City of
WAYNE, NEBRASKA
Sec. 1-1. Designation and citation of Code.
Sec. 1-2. Definitions and rules of construction.
Sec. 1-3. Catchlines of sections; history notes and
references.
Sec. 1-4. Effect of repeal of ordinances.
Sec. 1-5. Severability of parts of Code.
Sec. 1-6. Amendments to Code; effect of new
ordinances; amendatory language.
Sec. 1-7. Supplementation of Code.
Sec. 1-8. Altering Code.
Sec. 1-9. General penalty.
Sec. 1-10. Ordinances not affected by Code.
Sec. 1-1.
Designation and citation of Code.
The ordinances embraced
in the following chapters and sections shall constitute and be designated
"Code of Ordinances, City of Wayne, Nebraska," and may be so cited.
State law
references: Codification
authority, R.R.S. 1943, §§ 16-247, 16-404.
Sec. 1-2. Definitions and rules of construction.
In the construction of
this Code and of all ordinances, the following definitions and rules of
construction shall be observed, unless such construction would be inconsistent
with the manifest intent of the council:
City. The terms "the city" and
"this city" mean the City of Wayne, Nebraska.
Code. The term "Code" means the Code
of Ordinances, City of Wayne, Nebraska, as designated in section 1-1.
Computation of time. Except as may be otherwise more
specifically provided, the period of time within which an act is to be done in
any action or proceeding shall be computed by excluding the day of the act,
event or default after which the designated period of time begins to run. The
last day of the period so computed shall be included unless it is a Saturday, a
Sunday, or a day during which the offices of courts of record may be legally
closed as provided in R.R.S. 1943, § 25-2221, in which event the period shall
run until the end of the next day on which the office will be open.
State law
references: Similar
provisions, R.R.S. 1943, § 25-2221.
Council. The term "council" shall mean
the mayor and council of the City of Wayne, Nebraska, unless otherwise stated.
County. The terms "the county" and
"this county" mean the County of Wayne, Nebraska.
Gender. A word importing the masculine gender
only shall extend and be applied to females and to firms, partnerships and
corporations as well as to males.
May. The term "may" is always
permissive and never mandatory.
Number. Words used in the singular include the
plural, and the plural includes the singular number.
Oath. The term "oath" includes an
affirmation in all cases in which, by law, an affirmation may be substituted
for an oath; and in such cases the terms "swear" and
"sworn" shall be equivalent to the terms "affirm" and
"affirmed."
Officials or officers. Whenever reference is
made to officials, boards, commissions, departments, etc., by title only, i.e.,
"city administrator," "city clerk," "chief of
police," etc., such references refer to the officials, boards, commissions
and departments of the City of Wayne, Nebraska.
Or; and. The term "or" may be read
"and," and "and" may be read "or" if the sense
requires it.
Person. The term "person" shall extend
and be applied to firms, partnerships, associations, organizations, and bodies
politic and corporate, or any combination, as well as to individuals.
R.R.S. 1943. The abbreviation "R.R.S. 1943"
means and refers to the Reissue Revised Statutes of Nebraska, as amended.
Shall. The term "shall" is mandatory
and never permissive.
Signature and subscription. The terms
"signature" and "subscription" include a mark when the
person cannot write.
State. The terms "the state" and
"this state" mean the State of Nebraska.
Street. The term "street" shall embrace
streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other
public streets and ways in the city and shall embrace all parts constituting
the designated right-of-way, unless otherwise stated.
Tense. Words used in the past or present tense
include the future as well as the past and present.
Written and in writing. The terms
"written" and "in writing" include any representation of
words, letters or figures, by printing or otherwise.
Sec. 1-3.
Catchlines of sections; history notes and references.
(a) The catchlines of sections of this Code
printed in boldface type, italics or otherwise are intended as mere catchwords
to indicate the contents of the section, and shall not be deemed or taken to be
titles of such sections, or any part of the section, nor, unless expressly so
provided, shall they be so deemed when any of such sections, including the
catchlines, are amended or reenacted.
(b) The history notes appearing in
parentheses after each section and the references and editor's notes scattered
throughout the Code are for the benefit of the user of the Code and shall have
no legal effect.
Sec. 1-4.
Effect of repeal of ordinances.
The repeal of an
ordinance shall not revive any ordinances in force before or at the time the
ordinance repealed took effect. The repeal of an ordinance shall not affect any
punishment or penalty incurred before the repeal took effect, or any suit,
prosecution or proceeding pending at the time of the repeal, for an offense
committed under the ordinance repealed.
Sec. 1-5.
Severability of parts of Code.
It is declared to be the
intention of the council that the sections, paragraphs, sentences, clauses and
phrases of this Code are severable; and if any phrase, clause, sentence,
paragraph or section of this Code shall be declared unconstitutional by the
valid judgment or decree of a court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and sections of this Code.
Sec. 1-6.
Amendments to Code; effect of new ordinances; amendatory language.
(a) All ordinances passed subsequent to this
Code of Ordinances which amend, repeal or in any way affect this Code of
Ordinances may be numbered in accordance with the numbering system of this Code
and printed for inclusion in the Code. When subsequent ordinances repeal any
chapter, section or subsection or any portion, such repealed portions may be
excluded from the Code by their omission from reprinted pages.
(b) Amendments to any of the provisions
of this Code should be made by amending such provisions by specific reference
to the section of this Code in substantially the following language: "That
section ________ of the Code of Ordinances, City of Wayne, Nebraska, is amended
to read as follows: (Set out new provisions in full)."
(c) When the council desires to enact an
ordinance of a general and permanent nature on a subject not heretofore
existing in the Code, which the council desires to incorporate into the Code, a
section in substantially the following language shall be made a part of the
ordinance: "Section ________. It is the intention of the council, and it
is hereby ordained, that the provisions of this ordinance shall become and be
made a part of the Code of Ordinances, City of Wayne, Nebraska, and the
sections of this ordinance may be renumbered to accomplish such
intention."
(d) All sections, articles, chapters or
other provisions of this Code desired to be repealed should be specifically
repealed by section or chapter number, as the case may be.
Sec. 1-7.
Supplementation of Code.
(a) By contract or by city personnel,
supplements to this Code shall be prepared from time to time. A supplement to
the Code shall include all substantive, permanent and general parts of
ordinances passed by the council during the period covered by the supplement
and all changes made by the supplement in the Code. The pages of a supplement
shall be so numbered that they will fit properly into the Code and will, where
necessary, replace pages that have become obsolete or partially obsolete; and
the new pages shall be so prepared that, when they have been inserted, the Code
will be current through the date of the adoption of the latest ordinance
included in the supplement.
(b) In preparing a supplement to this Code,
all portions of the Code which have been repealed shall be excluded from the
Code by their omission from reprinted pages.
(c) When preparing a supplement to this
Code, the codifier (meaning the person authorized to prepare the supplement)
may make formal, nonsubstantive changes in ordinances and parts of ordinances
included in the supplement, insofar as it is necessary to do so to embody them
into a unified code. For example, the codifier may:
(1)Organize the ordinance material into
appropriate subdivisions.
(2)Provide appropriate catchlines, headings and
titles for sections and other subdivisions of the Code printed in the
supplement, and make changes in such catchlines, headings and titles.
(3)Assign appropriate numbers to sections and
other subdivisions to be inserted in the Code and, where necessary to
accommodate new material, change existing section or other subdivision numbers.
(4)Change the words "this ordinance" or
words of the same meaning to "this chapter," "this
article," "this division," etc., as the case may be, or to
"sections ________ to ________" (inserting section numbers to
indicate the sections of the Code which embody the substantive sections of the
ordinance incorporated into the Code).
(5)Make other nonsubstantive changes necessary to
preserve the original meanings of ordinance sections inserted into the Code,
but in no case shall the codifier make any change in the meaning or effect of
ordinance material included in the supplement or already embodied in the Code.
Sec. 1-8.
Altering Code.
It shall be unlawful for
any person in the city to change or amend, by additions or deletions, any part
or portion of this Code, or to insert or delete pages or portions of pages, or
to alter or tamper with such Code in any manner whatsoever which will cause the
law of the city to be misrepresented. Any person violating this section shall
be punished as provided in section 1-9.
State law
references: Abuse of
records prohibited, R.R.S. 1943, § 28-911.
Sec. 1-9.
General penalty.
Whenever in this Code or
in any ordinance of the city any act is prohibited or is made or declared to be
unlawful or an offense, or whenever in such Code or ordinance the doing of any
act is required or the failure to do any act is declared to be unlawful, where
no specific penalty is provided, such violation of any such provision of this
Code or any ordinance shall be punishable by a fine not exceeding $500.00. Each
day that a violation continues shall constitute a separate violation.
(Code 1974, § 12-101)
Sec. 1-10.
Ordinances not affected by Code.
Nothing in this Code or
the ordinance adopting this Code shall be construed to repeal or otherwise
affect the validity of any of the following:
(1)Any offense or act committed or done or any
penalty or forfeiture incurred or any contract or right established or accruing
before the effective date of this Code.
(2)Any ordinance or resolution promising or
guaranteeing the payment of money for the city or authorizing the issuance of
any bonds of the city or any evidence of the city's indebtedness.
(3)Any contract or obligation assumed by the city.
(4)Any ordinance fixing the salary of any city
officer or employee.
(5)Any right or franchise granted by the city.
(6)Any ordinance dedicating, naming, establishing,
locating, relocating, opening, widening, paving, etc., any street or public way
in the city.
(7)Any appropriation ordinance.
(8)Any ordinance which, by its own terms, is
effective for a stated or limited term.
(9)Any ordinance providing for local improvements
and assessing taxes for such improvements.
(10)Any zoning map amendment or zoning ordinance.
(11)Any ordinance dedicating or accepting any
subdivision plat.
(12)Any ordinance describing or altering the
boundaries of the city.
(13)The administrative ordinances or resolutions of
the city not in conflict or inconsistent with the provisions of this Code.
(14)Any ordinance levying or imposing taxes not
included in this Code.
(15)Any ordinance establishing or prescribing
street grades in the city.
(16)Any ordinance setting fees, rates or charges
and not included in this Code.
No
such ordinance shall be construed to revive any ordinance or part of an
ordinance that has been repealed by a subsequent ordinance which is repealed by
this chapter; and all such ordinances are recognized as continuing in full
force and effect to the same extent as if set out at length in this Code.
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