Common Ordinances

Article 3. Nuisances

§4-301      NUISANCES: GENERALLY DEFINED. A nuisance consists in doing any unlawful act, or omitting to per­form a duty, or suffering or permitting any condition or thing to be or exist, which act, omission, condition or thing either:

1. Injures or endangers the comfort, repose, health, or safety of others,

2. Offends decency,

3. Is offensive to the senses,

4. Unlawfully Interferes with, obstructs, tends to obstruct or renders dangerous for passage any stream, public park. parkway, square, street, or highway in the Municipality.

5. In any way renders other persons insecure in life or the use of property, or

6. Essentially interferes with the comfortable enjoyment of life and property, or tends to depreciate the value of the proper­ty of others.

(Ref 18-1720 RS Neb.)

§4-302     NUISANCES: SPECIFICALLY DEFINED. The maintaining, using, placing, depositing, leaving, or permitting of any of the following specific acts, omissions, places, condi­tions, and things are hereby declared to be nuisances:

1.   Any odorous, putrid, unsound or unwholesome grain, meat, hides, skins, feathers, vegetable matter, or the whole or any part of any dead animal, fish, or fowl.

2.   Privies, vaults, cesspools, dumps, pits or like places which are not securely protected from flies or rats, or which are foul or malodorous. "3.   Filthy, littered or trash-covered cellars, house yards, barnyards, stable-yards, factory-yards, mill yards, vacant areas in rear of stores, granaries, vacant lots. houses, buildings, or premises.

3.  Filthy, littered or trash-covered cellars, house yards, barnyards, stable-yards, factory-yards, mill yards, vacant areas in rear of stores, granaries, vacant lots, houses, buildings, or premises.

4.   Animal manure in any quantity which is not securely pro­tected from flies and the elements, or which is kept or handled in violation of any ordinance of the Municipality.

5.   Liquid household waste, human excreta, garbage, butcher’s trimmings and offal, parts of fish or any waste veg­etable or animal matter in any quantity; provided, nothing herein contained shall prevent the temporary retention of waste in receptacles in a manner provided by the health officer of the Municipality, nor the dumping of non-putre­fying waste in a place and manner approved by the health officer.

6.   Tin cans, bottles, glass, cans, ashes, small pieces of scrap iron, wire metal articles, bric-a-brac, broken stone or cement, broken crockery, broken glass, broken plaster, and all trash or abandoned material, unless the same be kept in covered bins or galvanized iron receptacles.

7.   Trash, litter, rags, accumulations of barrels, boxes, crates, packing crates, mattresses, bedding, excelsior, packing hay. straw or other packing material, lumber not neatly piled, scrap iron, tin or other metal not neatly piled, old automobiles or parts thereof, or any other waste materials when any of said articles or materials create a condition in which flies or rats may breed or multiply, or which may be a fire danger or which are so unsightly as to depreciate property values in the vicinity thereof.

8.   Any unsightly building, billboard, or other structure, or any old, abandoned or partially destroyed building or structure or any building or structure commenced and left unfinished, which said buildings, billboards or other structures are either a fire hazard, a menace to the public health or safety, or are so unsightly as to depreciate the value of property in the vicinity thereof.

9.   All places used or maintained as junk yards, or dumping grounds, or for the wrecking and dissembling of automo­biles, trucks, tractors, or machinery of any kind, or for the storing or leaving of worn-out, wrecked or abandoned automobiles, trucks, tractors, or machinery of any kind, or of any of the parts thereof, or for the storing or leaving of any machinery or equipment used by contractors or builders or by other persons, which said places are kept or maintained so as to essentially interfere with the com­fortable enjoyment of life or property by others, or which are so unsightly as to tend to depreciate property values in the vicinity thereof.

10. Stagnant water permitted or maintained on any lot or piece of ground.

11. Stockyards, granaries, mills, pig pens, cattle pens, chick­en pens or any other place, building or enclosure, in which animals or fowls of any kind are confined or on which are stored tankage or any other animal or vegetable matter, or on which any animal or vegetable matter including grain is being processed, when said places in which said animals are confined, or said premises on which said vegetable or animal matter is located, are maintained and kept in such a manner that foul and nox­ious odors are permitted to emanate therefrom, to the annoyance of inhabitants of the Municipality, or are maintained and kept in such a manner as to be injurious to the public health.

12. All other things specifically designated as nuisances else­where in this Code. (Ref. 18-1720 RS Neb.)

§4-303      NUISANCES; ABATEMENT PROCEDURE. It shall be the duty of every owner, occupant, lessee, or mortgagee of real estate in the Municipality to keep such real estate free of public nuisances. Upon determination by the Board of Health that said owner, occupant, lessee, or mortgagee has failed to keep such real estate free of public nuisances, the Governing Body shall thereupon cause notice to be served upon the owner, occupant, lessee, mortgagee or agent thereof, by publi­cation and by certified mail. Such notice shall describe the condition as found by the Board of Health and state that said condition has been declared a public nuisance, and that the condition must be remedied at once. If the person receiving the notice has not complied therewith or taken an appeal from the determination of the Board of Health within five (5) days after receipt of certified mail or within five (5) days after date of pub­lication whichever is later, the Board of Health shall notify the Governing Body of such noncompliance and the Governing Body shall, upon receipt of such notice, cause a hearing date to be fixed and notice thereof to be served upon the owner, occu­pant, lessee, or mortgagee, or agent of the real estate. Such notice of hearing shall be by personal service or certified mail and require such party or parties to appear before the Govern­ing Body to show cause why such condition should not be found to be a public nuisance and remedied. A return of ser­vice shall be required by the Governing Body. Such notice shall be given not less than five (5) days prior to the time of hearing, provided that whenever the owner, lessee, occupant, or mort­gagee of such real estate is a non-resident or cannot be found in the State, then the Municipal Clerk shall publish, in a news­paper of general circulation in the Municipality, such notice of hearing for two (2) consecutive weeks, the last publication to be at least one (1) week prior to the date set for the hearing. Upon the date fixed for the hearing and pursuant to notice, the Gov­erning Body shall hear all objections made by interested parties and shall hear evidence submitted by the Board of Health. If after consideration of all of the evidence, the Governing Body shall find that the said condition is a public nuisance, it shall, by resolution, order and direct the owner, occupant, lessee, or mortgagee to remedy the said public nuisance at once: provid­ed, the party or parties may appeal such decision to the appro­priate court for adjudication, during which proceedings the decision of the Governing Body shall be stayed. Should the owner or occupant refuse or neglect to promptly comply with the order of the Governing Body, the Governing Body shall pro­ceed to cause the abatement of the described public nuisance. Upon completion of the work by the Municipality, a statement of the cost of such work shall be transmitted to the Governing Body, which is authorized to bill the property owner or occu­pant, or to levy the cost as a special assessment against the land. Such special assessment shall be a lien on the real estate and shall be collected in the manner provided for special assessments. (Ref. 18-1720 RS Neb.)

§4-304      NUISANCES: JURISDICTION. The Chairman and Chief of Police of the Municipality are directed to enforce this Municipal Code against all nuisances. The jurisdiction of the Chairman, Chief of Police, and court shall extend to. and the territorial application of this Chapter shall include, all terri­tory adjacent to the limits of the Municipality within one (1) mile thereof and all territory within the corporate limits. (Ref. 18-1720RS Neb.)

§5-812      PARKING: CURRENT LICENSE. It shall be un­lawful to park, or place on the streets, alleys, or other public property any motor vehicle without first securing a current li­cense as provided by law, and no such licensed motor vehicle shall be allowed to stand for a longer period than twenty-four (24) hours. (Ref 60-323 RS Neb.)

§5-513      PARKING: TIME LIMIT. The Governing Body may. by resolution, entirely prohibit, or fix a time limit for, the parking and stopping of vehicles on any street, streets, or dis­trict designated by such resolution, and the parking, or stop­ping. of any vehicle in any such street, streets, or district, for a period of time longer than fixed in such resolution shall consti­tute a violation of this Article. (Ref GO'680 RS Neb.)

Chapter 6 POLICE REGULATIONS

Article 1. Dogs

§6-101      DOGS: LICENSE. Any person who shall own, keep, or harbor a dog over the age of four (4) months within the Municipality shall within thirty (30) days after acquisition of the said dog acquire a license for each such dog annually by or before the first (1st) day of January of each year. The said tax shall be delinquent from and after May first (1st); provided, the possessor of any dog brought into or harbored within the corpo­rate limits subsequent to January first (1st) of any year, shall be liable for the payment of the dog tax levied herein and such tax shall be delinquent if not paid within ten (10) days there­after. Licenses shall be issued by the Municipal Clerk upon the payment of a license fee of one dollar twenty-five cents ($1.25) for a male dog or spayed female dog; two dollars and fifty cents ($2.50) for a female dog not spayed. Said license shall not be transferable and no refund will be allowed in case of death, sale, or other disposition of the licensed dog. The owner shall state at the time the application is made and upon printed forms provided for such purpose, his name and address and the name, breed, color, and sex of each dog owned and kept by him. A certificate that the dog has had a rabies shot, effective for the ensuing year of the license, shall be presented when the license is applied for and no license or tag shall be issued until the certificate is shown. (Ref. 17-526. 54-603. 71-4412 RS Neb,)

§6-102      DOGS: LICENSE TAGS. Upon the payment of the license fee, the Municipal Clerk shall issue to the owner of a dog a license certificate and a metallic tag for each dog so licensed. The metallic tags shall be properly attached to the collar or harness of all dogs so licensed and shall entitle the owner to keep or harbor the said dog until the thirty-first (31st) day of December following such licensing. In the event that a license tag is lost and upon satisfactory evidence that the origi­nal plate or tag was issued in accordance with the provisions herein, the Municipal Clerk shall issue a duplicate or new tag for the balance of the year for which the license tax has been paid and shall charge and collect a fee set by resolution of the governing body for each duplicate or new tag so issued. All > and collections shall be immediately credited to the General Fund. It shall be the duty of the Municipal Clerk to of a suitable design that are different in appearance (Ref. 17-526, 54-603 RS Neb.)

§6-103 DOGS; WRONGFUL LICENSING. It shall be unlawful for  the owner, keeper, or harborer of any dog to permit any dog to wear any license, metallic tag or other identification than that issued by the Municipal  Clerk for dogs. (Ref 17-526. 54-603 RS Neb.)

§6-104 DOGS; OWNER DEFINED. Any person who shall harbor or permit any dog to be for ten (10) days or more in or about his or her house, store, or enclosure, or to remain hall be deemed the owner and possessor of such dog )e deemed to be liable for all penalties herein prescribed. (Ref. 54-606, 71-4401 RS Neb.)

§6-105 DOGS: PROCLAMATION. It shall be the duty of the Governing Body whenever in its opinion the danger to the public safety from rabid dogs is great or imminent, to issue a proclamation ordering all persons owning, keeping, or harboring any dog to muzzle the same, or to confine it for a period not less than thirty (30) days or more than ninety (90) days ate of such proclamation, or until such danger is passed.  The dogs may be harbored by any good and sufficient mans in a house, garage, or yard on the premise wherein the said owner may reside.  Upon issuing the proclamation it shall be the duty of all persons owning, keeping, or harboring any dog to confine the same as herein provided. (Ref. 17-526 RS Neb.)

§6-106 DOGS; UNCOLLARED.  All dogs found running at large upon the streets and public grounds of the Municipality without a collar or harness are hereby declared a public nuisance.  Uncollared dogs found running at large shall be killed or notification shall be given to the owner by the Municipal Police. (Ref. 54-605 RS Neb.)

§6-107 DOGS; RUNNING AT LARGE.  It shall be unlawful for the owner of any dog to allow such dog to run at large at any time within the corporate limits of the Municipality. It shall be the duty of the Municipal Police to cause any dog found to be running at large within the Municipality to be taken up and the owner notified. "Running at Large" shall mean any dog found off the premise of the owner, and not under control of the owner or a responsible person, either by leash, cord, chain, wire, rope, cage of other suitable means of physical restraint.

§6-108      DOGS: CAPTURE IMPOSSIBLE. The Municipal Police shall have the authority to kill any animals showing vicious tendencies, or characteristics of rabies which make cap­ture impossible because of the danger involved. (Ref. 54-605 RS Neb.)

§6-109      DOGS: VICIOUS: DANGEROUS. It shall be un­lawful for any person to own, keep. harbor or allow to be in or upon any premises occupied by him or her, or under his or her charge or control within the corporate limits of the Municipali­ty, any dog of a cross, dangerous, or ferocious disposition as manifested by biting, habitual snapping, or growling or other­wise acting so as to endanger any person or domestic animal:

(a)   Said dog is secured on the premises of the owner by a chain, enclosed kennel, or fence at least six (6') feet in height, so that the dog cannot be closer than six (61 feet to the public street, sidewalk or property line;

(b)  Said dog is secured in such a manner that it cannot go beyond the property line of the owner; and

(c)   Said dog Is secured in such a manner that it will not injure or pose a threat of injury to any person who is law­fully on the premises of the owner.

§6-110      DOGS: INTERFERENCE WITH POLICE. It shall be unlawful for any person to hinder, delay, or interfere with any Municipal Policeman who is performing any duty enjoined upon him by the provisions of this Article, or to break open, or in any manner directly or indirectly aid, counsel, or advise the breaking open of the animal shelter, any ambulance wagon, or other vehicle used for the collecting or conveying of dogs. (Ref. 28-906 RS Neb.)

§6-111      DOGS: KILLING AND POISONING. It shall be unlawful to kill, or to administer, or cause to be administered, poison of any sort to a dog, or in any manner to injure, malm, or destroy, or in any manner attempt to injure, maim, or destroy any dog that is the property of another person, or to place any poison, or poisoned food where the same is accessible to a dog; Provided, that this Section shall not apply to Munici­pal Policemen acting within their power and duty. (Ref. 28-1002 RS Neb.)

§6-112      DOGS: BARKING AND OFFENSIVE. It shall be unlawful for any person to own, keep, or harbor any dog which by loud, continued, or frequent barking, howling, or yelping shall annoy or disturb any neighborhood, or person, or which habitually barks at or chases pedestrians, drivers, or owners of horses or vehicles while they are on any public sidewalks, streets, or alleys in the Municipality. Upon the written com­plaint of two (2) or more affected persons from different house­holds, filed within any thirty (30) day period with the Municipal Clerk, that any dog owned by the person named in the com­plaint is an annoyance or disturbance, or otherwise violates the provisions of this Section the Municipal Police shall investigate the complaint and, if in their opinion the situation warrants, shall notify the owner to silence and restrain such dog. (Ref. 17-526 RS Neb.)

§6-113      DOGS: FEMALE IN: SEASON. It is hereby declared unlawful for the owner, keeper, or harborer of a female dog to permit her to run at large within the Municipality while in season. Any such female dog found running at large in viola­tion of this Section shall be declared to be a public nuisance and as such may be removed or killed according to the provi­sions herein. (Ref. 17-526 RS Neb.)

§6-114      DOGS: FIGHTING. It shall be unlawful for any person, by agreement or otherwise, to set dogs to fighting, or by any gesture or word to encourage the same to fight. (Ref 17-526 RS Neb.)

§6-115      DOGS: LIABILITY OF OWNER. It shall be un­lawful for any person to allow a dog owned, kept, or harbored by him, or under his charge or control, to injure or destroy any real or personal property of any description belonging to anoth­er person. The owner or possessor of any such dog. in addition to the usual judgment upon conviction, may be made to be liable to the persons so injured in an amount equal to the value of the damage so sustained. (Ref 54-601, 54-602 RS Neb.)

§6-116      DOGS: REMOVAL OF TAGS. It shall be unlawful for any person to remove or cause to be removed, the collar, harness, or metallic tag from any licensed dog without the con­sent of the owner, keeper, or possessor thereof. (Ref. 17-526 RS Neb.)

§6-117      DOGS: RABIES SUSPECTED. Any dog suspect­ed of being afflicted with rabies, or any dog not vaccinated in accordance with the provisions of this Article which has bitten any person and caused an abrasion of the skin, shall be seized and impounded under the supervision of the Board of Health for a period of not less than ten (10) days. If upon examination by a veterinarian, the dog has no clinical signs of rabies at the end of such impoundment, it may be released to the owner, or, in the case of an unlicensed dog, it shall be disposed of in accordance with the provisions herein. If the owner of the said dog has proof of vaccination, it shall be confined by the owner or some other responsible person for a period of at least ten (10) days, at which time the dog shall be examined by a licensed veterinarian. If no signs of rabies are observed, the dog may be released from confinement. (Ref 71-4406 RS Neb.)

§6-118     DANGEROUS DOGS: DEFINITIONS.

Animal Control Authority shall mean an entity authorized to enforce the animal control laws of a municipality.

Animal Control Officer shall mean any individual employed, appointed, or authorized by an animal control authority for the purpose of aiding in the enforcement of this act or any other law or ordinance relating to the licensing of animals, control of animals, or seizure and impoundment of animals and shall include any state or local law enforcement or other employee whose duties in whole or in part include assignments that involve the seizure and impoundment of any animal.

Dangerous Dog shall mean any dog that, according to the

records of an animal control authority:

a. has killed or inflicted severe injury on a human being of public or private property;

b. has killed a domestic animal without provocation while the dog was off the owner's property: or

c. has been previously determined to be a potentially danger­ous dog by an animal control authority and the owner has received notice of such determination and such dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals. A dog shall not be defined as a dangerous dog if the threat, any injury that is not a severe injury, or the damage was sustained by a person who, at the time, was committing a willful trespass as defined in section 20-203. 28-520. or 28-521 or any other tort upon the property of the owner of the dog, who was tormenting. abusing, or assaulting the dog, who has, in the past, been observed or reported to have tormented, abused, or assault­ed the dog, or who was committing or attempting to commit a crime:

Domestic Animal shall mean a cat, a dog, or livestock:

Owner shall mean any person, firm, corporation, organization, political subdivision, or department possessing, harboring. keeping, or having control or custody of a dog:

Potentially Dangerous Dog shall mean:

a. any dog that when unprovoked;

(i)   inflicts a nonsevere injury on a human or injures a do­mestic animal either on public or private property, or:

(ii)  chases or approaches a person upon streets, side­walks, or any public grounds In a menacing fashion or: 

apparent attitude of attack, or;

b. any specific dog with a known propensity, tendency, or dis­position to attack when unprovoked, to cause Injury, or to threaten the safety of humans or domestic animals; and

Severe Injury shall mean any physical Injury that results In dis­figuring lacerations requiring multiple sutures or cosmetic surgery or one or more broken bones or that creates a potential danger to the life or health of the victim. (Ref. 54-617 RS Neb.)

§6-119      DANGEROUS DOGS; RESTRAINED. No owner of a dangerous dog shall permit the dog to go beyond the prop­erty of the owner unless the dog is restrained securely by a chain or leash. (Ref 54-618 RS Neb.)

§6-120      DANGEROUS DOGS; CONFINED. While unat­tended on the owner's property, a dangerous dog shall be securely confined, in a humane manner, indoors or in a secure­ly enclosed and locked pen or structure suitably designed to prevent the entry or young children and to prevent the dog from escaping. The pen or structure shall have secure sides and a secure top. If the pen or structure has no bottom secured to the sides, the sides shall be embedded into the ground. The pen or structure shall also protect the dog from the elements. The owner of a dangerous dog shall post a warning sign on the property where the dog is kept that is clearly visible and that informs persons that a dangerous dog is on the property. (Ref. 54-619 RS Neb.)

§6-121     DANGEROUS DOGS; FAILURE TO COMPLY.

Any dangerous dog may be immediately confiscated by an ani­mal control officer if the owner is in violation of this article. The owner shall be responsible for the reasonable costs in­curred by the animal control authority for the care of a danger­ous dog confiscated by an animal control officer or for the destruction of any dangerous dog if the action by the animal control authority is pursuant to law and if the owner violated this article.  In addition to any other penalty, a court may order the animal control authority to dispose of a dangerous dog In an expeditious and humane manner. (Ref. 54-620 RS Neb.)

§6-122      DANGEROUS DOG; ADDITIONAL REGULA­TIONS. Nothing In this article shall be construed to restrict or prohibit any governing body of the municipality from establish­ing and enforcing laws or ordinances at least as stringent as the provisions of this article. (Ref. 54-624 RS Neb.)

§6-123      DOG POLICY: CLASSIFICATIONS. This policy shall pertain to dogs within the village of Elm Creek, Nebraska. For purposes of the policy, dogs will be classified as follows:

A. Stray Dogs - Unlicensed dogs running at large - also per­tains to dogs with no collar and current tags attached.

B. Dogs At Large - Licensed dogs running at large - dogs must have collar and current tags attached.

C. Vicious Or Rabid Dogs - Any dog showing vicious tenden­cies or characteristics of rabies can be killed by deputies. This shall also pertain to dog bites and uncontrollable dogs.

§6-124      DOG POLICY: IMPOUNDMENTS. No dog is to be allowed off the owners property unless it is being accompa­nied by the owner or a responsible person. Any dog found off the owners property and not with the owner or a responsible person, either by leash, cord, chain, wire, rope, cage or other suitable means of physical restrain.

A. Stray Dogs - Strays are to be transported to the Elm Creek Animal Clinic. Transports can be done anytime twenty-four hours a day.

B. Dogs at Large - These dogs are to be picked up and trans­ported to the Elm Creek Animal Clinic for impounding. For purposes of impoundment, these dogs will be treated in the same manner as a stray dog. Dogs at large can be trans­ported anytime twenty-four hours a day. Due to the fact that the dog should have a collar and current tag on it at this time, be sure to record tag information for records and notifications.

§6-125      DOG POLICY: NOTIFICATION. In order to assure proper notification of dogs that have been impounded, Deputies need to be consistent with the following guidelines:

A. Notification of Animal Clinic - When a stray dog is Impound­ed at the Elm Creek Animal Clinic, notification needs to be left with their staff. Animal Clinic hours are Monday-Fri­day, 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 4:00 p.m. If you transport a dog during these hours, notify a clinic employee, by stopping in at the office with the nec­essary information. This information should include the following:

1. CR number

2. Location where dog was picked up

3. Description of the dog

4. Time and date picked up

5. Deputy handling case

6. Any special instructions if necessary

7. Location dog is being held

8. Tag number, if dog at large

B. In the event that a dog at large is transported to the Elm Creek Animal Clinic, make sure all Information listed above is included on the deputies services report that is made for the case. Also include any other information you feel may be needed for the case report in regard to other violations or previous warnings for the same dog.

C. In the event of an impound after business hours, the Ani­mal Clinic has several dog runs located on the north side of the building. Find an empty pen and put the dog inside. Prior to leaving, write down the above information, place in an envelope, and tape to the door of the Animal Clinic.

to assure that the stray dog or dog at large is transported and lodged properly. If for some reason the originating or assigned deputy can not make the transport or record the Information needed for impoundment, he should be responsible to see that It is done by another deputy or responsible party (such as in special cases). When transporting dogs deputies should use caution to avoid injury to themselves and the animal they are transporting.

§6-126 DOG POLICY: CLAIMING DOGS. Anytime a dog is impounded, deputies are to make contact with the owner, if known, and Inform him/her that their dog was impounded and the procedure for claiming their dog. Deputies are to be consistent with their handling of these matters. The procedure for claiming dogs and the penalties are as follows:

A. First Offense - Warnings will be issued for all first offense violations when a stray dog or dog at large is Impounded.  The warnings will be a documented letter mailed to the owner by the Village Clerk and shall contain a copy of the ordinance and the penalty for a second or subsequent offense. When a deputy has Identified the dogs owner, he should contact the owner and advise him/her of the impoundment and forward their name and address to the Village Clerk. The Village Clerk will then mail a warning to the owner of the dog. Deputies should document the time and date of the contact in regard to the warning and forward this information to the Village Clerk.

1. Stray Dogs - Strays will need to be licensed prior to being released from impoundment. The cost for licens­ing is $1.25 for males and $2.50 for females. Owners must also produce proof of rabies vaccination prior to the dog being released. This vaccination is necessary every three years. Current rates for vaccination charges and impoundments will be used and a list of such charges will be available at the Village Municipal Clerk office. Strays will be kept for a maximum of three days prior to being destroyed. This time period will not include days that the Elm Creek Vet Clinic is closed, such as weekends (Sunday and Holidays).

2. Dogs at Large - These dogs should already be licensed and have a collar with current tag attached. The owners should be able to be identified by registration informa­tion. As a result, deputies should make contact with the owner, advise them to pick up their dog at the Elm Creek Vet Clinic, for forward the information to the Village Clerk so that a warning can be mailed to them and documented.

B. Second or Subsequent Offense - Any dog, regardless if stray or dog at large, which has been impounded a second or subsequent time, will be released to the owner only after the owner has received a citation for Village Ordinance 6-107 "Dogs; Running at Large." Deputies should check with the Village Clerk to determine if strays or dogs at large have been impounded prior to the release of the dog. If the owner of the dog is present to claim the dog and determina­tion as to the previous violations cannot be established (such as during the evening hours), the deputy should con­tact the Village Clerk to determine the status of the dog. The fine for Ordinance 6-107 is $20.00. and can be paid by waiver. Also, as with first offense impoundments, the same fees for the Elm Creek Vet Clinic will apply. All information in regard to citations issued and dogs impounded shall be forwarded to the Village Clerk by the deputies. It is also necessary to notify dispatch in the cases so the information can be recorded on B-Page.

§6-127      DOG POLICY: CATS. For purposes of this poli­cy, only stray cats will be impounded by deputies. This will be done at the Elm Creek Vet Clinic. In the event that problems with cats are reported, deputies should make all reasonable attempts to catch these cats by hand or live trap, and transport them to the Elm Creek Vet Clinic. The same policy for notifica­tion will apply here.

Misdemeanors

§6-305 MISDEMEANORS; MAINTAINING A NUISANCE. It shall be unlawful for any person to erect, keep up or continue and maintain any nuisance to the injury of any part of the citizens of the Municipality. (Ref. 18-1720, 28-1321 RS Neb.)

§6-306 MISDEMEANORS: PROHIBITED FENCES. It shall be unlawful for any person to erect, or cause to be erected, and maintain any barbed wire or electric fence within the corporate limits, without plying for and receiving an appropriate permit to erect and maintain id fence. (Ref. 18-1720, 28-1 J27, 39-307 RS Ne.,) (Amended by Ord. No.440, 6/17/93}

§6-307 MISDEMEANORS: APPLIANCES IN YARD. It shall be lawful for any person to permit a refrigerator, icebox, freezer, or any other dangerous appliance to be in the open and accessible to children whether on private or public property unless he shall first remove all doors and make the same reasonably safe. (Ref, 18-1720, '-1321 RS Neb.)

§6-308 MISDEMEANORS: WEEDS. LITTER. STAGNANT WATER.   (1) Lots or pieces of ground within the Village shall be drained or filled so as to prevent stagnant water or any other nuisance accumulating thereon.

(2) The owner or occupant of any lot or piece of ground within ? Village shall keep the lot or piece of ground and the adjoining eets and alleys free of any growth of twelve (12) inches or more in ight of weeds, grasses, or worthless vegetation.

(3) The throwing, depositing, or accumulation of litter on any lot piece of ground within the Village is prohibited, except that grass, ives, and worthless vegetation may be used as a ground mulch or in compost pile.

(4) It is hereby declared to be a nuisance to permit or maintain y growth of twelve (12) inches or more in height of weeds, grasses, worthless vegetation or to litter or cause litter to be deposited or nain thereon except in proper receptacles.

(5) Any owner or occupant of a lot or piece of ground shall, on conviction of violating this section, be guilty of an offense.

(6) (a) Notice to abate and remove such nuisance shall be given each owner or owner's duly authorized agent and to the occupant, any, by personal service or certified mail. If notice by personal service or certified mail is unsuccessful, notice shall be given publication in a newspaper of general circulation in the Village or conspicuously posting the notice on the lot or ground upon which nuisance is to be abated and removed. Within five (5) days after receipt of such notice or publication or posting, whichever applicable, if the owner or occupant of the lot or piece of ground does not request a hearing with the Village or fails to comply with the or to abate and remove the nuisance, the Village may have such work done. The costs and expenses of any such work shall be paid by owner.

(b) If unpaid for two (2) months after such work is done, Village may either:

1.  Levy and assess the costs and expenses of the w< upon the lot or piece of ground so benefited in the same manner other special taxes for improvements are levied and assessed; or

2.  Recover in a civil action the costs and expenses the work upon the lot or piece of ground and the adjoining streets and alleys.

(7) For purposes of this section:

(a) LITTER includes, but is not limited to:

1.  Trash, rubbish, refuse, garbage, paper, rags and ashes;

2. Wood, plaster, cement, brick, or stone build rubble;

3.  Grass, leaves, and worthless vegetation;

4. Offal and dead animals; and

5. Any machine or machines, vehicle or vehicles, or parts of a machine or vehicle which have lost their identity, character, utility, or serviceability as such trough deterioration, dismantling, or the ravages of time, are inoperative or unable to perform their intended functions, or are cast off, discarded, or thrown away or left as waste, wreckage, or junk; and

(b) WEEDS includes, but not limited to, bindweed (Convolvulus arvensis), puncture vine (Tribulus terrestris), leafy spurge (Euphorbia esula), Canada thistle (Cirsium arvesnse), perennial