City of
WAYNE,
NEBRASKA
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*Cross references: Board
of Health, § 2-381 et seq.; Animals, ch. 14; Rabies, § 14-101 et seq.; Buildings
and Building Regulations, ch. 18; Environment, ch. 34; Offenses Against Public Health
and Safety, § 58-131 et seq.; Solid Waste Management, ch. 66; Utilities, ch.
82; Zoning Performance Standards, § 90-5; Performance Standards For Industrial Uses,
§ 90-714.
State law references: Authority
to make regulations to prevent the spread of disease, R.R.S. 1943, § 16-238;
authority to make regulations regarding slaughterhouses, stables, etc., R.R.S.
1943, § 16-240; offenses against public health and safety, R.R.S. 1943, § 28-1201
et seq.
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Article I. In General
Sec. 42-1. Health regulations.
Sec. 42-2. Enforcement official.
Sec. 42-3. Health; state rules.
Sec. 42-4. County health board.
Secs.
42-5--42-40. Reserved.
Article
II. Business Sanitation
Sec. 42-41. Poultry and egg laying.
Secs.
42-42--42-70. Reserved.
Article
III. Rodents and Insects
Sec. 42-71. Extermination.
Sec. 42-72. Occupant.
Sec. 42-73. Owner.
For the purpose of promoting the health and safety of the
residents of the city, the board of health shall adopt such rules and
regulations relative to health and safety and shall make such inspections,
prescribe such penalties, and make such reports as may be necessary toward that
purpose.
(Code 1974, § 4-101)
State law references: Similar
provisions, R.R.S. 1943, § 16-238.
The city police chief shall be the health officer of the city. It
shall be his duty to notify the council of health nuisances and of every case
of contagious, infectious or malignant disease.
(Code 1974, § 4-102)
The "Rules and Regulations Relating to Public Health,"
state department of health and human services, are incorporated by reference
when they are applicable to the city, in their present form and as they may be
amended. One copy of each of the pamphlets is filed at the office of the city
clerk and shall be available for public inspection at any reasonable time.
(Code 1974, § 4-103)
State law references: Authority
to adopt codes by reference, R.R.S. 1943, § 18-132.
It shall be the duty of the board of health to work closely with
the county health board in protecting the health and welfare of the residents
of the city.
(Code 1974, § 4-104)
Secs. 42-5--42-40. Reserved. (return to ch. 42)
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*Cross references: Businesses,
ch. 22.
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(a) The city
administrator shall make and publish regulations for the operation of poultry
and egg laying businesses within the zoning jurisdiction of the city. Such
regulations shall be made so as to:
(1) Eliminate offensive odors
from the operation of such business.
(2) Provide for the orderly
disposal of waste material from such businesses.
(3) Provide for the sanitary
operation of such businesses.
(4) Provide for orderly
inspection to assure that compliance with such regulations is being enforced.
(b) Such regulations
shall be subject to the approval of the council, and a copy of such regulations
or amendments shall be posted in a prominent place in each poultry and egg
laying business within the zoning jurisdiction of the city.
(c) The operation of
any poultry or egg laying business in violation of such regulations shall be
declared a nuisance and may be enjoined from continued operation of such
business.
(Code 1974, § 4-301)
Secs. 42-42--42-70. Reserved. (return to ch. 42)
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*Cross references: Animals,
ch. 14.
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It shall be the duty of the owner, lessee or occupant of any
dwelling or building to be responsible for the active and continued
extermination of any insects, rodents or other pests in or on the premises. If
the owner, lessee or occupant of any dwelling or building neglects, fails or
otherwise refuses to control and actively exterminate the insects, rodents and
other pests in and about his premises, the board of health shall issue notice
for him to do so. If the owner, lessee or occupant has not made a good-faith
effort to exterminate the pests within five days, the premises shall be deemed
to be a nuisance and a health hazard.
(Code 1974, § 4-601)
State law references: Authority
to define and abate nuisances, R.R.S. 1943, § 18-1720.
It shall be the responsibility of the occupant in a
single-dwelling unit, whether or not the dwelling unit is located in a
multiple-unit structure, to exterminate the rodents and insects infesting the
premises when it is found by the board of health that only the occupant's
dwelling is so infested.
(Code 1974, § 4-602)
The owner of a multiple-dwelling unit shall have the duty to
exterminate rodents and insects when infestation exists in two or more units,
when infestation exists in shared or public areas of a multiple-unit structure
when the infestation is due to failure by the owner to maintain the dwelling in
an insectproof and rodentproof condition. The owner of a single-dwelling unit
shall have the duty to exterminate notwithstanding the occupancy of a renter or
lessee when the infestation of insects or rodents is due to the owner's failure
to construct or maintain the premises in such a manner as to make it reasonably
resistant to the entrance and habitability of such pests.
(Code 1974, § 4-603)
