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Municipal Codeof theCity ofSewardCOUNTY OF SEWARDSTATE OF NEBRASKASERIAL NO.GENERAL CODEwww.generalcode.com2017
PREFACEThe recording of local law is an aspect of community history; and as the community develops andchanges, review and revision of old laws and consideration of new laws, in the light of currenttrends, must keep pace. The orderly collection of these records is an important step in this evercontinuing process. Legislation must be available and logically arranged for convenient use andmust be kept up to date.Contents of CodeThe various chapters of the Code contain all currently effective legislation of a general and permanent nature, including revisions or amendments. The Disposition List contains a listing of legislation and its placement in the Code or the reason for its exclusion, and indicates the most recentlegislation reviewed for inclusion in the Code. The Appendix is reserved for certain forms of local legislation that are not general and permanent in nature but are of significance to the community or conduct of government.Reserved ChaptersUnassigned chapter numbers do not appear in the Table of Contents but are available for assignment to new subject matter in a way that maintains the Code structure.Numbering of SectionsA numbering system is applied to all sections. The first number indicates the chapter number andthe second number indicates the location of the section within that chapter.HistoriesHistories indicate the specific legislative source from which the content was derived, includingthe enactment number, if pertinent, and the date of adoption. Legislative histories may be found atthe chapter, article, section and/or subsection level, as appropriate.AcknowledgmentThe assistance of the community officials is gratefully acknowledged by the editor. The codification of legislation reflects an appreciation of the needs of a progressive and expanding community. It is the profound conviction of General Code that this publication will contribute significantlyto the efficient administration of local government.i11 - 01 - 2017
TABLE OF CONTENTSPART I: ADMINISTRATIVE LEGISLATION1.General Provisions . 1:1Article IArticle IIArticle IIIArticle IVAdoption of CodeCorporate SealGeneral PenaltyEnforcement and Arrest7.Administration of Government . 7:112.Boards, Commissions and Committees . 12:1Article IArticle IIArticle IIIArticle IVArticle VArticle VIArticle VIIArticle VIIIArticle IXArticle XArticle XIArticle XIIStanding CommitteesLibrary BoardPlanning CommissionParks and Recreation CommissionersCemetery BoardHousing AuthorityPlumbing ExaminersAirport AuthorityCivic Center CommissionCivil Service CommissionTree BoardCommunity Redevelopment Authority19.Cemetery . 19:128.Economic Development Plan. 28:132.Elections . 32:140.Fire Department . 40:144.Fiscal Management . 44:151.Health Regulations . 51:159.Intergovernmental Cooperation . 59:1Article I72.Risk ManagementLegislation . 72:1Article IArticle IIOrdinances, Resolutions and OrdersInitiatives and Referenda78.Meetings . 78:185.Officers and Employees . 85:1Part 1Part 2Part 391.Elected OfficialsAppointed OfficialsBonds and OathsPension Plans . 91:1iii11 - 01 - 2017
SEWARD CODE95.Personnel. 95:1Article IArticle II100.Purchasing and Contracts. 100:1Article I113.Civil Service RulesBoard Compliance with Uniform Personnel PoliciesConflicts of InterestSalaries and Compensation . 113:1PART II: GENERAL LEGISLATION205.Alcoholic Beverages . 205:1Article IArticle II209.Amusements . 209:1Article IArticle II213.Possession and ConsumptionLicensingMotion-Picture ShowsAmusement DevicesAnimals . 213:1Article IArticle IIArticle IIIArticle IVDogsOther AnimalsExotic Animals; Animal ControlDangerous Dogs220.Bingo. 220:1225.Building Construction . 225:1237.Electrical System . 237:1244.Fair Housing . 244:1248.Firearms and Explosives . 248:1Article IArticle IIFirearmsFireworks252.Fire Prevention. 252:1256.Fishing . 256:1260.Franchises . 260:1Article INatural Gas Franchise271.Junk and Junk Dealers . 271:1278.Library . 278:1284.Nuisances . 284:1iv11 - 01 - 2017
TABLE OF CONTENTS290.Offenses . 290:1Article IArticle IIArticle IIIArticle IVArticle VArticle VIArticle VIIArticle VIIIArticle IX299.Parks and Recreation Areas . 299:1Article I303.Miscellaneous OffensesOffenses Against the PersonOffenses Against PropertyOffenses Involving FraudOffenses Relating to MoralsOffenses Involving Integrity and Effectiveness of Government OperationGamblingObstructionsConduct at FiresTobacco UsePeddling and Soliciting . 303:1Article IItinerant Sales308.Property, Seized and Abandoned . 308:1315.Railroads . 315:1325.Sewers . 325:1327.Sex Offenders . 327:1329.Sexually Oriented Businesses . 329:1335.Solid Waste . 335:1Article IArticle IIArticle IIICollection and DisposalGarbage CollectorsDumping Grounds340.Streets, Sidewalks and Municipal Property . 340:1344.Subdivision of Land . 344:1Article I350.Taxation . 350:1Article IArticle II355.AnnexationsSales and Use TaxOccupation TaxTobacco Products . 355:1Article IArticle IIPossession and UseSales360.Trailer Courts . 360:1364.Trees . 364:1370.Utilities . 370:1377.Vehicles, Abandoned and Wrecked . 377:1Article IArticle IIAbandoned VehiclesWrecked Vehiclesv11 - 01 - 2017
SEWARD CODE382.Vehicles and Traffic. 382:1390.Water. 390:1394.Weeds and Vegetation . 394:1PART III: LAND DEVELOPMENT410.Zoning and Subdivision . 410:1APPENDIXDERIVATION LISTDISPOSITION LISTINDEXvi11 - 01 - 2017
PART IADMINISTRATIVELEGISLATION
Chapter 1GENERAL PROVISIONSARTICLE IAdoption of CodeARTICLE IVEnforcement and ArrestARTICLE IICorporate Seal§ 1-4.1. Authority to enforce laws.§ 1-4.2. Authority beyond primaryjurisdiction.§ 1-2.1. Custody; inscription.§ 1-4.3. Drug or alcohol violations.§ 1-2.2. Use.§ 1-4.4. Disasters and emergencies.ARTICLE IIIGeneral Penalty§ 1-3.1. Violations and penalties.[HISTORY: Adopted by the City Council of the City of Seward as indicated in articlehistories. Amendments noted where applicable.]ARTICLE IAdoption of Code[An ordinance to adopt the Municipal Code of the City of Seward will be adopted bythe Mayor and City Council. Upon adoption, it will be included as Article I of thischapter.]ARTICLE IICorporate Seal[Adopted as Ch. 1, Art. 5, of the 1976 Code]§ 1-2.1. Custody; inscription.The Official Corporate Seal of the municipality shall be kept in the office of the MunicipalClerk, and shall bear the following inscription: "Seal, City of Seward, Nebraska, IncorporatedApril 5, 1870." (Neb. RS 16-115)§ 1-2.2. Use.The Municipal Clerk shall affix an impression of the Official Seal to all warrants, licenses,permits, ordinances, and all other official papers issued by order of the governing body andcountersigned by the Municipal Clerk.1:111 - 01 - 2017
§ 1-3.1SEWARD CODE§ 1-4.2ARTICLE IIIGeneral Penalty[Adopted as Ch. 1, Art. 13, of the 1976 Code]§ 1-3.1. Violations and penalties. [Amended 9-17-1996 by Ord. No. 31-961 ]Any person who violates any of the prohibitions or provisions of this Code shall be deemedguilty of a violation of a municipal ordinance. Unless otherwise specified in the particulararticle or section which the person stands convicted of violating, the penalty for such violationshall be in any amount not to exceed 500 for any one offense, recoverable with costs; and indefault of said payment, the offender shall stand committed to the County Jail until such fineand costs are paid. Each period of 24 hours during or on which a violation occurs or continuesshall be deemed a separate offense.(Neb. RS 16-246)ARTICLE IVEnforcement and Arrest[Adopted as Ch. 6, Art. 6, of the 1976 Code; amended 2-21-1995 by Ord. No. 17-95;11-17-1998 by Ord. No. 46-98; 8-4-2004 by Ord. No. 18-04]§ 1-4.1. Authority to enforce laws.Every municipal law enforcement officer has the power and authority to enforce the laws ofthis state and the municipality or otherwise perform the functions of that office anywherewithin his or her primary jurisdiction. "Primary jurisdiction" means that geographic areawithin the territorial limits of the municipality.§ 1-4.2. Authority beyond primary jurisdiction.Any municipal law enforcement officer who is within this state, but beyond his or her primaryjurisdiction, has the power and authority to enforce the laws of this state or any legalordinance of any city or incorporated village or otherwise perform the functions of his or heroffice, including the authority to arrest and detain suspects, as if enforcing the laws orperforming the functions within his or her primary jurisdiction in the following cases:A.Any municipal law enforcement officer, if in a fresh attempt to apprehend a personsuspected of committing a felony, may follow such person into any other jurisdiction inthis state and there arrest and detain such person and return such person to the officer'sprimary jurisdiction;B.Any municipal law enforcement officer, if in a fresh attempt to apprehend a personsuspected of committing a misdemeanor or a traffic infraction, may follow such personanywhere in an area within 25 miles of the boundaries of the officer's primaryjurisdiction and there arrest and detain such person and return such person to the officer'sprimary jurisdiction;1.Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).1:211 - 01 - 2017
§ 1-4.2C.D.GENERAL PROVISIONS§ 1-4.3Any municipal law enforcement officer has such enforcement and arrest and detentionauthority when responding to a call in which a local, state, or federal law enforcementofficer is in need of assistance. A "law enforcement office in need of assistance" shallmean:(1)A law enforcement officer whose life is in danger; or(2)A law enforcement officer who needs assistance in making an arrest and thesuspect:(a)Will not be apprehended unless immediately arrested;(b)May cause injury to himself or herself or others or damage to property unlessimmediately arrested; or(c)May destroy or conceal evidence of the commission of a crime; andIf the municipality, under the provisions of the Interlocal Cooperation Act (Neb. RS13-801 et seq.) or the Joint Public Agency Act (Neb. RS 13-2501 et seq.), enters intocontract with any other municipality or county for law enforcement services or joint lawenforcement services, law enforcement personnel may have such enforcement authoritywithin the jurisdiction of each of the participating political subdivisions if provided for inthe agreement. Unless otherwise provided in the agreement, the municipality shallprovide liability insurance coverage for its own law enforcement personnel as provided inNeb. RS 13-1802.§ 1-4.3. Drug or alcohol violations. 2When probable cause exists to believe that a person is operating or in the actual physicalcontrol of any motor vehicle, motorboat, personal watercraft, or aircraft while under theinfluence of alcoholic liquor or of any drug or otherwise in violation of Neb. RS 28-1465,28-1466, 28-1472, 37-1254.01, 37-1254.02, 60-4, 163, 60-4, 164, 60-6, 196, 60-6, 197, 60-6,211.01, or 60-6, 211.02, a municipal law enforcement officer has the power and authority todo any of the following or any combination thereof:A.Transport such person to a facility outside of the law enforcement officer's primaryjurisdiction for the appropriate chemical testing of the person;B.Administer outside of the law enforcement officer's primary jurisdiction any post-arresttest advisement to the person; orC.With respect to such person, perform other procedures or functions outside of the lawenforcement officer's primary jurisdiction which are directly and solely related toenforcing the laws that concern a person operating or being in the actual physical controlof any motor vehicle, motorboat, personal watercraft, or aircraft while under theinfluence of alcoholic liquor or of any other drug or otherwise in violation of Neb. RS28-1465, 28-1466, 28-1472, 37-1254.01, 37-1254.02, 60-4, 163, 60-4, 164, 60-6, 196,60-6, 197, 60-6, 211.01, or 60-6, 211.02. (Neb. RS 29-215)2.Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).1:311 - 01 - 2017
§ 1-4.4SEWARD CODE§ 1-4.4§ 1-4.4. Disasters and emergencies.If municipal law enforcement personnel are rendering aid in their law enforcement capacityoutside the limits of the municipality in the event of a disaster, emergency, or civil defenseemergency or in connection with any program of practice or training for such disaster,emergency, or civil defense emergency when such program is conducted or participated in bythe Nebraska Emergency Management Agency or with any other related training program, thelaw enforcement personnel have the power and authority to enforce the laws of this state orany legal ordinances or resolutions of the local government where they are rendering aid orotherwise perform the functions of their office, including the authority to arrest and detainsuspects, as if enforcing the laws or performing the functions within their primary jurisdiction.The municipality shall self-insure or contract for insurance against any liability for personalinjuries or property damage that may be incurred by it or by its personnel as the result of anymovement made pursuant to this section.(Neb. RS 81-829.65, 29-215)1:411 - 01 - 2017
Chapter 7ADMINISTRATION OF GOVERNMENTARTICLE IGeneral Provisions§ 7-1.2. Service of process.§ 7-1.3. Powers.§ 7-1.4. Codification of ordinances.§ 7-1.1. Corporate existence; governinglaws.§ 7-1.5. Emergency Succession Act.[HISTORY: Adopted by the City Council of the City of Seward as Ch. 1, Art. 1, of the1976 Code. Amendments noted where applicable.]ARTICLE IGeneral Provisions§ 7-1.1. Corporate existence; governing laws.The City of Seward, Nebraska is hereby found and declared to be a City of more than 5,000persons. The municipality shall be governed by the laws of Nebraska regulating Cities of theFirst Class. (Neb. RS 16-101)§ 7-1.2. Service of process. [Amended 8-21-1984 by Ord. No. 16-84]All process affecting the municipality may be served by personal, residence, or certified mailservice upon the Chief Executive Official or the Clerk. [Neb. RS 16-115, 25-510.02(2)]§ 7-1.3. Powers. 1The municipality is a body corporate and politic. It shall have the power to sue and be sued;to purchase, lease, lease with option to buy or acquire by gift or devise, and to hold real andpersonal property within or without the corporate limits of the municipality, and real estatesold for taxes for the use of the municipality in such manner and upon such terms andconditions as may be deemed in the best interests of the municipality; to sell and convey,exchange, or lease any real or personal property owned by the City, including park land, insuch manner and upon such terms and conditions as may be deemed in the best interests ofthe City, except that real estate owned by the City may be conveyed without consideration tothe State of Nebraska for state armory sites or, if acquired for state armory sites, shall beconveyed in the manner strictly as provided in Neb. RS 18-1001 to 18-1006; to make allcontracts and do all other acts in relation to the property and concerns of the City necessary tothe exercise of its corporate powers; and to exercise such other and further powers as may beconferred by law. (Neb. RS 16-201)1.Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).7:111 - 01 - 2017
§ 7-1.4SEWARD CODE§ 7-1.5§ 7-1.4. Codification of ordinances.The municipality shall have the power to revise the ordinances of the municipality from timeto time and publish the same in book form. The revision shall be evidenced by a generalcodification ordinance which shall embrace all ordinances preserved as changed or added toand perfected by revision and shall embrace all the ordinances of every nature preserved, andbe a repeal of all ordinances in conflict with such revision. All ordinances in force at the timeof the codification shall continue in force for the purpose of all rights acquired, fines,penalties, forfeitures, and liabilities incurred. (Neb. RS 16-247)§ 7-1.5. Emergency Succession Act.In accordance with the term and conditions of the Nebraska General Emergency SuccessionAct, the governing body hereby declares that it is necessary and advisable to invoke theprovisions of said Act in the municipality. The provisions of the Act are binding on the officeof the municipal government, whether now in office or hereafter elected or appointed. (Neb.RS 84-1101 through 84-1117)7:211 - 01 - 2017
Chapter 12BOARDS, COMMISSIONS AND COMMITTEESARTICLE IStanding Committees§ 12-1.1.ARTICLE VIHousing AuthorityAging Services Commission.ARTICLE IILibrary Board§ 12-2.1.Membership, operation andduties.§ 12-2.2.Library operation and funding.§ 12-2.3.Annual report.§ 12-6.1.Membership, operation andduties.§ 12-6.2.Continued existence of priorhousing agency.ARTICLE VIIPlumbing Examiners§ 12-7.1.ARTICLE IIIPlanning Commission§ 12-3.1.Membership; terms; vacancies.§ 12-3.2.Compensation; organization;powers and duties.§ 12-3.3.Alternate members.ARTICLE VIIIAirport Authority§ 12-8.1.Membership, operation,powers and duties.§ 12-4.2.Park operation and funding.ARTICLE VCemetery Board§ 12-5.1.Membership.§ 12-5.2.Officers.§ 12-5.3.Operation; powers and duties.§ 12-5.4.Limitations on membership.Membership; scope ofauthority.ARTICLE IXCivic Center CommissionARTICLE IVParks and Recreation Commissioners§ 12-4.1.Membership; authority tocreate and enforce rules andregulations.§ 12-9.1.Creation and purpose.§ 12-9.2.Membership.§ 12-9.3.Officers.§ 12-9.4.Finances.§ 12-9.5.Powers and duties.ARTICLE XCivil Service Commission§ 12-10.1. Scope of authority; limitations.§ 12-10.2. Membership, operation andduties.12:111 - 01 - 2017
§ 12-1.1SEWARD CODEARTICLE XITree Board§ 12-1.1ARTICLE XIICommunity Redevelopment Authority§ 12-11.1. Establishment; membership.§ 12-12.1. Findings; establishment.§ 12-11.2. Terms, compensation, dutiesand responsibilities; Tree Plan.§ 12-12.2. Membership.§ 12-11.3. Operation.[HISTORY: Adopted by the City Council of the City of Seward as indicated in articlehistories. Amendments noted where applicable.]GENERAL REFERENCESCemetery — See Ch. 19.Meetings — See Ch. 78.Officers and employees — See Ch. 85.Personnel — See Ch. 95.ARTICLE IStanding Committees[Adopted as Ch. 2, Art. I, of the 1976 Code]§ 12-1.1. Aging Services Commission. 1 [Added 6-18-1991 by Ord. No. 16-91; amended8-6-1991 by Ord. No. 21-91; 2-2-1999 by Ord. No. 2-99; 2-20-2001 by Ord. No. 4-01;2-17-2009 by Ord. No. 1-09]A.It is the purpose of this section to authorize provision for a varied program of groupactivities and services for senior citizens, and to develop the organizational and financialsupport within the community to ensure long-term stability and continuity of saidprogram by the utilization of all federal and state grants and funding available, and feesand assessments from the participants of the program.B.The Mayor, with the advice and consent of the Council, shall appoint the initial SewardAging Services Commission, consisting of nine members, five of whom will serve fromthe appointment through the first Tuesday in January, 1993; and four of whom shallserve from the date of their appointment through the first Tuesday in January, 1994.Thereafter, the Mayor, with the advice and consent of the Council, shall appoint allfuture Commission members for a term of two years. No member shall serve more thantwo consecutive terms. One member of the Seward Aging Services Commission shall bea member of the City Council, which member shall have no voting privileges.C.The Seward Aging Services Commission shall serve without compensation. At the timeof its initial meeting following appointment of its members, and on its first meeting inJanuary of each succeeding year, the Commission shall organize by election of aChairperson, Secretary and any additional officer deemed necessary, and they shallreview their duties as members of the Commission. No member may serve in more thanone office. The Secretary shall keep full and correct minutes and record of all meetings1.Editor's Note: Original Sec. 2-102 of the 1976 Code, Assignment of pending items and subjects, as amended, whichimmediately preceded this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).12:211 - 01 - 2017
§ 12-1.1BOARDS, COMMISSIONS AND COMMITTEES§ 12-2.1and file the same with the Municipal Clerk, where they shall be available for publicinspection within 10 working days, or prior to the next convened meeting, whicheveroccurs earlier. An additional 10 days shall be allowed for providing the minutes in theevent of the Secretary's serious illness or an emergency which prevents him/her fromwriting such minutes.D.A majority of the Seward Aging Services Commission voting members shall constitute aquorum for the transaction of business. It shall meet on the second Tuesday of eachmonth or at such other time as shall be determined by the Commission. Special meetingsmay be held upon the call of the Chairperson or any four members of the Commission,but notice of such meeting shall be communicated to all members of the Commission atleast 48 hours prior to special meetings.E.The City Administrator shall hire all employees of the Seward Aging ServicesCommission, including the Manager. The City Administrator, when screening,interviewing, and hiring all employees of the Seward Aging Services Commission,including the Manager, shall consult with and seek input from the Chairperson of theSeward Aging Services Commission or a person designated by the Commission. Theday-to-day supervision of employed personnel shall be the shared responsibility of theSeward Aging Services Commission Chairperson, or a person designated by theCommission, and the City Administrator. All actions of the Seward Aging ServicesCommission shall be subject to the review and supervision of the governing body.F.The Commission may establish appropriate policies, plans and proposed budgets foroperation of the program, utilizing all of the available federal and state funding, to makethe program as self-supporting as possible from such funds and from fees andassessments from citizens taking part in such programs.G.All funds and financing, including gifts, grants, fees, and assessments, shall bemaintained in an account or accounts of the City of Seward for the use and benefit of thesenior citizens program.ARTICLE IILibrary Board[Adopted as Ch. 2, Art. 2, §§ 2-201 through 2-203, of the 1976 Code]§ 12-2.1. Membership, operation and duties. [Amended 10-6-1981 by Ord. No. 35-81;6-1-1993 by Ord. No. 20-93; 6-17-1997 by Ord. No. 25-97; 2-17-2009 by Ord. No. 1-09]The Library Board shall be appointed by the Mayor with a majority vote of the members ofthe governing body. The Board shall consist of five members, who shall be residents of themunicipality. The members of the Library Board shall serve a four-year term of office asspecified by Nebraska Statutes. The Board shall serve without compensation and may berequired, in the discretion of the governing body, to give a bond in a sum set by resolution ofthe governing body, and conditioned upon the faithful performance of its duties. At the timeof the Board's first meeting in July of each year, the Board shall organize by selecting from itsnumber a Chairman and Secretary and they shall review their duties as members of the Board.It shall be the duty of the Secretary to keep the full and correct minutes and records of allmeetings, and to file the same with the Municipal Clerk, where they shall be available for12:311 - 01 - 2017
§ 12-2.1SEWARD CODE§ 12-2.3public inspection within 10 working days, or prior to the next convened meeting, whicheveroccurs earlier. An additional 10 days shall be allowed for providing the minutes in the eventof the Secretary's serious illness or an emergency which prevents him/her from writing suchminutes. A majority of the Board members shall constitute a quorum for the transaction ofbusiness. The Board shall meet at such times as it may designate. Special meetings may beheld upon the call of the Chairman, or any three members of the Board. The CityAdministrator or his/her designee shall serve as an ex-officio member of the Board. It shall bethe duty of the Board to have general charge of the Municipal Library and to establishappropriate rules and regulations for the general operation and use of the same. The CityAdministrator shall have supervisory authority over all employees of the Library, includingthe Li
Clerk, and shall bear the following inscription: "Seal, City of Seward, Nebraska, Incorporated April 5, 1870." (Neb. RS 16-115) § 1-2.2.Use. The Municipal Clerk shall affix an impression of the Official Seal to all warrants, licenses, permits, ordinances, and all other official papers issued by order of the governing body and
