Chapter 58 OFFENSES AND MISCELLANEOUS PROVISIONS*

It shall be unlawful for any person to assemble or gather within the city with the intent to do an unlawful or disorderly act against the city or its residents, or who shall disturb the public peace and quiet. Any persons so assembled or gathered shall be deemed to be guilty of a misdemeanor.

(Code 1974, � 6-419)

State law references: Disturbing the peace, R.R.S. 1943, � 28-1322.

Sec. 58-62.� Failure to disperse. (return to ch. 58)

(a)�� Whenever a police officer has probable cause to believe that a person or persons are creating a disturbance of the peace and quiet of any person or neighborhood, such police officer may order said person or persons not residing on the premises to disperse for the purpose of abating said disturbance.

(b)�� It shall be unlawful for any person to refuse to comply with a lawful order to disperse given by a police officer in the performance of the officer's duties and, upon conviction, shall be charged $25.00 for a first offense and not more than $100.00 for each subsequent offense.

(Ord. No. 2000-27, � 1, 12-12-2000)

Sec. 58-63.� Disorderly house. (return to ch. 58)

The term "disorderly house" as used in this section shall be deemed to be any room, house, building, structure or premises where unlawful or illegal acts are being committed. It shall be unlawful for the owner, lessee, or proprietor of any room, house, building, structure or premises to knowingly collect or permit to be collected therein persons who are engaging in any unlawful act, or to knowingly make, cause, permit, or suffer to be made therein any loud or improper noise to the annoyance or disturbance of any person or neighborhood.

(Ord. No. 2000-27, � 2, 12-12-2000)

Secs. 58-64--58-90.� Reserved. (return to ch. 58)

ARTICLE IV.� OFFENSES AGAINST PROPERTY* (return to ch. 58)

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*State law references: Offenses against property, R.R.S. 1943, � 28-501 et seq.

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Sec. 58-91.� Trespassing. (return to ch. 58)

It shall be unlawful for any person to trespass upon any private grounds within the city; or to break, cut or injure any tree, shrub, plant, flower or grass growing on private grounds; or without the consent of the owner or occupant to enter upon an improved lot or grounds occupied for residence purposes and to loiter about those grounds.

(Code 1974, � 6-403)

State law references: Criminal trespass, R.R.S. 1943, �� 28-520--28-522.

Sec. 58-92.� Malicious destruction of property. (return to ch. 58)

It shall be unlawful for any person within the corporate limits to intentionally, recklessly, willfully or maliciously injure in any manner, or destroy any real or personal property of any description belonging to another or intentionally or maliciously causes another to suffer a pecuniary loss by deception or threat of $100.00 or less.

(Code 1974, � 6-404)

State law references: Criminal mischief, R.R.S. 1943, � 28-519.

Sec. 58-93.� Injury to trees. (return to ch. 58)

It shall be unlawful for any person to purposely or carelessly, and without lawful authority, cut down, carry away, injure, break down or destroy any fruit, ornamental, shade or other tree standing or growing on any land belonging to another person or on any public land in the corporate limits. Any person desiring to trim or cut down any tree, except on property owned and controlled by such person, shall make an application to the council to do so; and the written permit of the council in accordance with their decision to allow such an action shall constitute the only lawful authority on the part of the person to do so.

(Code 1974, � 6-406)

Cross references:� Vegetation, ch. 86.

Sec. 58-94.� Littering. (return to ch. 58)

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

(1) Such property is an area designated by law for the disposal of such material and such person is authorized by the proper public authority to so use such property; or

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

(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.

(Code 1974, � 6-407)

State law references: Littering, R.R.S. 1943, � 28-523.

Sec. 58-95.� Prohibited fences. (return to ch. 58)

It shall be unlawful for any person to erect or cause to be erected and maintain any barbed wire or electric fence within the corporate limits.

(Code 1974, � 6-424)

Sec. 58-96.� Advertising. (return to ch. 58)

(a)�� Utility poles. It shall be unlawful for any person to leave or place upon or against any telegraph, telephone or electric light pole or electric light standard within the city any advertisement of any character or description.

(b)�� Public ways. It shall be unlawful for any person to paint, print or post or in any manner place or replace upon any sidewalk, crossing, crosswalk or other way of passage for use of pedestrians or upon any street in the city any placard, sign, advertisement, display bill, letter, or kindred matter of any kind or description, unless such person obtains prior approval of the council.

(Code 1974, �� 10-211, 10-212)

State law references: Authority to regulate the use of streets, sidewalks and public grounds for signs, posting of handbills, etc., R.R.S. 1943, � 16-210.

Secs. 58-97--58-130.� Reserved. (return to ch. 58)

ARTICLE V.� OFFENSES AGAINST PUBLIC HEALTH AND SAFETY* (return to ch. 58)

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*Cross references:� Health and sanitation, ch. 42.

State law references: Offenses against public health and safety, R.R.S. 1943, � 28-1201 et seq.

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Sec. 58-131.� Discharge of firearms. (return to ch. 58)

It shall be unlawful for any person, except an officer of the law in the discharge of his official duty, to fire or discharge any gun, pistol or other fowling piece within the city; however, nothing in this section shall be construed to apply to officially sanctioned public celebrations if the persons so discharging firearms have written permission from the council.

(Code 1974, � 6-414)

State law references: Authority to prevent the discharge of firearms, R.R.S. 1943, � 16-227.

Sec. 58-132.� Concealed weapons. (return to ch. 58)

It shall be unlawful for any person to carry about his person any concealed pistol, revolver, knife, billy club, slingshot, metal knuckles, or other dangerous weapon of any kind. Nothing in this section shall be construed to apply to the city police.

(Code 1974, � 6-415)

State law references: Authority to prevent the carrying of concealed weapons, R.R.S. 1943, � 16-227; carrying concealed weapon, R.R.S. 1943, � 28-1202.

Sec. 58-133.� Slingshots, airguns and BB guns. (return to ch. 58)

It shall be unlawful for any person to discharge a slingshot, airgun, BB gun, or the like loaded with rock or other dangerous missiles at any time or under any circumstances within the city.

(Code 1974, � 6-416)

State law references: Authority to prevent the discharge of weapons, R.R.S. 1943, � 16-227.

Sec. 58-134.� Skateboards, scooters, tricycles and in-line skates. (return to ch. 58)

It shall be unlawful for any person to operate or for any parent to allow a minor to operate any skateboard, scooter, tricycle or in-line skates, not including bicycles or any vehicle covered in the motor vehicle code, on any street within the city or on any sidewalk within fire limit 1 of the city.

(Code 1974, � 6-430)

State law references: Authority to regulate persons on skates, coasters, sleds and other toy vehicles, R.R.S. 1943, � 6-680(1)(t).

Sec. 58-135.� Permitted fireworks. (return to ch. 58)

(a)�� It shall be unlawful for any person to ignite or cause to be exploded fireworks or firecrackers of any description whatsoever, except sparklers, vesuvius fountains, spray fountains, torches, color fire cones, star and comet type color aerial shells without explosive charges for the purposes of making a noise, color wheels, ladyfingers, not exceeding seven-eighths inch in length or one-eighth inch in diameter, and which do not contain more than 50 milligrams each in weight of explosive material.

(b)�� The provisions of this section shall not apply to any fireworks to be used for the purpose of public exhibitions or display under authorization of the council or to fireworks furnished for agricultural purposes pursuant to written authorization from the state fire marshal.

(Code 1974, � 10-459)

State law references: Unlawful throwing of fireworks, R.R.S. 1943, � 28-1242; fireworks display, R.R.S. 1943, � 28-1239.01.

Sec. 58-136.� Public urination prohibited. (return to ch. 58)

It shall be unlawful for any person to urinate upon any public street, right-of-way, sidewalk, alley, city park or upon any private yard, driveway, parking area or porch or other privately owned property within public view. This section shall not prohibit use of public restroom facilities or temporary restroom facilities installed or placed on public or private property.

(Ord. No. 98-22, � 1, 12-8-1998)

Secs. 58-137--58-170.� Reserved. (return to ch. 58)

ARTICLE VI.� OFFENSES AGAINST GOVERNMENTAL FUNCTION* (return to ch. 58)

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*Cross references:� Administration, ch. 2.

State law references: Offenses against effectiveness of government operation, R.R.S. 1943, � 28-901 et seq.

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Sec. 58-171.� Impersonating an officer. (return to ch. 58)

It shall be unlawful for any person other than a city or state police officer or sheriff to wear an official badge or uniform, or to falsely and willfully impersonate such officials.

(Code 1974, � 6-401)

State law references: Similar provisions, R.R.S. 1943, � 28-610.

Sec. 58-172.� Resisting arrest without the use of a deadly or dangerous weapon. (return to ch. 58)

(a)�� It shall be unlawful for any person to intentionally prevent or attempt to prevent a peace officer, acting under color of his official authority, from effecting an arrest on such person or on another, by:

(1) Using or threatening to use physical force or violence against the peace officer or another;

(2) Using any other means which creates a substantial risk of causing physical injury to the peace officer or another; or

(3) Employing means which require substantial force to overcome resistance to effecting the arrest;

however, this section shall apply only to those actions taken to resist arrest without the use of a deadly or dangerous weapon.

(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.

(Code 1974, � 6-436)

State law references: Similar provisions, R.R.S. 1943, � 28-904.

Sec. 58-173.� Obstructing a peace officer. (return to ch. 58)

It shall be unlawful for any person to, by using or threatening to use violence, force, physical interference, or obstacle, intentionally obstruct, impair or hinder the enforcement of the penal law or the preservation of the peace by a peace officer or judge acting under color of his official authority.

(Code 1974, � 6-437)

State law references: Resisting arrest, R.R.S. 1943, � 28-904.

Sec. 58-174.� False reporting. (return to ch. 58)

It shall be unlawful for any person to furnish information:

(1) He knows to be false to any peace officer or other official with the intent to instigate an investigation or an alleged criminal matter or impede the investigation of an actual criminal matter;

(2) He knows to be false alleging the existence of an emergency in which human life or property are in jeopardy to any hospital, ambulance company, or other person or governmental agency which deals with emergencies involving danger to life or property;

(3) Or cause such information to be furnished or conveyed by electric, electronic, telephonic or mechanical means, knowing the information to be false concerning the need for assistance of a fire department or any personnel or equipment of such department;

(4) He knows to be false concerning the location of any explosive in any building or other property to any person; or

(5) He knows to be false to any governmental agency or department with the intent to instigate an investigation or to impede an ongoing investigation and which actually results in causing or impeding such investigation.

(Code 1974, � 6-438)

State law references: Similar provisions, R.R.S. 1943, � 28-907.

Secs. 58-175--58-200.� Reserved. (return to ch. 58)

ARTICLE VII.� OFFENSES INVOLVING MINORS (return to ch. 58)

Sec. 58-201.� Possession of tobacco. (return to ch. 58)

(a)�� It shall be unlawful for any person under 18 years of age to possess tobacco products. The term "tobacco product" is defined as any substance or product containing tobacco leaf, including but not limited to, cigars, cigarettes, pipe tobacco and all forms of smokeless tobacco as defined by R.R.S. 1943, � 69-1902.

(b)�� This section shall not prohibit any persons from handling or disposing of tobacco products in the course of their employment in grocery stores, convenience stores, restaurants, hotels, or similar businesses; or persons who are authorized under state law to serve, sell or dispense tobacco products in the course of their employment. Whoever shall be guilty of this section shall be fined not less than $50.00 and no more than $100.00.

(Ord. No. 98-21, � 1, 12-15-1998)

State law references: Tobacco use by minors, R.R.S. 1943, � 28-1418.

ARTICLE VIII.� SEXUAL PREDATOR RESIDENCY RESTRICTIONS (return to ch. 58)

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State law reference: The Sexual Predator Residency Restriction Act, Laws 2006, LB 1199, �� 27 to 29; Neb. Rev. Stat. Sec. 29-4003 and Sec. 29-4013

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Sec. 58-202.� Findings and intent.� (return to ch. 58)

�� The Nebraska Legislature has found that certain sex offenders present a high risk to commit repeat offenses and has enabled municipalities to restrict such persons' place of residency as provided in the Sexual Predator Residency Restriction Act.

�� Sex offenders who prey on children and who are high risks to repeat such acts present an extreme threat to public safety.� The cost of sex offender victimization to these children and to society at large, while incalculable, is exorbitant.

�� It is the intent of this ordinance to serve the City's compelling interest to promote, protect and improve the health, safety, and welfare of the citizens of the City by creating certain areas around locations where children regularly congregate in concentrated numbers where certain sexual predators cannot reside.

(Ord. No. 2006-12, �, 5-30-2006)

Sec. 58-203.� Definitions.� For purposes of this ordinance.� (return to ch. 58)

�� Child care facility means a facility licensed pursuant to the Child Care Licensing Act;�

�� School means a public, private, denominational, or parochial school which meets the requirements for state accreditation or approval;

�� Reside means to sleep, live, or dwell at a place, which may include more than one location, and may be mobile or transitory;

�� Residence means a place where an individual sleeps, lives, or dwells, which may include more than one location, and may be mobile or transitory;

�� Sex offender means an individual who has been convicted of a crime listed in Nebr. Rev. Stat. section 29-4003 and who is required to register as a sex offender pursuant to the Sex Offender Registration Act; and

�� Sexual Predator means an individual who is required to register under the Sex Offender Registration Act, who has been classified as Level 3 because of a high risk of recidivism as determined by the Nebraska State Patrol under Nebr. Rev. Stat. section 29-4013, and who has victimized a person eighteen years of age or younger.

(Ord. No. 2006-12, �, 5-30-2006)

Sec. 58-204.� Sexual predator residency restrictions; penalties; exceptions.� (return to ch. 58)

PROHIBITED LOCATION OF RESIDENCE.� It is unlawful for any sexual predator to reside within five hundred (500) feet from a school or child care facility.

MEASURE OF DISTANCE.� For purposes of determining the minimum distance separation, the distance shall be measured by following a straight line from the outer property line of the residence to the nearest outer boundary line of the school or child care facility.

PENALTIES.� A person who violates this section shall be punished as provided generally in the code.

EXCEPTIONS.� This ordinance shall not apply to a sexual predator who:

1) Resides within a prison or correctional or treatment facility operated by the state or a political subdivision;

2) Established a residence before July 1, 2006, and has not moved from that residence;

3) Established a residence after July 1, 2006, and the school or child care facility triggering the restriction was established after the initial date of the sexual predator's residence at that location.

(Ord. No. 2006-12, �, 5-30-2006)

State law reference:� The Sexual Predator Residency Restriction Act, Laws 2006, LB 1199, �� 27 to 29; Neb. Rev. Stat. Sec. 29-4003 and Sec. 29-4013