CITY OF IMPERIAL MUNICIPAL CODE

Transcription

1 Recodified by Municipal Code Services, Inc., Neligh, Nebraska -- Adopted Sept. 18, 2006 CITY OF IMPERIAL MUNICIPAL CODE ABANDONED VEHICLES See VEHICLES, ABANDONED GENERAL INDEX * See Main Heading ADJUSTMENT, BOARD OF Compensation; Bond Duties Meetings Members Officers; Funding Terms; Planning Commission Member ADMINISTRATION, CIVIL Adjustment, Board of * Airport Authority Board * Bond, Blanket Cemetery Board * City Council * Community Center Commission Community Redevelopment Authority Corporate Existence Corporate Seal * Elections * Fiscal Management * Health, Board of * Housing Authority * Library Board * Meetings * Oath of Office Officers, Appointive * Officers, Elective 1-102, Ordinances * Park and Tree Commissioners, Board of * Planning Commission * Police Department * through 1-703, 2-109, 2-110, through Public Records; Disclosure Senior Services, Board of * Tree Commissioners, Board of * ADMINISTRATOR AIRPORT AUTHORITY BOARD Appointment Procedure Authority; Duties Members Members, Removal of Vacancies A

2 ALCOHOLIC BEVERAGES Consumption in Public Places; Exceptions Liquor Regulations * ALL-TERRAIN VEHICLES Accident Report Competition Defined Enforcement Equipment, Requirement Headlights Operation Penalty Prohibitions AMUSEMENTS Bingo; Incorporated Regulations Bingo; Regulation Public Dance; Defined Public Dance; Premises Public Dance; Responsibility of Sponsor Public Dance; Supervision ANIMALS AND DOGS, DANGEROUS AND POTENTIALLY DANGEROUS Dangerous Animals; Definitions; Prohibited Animals in Residential Area Dangerous Animals or Potentially Dangerous Dogs; Impoundment of Dangerous Animals or Potentially Dangerous Dogs; Violations; Penalty; Destruction of Dangerous Dogs; Exceptions Dangerous Dogs; Prohibited Potentially Dangerous Dog; Certificate of Registration for Potentially Dangerous Dog; Determination of Potentially Dangerous Dog; Restraint of ANIMALS GENERALLY Animals, Certain, Prohibited in Residential Area Banned from City Cruelty; Definitions Cruelty to Animals Cruelty to Animals; Law Enforcement Officer; Powers, Immunity Enclosures Killing and Poisoning Pitting; Definitions Pitting; Prohibited Pitting; Spectators Prohibited Running at Large Waste, animal APPOINTIVE OFFICERS See OFFICERS, APPOINTIVE ATTORNEY, CITY Duties 1-209

3 BACKFLOW REGULATIONS Backflow Prevention Devices Booster Pumps Definitions Fire Suppression Systems Nuisance, Abatement of Prohibited Acts Protection; Type Required Protection; Where Required Responsibility Standards, Approval Surveys and Investigations Violation; Penalty Violations Yard Hydrants BICYCLES Moving Vehicles, Clinging to Operation of B BINGO See AMUSEMENTS BOARD OF HEALTH See HEALTH, BOARD OF BONDS Adjustment, Board of Building Permit Cemetery Board Cutting Curb Officials, City Park and Tree Commissioners BUILDING PERMITS Bond Requirement Building Without Permit; Nuisance Duplicate to County Assessor Inspection Fees; Collection; Schedule Inspection, Time of Limitation Required; Application Variance Not Permitted BUILDING REGULATIONS Building Inspector; Powers and Authority Building Inspector; Right of Entry Building Permits * Buildings; Moving * Penal Provision Uniform Codes; Adopted by Reference BUILDINGS, DANGEROUS See NUISANCES BUILDINGS; MOVING Application Duties of Permittee 8-205

4 Interference No General License Permit Required Terms Defined CARS, JUNK See NUISANCES C CATS See DOGS AND CATS CEMETERY BOARD Destruction of Property Duties Financial Matters Lot Prices Lot Sales Maintenance Assessments Meetings Members; Terms; Compensation; Bond Officers Operation and Funding Perpetual Care Unlawful Burial CITY COUNCIL Compensation Conflict of Interest Corporate Existence Election of Mayor; Duties and Powers Mayor; Vacancy Meetings * Number and Qualifications of Members Oath of Office Powers President of Council; Acting President Qualifications Restrictions on Other Employment or Elective Office Salaries Succession of Control Vacancy Due to Unexcused Absences Vacancies CLERK, CITY City Clerk/Treasurer/Administrator Deputy Clerk Duties Merger of Offices COMMUNITY CENTER COMMISSION COMMUNITY REDEVELOPMENT AUTHORITY COMPENSATION Adjustment, Board of Cemetery Board

5 City Officials Housing Authority Park and Tree Commissioners DANCES, PUBLIC See AMUSEMENTS DOGS AND CATS Animal Control Officer; Duty to Enforce Animal Cruelty Animal Noise, Excessive Animals and Dogs, Dangerous and Potentially Dangerous * Animals in Heat Care of Animals Definitions Destruction of Property Dogs, Dangerous See ANIMALS AND DOGS Excessive Animals Without Permit Impounding Impoundment Fees Kennels * Killing License, Lost Licensing Noise, Excessive Number of Dogs and Cats, Limitation on Parents, Responsibility of Penalties 2-231, Poisoning Running at Large, Cats 2-208, Running at Large, Dogs 2-205, Violation; Penalty DRIVEWAY, PRIVATE See PRIVATE DRIVE ELECTIONS At Large Ballots Certificate of Nomination or Election Certification; Election of Officers Exit Polls Filing Fee Nomination by Write-in Votes Petition Candidates Primary Election; Number of Candidates Special Joint Elections Tie Votes Voter Qualifications Write-in Votes ELECTRICAL SYSTEM Application, Consumer's Bills, Joint Classification D E

6 Collections Contracts, Service Destruction of Property Electrician, Licensed Fees Inspections Installation Expense Meters Ownership Penal Provision Rates, Minimum Restricted Use Signs, Posting of Trees, Trimming EMERGENCY VEHICLES See VEHICLES, EMERGENCY EXPLOSIVE MATERIAL Blasting Permits Bullets Penalties Registration Storage FIRE DEPARTMENT Assistance Chief, Additional Powers and Duties Chief, Powers and Duties Equipment Failure to Obey Notice of Fire Chief False Alarm Fire, Distant Fires Hose, Driving Over Interference Investigation, Fire Membership Obstruction Offices of Chief, Assistant Chief, Captains; Duties Operation and Funding Penal Provision Preservation of Property Records Traffic FIRE REGULATIONS Chimneys Complaints Fire Code Enforcement Fire Limits; Building Permit Fire Limits; Defined; Building Materials Fire Limits; Permitted Repairs Fire Limits; Removal Required Fire Limits; Removal or Repair Required Fire Prevention Code Furnaces F

7 Lawful Entry Life Safety Code Manner of Service Open Burning Ban; Waiver Prohibited Fuels Stoves Violation Notice FIREWORKS Ignition Occupation Tax Permit for Public Exhibitions Regulation of Use, Sale, Possession Retail Sale Dates FISCAL MANAGEMENT Audit, Annual Budget Filing Budget Hearing Budget Procedure Budget Statement; Filing Claims Credit Cards and Electronic Funds Transfers; Authority to Accept Contracts Debt Collection; Authority to Contract with Collection Agency Expenditures Fiscal Year Fund, Special Assessment Funds, Deposit of Funds, Investment of Funds, Sinking Funds, Transfer of Levy, All-Purpose Motor Vehicle Tax Warrants FOWLS See ANIMALS GENERALLY GARBAGE AND SOLID WASTE DISPOSAL See SOLID WASTE HEALTH AND SANITATION Health, Board of * Nuisances * Offensive Matter & Odor Premises Licensed for Liquor HEALTH, BOARD OF Depositing or Permitting Deposit or Accumulation of Substance Detrimental to Health or Offensive to Smell; Penalty Members Powers and Duties G H

8 HOUSING AUTHORITY Compensation Conflict of Interest Definitions Duties Existence, Continued, as Housing Authority Joint Housing Authority Meetings Members Officers Ownership Removal of Commissioner Report to City Council Rules and Regulations Terms HOUSING CODE Application Definitions Dwelling Regulations Emergency Enforcement and Appeals Inspections Maintenance Notice Nuisance Occupant's Duties Rules and Regulations Violation JUNK VEHICLES See NUISANCES KENNELS Definition License; Application for License Required Regulations Unlicensed; Nuisance LIBRARY BOARD Annual Report Book Removal Books, Damaged and Lost Cost of Use Discrimination Prohibited Donations General Powers and Duties Library Board Operation and Funding Penalties; Recovery; Disposition J K L

9 LICENSES AND PERMITS Animal, Excessive, Permit Bingo Blasting Building Movers Building Permit, Fire Limits Building Permits 7-214, Cutting Curb Dogs Kennel Liquor Plumber 6-241, Private Drive, Construction of Salesmen, Non-Resident Tobacco Sales LIQUOR REGULATIONS Advertisements and Sales Application for License Citizen Complaint Form 4-209, Citizen Complaint Procedure Complaint Initiated by City Council Conduct Prohibited Consumption, Place of, Restrictions on Definitions Delivery After Closing Hours Gambling Hours of Sale Intoxicated Persons, Removal of from Public or Quasi-Public Property Keg Sales; Registration; Keg Identification Numbers; Prohibited Acts License Application License Application, Action on License Required License, Display of License, Prerequisites to License, Renewal of Licensing Standards Minors and Incompetents, Sale to Occupation Tax Penalties Place of Consumption, Restrictions on Premises, Change of Premises, Inspection of Renewal of License Renewal, Protests Against Restrictions on Other Business Sale for Resale Prohibited Sales, Cash Only Sanitation Spiking Beer Transportation of Liquor LITTER See NUISANCES LIVESTOCK See ANIMALS GENERALLY

10 MAYOR Duties and Powers Vacancy MEETINGS OF CITY COUNCIL Change in Office Closed Sessions Consent Agenda Council Meetings Emergency Meetings Minutes Notice to News Media Open Meetings Information Order of Business Organizational Parliamentary Procedure Public; Notice Public Participation Public Records; Disclosure Special Meetings Videoconferencing; When Allowed Votes MISDEMEANORS Air Pollution; Prohibited Alcohol Consumption in Public Places; Exception Animals Generally * Appliances in Yard Destruction of Property, Malicious Disturbing the Peace Dogs and Cats * Impersonating Police Kennels * Littering Mischief, Criminal Noise, Excessive Nuisances * (Dangerous Buildings, Junk Cars, Litter, Weeds & Grasses) Obstructing Officer Prohibited Obstructing Water Flow Obstruction of Public Ways Penalty Police, Impersonating Posting Railroad Companies; Obstructing View at Crossing Prohibited Rodents and Insects; Extermination Rodents and Insects; Occupant Rodents and Insects; Owner Service Dog; Violence on or Interference with Slingshots, Paintball Guns, Blow Guns, Air Rifles or Similar Instruments, Discharge of Stalking Theft of Telecommunications Service Trees, Injury to Trespass, Criminal Water Pollution; Prohibited M

11 MOPEDS Defined Equipment Operation Operator's License Required Traffic Regulations Applicable Use of Traffic Lanes; Operation on Sidewalks Prohibited MOTORCYCLES Lights Operation NATURAL GAS PIPELINE OCCUPATION TAX Adjustments Amount Amount of Tax When Report Not Filed or Inspection Refused Basis Governmental Bodies Exempt Interest and Penalty Occupation Tax Payment Period and Due Date Quarterly Report of Gas Usage Right of City to Inspect Records Right of City to Sue When Payment in Default To Whom Payable; Receipt; Disposition NUISANCE REGULATIONS Abatement Services and Notice Procedure Definitions Enforcement Procedures Expenses Fines, Specific Purpose NUISANCES, GENERALLY Abatement of Accumulated Garbage Backflow Regulations Board of Health, Duty to Suppress Building Without a Permit Cesspools Garbage, Accumulation of Kennel, Unlicensed Nuisance Regulations * Privies Septic Tanks Wellhead Protection; Non-approved Facilities OCCUPATION TAX Certificates Duties of Parties Liable Interstate or Government Business Liquor N O

12 Natural Gas Pipeline Occupation Tax * No Refund Paid to Treasurer; Not Assignable Purpose Violation; Penalty OFFICERS, APPOINTIVE Appointment of Attorney Clerk Clerk/Treasurer/Administrator Deputy Clerk Engineer Merger of Offices Physician Police Chief Public Works Director Sewer Commissioner Street Commissioner Student Representative to City Council Treasurer * Water Commissioner ORDINANCES Amendments and Revisions Effective date of Emergency Ordinances Grant of Power Introduction Motions Passage Publication, Certificate of Publication or Posting Resolutions Rules, Suspension of Style Title PARK AND TREE COMMISSIONERS, BOARD OF Compensation; Bond Consent of Property Owner Definitions Distance from Curb and Sidewalk Distance from Street Corners and Fire Hydrants Duties and Responsibilities Interference with Tree Board Operation Pruning; Corner Clearance Public Tree Care Removal of Dead or Diseased Trees on Private Property Review by City Council Stumps, Removal of Term of Office Tree Species to be Planted Tree Topping Utilities P

13 PARKING REGULATIONS Alley, Obstructing Alleys; Loading and Unloading Congested Area Unloading Crosswalks Curb Intersections Curbs Curbs, Painted Display of Vehicles Emergency Vehicles Fire Hydrants and Stations Freight Vehicles, Unloading Handicap Parking Areas No Parking Areas Obstructing Traffic Parking; Areas Parking; Generally Repair of Vehicles Schools Theaters Time Limit Time Limit, Maximum; Current License Unloading; Freight Vehicles Vehicles; Brakes, Coasting PENALTIES Abandoned Vehicles 3-206, All-terrain Vehicles 3-417, Backflow Regulations 6-239, Branches and Shrubbery, Failure to Remove 5-309, Building Regulations Business Regulations Civil Administration Dangerous Animals or Potentially Dangerous Dogs 2-224, Diversion of Services 6-105, Dogs and Cats 2-231, Fire Chief, Failure to Obey Notice of 7-106, Fire Regulations Garbage and Solid Waste Disposal 6-408, Health Regulations 1-903, Housing Code 4-607, Misdemeanors Motor Vehicles and Bicycles Municipal Code Natural Gas Pipeline Occupation Tax 4-704, Nuisance Regulations Occupation Tax 4-107, Private Drives, Construction 5-404, Public Ways and Property Regulations Sidewalk Regulations Snow, Sleet and Ice, Failure to Remove 5-308, Snowmobiles 3-409, Solicitors 4-308, Street Regulations Traffic Regulations Utilities Wellhead Protection 6-226, 6-601

14 PERMITS See LICENSES AND PERMITS PLANNING COMMISSION Alternate Member Funds Limit on Expenditures Meetings Members Organization Purpose Records Removal Rules Term Vacancies POLICE DEPARTMENT Arrest Jurisdiction Cruelty to Animals Discharge or Removal from Duty; Notice and Hearing; Determination Officer, Impersonating Officer, Obstructing Police, Refusal to Obey Power, Duties, Responsibilities Traffic Officers Traffic Powers PRIVATE DRIVES Application for Construction Application Requirements Penalties Permit PUBLIC PROPERTY REGULATIONS Improvement District; Land Adjacent Maintenance and Control of Obstructions Obstructions, Permitted Penalty Personal Property, Sale of Public Works Involving Architecture or Engineering; Requirements Real Property, Acquisiton of; Appraisal Real Property, Acquisition of; Authorization Real Property, Acquisition of; Construction, Elections, When Required Real Property; Sale and Conveyance Special Improvement District; Assessment and Creation Process Violations; Penalty Weapons Prohibited in Public Buildings RAILROAD COMPANIES Obstructing View at Crossing Prohibited R

15 SENIOR SERVICES, BOARD OF Authority Duties Intent and Purpose Meetings Members; Appointments Officers; Duties Qualifications, Term; Vacancies SEWER DEPARTMENT Air Conditioning Units, Discharge From Bills, Joint Cesspools Contract, Sewer Contracts, Service Destruction of Property Excavations Hookup, Mandatory Inspections Installation Expense Installation; Permit Required Liability, Plumber Non-residents, Service to Operation and Funding Plumber, Licensed Plumber, Liability Privies Repair and Replacement Septic Tanks Service Contracts Service to Non-Residents Sewer Contract Single Premises Unlawful Connection Unlawful Deposit of Wastes Unlawful Discharge of Wastes Unlawful Use Utilities Generally * SEXUAL PREDATOR RESIDENCY RESTRICTIONS Definitions Distance, Measure of Exceptions Purpose Residence Prohibition SIDEWALKS Branches and Shrubbery, Duty to Remove Construct or Repair, Failure to Construction by Owner Construction by Petition Duty to Repair Liability Notice; New, Reconstructing, Repairing through Penalty Sidewalk, New, Notice Sidewalk, Reconstructing, Notice Sidewalk, Repairing, Notice S

16 Snow, Sleet and Ice, Duty to Remove SNOWMOBILES Enforcement, Penalty Equipment Public Lands Unlawful Acts Unlawful Operation SOLICITORS Appeal Procedure Application; Information Required Definitions Fees Investigation of Applicant License Issuance License Required Penalties Restrictions on Soliciting Severability SOLID WASTE Animals, Dead Collection Service; Fees Containers 6-404, Definitions Dumpsters Prohibited Accumulation and Disposal Transfer Station Grounds STREETS Concrete, Mixing Construction Assessment Crossings Cutting Curb; Permit and Bond Required Deferral from Special Assessments Driving Stakes Eave and Gutter Spouts Excavation Heavy Equipment Improvement Districts, Objections Improvement of Main Thoroughfares Improvement of Streets on Corporate Limits Improvements, Petition for Liquids, Harmful Names and Numbers Penalty Special Assessments, Deferral from Stakes, Driving Utility Lines, Wires, Etc Vacating Public Ways Widening, Opening, Vacating TOBACCO SALES License for Sale; Application; Contents; Fee Sale to Minors T

17 TRAFFIC REGULATIONS Backing Careless Driving Definitions Driving Abreast Driving in Sidewalk Space Engine Braking Emergency Regulations Following Distance; Fire Apparatus Following Distance; Generally Funeral Processions Glass Loads; Projecting Loads; Spilling or Shifting Muffler Overloading Front Seat; Obstructing Driver's View or Driving Mechanism Parades and Motorcades, Regulations and Procedures Penal Provision Pointed Objects Police; Refusal to Obey Police; Traffic Officers Police; Traffic Powers Position of Vehicle on Highway 3-110, Reckless Driving Reckless Driving, Willful Riding Outside Vehicle Right of Way; Emergency Vehicles Right of Way; Generally Sidewalk Space, Driving in Signals Signs Signs; Defacing or Interfering with Signs; Unauthorized Display Speed; Electronic Detector Speed Zones Stop Signs Stop Signs Established Stops; Mandatory Street Signs, Defacing Truck Routes Turning; Cautious Turning; Generally Turning; Signals Vehicle, Position on Highway, Generally Vehicle, Position on Highway, Passing Turning; "U" Turns TREASURER, CITY Duties Report, Annual Report, Monthly TREE BOARD See PARK AND TREE COMMISSIONERS, BOARD OF TREE REGULATIONS Care of Public Trees Consent of Property Owner Dead or Diseased Trees

18 Pruning Spacing and Placement through Street Tree List Stumps, Removal of Tree Species to be Planted Tree Topping Utilities UTILITIES GENERALLY Billing Discontinuance of Service, Notice Diversion of Services, Meter Tampering, Unauthorized Reconnection, Prohibited; Evidence Diversion of Services; Penalty Lien VEHICLES, ABANDONED Definitions Disposition Enforcement Notice Penalty Title, Transfer of VEHICLES, JUNK See NUISANCES VEHICLES, EMERGENCY Following Distance, Fire Apparatus Parking Right of Way for WATER DEPARTMENT Application, Consumer's Backflow Regulations * Bills, Joint Collections Contract, Water Contract, Water Service Definitions Destruction of Property Fire Hydrants Fire Mains Funding Inspection Installation Expense Installation Procedure Lead Pipes and Solder, Prohibited Maintenance Mandatory Hookup Meter Reading Minimum Rates Non-Use, Option for U V W

19 Operations Plumber, Licensed Pollution Rates Repairs Restricted Use Single Premises Utilities Generally * Water Contract Water Service Contracts Wellhead Protection Area * WEEDS See NUISANCES WELLHEAD PROTECTION AREA Abatement Procedure Authority Definition of Water Well Definitions Designation Distance of Certain Structures and Activities from Wells Existing Wells Penalties 6-226

20 Recodified by Municipal Code Services, Inc., Neligh, Nebraska Adopted Sept. 18, 2006 CHAPTER I CIVIL ADMINISTRATION ARTICLE I MAYOR AND CITY COUNCIL CORPORATE EXISTENCE CITY COUNCIL; NUMBER AND QUALIFICATIONS OF MEMBERS ELECTION OF CITY OFFICIALS MAYOR; DUTIES AND POWERS MAYOR; VACANCY PRESIDENT OF COUNCIL; ACTING PRESIDENT SUCCESSION OF CONTROL VACANCIES IN CITY OFFICES CITY COUNCIL; POWERS OFFICERS' SALARIES VACANCY DUE TO UNEXCUSED ABSENCES COMPENSATION; CONFLICT OF INTEREST ELECTED OFFICIALS; QUALIFICATIONS; RESTRICTIONS ON OTHER EMPLOYMENT OR ELECTIVE OFFICE ARTICLE II APPOINTIVE OFFICERS APPOINTIVE OFFICERS MERGER OF OFFICES DEPUTY CLERK CITY CLERK; DUTIES CITY TREASURER; DUTIES CITY TREASURER; MONTHLY REPORT CITY TREASURER; ANNUAL REPORT CITY CLERK/TREASURER/ADMINISTRATOR CITY ATTORNEY; DUTIES CITY POLICE CHIEF; DUTIES DIRECTOR OF PUBLIC WORKS SEWER COMMISSIONER WATER COMMISSIONER STREET COMMISSIONER CITY ENGINEER STUDENT REPRESENTATIVE TO CITY COUNCIL CITY PHYSICIAN ARTICLE III ADMINISTRATION CORPORATE SEAL BLANKET BOND; OATH OF OFFICE OPEN MEETINGS INFORMATION MEETINGS; NOTICE TO NEWS MEDIA MEETINGS; PUBLIC; NOTICE MEETINGS; CITY COUNCIL MEETINGS; EMERGENCY MEETINGS; CLOSED SESSIONS SPECIAL MEETINGS MEETINGS; MINUTES MEETINGS; VOTES

21 1-312 MEETINGS; PUBLIC PARTICIPATION MEETINGS; ORDER OF BUSINESS MEETINGS; CONSENT AGENDA MEETINGS; PARLIAMENTARY PROCEDURE MEETINGS; CHANGE IN OFFICE MEETINGS; ORGANIZATIONAL MEETINGS; VIDEOCONFERENCING; WHEN ALLOWED PUBLIC RECORDS; DISCLOSURE ARTICLE IV ORDINANCES GRANT OF POWER INTRODUCTION RESOLUTIONS AND MOTIONS PASSAGE SUSPENSION OF RULES STYLE EFFECTIVE DATE TITLE EMERGENCY ORDINANCES CERTIFICATE OF PUBLICATION OR POSTING AMENDMENTS AND REVISIONS ARTICLE V FISCAL MANAGEMENT FISCAL YEAR BUDGET PROCEDURE BUDGET STATEMENT; FILING BUDGET HEARING BUDGET FILING ANNUAL AUDIT ALL-PURPOSE LEVY CONTRACTS CLAIMS WARRANTS TRANSFER OF FUNDS SPECIAL ASSESSMENT FUND SINKING FUNDS DEPOSIT OF FUNDS INVESTMENT OF FUNDS EXPENDITURES BOND ISSUES (Repealed) MOTOR VEHICLE TAX DEBT COLLECTION; AUTHORITY TO CONTRACT WITH COLLECTION AGENCY CREDIT CARDS AND ELECTRONIC FUNDS TRANSFERS; AUTHORITY TO ACCEPT ARTICLE VI ELECTIONS ELECTION OF OFFICERS; CERTIFICATION PRIMARY ELECTION; NUMBER OF CANDIDATES FILING TIE VOTES FILING FEE

22 1-605 VOTER QUALIFICATIONS PETITION CANDIDATES NOMINATION BY WRITE-IN VOTES SPECIAL JOINT ELECTIONS CERTIFICATE OF NOMINATION OR ELECTION BALLOTS AT LARGE EXIT POLLS ARTICLE VII POLICE DEPARTMENT POWER, DUTIES, RESPONSIBILITIES ARREST JURISDICTION DISCHARGE OR REMOVAL FROM DUTY; NOTICE AND HEARING; DETERMINATION ARTICLE VIII PLANNING COMMISSION MEMBERS; TERM; REMOVAL; VACANCIES ORGANIZATION; MEETINGS, RULES; RECORDS FUNDS; LIMIT UPON EXPENDITURES PURPOSE ALTERNATE MEMBER ARTICLE IX BOARD OF HEALTH MEMBERS POWERS AND DUTIES DEPOSITING OR PERMITTING DEPOSIT OR ACCUMULATION OF ANY SUBSTANCE DETRIMENTAL TO HEALTH OR OFFENSIVE TO SMELL; PENALTY ARTICLE X BOARD OF PARK AND TREE COMMISSIONERS DUTIES AND RESPONSIBILITIES DEFINITIONS TERM OF OFFICE COMPENSATION; BOND REVIEW BY CITY COUNCIL OPERATION TREE SPECIES TO BE PLANTED DISTANCE FROM CURB AND SIDEWALK DISTANCE FROM STREET CORNERS AND FIRE HYDRANTS UTILITIES PUBLIC TREE CARE CONSENT OF PROPERTY OWNER TREE TOPPING PRUNING; CORNER CLEARANCE REMOVAL OF DEAD OR DISEASED TREES ON PRIVATE PROPERTY REMOVAL OF STUMPS INTERFERENCE WITH TREE BOARD

23 ARTICLE XI BOARD OF ADJUSTMENT MEMBERS TERMS; PLANNING COMMISSION MEMBER COMPENSATION; BOND OFFICERS; FUNDING MEETINGS DUTIES ARTICLE XII LIBRARY BOARD LIBRARY BOARD GENERAL POWERS AND DUTIES OPERATION AND FUNDING COST OF USE DONATIONS DAMAGED AND LOST BOOKS BOOK REMOVAL ANNUAL REPORT DISCRIMINATION PROHIBITED PENALTIES; RECOVERY; DISPOSITION ARTICLE XIII CEMETERY BOARD MEMBERS; TERMS; COMPENSATION; BOND DUTIES OFFICERS MEETINGS FINANCIAL MATTERS OPERATION AND FUNDING UNLAWFUL BURIAL LOT PRICES PERPETUAL CARE LOT SALES MAINTENANCE ASSESSMENTS DESTRUCTION OF PROPERTY ARTICLE XIV BOARD OF SENIOR SERVICES INTENT AND PURPOSE MEMBERS; APPOINTMENTS QUALIFICATIONS, TERM; VACANCIES OFFICERS; DUTIES MEETINGS AUTHORITY DUTIES ARTICLE XV HOUSING AUTHORITY MEMBERS; TERMS; COMPENSATION MEETINGS; OFFICERS; DUTIES CONFLICT OF INTEREST REMOVAL OF COMMISSIONER REPORT TO CITY COUNCIL

24 CONTINUED EXISTENCE AS HOUSING AGENCY OWNERSHIP DEFINITIONS RULES AND REGULATIONS JOINT HOUSING AUTHORITY ARTICLE XVI AIRPORT AUTHORITY BOARD AUTHORITY; DUTIES MEMBERS APPOINTMENT PROCEDURE VACANCIES REMOVAL OF MEMBERS ARTICLE XVII OTHER BOARDS AND COMMISSIONS COMMUNITY CENTER COMMISSION COMMUNITY REDEVELOPMENT AUTHORITY ARTICLE XVIII PENAL PROVISION VIOLATION; PENALTY CHAPTER I CIVIL ADMINISTRATION ARTICLE I MAYOR AND CITY COUNCIL SECTION 1-101: CORPORATE EXISTENCE The City of Imperial, Nebraska, is hereby declared to be a city of the second class and shall be governed in all respects by the laws regulating cities of the second class. SECTION 1-102: CITY COUNCIL; NUMBER AND QUALIFICATIONS OF MEMBERS The elected officials of the City shall consist of a mayor and four council members, who shall be citizens of the United States, residents of the City and registered voters; provided, a council member's term shall expire and the office become vacant upon removal or change of residence from the City. The council members shall qualify and meet on the first regular meeting in December following their election. (Ref. Neb. Rev. Stat ) SECTION 1-103: ELECTION OF CITY OFFICIALS The term of office of the mayor and City Council is four years. The members elected in the general election in 2002 shall continue to hold their office until December, Those members elected in 2004 shall continue to hold their office until December, Thereafter, two council members terms shall expire every two years. The election of the council members shall be held on the date of the statewide general election. SECTION 1-104: MAYOR; DUTIES AND POWERS 1. The mayor of the City shall have the general and immediate control over all

25 property and officials of the City. He/she shall preside at all meetings of the City Council, and may vote when his/her vote shall be decisive on any pending matter, legislation or transaction and the mayor shall, for the purpose of such vote, be deemed to be a member of the Council. His/her signature must appear on the city clerk's minutes of all meetings, he/she must sign all resolutions which have been passed and warrants for the payment of money when ordered by the City Council; provided, any ordinance vetoed by the mayor may be passed over his/her veto by a two-thirds vote of the members of the Council, but if the mayor neglects or refuses to sign any ordinance and returns it to the Council with his/her objections in writing at the next regular council meeting, the same shall become a law without his/her signature. He/she shall from time to time communicate to the Council such information and recommendations as, in his/her opinion, may improve the City. 2. The mayor may, at reasonable intervals, require any city official to exhibit his/her accounts and make reports to the Council on any subject pertaining to his/her office. He/she may remove an appointed police officer of the City at any time. His/her territorial authority shall extend over all places within five miles of the corporate limits of the City for the enforcement of any health ordinance, and one-half mile in all matters vested in him/her except taxation. He/she shall also have such other duties as the City Council may confer upon him/her by resolution. 3. Any candidate for mayor must be a registered voter and resident of the City prior to filing for the said office. (Ref. Neb. Rev. Stat , through ) SECTION 1-105: MAYOR; VACANCY 1. Whenever a vacancy occurs in the office of mayor, or in case of his/her disability or absence, the president of the Council shall exercise the office of mayor until such vacancy is filled or such disability is removed, or in the case of temporary absence, until the mayor returns. 2. When the successful candidate for mayor shall be unable to assume office, the incumbent mayor shall not be entitled to hold over the term; such office shall automatically become vacant and the president of the Council shall exercise the office of mayor until such vacancy is filled. 3. If the president of the Council shall for any cause assume the office of mayor for the remainder of the unexpired term, there shall be a vacancy on the Council which shall be filled as provided herein. (Ref. Neb. Rev. Stat ) SECTION 1-106: PRESIDENT OF COUNCIL; ACTING PRESIDENT In case of any vacancy in the office of mayor, or in case of his/her disability or absence, the president of the Council shall exercise the office of mayor until such vacancy is filled or such disability is removed or, in case of temporary absence, until the mayor returns. In the absence of the president, the Council shall elect one of its own body to occupy his/her place temporarily, who shall be styled "acting president of the Council." The president and acting president, when occupying the place of the mayor, shall have the same privileges as other members of the Council; and all acts of the president or acting president, while so acting, shall be as binding upon the Council and upon the City as if done by the mayor. (Ref. Neb. Rev. Stat )

26 SECTION 1-107: SUCCESSION OF CONTROL In order to designate the succession of control of the City and to declare and control a disaster or emergency when the mayor is not present or is unable to act as the principal executive officer of the City, then the following is the procedure used to determine who is next in line to fulfill those duties and responsibilities: 1. If the mayor is not present or is incapable of performing his/her duties in order to declare a disaster or emergency and/or act as principal executive officer in a disaster or emergency situation, then the president of the City Council shall perform those functions and duties. 2. Should the president of the Council not be present or be unable to perform those functions and duties, then the next most senior elected official shall perform those duties and functions. 3. The line of succession for the remaining elected officials shall follow by seniority from the date originally elected. If more than one council member has the same date of seniority, then the most senior in age shall assume control. SECTION 1-108: VACANCIES IN CITY OFFICES 1. A vacancy shall be filled by the City Council for the balance of the unexpired term. In the event of any vacancy on the Council, the Council shall give public notice of the vacancy by causing to be published in a newspaper of general circulation within the City, or posting in three public places in the City, notice of the office vacated and the length of the unexpired term. Within two weeks after the regular meeting at which such notice of vacancy has been presented or after the death of the incumbent, the mayor shall call a special meeting of the Council, at which time he/she shall submit the name of a qualified elector to fill the vacancy for the balance of the unexpired term. 2. The Council shall vote upon such nominee and if a majority votes in favor of such nominee, the vacancy shall be declared filled. If a majority fails to confirm such appointment, the nomination shall be rejected and the mayor shall, at the next regular meeting, submit the name of another qualified elector to fill the vacancy. 3. If the vote on the nominee at such meeting fails to carry by a majority vote, the mayor shall continue at such meeting to submit the names of qualified electors of the City in nomination and the Council shall continue to vote until the vacancy is filled. The mayor shall vote for or against the nominee in case of a tie vote of the Council. All council members present shall cast a ballot for or against the nominee. (Ref. Neb. Rev. Stat , , ) SECTION 1-109: CITY COUNCIL; POWERS The Council shall have all powers granted under the laws of the State of Nebraska, including but not limited to the following powers: 1. To pass ordinances to prevent and remove nuisances; 2. To prevent, restrain and suppress gambling and disorderly houses; 3. To license and regulate amusements; 4. To establish and provide for police protection; 5. To prevent the spread of contagious diseases; 6. To regulate business;

27 7. To erect, repair, construct and regulate public ways and property; 8. To maintain good government, public welfare and domestic tranquility; and 9. To enforce all ordinances by imposing penalties upon inhabitants or other persons for violation thereof not exceeding the amount permitted by Nebraska law for each offense, recoverable with costs, together with enforcement by injunction where necessary. SECTION 1-110: OFFICERS' SALARIES 1. All elected officers shall receive such compensation as the City Council shall fix by ordinance. Such compensation amounts shall be on file in the office of the city clerk for public inspection. The emoluments of appointive and elective officers of this city shall be neither increased nor decreased during the term for which elected or appointed, except by merger of officers or when there are other officers elected or appointed to the Council and the terms of one or more members commence and end at different times; the compensation of all members of such Council may be increased or diminished at the beginning of the full term of any member thereof. 2. No person who shall have resigned or vacated any office shall be eligible to the same during the time for which he/she was elected or appointed, if during the same time the emoluments thereof have been increased. In addition to the salaries herein provided, the various officers shall be entitled to mileage and expenses, if and when claims therefor are filed, audited and allowed. The mayor and Council may by resolution authorize clerical assistance in one or more offices when the same may be needed, and claims therefor out of the proper funds may be presented, allowed, audited and paid. All fees earned by an officer of this city in the performance of his/her duties as such shall be considered the property of this city and shall be promptly paid over to the city treasurer and credited by him/her to the appropriate fund. (Ref. Neb. Rev. Stat , ) (Am. by Ord. No , 9/13/10) SECTION 1-111: VACANCY DUE TO UNEXCUSED ABSENCES 1. In addition to the events listed in Neb. Rev. Stat and any other reasons for a vacancy provided by law, after notice and a hearing, a vacancy on the City Council shall exist if a member is absent from more than five consecutive regular meetings of the Council unless the absences are excused by a majority vote of the remaining members. 2. The City Council shall take a vote on whether to excuse a member s absence from a meeting upon either (A) a written request from the member submitted to the city clerk or (B) a motion of any other council member. 3. If a council member has been absent from six consecutive regular meetings and none of the absences have been excused by a majority vote of the remaining members, the city clerk shall include this as an item on the agenda for the next regular meeting. At that meeting, the Council shall set a date for a hearing and direct the city clerk to give the member notice of the hearing by personal service or first class mail to the member s last known address. 4. At the hearing, the council member shall have the right to present information on the reasons why one or more of the absences should be excused. If the Council does not excuse one or more of the member s absences by a majority vote at the conclusion of the hearing, there shall be a vacancy on the Council. (Ref. Neb. Rev. Stat )

28 SECTION 1-112: COMPENSATION; CONFLICT OF INTEREST 1. For purposes of this section, "officer" shall mean any member of any board or commission of the City; or any appointed official if such official (A) serves on a board or commission which spends and administers its own funds and (B) is dealing with a contract made by such board or commission; or any elected city official. 2. Unless specified otherwise, volunteer firefighters shall not be considered officers for purposes of this section, with respect to their duties as firefighters. 3. No officer of the City shall be permitted to benefit from any contract to which the City is a party. The existence of such an interest in any contract renders the contract voidable by decree of a court of competent jurisdiction as to any person who entered into the contract or took assignment thereof with actual knowledge of the prohibited conflict. An action to have a contract declared void under this section may be brought by the City or by any resident thereof and must be brought within one year after the contract is signed or assigned. Any such decree may provide for the reimbursement of any person for the reasonable value of all money, goods, material, labor or services furnished under the contract to the extent that the City has benefited thereby. The prohibition in this section shall apply only when the officer or his or her parent, spouse, or child: A. Has a business with which the individual is associated or business association, which shall mean a business: (i) in which the individual is a partner, director or officer; or (ii) in which the individual or a member of the individual's immediate family is a stockholder of a closed corporation stock worth $1, or more at fair market value or which represents more than 5% equity interest or is a stockholder of publicly traded stock worth $10, or more at fair market value or which represents more than 10% equity interest; or B. Will receive a direct pecuniary fee or commission as a result of the contract; provided, however, if such officer is (i) an employee of the business involved in the contract and has no ownership interest or (ii) will not receive a pecuniary fee, such officer shall not be deemed to have an interest within the meaning of this section. 4. The provisions of this section shall not apply if the interested officer: A. Makes a declaration on the record to the governmental body responsible for approving the contract regarding the nature and extent of his/her interest, prior to official consideration of the contract; B. Does not vote on the matter of granting the contract, except that if the number of members of the Council declaring an interest in the contract would prevent the Council, with all members present, from securing a quorum on the issue, then all members may vote on the matter; and C. Does not act for the City as to inspection or performance under the contract in which he/she has an interest. 5. The receiving of deposits, cashing of checks, and buying and selling of warrants and bonds of indebtedness of any city by a financial institution shall not be consi-

29 dered a contract under the provisions of this section. The ownership of less than 5% of the outstanding shares of a corporation shall not constitute an interest within the meaning of this section. Notwithstanding the provisions of Subsections A through C above, if an officer's parent, spouse or child is an employee of the City, the officer may vote on all issues of the contract which are generally applicable to all employees, or all employees within a classification, and do not single out his/her parent, spouse or child for special action. If an officer has the power to employ personnel and he/she hires his/her parent, spouse or child, such officer shall disclose the hiring pursuant to subsections A through E below. However, if the parent, spouse or child is already employed in the position at the time the officer takes office and such position does not change, no disclosure need be made. Notwithstanding any other provision of this section, any contract entered into with an interested officer shall be subject to applicable competitive bidding requirements and shall be fair and reasonable to the City. 6. The city clerk shall maintain, separately from other records, a ledger containing the information listed in subsections A through E of this section about every contract entered into by the City in which an officer has an interest as specified above for which disclosure is made as provided in subsections A through C above. Such information shall be kept in the ledger for five years from the date of the officer's last day in office and shall include: A. Names of the contracting parties; B. Nature of the interest of the officer in question; C. Date that the contract was approved by the City; D. Amount of the contract; and E. Basic terms of the contract. 7. The information supplied relative to the contract shall be provided to the clerk not later than ten days after the contract has been signed by both parties. The ledger kept by the clerk shall be available for public inspection during normal working hours. 8. An open account established for the benefit of this city or entity thereof, with a business in which an officer has an interest, shall be deemed a contract subject to the provisions of this section. The statement required to be filed pursuant to this section shall be filed within ten days after such account is opened. Thereafter, the clerk shall maintain a running account of all amounts purchased on the open account. Purchases made from petty cash or a petty cash fund shall not be subject to the provisions of this section. 9. Any officer who knowingly violates the provisions of this section shall be guilty of a Class III misdemeanor. Any officer who negligently violates this section shall be guilty of a Class V misdemeanor. 10. The City may enact ordinances exempting from the provisions of this section contracts involving $ or less in which one of its officers may have an interest. 11. No officer, including volunteer firefighters, shall receive any pay or perquisites from the City other than his/her salary. The City Council shall not pay or appropriate any money or other valuable thing to pay a person who is not an officer for the performance of any act, service or duty which shall come within the proper scope of the duties of any officer of the City. (Ref. Neb. Rev. Stat , through , 49-14, through 49-14,103.03, )

30 SECTION 1-113: ELECTED OFFICIALS; QUALIFICATIONS; RESTRICTIONS ON OTHER EMPLOYMENT OR ELECTIVE OFFICE 1. Elected officials shall be residents and registered voters of the City. 2. The mayor and members of the Council shall hold no other elective or appointive office or employment with the City. 3. For purposes of this section, (A) elective office means any office which has candidates nominated or elected at the time of a statewide primary election; any office which has candidates nominated at the time of a statewide primary election and elected at the time of a statewide general election; any office which has candidates elected at the time of a statewide general election; any office which has candidates nominated or elected at a city election; and any office created by an act of the Legislature which has candidates elected at an election and includes an office which is filled at an election held in conjunction with the annual meeting of a public body created by an act of the Legislature; and (B) high elective office means a member of the Legislature, an elective office described in Article IV, Sections 1 or 20 or Article VII, Sections 3 or 10 of the Constitution of Nebraska, or a county, city or school district elective office. 4. No candidate for member of the Legislature or an elective office described in Article IV, Sections 1 or 20 or Article VII, Sections 3 or 10 of the Constitution of Nebraska shall be eligible to file as a candidate, to petition on the ballot as a candidate, to accept nomination by a political party or by party convention, caucus or committee to fill a vacancy or to be declared a write-in candidate for more than one elective office to be filled at the same election, except for the position of delegate to a county, state or national party convention. No candidate for any other high elective office shall be eligible to file as a candidate, to petition on the ballot as a candidate, to accept a nomination by a political party or by party convention, caucus or committee to fill a vacancy or to be declared write-in candidate for more than one elective office to be filled at the same election. 5. Except as provided in subsection 6 or 8 of this section, no person shall be precluded from being elected or appointed to or holding an elected office for the reason that he/she has been elected or appointed to or holds another elected office. 6. No person serving as a member of the Legislature or in an elective office described in Article IV, Sections 1 or 20 or Article VII, Sections 3 or 10 of the Constitution of Nebraska shall simultaneously serve in another elective office which is filled at an election held in conjunction with the annual meeting of a public body. 7. Whenever an incumbent serving as a member of the Legislature or in an elective office described in Article IV, Sections 1 or 20 or Article VII, Sections 3 or 10 of the Constitution of Nebraska assumes another elective office, except an elective office filled at an election held in conjunction with the annual meeting of a public body, the office first held by the incumbent shall be deemed vacant. 8. No person serving in a high elective office shall simultaneously serve in any other high elective office. 9. Notwithstanding subsections 6 through 8 of this section, any person holding more than one high elective office on September 13, 1997, shall be entitled to continue to serve the remainder of all terms for which he/she was elected or appointed. (Ref. Neb. Rev. Stat , , , )