Chapter
14
MISCELLANEOUS
PROVISIONS AND OFFENSES*
*Cross
references--Application of certain ordinances to parking lots, private
property, etc., § 1-10; offenses involving minors and alcoholic beverages, §
3-4; housing discrimination, § 12-1; solicitation upon private premises without
invitation, § 13-1; parades, § 22-111 et seq.; driving while intoxicated, §
24-81; snow emergencies, § 24-201 et seq.
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Art. I. |
In General, §§ 14-1--14-15 |
Art. II. |
Offenses Against the Person, §§
14-16--14-40 |
|
Div. 1. Generally, §§
14-16--14-24 |
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Div. 2. Sexual Assault,
§§ 14-25--14-40 |
Art. III. |
Offenses Against Property, §§
14-41--14-85 |
|
Div. 1. Generally, §§
14-41--14-50 |
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Div. 2. Theft and
Related Offenses, §§ 14-51--14-70 |
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Div. 3. Trespass, §§
14-71--14-85 |
Art. IV. |
Offenses Involving Fraud, §§
14-86--14-120 |
|
Div. 1. Generally, §§
14-86--14-105 |
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Div. 2.
Identification Numbers, §§ 14-106--14-120
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Art. V. |
Offenses Involving the Family
Relation, §§ 14-121--14-135 |
Art. VI. |
Offenses Involving Morals, §§
14-136--14-160 |
|
Div. 1. Generally, §§
14-136--14-145 |
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Div. 2. Prostitution, §§
14-146--14-160 |
Art. VII. |
Offenses Involving Integrity and
Effectiveness of Government Operation, §§ 14-161--14-195 |
Art. VIII. |
Offenses Against Public Peace,
Order and Decency, §§ 14-196--14-205 |
Art. IX. |
Gambling, §§ 14-206--14-225 |
Art. X. |
Offenses Against the Public Health
and Safety, §§ 14-226--14-250 |
|
Div. 1. Generally, §§
14-226--14-235 |
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Div. 2. Weapons, §§
14-236--14-250 |
Art. XI. |
Picketing, §§ 14-251--14-265 |
Art. XII. |
Drugs, §§ 14-266--14-280 |
Art. XIII. |
Obscenity, §§ 14-281--14-300 |
Art. XIV. |
Other Offenses, §§ 14-301--14-322 |
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ARTICLE
I. IN GENERAL
Sec. 14-1. Definitions.
As used in this chapter, unless
expressly provided to the contrary or unless the context otherwise requires:
Act shall mean a bodily movement,
and includes words and possession of property.
Aid or assist shall mean
knowingly to give or lend money or credit to be used for, or to make possible
or available, or to further activity thus aided or assisted.
Benefit shall mean any
gain or advantage to the beneficiary including any gain or advantage to another
person pursuant to the desire or consent of the beneficiary.
Bodily injury shall mean
physical pain, illness, or any impairment of physical condition.
Conduct shall mean an
action or omission and its accompanying state of mind, or, where relevant, a
series of acts and omissions.
Deadly physical force
shall mean force, the intended, natural, and probable consequence of which is
to produce death, or which does, in fact, produce death.
Deadly weapon shall mean
any firearm, knife, bludgeon, or other device, instrument, material, or
substance, whether animate or inanimate, which in the manner it is used or
intended to be used is capable of producing death or serious bodily injury.
Deface shall mean to
alter the appearance of something by removing, distorting, adding to, or
covering all or a part of the thing.
Dwelling shall mean a
building or other thing which is used, intended to be used, or usually used by
a person for habitation.
Government shall mean
the United States, any state, county, municipality, or other political unit,
any branch, department, agency, or subdivision of any of the foregoing, and any
corporation or other entity established by law to carry out any government functions.
Governmental function shall mean any activity which a public servant is
legally authorized to undertake on behalf of government.
Motor vehicle shall mean
every self-propelled land vehicle, not operated upon rails, except
self-propelled invalid chairs.
Omission shall mean a
failure to perform an act as to which a duty of performance is imposed by law.
Peace officer shall mean
any officer or employee of the state or a political subdivision authorized by
law to make arrests, and shall include members of the National Guard on active
service by direction of the governor during periods of emergency or civil
disorder.
Pecuniary benefit shall
mean benefit in the form of money, property, commercial interest, or anything
else, the primary significance of which is economic gain.
Person shall mean any
natural person and where relevant any corporation or an unincorporated
association.
Public place shall mean
a place to which the public or a substantial number of the public has access,
and includes but is not limited to highways, transportation facilities, schools,
places of amusement, parks, playgrounds, and the common areas of public and
private buildings and facilities.
Public servant shall
mean any officer or employee of government, whether elected or appointed, and
any person participating as an advisor, consultant, process server, or
otherwise in performing a governmental function, but the term does not include
witnesses.
Recklessly shall mean
acting with respect to a material element of an offense when any person
disregards a substantial and unjustifiable risk that the material element
exists or will result from his conduct.
The risk must be of such a nature and degree that, considering the
nature and purpose of the actor's conduct and the circumstances known to him,
its disregard involves a gross deviation from the standard of conduct that a
law-abiding person would observe in the actor's situation.
Serious bodily injury
shall mean bodily injury which involves a substantial risk of death, or which
involves substantial risk or serious permanent disfigurement, or protracted
loss or impairment of the function of any part or organ of the body.
Tamper shall mean to
interfere with something improperly or to make unwarranted alterations in its
condition.
Thing of value shall
mean real property, tangible and intangible personal property, contract rights,
choses in action, services, and any rights of use or enjoyment connected
therewith.
Voluntary act shall mean
an act performed as a result of effort or determination, and includes the
possession of property if the actor was aware of his physical possession or
control thereof for a sufficient period to have been able to terminate it.
State law reference--Similar
provisions. R.R.S. 1943, 28-109.
Sec. 14-2.
Attempts.
(a) A person shall be guilty of attempt if he:
(1) Intentionally engages in conduct which would constitute the crime
or offense if the attendant circumstances were as he believes them to be; or
(2) Intentionally engages in conduct which, under the
circumstances as he believes them to be, constitutes a substantial step in a
course of conduct intended to culminate in his commission of the crime or
offense.
(b) When causing a particular result is an element of the crime or
offense, a person shall be guilty of an attempt to commit the crime or offense
if, acting with the state of mind required to establish liability with respect
to the attendant circumstances specified in the definition of the crime or
offense, he intentionally engages in conduct which is a substantial step in a
course of conduct intended or known to cause such a result.
(c) Conduct
shall not be considered a substantial step under this section unless it is
strongly corroborative of the defendant's criminal intent.
(d) Criminal attempt is an offense when the crime or offense attempted
is a violation of the provisions of this Code.
State law reference--Similar
provisions, R.R.S. 1943, 28-201.
Sec. 14-3. Conspiracy.
(a) A person shall be guilty of criminal conspiracy if, with intent to
promote or facilitate the commission of a felony:
(1) He agrees with one or more persons that they or one or more
of them shall engage in or solicit the conduct or shall cause or solicit the
result specified by the definition of the offense; and
(2) He or another person with whom he conspired commits an overt
act in pursuance of the conspiracy.
(b) If a person knows that one with whom he conspires to commit a
crime or offense has conspired with another person or persons to commit the
same crime or offense, he is guilty of conspiring to commit such crime or
offense with such other persons whether or not he knows their identity.
(c) If a person conspires to commit a number of crimes or offenses, he
is guilty of only one conspiracy so long as such multiple crimes or offenses
are the object of the same agreement or continuous conspiratorial relationship.
(d) Conspiracy is an offense.
State law reference--Similar
provisions, R.R.S. 1943, 28-202.
Sec. 14-4. Concealing knowledge of offense.
It shall be unlawful for any
person to conceal knowledge of the commission of any offense or to conceal
knowledge of any unlawful act as defined in this Code.
Source: Code 1962, § 6-1-10
Sec. 14-6. Violations of state law.
It shall be unlawful for any
person to commit any act or fail to perform any requirement which is prohibited
or required by state law, insofar as such laws are applicable to municipal
government.
Source: Code 1962, § 6-1-20
Sec. 14-7. Disorderly conduct prohibited; described.
A person shall be guilty of
disorderly conduct if, with the purpose of causing public danger, alarm,
disorder, nuisance, or if his conduct is likely to cause public danger, alarm,
disorder or nuisance, he willfully does any of the following acts:
(a)
Commits an act in a violent and tumultuous manner toward
another whereby the other or the other's property is placed in danger of life,
limb or health or in danger of being destroyed or damaged.
(b)
Causes, provokes or engages in any fight, brawl or riotous
conduct so as to endanger the life, limb, health or property of another.
(c)
Interferes with another's pursuit of a lawful occupation by
acts of violence.
(d)
Incites, attempts to incite or is involved in attempting to
incite a riot.
(e)
Addresses a threat or threats to any member of the city
police department, any other authorized official of the city who is engaged in
the lawful performance of his duties, or any other person, when such threat or
threats have a direct tendency to cause acts of violence.
(f)
Damages, befouls or disturbs public property or the property
of another so as to create a hazardous, unhealthy or physically offensive
condition.
(g)
Makes or causes to be made any loud, boisterous and
unreasonable noise, disturbance or act to the annoyance of any other person or
persons nearby, or near to any public highway, street, lane, alley, park,
square or common, whereby the public peace is broken or disturbed or the public
annoyed.
(h)
Fails to obey a lawful order to disperse by a police officer,
when known to be such an official, where one (1) or more persons are committing
acts of disorderly conduct in the immediate vicinity, and the public health and
safety is imminently threatened.
Source: Ord. No. 3058, § 1(61), 3-1-82; Ord.
No. 3435, § 1, 10-6-86
Editor's note--Ordinance No. 3058, § 1(61), enacted March 1,
1982, amended Ch. 14 by adding thereto provisions designated as § 14-63. For classification purposes, said provisions
are included herein as § 14-7.
Sec. 14-8. Prosecuting for aiding and abetting.
A person who aids, abets,
procures or causes another to commit any offense under Chapter 14 of this Code
may be prosecuted and punished as if he or she were the principal offender.
Source: Ord. No. 3380, 1-20-86; Ord. No. 3390, § 1,
3-3-86
Sec.
14-9. Urinating/defecating in public prohibited.
No person shall urinate or defecate in or upon any street,
sidewalk, alley, plaza, park, beach, public building or publicly maintained
facility, or in any place open to the public or exposed to public view. This section shall not apply to urination or
defecation which is done in any restroom or other facility designed for the
sanitary disposal of human waste.
Source: Ord. No. 4128, § 1, 10-2-95
ARTICLE
II. OFFENSES AGAINST THE PERSON*
*Cross
reference--Officers and employees generally, § 2-46 et seq.
DIVISION
1. GENERALLY
Sec. 14-16. Compounding a felony.
(a) A person is guilty of compounding a felony if he accepts or agrees
to accept any pecuniary benefit or other reward or promise thereof, as
consideration for:
(1) Refraining from seeking prosecution of an offender; or
(2) Refraining from reporting to law enforcement authorities the
commission of any felony or information relating to a felony.
(b) It is an affirmative defense to prosecution under this section
that the benefit received by the defendant did not exceed an amount which the
defendant reasonably believed to be due him as restitution for harm caused by
the crime.
(c) Compounding is an offense.
State law reference--Similar
provisions, R.R.S. 1943, 28-301.
Sec. 14-17. Assault in the third degree.
(a) A person commits the offense of assault in the third degree if he:
(1) Intentionally, knowingly, or recklessly causes bodily injury
to another person; or
(2) Threatens another in a menacing manner.
(b) Assault in the third degree shall be an offense.
Source: Code 1962, § 6-1-4
State law reference--Similar
provisions. R.R.S. 1943, 28-310.
Sec. 14-18.
False imprisonment in the second degree.
(a) A person commits false imprisonment in the second degree if he
knowingly restrains another person without legal authority.
(b) In any prosecution under this section, it shall be an affirmative
defense that the person restrained:
(1) Was on or in the immediate vicinity of the premises of a
retail mercantile establishment and he was restrained for the purpose of
investigation or questioning as to the ownership of any merchandise; and
(2) Was restrained in a reasonable manner and for not more than a
reasonable time; and
(3) Was restrained to permit such investigation or questioning by
a police officer, or by the owner of the mercantile establishment, his
authorized employee or agent; and
(4) That such police officer, owner, employee or agent had
reasonable grounds to believe that the person so detained was committing or
attempting to commit theft of merchandise on the premises;
Provided nothing in this
section shall prohibit or restrict any person restrained pursuant to this
section from maintaining any applicable civil remedy if no theft has occurred.
(c) False imprisonment in the second degree is an offense.
(d) As used in this section, unless the context otherwise requires:
(1) Restrain shall mean to restrict a person's movement in
such a manner as to interfere substantially with his liberty:
a. By means of force, threat, or deception; or
b. If the person is under the age of eighteen (18) years or
incompetent, without the consent of the relative, person, or institution having
lawful custody of him; and
(2) Abduct shall mean to restrain a person with intent to prevent
his liberation by:
a. Secreting or holding him in a place where he is not likely
to be found; or
b. Endangering or threatening to endanger the safety of any
human being.
State law reference--Similar
provisions, R.R.S. 1943, 28-312, 28-315.
DIVISION
2. SEXUAL ASSAULT
Sec. 14-25. Definitions.
As used in this division unless
the context otherwise requires:
Actor shall mean a
person accused of sexual assault.
Child care facility shall mean a facility licensed pursuant to the Child
Care Licensing act.
Intimate parts shall
mean the genital area, groin, inner thighs, buttocks, or breasts.
Residence shall mean a place where the person regularly sleeps, where the
person has established his home, where he is habitually present, and to which
when he departs he intends to return. A residence may include more than
one location and may be mobile or transitory. Residency may be shown by,
among other evidence, receipt of mail at the premises or identification of the
premises as a residence on a driver's license, vehicle registration, or other
document.
School shall mean a public, private, denominational, or parochial school
which meets the requirements for state accreditation or approval;
Serious personal injury
shall mean great bodily injury or disfigurement, extreme mental anguish or
mental trauma, pregnancy, disease, or loss or impairment of a sexual or
reproductive organ.
Sex offender shall mean an individual who has been convicted of a crime
listed in Section 29-4003 of the current state statutes and who is required to
register as a sex offender pursuant to the Sex Offender Registration Act, or any
person convicted under the law of another state if, at the time of the
conviction under the law of such other state, the offense for which the person
was convicted would have required registration under the Nebraska Sex Offender
Registration Act, if the conviction occurred in Nebraska.
Sexual contact shall
mean the intentional touching of the victim’s sexual or intimate parts or the
intentional touching of the victim’s clothing covering the immediate area of
the victim’s sexual or intimate parts.
Sexual contact shall include only such conduct which can be reasonably
construed as being for the purpose of sexual arousal or gratification.
Sexual penetration shall
mean sexual intercourse in its ordinary meaning, cunnilingus, fellatio, anal
intercourse, or any intrusion, however slight, of any part of the actor’s body
or any object manipulated by the actor into the genital or anal openings of the
victim’s body which can be reasonably construed as being for nonmedical or
nonhealth purposes. Sexual penetration
shall not require emission of semen.
Sexual predator shall mean an individual who is required to register
under the Sex Offender Registration Act, who has committed an aggravated offense
as defined in Nebraska Revised Statutes Section 29-4001.01, and who has victimized a person eighteen years of age or
younger.
Victim
shall mean the person alleging to have been sexually assaulted.
Source: Ord. No.
4886, § 1, 6-19-06; Ord No. 5103, § 1, 11-16-09
State law
reference--Similar
provisions, R.R.S. 1943, 26-318.
Sec. 14-26. Third degree sexual assault.
(a) Any person who subjects another person to sexual contact and:
(1) Overcomes the victim by force, threat of force, express or
implied, coercion, or deception; or
(2) Knew or should have known that the victim was physically or
mentally incapable of resisting or appraising the nature of his conduct
is
guilty of sexual assault in the third degree.
(b) The section shall not apply if the actor shall have caused serious
personal injury to the victim.
(c) Sexual assault in the third degree shall be an offense.
State law reference--Similar
provisions, R.R.S. 1943, 28-320.
Sec. 14-27. In-camera hearing.
Upon motion to the court by
either party in a prosecution in a case of sexual assault, an in-camera hearing
shall be conducted in the presence of the judge, under guidelines established
by the judge, to determine the relevance of evidence of the victim's or the
defendant’s past sexual conduct.
State law
reference--Similar
provisions, R.R.S. 1943, 28-321.
Sec. 14-28. Evidence of past sexual conduct-Generally.
If it is determined that there
is relevant evidence concerning the past sexual conduct of the victim or the
defendant, such evidence shall be admissible during the prosecution, but only
to the extent allowed by the judge.
State law reference--Similar
provisions, R.R.S. 1943, 28-322.
Sec. 14-29. Same--Restrictions.
Specific instances of prior
sexual activity between the victim and any person other than the defendant
shall not be admitted into evidence in prosecutions under this division unless
consent by the victim is at issue, when such evidence may be admitted if it is
first established to the court at an in-camera hearing that such activity shows
a violation to the conduct involved in the case and tends to establish a
pattern of conduct or behavior on the part of the victim as to be relevant to
the issue of consent.
State law reference--Similar
provisions, R.R.S. 1943, 28-323.
(a) Prohibited location of residence. It is unlawful for any person who is a
sexual predator as defined herein or under similar provisions of any other
state, to reside within five hundred (500) feet of the real property comprising
a public, private, denominational or parochial school which meets the
requirements for accreditation or approval in Chapter 70 of the current state
statutes or a child care facility.
(b)
Measurement of distance. For purposes of determining the minimum distance
separation, the requirement shall be measured by following a straight line from
the outer property line of the permanent residence or temporary residence to the
nearest outer boundary line of a public or nonpublic elementary or secondary
school or child care facility.
(c) Penalties. A person who violates this section shall be punished as
provided generally in this code.
(d)
Exceptions. A person residing within five hundred (500) feet of any real
property comprising of a public or nonpublic elementary or secondary school or
child care facility does not commit a violation of this section if any of the
following apply:
(1)
The person's residence results from a requirement to serve a sentence at a jail,
prison, juvenile facility, or resides in any other correctional institution or
facility including a correctional or treatment facility operated by the state or
any political subdivision.
(2)
The person established such residence before July 1, 2006 and has not moved from
that residence.
(3)
The person's place of residence becomes a violation of this ordinance solely
because of annexation into the city.
(4)
Established a residence after July 1, 2006 and the public or nonpublic
elementary or secondary school or child care facility within five hundred (500)
feet of the person's permanent residence was established after the person's
initial date of residence at that location.
(e)
Severability. If any provision of this ordinance or its application to any
person or circumstances shall be held invalid, the remainder of the ordinance,
or the application or the provisions to other persons or circumstances, shall
not be affected.
Source: Ord. No. 4886, § 2, 6-19-06
ARTICLE
III. OFFENSES AGAINST PROPERTY
DIVISION
1. GENERALLY
Sec. 14-41. Definition.
As used in this article, unless
the context otherwise requires, "building" shall mean a structure
which has the capacity to contain, and is designed for the shelter of man,
animals, or property, and includes ships, trailers, sleeping cars, aircraft, or
other vehicles or places adapted for overnight accommodations of persons or
animals, or for carrying on of business therein, whether or not a person or
animal is actually present. If a
building is divided into units for separate occupancy, any unit not occupied by
the defendant is a building of another.
State law reference--Similar
provisions, R.R.S. 1943, 28-501.
Sec. 14-42. Third degree
arson.
(a) A person commits arson in the third degree if he intentionally
sets fire to, burns, causes to be burned, or by the use of any explosive,
damages or destroys, or causes to be damaged or destroyed, any property of
another without his consent, other than a building or occupied structure. This section shall apply only if the damages
are less than one hundred dollars ($100.00).
(b) Arson in the third degree is an offense.
Source: Code 1962, § 6-1-3
State law reference--Similar
provisions, R.R.S. 1943, 28-504.
Sec. 14-43. Littering.
(a) Any person who deposits, throws, discards, or otherwise disposes
of any litter, including snow or ice, on any public or private property, street,
alley, or other public way or in any waters, commits the
offense of littering unless:
(1) Such property is in 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
(2) The litter is placed in a receptacle or container installed
on such property for such purpose.
(b) The word "litter," as used in this section, means all
rubbish, refuse, waste material, garbage, trash, debris, or other foreign
substances, solid or liquid, of every form, size, kind and description,
including snow and ice, but does not include waste or primary processes of
farming or manufacturing.
(c) 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.
Source: Code 1962, §§ 6-16-1, 6-16-3, 6-16-4; Ord.
No. 3179, § 1, 12-19-83
Cross references--Garbage
and trash, Ch. 10; rubbish on highway, § 24-283.
State law reference--Similar
provisions, R.R.S. 1943, 28-523.
DIVISION
2. THEFT AND RELATED OFFENSES
Sec. 14-51. Definitions.
As used in this division,
unless the context otherwise requires:
Deprive shall mean:
(1) To withhold property of another permanently or for so
extended a period as to appropriate a major portion of its economic value, or
with intent to restore only upon payment of reward or other compensation; or
(2) To dispose of the property of another so as to create a
substantial risk that the owner will not recover it in the condition it was
when the actor obtained it.
Financial institution
shall mean a bank, insurance company, credit union, building and loan
association,
investment trust, or other organization held out to the public as a place of
deposit of funds or medium of savings or collective investment.
Movable property shall
mean property the location of which can be changed, including things growing
on, affixed to, or found in land, and documents although the rights represented
thereby may have no physical location.
Immovable property shall mean all other property.
Obtain shall mean:
(1) In relation to property, to bring about a transfer or
purported transfer of a legal interest in the property, whether to the obtainer
or another; or
(2) In relation to labor or service, to secure performance
thereof;
Property shall mean
anything of value, including real estate, tangible and intangible personal
property, contract rights, credit cards, charge plates, or any other instrument
which purports to evidence an undertaking to pay for property or services
delivered or rendered to or upon the order of a designated person or bearer, choses in action and other interests in or claims to wealth, admission or
transportation tickets, captured or domestic animals, food and drink, electric
or other power.
Property of another
shall mean property in which any person other than the actor has an interest
which the actor is not privileged to infringe, regardless of the fact that the
actor also has an interest in the property and regardless of the fact that the
other person might be precluded from civil recovery because the property was
used in an unlawful transaction or was subject to forfeiture as
contraband. Property in possession of
the actor shall not be deemed property of another who has only a security
interest therein, even if legal title is in the creditor pursuant to a
conditional sales contract or other security agreement.
Receiving shall mean
acquiring possession, control or title, or lending on the security of the
property.
Stolen shall mean
property which has been the subject of theft or robbery or a vehicle which is
received from a person who is then in violation of section 28-517 of the
Reissue Revised Statutes of Nebraska, 1943.
State law reference--Similar
provisions, R.R.S. 1943, 28-509.
Sec. 14-52. Violations.
Any person who commits an act
of theft shall be punished by a fine of no more than one thousand dollars
($1,000.00) or by imprisonment for no more than six (6) months or by both such
fine and imprisonment.
Source: Code 1962, § 6-1-17; Ord. No. 2868, § 1,
5-5-80; Ord. No. 3115, § 1, 1-3-83
Sec. 14-53. Consolidation of theft offenses.
Conduct denominated theft in
this division constitutes a single offense embracing the separated offenses
heretofore known as larceny, embezzlement, false pretense, extortion,
blackmail, fraudulent conversion, receiving stolen property, and the like. An accusation of theft may be supported by
evidence that it was committed in any manner that would be theft under this
division, notwithstanding the specification of a different manner in the complaint
or information, subject only to the power of the court to insure fair trial by
granting a continuance or other appropriate relief where the conduct of the
defense would be prejudiced by lack of fair notice or by surprise.
State law reference--Similar
provisions, R.R.S. 1943, 28-510.
Sec. 14-54. Theft by unlawful taking or disposition.
(a) A person is guilty of
theft if he or she takes, or exercises control over, movable property of another
with the intent to deprive him or her thereof.
(b) A person is guilty of theft if he or she transfers immovable property of another
or any interest therein with the intent to benefit himself or herself or another
not entitled thereto.
(c)
Except as provided in subsection (d) of this section, it shall be presumed that
a lessee's failure to return leased or rented movable property to the lessor
after the expiration of a written lease or written rental agreement is done with
intent to deprive if such lessee has been mailed notice by certified mail that
such lease or rental agreement has expired and he or she has failed within ten
(10) days after such notice to return such property.
(d) A person is guilty of theft if he or she (1)
rents or leases a motor vehicle under a written lease or rental agreement
specifying the time and place for the return of the vehicle and fails to return
the vehicle within seventy-two (72) hours of written demand for return of the vehicle made upon him or her
by certified mail to the address given by him or her for such purpose or (2)
uses a fraudulent or stolen credit card to rent or lease a vehicle.
Nothing in this subsection shall apply to any person who (i) through
inadvertence, mistake, act of God, or other natural occurrence has
unintentionally failed to return a rented motor vehicle or to inform the owner
of the location of the vehicle or (ii) has had a rented motor vehicle stolen or
otherwise converted from his or her possession and has filed the appropriate
report with law enforcement authorities.
Source: Code 1962, § 6-1-53(B), (C);
Ord. No. 3023, § l(B), (C), (E), 11-2-81; Ord. No. 3088, §§ 17, 18, 9-7-82;
Ord. No. 3915, § 1, 11-16-92; Ord No. 4578, § 1, 4-15-02
State law reference--Similar
provisions, R.R.S. 1943, 28-511.
Sec. 14-55. Theft by deception.
(a) A person is guilty of theft if he obtains or attempts to obtain
property of another by deception. A
person deceives if he intentionally:
(1) Creates or reinforces a false impression, including false
impressions as to law, value, intention or other state of mind; but deception
as to a person’s intention to perform a promise shall not be inferred from the
fact alone that he did not subsequently perform the promise; or
(2) Prevents another from acquiring information which would
affect his judgment of a transaction; or
(3) Fails to correct a false impression which the deceiver
previously created or reinforced, or which the deceiver knows to be influencing
another to whom he stands in a fiduciary or confidential relationship; or
(4) Uses a credit card, charge plate, or any other instrument
which purports to evidence an undertaking to pay for property or services
delivered or rendered to or upon the order of a designated person or bearer:
a. Where such instrument has been stolen, forged, revoked, or
canceled, or where for any other reason its use by the actor is unauthorized;
or
b. Where the actor does not have the intention and ability to
meet all obligations to the issuer arising out of his use of the instrument.
(b) The word “deceive” does not include falsity as to matters having
no pecuniary significance, or statements unlikely to deceive ordinary persons
in the group addressed.
Source: Ord. No. 3023, § 1(E), 11-2-81; Ord. No.
3391, § 1, 3-17-86
State law reference--Similar
provisions, R.R.S. 1943, 28-512.
Sec. 14-56. Theft by extortion.
(a) A person commits theft if he obtains property of another by
threatening to:
(1) Inflict bodily injury on anyone or commit any other criminal
offense; or
(2) Accuse anyone of a criminal offense; or
(3) Expose any secret tending to subject any person to hatred,
contempt or ridicule, or to impair his credit or business repute; or
(4) Take or withhold action as an official, or cause an official
to take or withhold action; or
(5) Bring about or continue a strike, boycott, or other
collective unofficial action, if the property is not demanded or received for
the benefit of the group in whose interest the actor purports to act; or
(6) Testify or provide information or withhold testimony or
information with respect to another’s legal claim or defense.
(b) It is an affirmative defense to prosecution based on subdivision
(a)(2), (a)(3) or (a)(4) of this section that the property obtained by threat
of accusation, exposure, lawsuit or other invocation of official action was
honestly claimed as restitution or indemnification for harm done in the
circumstances to which such accusation, exposure, lawsuit or other action
relates, or as compensation for property or lawful services.
State law
reference--Similar
provisions, R.R.S. 1943, 28-513.
Sec. 14-57. Theft of property lost, mislaid, or
delivered by mistake.
A person who comes into control
of property of another that he knows to have been lost, mislaid, or delivered
under a mistake as to the nature or amount of the property or the identity of
the recipient commits theft if, with intent to deprive the owner thereof, he fails
to take reasonable measures to restore the property to a person entitled to
have it.
State law reference--Similar
provisions, R.R.S. 1943, 28-514.
Sec. 14-58. Theft of services.
(1) A person commits theft if he or she obtains services, which he or
she knows are available only for compensation, by deception or threat or by
false token or other means to avoid payment for the service. Services include labor, professional
service, telephone service, electric service, cable television service, or other
public service, accommodation in hotels, restaurants, or elsewhere, admission
to exhibitions, and use of vehicles or other movable property. When compensation for service is ordinarily
paid immediately upon the rendering of such service, as in the case of hotels
and restaurants, refusal to pay or absconding without payment or offer to pay
gives rise to a presumption that the service was obtained by deception as to
intention to pay.
(2) A person commits theft if, having control over the disposition of
services of others to which he or she is not entitled, he or she diverts such
services to his or her own benefit or to the benefit of another not entitled
thereto.
(3) For purposes of this subsection, telecommunications service shall
include, but not be limited to, telephone service and cable television service,
and device shall include, but not be limited to, instrument, apparatus,
equipment, and plans or instructions for making or assembling the same.
A
person commits theft if he or she:
(a) Knowingly makes or possesses any device designed to or
commonly used to obtain telecommunications service fraudulently from a licensed
cable television franchisee with the intent to use such device in the
commission of an offense described in subsection (1) of this section;
(b) Knowingly tampers with, interferes with, or connects to any
cables, wires, converters, or other devices used for the distribution of
telecommunications services by any mechanical, electrical, acoustical, or other
means without authority from the operator of the service with the intent of
obtaining telecommunications service fraudulently; or
(c) Sells, gives, transfers, or offers or advertises for sale a
device which such person knows or should know is intended to be used for the
purpose of obtaining telecommunications service fraudulently.
Source: Ord. No 3699, § 1, 4-2-90
State law reference--Similar
provision, R.R.S. 1943, 28-515.
Sec. 14-59. Unauthorized use of a propelled vehicle.
(a) A person commits the offense of unauthorized operation of a
propelled vehicle if he intentionally exerts unauthorized control over
another's propelled vehicle by operating the same without the owner’s consent.
(b) Propelled vehicle shall mean an automobile, airplane,
motorcycle, motorboat, or other motor-propelled vehicle.
(c) It shall be an affirmative defense to a prosecution under this
section that the defendant reasonably believed that the owner would have
authorized the use had he known of it.
State law reference--Similar
provisions, R.R.S. 1943, 28-516.
Sec. 14-60. Theft by receiving stolen property.
A person commits theft if he
receives, retains, or disposes of stolen movable property of another knowing
that it has been stolen, or believing that it has been stolen, unless the
property is received, retained, or disposed with intention to restore it to the
owner.
State law reference--Similar
provisions, R.R.S. 1943, 28-517.
Sec. 14-61. Criminal mischief.
(a) A person commits criminal mischief if he:
(1) Damages property of another intentionally or recklessly; or
(2) Intentionally or recklessly tampers with property of another
so as to endanger person or property; or
(3) Intentionally or maliciously causes another to suffer
pecuniary loss by deception or threat.
(b) This section shall not apply if the actor intentionally causes
pecuniary loss in excess of three hundred dollars ($300.00), or a substantial
interruption or impairment of public communication, transportation, supply of
water, gas or power, or other public service.
(c) Criminal mischief is an offense.
Source: Code 1962, § 6-1-38
State law reference--Similar
provisions, R.R.S. 1943, 28-519.
Sec. 14-62. Exemption.
Unless a section in this
division is declared to be an offense in such section, the provisions of this
division shall not apply when the value of the thing involved is three hundred
dollars ($300.00) or more.
State law reference--Grading
of theft offenses, R.R.S. 1943, 28-518.
Sec. 14-63. Theft by shoplifting; penalty; photographic
evidence.
(a) A person commits the crime of theft when he or she, with the
intent of appropriating merchandise to his or her own use without paying for
the same or to deprive the owner of possession of such property or its retail
value, in whole or in part, does any of the following:
(1) Conceals or takes possession of the goods or merchandise of
any store or retail establishment;
(2) Alters the price tag or other price marking on goods or
merchandise of any store or retail establishment;
(3) Transfers the goods or merchandise of any store or retail
establishment from one container to another;
(4) Interchanges the label or price tag from one item of
merchandise with a label or price tag for another item of merchandise; or
(5) Causes the cash register or other sales recording device to
reflect less than the retail price of the merchandise.
(b) A person guilty of a theft under this section shall be guilty of
an offense and, upon conviction thereof, be punished as provided in section
14-52 of the Norfolk City Code.
(c) In any prosecution for theft by shoplifting, photographs of the
shoplifted property may be accepted as prima facie evidence as to the identity
of the property. Such photograph shall
be accompanied by a written statement containing the following:
(1) A description of the property;
(2) The name of the owner or owners of the property;
(3) The time, date, and location where the shoplifting occurred;
(4) The time and date the photograph was taken;
(5) The name of the photographer; and
(6) Verification by the arresting officer.
The purpose of this subsection
is to allow the owner or owners of shoplifted property the use of such property
during pending criminal prosecutions.
Prior to allowing the use of
the shoplifted property as provided in this section, legal counsel for the
alleged shoplifter shall have a reasonable opportunity to inspect and appraise
the property and may file a motion for retention of the property, which motion
shall be granted if there is any reasonable basis for believing that the
photographs and accompanying affidavit may be misleading.
Source: Ord. No. 3241, § 1, 8-20-84
DIVISION 3. TRESPASS
Sec. 14-71. Criminal trespass in the first degree.
(a) A person commits first degree criminal trespass if, knowing that
he is not licensed or privileged to do so, he enters or secretly remains in any
building or occupied structure, or any separately secured or occupied portion
thereof.
(b) First degree criminal trespass is an offense.
Source: Code 1962, § 6-1-1
State law reference--Similar
provisions, R.R.S. 1943, 28-520.
Sec. 14-72. Criminal trespass in the second degree.
(a) A person commits second degree criminal trespass if, knowing that
he is not licensed or privileged to do so, he enters or remains in any place as
to which notice against trespass is given by:
(1) Actual communication to the actor; or
(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.
(b) Second degree criminal trespass is an offense.
Source: Code 1962, § 6-1-1
State law reference--Similar
provisions, R.R.S. 1943, 28-521.
Sec. 14-73. Affirmative defenses.
It is an affirmative defense to
prosecution under this division that:
(1) A building or occupied structure involved in an offense under
section 14-71 was abandoned; or
(2) The premises were at the time open to members of the public
and the actor complied with all lawful conditions imposed on access to or
remaining in the premises; or
(3) The actor reasonably believed that the owner of the premises
or other person empowered to license access thereto would have licensed him to
enter or remain; or
(4) The
actor was in the process of navigating or attempting to navigate with a nonpowered vessel any stream or river in this state and found it necessary to
portage or otherwise transport the vessel around any fence or obstructions in
such stream or river.
State law reference--Similar
provisions, R.R.S. 1943, 28-522.
Sec. 14-74.
Unauthorized entry into motor vehicle.
It shall be unlawful for any person to enter a motor
vehicle belonging to another without the permission of the owner or other person
in lawful possession thereof. This section shall not apply to any person
entering a motor vehicle for a lawful purpose.
Ord. No. 5474, § 1, 5-15-17
ARTICLE
IV. OFFENSES INVOLVING FRAUD
DIVISION
1. GENERALLY
Sec. 14-86. Definitions.
As used in this article, unless
the context requires otherwise:
Complete written instrument
shall mean a written instrument which purports to be genuine and fully drawn
with respect to every essential feature thereof.
Forged instrument shall
mean a written instrument which has been falsely made, completed, endorsed or
altered. The terms "forgery"
and "counterfeit" and their variants are intended to be synonymous in
legal effect as used in this article.
Possess shall mean to
receive, conceal, or otherwise exercise control over.
Incomplete written
instrument shall mean one which contains some matter by way of content or
authentication but which requires additional matter in order to render it a
complete written instrument.
To falsely alter a written
instrument shall mean to change a written instrument without the authority
of anyone entitled to grant such authority, whether it be in complete or
incomplete form, by means of erasure, obliteration, deletion, insertion of new
matter, transposition of matter, or by any other means, so that such instrument
in its thus altered form falsely appears or purports to be in all respects an
authentic creation of or fully authorized by its ostensible maker.
To falsely complete a
written instrument shall mean to transform an incomplete written instrument
into a complete one by adding, inserting, or changing matter without the authority
of anyone entitled to grant such authority, so that the complete written
instrument falsely appears or purports to be in all respects an authentic
creation of or fully authorized by its ostensible maker.
To falsely make a written
instrument shall mean to make or draw a written instrument, whether
complete or incomplete, which purports to be an authentic creation of its
ostensible maker, but which is not, either because the ostensible maker is
fictitious or because, if real, he did not authorize the making or the drawing
thereof.
Written instrument shall
mean any paper, document, or other instrument containing written or printed
matter used for purposes of reciting, embodying, conveying, or recording
information, and any money, credit card, token, stamp, seal, badge, trade-mark,
or any evidence or symbol of value, right, privilege, or identification which
is capable of being used to the advantage or disadvantage of some person.
Utter shall mean to
issue, authenticate, transfer, sell, transmit, present, use, pass, or deliver,
or to attempt or cause such uttering.
State law reference--Similar
provisions, R.R.S. 1943, 28-601.
Sec. 14-87. Second degree forgery.
(a) Whoever, with intent to deceive or harm, falsely makes, completes,
endorses, alters, or utters any written instrument which is or purports to be,
or which is calculated to become or to represent if completed, a written
instrument which does or may evidence, create, transfer, terminate, or
otherwise affect a legal right, interest, obligation, or status, commits
forgery in the second degree.
(b) This section shall not apply unless the face value or amount of
proceeds is seventy-five dollars ($75.00) or less.
(c) Forgery in the second degree is an offense.
State law reference--Similar
provisions, R.R.S. 1943, 28-603.
Sec. 14-88. Criminal possession of a forged instrument.
(a) Whoever, with knowledge that it is forged and with intent to
deceive or harm, possesses any forged instrument covered by section 14-87
commits criminal possession of a forged instrument.
(b) This section shall apply only if forged instrument prohibited by
section 14-87, has an amount or value of less than three hundred dollars
($300.00).
(c) Criminal possession of a forged instrument is an offense.
State law reference--Similar
provisions, R.R.S. 1943, 28-604.
Sec. 14-89. Criminal simulation.
(a) A person commits a criminal simulation when:
(1) With intent to deceive or harm, he makes, alters, or
represents an object in such fashion that it appears to have an antiquity,
rarity, source or authorship, ingredient, or composition which it does not in
fact have; or
(2) With knowledge of its true character and with intent to use
to deceive or harm, he utters, misrepresents, or possesses any object so
simulated.
(b) Criminal simulation is an offense.
State law reference--Similar
provisions, R.R.S. 1943, 28-606.
Sec. 14-90. Making, using, or uttering slugs.
(a) A person commits the offense of unlawfully using slugs, if he
makes, uses, or utters a slug or slugs with intent to deprive a supplier of
property or service sold or offered by means of a coin machine or with
knowledge that he is facilitating such a deprivation by another person.
(b) As used in this section, unless the context otherwise requires:
(1) Slug shall mean an object which by size, shape, or any
other quality is capable of being inserted, deposited, or otherwise used in a
coin machine as an improper but effective substitute for a genuine coin, bill,
or token.
(2) Coin machine shall mean a coin box, turnstile, vending
machine, or other mechanical or electronic device or receptacle designed to
receive a coin or bill of a specified denomination or a token made for the
purpose and in return for the insertion or deposit thereof to mechanically offer,
provide, assist in providing or permit the acquisition of property or a public
or private service.
(3) Value of the slug or slugs shall mean the value of the
coins, bills, or tokens for which they are being substituted.
(c) The making, using, or uttering of slugs is an offense.
State law reference--Similar
provisions, R.R.S. 1943, 28-607.
Sec. 14-91. Criminal impersonation.
(a) A person commits the crime of criminal impersonation if he :
(1) Assumes a false identity and does an act in his assumed
character with intent to gain a pecuniary benefit for himself or another, or to
deceive or harm another; or
(2) Pretends to be a representative of some person or
organization and does an act in his pretended capacity with the intent to gain
a pecuniary benefit for himself or another, and to deceive or harm another; or
(3) Carries on any profession, business, or any other occupation
without a license, certificate, or other authorization required by law.
(b) Criminal impersonation is an offense.
State law reference--Similar
provisions, R.R.S. 1943, 28-608.
Sec. 14-92. Impersonating a public servant.
(a) A person commits the offense of impersonating a public servant if
he falsely pretends to be a public servant other than a peace officer and
performs any act in that pretended capacity.
(b) It is no defense to a prosecution under this section that the
office the actor pretended to hold did not in fact exist.
Source: Code 1962, § 6-1-18
State law reference--Similar
provisions, R.R.S. 1943, 28-609.
Sec. 14-93. Impersonating a peace officer.
A person commits the offense of
impersonating a peace officer if he falsely pretends to be a peace officer and
performs any act in that pretended capacity.
Source: Code 1962, § 6-1-18
State law reference--Similar
provisions, R.R.S. 1943, 28-610.
Sec. 14-94. Issuing a bad check.
(a) Whoever obtains property, services, or present value of any kind
by issuing or passing a check or similar signed order for the payment of money,
knowing that he has no account with the drawee at the time the check or order
is issued, or, if he has such an account, knowing that he does not have
sufficient funds in, or credit with, the drawee for the payment of such check
or order in full upon its presentation, commits the offense of issuing a bad
check.
(b) Subsection (a) shall not apply if the amount of the check or order
is three hundred dollars ($300.00) or more.
(c) Whoever otherwise issues or passes a check or similar
signed
order for the payment of money, knowing that he has no account with the drawee
at the time the check or order is issued, or, if he has such an account,
knowing that he does not have sufficient funds in, or credit with, the drawee
for the payment of such check or order in full upon its presentation, commits
an offense.
(d) In any prosecution where the person issuing the check has an
account with the drawee, he shall be presumed to have known that he did not
have sufficient funds in, or credit with, the drawee for the payment of such
check or order in full upon its presentation, if, within thirty (30) days after
issuance of the check or order, he has been notified that the drawee refused
payment for lack of funds and he has failed within ten (10) days after such
notice to make the check good or in the absence of such notice, he shall not
have made the check good within ten (10) days after notice was sent to him by
the county attorney or his deputy, by United States mail addressed to such
person at his last known address, that such check or order has been returned to
the depositor. Upon request of the
depositor and the payment of two dollars ($2.00) for each check, draft, order,
or assignment of funds, unless waived by the city attorney, the city attorney
or his deputy shall be required to mail notice to the person issuing the check
or order as provided in this subsection.
The two dollar ($2.00) payment shall be payable to the city treasurer
and credited to the general fund.
(e) Any person convicted of violating this section may, in addition to
being fined or imprisoned, be ordered to make restitution to the party injured
for the value of the check, draft, order, or assignment of funds and any costs
of filing with the city attorney. If
the court shall in addition to sentencing any person to imprisonment under this
section also enter an order of restitution.
(f) The fact that restitution to the party injured has been made and
that any costs of filing with the city attorney have been paid shall be a
mitigating factor in the imposition of punishment for any violation of this
section.
State law reference--Similar
provisions, R.R.S. 1943, 28-611.
Sec. 14-95. False statement or book entry; destruction
or secretion of records.
(a) A person commits an offense if he:
(1) Willfully and knowingly subscribes to, makes, or causes to be
made any false statement or entry in the books of an organization; or
(2) Knowingly subscribes to or exhibits false papers with the
intent to deceive any person or persons authorized to examine into the affairs
of any such organization; or
(3) Makes, states, or publishes any false statement of the amount
of the assets or liabilities of any such organization; or
(4) Fails to make true and correct entry in the books and records
of such organization of its business and transactions in the manner and form
prescribed by the department of banking and finance; or
(5) Mutilates, alters, destroys, secretes, or removes any of the
books or records of such organization, without the consent of the director of
banking and finance.
(b) As used in this section, "organization" shall mean:
(1) Any trust company transacting a business under Reissue
Revised Statutes of Nebraska, 1943, sections 8-201 to 8-226; or
(2) Any association organized for the purpose set forth in
Reissue Revised Statutes of Nebraska, 1943, section 8-302; or
(3) Any bank defined under subsection (4) of Reissue Revised
Statutes of Nebraska, 1943, section 8-101; or
(4) Any cooperative credit association set forth in Reissue
Revised Statutes of Nebraska, 1943, section 21-1301, transacting business in
this state.
State law reference--Similar
provisions, R.R.S. 1943, 28-612.
Sec. 14-96. Commercial bribery and breach of duty to act
disinterestedly.
(a) A person commits an offense if he solicits, accepts, or agrees to
accept any benefit as consideration for knowingly violating or agreeing to
violate a duty of fidelity to which he is subject as:
(1) Agent or employee; or
(2) Trustee, guardian, or other fiduciary; or
(3) Lawyer, physician, accountant, appraiser, or other
professional advisor; or
(4) Officer, director, partner, manager, or other participant in
the direction of the affairs of an incorporated or unincorporated association;
or
(5) Duly elected or appointed representative or trustee of a
labor organization or employee of a welfare trust fund; or
(6) Arbitrator or other purportedly disinterested adjudicator or
referee.
(b) A person who holds himself out to the public as being engaged in
the business of making disinterested selection, appraisal, or criticism of
commodities, property, or services, commits an offense if he solicits, accepts,
or agrees to accept any benefit to alter, modify, or change his selection,
appraisal, or criticism.
(c) A person commits an offense if he confers or offers or agrees to
confer any benefit the acceptance of which would be an offense under subsection
(a) or (b) of this section.
State law reference--Similar
provisions, R.R.S. 1943, 28-613.
Sec. 14-97. Tampering with publicly-exhibited contest.
(a) A person commits the offense of tampering with a
publicly-exhibited contest if:
(1) He confers, or offers or agrees to confer, directly or
indirectly, any benefit upon:
a. A contest participant with intent to influence him not to
give his best efforts in a publicly-exhibited contest; or
b. A contest official with intent to influence him to perform
improperly his duties in connection with a publicly-exhibited contest;
(2) Being a contest participant or contest official, he
intentionally solicits, accepts, or agrees to accept, directly or indirectly, any
benefit from another person with intent that be will thereby be influenced:
a. In the case of a contest participant, not to give his best
efforts in a publicly-exhibited contest; or
b. In the case of a contest official, to perform improperly his
duties in connection with a publicly-exhibited contest; or
(3) With intent to influence the outcome of a publicly-exhibited
contest he:
a. Tampers with any contest participant, contest official,
animal, equipment, or other thing involved in the conduct or operation of the
contest, in a manner contrary to the rules and usages purporting to govern the
contest in question; or
b. Substitutes a contest participant, animal, equipment, or
other thing involved in the conduct or operation of the contest, for the genuine
person, animal, or thing.
(b) In this section:
(1) Publicly-exhibited contest shall mean any professional
or amateur sport, athletic game or contest, or race or contest involving
machines, persons, or animals, viewed by the public, but shall not include an
exhibition which does not purport to be and which is not represented as being
such a sport, game, contest, or race.
(2) Contest participant shall mean any person who
participates or expects to participate in a publicly-exhibited contest as a
player, contestant, or member of a team, or as a coach, manager, trainer, or
other person directly associated with a player, contestant, or team.
(3) Contest official shall mean any person who acts or
expects to act in a publicly-exhibited contest as an umpire, referee, or judge,
or otherwise to officiate at a publicly-exhibited contest.
State law reference--Similar
provisions, R.R.S. 1943, 28-614.
DIVISION 2.
IDENTIFICATION NUMBERS
Sec. 14-106. Definitions.
Article shall mean any
product made by a manufacturer and includes but is not limited to any
appliance, radio, television, motor vehicle, tractor or other farm machinery.
Identification number
shall mean a serial or motor number placed by a manufacturer upon an article as
a permanent individual identifying mark.
Obscure shall mean to
destroy, remove, alter, conceal, or deface so as to render illegible by
ordinary means of inspection.
State law reference--Similar
provisions, R.R.S. 1943, 28-615.
Sec. 14-107. Altering identification number.
A person commits the offense of
altering an identification number if, with the intent to deceive or harm, he
obscures an identification number or in the course of business he sells, offers
for sale, leases or otherwise disposes of an article knowing that an
identification number thereon is obscured.
State law reference--Similar
provisions, R.R.S. 1943, 28-616.
Sec. 14-108. Receiving an altered article.
A person commits the offense of
receiving an altered article if, with the intent to deceive or harm another, he
buys or receives any article knowing that an identification number thereon is
obscured, without first ascertaining that the person so selling or delivering
the same has a legal right to do so.
State law reference--Similar
provisions, R.R.S. 1943, 28-617.
ARTICLE
V. OFFENSES INVOLVING THE FAMILY
RELATION
Sec. 14-121. Contributing to the delinquency of a child.
(a) Any person who, by any act, encourages, causes, or contributes to
the delinquency or need for special supervision of a child under eighteen (18)
years of age, so that such child becomes, or will tend to become, a delinquent
child, or a child in need of special supervision, commits contributing to the
delinquency of a child.
(b) The following definitions shall be applicable to this section:
(1) Delinquent child shall mean any child under the age of
eighteen (18) years who has violated any law of the state or any city or
village ordinance; and
(2) A child in need of special supervision shall
mean any child
under the age of eighteen (18) years:
a. Who, by reason of being wayward or habitually disobedient,
is uncontrolled by his parent, guardian, or custodian;
b. Who is habitually truant from school or home; or
c. Who deports himself so as to injure or endanger seriously
the morals or health of himself or others.
(c)
Contributing to the delinquency of a child is an offense.
Source: Code 1962, § 6-1-11
State law reference --Similar
provisions, R.R.S. 1943, 28-709.
ARTICLE
VI. OFFENSES INVOLVING MORALS
DIVISION
1. GENERALLY
Sec. 14-136. Debauching a minor.
(a) Any person not a minor commits the offense of debauching a minor
if he or she shall debauch or deprave the morals of any boy or girl under the
age of seventeen (17) years by:
(1) Lewdly inducing such boy or girl carnally to know any other
person; or
(2) Soliciting any such boy or girl to visit a house of
prostitution or other place where prostitution, debauchery, or other immoral
practices are permitted or encouraged, for the purpose of prostitution or
sexual penetration; or
(3) Arranging or assisting in arranging any meeting for such purpose
between any such boy or girl and any female or male of dissolute character or
any inmate of any place where prostitution, debauchery, or other immoral
practices are permitted or encouraged; or
(4) Arranging or aiding or assisting in arranging any meeting
between any such boy or girl and any other person for the purpose of sexual
penetration.
(b) Debauching a minor is an offense.
State law reference--Similar
provisions, R.R.S. 1943, 28-805.
Sec. 14-137. Public indecency.
(a) It shall be unlawful for any person, in a public place or on
private premises, and under circumstances in which he or she knows or
reasonably should know that his or her conduct may be readily observed from
either a public place or other private premises, to:
(1) Perform an act of sexual penetration;
(2) Fondle or caress the genitals of another person of the same
or opposite sex; or
(3) Intentionally or recklessly expose his or her genitals in
such a manner or under such circumstances as to affront or alarm another
person.
(b) For the purpose of this section, the words “sexual penetration”
shall mean sexual intercourse in its ordinary meaning, cunnilingus, fellatio,
masturbation, anal intercourse, or any intrusion, however slight, of any part
of the actor’s body or any object manipulated by the actor, into the genital or anal
openings of the body of another person which can be reasonably construed as being for
nonmedical or nonhealth purposes.
Sexual penetration shall not require emission of semen.
Source: Code 1962, § 6-1-22; Ord. No. 3434, § 1,
10-6-86
State law reference--Similar
provisions, R.R.S. 1943, 28-806.
Sec. 14-138. Window-peeping.
It shall be unlawful for any
person to look, peer, peep into or be found loitering around or within view of
any window in a building occupied as a temporary or permanent residence of
another with the intent of watching or looking through said window to observe
any person undressed, or in the act of dressing or undressing.
Source: Ord. No. 3436, § 1, 10-6-86
DIVISION 2. PROSTITUTION
Sec. 14-146. Prohibited.
(a) Any person who performs, offers, or agrees to perform any act of
sexual penetration, as defined in subdivision (5) of section 28-318 of the
Reissue Revised Statutes of Nebraska, 1943, with any person not his spouse in
exchange for money or other thing of value commits prostitution.
(b) Any person violating this section shall be issued a citation in
lieu of arrest pursuant to law.
(c) Prostitution is an offense.
Source: Code 1962, § 6-1-39
State law reference--Similar
provisions, R.R.S. 1943, 28-801.
Sec. 14-147. Keeping a place of prostitution.
(a) Any person who has or exercises control over the use of any place
which offers seclusion or shelter for the practice of prostitution and who
knowingly grants or permits the use of such place for the purpose of
prostitution commits the offense of keeping a place of prostitution.
(b) Keeping a place of prostitution is an offense.
Source: Code 1962, § 6-1-40
State law reference--Similar
provisions, R.R.S. 1943, 28-804.
Sec.
14-148. Use of incriminating testimony.
In all cases arising under this
division, no person shall be excused from testifying against another person by
reason of such testimony tending to incriminate the person testifying, but the
testimony so given, unless voluntary, shall in no case be used against the
person so testifying in any criminal prosecution or otherwise.
State law reference--Similar
provisions, R.R.S. 1943, 28-804.01.
ARTICLE
VII. OFFENSES INVOLVING INTEGRITY AND
EFFECTIVENESS
OF GOVERNMENT OPERATION
Sec. 14-161. Obstructing government operations; penalty.
(a) A person commits the offense of obstructing government operations
if he intentionally obstructs, impairs, or perverts the administration of law
or other governmental functions by force, violence, physical interference or
obstacle, breach of official duty, or any other unlawful act, except that this
section does not apply to flight by a person charged with crime, refusal to
submit to arrest, failure to perform a legal duty other than an official duty,
or any other means of avoiding compliance with law without affirmative interference
with governmental functions.
(b) Obstructing government operations is an offense.
State law reference--Similar
provisions, R.R.S. 1943, 28-901.
Sec.
14-162. Failure to report injury of violence;
physician or surgeon; emergency room or first aid station attendant.
(a) Every person engaged in the practice of medicine and surgery, or
who is in charge of any emergency room or first aid station in this state,
shall report every case, in which he is consulted for treatment or treats a
wound or injury of violence which appears to have been received in connection
with the commission of a criminal offense, immediately to the chief of police
or to the county sheriff. Such report
shall include the name of such person, the residence, if ascertainable, and a
brief description of the injury. Any
provision of law or rule of evidence relative to confidential communications is
suspended insofar as the provisions of this section are concerned.
(b) Any person who fails to make the report required by subsection (a)
of this section commits an offense.
State law reference--Similar
provisions, R.R.S. 1943, 28-902.
Sec. 14-163. Refusing to aid a peace officer.
A person commits the offense of
refusing to aid a peace officer if, upon request by a person known to him to be
a peace officer, he unreasonably refuses or fails to aid such peace officer in:
(1) Apprehending any person charged with or convicted of any
offense against any of the laws of this state or city; or
(2) Securing such offender when apprehended; or
(3) Conveying such offender to the jail of the county or city.
Source: Code 1962, § 6-1-37
State law reference--Similar
provisions, R.R.S. 1943, 28-903.
Sec. 14-164. Resisting arrest.
(a) A person commits the offense of resisting arrest if, while
intentionally preventing or attempting to prevent a peace officer, acting under
color of his official authority, from effecting an arrest of the actor or
another, he:
(1) Uses or threatens to use physical force or violence against
the peace officer or another; or
(2) Uses any other means which creates a substantial risk of
causing physical injury to the peace officer or another; or
(3) Employs means requiring substantial force to overcome
resistance to effecting the arrest.
(b) It is an affirmative defense to prosecution under this section if
the peace officer involved was out of uniform and did not identify himself as a
peace officer by showing his credentials to the person whose arrest is
attempted.
(c) This section shall not apply to resisting arrest through the use
of a deadly or dangerous weapon.
Source: Code 1962, § 3-3-8
State law reference--Similar
provisions, R.R.S. 1943, 28-904.
Sec. 14-165. Operating a motor vehicle to avoid arrest.
(a) Any person who operates any motor vehicle to flee in such vehicle
in an effort to avoid arrest or citation for the violation of any law of the
state constituting a misdemeanor, infraction, traffic infraction, or any city
or village ordinance, except nonmoving traffic violations, commits the offense
of operation of a motor vehicle to avoid arrest.
(b) Operating a motor vehicle to avoid arrest is an offense.
(c) The court may, as a part of the judgment of conviction under this
section, order such person not to operate any motor vehicle for any purpose for
a period of up to one year from the date of satisfaction of the fine.
State law reference--Similar
provisions, R.R.S. 1943, 28-905.
Sec. 14-166. Obstructing a peace officer.
(1)
A
person commits the offense of obstructing a peace officer, when, by using or
threatening to use violence, force, physical interference, or obstacle, he
intentionally obstructs, impairs, or hinders (a) the enforcement of the penal law or
the preservation of the peace by a peace officer or judge acting under the color
of his official authority or (b) a police animal assisting a peace officer
acting pursuant to the peace officer's official authority.
(2)
For purposes of this section, police animal means a dog owned by a law
enforcement agency for the purpose of assisting a law enforcement officer acting
pursuant to his official authority.
Source: Ord. No. 4748, § 1, 7-19-04
State law reference--Similar
provisions, R.R.S. 1943, 28-906.
Sec. 14-167. Interference with officers.
It shall be unlawful for any
person to interfere willfully with, resist, delay, obstruct or molest any
officer of the city in the exercise of his official duties.
Source: Code 1962, § 6-1-41
Sec. 14-168. Failure to appear in court.
(1)
Whomever
is charged with a violation of an ordinance of the city, conviction of which
would carry a jail sentence, or require payment of a fine, or either, and who
shall fail to appear therefore, following the communication of a date for
appearance to the defendant, as provided by law, shall, upon conviction for
willful failure to so appear, be guilty of an offense.
(2)
Any person convicted of the offense of failure to appear shall be punished by a
penalty that is commensurate with the penalty for the original offense for which
said person failed to appear.
Source: Code 1962, § 6-1-53(A); Ord. No. 3023, § 1
(A), 11-2-81; Ord. No. 4747, § 1, 7-19-04; Ord. No. 4929, § 1, 3-19-07
Sec. 14-169. False reporting.
A
person commits the offense of false reporting if he or she:
(1) Furnishes information he or she knows to be false to any
peace officer or other official with the intent to instigate an investigation
of an alleged criminal or traffic matter or to impede the investigation of an
actual criminal or traffic matter; or
(2) Furnishes information he or she knows to be false alleging
the existence of the need for the assistance of an emergency medical service or
out-of-hospital emergency care provider or an emergency in which human life or
property are in jeopardy to any hospital, emergency medical service, or other
person or governmental agency; or
(3) Furnishes any information, or causes such information to be
furnished or conveyed by electric, electronic, telephonic, or mechanical means,
knowing the same to be false concerning the need for assistance of a fire
department or any personnel or equipment of such department; or
(4) Furnishes any information he or she knows to be false concerning
the location of any explosive in any building or other property to any person.
(5) Furnishes information he or she knows to be false to any
governmental department or agency with the intent to instigate an investigation
or to impede an ongoing investigation and which actually results in causing or
impeding such investigation.
Source: Ord. No. 3932, § 1, 2-16-93; Ord. No. 4452,
§ 1, 3-6-00
State law reference--Similar
provisions, R.R.S. 1943, 28-907.
Sec. 14-170. Interfering with a fireman on official duty.
(a) A person commits the offense of interfering with a fireman if at
any time and place where any fireman is discharging or attempting to discharge
any official duties, he willfully:
(1) Resists or interferes with the lawful efforts of any fireman
in the discharge or attempt to discharge an official duty; or
(2) Disobeys the lawful orders given by any fireman while
performing his duties; or
(3) Engages in any disorderly conduct which delays or prevents a
fire from being extinguished within a reasonable time; or
(4) Forbids or prevents others from assisting or extinguishing a
fire or exhorts another person, as to whom he has no legal right or obligation
to protect or control, not to assist in extinguishing a fire.
(b) As used in this section, "fireman" shall mean any person
who is an officer, employee, or member of a fire department or fire-protection
or firefighting agency of the federal government, the state, a city, county,
city and county, district, or other public or municipal corporation or
political subdivision of the state, whether such person is a volunteer or
partly-paid or fully-paid, while he is actually engaged in firefighting, fire
supervision, fire suppression, fire prevention, or fire investigation.
(c) Interference with a fireman on official duty is an offense.
State law reference--Similar
provisions, R.R.S. 1943, 28-908.
Sec. 14-171. Falsifying records of a public utility.
(a) Any person who shall knowingly falsify or direct or authorize the
falsifying of any record of a public utility operating in the state in any
manner affecting directly or indirectly the value of its investment or the rate
of return or earnings or expenditures of such public utility or who shall
certify any reports of the investment, operating receipts, or expenditures of
such public utilities to any regulatory body, whether state or municipal, under
any statute, order, resolution, or ordinance lawfully passed, knowing such
reports so certified to contain any item or element of rebate, secret charge,
bonus, or gratuity paid or promised to any officer, stockholder, agent, or
other person, directly or indirectly, or knowing such report to be untrue or
incomplete in any particular, without disclosing this information in such
report, shall be guilty of falsifying records of a public utility.
(b) Falsifying records of a public utility is an offense.
State law reference--Similar
provisions, R.R.S. 1943, 28-909.
Sec. 14-172. Filing false reports with regulatory bodies.
(a) Any firm or corporation operating a public utility in this state
which shall file with any regulatory body, whether state or municipal, under
any statute, order, resolution, or ordinance lawfully passed, any report or
reports containing false statements, knowing the same to be false, affecting
directly or indirectly, the value of its investment or the rate of return or
earnings or expenditures of such public utility shall be guilty of filing false
reports with regulatory bodies.
(b) Filing false reports with regulatory bodies is an offense.
State law reference--Similar
provisions, R.R.S. 1943, 28-910.
Sec. 14-173. Abuse of public records.
(a) A person commits abuse of public records, if:
(1) He knowingly makes
a false entry in or falsely alters any public records; or
(2) Knowingly he lacks the authority to do so, he intentionally
destroys, mutilates, conceals, removes, or impairs the availability of any
public record; or
(3) Knowing he lacks the authority to retain the record, he
refuses to deliver up a public record in his possession upon proper request of
any person lawfully entitled to receive such record; or
(4) He makes, presents, or uses any record, document, or thing,
knowing it to be false, and with the intention that it be taken as a genuine
part of the public record.
(b) As used in this section, the term “public record” includes all
official books, papers, or records created, received, or used by or in any
governmental office or agency.
(c) Abuse of public records is an offense.
State law reference--Similar
provisions, R.R.S. 1943, 28-911.
Sec. 14-174. Implements for escape.
(a) A person commits an offense if he unlawfully introduces within a
detention facility, or unlawfully provides an inmate with, any weapon, tool, or
other thing which may be useful for escape.
An inmate commits an offense if he unlawfully procures, makes, or
otherwise provides himself with, or has in his possession, any such implement
of escape. Unlawfully means
surreptitiously or contrary to law, regulation, or order of the detaining
authority.
(b) Introducing escape implements is an offense.
State law reference--Similar
provisions, R.R.S. 1943, 28-913.
Sec. 14-175. Furnishing prisoners with contraband.
It shall be unlawful for any
person to furnish or attempt to furnish or take into jail, or to deliver or
attempt to deliver to any prisoner therein confined, or in the custody of any
officer, any tool, intoxicating liquors, drug or other article without the
consent of the officer in charge.
Source: Code 1962, § 6-1-47
Sec. 14-176. Loitering about jail.
(a) Any person who loiters about any jail in this state and engages in
an unauthorized conversation with or passes any unauthorized message or
messages to any inmate of such jail, or fails or refuses to leave the immediate
vicinity of any jail when ordered to do so by any peace officer, commits the
offense of loitering about a jail.
(b) Loitering about a jail is an offense.
State law
reference--Similar
provisions, R.R.S. 1943, 28-914.
Sec. 14-178. Simulating legal process.
A person commits the offense of
simulating legal process if he sends, delivers, or mails or in any manner shall
cause to be sent, delivered, or mailed, any paper or document simulating or
intended to simulate a summons, complaint, writ, or other court process of any
kind, to any person, firm, company, or corporation, for the purpose and intent
of forcing payment of any alleged claim, debt, or legal obligation.
State law reference--Similar
provisions, R.R.S. 1943, 28-923.
Sec. 14-179. Official misconduct.
(a) A public servant commits official misconduct if he knowingly
violates any statute or lawfully adopted rule or regulation relating to his
official duties.
(b) Official misconduct is an offense.
State law reference--Similar
provisions, R.R.S. 1943, 28-924.
Sec. 14-180. Misuse of official information.
(a) Any public servant, in contemplation of official action by himself
or by a governmental unit with which he is associated, or in reliance on
information to which he has access in his official capacity and which has not
been made public, commits misuse of official information if he:
(1) Acquires pecuniary interest in any property, transaction, or
enterprise which may be effected by such information or official action; or
(2) Speculates or wagers on the basis of such information or
official action; or
(3) Aids, advises, or encourages another to do any of the
foregoing with intent to confer on any person a special pecuniary benefit.
(b) Misuse
of official information is an offense.
State law reference--Similar
provisions, R.R.S. 1943, 28-925.
Sec. 14-181. Oppression under color of office.
(a) Any public servant or peace officer who, by color of or in the
execution of his office, shall designedly, willfully, or corruptly injure,
deceive, harm, or oppress any person, or shall attempt to injure, deceive, harm,
or oppress any person, commits oppression under color of office, and shall be
answerable to the party so injured, deceived, or harmed or oppressed in treble
damages.
(b) Oppression under color of office is an offense.
State law reference--Similar
provisions, R.R.S. 1943, 28-926.
Sec. 14-182. Neglecting to serve a warrant.
(a) When any warrant legally issued by any magistrate in this state in
any criminal case shall be delivered into the hands of any constable, sheriff,
or other officer, to be executed, whose duty it shall be to execute such
warrant, it is hereby made the duty of such constable, sheriff, or other
officer to serve the same immediately, and if such constable, sheriff, or other
officer shall neglect or delay to serve any such warrant, delivered to him as
aforesaid, when in his power to serve the same, either alone or by calling upon
assistance according to law, he commits the offense of neglecting to serve a
warrant.
(b) Neglecting to serve a warrant is an offense, charged for which the
warrant was issued is a felony.
(c) This section applies only if the offense charged for which the
warrant was issued is a misdemeanor.
(d) Any constable, sheriff, or other officer who is convicted under
this section shall immediately forfeit his office.
State law reference--Similar
provisions, R.R.S. 1943, 28-927.
Sec. 14-183. Mutilating a flag.
(a) A person commits the offense of mutilating a flag if such person
intentionally casts contempt or ridicule upon a flag by mutilating, defacing,
defiling, burning, or trampling upon such flag.
(b) “Flag” as used in this section shall mean any flag, ensign,
banner, standard, colors, or replica or representation thereof which is an
official or commonly recognized symbol of the United States or the state.
State law reference--Similar
provisions, R.R.S. 1943, 28-928.
ARTICLE
VIII. OFFENSES AGAINST PUBLIC PEACE,
ORDER AND DECENCY
Sec. 14-196. Cruelty to animals.
(a) As used in this section, unless the context otherwise requires:
(1) Animal shall mean a domesticated living creature and a
wild living creature previously captured.
Animal does not include an uncaptured wild creature or a wild creature
whose capture was accomplished by conduct at issue under subsection (b).
(2) Cruel mistreatment shall mean every act or omission
which causes, or unreasonably permits the continuation of, unnecessary or
unjustifiable pain or suffering.
(3) Cruel neglect shall mean failure to provide food,
water, protection from the elements, opportunity to exercise, or other normal,
usual care, and proper for an animal’s health and well-being.
(4) Abandon shall mean the leaving of an animal by its
owner or other person responsible for its care or custody without making
effective provisions for its proper care.
(b) A person commits cruelty to animals if, except as otherwise
authorized by law, he intentionally or recklessly:
(1) Subjects any animal to cruel mistreatment; or
(2) Subjects any
animal in his custody to cruel neglect; or
(3) Abandons any animal; or
(4) Kills or injures any animal belonging to another.
(c) Cruelty to animals is an offense.
(d) Nothing in this section shall be construed to amend or in any
manner change the authority of the Game and Parks Commission, as established in
Chapter 37 of the Reissue Revised Statutes of Nebraska, 1943, or to prohibit
any conduct therein authorized or permitted.
Source: Code 1962, § 6-1-2
State law references--Similar
provisions, R.R.S. 1943, 28-1001, 28-1002; power of city to so provide, R.R.S.
1943, 16-210.
Sec. 14-197. Indecency with an animal.
(a) A person commits indecency with an animal when such person
subjects an animal to sexual penetration as defined in subdivision (5) of
section 28-318 of the Reissue Revised Statutes of Nebraska, 1943.
(b) Indecency with an animal is an offense.
State law reference--Similar
provisions, R.R.S. 1943, 28-1003.
ARTICLE IX. GAMBLING*
*Editor’s
note--Section 1 of Ord. No. 3869, adopted May 4, 1992, repealed §§
14-206--14-211, 14-214, 14-217--14-219, and § 2 enacted §§ 14-206--14-211,
14-214, and 14-217--14-223 in lieu thereof to read as herein set out. The
repealed provisions pertained to similar subject matter and derived from Code
1962, §§ 6-1-19 and 6‑1‑25.
Cross
reference--Bingo, § 13-31 et seq.
Sec. 14-206. Definitions.
As used in this article, unless
the context otherwise requires:
(1) A person advances gambling activity if, acting other
than as a player, he or she engages in conduct that materially aids any form of
gambling activity. Conduct of this
nature includes, but shall not be limited to, conduct directed toward (a) the
creation or establishment of the particular game, contest, scheme, device, or
activity involved or (b) the acquisition or maintenance of premises,
paraphernalia, equipment, or apparatus therefor.
(2) Bookmaking shall mean advancing gambling activity by
unlawfully accepting bets from members of the public as a business upon the
outcome of future contingent events.
(3) A person profits from gambling activity if, other than
as a player, he or she accepts or receives money or other property pursuant to
an agreement or understanding with any person whereby he or she participates or
is to participate in the proceeds of gambling activity.
(4) A person engages in gambling if he or she bets
something of value upon the outcome of a future event, which outcome is
determined by an element of chance, or upon the outcome of a game, contest, or
election, or conducts or participates in any bingo, lottery by the sale of
pickle cards, lottery, raffle, gift enterprise, or other scheme not authorized
or conducted in accordance with the Nebraska Bingo Act, the Nebraska Pickle
Card Lottery Act, the Nebraska Lottery and Raffle Act, the Nebraska Small
Lottery and Raffle Act, the Nebraska County and City Lottery Act, or section
14-207 of the city code, but a person does not engage in gambling by:
(a) Entering into a lawful business transaction;
(b) Playing an amusement device or a coin-operated mechanical
game which confers as a prize an immediate, unrecorded right of replay not
exchangeable for something of value;
(c) Conducting or participating in a prize contest; or
(d) Conducting or participating in any bingo, lottery by the sale
of pickle cards, lottery, raffle, or gift enterprise conducted in accordance
with the Nebraska Bingo Act, the Nebraska Pickle Card Lottery Act, the Nebraska
Lottery and Raffle Act, the Nebraska Small Lottery and Raffle Act, the Nebraska
County and City Lottery Act, or section 14-207 of the city Code.
(5) Gambling device shall mean any device, machine,
paraphernalia, writing, paper, instrument, article, or equipment that is used
or usable for engaging in gambling, whether that activity consists of gambling
between persons or gambling by a person involving the playing of a
machine. Gambling device shall also
include any mechanical gaming device, computer gaming device, electronic gaming
device, or video gaming device which has the capability of awarding something
of value, free games redeemable for something of value, instant win tickets
which also provide the possibility of participating in a subsequent drawing or
event, or tickets or stubs redeemable for something of value, except as
authorized in the furtherance of parimutuel wagering. Supplies, equipment, cards, tickets, stubs, and other items used
in any bingo, lottery by the sale of pickle cards, other lottery, raffle, or
gift enterprise conducted in accordance with the Nebraska Bingo Act, the
Nebraska Pickle Card Lottery Act, the Nebraska Lottery and Raffle Act, the
Nebraska Small Lottery and Raffle Act, the Nebraska County and City Lottery
Act, or section 14-207 of the city Code are not gambling devices within this
definition.
(6) Lottery.
(a) Lottery shall mean a gambling scheme in which (1) the players
pay or agree to pay something of value for chances, represented and
differentiated by numbers or by combinations of numbers or by some other medium
one or more of which chances are to be designated the winning ones, (2) the
winning chances are to be determined by a drawing or by some other method based
on an element of chance, and (3) the holders of the winning chances are to
receive cash or prizes redeemable for cash.
(b) Lottery shall not include (1) any gambling scheme which uses
any mechanical gaming device, computer gaming device, electronic gaming device,
or video gaming device which has the capability of awarding monetary prizes,
free games redeemable for monetary prizes, or tickets or stubs redeemable for
monetary prizes, (2) any activity authorized or regulated under the Nebraska
Bingo Act, the Nebraska Pickle Card Lottery Act, the Nebraska Lottery and
Raffle Act, the Nebraska Small Lottery and Raffle Act, section 14-207 of the
city Code, or Chapter 2, article 12 of the Nebraska Revised Statutes as
amended, or (3) any activity prohibited under Chapter 28, article 11 of the
Nebraska Revised Statutes as amended.
(7) Something of value shall mean any money or property,
any token, object, or article exchangeable for money or property, or any form
of credit or promise directly or indirectly contemplating transfer of money or
property or of any interest therein, or involving extension of a service or
entertainment.
(8) Prize contest shall mean any competition in which one
or more competitors are awarded something of value as a consequence of winning
or achieving a certain result in the competition and (a) the value of such
awards made to competitors participating in the contest does not depend upon
the number of participants in the contest or upon the amount of consideration,
if any, paid for the opportunity to participate in the contest or upon chance
and (b) the value or identity of such awards to be made to competitors is
published before the competition begins.
Source: Ord. No. 3869, § 2, 5-4-92
Sec.
14-207. Established business; conduct gift
enterprise; conditions; gift enterprise, defined.
Any person engaged in a bona
fide business with an established place of business in the State of Nebraska
or, in the case of a foreign corporation, with an established place of business
in another state may, solely for the purpose of business promotion and not for
profit to such person, conduct a gift enterprise.
For purposes of this section,
gift enterprise shall mean a game in which prizes are offered and awarded to
participants in such games when no payment is required for participation. Such games may require as a condition of
participation the evidence of the purchase of a product or other property,
except that the price charged for such product or other property shall be no
greater than it would be if no game were involved.
Source: Ord. No. 3869, § 2, 5-4-92
Sec. 14-208. Promoting gambling in the second degree.
A person commits the offense of
promoting gambling in the second degree if he or she knowingly advances or
profits from any unlawful gambling activity by:
(1) Engaging in bookmaking to the extent that he or she receives
or accepts in any one day or more bets totaling less than one thousand dollars
($1,000.00);
(2) Receiving, in connection with any unlawful gambling scheme or
enterprise, less than one thousand dollars ($1,000.00) of money played in the
scheme or enterprise in any one day; or
(3) Betting something of value in an amount of three hundred
dollars ($300.00) or more with one or more persons in one day.
Source: Ord. No. 3869, § 2, 5-4-92
Sec. 14-209. Promoting gambling in the third degree.
A person commits the offense of promoting gambling in the
third degree if he or she knowingly participates in unlawful gambling as a player
by betting less than three hundred dollars ($300.00) in any one day.
Source: Ord. No. 3869, § 2, 5-4-92
Sec. 14-210.
Possession of
gambling records.
A person commits the offense of
possession of gambling records if, other than as a player, he or she knowingly
possesses any writing, paper, instrument, or article which is:
(1) Of a kind commonly used in the operation or promotion of a
bookmaking scheme or enterprise and such writing, paper, instrument, or article
has been used for the purpose of recording, memorializing, or registering any
bet, wager, or other gambling information.
(2) Of a kind commonly used in the operation, promotion, or
playing of a lottery or mutuel scheme or enterprise or other scheme not
conducted pursuant to the Nebraska Bingo Act, the Nebraska Pickle Card Lottery
Act, the Nebraska Lottery and Raffle Act, the Nebraska Small Lottery and Raffle
Act, the Nebraska County and City Lottery Act, or section 14-207 of the city
Code and such writing, paper, instrument, or article has been used for the
purpose of recording, memorializing, or registering any bet, wager, or other
gambling information.
Source: Ord. No. 3869, § 2, 5-4-92
Sec. 14-211. Possession of gambling device.
(a) A person commits the offense of possession of a gambling device if
he or she manufactures, sells, transports, places, possesses, or conducts or
negotiates any transaction affecting or designed to affect ownership, custody,
or use of any gambling device, knowing that it shall be used in the advancement
of unlawful gambling activity.
(b) This section shall not apply to any coin-operated mechanical
gaming device, computer gaming device, electronic gaming device, or video
gaming device which has the capability of awarding free games, which is
intended to be played and is in fact played for amusement only and which may
allow the player the right to replay such gaming device at no additional cost,
which right to replay shall not be considered money or property, except that
such mechanical game:
(1) Can be discharged of accumulated free replays only by
reactivating the game for one additional play for each accumulated free replay;
and
(2) Makes no permanent record directly or indirectly of free
replays so awarded.
Notwithstanding any other
provisions of this section, any mechanical game or device classified by the
federal government as an illegal gambling device and requiring a federal
gambling device tax stamp as required by the Internal Revenue Service in its
administration of sections 4461 and 4462 of Title 26, United States Code,
amended July 1, 1965, by Public Law 89-44, are hereby declared to be illegal
and excluded from the exemption granted in this section.
Source: Ord. No. 3869, § 2, 5-4-92
Sec. 14-212. Affirmative defenses.
In any prosecution under this
article, it shall be an affirmative defense that the writing, paper,
instrument, or article possessed by the defendant was neither used nor intended
to be used in the advancement of an unlawful gambling activity.
State law reference--Similar
provisions, R.R.S. 1943, 28-1108.
Sec. 14-214. Defenses in cases of gambling.
It shall be no defense to a
prosecution under any provision of this article relating to gambling that the
gambling is conducted outside the city and is not in violation of the laws of
the jurisdiction in which it is conducted.
Source: Ord. No. 3869, § 2, 5-4-92
Sec. 14-215. Forfeiture of bet or gambling device to
city.
Any gambling device or gambling
record possessed in violation of any provision of this article, or any money
used as a bet or stake in gambling activity in violation of any provision of
this article, shall be forfeited to the city.
State law reference--Similar
provisions, R.R.S. 1943, 28-1111.
Sec. 14-216. Status as a player is affirmative defense.
In any prosecution for an
offense defined in this article, when the defendant’s status as a player
constitutes an excusing condition, the fact that the defendant was a player
shall constitute an affirmative defense.
State law reference--Similar
provisions, R.R.S. 1943, 28-1112.
Sec. 14-217. Exemptions.
Nothing in this article shall
be construed to:
(1) Apply to or prohibit wagering on the results of horse races
by the parimutuel or certificate method when conducted by licensees within the
racetrack enclosure at licensed horse race meetings; or
(2) Prohibit or punish the conducting or participating in any
bingo, lottery by the sale of pickle cards, lottery, raffle, or gift enterprise
when conducted in accordance with the Nebraska Bingo Act, the Nebraska Pickle
Card Lottery Act, the Nebraska Lottery and Raffle Act, the Nebraska Small
Lottery and Raffle Act, the Nebraska County and City Lottery Act, or section
14-207 of the city Code.
Source: Ord. No. 3869, § 2, 5-4-92
Sec. 14-218. Nonprofit organization; conduct lotteries;
conditions.
Any qualifying nonprofit
organization may conduct a lottery that has gross proceeds not greater than one
thousand dollars ($1,000.00). Each chance in such lottery shall have an equal
likelihood of being a winning chance.
The gross proceeds of the lottery shall be used solely for charitable or
community betterment purposes, awarding of prizes, and expenses. No more than one lottery shall be conducted
by any qualifying organization within any calendar month.
Source: Ord. No. 3869, § 2, 5-4-92
Sec. 14-219. Nonprofit organization; conduct raffles;
conditions.
Any qualifying nonprofit
organization may conduct a raffle that has gross proceeds not greater than five
thousand dollars ($5,000.00). Each
chance in such raffle shall have an equal likelihood of being a winning
chance. The gross proceeds shall be
used solely for charitable or community betterment purposes, awarding of prizes,
and expenses. Any qualifying nonprofit
organization may conduct one or more raffles in a calendar month if the total
gross proceeds from such raffles do not exceed five thousand dollars
($5,000.00) during such month.
Source: Ord. No. 3869, § 2, 5-4-92
Sec. 14-220. Lotteries; established by political
subdivision; election; prior approval.
The city may establish and
conduct a lottery if an election is first held pursuant to this section. The city shall not establish and conduct a
lottery until such course of action has been approved by a majority of the
registered voters of the city casting ballots on the issue at a regular
election or a special election called by the governing board of the city for
such purpose.
Source: Ord. No. 3869, § 2, 5-4-92
Sec. 14-221. Gross proceeds; use.
The gross proceeds of any
lottery conducted by the city shall be used solely for community betterment
purposes, awarding of prizes, taxes and expenses. Not less than sixty-five (65) percent of the gross proceeds shall
be used for the awarding of prizes, and not more than ten (10) percent of the
gross proceeds shall be used to pay the expenses of operating the lottery.
Source: Ord. No. 3869, § 2, 5-4-92
Sec. 14-222. Gambling debt collection; penalty.
A person commits the offense of
gambling debt collection if he or she employs any force or intimidation or
threatens force or intimidation in order to collect any debt which results from
gambling as defined in this article.
Source: Ord. No. 3869, § 2, 5-4-92
Sec. 14-223. Proof of occurrence of sporting event; prima
facie evidence.
In any prosecution under this
article in which it is necessary to prove the occurrence of a sporting event, a
published report of its occurrence in any daily newspaper, magazine, or other
periodically printed publication of general circulation shall be admissible in
evidence and shall constitute prima facie evidence of the occurrence of the
event.
Source: Ord. No. 3869, § 2, 5-4-92
ARTICLE
X. OFFENSE AGAINST THE PUBLIC HEALTH
AND SAFETY
DIVISION 1. GENERALLY
Sec. 14-226. Abandoned iceboxes, refrigerators, etc.
It shall be unlawful for any
person to leave or permit to remain outside of any dwelling, building or other
structure, or within any unoccupied or abandoned building, structure or
dwelling under his control, in a place accessible to children, any abandoned,
unattended or discarded icebox, refrigerator or other container which has a
door or lid, snaplock or other locking device which may not be released from
the inside, without first removing said door or lid, snaplock or other locking
device.
Source: Code 1962, § 6-6-1
Sec. 14-227. Barbed wire or electric fences.
It shall be unlawful for any
person to erect or maintain the following upon their property:
(1) Any electric fence;
(2) Any fence constructed in whole or in part of barbed wire
unless said barbed wire is located six (6) feet or more above ground level at
the base of the fence.
Source: Code 1962, § 6-1-6; Ord. No. 3900, § 1,
10-5-92
Sec. 14-228. Riots.
It shall be unlawful for any
person to fail or refuse immediately to disperse upon an order to do so by a
police officer, when three (3) or more persons are assembled for the purpose of
disturbing the peace or for the purpose of committing any unlawful act.
Source: Code 1962, § 6-1-42
Sec. 14-229. Unlawful throwing of firecrackers; penalty.
(a) A person commits the offense of unlawful throwing of firecrackers
if he throws any firecracker, or any object which explodes upon contact with
another object:
(1) From or into a motor vehicle;
(2) Onto any street, highway, or sidewalk;
(3) At or near any person;
(4) Into any building; or
(5) Into or at any group of persons.
(b) Unlawful throwing of firecrackers is punishable under the general
penalty section of this code.
(c) The driver of any motor vehicle from which any offense as set
forth under subsection (a) of this section shall have been committed shall be
prima facie responsible for the commission of said offense and may be charged
accordingly.
Source: Ord. No. 3088, § 23, 9-7-82; Ord. No. 3437,
§ 1, 10-6-86
Sec. 14-230. Fireworks--When
sale and discharge permissible.
Permissible fireworks may be sold,
discharged, exploded or used in the city on June 25 through and including July
4 of each year; provided, that on such days the sale, discharge, and explosion of
fireworks shall be permitted during the following times: June 25 through July
3 from 10:00 a.m. to 10:00 p.m.; and July 4 from 8:00 a.m. to midnight. The
sale, discharge, or exploding of fireworks
within the city on any dates or times other than as set forth in this section
or as otherwise allowed by this article shall constitute an offense unless
prior approval for the sale and/or discharge has been acquired from the city council.
Source: Ord. No. 3650, § 1, 6-5-89; Ord. No. 3675, §
1, 9-18-89; Ord. No. 3878, § 1, 7-20-92; Ord. No. 5855, § 1, 12-4-23;
Sec. 14-231. Same--Health division permit for discharge.
(a) Fireworks which are legal for discharge within the State of
Nebraska, may be discharged for purposes of controlling birds, notwithstanding
the provision of section 14-230 of this Code, by the owner or occupant of any
real estate who has, prior to discharge of any fireworks, first obtained a
permit from the city health division.
There shall be no fee for such permit.
Said permit shall be valid for a period of two (2) weeks from the date
of issuance. Permits may be reissued by
the health division after the expiration of any permit period. Said permit may be revoked or altered by the
city health division or may be suspended by the police division by either
division giving actual notice of said revocation, alteration or suspension to
the permit holder. Permits issued by
the health division shall allow the use of fireworks only between the hours of
8:00 a.m. and 9:30 p.m.
(b) Every application and permit issued pursuant to this section shall
state the name of the owner or occupant making the application, the address
where the fireworks are to be discharged, the type of fireworks to be
discharged, the time and date when discharge is desired or permissible.
(c) Any person obtaining a permit pursuant to this section shall not
be subject to prosecution for disturbing the peace under section 14-315 of this
Code unless the person has first been given actual notice of the revocation,
suspension or alteration of the permit as provided in this section.
Source: Ord. No. 3675, § 2, 9-18-89
Sec. 14-232. Flying lanterns; prohibition; penalty.
(a) It shall be unlawful for any person to sell,
purchase, possess, or set aloft flying lantern-type devices.
(b) For purposes of this section, flying
lantern-type devices shall mean devices that require a flame which produces
heated air trapped in a balloon-type covering allowing the device to float in
the air. Flying lantern-type devices shall not include hot-air balloons
used for transporting persons.
(c) A violation of this section is punishable under
the general penalty section of this Code.
(d) The provisions of this section
shall be enforceable within two (2) miles of the corporate limits of the city as
authorized in Nebraska Revised Statutes Section 16-246.
Source: Ord. No. 5383, § 1, 3-7-16
Sec. 14-233.
Tobacco use on city property.
For purposes of this section, "tobacco" is defined as
all tobacco and alternative nicotine products including but not limited to
cigarettes, cigars, pipes, electronic cigarettes, all vapor products, oral tobacco,
and nasal tobacco. It also includes any product intended to imitate
tobacco products or deliver nicotine. Tobacco does not include any device
or substance approved for cessation of tobacco use by the U.S. Food and Drug
Administration.
(a) No person shall use tobacco in any
city owned or leased building, or within 20 feet of any entryway to such
building, or in any city owned or leased vehicle.
(b) No person shall use tobacco
while on or within 20 feet of any bleachers located on any city owned property.
(c) No person shall use tobacco in any
area of Veterans Memorial Park except in parking areas available to the general
public.
Source: Ord. No. 5421, § 2, 8-1-16; Ord.
No. 5575, § 1, 11-5-18;
Secs. 14-234
Vapor products and tobacco; possession by minors;
unlawful.
(a) For purposes
of this section, the following definitions shall apply:
Tobacco is defined as all tobacco and alternative nicotine
products including but not limited to cigarettes, cigars, pipes, electronic
cigarettes, all vapor products, oral tobacco, and nasal tobacco. It also
includes any product intended to imitate tobacco products or deliver
nicotine. Tobacco does not include any device or substance approved for
cessation of tobacco use by the U.S. Food and Drug Administration.
Vapor product shall mean a noncombustible product, with or without
nicotine, that employs a heating element, power source, chemical, or
mechanical means, regardless of shape or size, that can be used to product
vapor or aerosol from a solution or other substance. Vapor products include
electronic cigarettes, electronic cigarillos, electronic pipes, vaping or
hookah pens, and cartridges or other containers of a solution or other
substance intended for use with such devices. Vapor products do not include
produccts approved by the U.S. Food and Drug Administration as a drug or
medical device, or products manufactured and dispensed as medical marijuana.
(b) It shall be
unlawful for any person under the age of twenty-one (21) years to possess or
use vapor products, cigarettes or cigars, electronic cigarettes, or
alternative nicotine products, or possess or use tobacco in any form
whatever; provided that the possession by a person under the age of
twenty-one (21) years under the supervision of the parent or guardian of
such person in the privacy of the parent's or guardian's home, or when
required in the performance of a person's duty as an employee, shall not be
prohibited.
Source: Ord. No. 5912, § 1, 1-21-25
DIVISION 2. WEAPONS
Sec. 14-240. Failure to register tranquilizer guns.
Any person who fails or
neglects to register any gun or other device designed, adapted or used for
projecting darts or other missiles containing tranquilizers or other chemicals
or compounds which will produce unconsciousness or temporary disability in live
animals, with the county sheriff of the county in which the owner of the gun or
device resides, commits the offense of failure to register tranquilizer guns.
State law reference--Similar
provisions, R.R.S. 1943, 28-1209.
Sec. 14-242. Discharge of firearms.
(a) It shall be unlawful for any person to discharge firearms.
(b) The provisions of subsection (a) shall not apply to:
(1) Police officers or members of the armed forces who are
engaged in the discharge of their duties as such.
(2) Persons exercising their right of self defense, defense of
others, or defense of property.
(3) Shooting galleries, gun clubs and others which hold a
conditional use permit
issued by the planning commission (or the city council in the event of appeal) for shooting in fixed localities and under specified
rules. Such conditional uses shall conform to such requirements as the planning
commission or city council
shall demand, and the conditional use permit thus issued shall be subject to revocation at any
time by action of the planning commission or city council.
(4) Any
person or entity that has obtained temporary permission from the city
council to discharge firearms.
(c) As used in this section the term “firearms” shall mean any instrument
used in the propulsion of shot, shell or bullets or other harmful objects by
the action of gunpowder exploded within it, or by the action of compressed air
within it, or by the power of springs and including what are commonly known as
air rifles and B-B guns, and shall also include sling shots, wrist rockets,
blowguns, blowpipes, blowtubes and
bows and arrows, the latter having a pull in excess of twenty (20) pounds.
Source: Code 1962, §§ 6-8-1, 6-8-4; Ord. No. 5063, §
3, 04-06-09; Ord. No. 5635, § 1, 10-07-19;
ARTICLE XI. PICKETING
Sec. 14-251. Unlawful picketing.
(a) A person commits the offense of unlawful
picketing if, either singly
or by conspiring with others, he interferes, or attempts to interfere, with any
other person in the exercise of his lawful right to work, or right to enter upon or pursue any lawful employment he may desire, in any lawful occupation,
self-employment, or business carried on in this state, by:
(1) Using threatening language toward such person or any member
of his or her immediately family, or in his, her or their presence or hearing,
for the purpose of inducing or influencing, or attempting to induce or
influence, such person to quit his or her employment, or to refrain from
seeking or freely entering into employment, or by persisting in talking to or
communicating in any manner with such person or members of his or her immediate
family against his, her or their will, for such purpose; or
(2) Following or intercepting such person from or to his work,
from or to his home or lodging, or about the city, against the will of such
person, for such purpose; or
(3) Menacing, threatening, coercing, intimidating, or frightening
in any manner such person for such purpose; or
(4) Committing an assault upon such person for such purpose; or
(5) Picketing or patrolling the place of residence of such
person, or any street, alley, road, highway, or any other place, where such
person may be, or in the vicinity thereof, for such purpose, against the will
of such person.
(b) Unlawful picketing is an offense. Each violation shall constitute
a separate offense.
State law reference--Similar
provisions, R.R.S. 1943, 28-1317.
Sec. 14-252. Mass picketing; signs.
(a) Mass picketing shall mean any form of picketing in which there are
more than two (2) pickets at any one time within either fifty (50) feet of any
entrance to the premises being picketed or within fifty (50) feet of any other
picket or pickets, or in which pickets constitute an obstacle to the free
ingress and egress to and from the premises being picketed or any other
premises, or upon the public roads, streets, or highways, either by obstructing
by their persons or by the placing of vehicles or other physical obstructions.
(b) A person commits the offense of mass picketing if singly or in concert
with others, he engages in or aids and abets any form of picketing activity
that shall constitute mass picketing as defined in subsection (a) of this
section.
(c) Mass picketing is an offense.
Each violation shall constitute a separate offense.
(d) Any person who shall legally picket by any means or methods other
than those forbidden in this section or in section 14-281 shall visibly display
on his or her person a sign showing the name of the protesting organization he
or she represents. The composition of
the sign shall be upper case lettering of not less than two and one half (2
1/2) inches in height.
State law reference--Similar
provisions, R.R.S. 1943, 28-1318.
Sec. 14-253. Interfering with picketing.
(a) A person commits the offense of interfering with picketing if,
acting separately or with others, he interferes with any picketing not
described as mass picketing in section 14-252, except that this provision shall
not apply to duly qualified peace officers or to court action.
(b) Interfering with picketing is an offense. Each violation shall constitute a separate
offense.
State law reference--Similar
provisions, R.R.S. 1943, 28-1319.
Sec. 14-254. Intimidating pickets.
(a) A person commits the offense of intimidating pickets if he intimidates
or attempts to intimidate any striker by threat of the loss of any right or
condition of employment, that directly or indirectly would affect the lawful
conduct of said striker in any way.
(b) Intimidation of pickets is an offense. Each violation shall constitute a separate offense.
State law reference--Similar
provisions, R.R.S. 1943, 28-1320.
ARTICLE XII. DRUGS
Sec. 14-266. Definitions.
As used in this article, unless
the context requires otherwise:
(1) Controlled substance shall mean all drugs and
substances, or immediate precursors in Schedules I to V of section 28-405,
Reissue Revised Statutes of Nebraska, 1943, as effective April 3, 1960. The term shall not include distilled spirits,
wine, malt beverages, tobacco, or any non-narcotic substance if such substance
may, under the Federal Food, Drug, and Cosmetic Act, and the law of the state,
be lawfully sold over the counter without a prescription.
(2) Drug shall mean:
(a) Articles recognized in the official United States
Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or
official National Formulary, or any supplement to any of them;
(b) Substances intended for use in the diagnosis, cure,
mitigation, treatment or prevention of disease in man or animals;
(c) Substances, other than food, intended to affect the structure
or any function of the body of man or animals; and
(d) Substances intended for use as a component of any article
specified in subsections (a), (b) or (c) herein; but does not include devices
or their components, parts or accessories.
(3) Marijuana shall mean all parts of the plant cannabis
stiva L., whether growing or not; the seeds thereof; the resin extracted from
any part of such plant; and every compound, manufacture, salt, derivative,
mixture or preparation of such plant, its seeds or resin, but shall not include
the mature stalks of such plant, fiber produced from such stalks, oil or cake
made from the seeds of such plant, any other compound, manufacture, salt,
derivative, mixture or preparation of such mature stalks, except the resin
extracted therefrom, fiber, oil or cake, or the sterilized seed of such plant
which is incapable of germination; and, where the weight of marijuana is
referred to in this article it shall mean its weight at or about the time it is
seized or otherwise comes into the possession of a police officer of the city,
whether cured or uncured at that time.
(4) Narcotic drug shall mean any of the following, whether
produced directly or indirectly by extraction from substances of vegetable
origin, or independently by means of chemical synthesis, or by a combination of
extraction and chemical synthesis:
(a) Opium, opium poppy and poppy straw, coca leaves, and opiates;
(b) A compound, manufacture, salt, derivative or preparation of
opium, coca leaves or opiates;
(c) A substance and any compound, manufacture, salt, derivative,
or preparation thereof which is chemically equivalent to or identical with any
of the substances referred to in subsections (a) and (b) herein, except that
the words narcotic drug as used in this article shall not include decocainized
coca leaves or extracts of coca leaves, which extracts do not contain cocaine or
ecgonine, or isoquinoline alkaloids of opium.
(5) Opiate shall mean any substance having an
addiction-forming or addiction-sustaining liability similar to morphine or
being capable of conversion into a drug having such addiction-forming or
addiction-sustaining liability. It does
not include the dextrorotatory isomer of 3-methczy-n-methylmorphinan and its
salts. It does include its racemic and
levorotatory forms.
(6) Opium poppy shall mean the plant of the species
Papaver somniferum L., except the seeds thereof.
(7) Poppy straw shall mean all parts, except the seeds, of
the opium poppy, after mowing.
Source: Code 1962, § 6-13-2
Sec. 14-267. Drug paraphernalia--Defined.
As used in this article, unless
the context otherwise requires, drug paraphernalia shall mean all equipment,
products, and materials of any kind which are used, intended for use, or
designed for use, in manufacturing, injecting, ingesting, inhaling, or
otherwise introducing into the human body a controlled substance as defined in
Chapter 28, Article 4, effective April 24, 1980 or the Uniform Controlled
Substances Act. It shall include, but
not be limited to, the following:
(1) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, used, intended for use, or designed
for use in cutting controlled substances;
(2) Separation gins and sifters used, intended for use, or
designed for use in removing twigs and seeds from, or in otherwise cleaning or
refining marijuana;
(3) Hypodermic syringes, needles, and other objects used,
intended for use and designed for use in parenterally injecting controlled
substances into the human body; and
(4) Objects used, intended for use, or designed for use in
ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or
hashish oil into the human body, which shall include but not be limited to the
following:
a. Metal, wooden, acrylic, glass, stone, plastic, or ceramic
pipes with or without screens, permanent screens, hashish heads, or punctured
metal bowl;
b. Water pipes;
c. Carburetion tubes and devices;
d. Smoking and carburetion masks;
e. Roach clips, meaning objects used to hold burning material,
such as a marijuana cigarette, which has become too small or too short to be
held in the hand;
f. Miniature cocaine spoons, and cocaine vials;
g. Chamber pipes;
h. Carburetor pipes;
i. Electric pipes;
j. Air-driven pipes;
k. Chillums;
l. Bongs; and
m. Ice pipes or chillers.
State law reference--Similar
provisions, R.R.S. 1943, 28-439.
Sec. 14-268. Same--Factors in determination.
In determining whether an
object is drug paraphernalia, a court or other authority shall consider, in
addition to all other logically relevant factors, the following:
(1) Statements by an owner or by anyone in control of the object
concerning its use;
(2) Prior convictions, if any, of an owner, or of anyone in
control of the object, under any state or federal law relating to any
controlled substances.
(3) The proximity of the object, in time and space, to a direct
violation of Chapter 28, Article 4, effective April 24, 1980.
(4) The proximity of the object to any controlled substance;
(5) The existence of any residue of a controlled substance;
(6) Direct or circumstantial evidence of the intent of an owner,
or of anyone in control of the object, to deliver it to any person whom he or
she knows, or should reasonably know, intends to use the object to facilitate a
violation of Chapter 28, Article 4, effective April 24, 1980. The innocence of an owner, or of anyone in
control of the object, as to a direct violation of this section shall not
prevent a finding that the object is intended for use, or designed for use as
drug paraphernalia;
(7) Instructions, oral or written, provided with the object
concerning its use;
(8) Descriptive materials accompanying the object which explain
or depict its use;
(9) National and local advertising concerning its use;
(10) The manner in which the object is displayed for sale;
(11) Whether the owner, or anyone in control of the object, is a
legitimate supplier of like or related items to the community, such as a
licensed distributor or dealer of tobacco products;
12) Direct or circumstantial evidence of the ratio of sales of the
object or objects to the total sales of the business enterprise;
(13) The existence and scope of any legitimate use for the object in
the community; and
(14) Expert testimony concerning its use.
State law reference--Similar
provisions, R.R.S. 1943, 28-440.
Sec. 14-269. Same--Upon possession.
(a) It shall be unlawful for any person to use, or to possess with
intent to use, drug paraphernalia to manufacture, inject, ingest, inhale, or
otherwise introduce into the human body a controlled substance in violation of
Reissue Revised Statutes of Nebraska, 1943, 28-439.
(b) Any person who violates this section shall be guilty of an
offense.
State law reference--Similar
provisions, R.R.S. 1943, 28-441.
Sec. 14-270. Same--Delivery or sale.
It shall be unlawful for any
person to deliver, possess with intent to deliver, or manufacture with intent
to deliver, drug paraphernalia, knowing or under circumstances where one
reasonably should know, that it will be used to manufacture, inject, ingest,
inhale, or otherwise introduce into the human body a controlled substance in
violation of Chapter 28, Article 4, effective April 24, 1980.
Sec. 14-271. Same--Delivery to minor.
Any person eighteen (18) years
of age or older who violates section 14-270, by delivering drug paraphernalia
to a person under eighteen (18) years of age who is at least three (3) years
his junior shall have committed an offense.
State law reference--Similar
provisions, R.R.S. 1943, 28-442.
Sec. 14-272. Same--Advertisement.
(a) It shall be unlawful for any person to place in any newspaper,
magazine, handbill, or other publication any advertisement, knowing, or under
circumstances where one reasonably should know, that the purpose of the
advertisement, in whole or in part, is to promote the sale of objects designed
or intended for use as drug paraphernalia.
(b) Any person who violates this section shall be guilty of an
offense.
State law reference--Similar
provisions, R.R.S. 1943, 28-444.
Sec. 14-273. Possession of marijuana.
(a)
Any
person knowingly or intentionally possessing marijuana weighing not more than
one pound shall be guilty of an offense.
(b)
Any person knowingly or intentionally possessing marijuana weighing one ounce or
less shall:
(1)
For the first offense, be guilty of an offense, receive a citation, be fined
three hundred dollars ($300.00), and be assigned to attend a course as
prescribed in Section 29-433 of the Nebraska Revised Statutes if
the judge determines that attending such course is in the best interest of
the individual defendant;
(2)
For the second offense, be guilty of an offense, receive a citation, be fined
four hundred dollars ($400.00) and may be imprisoned not to exceed five (5)
days; and
(3)
For the third and all subsequent offenses, be guilty of an offense, receive a
citation, be fined five hundred dollars ($500.00) and be imprisoned not to
exceed seven (7) days.
Source: Ord. No. 5088, § 1, 8-17-09
State law
reference--Similar provisions, R.R.S. 1943, 28-416(4), (6).
ARTICLE XIII. OBSCENITY
Sec. 14-281. Definitions.
As used in this article, unless
the context requires otherwise:
Available to the public
means that the matter or performance may be purchased or attended on a
subscription basis, on a membership fee arrangement, or for a separate fee for each
item or performance.
Disseminate means to
transfer possession of, with or without consideration.
Knowingly means being
aware of the character and the content of the material.
Material means any book,
magazine, newspaper or other printed or written material or any picture,
drawing, photograph, motion picture, or other pictorial representation or any
statute or other figure, or any recording, transcription or mechanical,
chemical, or electrical reproduction or any other articles, equipment or machines.
Nudity means the showing
of the human male or female genitals or pubic area with less than a fully
opaque covering, or the depiction of covered male genitals in a discernibly
turgid state.
Obscene means that to
the average person applying contemporary community standards:
(1) The predominant appeal of the matter taken as a whole, is to
prurient interest; a shameful or morbid interest in sexual conduct, nudity, or
excretion, and
(2) The matter depicts or describes in a patently offensive
manner sexual conduct regulated (by the applicable state statute), and
(3) The work, taken as a whole, lacks serious literary, artistic,
political or scientific value.
Performance means any
preview, play, show, skit, film, dance or other exhibition performed before an
audience.
Promote means to cause,
permit, procure, counsel or assist.
Service to patrons means the
provision of services to paying guests in establishments providing food and
beverages; including but not limited to hostessing, hat checking, cooking,
bartending, serving, table setting and clearing, waiter and waitressing.
Source: Code 1962, § 6-14-1; Ord. No. 3058, § 1(24),
3-1-82
Sec. 14-282. Prohibited conduct.
It shall be unlawful for any
person to:
(1) Knowingly disseminate, distribute or make available any
obscene material to a minor which shall mean any unmarried person under
eighteen (18) years of age; or
(2) Knowingly engage in or participate in any obscene performance
made available to the public; or
(3) Knowingly engage in commerce for commercial gain with
materials depicting and describing explicit sexual conduct, nudity, or
excretion utilizing displays, circulars, advertisements and other public sales
efforts that promote such commerce primarily on the basis of their prurient
appeal; or
(4) Provide service to patrons in such manner as to expose to
public view:
(a) His or her genitals, pubic hair, buttocks, perineum, anal
region or pubic hair region;
(b) Any device, costume or covering which gives the appearance of
or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic
hair region; or
(c) Any portion of the female breast at or below the areola
thereof; or
(5) Knowingly promote the commission of any of the above listed
unlawful acts.
Source: Code 1962, § 6-14-2
Sec. 14-283. Notice of obscene material or action.
(a) Actual notice of the obscene nature of such material, performance,
or activity may be given to a person involved in or responsible for such from
the city attorney on the basis of information lawfully gathered and supplied to
him by the police department or citizens.
Such notice shall be in writing and delivered by mail or in person to
the alleged offender. Such notice shall
state that:
(1) In the opinion of the city attorney the activity engaged in
falls within the prohibitions of this article;
(2) That if such activity has not ceased within seven (7)
judicial days the city will take appropriate legal action; and
(3) That a declaratory judgment proceeding as described in this
article is available if a person engaged in the challenged activity wishes to
initiate the legal determination of whether the activity is in fact obscene.
(b) A person who promotes any obscene activity as prohibited in this
article in the course of his business is presumed to do so with knowledge of
its content and character.
Source: Code 1962, § 6-14-3
Sec. 14-284. Legal proceedings generally.
(a) In rem proceedings.
The chief of police may apply to the city attorney to institute an
attachment proceeding against any material which is alleged to be obscene in a
sworn affidavit. Upon filing of such an
application for attachment the chief of police shall immediately cause notice
thereof to be served either personally or by mail upon any person residing or
doing business in the city who is known or believed by the chief of police to
have any of the following interests in material named in the complaint;
(1) The publisher; and
(2) The wholesaler, distributor, circulator; and
(3) Every retailer or dealer who has, or may have, possession of
any material identical to material named in the complaint.
Trial shall be held not later
than the fourth judicial day following the filing for attachment. No trial under this subsection shall be
continued or otherwise postponed more than one judicial day, but may be
conducted by a judge pro tempore in the event of unavailability of the trial
judge.
(b) Declaratory judgment.
Any person receiving notice in writing from the city attorney that a
specified activity is obscene may bring an action against the city for a
declaratory judgment to determine whether such activity is obscene. If it is adjudged and declared by the court
that such activity is obscene, then the city attorney may cause the publication
of such judgment in a newspaper of general circulation in the city and upon
such publication all persons residing or doing business in the city will be
presumed to have actual notice of the nature of the activity.
(c) Criminal prosecution.
The city attorney may cause criminal charges, to be brought against any
person presently engaging in or who has engaged in any prohibited activity in
violation of section 14-282(l), 14-283 and 14-285. If the city attorney has given notice pursuant to section
14-283(a) then such criminal charges may be brought only after seven (7)
judicial days after receipt of said notice.
(d) Injunction.
The city attorney may seek a temporary restraining order in order to
enjoin any obscene performance or the service of patrons in violation of
section 14-282(2). If the city attorney
has given written notice pursuant to section 14-283(a), he may after the
passage of seven (7) judicial days seek such a temporary restraining
order. A judicial hearing on a request
for such order must be granted within three (3) judicial days.
(e) Other remedies.
Proceedings authorized by this section shall be in addition to any other
provided by law.
Source: Code 1962, § 6-14-4
Sec. 14-285. Evidence and defenses.
Expert affirmative evidence
that the materials or activities are obscene is not required when the materials
or activities themselves are presented as evidence. It shall be an affirmative defense in any prosecution under this
article that allegedly obscene material was disseminated, or presented for a
bona fide scientific, medical, educational, governmental, or judicial purpose
by a physician, psychologist, teacher, clergyman, prosecutor or judge.
Source: Code
1962, § 6-14-5
Sec. 14-286.
Violations.
(a) In an in rem proceeding against sexually explicit material under
section 14-284 the court shall, upon determination by the trier of fact that
the material is obscene, make an order confiscating the obscene material and
authorize and direct the chief of police to, pending the exhaustion of all
appeals, destroy the same.
(b) Whoever violates this article shall, upon conviction thereof, be
guilty of an offense.
(c) After conviction, in addition to any other penalty imposed for a
violation of this article, the municipal authority may, revoke the business
license of the offender and upon conviction of the offender for a second
violation, the municipal authority shall revoke the business license of such
person.
Source: Code 1962, § 6-14-6
ARTICLE
XIV. OTHER OFFENSES
Sec.
14-302. Slaughtering,
hanging, skinning, or processing any animal.
(a) It shall be
unlawful for any person to slaughter any animal upon property located within
the city unless said slaughter is conducted as part of an ongoing commercial
slaughtering and/or meat processing business.
(b)
Hanging,
skinning, or processing of an animal carcass shall be prohibited within the
city unless the hanging, skinning, or processing occurs within a completely
enclosed building or unless screened from view of any adjacent property or any
public property.
(c)
For
purposes of this section, “animal” shall not include fish or fowl.
Source: Ord. No. 4242, § 1, 2-18-97
Sec. 14-303. Stagnant water.
(a) Whoever shall build, erect, continue to keep up any dam or other
obstruction in any river or stream of water in this state and thereby raises an
artificial pond, or produce stagnant waters, which shall be manifestly
injurious to the public health and safety, shall be guilty of an offense and
the court shall, moreover, order every such offense to be abated or removed.
(b) It shall be unlawful for any owner of any lot or parcel of land
to leave an excavation upon the same exposed so as to catch and hold water,
filth or any refuse matter. Whenever
the owner of any lot or parcel of land shall leave an excavation in violation
of this section, it shall be the duty of the health official or his or her designee to
notify in writing such person to appear before the mayor and council at the
next regular meeting thereof to be held not less than five (5) days after the
service of said notice, and show cause if there be any, why he or she should not be
required to fill said excavation with earth or sand.
(c) If the owner of such lot or parcel of land resides in the city,
the notice shall be served by delivering to him or her a copy thereof personally or by
leaving the same at his or her residence. If
the owner shall not reside within the city, the notice may be served by
delivering a copy to his or her resident agent.
If the owner shall not reside within the city and shall have no resident
agent known to the board of health, the notice may be served by publishing the
same one time in a newspaper printed in the city.
Cross reference--Nuisances,
Ch. 17.
State law reference--Similar
provisions, R.R.S. 1943, 28-1303. Ord. No. 5563, § 35,
8-20-18;
Sec. 14-304. Putting carcass or filthy substance into
well, spring, brook, or stream.
Whoever shall put any dead
animal, carcass or part thereof, or other filthy substance, into any well, or into
any spring, brook or branch of running water, of which use is made for domestic
purposes, shall be guilty of an offense.
Cross reference--Nuisances,
Ch. 17.
State law reference--Similar
provisions, R.R.S. 1943, 28-1304.
Sec. 14-305. Exposing offensive matter.
Whoever shall put the carcass
of any dead animal or the offals from any slaughter house or butcher’s
establishment, packing house or fish house, or any spoiled meats or spoiled
fish or any putrid animal substance or the contents of any privy vault upon or
into any river, bay, creek, pond, canal, road, street, alley, lot, field,
meadow, public ground, market space, or common; or whoever, being the owner or
owners, occupant or occupants thereof, shall knowingly permit the same to
remain in any of the aforesaid situations, to the annoyance of the citizens of
this city, or any of them, or shall neglect or refuse to remove or abate the
nuisance occasioned thereby, within twenty-four (24) hours after knowledge of
the existence of such nuisance upon any of the above described premises owned
or occupied by him, her or them, or after notice thereof in writing from the
health officer, shall be guilty of an offense.
If the nuisance is not abated within twenty-four (24) hours thereafter,
it shall be deemed a second offense against the provisions of this section, and
every like neglect of each twenty-four (24) hours thereafter shall be
considered an additional offense.
Cross reference--Nuisances,
Ch. 17.
State law reference--Similar
provisions, R.R.S. 1943, 28-1305.
Sec. 14-306. Unclean stock cars.
It shall be unlawful for any
railroad company operating its road in this state to bring or cause to be
brought into this city from an adjoining state any empty car used for
transporting hogs or sheep, or any empty combination car used for carrying
grain and stock that has any filth of any kind whatever in the same; but such
railroad company shall, before it allows such car or cars to pass into the
state, cause the same to be thoroughly cleaned. Any person violating any provision of this section shall be
guilty of an offense.
State law reference--Similar
provisions, R.R.S. 1943, 28-1306.
Sec. 14-307. Refusing to yield to a party line.
A person commits the offense of
refusing to yield a party line if he willfully refuses to relinquish a
telephone party line, consisting of a subscriber line telephone circuit with
two (2) or more main telephone stations connected therewith, each having a
distinctive ring or telephone number, after he has been requested to do so to
permit another to place a call, in an emergency in which property or human life
is in jeopardy and the prompt summoning of aid is essential, unless such party
line is already being used for another such emergency call, or willfully
interferes with such an emergency message, or requests the use of such a party
line by falsely stating that the same is needed for any such purpose, knowing
the statement to be false.
State law reference--Similar
provisions, R.R.S. 1943, 28-1309.
Sec. 14-308. Intimidation by phone call.
(a) A person commits the offense of intimidation by phone call if with
intent to terrify, intimidate, threaten, harass, annoy, or offend, he:
(1) Telephones another anonymously, whether or not conversation
ensues, and disturbs the peace, quiet, and right of privacy of any person at
the place where the calls are received; or
(2) Telephones another and uses indecent, lewd, lascivious, or
obscene language or suggests any indecent, lewd, or lascivious act; or
(3) Telephones another and threatens to inflict injury to any
person or to the property of any person; or
(4) Intentionally fails to disengage the connection; or
(5) Telephones another and attempts to extort money or other
thing of value from any person.
(b) The use of indecent, lewd, or obscene language or the making of a
threat or lewd suggestion shall be prima facie evidence of intent to terrify,
intimidate, threaten, harass, annoy, or offend.
(c) The offense shall be deemed to have been committed either at the
place where the call was made or where it was received.
(d) Intimidation by phone call is an offense.
State law reference--Similar
provisions, R.R.S. 1943, 28-1310.
Sec. 14-309. Interfering with a public service company.
A person commits the offense of
interfering with a public service company if he willfully and purposely
interrupts or interferes with the transmission of telegraph or telephone
messages or the transmission of light, heat and power in this city.
State law reference--Similar
provisions, R.R.S. 1943, 28-1311.
Sec. 14-310. Interfering with the police radio system.
(a) Police radio set shall mean any radio set or apparatus
capable of either receiving or transmitting radio frequency signals within the
wavelength or channel now or which may hereafter be allocated by the Federal
Communications Commission for the police radio service.
(b) A person commits the offense of interfering with the police radio
system if he has in his possession or in any motor vehicle or equips or installs
in or on any motor vehicle, any police radio set which:
(1) In any way intentionally interferes with the transmission or
reception of radio messages by any law enforcement agency and hinders any such
agency in fulfillment of its duties; or
(2) Intercepts such radio signals to evade or assist others in
evading arrest; or
(3) Results in the use of such communication for monetary or
personal gain.
(c) The provisions of subsection (b) of this section shall not apply
to:
(1) Peace officers and members of a law enforcement agency which
regularly maintains a police radio system authorized and licensed by the
Federal Communications Commission;
(2) Any person who has permission in writing from the head of a
law enforcement agency to possess and use any radio set or apparatus capable of
receiving messages or signals within the wavelength or channel assigned to the
agency granting the permission; or
(3) Legal newspapers as defined in section 25-523 of the Reissue
Revised Statutes of Nebraska, 1943, or radio, television or cable antenna
television stations licensed pursuant to law, monitoring messages of signals
for news purposes only without rebroadcasting or republishing verbatim.
(d) It shall be the duty of any and all peace officers to seize and
hold for evidence any and all equipment possessed or used in violation of this
section, and upon conviction of the person possessing or using such equipment,
the court shall order such equipment destroyed or forfeited to the city.
State law reference--Similar
provisions, R.R.S. 1943, 28-1312.
Sec. 14-311. Unlawful use of a white cane or guide dog.
(a) A person commits unlawful use of a white cane or guide dog if he
is not blind as defined by law and carries, displays, or otherwise makes use of
a white cane or guide dog.
(b) Such use of a white cane or the use of a guide dog by a person
shall be officially recognized as an indication that the bearer is blind.
(c) Unlawful use of a white cane or guide dog is an offense.
Cross reference--Pedestrian
rights and duties, § 24-256.
State law reference--Similar
provisions, R.R.S. 1943, 28-1313.
Sec. 14-312. Failing to observe a blind person.
A person commits the offense of
failing to observe a blind person if as an operator of any vehicle or other
conveyance, he fails to:
(1) Give special consideration to the bearer of a white cane or
user of a guide dog; and
(2) Stop and remain when approaching such bearer until such time
as the bearer has safely reached a position well outside the course normally
used by the operator of the vehicle or other conveyance.
Cross reference--Pedestrians
generally, § 24-256 et seq.
State law reference--Similar
provisions, R.R.S. 1943, 28-1314.
Sec. 14-313. Locks and keys.
(a) As used in this section unless the context otherwise requires:
(1) Change key shall mean a key planned and cut to operate
a specific lock.
(2) Try-out key shall mean a key which may or may not be
one of a set of similar keys, each key made to operate a series or group of a
total series of locks, the key or keys being constructed to take advantage of
unplanned construction similarities in the series or group of locks.
(3) Wiggle key or manipulation key shall mean a material
device which may be variably positioned or manipulated in a lock’s keyway until
such action develops a condition within the lock which enables the lock to be
operated. Wiggle keys or manipulation
keys may or may not resemble normally-used keys.
(4) Master key shall mean a key planned and cut to operate
all locks in a series or group of locks, each lock having its own key other
than the master key for that individual lock only, and each lock constructed as
a part of the series or group for operation with the master key. For the purpose of this section, submaster
keys, grand master keys, great grand master keys, emergency keys, and
over-riding keys are to be considered as master keys.
(5) Keyed alike locks shall mean a series or group of
locks designed and constructed to be operated with the same change key.
(6) Locksmith shall mean a person dealing in the
mechanical action and the correct operation of all types of locks and cylinder
devices, whose trade or occupation is primarily repairing, opening or closing
such locks or devices by mechanical means other than the key designed for that
particular mechanism without altering, marring, or destroying the original
condition or effectiveness of such mechanism.
(7) Key master or key cutter shall mean a person other
than a locksmith, whose primary and only function is the cutting and
duplicating of keys.
(b) A person commits the offense of unlawful use of locks and keys if
he:
(1) Sells, offers to sell, or gives to any person other than a
law enforcement agency, dealer licensed under the provisions of Chapter 60,
Article 14 of the Reissue Revised Statutes of Nebraska, 1943, motor vehicle
manufacturer, or person regularly carrying on the profession of a locksmith any
try-out key, manipulation key, wiggle key, or any other device designed to be
used in place of the normal change key of any motor vehicle; or
(2) Has in his possession any try-out key, wiggle key,
manipulation key, or any other device designed to be used in place of the
normal change key of any motor vehicle unless he is a locksmith, locksmith
manufacturer dealer licensed under the provisions of Chapter 60, Article 14 of
the Reissue Revised Statutes of Nebraska, 1943, motor vehicle manufacturer, or
law enforcement agency; or
(3) Duplicates a master key for anyone unless written permission
has been granted by the person who has legal control of the master key. All master keys shall be stamped with the
words DO NOT DUPLICATE. All duplications
of master keys shall also be stamped with the words DO NOT DUPLICATE.
(c) Nothing in subsection (b) of this section shall be construed to
make it unlawful if:
(1) The owner of two (2) or more vehicles possesses a change key
that can be used on two (2) or more vehicles that he owns; or
(2) Such owner changes the locks on such vehicle so that they are
keyed alike; or
(3) Any person makes or duplicates the original change keys for
such an owner; or
(4) Anyone stamps any other type of key with the words DO NOT
DUPLICATE.
State law reference--Similar
provisions, R.R.S. 1943, 28-1315, 28-1316.
Sec. 14-314. Maintaining a nuisance.
(a) A person commits the offense of maintaining a nuisance if he
erects, keeps up or continues and maintains any nuisance to the injury of any
part of the citizens of this state.
(b) The erecting, continuing, using, or maintaining of any building,
structure, or other place for the exercise of any trade, employment,
manufacture, or other business which, by occasioning noxious exhalations,
noisome or offensive smells, becomes injurious and dangerous to the health,
comfort, or property of individuals or the public; the obstructing or impeding,
without legal authority, of the passage of any navigable river, harbor, or
collection of water; or the corrupting or rendering unwholesome or impure of
any watercourse, stream, or water; or unlawfully diverting any such watercourse
from its natural course or state to the injury or prejudice of others; and the
obstructing or encumbering by fences, buildings, structures or otherwise of any
of the public highways or streets or alleys of the city, shall be deemed
nuisances.
(c) A person guilty of erecting, continuing, using, maintaining or
causing any such nuisance shall be guilty of a violation of this section, and
in every such case the offense shall be construed and held to have been
committed in any county whose inhabitants are or have been injured or aggrieved
thereby.
(d) The
court, in case of conviction of such offense, shall order every such nuisance
to be abated or removed.
Cross reference--Nuisances
generally, Ch. 17.
State law reference--Similar
provisions, R.R.S. 1943, 28-1321.
Sec.
14-315. Disturbing the peace.
It shall be unlawful for any person to intentionally,
recklessly or knowingly disturb the peace and quiet of any person, family, or
neighborhood, or any public assembly. The offense of disturbing the peace shall include, but
shall not necessarily be limited to, the following:
(1) Engaging
in fighting;
(2) Exhibiting
threatening or violent conduct directed towards another person;
(3) Using abusive, threatening, or other fighting language or
gestures directed towards another person or persons;
(4) Operating any radio, tape player,
compact disc player, stereophonic sound system, or similar device which
reproduces or amplifies radio broadcasts, or musical recordings, in or upon any
street, alley, or other public place in such a manner as to be audible to other
persons in such public place more than fifty (50) feet from the source.
Source: Code 1962, §§ 6-1-13, 6-1-42,
6-12-1--6-12-3; Ord. No. 4129, § 1, 10-2-95
State law reference--Similar
provisions, R.R.S. 1943, 28-1322.
Sec. 14-317. False, deceptive, etc. advertising.
(a) A person commits an offense if that person, with intent to sell or
in any way disposes of merchandise, securities, service, or anything offered by
such person, firm, corporation, or association, directly or indirectly, to the
public for sale or distribution, or with intent to increase the consumption
thereof, or to induce the public in any manner to enter into any obligation
relating thereto, or to acquire title thereto, or an interest therein, to make,
publish, disseminate, circulate or place before the public, or cause, directly
or indirectly, to be made, published, disseminated, circulated or placed before
the public, in this state, in a newspaper or other publication, or in the form
of a book, notice, handbill, poster, bill, circular, pamphlet or letter, or in
any other way, an advertisement of any sort regarding merchandise, securities,
service, or anything so offered to the public, containing any assertion,
representation, or statement of fact which is known to be untrue, deceptive, or
misleading.
(b) For the purpose of this section any person, firm, corporation, or
association shall be deemed guilty of deceptive or misleading advertising that
makes, publishes, disseminates, circulates, or places before the public, or
causes, directly or indirectly, to be made, published, disseminated,
circulated, or placed before the public in this state, in a newspaper or other
publication, or in the form of a book, notice, handbill, poster, bill,
circular, pamphlet, or letter, or in any other way, an advertisement of any merchandise
for sale at retail at less than original actual cost or less than original
replacement cost, whichever is lower, if the merchant does not have a
sufficient quantity of merchandise to meet the reasonable expected demand, or
the advertisement either:
(1) Fails to state in such advertisement the quantity of
merchandise available for sale; or
(2) Fails to state that the advertiser is discontinuing the item.
State law reference--Similar
provisions, R.R.S. 1943, 28-1476, 28-1477.
Sec. 14-318. Curfew for minors.
(a) It shall be unlawful for any person under the age of
sixteen (16)
years to loiter, idle, wander, stroll, or play in or upon the public streets,
highways, roads, alleys, parks, public places and public buildings, places of
amusement and entertainment, vacant lots or other unsupervised places, or to
ride in or upon, drive, or otherwise operate, any automobile, bicycle or other
vehicle in, upon, over, or through the streets, alleys, or other public places
of the city, between the hours of 10:30 p.m. on Sundays, Mondays, Tuesdays,
Wednesdays, and Thursdays and 6:00 a.m. of the following day, and between the
hours of 12:00 midnight on Fridays and 6:00 a.m. on Saturdays, and between the
hours of 12:00 midnight on Saturdays and 6:00 a.m. on Sundays, unless such
person is accompanied by a parent, guardian, or other adult person having the
legal care and custody of such minor person, or unless said minor person is
upon an emergency errand or legitimate business, directed by a parent, guardian,
or legal custodian.
(b)
It shall be unlawful for any person having attained the age of sixteen (16)
years but who has not attained the age seventeen (17) years of age to loiter,
idle, wander, stroll, or play in or upon the public streets, highways, roads,
alleys, parks, public places and public buildings, places of amusement and
entertainment, vacant lots or other unsupervised places, or to ride in or upon,
drive, or otherwise operate, any automobile, bicycle or other vehicle in, upon,
over, or through the streets, alleys, or other public places of the city,
between the hours of 12:00 midnight and 6:00 a.m. unless such person is
accompanied by a parent, guardian, or other adult person having the legal care
and custody of such minor person, or unless said minor person is upon an
emergency errand or legitimate business, directed by a parent, guardian, or
legal custodian.
(c)
It shall be unlawful for the parent, guardian, or other adult
person, having the care and custody of a minor under the age of seventeen (17)
years, to allow or permit such minor person to do any of the things or acts
prohibited by subsection (a) or (b), unless said minor is accompanied by a parent,
guardian or legal custodian, or unless said minor is upon an emergency errand
or legitimate business, directed by a parent, guardian, or legal custodian.
(d)
No minor person, arrested for a violation of this section, shall
be placed in confinement until he or she has been taken home, or the parents, guardian
or legal custodian notified, and the arresting officer has ascertained whether
or not such minor person is within the control of a parent, guardian or legal
custodian; and if such parent, guardian or legal custodian shall state that
said minor cannot be controlled by them, then such minor shall be proceeded
against, otherwise the parent, guardian or legal custodian shall be proceeded
against.
Source: Code 1962, §§ 6-4-1--6-4-3; Ord. No. 4915, §
1, 12-18-06
Sec. 14-321. Distribution of handbills restricted.
No handbills, cards, dodgers or
circulars containing advertising matter shall be placed upon or within any
motor vehicle parked or standing upon the public streets, or alleys of said
city, unless consent of the owner thereof has been obtained.
Source: Code
1962, § 5-2-1
Sec. 14-322.
Restrictions on amplifiers.
It shall be unlawful for any
person to use or operate, or to cause to be used or operated, any radio
receiver, television receiver, mechanical device, machine, apparatus, or
instrument for intensification or amplification of the human voice or any sound
or noise, on any vehicle, including airplanes, within the city, either by
message produced by such mechanical device, machine, apparatus, or instrument,
or by attracting attention to the vehicle itself upon which such device is
being operated; provided, however, that this section shall not include devices
used by the city, state or federal government in the interests of police,
health and safety protection or public welfare; and provided further, that this
section shall not apply to vehicles used in parades held under the authority of
proper municipal officers.
Source: Code 1962, § 6-5-3
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