CODE CITY OF BEATRICE, NEBRASKA

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GENERAL ORDINANCES OF THE CITY

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Adopted, July 6, 1987
Effective, August 1, 1987

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Published by Order of the City Council, 1987

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OFFICIALS

of the

CITY OF BEATRICE, NEBRASKA

AT THE TIME OF THIS CODIFICATION

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Robert J. Sargent, Sr.

Mayor

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James Nedrow

James Rector

John Bartels

Tom Wolf

Connie Hartig

Robert J. Landen

Ron Fleecs

Alan Fetty

City Council

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Rhonda L. Haney

City Attorney

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Gwen Grabouski

City Clerk

PREFACE

This Code constitutes a complete recodification of the ordinances of the City of Beatrice, Nebraska, of a general and permanent nature.

Source materials used in the preparation of the Code were the 1971 Code, as supplemented through July 15, 1985, and ordinances subsequently adopted by the city council. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this volume, the reader can locate any section of the city Code, as supplemented, and any subsequent ordinance included herein.

The chapters of the Code have been conveniently arranged in alphabetical order and the various sections within each chapter have been catchlined to facilitate usage. Footnotes which tie related sections of the Code together and which refer to relevant state laws have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this volume.

Numbering System

The numbering system used in this Code is the same system used in many state and municipal codes. Each section number consists of two component parts separated by a dash, the figure before the dash referring to the chapter number and the figure after the dash referring to the position of the section within the chapter. Thus, the first section of Chapter 7 is numbered 7-1 and the eighth section of Chapter 5 is 5-8. Under this system, each section is identified with its chapter and at the same time new sections or even whole chapters can be inserted in their proper place simply by using the decimal system for amendments. By way of illustration: If new material consisting of three sections that would logically come between sections 5-4 and 5-5 is desired to be added, such new sections would be numbered 5-4.1, 5-4.2 and 5-4.3 respectively. New chapters may be included in the same manner. If the new material is to be included between Chapters 4 and 5, it will be designated as Chapter 4.5. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject, the next successive number being assigned to the article or division.

Index

The general index of the Code has been prepared with the greatest of care. Each particular item has been placed under several headings, some of the headings being couched in lay phraseology, others in legal terminology, and still others in language generally used by municipal officials and employees. There are numerous cross references within the index itself which stand as guideposts to direct the user to the particular item in which he is interested.

Looseleaf Supplements

A special feature of this Code to which the attention of the user is especially directed is the looseleaf system of binding and supplemental servicing for the Code. With this system, the Code will be kept up-to-date periodically. Upon the final passage of amendatory ordinances, they will be properly edited and the appropriate page or pages affected will be reprinted. These new pages will be distributed to holders of copies of the Code, with instructions for the manner of inserting the new pages and deleting the obsolete pages. Each such amendment, when incorporated into this Code, may be cited as a part hereof.

The successful maintenance of this Code up-to-date at all times will depend largely upon the holder of the volume. As revised sheets are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publishers that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

Acknowledgments

The publication of this Code was under the direct supervision of Milton E. Lefkoff, Supervising Editor, and Laura Johnson, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

The publishers are most grateful to Ms. Rhonda L. Haney, City Attorney, for her cooperation and assistance during the progress of the work on this Code. It is hoped that her efforts and those of the publishers have resulted in a Code of Ordinances which will make the active law of the city readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's affairs.

MUNICIPAL CODE CORPORATION
Tallahassee, Florida

ADOPTING ORDINANCE
ORDINANCE NUMBER 87-29

An Ordinance of the City of Beatrice, Nebraska, Revising All Ordinances of a General and Permanent Nature; To Adopt and Enact a Comprehensive Code of Ordinances of the City of Beatrice, Nebraska; To Repeal Certain Ordinances; To Exempt Certain Ordinances from Repeal; To Provide for Penalties; To Repeal Conflicting Ordinances; and To Provide for an Effective Date of this Ordinance.

Be It Ordained by the Mayor and City Council of the City of Beatrice, Nebraska:

Section 1. The Code of Ordinances, consisting of Chapters 1 through 26, each inclusive, and constituting a codification of the city's ordinances in conformity with Section 16-404, Revised General Statutes, Nebraska, 1943, is hereby adopted and enacted as "The Code of the City of Beatrice, Nebraska," and the same shall be treated and considered as a new and comprehensive ordinance which shall supersede all other general and permanent ordinances passed by the city council on or before October 6, 1986, to the extent provided in section 2 hereof.

Section 2. All provisions of such Code shall be in full force and effect from and after the 1st day of August, 1987, and all ordinances of a general and permanent nature enacted by the city council on or before the 6th day of October, 1986, and not included in such Code or recognized and continued in force by reference therein, are hereby repealed from and after the 1st day of August, 1987, except as otherwise provided in section 3 hereof. No resolution of the city council not specifically mentioned is hereby repealed.

Section 3. The repeal provided for in section 2 hereof shall not affect any of the following:

(1)

Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of such Code;

(2)

Any ordinance promising or guaranteeing the payment of money by or for the city, or authorizing the issuance of any bonds, notes or other evidence of the city's indebtedness, or the cancellation of same;

(3)

Any contract or obligation assumed by the city;

(4)

Any ordinance relating to the purchase, condemnation, acquisition or dedication of property for public use;

(5)

Any ordinance dedicating, establishing, opening, reopening, naming, renaming, widening, narrowing or vacating any street, boulevard, avenue, alley or other public way, including rights-of-way;

(6)

Any ordinance designating, declaring or establishing any trafficway or connections with or between the same;

(7)

Any ordinance establishing or changing the grade of any street, avenue, boulevard, trafficway or other public way;

(8)

Any ordinance authorizing, directing or otherwise relating to any public improvements;

(9)

Any ordinance creating sewer districts or districts for public improvements of any kind or nature;

(10)

Any ordinance establishing or changing the limits of the city or pertaining to consolidations, annexations or exclusions;

(11)

Any appropriation ordinance or ordinance relating to the transfer of funds;

(12)

Any ordinance levying general or special taxes or special assessments;

(13)

Any ordinance granting pensions to retired officers and employees;

(14)

Any ordinance granting any right, privilege, easement or franchise to any person, firm or corporation or releasing any easement;

(15)

Any ordinance regulating subdivisions within the city;

(16)

Any ordinance establishing or changing the zoning classification of any property within the city or amending the city's zoning map;

(17)

Ordinances prescribing traffic regulations for specific streets or areas, such as ordinances designating one-way streets, arterial highways, through streets, stop intersections or intersections where traffic is to be controlled by signals, and ordinances prohibiting, restricting, limiting or otherwise regulating the stopping, standing or parking of vehicles on specific streets or in specific areas;

(18)

Any ordinance establishing rates and charges for or fees for connection to any utility service;

(19)

Ordinance Number 79-42 and amendments thereto;

(20)

Ordinance Number 79-52 and amendments thereto;

(21)

Ordinance Number 81-31;

(22)

Any ordinance which, by its own terms, expires after a specified time or on a prescribed date; and

(23)

Any ordinance enacted after October 6, 1987.

The repeal provided for by section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance repealed by this ordinance.

Section 4. Whenever in such Code an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in such Code the doing of any act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provision of such Code shall be punished by a fine not exceeding five hundred dollars ($500.00) and the violator shall stand committed to the city jail until such fine and costs of prosecution are paid. Each day that a violation of such Code continues shall constitute a separate and distinct offense and shall be punishable as provided in section 1-8 of such Code.

Section 5. Any and all additions and amendments to such Code, when passed in such form as to indicate the intention of the city council to make the same a part thereof, shall be deemed to be incorporated in such Code so that reference to "The Code of the City of Beatrice, Nebraska," shall be understood and intended to include such additions and amendments.

Section 6. In case of the amendment of any section of such Code for which a penalty is not provided, the general penalty as provided in section 4 of this ordinance and section 1-8 of such Code shall apply to the section as amended; or, in case such amendment contains provisions for which a penalty, other than the aforementioned general penalty, is provided in another section in the same chapter, the penalty so provided in such other section shall be held to relate to the section so amended, unless such penalty is specifically repealed therein.

Section 7. One (1) copy of such Code shall be kept on file in the office of the city clerk with the ordinance books of the city. It shall be the duty of the city clerk, or someone authorized by him, to maintain such copy by inserting in their designated places all amendments and ordinances which indicate the intention of the city council to make the same a part of such Code when the same have been printed or reprinted in page form, and by extracting from such copy all provisions which are repealed by the city council. This copy of such Code shall be available to all persons desiring to examine the same.

Section 8. It shall be unlawful for any person to change or amend, by additions or deletions, any part or portion of such Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of Beatrice to be misrepresented thereby. Any person violating this section shall be punished as provided in section 4 of this ordinance.

Section 9. All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.

Section 10. This ordinance shall be in effect on and after the 1st day of August, 1987.

PASSED AND APPROVED this 6th day of July, 1987.

	/s/ Robert J. Sargent, Sr.       Mayor

ATTEST:

/s/ Gwen Grabouski       City Clerk

(SEAL)

CERTIFICATION

STATE OF NEBRASKA       )
)	SS.
COUNTY OF GAGE       )

 

I, Gwen Grabouski, the duly appointed, qualified and acting City Clerk of the City of Beatrice, Nebraska, do hereby certify that the attached copy is a true, complete and correct copy of Ordinance Number 87-29 of the City of Beatrice, Nebraska, passed and approved by the Mayor and City Council of said City of Beatrice on the 6th day of July, 1987.

I further certify that said Ordinance Number 87-29 appears of record in the Journal of City Council Proceedings, a part of the official records of said City of Beatrice and that the original Ordinance Number 87-29 is on file in my office.

I further certify that Ordinance Number 87-29 was duly published as provided by law as evidenced by the Affidavit of Publication hereto attached and made a part hereof.

WITNESS MY HAND and the official seal of the City of Beatrice, Nebraska, this 23d day of July, 1987.

	/s/ Gwen Grabouski       City Clerk of the City of

Beatrice, Nebraska

(SEAL)

AFFIDAVIT OF PUBLICATION

STATE OF NEBRASKA       )
)	SS.
COUNTY OF GAGE       )

 

LaVonna Moslander, being first duly sworn, on oath, says that she is the chief clerk of the Beatrice Daily Sun, a legal daily newspaper printed and published in Gage County, Nebraska, and having a bona fide circulation of more than 300 copies of each issue; that the notice, a true copy of which is hereto attached, was published in each and every Friday issue of said newspaper for one publication, the publication being on the 10th day of July, 1987, that said newspaper had been published in whole or in part in the office of said county from which distribution took place for more than 52 consecutive weeks prior to the publication of said notice.

	/s/ LaVonna Moslander

Subscribed in my presence and sworn to before me this 10th day of July, 1987.

	/s/ Judith Trebold       Notary Public

My commission expires July 23, 1989.