shelter, licensed kennel or Veterinary Clinic any dog violating any of the provisions of this Article. The dogs so impounded shall be treated in a humane manner and shall be provided with a sufficient supply of food and fresh water each day. Each impounded dog shall be kept and maintained at the pound for a period of not less than five days after public notice has been given unless reclaimed earlier by the owner. Notice of impoundment of all animals, including any significant marks or identifications, shall be posted at the office of the City Clerk within 24 hours after impoundment as public notification of such impoundment. Any dog may be reclaimed by its owner during the period of impoundment by payment of a general impoundment fee and daily board fee as set by resolution of the Governing Body and on file in the office of the City Clerk and by complying with the licensing and rabies vaccination requirements prior to release. If the dog is not claimed at the end of required waiting period after public notice has been given, the City Police may dispose of the dog in accordance with the applicable rules and regulations pertaining to the same; provided, that if, in the judgment of the City Police, a suitable home can be found for any such dog within the City, the said dog shall be turned over to that person and the new owner shall then be required to pay all fees and meet all licensing and vaccinating requirements provided in this Article. The City shall acquire legal title to any unlicensed dog impounded in the Animal Shelter for a period longer than the required waiting period after giving notice. All dogs shall be destroyed and buried in the summary and humane manner as prescribed by the Board of Health unless a suitable home can be found for such dog. (Ref. 17-548, 71-4408 RS Neb.) (Amended by Ord. Nos. 477-A, 11/1/77; 626, 3/1/83; 834, 6/5/91)

SECTION 2-319: DANGEROUS DOGS; DEFINITIONS

"Animal Control Authority" shall mean the entity authorized to enforce the animal control laws of the City of O'Neill.

"Animal Control Officer" shall mean any individual employed, appointed or authorized by an animal control authority for the purpose of aiding in the enforcement of this act or any other law or ordinance relating to the licensing of animals, control of animals, or seizure and impoundment of animals and shall include any state or local law enforcement or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal.

"Dangerous dog" shall mean any dog that, according to the records of an animal control authority:

a. has killed or inflicted severe injury on a human being or public or private property;
b. has killed a domestic animal without provocation while the dog was off the owner's property; or
c. has been previously determined to be a potentially dangerous dog by an animal control authority and the owner has received notice of such determination and such dog again aggressively bites, attacks or endangers the safety of humans or domestic animals. A dog shall not be defined as a dangerous dog if the threat, any injury that is not a severe injury, or the damage was sustained by a person who, at the time, was committing a willful trespass as defined in Section 20-203, 28-520, or 28-521 or any other tort upon the property of the owner of the dog; who was tormenting, abusing or assaulting the dog; who has, in the past, been observed or reported to have tormented, abused or assaulted the dog; or who was committing or attempting to commit a crime;

"Domestic Animal" shall mean a cat, a dog or livestock;

"Owner" shall mean any person, firm, corporation, organization, political subdivision, or department possessing, harboring, keeping or having control or custody of a dog;

"Potentially Dangerous Dog" shall mean:

a. any dog that when unprovoked;

(i) inflicts a nonsevere injury on a human or injures a domestic animal either on public or private property, or;
(ii) chases or approaches a person upon streets, sidewalks or any public grounds in a menacing fashion or apparent attitude of attack, or;

b. any specific dog with a known propensity, tendency or disposition to attack when unprovoked, to cause injury, or to threaten the safety of humans or domestic animals; and

"Severe Injury" shall mean any physical injury that results in disfiguring lacerations requiring multiple sutures or cosmetic surgery or one or more broken bones or that creates a potential danger to the life or health of the victim.
(Ref. 54-617 RS Neb.) (Ord. No. 794, 12/5/89)

SECTION 2-320: DANGEROUS DOGS; RESTRAINED

No owner of a dangerous dog shall permit the dog to go beyond the property of the owner unless the dog is restrained securely by a chain or leash. (Ref. 54-618 RS Neb.) (Ord. No. 794, 12/5/89)

SECTION 2-321: DANGEROUS DOGS; CONFINED

While unattended on the owner's property, a dangerous dog shall be securely confined, in a humane manner, indoors or in a securely enclosed and locked pen or structure suitably designed to prevent the entry of young children and to prevent the dog from escaping. The pen or structure shall have secure sides and a secure top. If the pen or structure has no bottom secured to the sides, the sides shall be embedded into the ground. The pen or structure shall also protect the dog from the elements. The owner of a dangerous dog shall post a warning sign on the property where the dog is kept that is clearly visible and that informs persons that a dangerous dog is on the property. (Ref. 54-619 RS Neb.)(Ord. No. 794, 12/5/89)

SECTION 2-322: DANGEROUS DOGS; FAILURE TO COMPLY

Any dangerous dog may be immediately confiscated by an animal control officer if the owner is in violation of this article. The owner shall be responsible for the reasonable costs incurred by the animal control authority for the care of a dangerous dog confiscated by an animal control officer or for the destruction of any dangerous dog if the action by the animal control authority is pursuant to law and if the owner violated this article.

In addition to any other penalty, a court may order the animal control authority to dispose of a dangerous dog in an expeditious and humane manner. (Ref. 54-620 RS Neb.) (Ord. No. 794, 12/5/89)

SECTION 2-323: DANGEROUS DOGS; ADDITIONAL REGULATIONS

Nothing in this article shall be construed to restrict or prohibit any governing body of the municipality from establishing and enforcing laws or ordinances at least as stringent as the provisions of this article. (Ref. 54-624 RS Neb.) (Ord. No. 794, 12/5/89)

SECTION 2-324: OFFICER'S COMPENSATION

For destroying and burying dogs under the provisions of this Article, the official appointed to destroy said dogs shall be paid, in addition to his/her regular salary, the sum of $1.00 for each dog so destroyed and buried. (Ref. 17-526 RS Neb.)

ARTICLE IV - KENNELS

SECTION 2-401: DEFINITIONS

As used in this article unless the context otherwise indicates:

a. "Dog" shall be intended to mean both male and female.
b. "Owner" shall be intended to mean person or persons, firms, association or corporation owning, possessing, keeping or harboring a dog, or permitting same to be or remain upon or about his or her premises.
c. "Kennel" shall be intended to mean the ownership, possession, keeping or harboring of three or four dogs over the age of six months to be or remain upon his or her premises. No kennel shall own, possess, keep or harbor more than four dogs or any amount of puppies over the age of six weeks upon his/her premises.

SECTION 2-402: LICENSING REQUIRED

It shall be unlawful to operate a kennel, as defined above, anywhere in the City or the one mile zoning jurisdiction of the City without first securing a kennel license from the O'Neill Police Department. At the time of application for such kennel license, the owner shall state on forms provided for such purpose the owner's name and address and the breed, sex and number of dogs, and number of dogs for breeding. A five day waiting period will follow said application for an inspection of the kennel by the O'Neill police department, in order that it may be determined that the kennel meets the standards and regulations for operating a kennel before issuance of the license. Said permit and license shall be on a one year license/permit from date of issuance and can be revoked for violation of said standards and regulations after due notice and hearing to said kennel owner or operator. The one year fee for such a kennel license shall be $200.00. The licensing year for a kennel shall be from the date of issuance.

The owner shall also be liable to comply with Section 2-301 requiring the licensing of each dog in said kennel and with Section 2-302 requiring all dogs to wear tags. It is specifically provided that each dog in said kennel over the age of six months shall have a certificate or other substantial proof evidencing that each dog in said kennel is currently vaccinated for rabies, said certificate or other substantial proof to be available for inspection by the officers of the O'Neill Police Department upon request. The proof of the vaccination will also be required to be presented to the O'Neill Police Department at the time of application for a kennel license. The owner shall also be liable to comply with all city ordinances pertaining to dogs. Any owner that violates any of the regulations and ordinances shall have their kennel license revoked.
(Ref. 17-526 RS Neb.) (Ord. No. 1102, 8/3/98)

SECTION 2-403: REGULATIONS

1. Structure; Construction. Housing facilities for dogs must be outside dwellings designed and constructed so that they are structurally sound. They must be kept in good repair, and they must protect the dogs from injury, contain the dogs securely, and restrict other animals from entering. The housing shall provide sufficient shade to shelter all the dogs housed in the primary enclosure at one time. The housing shall provide shelter and protection from extreme temperatures and weather conditions that may be uncomfortable or hazardous to all the dogs. The housing shall also provide sufficient space to allow each dog to turn about freely, to stand, sit and lie in a comfortable, normal position, and to walk in a normal manner.

2. Condition and Site. Every place used as a kennel shall be kept in a clean and sanitary condition. Housing facilities and areas used for storing dog food or bedding must be free of any accumulation of trash, waste material, junk, weeds and other discarded materials. Dog areas inside of housing facilities must be kept neat and free of clutter, including equipment, furniture, and stored material, but may contain materials actually used and necessary for cleaning the area. All animals shall be humanely treated and any animal having any disease shall be properly isolated and treated.

SECTION 2-404: VIOLATION OF LICENSING PROVISIONS

In the event it is determined that the kennel is in violation of any provision relating to kennel licenses, the City shall give the license holder written notice setting forth the violations and ten days in which to correct said violation. In the event said violation is not corrected in said ten days, a hearing will be held by the O'Neill City Council to determine if the kennel license should be revoked. Notice of said hearing shall be given to the license holder in writing at least five days prior to the hearing. Written notices required herein shall be delivered personally or by regular United States mail, postage prepaid, duly addressed to the address as shown on the application for kennel license.

The City may issue citations for kennel license violations without first holding any hearing as set forth above. In the event the holder of the license is convicted in court of any violation, the licensee shall cease operation of a kennel and shall immediately reduce the number of dogs to less than three.
(Ord. No. 1102, 8/3/98)

ARTICLE V - ANIMALS GENERALLY

SECTION 2-501: ANIMALS; BANNED FROM CITY

It shall be unlawful for any person to keep or maintain within the corporate limits any horse, mule, sheep, cow, goat, swine or other livestock. (Ref. 17-123 RS Neb.)

SECTION 2-502: ANIMALS; CRUELTY

No person shall cruelly or unnecessarily beat, overwork, or insufficiently shelter or feed any animal within the City. (Ref. 28-1001, 28-1002 RS Neb.)

SECTION 2-503: ANIMALS; ENCLOSURES

All pens, cages, sheds, yards or any other area or enclosure for the confinement or animals and fowls not specifically barred within the corporate limits shall be kept in a clean and orderly manner so as not to become a menace or nuisance to the neighborhood in which the said enclosure is located.

SECTION 2-504: SNAKES AND FOWLS; PROHIBITED

It is unlawful for any person, firm or corporation to keep, maintain or confine snakes or fowls within the corporate limits of the City and maintenance or confinement of such snakes or fowl is hereby determined to be a nuisance.

SECTION 2-505: DEFINITIONS

"Snakes" shall be defined as any poisonous snake or boa constrictor.

"Fowl" is hereby defined as chickens, turkeys, guinea hens, ducks, swans, ostriches, emus, geese or any similar bird. Canaries, parrots and other birds normally kept in the house are specifically excluded from this definition.

ARTICLE VI - NUISANCES

SECTION 2-601: GENERALLY DEFINED

A nuisance consists in doing any unlawful act, or omitting to perform a duty, or suffering or permitting any condition or thing to be or exist, which act, omission, condition or thing either:

1. Injures or endangers the comfort, repose health, or safety of others,
2. Offends decency,
3. Is offensive to the senses,
4. Unlawfully interferes with, obstructs, tends to obstruct or renders dangerous for passage any stream, public park, parkway, square, street or highway in the City.
5. In any way renders other persons insecure in life or the use of property, or
6. Essentially interferes with the comfortable enjoyment of life and property, or tends to depreciate the value of the property of others.
(Ref. 18-1720 RS Neb.)

SECTION 2-602: SPECIFICALLY DEFINED

The maintaining, using, placing, depositing, leaving or permitting of any of the following specific acts, omissions, places, conditions and things are hereby declared to be nuisances:

1. Any odorous, putrid, unsound or unwholesome grain, meat, hides, skins, feathers, vegetable matter, or the whole or any part of any dead animal, fish or fowl.

2. Privies, vaults, cesspools, dumps, pits or like places which are not securely protected from flies or rats, or which are foul or malodorous.

3. Filthy, littered or trash-covered cellars, houseyards, barn-yards, stable-yards, factory-yards, mill yards, vacant areas in rear of stores, granaries, vacant lots, houses, buildings or premises.

4. Animal manure in any quantity, which is not securely protected from flies and the elements, or which, is kept or handled in violation of any ordinance of the City.

5. Liquid household waste, human excreta, garbage, butcher's trimmings and offal, parts of fish or any waste vegetable or animal matter in any quantity; provided, nothing herein contained shall prevent the temporary retention of waste in receptacles in a manner provided by the health officer of the City, nor the dumping of nonputrifying waste in a place and manner approved by the health officer.

6. Tin cans, bottles, glass, cans, ashes, small pieces of scrap iron, wire metal articles, bric-a-brac, broken stone or cement, broken crockery, broken glass, broken plaster, and all trash or abandoned material, unless the same be kept in covered bins or galvanized iron receptacles.

7. Trash, litter, rags, accumulations of barrels, boxes, crates, packing crates, mattresses, bedding, excelsior, packing hay, straw or other packing material, lumber not neatly piled, scrap iron, tin or other metal not neatly piled, old automobiles or parts thereof, or any other waste materials when any of said articles or materials create a condition in which flies or rats may breed or multiply, or which may be a fire danger or which are so unsightly as to depreciate property values in the vicinity thereof.

8. Any unsightly building, billboard, or other structure, or any old, abandoned or partially destroyed building or structure or any building or structure commenced and left unfinished, which said buildings, billboards or other structures are either a fire hazard, a menace to the public health or safety, or are so unsightly as to depreciate the value of property in the vicinity thereof.
(Ref. 18-1720 RS Neb.)

9. All places used or maintained as junkyards or dumping grounds, or for the wrecking and dissembling of automobiles, trucks, tractors or machinery of any kind, or for the storing or leaving of wornout, wrecked or abandoned automobiles, trucks, tractors or machinery of any kind, or of any of the parts thereof, or for the storing or leaving of any machinery or equipment used by contractors or builders or by other persons, which said places are kept or maintained so as to essentially interfere with the comfortable enjoyment of life or property by others, or which are so unsightly as to tend to depreciate property values in the vicinity thereof.

10. Stagnant water permitted or maintained on any lot or piece of ground.

11. Stockyards, granaries, mills, pig pens, cattle pens, chicken pens or any other place, building or enclosure in which animals or fowl of any kind are confined or on which are stored tankage or any other animal or vegetable matter, or on which any animal or vegetable matter, including grain, is being processed, when said places in which said animals are confined, or said premises on which said vegetable or animal matter is located, are maintained and kept in such a manner that foul and noxious odors are permitted to emanate therefrom, to the annoyance of inhabitants of the City, or are maintained and kept in such a manner as to be injurious to the public health.

12. Maintenance of weeds, grasses or worthless vegetation of 12 inches or more in height. Weeds shall include, but not be limited to, bindweed (convolvulus arvensis), puncture vine (tribulus terrestris), leafy spurge (euphorbia esula), Canada thistle (cirsium arvense), perennial peppergrass (lepidium draba), Russian knapweed (centaurea picris), Johnson grass (sorghum halepense), nodding or musk thistle, quack grass (agropyron repens), perennial sow thistle (sonchus arvensis), horse nettle (solanum carolinense), bull thistle (cirsium lanceoltaum), buckthorn (rhamnus sp.) (tourn), hemp plant (canabis sativa), and ragweed (ambrosiaceae).

13. All other things specifically designated as nuisances elsewhere in this Code.
(Ref. 18-1720 RS Neb.)

SECTION 2-603: ABATEMENT

Whenever the City Police or code enforcement officer determines that a nuisance is being maintained within the City, the police chief or city attorney shall cause written notice to be served by registered mail or by personal service upon the owner or occupant of the property on which the nuisance is located. Such notice shall state the type of nuisance located on the property and shall provide that such nuisance shall be abated or removed within 15 days of receipt of such notice, except weeds shall be removed within ten days of receipt of such notice
(Amended by Ord. 1179, 8/6/01; Ord.No. 1239, 7/7/03)

SECTION 2-604: FAILURE TO CORRECT

In the event that the owner or occupant of said premises fails to correct and eliminate said nuisance pursuant to the notice delivered by the City Police, he/she shall be guilty of a misdemeanor. Each day's violation after the expiration of the 15 days notice shall be a separate offense.

SECTION 2-605: COST OF REMOVAL

If the owner or occupant of the lot or piece of ground fails to comply with the order to abate and remove the nuisance within fifteen days from receipt of the notice to abate or within ten days from receipt of the notice to abate if the nuisance is weeds, the City may have such work done and the cost and expense of such work shall be paid by the owner of the property. If unpaid for two months after such work is done, the City may either levy and assess the costs and expenses of the work upon the lot or piece of ground so benefited in the same manner as other special taxes for improvements are levied and assessed or recover in a civil action the costs and expenses of the work.
(Ref. 18-1720 RS Neb.) (Amended by Ord. No. 1239, 7/7/03)

SECTION 2-606: JURISDICTION

The Mayor and Chief of Police of the City are directed to enforce this Municipal Code against all nuisances. The jurisdiction of the Mayor, Chief of Police, and court shall extend to, and the territorial application of this article shall include, all territory adjacent to the limits of the City within one mile thereof and all territory within the corporate limits. (Ref. 18-1720 RS Neb.)

SECTION 2-607: AIR POLLUTION; PROHIBITED

It shall be unlawful for any person, firm or corporation to permit the emission of smoke from any source that is injurious or offensive to the residents of the City. Air shall be considered to be polluted when the discharge into the open air of dust, fumes, gases, mist, odors, smoke or any combination thereof is of such character and in a quantity which to any group of persons interferes with their health, repose or safety, or causes severe annoyance or discomfort or is offensive and objectionable to normal persons and causes injury to real and personal property of any kind. The standards for air pollution established or adopted by the State of Nebraska shall be presumptive evidence as to when the air is deemed to be polluted under this section. It is hereby unlawful for any such person, firm or corporation to permit or cause the escape of the aforesaid nuisances and the escape of the said dust, fumes, gases, mists, odors, and smoke is hereby declared to be a nuisance and shall be summarily abated upon written notice by Chief of Police of the City of O'Neill to the violator. Such abatement may be in addition to the penalty for air pollution in the City. (Ref. 18-1720, 28-1321 RS Neb.)

SECTION 2-608: WATER POLLUTION; PROHIBITED

It shall be unlawful for any person, firm or corporation to obstruct or impede without legal authority any river or collection of water, or to corrupt and render unwholesome or impure any watercourse, stream or other water. The standards for water quality established or adopted by the State of Nebraska shall be presumptive evidence as to when the water is deemed to be polluted under this section. Such a corruption of the water in or about the City shall constitute a nuisance and shall be summarily abated upon written notice to the violator by the Board of Health. The said abatement may be in addition to the penalty for water pollution. (Ref. 18-1720, 28-1321 RS Neb.)

ARTICLE VII - PENAL PROVISION

SECTION 2-701: VIOLATION; PENALTY

Any person who shall violate or refuse to comply with the enforcement of any of the provisions of this Chapter set forth at full length herein or incorporated by reference shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500.00 dollars for each offense. A new violation shall be deemed to have been committed every 24 hours of such failure to comply.

SECTION 2-702: ABATEMENT OF NUISANCE

Whenever a nuisance exists as defined in this Chapter, the City may proceed by a suit in equity to enjoin and abate the same, in the manner provided by law.