City of
WAYNE,
NEBRASKA
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*Cross references: Animals,
ch. 14; Buildings and Building Regulations, ch. 18; Unsafe Buildings, § 18-241
et seq.; Health and Sanitation, ch. 42; Solid Waste Management, ch. 66; Streets,
Sidewalks and Other Public Places, ch. 70; Subdivisions, ch. 74; Utilities, ch.
82; Vegetation, ch. 86; Zoning, ch. 90; Zoning Performance Standards, § 90-5; Performance
Standards For Industrial Uses, § 90-714.
State law references: Environmental
Protection Act, R.R.S. 1943, § 81-1501 et seq.
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Article I. In General
Sec. 34-1. Misdemeanors; use of tobacco products on
city property.
Secs.
34-2--34-30. Reserved.
Article
II. Nuisances
Division
1. Generally
Sec. 34-31. Definitions.
Sec. 34-32. Specific enumeration.
Sec. 34-33. Jurisdiction.
Sec. 34-34. Air pollution prohibited.
Sec. 34-35. Noxious use of building or premises.
Sec. 34-36. Water pollution prohibited.
Sec. 34-37. Noxious substances prohibited.
Sec. 34-38. Nuisances; adjoining landowners;
intervention before trial.
Sec. 34-39. Nuisance; duty of owner or occupant.
Sec. 34-40. Abatement of nuisance.
Secs.
34-41--34-60. Reserved.
Division
2. Noxious Weeds
Sec. 34-61. Growth permitted; control and maintenance.
Secs.
34-62--34-80. Reserved.
Division
3. Abandoned, Unlicensed or Inoperable
Motor Vehicles
Sec. 34-81. Definitions.
Sec. 34-82. Misdemeanor; abandoned, unlicensed or
inoperable motor vehicles prohibited.
Sec. 34-83. Impounding abandoned, unlicensed or
inoperable motor vehicles.
Sec. 34-84. Enforcement.
Sec. 34-85. Penalty.
Sec.
34-1. Misdemeanors; use of tobacco
products on city property. (return to ch. 34)
(a) No person shall
use any tobacco products in any city-owned, -leased, or -rented building or
vehicle.
(b) It shall be
unlawful to violate this section. Violation of this section shall constitute an
offense; and upon conviction, such person shall be subject to section 1-9.
(Code 1974, § 6-439; Ord. No. 98-12, § 1, 5-26-1998)
Secs. 34-2--34-30. Reserved. (return to ch. 34)
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*State law references: Authority
to define and abate nuisances, R.R.S. 1943, §§ 16-240, 18-1720; maintaining a
nuisance, R.R.S. 1943, § 28-1321.
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The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
Litter means and includes the following:
(1) Trash, rubbish, refuse,
garbage, paper, rags and ashes.
(2) Wood, plaster, cement
brick or stone building rubble.
(3) Grass, leaves, and
worthless vegetation.
(4) Offal and dead animals.
(5) Any machine or vehicle,
or parts of a machine or vehicle which have lost their identity, character,
utility or serviceability as such through deterioration, dismantling, or the
ravages of time, or are inoperative or unable to perform their intended
functions or are cast-off, discarded or thrown away or left as waste, wreckage
or junk.
Nuisance consists in doing any unlawful act, or
omitting to perform a duty, or suffering or permitting any condition or thing
to be or exist, which act, omission, condition or thing:
(1) Injures or endangers the
comfort, repose, health or safety of others;
(2) Offends decency;
(3) Is offensive to the
senses;
(4) Unlawfully interferes
with, obstructs, tends to obstruct or renders dangerous for passage any stream,
public park, parkway, square, street, or highway in the city;
(5) In any way renders other
persons insecure in life or the use of property; or
(6) Essentially interferes
with the comfortable enjoyment of life and property, or tends to depreciate the
value of the property of others.
(Code 1974, § 4-501; Ord. No. 2000-26, § 2, 12-12-2000)
Cross references: Definitions generally, §
1-2.
The maintaining, using, placing, depositing, leaving or permitting
of any of the following specific acts, omissions, places, conditions, and
things are nuisances:
(1) Any odorous, putrid,
unsound or unwholesome grain, meat, hides, skins, feathers, vegetable matter,
or the whole or any part of any dead animal, fish or fowl.
(2) Privies, vaults,
cesspools, dumps, pits or like places which are not securely protected from
flies or rats, or which are foul or malodorous.
(3) Filthy, littered or
trash-covered cellars, houseyards, barnyards, stable yards, factory yards, mill
yards, vacant areas in rear of stores, granaries, vacant lots, houses,
buildings, or premises.
(4) Animal manure in any
quantity which is not securely protected from flies and the elements, or which
is kept or handled in violation of any ordinance of the city.
(5) Liquid household waste,
human excreta, garbage, butcher's trimmings and offal, parts of fish or any
waste vegetable or animal matter in any quantity; provided nothing contained in
this subsection shall prevent the temporary retention of waste in receptacles
in a manner provided by the health officer of the city, nor the dumping of
nonputrifying waste in a place and manner approved by the health officer.
(6) Tin cans, bottles, glass,
cans, ashes, small pieces of scrap iron, wire metal articles, bric-a-brac,
broken stone or cement, broken crockery, broken glass, broken plaster, and all
trash or abandoned material, unless they are kept in covered bins or galvanized
iron receptacles.
(7) Trash, litter, rags,
accumulations of barrels, boxes, crates, packing crates, mattresses, bedding,
excelsior, packing hay, straw or other packing material, lumber not neatly
piled, scrap iron, tin or other metal not neatly piled, old automobiles or
parts, or any other waste materials when any of such articles or materials create
a condition in which flies or rats may breed or multiply, or which may be a
fire danger, or which are so unsightly as to depreciate property values in the
vicinity.
(8) Any unsightly building,
billboard or other structure, or any old, abandoned or partially destroyed
building or structure or any building or structure commenced and left
unfinished, which buildings, billboards or other structures are either a fire
hazard, a menace to the public health or safety, or are so unsightly as to
depreciate the value of property in the vicinity.
(9) All places used or
maintained as junkyards, or dumping grounds, or for the wrecking and
dissembling of automobiles, trucks, tractors or machinery of any kind, or for
the storing or leaving of wornout, wrecked or abandoned automobiles, trucks,
tractors or machinery of any kind, or of any of their parts, or for the storing
or leaving of any machinery or equipment used by contractors or builders or by
other persons, which places are kept or maintained so as to essentially interfere
with the comfortable enjoyment of life or property by others, or which are so
unsightly as to tend to depreciate property values in the vicinity.
(10) Stagnant water permitted
or maintained on any lot or piece of ground.
(11) Stockyards, granaries, mills,
pigpens, cattle pens, chicken pens or any other place, building or enclosure,
in which animals or fowl of any kind are confined or on which are stored
tankage or any other animal or vegetable matter, or on which any animal or
vegetable matter including grain is being processed, when such places in which
such animals are confined or such premises on which such vegetable or animal
matter is located are maintained and kept in such a manner that foul and
noxious odors are permitted to emanate from the premises, to the annoyance of
inhabitants of the city, or are maintained and kept in such a manner as to be
injurious to the public health.
(12) All other things
specifically designated as nuisances elsewhere in this Code.
(Code 1974, § 4-502)
The mayor and chief of police of the city are directed to enforce
this Code against all nuisances. The jurisdiction of the mayor, chief of
police, and court shall extend to, and the territorial application of this
chapter shall include, all territory adjacent to the limits of the city within
two miles and all territory within the corporate limits.
(Code 1974, § 4-503)
State law references: Similar
provisions, R.R.S. 1943, § 18-1720.
Sec.
34-34. Air pollution prohibited. (return
to ch. 34)
It shall be unlawful for any person to permit the emission of
smoke from any source that is injurious or offensive to the residents of the
city in the judgment of the board of health. Air shall be considered to be
polluted when the discharge into the open air of dust, fumes, gases, mist,
odors, smoke or any combination of such materials is of such character and in a
quantity which to any group of persons interferes with their health, repose or
safety, or causes severe annoyance or discomfort or is offensive and
objectionable to normal persons and causes injury to real and personal property
of any kind. The standards for air pollution established or adopted by the
state shall be presumptive evidence as to when the air is deemed to be polluted
under this section. It is unlawful for any person to permit or cause the escape
of such nuisances; and the escape of dust, fumes, gases, mists, odors and smoke
is declared to be a nuisance and shall be summarily abated upon written notice
by the board of health to the violator. Such abatement may be in addition to
the penalty for air pollution in the city.
(Code 1974, § 4-504)
Sec.
34-35. Noxious use of building or
premises. (return to ch. 34)
It shall be unlawful for any person to use a building or premises
in any part of the city for any trade, industry or other purpose that is
detrimental to the public health, safety and welfare. Such a noxious or
offensive use is declared to constitute a public nuisance.
(Code 1974, § 4-505)
Sec.
34-36. Water pollution prohibited. (return
to ch. 34)
It shall be unlawful for any person to obstruct or impede without
legal authority any river or collection of water, or to corrupt and render
unwholesome or impure any watercourse, stream or other water. The standards for
water quality established or adopted by the state shall be presumptive evidence
as to when the water is deemed to be polluted under this section. Such a
corruption of the water in or about the city shall constitute a nuisance and
shall be summarily abated upon written notice to the violator by the board of
health. The abatement may be in addition to the penalty for water pollution.
(Code 1974, § 4-506)
Sec.
34-37. Noxious substances prohibited. (return
to ch. 34)
It shall be unlawful for any person to deposit or permit the
accumulation of any foul, decaying or rotting substance, including stagnant
water, in or upon any lot, street, public way or private property in the city.
It shall be also unlawful to permit the overflow of any foul liquids to the
extent that they may be hazardous to the public health or a source of
discomfort to persons living or passing in the vicinity. Such noxious
substances constitute a nuisance and shall be removed or otherwise made safe
and inoffensive for the residents of the city upon the written notice of the
board of health. The notice shall allow five days to remove the nuisance. At
the expiration of that date, the property owner shall be deemed to be guilty of
a misdemeanor if he has failed, neglected or refused to remove the nuisance.
(Code 1974, § 4-507)
Sec.
34-38. Nuisances; adjoining landowners;
intervention before trial. (return to ch. 34)
In cases of appeal from an action of the council condemning real
property as a nuisance or as dangerous under the police powers of the city, the
owners of the adjoining property may intervene in the action at any time before
trial.
(Code 1974, § 4-508)
State law references: Similar
provisions, R.R.S. 1943, § 19-710.
Sec.
34-39. Nuisance; duty of owner or
occupant. (return to ch. 34)
(a) The owner or
occupant of any lot or piece of ground within the municipality shall:
(1) Drain or fill such lot or
piece of ground so as to prevent stagnant water or any other nuisance from
accumulating thereon.
(2) Keep the lot or piece of
ground and the adjoining streets and alleys to the center thereof free of any
growth of 12 inches or more in height of weeds, grasses or worthless
vegetation.
(3) Prevent the throwing,
depositing or accumulation of litter on any lot or piece of ground within the
municipality; provided that grass, leaves and worthless vegetation may be used
as a ground mulch or in a compost pile.
(4) Refrain from maintaining
a disorderly house as defined by this Code.
(b) Any owner or
occupant who fails to abate a nuisance shall, upon conviction, be guilty of a
misdemeanor and be fined no less than $100.00 and no more than $500.00. Each
day a violation continues shall constitute a separate offense.
(Ord. No. 2000-26, § 1, 12-12-2000)
Before the municipality may act to abate and remove such nuisance,
notice to abate and remove such nuisance shall be given to each owner or
owner's duly authorized agent and to the occupant, if any, by personal service
or certified mail. Within five days of receipt of such notice, if the owner or
occupant of the property does not request a hearing with the city or fails to
comply with the order to abate and remove the nuisance, the city may have such
work done and may levy and assess the costs and expenses of the work upon the
property so benefitted in the same manner as other special taxes for
improvements are levied and assessed.
(Ord. No. 2000-25, § 1, 12-12-2000)
State law references: Similar
provisions, R.R.S 1943, § 16-230.
Secs. 34-41--34-60. Reserved. (return to ch. 34)
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*Cross references: Vegetation,
ch. 86.
State law references: Noxious
Weed Control Act, R.R.S. 1943, § 2-945.01 et seq.; authority to require owners
and occupants of land to keep lots free of growth of 12 inches or more in
height, R.R.S. 1943, § 16-230.
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Sec.
34-61. Growth permitted; control and
maintenance. (return to ch. 34)
(a) It shall be the
duty of each owner, agent, occupant or person in possession, charge or control
of any lot, tract or parcel of land in the city to cut and remove from such
lot, tract, or parcel of land, together with half of the abutting streets or
alleys, all weeds and other rank growth of vegetation 12 inches in height or
greater. Such weeds and other rank growth of vegetation shall be cut as close
to the ground level as possible and shall be maintained as close to the ground
level as possible throughout the period of May 1 to October 15 of each year.
Growing or permitting the growing of weeds or other rank growth of vegetation
in violation of this subsection is a nuisance and is prohibited.
(b) It shall be
unlawful for any owner, agent, occupant or person in possession, charge or
control of any premises described in subsection (a) of this section to allow to
grow or to maintain any weeds or other rank growth of vegetation 12 inches in
height or greater so as to be injurious to the public health, declared to be
noxious by the state, conducive to fires or combustion, or creating a nuisance.
(c) The superintendent
of public works shall cause to be published in a legal newspaper of general
circulation throughout the city for one time at least ten days before May 1,
and on any other date designated by resolution of the council, a general notice
to owners, agents, occupants or persons in possession, charge or control of
real estate within the city to cut and remove weeds and other rank growth of
vegetation from such premises. The notice shall specify that the weeds and
other rank growth of vegetation shall be cut as close to the ground level as
possible throughout the period of May 1 to October 15.
(d) The public works
superintendent is authorized and empowered to notify, in writing, the owner,
agent, occupant or person in possession, charge or control of any such lot,
place or area within the city to cut, destroy and remove any such weeds, grass
or deleterious unhealthful growths, or other noxious matter, found growing, lying
or located on such property. Such notice shall be by United States mail,
postage prepaid, addressed to such owner, agent, occupant or person at his last
known address, or shall be served personally.
(e) Upon the failure,
neglect or refusal of any such owner, agent, occupant or person in possession
so notified to cut, destroy and remove such weeds, grass or deleterious
unhealthful growths, or other noxious matter, growing, lying or located upon
such property, within five days after personal service of the written notice
provided for in subsection (d) of this section or within seven days after the
mailing date of such notice, the public works superintendent is authorized and
empowered to pay for the cutting, destroying and removal of such weeds, grass
or deleterious unhealthful growths or other noxious matter, or to order the
removal by the city. The cost of any such cutting, destroying or removing shall
be at the expense of the owner, agent, occupant or person in possession, charge
or control of such property.
(f) If the costs of
cutting, destroying or removing weeds and other rank growth of vegetation and
costs of removing any refuse, debris or other obstructions to permit such
cutting are unpaid for two months, the city clerk shall certify to the county
treasurer the amount of such expense; and such expense shall become a lien on
the property upon which the removal measures were taken as a special assessment
levied on the date of such measures. The county treasurer shall add such
expense to and it shall become and form a part of the taxes on such land and
shall bear interest at the same rate as taxes. Nothing contained in this
section shall be construed to limit satisfaction of the obligation imposed by
this section in whole or in part by tax foreclosure. The expense may be
collected by suit instituted for the purpose as a debt due the city or by any
other or additional remedy otherwise available. Amounts collected under this
section shall be paid over to the city treasurer.
(Code 1974, § 6-429)
Secs. 34-62--34-80. Reserved. (return to ch. 34)
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*Editor's note: Ord. No. 2000-24, §§ 1-5
adopted Dec. 12, 2000 amended provisions formerly set out as ch. 34, art. II,
div. 3. in its entirety to read as herein set out. Prior to amendment, div. 3,
§ 34-81, pertained to junked or inoperable motor vehicles and derived from the
1974 Code, § 6-431; and Ord. No. 97-12, § 1, adopted June 24, 1997.
Cross references: Junkyards, § 22-151 et
seq.
State law references: Abandoned
motor vehicles, R.R.S. 1943, § 60-1901 et seq.
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The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
Abandoned vehicle means any motor vehicle
left unattended:
(1) With no number plates affixed
thereto, if so required by law, for more than eight hours on any public
property.
(2) For more than 72 hours,
after the parking of such vehicle shall become illegal, if left on a portion of
a public property on which parking is legally permitted.
(3) For more than seven days
on private property if left initially without permission of the owner, or after
the permission of the owner has been terminated.
Hobbyist permit means a permit issued by
the municipality to allow the storage or parking of an unlicensed or inoperable
motor vehicle for a period not to exceed six months on private property for
restoration purposes.
Inoperable motor vehicle
means any motor vehicle on which the engine, wheels or tires or other parts
have been removed, altered damaged or otherwise so treated or allowed to
deteriorate that the motor vehicle is incapable of being driven under its own
motor power. Such presumption may be rebutted only by showing that the motor
vehicle is capable of being driven under its own power.
Public property means any public
right-of-way, street or highway, alley, park or other state, county, or
municipally owned property.
Unlicensed motor vehicle
means any motor vehicle required to be licensed that does not have lawfully
affixed thereto an unexpired license plate. Private property means any which is
not included in public property as defined in this section.
(Ord. No. 2000-24, § 1, 12-12-2000)
Sec.
34-82. Misdemeanor; abandoned,
unlicensed or inoperable motor vehicles prohibited. (return
to ch. 34)
(a) No person shall
park, store, leave or permit the parking, storing or leaving of any abandoned,
unlicensed or inoperable motor vehicle upon any private property within the
city for a period of time in excess of 20 days or on public property for longer
than 48 hours. This section shall not apply to any motor vehicle upon private
property which is enclosed within a building or whose owner possesses a valid
hobbyist permit. This section shall not apply to any motor vehicle held in
connection with a business enterprise lawfully licensed by the city and
property operated in the appropriate business zone pursuant to law.
(b) No person shall
leave any abandoned vehicle on any street or highway within the city or on
public property within the corporate limits, provided, abandoned, unlicensed or
inoperable motor vehicles may be left at a place operated by the city for
impounded vehicles in accordance with the rules and regulations governing such
properties.
(Ord. No. 2000-24, § 2, 12-12-2000)
Sec.
34-83. Impounding abandoned, unlicensed
or inoperable motor vehicles. (return to ch. 34)
The city, by its agents, is hereby authorized to remove or have
removed any vehicle left within the city corporate limits which reasonably
appears to be in violation of this division or is lost, stolen or unclaimed.
Such vehicle shall be impounded until lawfully claimed or disposed of in
accordance with the laws of the state. Provided, however, that any vehicle left
at any place other than on public property shall not be removed and impounded
as provided for in this section until notice shall have been given that the
city shall remove the vehicles from the property after five days from the date
of notice. Such notice shall be given by any of the following methods:
(1) Affixing written notice
on such vehicles;
(2) Sending notice by mail to
the owner of such vehicle at his last known address if the owner is reasonably
ascertainable;
(3) By sending notice by mail
to the person owning or occupying the property on which such vehicle is
located; or
(4) By notifying the owner of
the vehicle or owner or occupant of the property in person.
Any city police officer or city public safety employee may enter
upon private property at all reasonable hours for the purpose of inspecting
such vehicle, posting notice thereon, and removing and impounding such
vehicles.
(Ord. No. 2000-24, § 3, 12-12-2000)
It shall be unlawful for any person to prevent any police officer
or public safety employee from entering upon private property for purposes of
carrying out their duties hereunder or to interfere with them in the lawful
performance of their duties under the provisions of this section.
(Ord. No. 2000-24, § 4, 12-12-2000)
Any person violating the provisions of this division shall be
guilty of a misdemeanor, and shall, upon conviction thereof, be fined in a sum
of not less than $25.00 and not to exceed $100.00.
(Ord. No. 2000-24, § 5, 12-12-2000)
