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CHAPTER 1

GENERAL PROVISIONS

§1-1.  How Code Designated and Cited

            All ordinances embraced in the following chapters and sections shall constitute and be designated and cited as the "Grand Island City Code."

 

§1-2.  Definitions and Rules of Construction

            In the construction of this Code and all other ordinances of the City, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the council or the context clearly requires otherwise:

            City. The words "city", "the city," or "this city" shall be construed as if followed by the words "of Grand Island, Nebraska."

            Code. The words "the Code" or "this Code" shall mean "The Grand Island City Code."

            Computation of Time. The time within which an act is to be done is computed by excluding the first day and including the last, unless the last day falls upon any legal holiday or on Saturday, in which case the period runs until the end of the next day.

            Council. Whenever the word "council" is used, it shall be construed to mean the council of the City of Grand Island, Nebraska.

            County. The words "the county" or "this county" shall mean Hall County, Nebraska.

            Day. A day is a 24-hour period of time between any midnight and the following midnight.

            Daytime, Nighttime. "Daytime" is the period of time between sunrise and sunset. "Nighttime" is the period of time between sunset and sunrise.

            Gender. The masculine gender includes the feminine.

            In the City. The words "in the city" shall mean and include all territory over which the city now has or shall hereafter acquire jurisdiction for the exercise of its police powers or other regulatory powers.

            Joint Authority. All words giving joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

            Month. The word "month" shall mean a calendar month.

            Number. The singular number includes the plural and the plural includes the singular.

            Oath. "Oath" includes affirmation.

            Offense. The doing of any act or thing prohibited or the failing to do any act or thing commanded to be done in this Code within the city is hereby declared to be an offense against the public peace, safety, morals, and general welfare of the people of the City.

            Or, And. "Or" may be read "and," and "and" may be read "or," if the sense requires it.

            Owner. The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety of the whole or of a part of such building or land, or vendee in possession under a land sale contract.

            Person. "Person" includes but is not limited to individuals, corporations, associations, firms, partnerships and limited liability companies.

            Preceding, following. The words "preceding" and "following" mean next before and next after, respectively.

            Property. The word "property" shall include real and personal property.

            Public place. The words "public place" shall mean any public place or building or any private place, business or building, open to and frequented by the public.

            Real property. Real property shall mean any estate or interest in land, including all buildings, fixtures and improvements thereon and all rights-of-way, easements, rents, issues, profits, income, tenements, hereditaments, privileges and appurtenances thereunto belonging, used or enjoyed with said land, or any part thereof.

            Shall, may. "Shall" is mandatory and "may" is permissive.

            Signature or subscription by mark. "Signature" or "subscription by mark" includes a mark when the signer or subscriber cannot write, such signer's or subscriber's name being written near the mark by a witness who writes his own name near the signer's or subscriber's name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when one witness shall sign his own name thereto.

            State. The word "the state" or "this state" shall be construed to mean the State of Nebraska.

            Tenant or occupant. The words "tenant" or "occupant," applied to a building or land, shall include any person holding a written or an oral lease of or who occupies the whole or a part of such building or land, either alone or with others.

            To. "To" means "to and including" when used in reference to a series of sections of this Code or when reference is made to the Nebraska Revised Statutes.

            Week. A week consists of seven consecutive days.

            Writing. Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required or authorized by this Code, it shall be made in writing, in the English language, unless it is expressly provided otherwise.

            Year. The word "year" shall mean a calendar year, except where otherwise provided.

Amended by Ordinance No. 9029, effective 03-01-2006

 

§1-3.  Continuations of Existing Ordinances

            The provisions appearing in this Code, so far as they are the same as those of ordinances existing at the time of the effective date of this Code, shall be considered as continuations thereof and not as new enactments.

 

§1-4.  Effect of Repeal of Ordinances

            The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect. The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for any offense committed under the ordinance repealed.

 

§1-5.  Severability of Parts of Code

            It is hereby declared to be the intention of the council that the sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code.

 

§1-6.  Catchlines of Sections

            The catchlines of the several sections of this Code are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or re-enacted.

 

§1-7.  Penalties; Continuing Violations

            (1) In any case where there shall be a violation of any city ordinance for which no penalty is provided, the person violating the same shall be subject to a fine of not less than one dollar nor more than five hundred dollars for each offense. Each day a violation of a continuing nature shall remain in existence shall constitute a separate offense.

            (2) The violation of any City Code provision or ordinance shall be deemed an infraction, and the only violation for which imprisonment may be imposed shall be a violation of §1-8 below, pertaining to the offense of failing to appear.

 

§1-8.  Citation; Failing to Appear; Penalty

            (1) Any person who fails to appear or otherwise comply with the command of a citation shall be guilty of an infraction.

            (2) Any person convicted of violating this section shall be punished by a fine of not more than five hundred dollars or by imprisonment in the county jail for not more than thirty (30) days, or by both such fine and imprisonment.

Amended by Ordinance No. 9029, effective 03-01-2006

 

§1-9.  Aiding, Abetting or Procuring; Penalty

            Whoever aids, abets or procures another to violate a provision of this Code, or whoever is an accessory after the fact to the commission of any such violation shall be deemed guilty of an offense and punished in accordance with §1-7 of this Code.

            An accessory after the fact is a person who, after full knowledge that a violation of this Code has been committed, conceals it from a police officer, or harbors and protects the person charged with or found guilty of a violation of any provision of this Code or state law.

 

§1-10.  Amendments or Additions to Code

            All ordinances of a general and permanent nature, and amendments to such ordinances, enacted or presented to the city council for enactment after the adoption of this Code, shall be drafted, so far as possible, as specific amendments, or additions to the Grand Island City Code. Amendments to this Code shall be made by reference to the chapter and section of the Code which is to be amended, and additions shall bear an appropriate designation of chapter and section.

 

§1-11.  Police Jurisdiction Outside City Limits

            The provisions of this Code enacted in the exercise of the police jurisdiction of the City of Grand Island for the regulation, use, operation, ownership, control, and protection of the public parks, waterworks system, sewerage system, electric generation and distribution system, and other municipal facilities, and portions thereof, shall apply to and be of the same force and effect upon the municipal golf course, public parks, waterworks systems, sewerage systems, and other municipal facilities, outside the corporate limits of the City of Grand Island, with the same effect as though such properties were located within the corporate limits of such City of Grand Island.

 

§1-12.  Extra Territorial Jurisdiction

            The City of Grand Island zoning and property use regulations, building ordinances, gas ordinances, and plumbing ordinances are hereby extended and apply to the area two miles beyond and adjacent to the corporate boundaries of the City of Grand Island with the same force and effect as if such outlying area were within the corporate limits of such city; provided, no such ordinance shall be extended or applied so as to prohibit, prevent, or interfere with the conduct of existing farming, livestock operations, businesses, or industry.

 

§1-13.  Sale of Abandoned Property

            The chief of police is hereby empowered to offer for sale and to sell at public auction including sale by internet or other electronic medium to the highest bidder, all personal property, except impounded vehicles, and except property of a nature dealt with in §1-14 which may come within the custody of the police department by reason of its being abandoned, recovered, confiscated, impounded, or unclaimed. Notice of such sale shall be printed once in a legal newspaper published in the City of Grand Island at least ten days prior to the sale; provided, that no such property shall be offered or sold unless it shall have remained unclaimed by the lawful owner for a period of six months after it shall have come within the custody of the chief of police or the police department, or, in the case of property taken from or deposited by, persons arrested, detained, or accused of crime, shall have remained unclaimed for a period of six months after the discharge, liberation or departure of the person from whom such property was taken or by whom such property was deposited.

            It shall be the responsibility of the chief of police to make such effort as he deems reasonable to notify the lawful owner of any such property that it will be sold or otherwise disposed of upon a given date.

            All money received from the sale of the unclaimed property shall be paid to the chief of police, whose duty it shall be to account for such money collected by him to the city treasurer who shall place the same in the police fund.

Amended by Ordinance No. 9029, effective 03-01-2006

 

§1-14.  Disposal of Contraband

            The chief of police is hereby authorized to cause to be destroyed, or to dispose of in such other lawful manner as he deems proper all firearms, alcoholic beverages, contraband, or such other property, the possession of which may be unlawful, prohibited or regulated by federal, state, or local statutes or ordinances, which may come within the custody of the police department by reason of its being abandoned, recovered, confiscated, impounded or unclaimed.

            That all such property shall be held for a period of not less than ninety (90) days prior to the disposition, and it shall be the responsibility of the chief of police to make such effort as he deems reasonable to notify the lawful owner of any such property prior to its disposal that it will be destroyed or otherwise disposed of upon a given date.