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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.

   
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
    Div. 2.  Sexual Assault, §§ 14-25--14-40
Art.   III. Offenses Against Property, §§ 14-41--14-85
    Div. 1.  Generally, §§ 14-41--14-50
    Div. 2.  Theft and Related Offenses, §§ 14-51--14-70
    Div. 3.  Trespass, §§ 14-71--14-85
Art.   IV. Offenses Involving Fraud, §§ 14-86--14-120
    Div. 1.  Generally, §§ 14-86--14-105
 

  Div. 2.  Identification Numbers, §§ 14-106--14-120

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
    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
    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
   

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. 14-5.  Obedience to law enforcement officers.

 

Any person who knowingly fails or refuses to obey any lawful order of any law enforcement officer shall be guilty of an offense.

 

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. 14-177.  Refusal to sign a citation.

 

It shall be an offense for any person charged with any violation of this code to refuse to sign the citation. 

 

Source:  Ord. No. 4736, § 1, 5-3-04

 

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. 14-213.  Proof of possession of gambling device.

 

Proof of possession of any gambling device shall be prima facie evidence of possession thereof with knowledge of its contents and character.

State law reference--Similar provisions, R.R.S. 1943, 28-1109.

 

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 discharge permissible.

 

Permissible fireworks may be discharged, exploded or used in the city on June 25 through and including July 4 of each year; provided, that on such days the discharge and explosion of fireworks shall be permitted during the following times: June 25 through July 3-8:00 a.m. to 11:00 p.m.; July 4-8:00 a.m. to midnight.  The 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 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

 

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, 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 any bleachers or within 20 feet of any bleachers located in a city park or on any city owned property.

 

(b)   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

 

DIVISION 2.  WEAPONS

Sec. 14-236.  Definitions.

 

As used in this article unless the context otherwise requires:

 

Fugitive from justice shall mean any person who has fled or is fleeing from any peace officer to avoid prosecution or incarceration for a felony.

 

Knife shall mean any dagger, dirk, knife, or stiletto with a blade over three and one-half (3 1/2) inches in length, or any other dangerous instrument capable of inflicting cuts, stabbing, or tearing wounds.

 

Knuckles and brass or iron knuckles shall mean any instrument that consists of finger rings or guards made of a hard substance and that is designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with a fist enclosed in the knuckles.

 

Machine gun shall mean any firearm, whatever its size and usual designation, that shoots automatically more than one shot, without manual reloading, by a single function of the trigger.

 

Short rifle shall mean a rifle having a barrel less than sixteen (16) inches long or an overall length of less than twenty-six (26) inches.

 

Short shotgun shall mean a shotgun having a barrel or barrels less than eighteen (18) inches long or an overall length of less than twenty-six (26) inches.

State law reference--Similar provisions, R.R.S. 1943, 28-1201.

 

Sec. 14-237.  Carrying concealed weapons.

 

(a)   Except as provided in subsection (b) of this section, any person who carries a weapon concealed on or about his or her person such as a revolver, pistol, firearm, bowie knife, dirk or knife with a blade attachment, brass or iron knuckles, blowguns, blowpipes, blowtubes, or any other deadly weapon, commits the offense of carrying concealed weapons.

 

(b)   It shall be an affirmative defense that the defendant was engaged in any lawful business, calling or employment at the time he or she was carrying any weapon, and the circumstances in which such person was placed at the time were such as to justify a prudent person in carrying the weapon, for the defense of his or her person, property or family.

 

(c)    Wherever the term "firearm" is used in this section, the term shall mean any instrument used for 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.

 

(d)    This section does not apply to a person who is the holder of a valid permit issued under the Concealed Handgun Permit Act if the concealed weapon the person is carrying is a handgun as defined in section 69-2429 of the Nebraska Revised Statutes and said handgun is being carried in compliance with the provisions of the Concealed Handgun Permit Act. 

 

Source:  Code 1962, § 6-8-2; Ord. No. 4749, § 1, 7-19-04; Ord. No. 5063, § 1, 04-06-09

State law reference--Similar provisions, R.R.S. 1943, 28-1202.

 

Sec. 14-238.  Carrying explosives, dangerous weapons, etc.

 

(a)   It is unlawful for any person to carry on or about his or her person within any public park, public property or any public building owned or controlled by the city any firearm or explosive device or any other dangerous weapon; provided, however, this shall not apply to any duly authorized law enforcement officer or any person engaged in a lawful business or employment justifying the carrying of such firearm, explosive device or dangerous weapon, and, shall not apply to the use of firearms by persons using the same upon shooting ranges constructed for such purpose.

 

(b)   Nothing contained herein shall prohibit the public exhibition or display of firearms or explosive devices in a public building with the permission of the council.

 

(c)   Wherever the term “firearms” is used in this section, the term shall mean any instrument used for 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, 6-8-5; Ord. No. 5063, § 2, 04-06-09

 

Sec. 14-239.  Unlawful possession of a revolver.

 

(a)   Any person under the age of eighteen (18) years who possesses a pistol, revolver, or any other form of short-barreled hand firearm commits the offense of unlawful possession of a revolver.

 

(b)   The provisions of this section shall not apply to the issuance of such firearms to members of the armed forces of the United States, active or reserve, National Guard of this state, or Reserve Officers Training Corps, when on duty or training, or to the temporary loan of pistols, revolvers, or any other form of short-barreled firearms for instruction under the immediate supervision of a parent or guardian or adult instructor.

State law reference--Similar provisions, R.R.S. 1943, 28-1204.

 

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. 14-241.  Failure to notify sheriff of sale of tranquilizer guns.

 

(a)   Any person, partnership or corporation selling any gun or other device as described in section 14-240 who fails to immediately notify the sheriff of the county of the sale and giving the name and address of the purchaser thereof and the make and number of the gun or device, commits the offense of failure to notify the sheriff of the sale of tranquilizer guns.

 

(b)   The sheriff shall keep a record of such sale with the information furnished him.

 

(c)   Failure to notify the sheriff of the sale of tranquilizer guns is an offense.

State law reference--Similar provisions, R.R.S. 1943, 28-1216.

 

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 permit issued by the council for shooting in fixed localities and under specified rules.  Such permits shall be in writing attested by the clerk conforming to such requirements as the council shall demand, and the permit thus issued shall be subject to revocation at any time by action of the council.

 

(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

 

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 director or designate 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 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 a copy thereof personally or by leaving the same at his residence.  If the owner shall not reside within the city, the notice may be served by delivering a copy to his 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.

 

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

 

The public information contained herein is furnished as a public service by the City of Norfolk. The official record is maintained by the City Clerk's Office as required by Neb. Rev. Stat. § 16-317. A printed version of the Norfolk Municipal Code is available at the City Clerk's Office and the Norfolk Public Library.

 

The City Clerk's Office may be contacted at (402) 844-2000 or by email bdeck@ci.norfolk.ne.us 

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