Under the provisions of the Zoning Regulations of the City, the sale of alcoholic beverages shall be construed to be a business in and of itself, and no permit for the sale thereof shall be issued to any applicant except upon the written consent of the of the owners of lots and parts of lots.

(a)

It shall be unlawful for any licensed person or persons or their agents to sell any alcoholic beverages within the City except during the hours provided herein.

(b)

All alcoholic liquors and alcoholic beverages, including beer and wine may be sold either on-sale or off-sale from 6:00 a.m. to 1:00 a.m., Mondays through Saturdays, and from 9:00 a.m. to 1:00 a.m. on Sundays, and, in addition thereto, on Sunday, December 24th and on Sunday December 31st beer and wine may be sold off sale from 8:00 a.m. to 12:00 Noon.

(c)

No persons or persons shall consume any alcoholic beverages on licensed premises for a period of time longer than fifteen (15) minutes after the time fixed herein for stopping the sale of alcoholic beverages on the said premises. For the purposes of this section, "on sale" shall be defined as alcoholic beverages sold by the drink for consumption on the premises of the licensed establishment; "off sale" shall be defined as alcoholic beverages sold at retail in the original container for consumption off the premises of the licensed establishment.

(5)

Nothing in this section shall be construed to prohibit licensed premises from being open for other business on days and hours during which the sale or dispensing of alcoholic beverages is prohibited by this section.

The City Council may permit the public streets and sidewalks within the City limits to be occupied and used under a lease, license, or other permission by a person, business, or others for the sale of services or goods, and to permit the placement of nonpermanent sidewalk cafes, tables, chairs, benches, and other temporary improvements, including fencing or other enclosure from which such sales can be transacted on the public streets and sidewalks.

Any such uses, permits or improvements shall be subject to termination or removal upon thirty (30) days notice from the City, without cause, in the sole discretion of the City Council.

Notice of a hearing held pursuant to Neb. R.R.S. § 53-134 shall be given to the applicant by the City Clerk and shall contain the date, time, and location of the hearing. Two (2) or more proceedings which are legally or factually related may be heard and considered together unless any party thereto makes a showing sufficient to satisfy the Council that prejudice would result there from. Hearings will be informal and conducted by the Mayor. The intent is an inquiry into the facts, not an adversary action. The Council shall not be bound by the strict rules of evidence, and shall have full authority to control the procedures of the hearing including the admission or exclusion of testimony or other evidence. The Council may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent individuals in the conduct of their affairs. The Mayor may limit testimony where it appears incompetent, irrelevant, or unduly repetitious.

The order of the proceeding is as follows:

(1)

Presentation of evidence, witnesses and arguments by applicant.

(2)

Cross-examination by the opposition to the applicant.

(3)

Presentation of evidence, witnesses and arguments by those in opposition to the applicant.

(4)

Cross-examination by the applicant.

(5)

Rebuttal evidence by both parties.

(6)

Summation by both parties.

In all cases, the burden of proof and persuasion shall be on the party filing the application. Any member of the Council may question any witness, call witnesses, or request information. All witnesses shall be sworn. A transcript may be requested by the applicant at the applicant's expense.

The City Council shall consider the following standards and criteria in evaluation of retail liquor license applications for the purpose of formulating a recommendation for the Nebraska Liquor Control Commission in accordance with the Nebraska Liquor Control Act:

(1)

The adequacy of existing law enforcement resources and services in the area and any recommendation made by the Police Department and/or other law enforcement agency.

(2)

Existing motor vehicle and pedestrian traffic flow in the vicinity of the proposed licensed premises and parking requirements.

(3)

Zoning restrictions.

(4)

The sanitation or sanitary conditions on or about the proposed licensed premises.

(5)

The existence of a citizen's protest and any other evidence in support of or opposition to the application.

(6)

That the type of business or activity proposed to be operated in conjunction with the proposed license is or will be consistent with the public interest.

(7)

That the nature of the neighborhood where the proposed premise is located is suitable and applicable for placement of a liquor establishment.

(8)

That the type of business or activity proposed to be operated in conjunction with the proposed license is or will be consistent with the public interest.

(9)

That the applicant must ensure that every precaution has been taken to protect against the possibility of shoplifting of alcoholic beverages.

(10)

That the application is for a business, the sole purpose for which is the sale or dispensing of liquor, or the sale or dispensing of liquor is a substantial integral part of the business, and not just incidental thereto.

(11)

The quality and management ability of the applicant.

(12)

Assurances that the applicant will comply with State laws, liquor regulations and City ordinances and regulations.

(13)

Assurances that the application will provide an improvement to the neighborhood, a betterment to the City, and meets a true community need.

(14)

That the applicant is not prohibited from holding a license by virtue of Neb. R.R.S. § 53-125.

(15)

That past performance of the applicant was satisfactory if the applicant previously held a liquor license.

(16)

Other information and data that may reasonably be considered pertinent to the issuance of the license.

The aforementioned licensing standards and criteria are not necessarily of equal value that can be computed in a mathematical formula. Rather, they are standards and criteria which can be weighed and cumulated positively and negatively. The burden of proof and persuasion shall be on the party filing the application. Moreover, the City Council shall give an affirmative recommendation to the Nebraska Liquor Control Commission only when the applicant has satisfactorily demonstrated that the issuance of the retail liquor is generally consistent with the preceding standards and criteria is in the best interest of the public.

A bottle club is hereby defined to mean any business or commercial operation, whether open to the public or where entrance is limited by any fee, cover charge, membership, or similar requirement to which patrons bring with them alcoholic liquor to be consumed or stored for consumption on the business premises and where such business or premises is not licensed to sell or dispense alcoholic beverages.

(a)

It shall be unlawful for any person to knowingly or intentionally operate a bottle club.

(b)

It shall be unlawful for any person to knowingly or intentionally allow or permit the operation of a bottle club on the premises owned by or under the direction and control of such person.

For the purpose of raising revenue, an occupation tax is hereby levied on alcoholic beverages. The occupation tax collected shall be in accordance with the Nebraska Liquor Control Commission laws.

There shall be an application fee charged in accordance with the Fremont Master Fee Schedule for any Special Designated License when the applicant does not hold a class K (catering) liquor license from the Nebraska Liquor Control Commission.

(Ord. No. 5476, 10-30-18)

Bingo shall mean a game, whether known as beano, bingo, keno, lotto or any other name, in which each participant receives one (1) or more cards each of which is marked off into twenty-five (25) squares arranged in five (5) horizontal rows of five (5) squares each and five (5) vertical rows of five (5) squares each, with each square being designated by number, letter or combination of numbers and letter, no two (2) cards being identical, with the players covering the squares as the operator of such game announces the number, letter or combination of numbers and letters appearing on an object selected by chance, either manually or mechanically, from a receptacle in which have been placed objects bearing numbers, letters or combination of numbers and letters corresponding to the system used for designating the squares, with the winner of each game being the players first properly covering a predetermined and announced pattern of squares on a card being used by him or them.

Editor's note— Ord. No. 3948, adopted January 30, 2001, repealed §§ 10-303 and 10-304, which pertained to bingo; tax and bingo; quarterly report.

All applicable State statutes as they now exist or may hereafter be amended shall be, and will constitute, a part of this article as if repeated verbatim herein, and violation of any State statute will be a distinct and separate offense against the City as well as against the State. Violators thereof shall be separately prosecuted by the City for each of such offenses, and if convicted, shall be deemed to be guilty of a misdemeanor.

All railroads and railway companies and the owners of any railroad track shall station, keep, install and maintain at all times, at their own expense, at the crossings of the railroad tracks with any public streets or highways whenever directed to do so by order or resolution of the City Council; first: a flagman whose duty it shall be to signal persons traveling in the direction of any such crossings, and to warn them of the approach of any locomotive, engine and other impending danger; or secondly, an automatic signal device of the design and specifications approved by the Council to be installed, operated and maintained as per direction of the Council for the safety and protection of persons and vehicles using the streets and sidewalks. The erection and installation of such automatic signal device, with attached fixtures, upon or over any part of the streets or public grounds of the City hereunder is a revocable license to use such streets or grounds and no permanent rights shall be obtained in the streets or public grounds by reason of such use. The location of the device with wires and attachments shall be subject to change of location or removal, when deemed necessary for the public interest. Each railway installing and maintaining such device with its attachments, by virtue of obtaining the permission to install and operate, shall in case of loss or damage indemnify and save harmless the City, its officers and agents, from and against all lawful claims and demands for injuries to persons or property occasioned by virtue of the existence or operation or both of the device with its attachment.

(a)

It shall be unlawful for any railroad company, except in an emergency, to order, allow or permit the operation of or or to operate its system so that a train blocks the passage of vehicular traffic over the railroad crossing of any public street, road or highway within the corporate limits of the City for a longer period than ten (10) minutes. This section does not apply to an obstruction caused by a continuously moving train or caused by circumstances wholly beyond the control of the railroad but does apply to all other obstructions, including but not limited to, those caused by a stopped train, a train engaged in switching, loading or unloading operations.

(b)

Upon receiving notification from a law enforcement officer, member of a fire department, operator of an emergency medical vehicle, or the member of an emergency services provider that emergency circumstances require the immediate clearing of a public street, road or highway railroad crossing, the members of the train crew, railroad car or equipment or engine blocking such crossing shall immediately notify the appropriate railroad dispatcher of the pending emergency situation. Upon receipt of notice of such emergency circumstances, by the train crew or dispatcher, the railroad shall immediately clear the crossing consistent with the safe operation of the train.

The bell of each locomotive engine shall be rung continually while such locomotive engine is in motion and moving upon any railroad or railway track inside of the City limits. It shall be unlawful for any person to sound a whistle on any railroad train operated by gas, steam, oil or electricity within the corporate limits of the City for street crossings for a longer period of time than three (3) seconds or to again sound such whistle until one (1) second has expired.

It shall be unlawful for any person to drive or propel any railroad train, which is operated by gas, steam, Diesel engine or electricity, at a greater rate of speed than forty (40) miles per hour within the corporate limits of the City.

Each railroad, the cars of which are propelled by steam, oil, or diesel shall be lighted and kept lighted in this City at all the intersections in this City, by the company, corporation or person operating or owning the same as follows:

There shall be placed one (1) electric light lamp of the capacity of three hundred and twenty-five (325) watts at all the intersections of every such railway, such lamps each to be placed under the supervision of the Department of Utilities and such lamps to be placed in the manner of the electric light lamps used by this City for lighting the streets and to be at a height sufficient for the safety of the persons using such streets, and as near as practicable to the height of the electric lights used by the City for lighting the streets. Such electric light lamps at such intersections shall be lighted at the hour each day set for the lighting of the electric light lamps used by the city for lighting streets and shall be kept lighted during the times set for the electric light lamps used by the City to be kept lighted. The Mayor and Council may by resolution, from time to time as necessity may require, order the lighting by every such company of any other street crossing.

The cost of maintaining, erecting, lighting and keeping lighted lamps at each intersection of any railway with anyone of the streets specified in this section shall be paid for by the company, corporation or person owning or operating such road, and upon failure of any such company, corporation or person to put in or operate any such lamp as required by this section or within a reasonable time from and after the passage of a resolution as provided by this section, the Council shall cause such lamp to be put in and operated, and shall collect the cost thereof from such company, corporation or person.

The term "house moving" as used in this article is hereby defined to mean and include the moving of any house, building or structure.

It shall be unlawful for any person to carry on or engage in the occupation of house moving in the City without having first procured a license therefor and having complied with all the related provisions of this article. Any person desiring to engage in the business of house moving shall file with the City Clerk a written application for a license therefor. Such application shall be accompanied by a bond in the sum of five thousand ($5,000.00), of a surety authorized to do business in the State and conditioned, upon other things, that such licensee will in all things strictly comply with all the provisions of this article and any other sections of this Code relating to house moving, that such license will save, indemnify and keep harmless the City from all liabilities, judgments, costs and expenses which may in anywise accrue against it in consequence of the granting of such license, or in consequence of any injury to persons or property resulting directly or indirectly from the exercise of the privileges in such license granted, that such licensee will pay to the City any and all damages which may be sustained to any pavement, curb, gutter, sidewalk, streets, crosswalks or other City property through the conduct of such occupation by such licensee, and that such licensee will also pay to the owner any and all damages caused in a like manner to any private property in the City. Such application and bond shall thereupon be submitted to the City Council for approval, and if approved, the City Clerk shall issue a license to the applicant upon payment by the applicant of a license fee in accordance with the Fremont Master Fee Schedule, which fee shall pay the cost of issuing the license up to the following April. The license fee shall be required for each year or that part thereof that said license is to be operative.

(Ord. No. 5476, 10-30-18)

The license provided for by the preceding section may be revoked at any time by the City Council if the licensee shall conduct his business in a reckless or careless manner, or if he shall fail or refuse to make prompt payment of any sums due the City from him under any of the provisions of this article.

No building having greater height than eighteen (18) feet, or a greater width than twenty-four (24) feet shall be moved over or across any street, alley or public way in the City. The width shall be ascertained by measuring the widest part, at the eaves, of such building. However, the City Council may, upon written application, grant a special permit for the moving of structures of greater height and dimensions than specified, when in the opinion of the City Council the route over which such house may be moved will cause no exceptional hazard to persons or property. Before such permit is granted, the applicant shall file with the City Clerk a bond to be approved by the City Council, containing all the conditions required of the bond set forth in section 10-315, which bond shall be executed by the owner of the house or structure to be moved and shall be in an amount not less than five thousand ($5,000.00) dollars, or such sum greater as the City Council shall deem necessary.

All trucks, wheels or rollers used to move buildings shall be not less than fifteen (15) inches in diameter and have a minimum width of twelve (12) inches. When moving over or across pavements, planks not less than two (2) inches thick and of sufficient width shall be laid on the pavement and the trucks, wheels or rollers run thereon. In lieu of the foregoing, pneumatic tires may be used; provided, that the per axle load does not exceed the maximum permitted by the laws of the state governing the use of public roads.

State Law reference— (Ref 7-8, Code 1972)

No building exceeding eight (8) feet in width at its widest point; twelve (12) feet in total length; or thirteen (13) feet in height when loaded and ready for moving shall be moved over or across any street, alley or public way of the City without a permit to do so, issued as provided by this section, nor shall any permit be issued to any person other than a licensed house mover. The Building Inspector is hereby authorized to issue house moving permits upon written application when the building to be moved is consistent with the provisions of this article. The application for a house moving permit shall contain a description of the building proposed to be moved, its dimensions and construction, its weight when loaded, the number of axles, its location and the location where the same is to be moved. Such application shall have attached a certificate of the Director of Finance showing payment to him of a fee in accordance with the Fremont Master Fee Schedule; and that all City taxes and special assessments levied and assessed against the lot, including the building upon which the building is located, have been paid. The Building Inspector, in each permit, shall limit the time for removal of the building and the time to be occupied in moving the same, he shall also specify in each permit the route to be followed in moving such building, and it shall be unlawful for any person to digress therefrom without the written consent of the Building Inspector. No permit shall be issued unless countersigned and approved by the City Engineer and by the duly authorized agent of the Department of Utilities, telephone and telegraph company, CATV company, and the Director of the Board of Parks and Recreation. If the right-of-way of any railroad company is to be crossed, such company must also approve such permit. The house mover shall notify the Building Inspector of the hour when moving will actually begin. An investigation fee in accordance with the Fremont Master Fee Schedule will be charged in addition to the normal moving permit fee. If any individual moves any building covered by this article across or onto any street, alley or public way of the City without first having had a licensed mover obtain a proper moving permit. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this article nor from any penalty prescribed by law.

(Ord. No. 5476, 10-30-18)

For the purpose of protecting trees, a member of the Parks and Recreation Department shall accompany the house mover over the prescribed route of the move pursuant to this article. The house mover shall compensate the City for such services as it shall provide, with the Parks and Recreation Department making the determination as to the amount.

In case of injury or damage to City property caused or occasioned by the moving of any building pursuant to this article, the City Engineer shall make an estimate of the amount of such injury or damage, and the licensee shall pay the stipulated amount to the Director of Finance within five (5) days after notification. In case of his failure to pay, the Director of Finance shall proceed to collect the same by suit on the bond of such licensee or otherwise.

No person shall engage in the work of constructing, reconstructing, building or rebuilding of any driveway, approach, curbing or crossing on or across any street, avenue, alley or other public place in the City unless licensed to do so as provided by this section. Any person desiring to engage in the work aforesaid, except if under contract with the City, shall, before receiving a license to do so, present to the Mayor and Council a petition in writing giving his name and that of each member of his firm, if any, and his place of business, asking to become a licensed constructor, reconstructor and rebuilder of driveways, approaches, curbings and crossings on and across the streets, avenues, alleys and other public places of the City and stating his willingness to be governed in all respects by the provisions of this chapter and any other ordinances now or hereafter adopted by the City concerning driveways, approaches, crossings and curbings. Before receiving a license he shall also file in the office of the City Clerk a bond payable to the City with two (2) or more good and sufficient sureties or a surety company to be approved by the Mayor and Council in the sum of five thousand dollars ($5,000.00), conditioned that he will indemnify and keep harmless the City from any liability for any accident or damages arising from any negligence or unskillfulness in doing or protecting his work. The license herein provided for shall be issued by the City Clerk on the order of the Mayor and Council after the applicant has paid to the City a fee in accordance with the Fremont Master Fee Schedule for the year or unexpired part thereof. Such bond and license shall be for the period ending on April 1st following, and shall be renewable annually on or before April 1st for the succeeding year. Any person licensed under the provisions of this section as an asphalt and/or concrete worker, who does not renew their license for a period of sixty (60) days after expiration of same, shall submit themselves to an examination by the City Council before such person can again be licensed hereunder. The license herein provided may be suspended or revoked by the Mayor and City Council for violation of provisions of this chapter and any other ordinances now or hereafter adopted relating to driveways, approaches, crossings and curbings.

(Ord. No. 5476, 10-30-18)

(a)

It shall be unlawful for any firm, partnership or corporation to engage in the business of forestry until such firm, partnership or corporation has been approved and licensed by the City. The issuance of such license shall be conditioned on the following:

(b)

One (1) or more persons of such firm or partnership, or in the case of corporations, one (1) or more officers including the manager or individual designated and registered to accept service of summons in the name of the corporation, shall be the holder of a forester's license of the grade required for the work undertaken and; provided further, that each job shall be in direct and personal charge of the holder of a forester's license of the proper class.

(a)

(1)

It shall be unlawful for any person for hire or other valuable consideration to cut into and excavate cavities or to remove rotten, dead or diseased wood from any tree; fill or treat in any manner any cavity in a tree, repair any broken or injured tree; spray or otherwise treat for pests or diseases any tree or shrub; to cut down trees or to trim and cut or prune, limbs or branches of trees within the City unless he holds a valid first of second class forester's license as is applicable, in good standing, granted by the Board of Forestry Examiners.

(2)

In no way is the foregoing paragraph to prevent a property owner from performing the acts outlined above upon his own property.

(b)

Nothing contained herein shall be interpreted as prohibiting the employment, by the holder of a forester's certificate, of helpers who are not holders of forester's certificates; provided, that such certificate holder is in direct and personal charge of the work, and further provided, that said certificate holder shall be equally as responsible for all acts of his helpers as if he had done them himself.

(a)

First class forester's license shall entitle the holder thereof for hire or other valuable consideration, to trim and cut or prune limbs or branches of trees and shrubs; to perform tree surgery; to cut into and excavate cavities or to remove rotten, dead or diseased wood from any tree; to fill or treat in any manner any cavity in a tree; to repair any broken or injured tree; to spray or otherwise treat for pests or diseases any tree or shrub, or to treat in any manner any tree or shrub within the City, subject to the requirements hereinafter set forth.

(b)

A second class forester's license shall entitle the holder thereof for hire or other valuable consideration, to trim and cut or prune limbs or branches of any tree or shrub in the City, subject to the requirements hereinafter set forth.

(c)

A second class forester's license, certified by the Board of Forestry Examiners for spraying shall entitle the holder to spray or otherwise treat for pests or diseases, any tree or shrub within the City, in addition to the other types of work permitted by the second class license.

(a)

Every applicant shall be at least eighteen (18) years old, of temporate habits and good character.

(b)

Liability Insurance.

(1)

Before a license is granted or renewed, applicants and license holders shall file with the City Clerk a certificate of liability insurance coverage, providing liability coverage for accidents arising out of his work as a tree expert of at least one hundred thousand dollars ($100,000.00) for the injury or death of any one (1) person; three hundred thousand dollars ($300,000.00) for the injury or death of any number of persons in any one (1) accident, and with a coverage of at least twenty-five thousand dollars ($25,000.00) for property damage in any one (1) accident for holders of first class licenses.

(2)

Such policy of insurance shall run in favor of the City and the general public, and shall further provide that it cannot be cancelled until ten (10) days written notice of such cancellation has been filed with the City Clerk. Cancellation or termination of any insurance policy is sued for or in compliance with the provisions hereof shall automatically terminate any forester's license, unless another policy complying with the provisions hereof shall be provided and in full force and effect at the time such cancellation or termination becomes effective.

Every applicant for a forester's license shall make application upon a blank furnished by the Board of Forestry Examiners. Any applicant who fails to pass the examination herein provided for, or present himself to the Board at the time set by the Board, shall be required to wait at least one (1) month after the date of such examination before again making application for such license.

(a)

Application and Fees.

(1)

Each applicant for a second class forester's license shall, upon making application therefor, pay into the City Treasury a fee of twenty-five dollars ($25.00) and each applicant for a first class forester's license shall, upon making application therefor, pay into the City Treasury a fee in accordance with the Fremont Master Fee Schedule. This fee is to apply on the cost of examinations and shall not be returned to the unsuccessful applicants.

(2)

Any applicant who fails to pass the examination herein provided for, shall be required to wait at least one (1) month after the date of such examination before again making application for such license. The applicant shall be required to pay the same fee as for the original examination.

(2)

Any applicant who fails to present himself before the Board of Forestry Examiners for examination at the time set by such Board shall forfeit the fee paid and his application shall be cancelled, unless for good cause he has been excused by the secretary of the Board of Forestry Examiners.

(b)

Scope of examinations.

(1)

The examination for a first class forester's license shall require a knowledge of forestry and shall include the principles and practice of planting, preservation, culture, pruning and shaping of trees and shrubs, the repairing of damage to same and of the measures necessary to control and exterminate insects, other pests and diseases from trees and shrubs.

(2)

The examination for a second class forester's license shall require a knowledge of the principles and practice of preservation, culture, pruning and shaping of trees and shrubs.

(c)

Examination. All examinations shall be oral, written or both, in the discretion of the Board of Forestry Examiners, and the applicant shall also be required to pass a practical test. A grade of seventy-five (75) percent shall be required to pass. A complete stenographic record of all oral examinations shall be made and the typewritten transcript thereof, together with the written examinations, shall be kept on file by the secretary.

(Ord. No. 5476, 10-30-18)

(a)

Revocation. The Board of Forestry Examiners may revoke the license of any forester, or the license of compliance of any firm, partnership or corporation found using improper methods as defined in Chapter 8 of this Code or who in any other way digresses from good forestry practice.

(b)

Expiration. All licenses, unless revoked for cause shall be valid up to and including the 31st day of December next, subsequent to the date of issuance and shall be renewed from year to year thereafter upon the payment into the City Treasury in accordance with the Fremont Master Fee Schedule for each year. If not renewed within one (1) year from the date of expiration, a new application and reexamination shall be required.

(Ord. No. 5476, 10-30-18)

(a)

Holders of valid first class forester's licenses or certificates or licenses of equal classification, issued by Cities of the First Class or larger, in the State only, can by application to the Board of Forestry Examiners waive the required examination.

(b)

The Board of Forestry Examiners is hereby empowered to issue a first class forester's license to such an applicant upon certified proof, from the issuing agency and if the applicant fully meets all other requirements and qualifications as provided by this article.

(c)

The applicant will be charged a fee of twenty dollars ($20.00), to be paid into the City Treasury, for his initial application. The license can then be renewed on January first of each subsequent year, unless previously revoked for cause, upon payment into the City Treasury of thirty-five dollars ($35.00) for each year.

(a)

It shall be the duty of the Director of Parks and Recreation, or such of his assistants as he may designate from time to time, to enforce the provisions of this article.

(b)

When any person has made application for a forester's license under this article and such license has been revoked, or when any person believes himself otherwise injured or wronged by the Board or any member thereof or by the Director of Parks and Recreation, such applicant, or such person whose certificate has been refused or revoked may appeal that action to the Mayor and City Council by filing a written request with the City Clerk within ten (10) days after receiving notice of such denial, revocation or other ruling or order. The Mayor and Council at the next regular Council meeting, after such filing of appeal, shall hear such appeal and shall take such action or make such orders as in their opinion may be just and proper. All testimony shall be under oath.

Any person who shall engage in the business of loaning money upon deposits or pledge of personal property or other valuable things, or the purchasing of goods on condition of delivering or selling the same back again at a stipulated price is hereby declared and defined to be a pawnbroker. Any person who shall engage in the business of buying, selling, receiving, collecting or dealing in metal scraps, bottles, rubber or rags is hereby defined to be a junk dealer. Any person who shall engage in the business of buying, selling or dealing in secondhand clothing, jewelry, goods, wares or merchandise is hereby declared and defined to be dealer in secondhand goods.

The provisions of this article shall not apply to any person going from house to house and collecting iron, copper, brass, and zinc scraps, rags or bottles, and selling the same to junk dealers or persons buying or selling furniture and household goods known as secondhand furniture dealers.

Every person who shall engage in the business of pawnbroker, junk dealer or dealer in secondhand goods shall keep a book in which shall be legibly written in ink, at the time of any loan or purchase, an accurate account or description in the English language of the goods, article or things pawned, pledged or purchased, the amount of money loaned or paid therefor, the time the same was received and the name, residence and description of the person pawning, pledging or selling the same, which book, as well as the article pawned or purchased, shall at all reasonable time be open to the inspection of the Chief of Police or any member of the police force.

No personal property received on pledge by any such pawnbroker or purchased by any secondhand or junk dealer shall be sold or permitted to be redeemed from the place of business of such person for the space of twenty-four (24) hours after the pledge to such pawnbroker or sale to such secondhand or junk dealer.

It shall be unlawful for any pawnbroker or junkdealer or secondhand dealer as defined by this article to take or receive upon deposit, pawn or pledge, or buy any personal property of any kind from a minor or person under age, unless such person shall be doing business wholly on his own account which fact shall be noted upon the book of record required by section 10-503. It shall also be unlawful for any such pawnbroker or junk or secondhand dealer to knowingly receive or pawn or deposit or purchase any personal property of any kind from any person not being the owner thereof or from any intoxicated person.

State Law reference— (Ref. 19-6, Code 1972)

Editor's note— Ord. No. 5310, adopted July 8, 2014, repealed § 10-601, which pertained to occupation tax; amounts.

All occupation taxes shall be due, and payable on the 1st day of April of each year, except in the event that the said tax is levied daily, and upon the payment thereof by any person or persons to the City Clerk, the said City Clerk shall give a receipt, properly dated, and specifying the person paying the said tax, and the amount paid; provided, occupation taxes collected from Class C liquor licensees shall be due and payable on the 1st day of November. The revenue collected shall then be immediately deposited into the General Fund by the Director of Finance. The Director of Finance shall keep an accurate account of all revenue turned over to him. All forms, and receipts herein mentioned shall be issued in duplicate. One (1) copy shall then be kept by each party in the transaction.

The receipt issued after the payment of any occupation tax shall be the Occupation Tax Certificate. The said certificate shall specify the amount of the tax and the name of the person, and business that paid the said tax. The Occupation Tax Certificate shall then be displayed in a prominent place, or carried in such a way as to be easily accessible, while business is being conducted.

If any person, company, or corporation fails, or neglects to pay the occupation taxes as provided herein on the day it becomes due, and payable, the City shall then proceed by civil suit to collect the amount due. All delinquent taxes shall bear interest at the rate of one (1) percent per month until paid.

State Law reference— (Ref 16-205 RS Neb.)

Editor's note— Ord. No. 3892, adopted June 8, 1999, repealed §§ 10-605—10-608, which pertained to bottle club; taxes, bottle club; failure to pay tax, bottle club; payment to City, and bottle club; failure to collect or remit tax.

The annual rate of the general license and occupation tax shall be as follows:

$0.05 per square foot floor space upon all inside floor space business and professional places within the district, with annual maximum of five hundred dollars ($500.00) and a minimum of forty dollars ($40.00) for a, single business and professional establishment.

The City Council does find there were insufficient protests against formation of the district under law. The Mayor and City Council do determine it is necessary to establish a business improvement district pursuant to the Business Improvement District Act of 1979 as amended so as to develop, maintain, and repair public facilities in the downtown area and to levy a special assessment to provide for said maintenance and repair. Thus there is hereby created and established the Fremont Business Improvement District No. 1 of the City of Fremont, Nebraska.

(Ord. No. 5659 , § 13, 12-12-23)

A tract of land located in original Town of Fremont, now the City of Fremont, Dodge Co, NE, consisting of the following Blocks, Lots, lands, and Adjoining vacated alleys and streets: Blocks 96 excepting Lots 9 and 10, 111 excepting Lots 4, 5, 6, 7 and 8, 112, 113, 114, 115, 122, 123, 124, 125, 126 excepting Lots 3, 4, 5 and 6, 141 excepting Lots 3, 4, 5 and 6, 142, 143, 144, 145, 153,154,155,156 excepting Lots 3, 4, 5 and 6, 172, 173, 174, 183, 184, 185 and Block 204 Together with: Lots 5,6, 7, and 8, Block 95 together with South Half of vacated East-West alley along the North and vacated North-South alley between Lots 6 and 7; Lots 3, 4, 5, and 6, Block 116 together with adjoining vacated East-West alley, excepting the North Half of Lots 3 and 4; Block 121, excepting Lot 1 and the East 4 feet of Lot 2 and excepting Lot 8, together with the adjoining vacated East-West alley; Lot 2, excepting the East 49 of the South 23.5 feet thereof, and Lots 3, 4, 5, and 6, Block 146, together with the vacated North-South alley between Lots 2 and 3, the vacated East-West alley along Lots 3 and 4, the West Half of the vacated North-South alley along Lot 6, and the North Half of the vacated alley along Lot 2, excepting the East 49 feet thereof; Lots 4,5, and the West 50 feet of Lots 3 and 6 of Block 152, together with the adjoining vacated East-West alley; Lots 3, 4, 5, and 6, Block 175, together with the West Half of the adjoining vacated North-South alley along the East and together with the adjoining vacated East-West alley; Lots 3, 4, 5, and 6, Block 182, together with the West Half of the adjoining vacated North-South alley along the East and together with the adjoining vacated East-West alley. Block 205, excepting Lots 1 and 2 together with the adjoining North Half of the vacated East-West alley and together with the adjoining East Half of the North-South alley; Block 206 excepting Lots 1, 2, 3, 4 and 8; OT PT LOTS 1 & 2 & TL 462, PT LOTS 3,4,7 & 8 BLK 203 & N-S ALLEY N OF RR; and excepting OT E36' LOT 3 BLK 175 & TL 335; OT W30' LOT 3 & E6' LOT 4 BLK 175 & TL 336; OT E29' LOT 3 BLK 182 & TL 355; OT W37' LOT 3 & E31-1/2'N80' LOT 4 BLK 182 & TL 356; OT S52' LOT 4 BLK 182 & TL 357; OT W35-1/2'N80' LOT 4 BLK 182; OT LOT 2 BLK 183 & TL 363; OT LOT 8 BLK 205 & TL 415 OT N68'W32' LOT 2 BLK 115 & TL 179; OT LOT 5 BLK 122 & TL 189.

(Ord. No. 5659 , § 13, 12-12-23)

(a)

Retention and Recruitment. The district will encourage business retention and recruitment through the planning and implementation of downtown promotions, continued Main Street of Fremont commitments and downtown investments to attract the attention of people looking for vibrant and welcoming places to dine, shop, live, work and play. Funds have been allocated for each of the two (2) years for retention and recruitment, Main Street of Fremont promotions, and the Main Street of Fremont contract.

(1)

The development of any public activities and promotions of public events, including the management and promotion and advocacy of retail trade activities or other promotional activities, in the District area, including, but not limited to, plans, creation, development, equipment, supplies, materials, services, management, staff, maintenance and improvement of communication and image building events and activities, such as holiday events, community events, media activities, newsletters, seasonal and special events and parades and other activities for the benefit of the District.

(b)

Downtown Beautification. The beautification component of the District budget is comprised of physical improvements to the District. By increasing artistic elements, it is believed the personality of the downtown will be strengthened and a sense of place developed. A consistent approach to adding these elements will enhance the uniqueness of downtown and, at the same time, create a pleasant setting to compliment the various activities held in the downtown. These physical improvements include, but are not limited to, planters, murals, sculptures, trees and grates, signs, banners and flags, benches, streetscape, and trash containers.

(1)

Improvement of any public place of facility in the District area, including landscaping, physical improvements for decoration or security purposes, and plantings, including but not limited to, plans, creation, development, equipment, supplies, materials, services, management, staff, maintenance, improvement and associated activities of streetscape and alleyway improvements.

(2)

Construction or installation of sidewalks, parks, green space, entertainment and display facilities, lighting, benches or other seating furniture, sculptures, trash receptacles, shelters, fountains, and any useful or necessary public improvements, including but not limited to, plans, creation, development, equipment, supplies, materials, services, management, staff, maintenance, improvement, and associated activities of street side and other public area projects;

(3)

Maintenance, repair, and reconstruction of any improvement's or facilities authorized by the Business Improvement District Act.

(c)

Implementation and Maintenance. The talent and resources vested in this District rely upon the successful completion of each project and careful maintenance of the downtown area to ensure the best possible results from the investments of downtown stakeholders, including this District. To accomplish the duties incumbent upon this District in all areas of work described herein, the District may recruit volunteers or secure labor and services for hire:

(1)

The District may employ or contract for personnel for any improvement program under the act, and providing for any service as may be necessary or proper to carry out the purposes of the act, including, but not limited to, activities, projects, staff, consulting services, materials, equipment, supplies, and services necessary or convenient for the management of the affairs of the business improvement District, to include budget development and supervision, representation of the interests of the District to public and private entities, research, development, travel, training, development and implementation of business and residential recruitment and retention projects, downtown beautification projects and activities which contribute to regaining, sustaining or improving the economic health an viability of the District and the implementation of the goals and objectives of the Business Improvement Board.

(2)

Any other project or undertaking for the betterment of the public facilities in the District area, whether the project be capital or noncapital in nature.

(d)

Promotion and Marketing. The general promotion and marketing of the District is essential for the growth and stability of the District and community. Funds can be budgeted for advertising, publications, and events that will serve to expand of awareness of the historical and commercial interest of the District, both to the community and the area.

(e)

Such other activities and improvements as authorized pursuant to the Business Improvement District Act, Neb. Rev. Stat. § 19-4015 et seq. (as amended from time to time).

(Ord. No. 5659 , § 13, 12-12-23)

The proposed District shall receive funding from special assessments based upon the special benefits to the real property as fairly and equitably assessed by the City Council. The assessments shall be levied as a percentage of assessed valuation of taxable real property within the District, and consists of two (2) tiers (1) District, and (2) District Core. The District will be charged at a rate of one hundred twenty dollars ($120.00) per one hundred thousand dollars ($100,000.00) in assessed valuation; the District Core will be charged an additional forty dollars ($40.00) per one hundred thousand dollars ($100,000.00) assessed valuation for a total rate of one hundred sixty dollars ($160.00) per one hundred thousand dollars ($100,000.00) in assessed valuation. Properties to be included in the District Core are those properties with an address on 6th Street or Main Street and are lying within or overlapping the following Lots and Blocks: Block 123 Lots 1 and 2; Block 124 Lots 1, 5, 6, 7 and 8; Block 125 Lots 5, 6, 7 and 8; Block 142 Lots 1, 2, 3 and 4, Block 143 Lots 1, 2, 3, 4 and 8; Block 144 Lots 4 and 5; Block 153 Lots 4 and 5; Block 154 Lots 1 and 8; Block 173 Lots 1 and 8; Block 174 Lots 4 and 5; Block 183 Lots 4 and 5, Block 184 Lots 1 and 8; Block 203 Lots 1 and 8 and Block 204 Lots 4 and 5. Properties that are Single Family Residential (Owner Occupied), and exempt from ad valorem taxes may not be subject to special assessments for this District. Property owned by the Federal Government, the State of Nebraska and political subdivisions thereof shall not be subject to special assessments for this District.

(Ord. No. 5659 , § 13, 12-12-23; Ord. No. 5713, § I, 5-13-25)

The proposed District shall continue effective on January 1, 2024 and until dissolution by the City Council in accordance with Neb. Rev. Stat. 19-4035. The estimated total annual budget for costs and expenses of the work to be performed within such District will be between fifty-five thousand dollars ($55,000.00) and seventy-five thousand dollars ($75,000.00). The total budget for the cost and expenses of the work to be performed within such District over the next five (5) years will be between two hundred seventy five thousand dollars ($275,000.00) and three hundred seventy-five thousand dollars ($375,000.00).

Funds collected in excess of the annual budget, may be carried over to subsequent years. The District may elect to amend its budget, with Council approval, to accelerate the purchase or payments for items in the District's five-year budget.

The District may pursue additional funding (without increasing the District assessments) to complete the amounts for costs and expenses included in the budget. The specific improvements for the first year are listed for purposes of estimating the costs and expenses of performing the proposed work and improvements.

Although the District is proposed to continue for a five-year period, the City Council, after public hearing, and after receipt of a detailed spending and strategic planning report from the District, shall approve an annual budget for specific improvements in each succeeding year consistent with the ordinance creating the District. The City Council retains the authority to change, modify and remove proposed improvements; however, the proposed improvements cannot exceed the scope of improvements and the assessment cannot exceed the maximum amounts of assessments as provided by the ordinance creating the District.

(Ord. No. 5659 , § 13, 12-12-23)

A public hearing was held at 400 E. Military Ave., Fremont, Nebraska at 7:00 p.m. in accordance with Neb. R.R.S. § 19-4029.01. Notice of public hearing was provided by mail to property owners within the proposed District on November 3, 2023, and the same was published in the Fremont Tribune on November 3, 2023.

A public hearing was held for purposes of changing the ordinance provisions of the Business Improvement District at 400 E. Military Ave., Fremont Nebraska in accordance with Neb. Rev. Stat. § § 19-4029.01 and 19-4029.02. Notice of public hearing was provided in accordance Nebraska law.

(Ord. No. 5659 , § 13, 12-12-23)

Commonly owned properties that are intersected by a boundary line establishing the District shall be considered as entirely within the District unless otherwise determined by the City Council when sitting as the Board of Equalization.

(Ord. No. 5659 , § 13, 12-12-23)

The special assessments provided herein shall be a lien on the real property assessed superior and prior to all other liens except general taxes and other special assessments which shall be of equal priority. Liens for special assessments may be foreclosed and are subject to interest at the statutory rate when payment of the assessment is delinquent as provided by law. No special assessment made hereunder shall be void for any irregularity, defect, error or informality in procedure, in levy or equalization thereof.

(Ord. No. 5659 , § 13, 12-12-23)

The Rules, Regulations, and Standards for Mobile Home Parks, of which not less than three (3) copies are now on file in the office of the City Clerk of the City of Fremont, are hereby adopted and incorporated as if fully set forth at length herein. The provisions therein shall be controlling for utility systems, sanitary conditions, inspections and licensing of Mobile Home Park within the corporate limits of the City of Fremont.

For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Automobile Trailer, Trailer Coach and Trailer. An "automobile trailer," "trailer coach" or "trailer" means any vehicle designed and constructed in such manner will permit the occupancy thereof as sleeping quarters one (1) or more persons, or the conduct of any business profession, occupation or trade (or use as a selling or advertising device), and so designed that it is or may be mounted on wheels and used as a conveyance on highways or City streets, propelled or drawn by its own or other motive power, excepting a device used exclusively upon stationary rails or tracks.

Trailer Camp. A "trailer camp" means any park, trailer park, trailer court, court, camp, site, lot, parcel or tract land designated. maintained or intended for the purpose supplying a location or accommodations for any trailer coach or trailer coaches and upon which any trailer coach or trailer coaches are parked and shall include all buildings used or intended for use as part of the equipment thereof whether a charge is made for the use of the trailer camp and its facilities or not. "Trailer camp" shall not include automobile or trailer sales lots on which unoccupied trailers are parked for purposes of inspection and sale.

Unit. A "unit" means a section of ground in a trailer camp of not less than eight hundred (800) square feet of unoccupied space in an area designated as the location for only one (1) automobile and one (1) trailer.

State Law reference— (Ref. 31-1, Code 1972)

(a)

Generally. It shall be unlawful for any person to park any trailer on any street, alley, highway or other public place, or on any tract of land owned by any person, occupied or unoccupied, within the City, except as provided in this article.

(b)

Emergency or Temporary Parking, Etc. on Streets, Etc. Emergency or temporary stopping or parking is permitted on any street, alley or highway for not longer than one and one-half (1 ½) hours, or for not longer than four (4) hours provided the trailer is parked immediately adjacent to the trailer owner's property, or for not longer than four (4) hours provided the trailer is parked immediately adjacent to the property at which the trailer owner is a guest of said property owner.

(c)

Parking on Premises Outside Camp. No person shall park or occupy any trailer on the premises of any occupied dwelling, or on any lot which is not a part of the premises of any occupied dwelling, either of which is situated outside an approved trailer camp, except, the parking of only one (1) unoccupied trailer in an accessory private garage building or in a rear yard in any district is permitted; provided, that no living quarters shall be maintained or any business practiced in such trailer while such trailer is so parked or stored; provided, that the City Council may by Resolution permit limited business practices and public or parochial school classroom use in a trailer for a period not to exceed one (1) year. In addition, the City Council may by Resolution grant one (1) or more one-year extensions of the temporary occupancy if the Council feels either of the following conditions are met:

(1)

The building in which the business or public or parochial school was located must have been damaged by fire, explosion, Act of God, or public enemy to the extent that utilization of a trailer is necessary; or,

(2)

For an existing business or public or parochial school which is being remodeled, expanded or is rebuilding at a new location and temporary occupancy of a trailer is deemed necessary by the City Council.

A temporary concession trailer may be located on a lot with an existing business in a commercially zoned area provided all other City Codes are complied with. Concession trailers to be utilized at any one (1) location less than two (2) weeks in conjunction with an existing business in a commercially zoned area shall not require City Council permission provided they comply with all other applicable City Ordinances. Notwithstanding the above, a trailer coach or motor home shall be allowed to park on the front driveways of residences from April 1st to November 1st as long as it does not create a safety hazard.

It shall be unlawful for any person to establish, operate or maintain, or permit to be established, operated or maintained upon any property owned or controlled by him, a trailer camp within the City without having first secured a license therefor from the City, granted and existing in compliance with the terms of this article. Such license shall expire on December 31st of each year and may be renewed under the provisions of this article for additional periods of one (1) year.

The application for a license pursuant to this article or the renewal thereof shall be filed with the City Clerk and shall be accompanied by a fee in accordance with the Fremont Master Fee Schedule for each camp and a license bond in the sum of two thousand dollars ($2,000.00) to guarantee compliance with the terms of this article. The application for a license or a renewal thereof shall be made on printed forms furnished by the City and shall include the name and address of the owner in fee of the tract (if the fee is vested in some person other than the applicant, a duly verified statement by that person that the applicant is authorized by him to construct or maintain the trailer camp and make the application), and such legal description of the premises, upon which the trailer camp is or will be located, as will readily identify and definitely locate the premises. The application shall be accompanied by four (4) copies of the camp plan showing the following, either existing or as proposed:

(1)

The extent and area used for camp purposes.

(2)

Roadways and driveways.

(3)

Location of sites or units for trailer coaches.

(4)

Location and number of sanitary conveniences, including toilets, washrooms and utility rooms to be used by occupants of units.

(5)

That there has been proper conformance with City building, zoning, plumbing and other regulations.

(6)

Method and plan of sewage disposal.

(7)

Method and plan of garbage removal.

(8)

Plan for water supply.

(9)

Plan for electrical lighting of units.

(Ord. No. 5388, 11-8-16)

Before any license pursuant to this article may be issued, there shall be a favorable recommendation by the Chief of Police and the premises shall be inspected and approved by each of the members of the Chief of Police, or his duly authorized representative, as complying with all the provisions of this article and all other applicable provisions of this Code or other ordinances of the City, whereupon it will be up to the City Council's direction as to issuance. Licenses issued under the terms of this article convey no right to erect any building, to do any plumbing work or to do any electrical work.

The City Council is authorized to revoke any license issued pursuant to the terms of this article if after due investigation it determines that the holder thereof has violated any of the provisions of this article or that any trailer, or trailer camp, is being maintained in an unsanitary or unsafe manner or nuisance.

(a)

No trailer camp shall be located in any residential zone or any other zone save and except where the Zoning Ordinance is complied with.

(b)

No trailer camp shall be located within the City unless water and sewer connections and fire protection facilities are available.

(c)

No occupied trailer shall be located within the City within the recognized setback line for the zoning district in which such trailer is located nor less than ten (10) feet from any other building or vehicle or the boundary line of the tract on which such trailer is located.

(a)

Grading and Drainage. Every trailer camp shall be located on a well-drained area and the premises shall be properly graded so as to prevent the accumulation of storm or other waters.

(b)

Arrangement and Designation of Units; Driveways. Trailer units shall be clearly designated and the camp so arranged that all units shall face or abut on a driveway of not less than sixteen (16) feet in width, giving easy access from all units to a public street. Such driveway shall be at least graveled or cindered and maintained in good condition, having proper drainage into the City's drainage system, be well lighted at night, and shall not be obstructed.

(c)

Location of Toilets and Service Buildings. Trailer camps shall be so laid out that no unit shall be located farther than two hundred (200) feet from the toilets and service buildings provided for by this article, and walkways to such buildings shall be at least graveled or cindered and well lighted at night.

(d)

Electric Service Outlets for Units. Every trailer unit shall be furnished with an electric service outlet. Such outlet shall be equipped with an externally operated fused switch of not less than thirty (30) amperes capacity, and a heavy duty outlet receptacle.

(e)

Water Supply. An adequate supply of pure water, furnished through a pipe distribution system connected directly with the City water main, with supply faucets located not more than two hundred (200) feet from any trailer shall be furnished for drinking and domestic purposes in all trailer camps.

An abundant supply of hot water shall be provided in trailer camps at all times for bathing facilities.

No common drinking vessels shall be permitted in trailer camps, nor shall any drinking water faucets be placed in any toilet room or water closet compartment.

(f)

Service Building.

(1)

Required. Every trailer camp shall have erected thereon, at a distance not greater than two hundred (200) feet from any unit it is designed to serve a suitable building for housing toilets and shower facilities as required by this article, such building to be known as the "service building."

(2)

Toilet and Lavatory Facilities Generally. There shall be provided separate toilet rooms for each sex. Flush toilets provided with an adequate water supply shall be enclosed in separate compartments and shall be provided for each sex in the ration of one (1) toilet for each eight (8) units or fraction thereof. Every male toilet room shall have one (1) urinal for each sixteen (16) units, but in no case shall any male toilet be without one (1) urinal. Toilet rooms shall contain lavatories with hot and cold water in the ratio of one (1) lavatory to every two (2) or less water closets.

(3)

Bathing, Etc., Facilities Generally. Separate bathing facilities for each sex shall be provided with one (1) shower enclosed in a compartment for each eight (8) units or fraction thereof. Each shower compartment shall be supplemented by an individual dressing compartment.

(4)

Basis of Accommodations. The above accommodations shall be based on the total camp capacity according to accepted plans.

(5)

Floors of Toilets and Showers. Floors of toilets and showers shall be of concrete, tile or similar material impervious to water and easily cleaned and pitched to a floor drain.

(g)

Waste and Garbage Disposal.

(1)

Sanitary Waste Disposal Generally. All waste from showers, toilets, faucets and lavatories shall be wasted into a sewer system extended from and connected to the City sewer system.

(2)

Prohibited Connections. All sanitary facilities in any trailer which are not connected with the City sewer system by means of rigid pipe connections shall be sealed and their use is hereby declared unlawful.

(3)

Disposal of Waste, Etc., Water. Each faucet site shall be equipped with facilities for drainage of waste and excess water into the sewer. In no case shall any waste water be thrown or discharged upon the surface of the ground, or disposed of by means other than as herein provided.

(4)

Garbage Disposal. Every unit shall be provided with a substantial flytight metal garbage depository from which the contents shall be removed by a garbage collection service.

In every trailer camp there shall be an office building in which shall be located the office of the person in charge of such camp. A copy of the camp license and of this article shall be posted therein and the camp register shall at all times be kept in such office.

It is the duty of the attendant or person in charge of a trailer camp, together with the licensee, to:

(1)

Register. Keep at all times a register of all guests (which shall be open at all times to inspection by state and federal officers and officers of the City) showing for all guests:

a.

Names and addresses.

b.

Dates of entrance and departure.

c.

License numbers of all trailers and towing or other automobiles.

d.

States issuing such licenses.

e.

Place of last location and length of stay.

(2)

Maintenance of Camp Generally. Maintain the camp in a clean, orderly and sanitary condition at all times.

(3)

Enforcement, Etc., of Article, Etc. See that the provisions of this article are complied with and enforced and report promptly to the proper authorities any violation of this article or any other violations of law which may come to his attention.

(4)

Disease Control. Report to the City Physician all cases of persons or animals affected or suspected of being affected with any communicable disease.

(5)

Animals, Etc., at Large. Prevent the running loose of dogs, cats or other animals or pets.

(6)

Fire Extinguishers. Maintain in convenient places approved by the Fire Department, hand fire extinguishers in the ratio of one (1) to each eight (8) units.

(7)

Service Charge and Records. Pay the service charge provided for in section 10-811 to the Director of Finance of the City. A book shall be kept showing the number of trailers and the names of the owners thereof parked in such camp each day, and the amount paid to the Director of Finance.

(8)

Open Fires. Prohibit the lighting of open fires on the premises.

(9)

Excess Occupancy. Prohibit the use of any trailer by greater number of occupants than that which it is designed to accommodate.

There is hereby imposed a service and inspection charge of fifty cents ($0.50) per inspection per trailer on every licensee regulated by this article, and such licensee shall pay such service charge to the Director of Finance in accordance with such reasonable regulation as the Director of Finance may promulgate governing such payments.

No person shall sell, repair, maintain or equip aircraft or aircraft parts or carry persons or property for hire or give instructions in the care, maintenance or operation of aircraft at the City Airport, without first entering into an agreement with the City authorizing the same to be done for a consideration.

The City Council has granted a private individual the authority to furnish a waste disposal and landfill dump site operation for the City. Actual details of the agreement, and the present rates, charges, fees, and regulations are available at the City Clerk's office.

Editor's note— Ord. No. 5650, § II, adopted Aug. 8, 2023, repealed § 10-903, which pertained to natural gas franchise and agreements. See Chapter 3, Article 12 for provisions on Natural Gas.

It shall be unlawful to sponsor or in any way conduct bungee jumping activities and entertainments of like nature within the City limits where the public is an invitee, either as a spectator or participant, without first having been authorized to do so by the Mayor and City Council. Said authorization shall be in the form of a permit formally approved by the Mayor and City Council. Said permit shall be levied in accordance to the Fremont Master Fee Schedule. The Mayor and City Council may require a cleanup, crowd, and traffic control deposit, up to five hundred dollars ($500.00) a day, all or part of which may be returned to the applicant upon written approval of the Superintendent of Public Services.

(Ord. No. 5476, 10-30-18)

Any person who violates any of the prohibitions or provisions of any article or section of this chapter shall be deemed guilty of a misdemeanor. Unless otherwise specified in the particular article or section for which the person stands convicted of violating, the penalty for such violation shall be in any amount not to exceed one thousand dollars ($1,000.00) and/or imprisonment for any length of time not to exceed three (3) months, in the discretion of the court.

Whenever a nuisance exists as defined in this chapter, the Municipality may proceed by a suit in equity to enjoin and abate the same, in the manner provided by law. Whenever, in any action, it is established that a nuisance exists, the court may together with the fine or penalty imposed, enter an order of abatement as a part of the judgment in the case.

(a)

Purpose. It is the purpose of this article to regulate adult establishments in order to promote the health, safety, and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of adult establishments within the jurisdiction of the City. The provisions of this article have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this article to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this article to condone or legitimize the distribution of obscene material.

(b)

Findings and Rationale. Based on evidence of the adverse secondary effects of adult uses presented in hearings and in reports made available to the City Council, and on findings, interpretations, and narrowing constructions incorporated in the cases of City of Littleton v. Z.J. Gifts D-4, L.L.C., 541 U.S. 774 (2004); City of Los Angeles v. Alameda Books, Inc., 535 U.S. 425 (2002); City of Erie v. Pap's A.M., 529 U.S. 277 (2000); City of Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986); Young v. American Mini Theatres, 427 U.S. 50 (1976); Barnes v. Glen 4 Theatre, Inc., 501 U.S. 560 (1991); California v. LaRue, 409 U.S. 109 (1972); N.Y. State Liquor Authority v. Bellanca, 452 U.S. 714 (1981); Sewell v. Georgia, 435 U.S. 982 (1978); FW/PBS, Inc. v. City of Dallas, 493 U.S. 215 (1990); City of Dallas v. Stanglin, 490 U.S. 19 (1989); and

Farkas v. Miller, 151 F.3d 900 (8th Cir. 1998); Jakes, Ltd. v. City of Coates, 284 F.3d 884 (8th Cir. 2002); BZAPS, Inc. v. City of Mankato, 268 F.3d 603 (8th Cir. 2001); SOB, Inc. v. County of Benton, 317 F.3d 856 (8th Cir. 2003); Scope Pictures v. City of Kansas City, 140 F.3d 1201 (8th Cir. 1998); ILQ Invs. v. City of Rochester, 25 F.3d 1413 (8th Cir. 1994); City of Lincoln v. ABC Books, Inc., 470 N.W.2d 760 (Neb. 1991); Major Liquors, Inc. v. City of Omaha, 188 Neb. 628 (1972); DLH, Inc. v. Nebraska Liquor Control Commission, 266 Neb. 361 (2003); Village of Winslow v. Sheets, 261 Neb. 203 (2001), Xiong v. City of Moorhead, 2009 WL 322217 (D. Minn. Feb. 2, 2009); Entm't Prods., Inc. v. Shelby County, 721 F.3d 729 (6th Cir. 2013); Lund v. City of Fall River, 714 F.3d 65 (1st Cir. 2013); Imaginary Images, Inc. v. Evans, 612 F.3d 736 (4th Cir. 2010); LLEH, Inc. v. Wichita County, 289 F.3d 358 (5th Cir. 2002); Ocello v. Koster, 354 S.W.3d 187 (Mo. 2011); 84 Video/Newsstand, Inc. v. Sartini, 2011 WL 3904097 (6th Cir. Sept. 7, 2011); Plaza Group Properties, LLC v. Spencer County Plan Commission, 877 N.E.2d 877 (Ind. Ct. App. 2007); Flanigan's Enters., Inc. v. Fulton County, 596 F.3d 1265 (11th Cir. 2010); East Brooks Books, Inc. v. Shelby County, 588 F.3d 360 (6th Cir. 2009); Entm't Prods., Inc. v. Shelby County, 588 F.3d 372 (6th Cir. 2009); Sensations, Inc. v. City of Grand Rapids, 526 F.3d 291 (6th Cir. 2008); World Wide Video of Washington, Inc. v. City of Spokane, 368 F.3d 1186 (9th Cir. 2004); Ben's Bar, Inc. v. Village of Somerset, 316 F.3d 702 (7th Cir. 2003); Peek-a-Boo Lounge v. Manatee County, 630 F.3d 1346 (11th Cir. 2011); Daytona Grand, Inc. v. City of Daytona Beach, 490 F.3d 860 (11th Cir. 2007); Heideman v. South Salt Lake City, 348 F.3d 1182 (10th Cir. 2003); Williams v. Morgan, 478 F.3d 1316 (11th Cir. 2007); Jacksonville Property Rights Ass'n, Inc. v. City of Jacksonville, 635 F.3d 1266 (11th Cir. 2011); H&A Land Corp. v. City of Kennedale, 480 F.3d 336 (5th Cir. 2007); Hang On, Inc. v. City of Arlington, 65 F.3d 1248 (5th Cir. 1995); Fantasy Ranch, Inc. v. City of Arlington, 459 F.3d 546 (5th Cir. 2006); Illinois One News, Inc. v. City of Marshall, 477 F.3d 461 (7th Cir. 2007); G.M. Enterprises, Inc. v. Town of St. Joseph, 350 F.3d 631 (7th Cir. 2003); Richland Bookmart, Inc. v. Knox County, 555 F.3d 512 (6th Cir. 2009); Bigg Wolf Discount Video Movie Sales, Inc. v. Montgomery County, 256 F. Supp. 2d 385 (D. Md. 2003); Richland Bookmart, Inc. v. Nichols, 137 F.3d 435 (6th Cir. 1998); Spokane Arcade, Inc. v. City of Spokane, 75 F.3d 663 (9th Cir. 1996); DCR, Inc. v. Pierce County, 964 P.2d 380 (Wash. Ct. App. 1998); City of New York v. Hommes, 724 N.E.2d 368 (N.Y. 1999); Taylor v. State, No. 01-01-00505-CR, 2002 WL 1722154 (Tex. App. July 25, 2002); Fantasyland Video, Inc. v. County of San Diego, 505 F.3d 996 (9th Cir. 2007); U.S. v. Baston, 818 F.3d 651 (11th Cir. 2016); Gammoh v. City of La Habra, 395 F.3d 1114 (9th Cir. 2005); Z.J. Gifts D-4, L.L.C. v. City of Littleton, Civil Action No. 99-N-1696, Memorandum Decision and Order (D. Colo. March 31, 2001); People ex rel. Deters v. The Lion's Den, Inc., Case No. 04-CH-26, Modified Permanent Injunction Order (Ill. Fourth Judicial Circuit, Effingham County, July 13, 2005); Reliable Consultants, Inc. v. City of Kennedale, No. 4:05-CV-166-A, Findings of Fact and Conclusions of Law (N.D. Tex. May 26, 2005);

and based upon reports concerning secondary effects occurring in and around adult establishments, including, but not limited to, "Correlates of Current Transactional Sex among a Sample of Female Exotic Dancers in Baltimore, MD," Journal of Urban Health (2011); "Does the Presence of Sexually Oriented Businesses Relate to Increased Levels of Crime?" Crime & Delinquency (2012) (Louisville, KY); Metropolis, Illinois - 2011-12; Manatee County, Florida - 2007; Hillsborough County, Florida - 2006; Clarksville, Indiana - 2009; El Paso, Texas - 2008; Memphis, Tennessee - 2006; New Albany, Indiana - 2009; Louisville, Kentucky - 2004; Fulton County, GA - 2001; Chattanooga, Tennessee - 1999-2003; Jackson County, Missouri - 2008; Ft. Worth, Texas - 2004; Kennedale, Texas - 2005; Greensboro, North Carolina - 2003; Dallas, Texas - 1997; Houston, Texas - 1997, 1983; Phoenix, Arizona - 1995-98, 1979; Tucson, Arizona - 1990; Spokane, Washington - 2001; St. Cloud, Minnesota - 1994; Austin, Texas - 1986; Indianapolis, Indiana - 1984; Garden Grove, California - 1991; Los Angeles, California - 1977; Whittier, California - 1978; Oklahoma City, Oklahoma - 1986; New York, New York Times Square - 1994; the Report of the Attorney General's Working Group On The Regulation Of Sexually Oriented Businesses, (June 6, 1989, State of Minnesota); Dallas, Texas - 2007; "Rural Hotspots: The Case of Adult Businesses," 19 Criminal Justice Policy Review 153 (2008); "Stripclubs According to Strippers: Exposing Workplace Sexual Violence," by Kelly Holsopple, Program Director, Freedom and Justice Center for Prostitution Resources, Minneapolis, Minnesota; "Sexually Oriented Businesses: An Insider's View," by David Sherman, presented to the Michigan House Committee on Ethics and Constitutional Law, Jan. 12, 2000; Sex Store Statistics and Articles; Law Enforcement and Private Investigator Affidavits (Adult Cabarets in Forest Park, GA and Sandy Springs, GA); "Do 'Off-Site' Adult Businesses Have Secondary Effects?" 31 Law & Policy 217 (April 2009); Adult Business Study: Town and Village of Ellicottville, Cattaraugus County, New York (January 1998); and Strip Club-Trafficking Documents, the City Council finds:

(1)

Adult establishments, as a category of commercial uses, are associated with a wide variety of adverse secondary effects including, but not limited to, personal and property crimes, human trafficking, prostitution, potential spread of disease, lewdness, public indecency, obscenity, illicit drug use and drug trafficking, negative impacts on surrounding properties, urban blight, litter, and sexual assault and exploitation. Alcohol consumption impairs judgment and lowers inhibitions, thereby increasing the risk of adverse secondary effects.

(2)

Adult establishments should be separated from sensitive land uses to minimize the impact of their secondary effects upon such uses, and should be separated from other adult establishments, to minimize the secondary effects associated with such uses and to prevent an unnecessary concentration of adult establishments in one (1) area.

(3)

Each of the foregoing negative secondary effects constitutes a harm which the City has a substantial government interest in preventing and/or abating. This substantial government interest in preventing secondary effects, which is the City's rationale for regulating adult establishments, exists independent of any comparative analysis between sexually oriented and non-sexually oriented businesses. Additionally, the City's interest in regulating adult establishments extends to preventing future secondary effects of either current or future adult establishments that may locate within area under the City's jurisdiction. The City finds that the cases and documentation relied on in this article are reasonably believed to be relevant to said secondary effects.

The City hereby adopts and incorporates herein its stated findings and legislative record related to the adverse secondary effects of adult establishments, including the judicial opinions and reports related to such secondary effects.

(Ord. No. 5428, 11-28-17)

For purposes of this article, the words and phrases defined in the sections hereunder shall have the meanings therein respectively ascribed to them unless a different meaning is clearly indicated by the context.

Adult Arcade means a commercial establishment to which the public is permitted or invited that maintains booths or rooms smaller than one hundred (100) square feet, wherein image-producing devices are regularly maintained, and where a fee is charged to access the booths or rooms or to view the images displayed on the image-producing devices.

Adult Bookstore means a commercial establishment which, as one (1) of its principal business activities, offers for sale or rental for any form of consideration any one (1) or more of the following: books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, digital video discs, slides, or other visual representations which are characterized by their emphasis upon the display of "specified sexual activities" or "specified anatomical areas." A "principal business activity" exists where the commercial establishment meets any one (1) or more of the following criteria:

(1)

At least thirty-five (35) percent of the establishment's displayed merchandise consists of said items, or

(2)

At least thirty-five (35) percent of the establishment's revenues derive from the sale or rental, for any form of consideration, of said items, or

(3)

The establishment maintains at least thirty-five (35) percent of its floor space for the display, sale, and/or rental of said items (aisles and walkways used to access said items, as well as cashier stations where said items are rented or sold, shall be included in "floor space" maintained for the display, sale, or rental of said items); or

(4)

The establishment maintains at least five hundred (500) square feet of its floor space for the display, sale, and/or rental of said items (aisles and walkways used to access said items, as well as cashier stations where said items are rented or sold, shall be included in "floor space" maintained for the display, sale, or rental of said items); or

(5)

The establishment regularly offers for sale or rental at least five hundred (500) of said items; or

(6)

The establishment regularly makes said items available for sale or rental and holds itself out, in any medium, by using "adult," "adults-only," "XXX," "sex," "erotic," "novelties," or substantially similar language, as an establishment that caters to adult sexual interests.

Adult Establishment means an "adult arcade," an "adult bookstore," an "adult motion picture theater," a "semi-nude lounge," or a "sex paraphernalia store."

Adult Motion Picture Theater means a commercial establishment to which the public is permitted or invited that maintains viewing rooms that are one hundred (100) square feet or larger wherein films or videos characterized by their emphasis upon "specified sexual activities" or "specified anatomical areas" are regularly shown.

Characterized by means describing the essential character or quality of an item. As applied in this article, no business shall be classified as an adult establishment by virtue of showing, selling, or renting materials rated NC-17 or R by the Motion Picture Association of America.

City means Fremont, Nebraska.

Employ, Employee, and Employment describe and pertain to any person who works or engages in activity for pay on the premises of an adult establishment, on a full time, part time, temporary, or contract basis, regardless of whether the person is denominated an employee, independent contractor, agent, lessee, or otherwise. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.

Establish or Establishment means and includes any of the following:

(1)

The opening or commencement of any adult establishment as a new business;

(2)

The conversion of an existing business, whether or not an adult establishment, to any adult establishment; or

(3)

The addition of any adult establishment to any other existing adult establishment.

Floor Space means the floor area inside an establishment that is visible or accessible to patrons for any reason, excluding restrooms.

Hearing Officer means an attorney, not an employee of the City, who is licensed to practice law in Nebraska, and retained to serve as an independent tribunal to conduct hearings under this article.

Influential Interest means the actual power to control or influence the operation, management, or policies of the adult establishment or legal entity which operates the adult establishment. An individual is deemed to have an "influential interest" if he or she (1) is the on-site general manager of the adult establishment, (2) owns a financial interest of thirty (30) percent or more of a business or of any class of voting securities of a business, or (3) holds an office (e.g., president, vice president, secretary, treasurer, managing member, managing director, etc.) in a legal entity which operates the adult establishment.

Licensee means a person in whose name a license to operate an adult establishment has been issued, as well as the individual or individuals listed as an applicant on the application for an adult establishment license. In the case of an "employee," it shall mean the person in whose name the adult establishment employee license has been issued.

Nudity or Nude Conduct means the showing of the human male or female genitals, pubic area, vulva, or anus with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any part of the nipple and areola. For purposes of this article, a "fully opaque covering" must be non-flesh colored, shall not consist of any substance that can be washed off the skin, such as paint or make-up, and shall not simulate the appearance of the anatomical area that it covers.

Operator means any person on the premises of an adult establishment who manages, supervises, or controls the business or a portion thereof. A person may be found to be an operator regardless of whether such person is an owner, part owner, or licensee of the business.

Person means an individual, proprietorship, partnership, corporation, association, or other legal entity.

Premises means the real property upon which the adult establishment is located, and all appurtenances thereto and buildings thereon, including, but not limited to, the adult establishment, the grounds, private walkways, and parking lots and/or parking garages adjacent thereto, under the ownership, control, or supervision of the licensee, as described in the application for an adult establishment license.

Regional Shopping Mall (Enclosed)" means a group of retail and other commercial establishments that is planned, developed, and managed as a single property, with on-site parking provided around the perimeter of the shopping center, and that is generally at least forty (40) acres in size and flanked by two (2) or more large "anchor" stores, such as department stores. The common walkway or "mall" is enclosed, climate-controlled and lighted, usually with an inward orientation of the stores facing the walkway.

Regularly means the consistent and repeated doing of an act on an ongoing basis.

Semi-Nude or Semi-Nudity means the showing of the female breast below a horizontal line across the top of the areola and extending across the width of the breast at that point, or the showing of the male or female buttocks. This definition shall include the lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breasts exhibited by a bikini, dress, blouse, shirt, leotard, or similar wearing apparel provided the areola is not exposed in whole or in part.

Semi-Nude Lounge means a nightclub, bar, juice bar, restaurant, bottle club, or similar commercial establishment that regularly offers live semi-nude conduct. No establishment shall avoid classification as a semi-nude lounge by offering nude conduct.

Sexual Device means any three (3) dimensional object designed for stimulation of the male or female human genitals, anus, buttocks, female breast, or for sadomasochistic use or abuse of oneself or others and shall include devices commonly known as dildos, vibrators, penis pumps, cock rings, anal beads, butt plugs, nipple clamps, and physical representations of the human genital organs.

Nothing in this definition shall be construed to include devices primarily designed for protection against sexually transmitted diseases or for preventing pregnancy.

Sex Paraphernalia Store means a commercial establishment:

(1)

Where more than one hundred (100) sexual devices are regularly made available for sale or rental; or

(2)

Where sexual devices are regularly made available for sale or rental and the establishment regularly holds itself out, in any medium, by using "adult," "adults-only," "XXX," "sex," "erotic," "novelties," or substantially similar language, as an establishment that caters to adult sexual interests.

This definition shall not be construed to include any establishment located within an enclosed regional shopping mall or any pharmacy or establishment primarily dedicated to providing medical products.

Specified Anatomical Areas means and includes:

(1)

Less than completely and opaquely covered: human genitals, pubic region; buttock; and female breast below a point immediately above the top of the areola; and

(2)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified Criminal Activity means any of the following specified crimes for which less than five (5) years has elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date:

(1)

Prostitution or promotion of prostitution; public indecency; or dissemination, preparation, or promotion of obscenity, as defined in Nebraska Code, Ch. 28 Sections 801, 801.01, 802, 804; 806; 808, 809, 813-813.02;

(2)

Sexual assault; domestic assault; incest; human trafficking; or indecency with an animal, as defined in Nebraska Code, Ch. 28 Sections 319-320.02; 323; 703; 830, 831; 1010;

(3)

Criminal child enticement; child abuse; debauching a minor; possession, dissemination, preparation, or promotion of child pornography, as defined in Nebraska Code, Ch. 28 Sections 311; 707; 1463.03, 1463.05;

(4)

Any controlled substance offense or fraud offense under Nebraska Code, Ch. 28 Articles 4 or 6 that is related to any adult establishment;

(5)

Any attempt, solicitation, or conspiracy to commit one (1) of the foregoing offenses; or

(6)

Any offense in another jurisdiction that, had the predicate act(s) been committed in Nebraska, would have constituted any of the foregoing offenses.

Specified Sexual Activity means any of the following:

(1)

Intercourse, oral copulation, masturbation or sodomy; or

(2)

Excretory functions as a part of or in connection with any of the activities described in (a) above.

Transfer of Ownership or Control of an adult establishment means any of the following:

(1)

The sale, lease, or sublease of the business;

(2)

The transfer of securities which constitute an influential interest in the business, whether by sale, exchange, or similar means; or

(3)

The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

Viewing Room means the room or booth where a patron of an adult establishment would ordinarily be positioned while watching a film, videocassette, digital video disc, or other video on an image-producing device.

(Ord. No. 5428, 11-28-17)

(a)

Adult Establishment License. It shall be unlawful for any person to operate an adult establishment in the jurisdiction of the City without a valid adult establishment license.

(b)

Employee License. It shall be unlawful for any person to be an "employee," as defined in this article, of an adult establishment in the jurisdiction of the City without a valid adult establishment employee license, except that a person who is a licensee under a valid adult establishment license shall not be required to also obtain an adult establishment employee license. It shall be unlawful for any person who operates an adult establishment to employ a person at the establishment who does not have a valid adult establishment employee license.

(c)

Application. An applicant for an adult establishment license or an adult establishment employee license shall file in person at the office of the City Clerk a completed application made on a form provided by the City Clerk. An adult establishment may designate an individual with an influential interest in the business to file its application for an adult establishment license in person on behalf of the business. The application shall be signed as required by subsection (d) herein and shall be notarized. An application shall be considered complete when it contains, for each person required to sign the application, the information and/or items required in this subsection (c), accompanied by the appropriate licensing fee:

(1)

The applicant's full legal name and any other names used by the applicant in the preceding five (5) years.

(2)

Current business address or another mailing address for the applicant.

(3)

Written proof of age, in the form of a driver's license, a picture identification document containing the applicant's date of birth issued by a governmental agency, or a copy of a birth certificate accompanied by a picture identification document issued by a governmental agency.

(4)

If the application is for an adult establishment license, the business name, location, legal description, mailing address and phone number of the adult establishment.

(5)

If the application is for an adult establishment license, the name and business address of the statutory agent or other agent authorized to receive service of process.

(6)

A statement of whether an applicant has been convicted of or has pled guilty or nolo contendere to a specified criminal activity as defined in this article, and if so, each specified criminal activity involved, including the date, place, and jurisdiction of each as well as the dates of conviction and release from confinement, where applicable.

(7)

A statement of whether any adult establishment in which an applicant has had an influential interest, has, in the previous five (5) years (and at a time during which the applicant had the influential interest):

a.

Been declared by a court of law to be a nuisance; or

b.

Been subject to a court order of closure.

(8)

An application for an adult establishment license shall be accompanied by a legal description of the property where the business is located and a sketch or diagram showing the configuration of the premises, including a statement of total floor area occupied by the business and a statement of floor area visible or accessible to patrons for any reason, excluding restrooms. The sketch or diagram need not be professionally prepared but shall be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches. Applicants who are required to comply with the stage, booth, and/or room configuration requirements of this article shall submit a diagram indicating that the setup and configuration of the premises meets the requirements of the applicable regulations. See sections 10-1113 and 10-1117. The City Clerk may waive the requirements of this subsection (8) for a renewal application if the applicant adopts a legal description and a sketch or diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.

The information provided pursuant to this subsection (c) shall be supplemented in writing by certified mail, return receipt requested, to the City Clerk within ten (10) working days of a change of circumstances which would render the information originally submitted false or incomplete.

(d)

Signature. A person who seeks an adult establishment employee license under this section shall sign the application for a license. If a person who seeks an adult establishment license under this section is an individual, he shall sign the application for a license as applicant. If a person who seeks an adult establishment license is other than an individual, each person with an influential interest in the adult establishment or in a legal entity that controls the adult establishment shall sign the application for a license as applicant. Each applicant must be qualified under this article and each applicant shall be considered a licensee if a license is granted.

(e)

The information provided by an applicant in connection with an application for a license under this article shall be maintained by the office of the City Clerk on a confidential basis, and such information may be disclosed only as may be required, and only to the extent required, by governing law or court order. Any information protected by the right to privacy as recognized by State or Federal law shall be redacted prior to such disclosure.

(Ord. No. 5428, 11-28-17)

(a)

Adult Establishment License. Upon the filing of a completed application for an adult establishment license, the City Clerk shall immediately issue a Temporary License to the applicant if the completed application is from a preexisting adult establishment that is lawfully operating in the City's jurisdiction and the completed application, on its face, indicates that the applicant is entitled to an annual adult establishment license. The Temporary License shall expire upon the final decision of the City to deny or grant an annual license. Within thirty (30) days of the filing of a completed adult establishment license application, the City Clerk shall either issue a license to the applicant or issue a written notice of intent to deny a license to the applicant. The City Clerk shall issue a license unless:

(1)

An applicant is less than eighteen (18) years of age.

(2)

An applicant has failed to provide information required by this article for issuance of a license or has falsely answered a question or request for information on the application form.

(3)

The license application fee required by this article has not been paid.

(4)

The adult establishment, as defined herein, is not in compliance with the interior configuration requirements of this article.

(5)

The location of the adult establishment does not comply with the location requirements of the Unified Development Code of the City of Fremont. This ground for denial of an adult establishment license, however, shall not prevent issuance or renewal of an adult establishment license to an establishment that was lawfully operating at the location for which the adult establishment license is sought, prior to the adoption of this subsection.

(6)

Any adult establishment in which an applicant has had an influential interest, has, in the previous five (5) years (and at a time during which the applicant had the influential interest):

a.

Been declared by a court of law to be a nuisance; or

b.

Been subject to an order of closure.

(7)

An applicant has been convicted of or pled guilty or nolo contendere to a specified criminal activity, as defined in this article.

(b)

Employee License. Upon the filing of a completed application for an adult establishment employee license, the City Clerk shall immediately issue a Temporary License to the applicant if the applicant seeks licensure to work in a licensed adult establishment and the completed application, on its face, indicates that the applicant is entitled to an annual adult establishment employee license. The Temporary License shall expire upon the final decision of the City to deny or grant an annual license. Within thirty (30) days of the filing of a completed adult establishment employee license application, the City Clerk shall either issue a license to the applicant or issue a written notice of intent to deny a license to the applicant. The City Clerk shall issue a license unless:

(1)

The applicant is less than eighteen (18) years of age.

(2)

The applicant has failed to provide information as required by this article for issuance of a license or has falsely answered a question or request for information on the application form.

(3)

The license application fee required by this article has not been paid.

(4)

Any adult establishment in which the applicant has had an influential interest, has, in the previous five (5) years (and at a time during which the applicant had the influential interest):

a.

Been declared by a court of law to be a nuisance; or

b.

Been subject to an order of closure.

(5)

The applicant has been convicted of or pled guilty or nolo contendere to a specified criminal activity, as defined in this article.

(c)

The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the number of the license issued to the licensee(s), the expiration date, and, if the license is for an adult establishment, the address of the adult establishment. The adult establishment license shall be posted in a conspicuous place at or near the entrance to the adult establishment so that it may be read at any time that the business is occupied by patrons or is open to the public. An adult establishment employee shall keep the employee's license on his or her person or on the premises where the licensee is then working.

(Ord. No. 5428, 11-28-17)

The initial license and annual renewal fees for adult establishment licenses and adult establishment employee licenses shall be as follows: refer to the Fremont Master Fee Schedule for the initial fee for an adult establishment license and annual renewal; refer to the Fremont Master Fee Schedule for the initial adult establishment employee license and annual renewal.

(Ord. No. 5428, 11-28-17; Ord. No. 5476, 10-30-18)

Adult establishments and adult establishment employees shall permit the City Clerk and his or her agents to inspect, from time to time on an occasional basis, the portions of the adult establishment premises where patrons are permitted, for the purpose of ensuring compliance with the specific regulations of this article, during those times when the adult establishment is occupied by patrons or is open to the public. This section shall be narrowly construed by the City to authorize reasonable inspections of the licensed premises pursuant to this article, but not to authorize a harassing or excessive pattern of inspections.

(Ord. No. 5428, 11-28-17)

(a)

Each license shall remain valid for a period of one (1) calendar year from the date of issuance unless otherwise suspended or revoked. Such license may be renewed only by making application and payment of a fee as provided in this article. When a renewal license is issued, it shall become effective the day after the previous license expires and shall remain valid for a period of one (1) calendar year from its effective date unless otherwise suspended or revoked.

(b)

Application for renewal of an annual license should be made at least ninety (90) days before the expiration date of the current annual license, and when made less than ninety (90) days before the expiration date, the expiration of the current license will not be affected.

(Ord. No. 5428, 11-28-17)

(a)

The City Clerk shall issue a written notice of intent to suspend an adult establishment license for a period not to exceed thirty (30) days if the adult establishment licensee has knowingly or recklessly violated this article or has knowingly or recklessly allowed an employee or any other person to violate this article.

(b)

The City Clerk shall issue a written notice of intent to suspend an adult establishment employee license for a period not to exceed thirty (30) days if the employee licensee has knowingly or recklessly violated this article.

(Ord. No. 5428, 11-28-17)

(a)

The City Clerk shall issue a written notice of intent to revoke an adult establishment license or an adult establishment employee license, as applicable, if the licensee knowingly or recklessly violates this article or has knowingly or recklessly allowed an employee or any other person to violate this article and a suspension of the licensee's license has become effective within the previous 12-month period.

(b)

The City Clerk shall issue a written notice of intent to revoke an adult establishment license or an adult establishment employee license, as applicable, if:

(1)

The licensee has knowingly given false information in the application for the adult establishment license or the adult establishment employee license;

(2)

The licensee has knowingly or recklessly engaged in or allowed possession, use, or sale of controlled substances on the premises of the adult establishment;

(3)

The licensee has knowingly or recklessly engaged in or allowed prostitution on the premises of the adult establishment;

(4)

The licensee knowingly or recklessly operated the adult establishment during a period of time when the license was finally suspended or revoked;

(5)

The licensee has knowingly or recklessly engaged in or allowed any specified sexual activity or specified criminal activity to occur in or on the premises of the adult establishment;

(6)

The licensee has knowingly or recklessly allowed a person under the age of twenty-one (21) years to consume alcohol on the premises of the adult establishment;

(7)

The licensee has knowingly or recklessly allowed a person under the age of eighteen (18) years to appear in a semi-nude condition or in a state of nudity on the premises of the adult establishment; or

(8)

The licensee has knowingly or recklessly allowed three (3) or more violations of this article within a twelve-month period.

(c)

The fact that any relevant conviction is being appealed shall have no effect on the revocation of the license, provided that, if any conviction which serves as a basis of a license revocation is overturned or reversed on appeal, that conviction shall be treated as null and of no effect for revocation purposes.

(d)

When, after the notice and hearing procedure described in this article, the City revokes a license, the revocation shall continue for one (1) year and the licensee shall not be issued an adult establishment license or adult establishment employee license for one (1) year from the date revocation becomes effective.

(Ord. No. 5428, 11-28-17)

(a)

When the City Clerk issues a written notice of intent to deny, suspend, or revoke a license, the City Clerk shall immediately send such notice, which shall include the specific grounds under this article for such action, to the applicant or licensee (respondent) by personal delivery or certified mail. The notice shall be directed to the most current business address or other mailing address on file with the City Clerk for the respondent. The notice shall also set forth the following: The respondent shall have ten (10) days after the delivery of the written notice to submit, at the office of the City Clerk, a written request for a hearing. If the respondent does not request a hearing within said ten (10) days, the City Clerk's written notice shall become a final denial, suspension, or revocation, as the case may be, on the 30th day after it is issued.

(b)

If the respondent does make a written request for a hearing within said ten (10) days, then the City Clerk shall, within ten (10) days after the submission of the request, send a notice to the respondent indicating the date, time, and place of the hearing. The hearing shall be conducted not less than ten (10) days nor more than twenty (20) days after the date that the hearing notice is issued. The City shall provide for the hearing to be transcribed.

(c)

At the hearing, the respondent shall have the opportunity to present all relevant arguments and to be represented by counsel, present evidence and witnesses on his or her behalf, and cross-examine any of the City Clerk's witnesses. The City Clerk shall also be represented by counsel, and shall bear the burden of proving the grounds for denying, suspending, or revoking the license. The hearing shall take no longer than two (2) days, unless extended at the request of the respondent to meet the requirements of due process and proper administration of justice. The Hearing Officer shall issue a final written decision, including specific reasons for the decision pursuant to this article, to the respondent within five (5) days after the hearing.

(d)

If the decision is to deny, suspend, or revoke the license, the decision shall advise the respondent of the right to appeal such decision to a court of competent jurisdiction, and the decision shall not become effective until the 30th day after it is rendered. If the Hearing Officer's decision finds that no grounds exist for denial, suspension, or revocation of the license, the Hearing Officer shall, contemporaneously with the issuance of the decision, order the City Clerk to immediately withdraw the intent to deny, suspend, or revoke the license and to notify the respondent in writing by certified mail of such action. If the respondent is not yet licensed, the City Clerk shall contemporaneously therewith issue the license to the applicant.

(e)

If any court action challenging a licensing decision is initiated, the City shall consent to expedited briefing and/or disposition of the action, shall comply with any expedited schedule set by the court, and shall facilitate prompt judicial review of the proceedings. The following shall apply to any adult establishment that is lawfully operating as an adult establishment, or any adult establishment employee that is lawfully employed as an adult establishment employee, on the date on which the completed business or employee application, as applicable, is filed with the City Clerk: Upon the filing of any court action to appeal, challenge, restrain, or otherwise enjoin the City's enforcement of any denial, suspension, or revocation of a Temporary License or annual license, the City Clerk shall immediately issue the respondent a Provisional License. The Provisional License shall allow the respondent to continue operation of the adult establishment or to continue employment as an adult establishment employee and will expire upon the court's entry of a judgment on the respondent's appeal or other action to restrain or otherwise enjoin the City's enforcement. While a provisional license is in effect, the provisional licensee shall comply with the regulations set forth in sections 10-1106, 10-1112, 10-1113, 10-1114, and 10-1117, and any violations thereof shall be subject to the provisions of section 10-1115.

(Ord. No. 5428, 11-28-17)

A licensee shall not transfer his or her license to another, nor shall a licensee operate an adult establishment under the authority of a license at any place other than the address designated in the adult establishment license application.

(Ord. No. 5428, 11-28-17)

No adult establishment shall be or remain open for business between 12:00 midnight and 6:00 a.m. on any day.

(Ord. No. 5428, 11-28-17)

(a)

A person who operates or causes to be operated an adult arcade or adult motion picture theater shall comply with the following requirements.

(1)

Each application for an adult establishment license shall contain a diagram of the premises showing the location of all operator's stations, booths or viewing rooms, overhead lighting fixtures, and restrooms, and shall designate all portions of the premises in which patrons will not be permitted. The diagram shall also designate the place at which the license will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six (6) inches. The City Clerk may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.

(2)

It shall be the duty of the operator, and of any employees present on the premises, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted.

(3)

The interior premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than five (5.0) foot candles as measured at the floor level. It shall be the duty of the operator, and of any employees present on the premises, to ensure that the illumination described above is maintained at all times that the premises is occupied by patrons or open for business.

(4)

It shall be the duty of the operator, and of any employees present on the premises, to ensure that no specified sexual activity occurs in or on the premises.

(5)

It shall be the duty of the operator to post conspicuous signs in well-lighted entry areas of the business stating all of the following:

a.

That the occupancy of viewing rooms less than one hundred (100) square feet is limited to one (1) person.

b.

That specified sexual activity on the premises is prohibited.

c.

That the making of openings between viewing rooms is prohibited.

d.

That violators will be required to leave the premises.

e.

That violations of these regulations are unlawful.

(6)

It shall be the duty of the operator to enforce the regulations articulated in (5)a. though e. above.

(7)

The interior of the premises shall be configured in such a manner that there is an unobstructed view from an operator's station of every area of the premises, including the interior of each viewing room but excluding restrooms, to which any patron is permitted access for any purpose. An operator's station shall not exceed thirty-two (32) square feet of floor area. If the premises has two (2) or more operator's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose, excluding restrooms, from at least one (1) of the operator's stations. The view required in this paragraph must be by direct line of sight from the operator's station. It is the duty of the operator to ensure that at least one (1) employee is on duty and situated in each operator's station at all times that any patron is on the premises. It shall be the duty of the operator, and it shall also be the duty of any employees present on the premises, to ensure that the view area specified in this paragraph remains unobstructed by any doors, curtains, walls, merchandise, display racks or other materials or enclosures at all times that any patron is present on the premises.

(8)

It shall be the duty of the operator to ensure that no porous materials are used for any wall, floor, or seat in any booth or viewing room.

(b)

It shall be unlawful for a person having a duty under subsections (a)(1) through (a)(8) to knowingly or recklessly fail to fulfill that duty.

(c)

No patron shall knowingly or recklessly enter or remain in a viewing room less than one hundred (100) square feet in area that is occupied by any other patron.

(d)

No patron shall knowingly or recklessly be or remain within one foot of any other patron while in a viewing room that is one hundred (100) square feet or larger in area.

(e)

No person shall knowingly or recklessly make any hole or opening between viewing rooms.

(Ord. No. 5428, 11-28-17)

(a)

It shall be the duty of the operator of an adult establishment to: (i) ensure that at least two (2) conspicuous signs stating that no loitering is permitted on the premises are posted on the premises; (ii) designate one (1) or more employees to monitor the activities of persons on the premises by visually inspecting the premises at least once every ninety (90) minutes or inspecting the premises by use of video cameras and monitors; and (iii) provide lighting to the exterior premises to provide for visual inspection or video monitoring to prohibit loitering. Said lighting shall be of sufficient intensity to illuminate every place to which customers are permitted access at an illumination of not less than one (1.0) foot candle as measured at the floor level. If used, video cameras and monitors shall operate continuously at all times that the premises are open for business. The monitors shall be installed within an operator's station.

(b)

It shall be the duty of the operator of an adult establishment to ensure that the interior premises shall be equipped with overhead lighting of sufficient intensity to illuminate every place to which customers are permitted access at an illumination of not less than five (5.0) foot candles as measured at the floor level and the illumination must be maintained at all times that any customer is present in or on the premises.

(c)

No adult establishment shall erect a fence, wall, or similar barrier that prevents any portion of the parking lot(s) for the establishment from being visible from a public right of way.

(d)

It shall be unlawful for a person having a duty under this section to knowingly or recklessly fail to fulfill that duty.

(Ord. No. 5428, 11-28-17)

(a)

A person who violates any of the provisions of this article shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punishable by a fine in the amount of one thousand dollars ($1,000.00) and/or imprisonment not to exceed three (3) months. For violations of this article that are continuous with respect to time, each day that the violation continues is a separate offense. For violations of this article that are not continuous with respect to time, each violation is a separate offense.

(b)

Any premises, building, dwelling, or other structure in which an adult establishment is repeatedly operated or maintained in violation of this article shall constitute a nuisance and shall be subject to civil abatement proceedings in a court of competent jurisdiction.

(c)

The City's legal counsel is hereby authorized to institute civil proceedings necessary for the enforcement of this article to enjoin, prosecute, restrain, or correct violations hereof. Such proceedings shall be brought in the name of the City, provided, however, that nothing in this section and no action taken hereunder, shall be held to exclude such criminal or administrative proceedings as may be authorized by other provisions of this article, or any of the laws in force in the City's jurisdiction or to exempt anyone violating this code or any part of the said laws from any penalty which may be incurred.

(Ord. No. 5428, 11-28-17)

(a)

Licensing Requirements. All preexisting adult establishments lawfully operating in the City's jurisdiction in compliance with all state and local laws prior to the effective date of this article, and all adult establishment employees working in the City's jurisdiction prior to the effective date of this article, are hereby granted a De Facto Temporary License to continue operation or employment for a period of one hundred twenty (120) days following the effective date of this article. Within ninety (90) days following the effective date of this article, all adult establishments and adult establishment employees must apply for a license under this article.

(b)

Interior Configuration Requirements. Any preexisting adult establishment that is required to, but does not, have interior configurations or stages that meet at least the minimum requirements of section 10-1113 and subsection 10-1117(b) shall have ninety (90) days from the effective date of this article to conform its premises to said requirements. During said ninety (90) days, any employee who appears within view of any patron in a semi-nude condition shall nevertheless remain, while semi-nude, at least six (6) feet from all patrons.

(c)

Other Requirements. Except as provided for in subsections 10-1116(a) and (b), adult establishments shall comply with this article on the date that it takes effect.

(Ord. No. 5428, 11-28-17)

(a)

No patron, employee, or any other person shall knowingly or intentionally, in an adult establishment, appear in a state of nudity or engage in a specified sexual activity.

(b)

No person shall knowingly or intentionally, in an adult establishment, appear in a semi-nude condition unless the person is an employee who, while semi-nude, remains at least six (6) feet from all patrons and on a stage at least eighteen (18) inches from the floor in a room of at least six hundred (600) square feet.

(c)

No employee who appears semi-nude in an adult establishment shall knowingly or intentionally touch a customer or the clothing of a customer on the premises of an adult establishment. No customer shall knowingly or intentionally touch such an employee or the clothing of such an employee on the premises of an adult establishment.

(d)

No person shall possess alcoholic beverages on the premises of an adult establishment.

(e)

No person shall knowingly or recklessly allow a person under the age of eighteen (18) years to be or remain on the premises of an adult establishment.

(f)

No operator of an adult establishment shall knowingly or recklessly allow a room in the adult establishment to be simultaneously occupied by any patron and any other employee who is semi-nude or who appears semi-nude on the premises of the adult establishment, unless an operator of the adult establishment is present in the same room.

(g)

No operator or licensee of an adult establishment shall violate the regulations in this section or knowingly or recklessly allow an employee or any other person to violate the regulations in this section.

(h)

A sign in a form to be prescribed by the City Clerk, and summarizing the provisions of subsections (a), (b), (c), (d), and (e), shall be posted near the entrance of the adult establishment in such a manner as to be clearly visible to patrons upon entry. No person shall cover, obstruct, or obscure said sign.

(Ord. No. 5428, 11-28-17)

This article does not impose strict liability. Unless a culpable mental state is otherwise specified herein, a showing of a reckless mental state is necessary to establish a violation of a provision of this article. Notwithstanding anything to the contrary, for the purposes of this article, an act by an employee that constitutes grounds for suspension or revocation of that employee's license shall be imputed to the adult establishment licensee for purposes of finding a violation of this article, or for purposes of license denial, suspension, or revocation, only if an officer, director, or general partner, or a person who managed, supervised, or controlled the operation of the business premises, knowingly or recklessly allowed such act to occur on the premises. It shall be a defense to liability that the person to whom liability is imputed was powerless to prevent the act.

(Ord. No. 5428, 11-28-17)

Peddler. An uninvited person offering products for immediate sale and delivery in residential areas.

Products. All good, chattels, wares, merchandise and services of any kind whatsoever.

Solicitor. An uninvited person offering products for future delivery or seeking donations in return for products.

All peddlers and solicitors, other than persons exempted by section 10-208, shall be required to obtain a City sales and solicitation permit prior to making sales or solicitations within the City. Sales and solicitation permits shall be valid for thirty (30) days and shall be issued by the City Clerk upon compliance with the requirements of this article.

Application for a City sales and solicitation permit shall be made between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday, excluding holidays to the Fremont Police Department, on a form furnished by the Police Department. Incomplete applications shall be rejected. The Police Department shall conduct a background investigation on persons applying for such permits. Convicted felons and persons convicted of crimes involving dishonesty and moral turpitude shall not be issued a permit. Background investigations shall be completed within seven (7) working days.

All peddlers and solicitors, other than those exempted by section 10-208, are required to pay an administrative fee to the City Clerk in accordance with the Fremont Master Fee Schedule for each solicitor to defray the cost of issuing the permit and of investigating the applicant. Solicitors shall also be required to post a license permit bond in the principal amount of two thousand dollars ($2,000.00) guaranteeing future delivery of products ordered. Such bond shall be written by an approved surety company and shall be effective for at least six (6) months from the date of the sales and solicitation permit. Organizations employing or utilizing solicitors as independent contractors may purchase a single license permit bond in the amount of five thousand dollars ($5,000.00) for up to ten (10) solicitors or a license permit bond in the amount of ten thousand dollars ($10,000.00) for more than ten (10) solicitors. Any such bond posted by an organization employing or utilizing solicitors as independent contractors shall identify by name all persons covered by such bond.

(Ord. No. 5476, 10-30-18)

(a)

A sales and solicitation permit may be revoked by the City Clerk or Chief of Police for the following reasons:

(1)

Complaints of high pressure sales.

(2)

Providing incomplete or false information about company or their sales agent, supervisors, products or services.

(3)

After hours operation violations.

(4)

Indicating a fictitious affiliation with groups or companies.

(5)

Enter upon any private premises when the same is posted with a sign stating "No Peddlers Allowed," or other words to that effect.

(6)

Conviction of a felony or other crime involving dishonesty or moral turpitude.

(7)

Improper transfer of a permit.

(8)

Other solicitor misconduct as determined by the Police Department.

(b)

A denial or revocation of a sales and solicitation permit may be appealed to the City Council within ten (10) days of such revocation. Such appeal must be in writing and shall be considered and decided by the City Council within thirty (30) days. The Council may consider such appeals at any regular or specially called meeting, and may conduct a hearing according to such rules as the Council may establish.

(c)

The City may seek forfeiture of a license permit bond posted by a solicitor or organization where products ordered are not delivered as promised, or in the event of fraud, misrepresentation or deceit by a solicitor. If the amount of the funds recovered from such forfeiture is insufficient to pay all claims, such claims shall be paid proportionately as determined by the City Council.

It shall be unlawful for an uninvited peddler or solicitor to visit any house, dwelling, or residence for the purpose of making sales or soliciting orders before 8:00 a.m. or after sunset.

Every peddler and solicitor must carry on his or her person and display the sales and solicitation permit issued by the City Clerk while engaged in sales or solicitations. Sales and solicitation permits are not transferable.

Unpaid volunteers or other individuals who are not paid or otherwise compensated to sell or solicit on behalf of a nonprofit organization, such as schools, scout troops, churches and other nonprofit organizations, shall be exempt from the requirements set forth in this article. Organizations sponsoring or directing such sales or solicitations shall, upon request, provide documentation of the non-profit status of the organization.

No person shall stand in a roadway for the purpose of soliciting a ride, employment, contributions or business from the occupant of any vehicle.

(1)

No person shall stand on or in the proximity to a street or highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway.

(2)

Exception to items 1 and 2 above may be allowed by the City Council for the purposes of soliciting contributions which are to be devoted to charitable or community betterment purposes, from any occupant of any vehicle when stopped by traffic control devices or traffic control signals, within a roadway which is not part of the state highway system; provided, that such person and the charity shall first comply with subsection (4) below.

(3)

A charity or community betterment organization and its solicitors, seeking to solicit contributions for those using a roadway shall comply with the following:

(4)

At least thirty (30) days prior to the date of the proposed solicitation, the charity or organization shall file a request for roadway solicitation with the City Clerk. The request shall state the date, time and location of the proposed solicitation, and the names of all solicitors. All requests must include a Certificate of Insurance for the solicitation, naming the City of Fremont, and the solicitors as additional insured, in the minimum amount of one million dollars ($1,000,000.00). Copies of the request shall be forwarded to the Chief of Police and placed on the agenda for consideration at the next meeting of the Fremont City Council.

a.

Each person who will be engaging in roadway solicitation shall sign an information/waiver form, which shall be available through the office of the City Clerk. The form shall waive any claims against the City of Fremont arising as a result of the solicitation and set forth the conditions under which the roadway solicitation may be conducted.

b.

A roadway solicitor shall be at least eighteen (18) years of age. All roadway solicitors shall wear an optically bright yellow or orange safety vest while soliciting in the area of the roadway.

c.

City employees engaging in roadway solicitation may do so during off-duty time only and may not be identified, in any way, as a city employee during such solicitation. No City employee shall be eligible for worker's compensation benefits for any injury sustained as a part of any roadside solicitation.

d.

A charity or organization may engage in roadway solicitation only two (2) times in twelve (12) consecutive calendar months and for a duration of no greater than two (2) consecutive days each time.

e.

Any solicitor must have documentation of having completed instruction regarding safe roadway operations as developed by the Fremont Police Department. Such documentation shall be provided upon request.

[Reserved.]

(Ord. No. 5611, 4-10-22)

Mobile food vendors provide a beneficial service to the general public within the City while, due to their distinct manner of operation, also presenting substantial differences in circumstances from other food retailers and vehicle users, which suggest the expediency of diverse legislation. It is, therefore desirable to regulate, and require licenses for, mobile food vendors so that their transitory use of various properties and right-of-way locations can occur in a fair and safe manner, and so that public safety and welfare can be protected. The purpose of this section is to enact regulations to serve those goals.

While the City wishes to encourage the business of mobile food vendors, the City also recognizes the benefits of permanent food establishments. The owners of permanent food establishments make substantial and long-lasting capital investments in buildings, infrastructure, and the built environment. These investments benefit the City, improve real property, and provide consistent locales for the entertainment and enjoyment of City residents and visitors. The City wishes to cultivate and encourage the creation and maintenance of permanent food establishments. Accordingly, it is also the purpose of this section to encourage the co-existence of mobile food vendors and permanent food establishments, to provide appropriate places for each within the fabric of the City, and to accommodate the interests of each, toward the goal of achieving a rich and diverse community.

(Ord. No. 5611, 4-10-22)

For the purpose of this article and section the following terms shall have the meanings respectively ascribed to them:

Food shall mean any raw, cooked, or processed edible substance, non-alcoholic beverage, ingredient, ice, or water used or intended for use or for sale in whole or in part for human consumption.

License Administrator shall mean the City Clerk, or his/her authorized designee.

Mobile food vendor shall mean a person who by traveling from place to place upon the public ways sells or offers for sale or to provide food from public or private property to consumers for immediate delivery and consumption; this includes mobile ice cream trucks. The following activities are excluded from such definition, and, alone, do not subject a vendor to being covered by such definition: (a) the sale or offer for sale of farm products produced or raised by such a vendor from land occupied and cultivated by him/her; or (b) the sale or offer for sale of food by a caterer as defined in elsewhere in City Code.

Motor vehicle shall mean any motorized vehicle used for displaying, storing, or transporting articles for sale by a vendor which is required to be licensed and registered by the state department of motor vehicles of any state.

Permanent food establishment shall mean a fixed building which a person occupies on a continual basis and from which such person sells or offers to sell food for immediate delivery and consumption upon purchase. Such term shall not include a location where a mobile food vendor sells or offers to sell food.

Public space includes all City-owned parks and City-owned property within street rights-of-way, including any roadways and sidewalks.

Public way shall mean all areas legally open to public use such as public streets, sidewalks, roadways, highways, parkways, alleys, parks, as well as the areas surrounding and immediately adjacent to public buildings.

Pushcart (Food cart) shall mean any wheeled non-motorized vehicle approved by the License Administrator and in accordance with this article and section designed for carrying property and for being pushed by a person without the assistance of a motor or motor vehicle.

Sidewalk shall mean all that area legally open to public use as a pedestrian public way between the curb line and the legal building line of the abutting property.

Special event shall mean any occasion including but not limited to fairs, shows, exhibitions, City-wide celebrations, and festivals taking place within a specifically defined area of the City of Fremont, Nebraska for a period of time not to exceed three (3) days.

Stand shall mean any showcase, table, bench, rack, handcart, pushcart, stall or any other fixture or device that is used for the purpose of displaying, exhibiting, carrying, transporting, storing, selling or offering for sale any food, beverages, goods, wares or merchandise upon a sidewalk.

Street shall mean all that area legally open to public use as public streets, and sidewalks, roadways, highways, parkways, alleys and any other public way.

Vehicle shall mean every device in, upon, or by which a person or property may be transported or drawn upon a street or sidewalk, including, but not limited to, devices moved by human power.

(Ord. No. 5611, 4-10-22)

It shall be unlawful for any person to sell, offer for sale or provide food, as defined in this section, as a mobile food vendor or operate as a mobile food vendor within the City unless such person complies with the requirements and regulations of this section, including holding a valid and active mobile food vendor license issued by the License Administrator under this section.

Any license or permit issued by the License Administrator shall be carried with the licensee whenever they are engaged in vending. Identification badges and certificates of health inspection shall also be properly and conspicuously displayed at all times during the operation of the vending business.

An identification badge shall be deemed to be properly displayed when it is attached to the outer garment of the vendor and clearly visible to the public and law enforcement officials. A certificate of health inspection shall be deemed to be properly displayed when attached to the vending pushcart, vehicle, stand or other conveyance, and clearly visible to the public and law enforcement officials,

(Ord. No. 5611, 4-10-22)

An applicant for a license pursuant to this section shall file with the License Administrator a signed application on a form furnished by the City, which shall contain the following information:

(a)

The applicant's business name, address, and phone number; and e-mail address, if any;

(b)

If the applicant is a corporation, partnership, or other entity, the names of all officers and managers of such entity;

(c)

If food is to be sold from any motor vehicle, the vehicle license numbers and descriptions of all vehicles from which the applicant proposes to sell food, and the names of all persons expected to drive such vehicles;

(d)

The description of the general type of food items to be sold;

(e)

Documentation from the State of Nebraska Department of Agriculture Food and Sales Consumer Inspection Division showing its approval of the applicant's sale of food, if required;

(f)

A copy of the State of Nebraska sales tax permit, or proof of an applicable sales tax exemption, for the applicant;

(g)

A general description of the types of locations the applicant anticipates selling from;

(h)

Such other information as the License Administrator may require and as requested in the said application form.

All vendors shall assure that a current and correct name, residence address and mailing address are on file with the License Administrator. Whenever either the name or address provided by a licensed vendor on their application for vending license changes, the licensee shall notify the License Administrator in writing within seven (7) days of such change and provide the same with the name change or address change.

(Ord. No. 5611, 4-10-22)

(a)

Upon receipt of a complete application for a license pursuant to this section, the License Administrator shall make or cause to be made any inquiry or investigation that may be necessary to determine whether the applicant is in compliance with the provisions of all applicable laws and this section of the Code. The License Administrator may request and take into consideration the recommendations of other affected departments of the City.

(b)

After receipt of the completed application and application fee, the License Administrator shall either approve or deny the application.

Grounds for denial may include, but are not limited to, the following:

(1)

A finding that the application is incomplete;

(2)

The nonpayment of applicable fees;

(3)

A finding that the application is not in conformance with any applicable laws including, but not limited to, this chapter and section of the Code.

(4)

A finding that the applicant has been convicted of three (3) or more separate violations of the provisions of this section within the twelve (12) months preceding the submission of a complete application.

(Ord. No. 5611, 4-10-22)

An application for an annual license under this section shall be accompanied by a nonrefundable processing fee of one hundred dollars ($100.00). An additional nonrefundable processing fee of one hundred dollars ($100.00) shall be paid by a mobile food vendor who will be primarily doing business within the boundaries of any business improvement district located in whole or in part within the area zoned as a downtown business district. If such additional fee is paid, such fact shall be noted on the mobile food vendor's license. A mobile food vendor may primarily do business within such area only upon exhibiting a license showing payment of the additional fee. The additional fees paid under this section shall be forwarded by the City over to the said business improvement district, to offset expenses incurred by the district for cleaning, security, sanitation, and other mobile food vendor-associated maintenance expenses within the boundaries of the said district.

(Ord. No. 5611, 4-10-22)

A license issued under this section shall expire on March 31 of each year, unless renewed for the following year by the permittee. The permittee shall renew the license for the following year by filing with the License Administrator, by April 1, a registration updating or confirming the information provided in the immediately preceding license application or registration. The registration shall be on a form provided by the License Administrator. At the time of registration, the permittee shall pay a renewal fee of one hundred dollars ($100.00) per year for each motor vehicle, trailer, cart, or other piece of mobile equipment to be utilized in the business. An additional renewal fee of one hundred dollars ($100.00) shall be paid by a mobile food vendor who will be primarily doing business within the boundaries of any business improvement district located in whole or in part within the area zoned as a downtown business district. If such additional fee is paid, such fact shall be noted on the receipt or other documentation of renewal issued to the mobile food vendor. A mobile food vendor may primarily do business within such area only upon exhibiting a receipt or other documentation showing payment of the additional fee for that year. The additional fees paid under this section shall be forwarded by the City over to the said business improvement district, to offset expenses incurred by the district for cleaning, security, sanitation, and other mobile food vendor-associated maintenance expenses within the boundaries of the said district. Vendors who have paid vendor licensing fees under the City's prior vendor licensing policy now covered by this section shall have their fee payments credited toward the license obtained under this section.

(Ord. No. 5611, 4-10-22)

Mobile food vendors shall comply with the following regulations:

(a)

A mobile food vendor shall not sell nor offer to sell food from a location within fifty (50) feet of the main entrance used by customers to enter or exit a permanent food establishment during the hours food is sold within such permanent food establishment, unless each such permanent food establishment within such area has provided written consent.

(b)

A motor vehicle from which a mobile food vendor sells or offers to sell food shall not exceed forty (40) feet in length and ninety-six (96) inches in width. A mobile food vendor selling or offering the sale of food from or using a trailer or other auxiliary equipment shall, during such operations, keep the trailer or auxiliary equipment hitched to an operable motor vehicle towing it, unless otherwise permitted by the City in association with an authorized street show, festival, parade, block party, or similar event. An attached trailer or other auxiliary equipment shall not exceed ninety-six (96) inches in width, and the combined length of the motor vehicle and trailer or auxiliary equipment shall not exceed sixty (60) feet. The maximum dimensions in this subsection may be exceeded by a particular motor vehicle, trailer, or piece of equipment, if approved by the License Administrator upon a mobile food vendor's application for a waiver.

(c)

A mobile food vendor may sell, offer to sell or provide food from a motor vehicle at a location in a City right-of-way open to traffic or parking, but only from a motor vehicle parked in a location where a motor vehicle is authorized to park by law, sign age, or City permit. Such a motor vehicle and auxiliary equipment shall not be parked at a diagonal parking space. Such a motor vehicle and auxiliary equipment shall not be parked in a parking space adjacent to the corner of a street intersection.

(d)

A mobile food vendor who sells, offers to sell or provides food from a vehicle parked at a metered parking space shall pay the metered parking rate required. A mobile food vendor operating from a parking space on City right-of-way which is unmetered but which is limited by sign or other designation to two (2) hours parking may park at such location up to, but not exceeding, four (4) consecutive hours. The City may designate, by sign age, bagging, or otherwise, that a specific meter is either (1) reserved for the exclusive use of mobile food vendors, or (2) prohibited for use by mobile food vendors.

(e)

A mobile food vendor shall not sell or offer to sell food from a location which would involve customers to be waited on or served while standing in a portion of a street being traversed by motor vehicle traffic.

(f)

A mobile food vendor who sells, offers to sell or provide food from a location on property other than a metered parking space or City right-of-way shall first obtain and possess, and be able to exhibit upon request, each of the following:

(1)

Written consent of the owner of such property; and

(2)

A vending permit issued by the License Administrator

(g)

A mobile food vendor shall not sell, offer to sell or provide food from City park property unless he/she obtains and possesses the written consent of the City parks director.

(h)

A mobile food vendor shall not sell, offer to sell or provide food from a school property unless he/she possesses the written consent of an authorized representative of the school.

(i)

A mobile food vendor shall not sell, offer to sell or provide food from a location within an area authorized for a street show, festival, parade, block party, or similar event, or within two hundred (200) feet of any boundary of such authorized area, unless the mobile food vendor is in possession of the written consent of the event permittee to sell, offer to sell or provide food from that location.

(j)

A mobile food vendor shall not sell, offer to sell or provide food within City-owned sporting event or swimming pool areas, unless the mobile food vendor is in possession of written consent from the License Administrator authorizing the specific location and times for such sales activities, or is in possession of written consent from an authorized representative of the Sporting Authority.

(k)

A mobile food vendor shall possess and be able to exhibit his/her license under this section, all required State of Nebraska Department of Agriculture Food and Sales Consumer Inspection Division Dodge permits, a State of Nebraska sales tax permit or proof of sales tax exemption, and any other written consents or documentation required under this section, at all times during which the mobile food vendor is selling or offering to sell food.

(l)

An authorized employee of the public works or police departments may order a mobile food vendor to move from or leave a specific location, if the operation of the mobile food vendor at that location causes an obstruction to vehicular or pedestrian traffic or otherwise endangers the health, safety, or welfare of the public. The City may tow or otherwise move a mobile food vendor's vehicle or other auxiliary equipment to another location if the vehicle or equipment presents a danger to public safety and the mobile food vendor fails to move the same. The City parking division manager shall provide to the mobile food vendor a written explanation for any such order, upon written request by the mobile food vendor to the parking division manager.

(m)

An individual representative of the mobile food vendor shall be present with the motor vehicle and other auxiliary equipment operated by the mobile food vendor at all times that it is parked and service is occurring in City right-of-way or on City property, and at all times that it is parked and service is provided on private property at a location where food is or will be provided or offered for sale.

(n)

A mobile food vendor may sell, offer to sell or provide food seven (7) days a week, but only from 6:00 A.M. to 1:00 A.M. It shall be unlawful for a mobile food vendor to sell, offer to sell or provide food at any other times. Notwithstanding this subsection, upon evidence of endangerment of public safety, the Chief of Police or his/her designee may further limit hours of operation for all mobile food trucks as needed for the protection of public safety.

(o)

A mobile food vendor using a motor vehicle shall maintain a motor vehicle liability insurance policy for such motor vehicle as required by state law, and shall exhibit proof of such policy when requested.

(p)

A mobile food vendor shall maintain in operable condition all fire suppression equipment or devices as required by local, state or federal law.

(q)

It shall be unlawful for a mobile food vendor to sell, offer to sell or provide alcoholic drinks or food.

(r)

A mobile food vendor shall visibly display his/her business name on his/her motor vehicle or auxiliary equipment.

(s)

A mobile food vendor shall provide trash receptacles for the collection of trash and recyclable materials, in sizes sufficient to serve his/her customers. Prior to leaving a location, the mobile food vendor shall pick up and properly dispose of any trash, litter, or recyclable materials within twenty (20) feet of the location. Receptacles and their contents shall be removed from the location for proper disposal or recycling, and contents shall not be deposited in public trash or recycling containers on City right-of-way or City property.

(t)

A mobile food vendor shall not place on City right-of-way or City property any freestanding sign, table, electric generator, or other fixture or equipment; provided, that a mobile food vendor may place one (1) identification or menu sign and one (1) table (not for seating customers) on the sidewalk or other area directly adjacent to his/her parked motor vehicle or other equipment.

(u)

No person authorized to engage in the business of vending under this article and section shall do any of the following:

(1)

Obstruct traffic signals or regulatory signs;

(2)

Stop, stand or park any vehicle, pushcart or another other conveyance upon any street for the purpose of selling during the hours when parking, stopping and standing have been prohibited by signs or curb markings;

(3)

Use any conveyance that when fully loaded with merchandise, cannot be easily moved and maintained under control by the licensee, his employee, or an attendant;

(4)

Sell any goods, wares or merchandise within districts or on streets that have been or shall be hereafter so designated by the City Council;

(5)

Sound any device that produces a loud and raucous noise or operate any loudspeaker, public address system, radio, sound amplifier, or similar device to attract public attention, or otherwise violate noise regulations of the City Code; and,

(6)

Conduct their business in such a way as would restrict or interfere with the ingress or egress of the abutting property owner or tenant, create a nuisance, increase traffic congestion or delay, constitute a hazard to traffic, life or property, or obstruct adequate access to emergency and sanitation vehicles.

(v)

A mobile food vendor shall comply with all City ordinances regulating noise.

(Ord. No. 5611, 4-10-22)

(a)

Grounds. A license issued under this section may be revoked or suspended by the License Administrator for any of the following reasons:

(1)

Any fraud, misrepresentation, or false statement contained in the application for license;

(2)

Any fraud, misrepresentation, or false statement made in connection with the selling of food;

(3)

Any violation of this section or any applicable laws or provisions of this Code including, but not limited to chapter 10 of this Code; or

(4)

Conducting the business licensed under this section in an unlawful manner or in such a manner as to constitute a breach of the peace or a menace to the health, safety, or general welfare of the public.

(b)

[Conviction of violation of section 10-218(j)] The License Administrator shall revoke a license issued under this section for any mobile food vendor who is convicted of three (3) or more separate violations of the provisions of this section within any consecutive 12-month period. For purposes of this section conviction shall mean any finding of guilt or liability on the part of the mobile food vendor by a court of competent jurisdiction, and shall include any conviction that has previously been set aside.

(c)

Notice. To revoke or suspend a license, the License Administrator shall provide written notice to the license holder stating the revocation or suspension action taken, the grounds for such action, and the availability of an appeal under this section. Such notice shall be served personally upon the license holder or sent by regular U.S. mail to the license holder's address as stated in his/her application.

(d)

Appeal. A license holder aggrieved by the decision of the License Administrator under this section may file an appeal with the City Council.

(e)

Re-application. A person whose license has been revoked under this section may not re-apply for a new license for a period of six (6) months after the effective date of the revocation.

(Ord. No. 5611, 4-10-22)

It shall be unlawful for any person to violate the provisions of this section. Any person who violates any of the prohibitions or provisions of any Article or section of this chapter shall be deemed guilty of a misdemeanor. Unless otherwise specified in the particular article or section for which the person stands convicted of violating, the penalty for such violation shall be in any amount not to exceed one thousand dollars ($1,000.00) and/or imprisonment for any length of time not to exceed three (3) months, in the discretion of the court. Each day any such violation or failure to perform such act shall continue shall constitute a separate offense, unless otherwise specifically provided.

(Ord. No. 5611, 4-10-22)

If any provision, clause, sentence, paragraph or other portion of this section or the application thereof to any person or circumstances shall be held to be invalid, that invalidity shall not affect the other provisions of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are declared to be severable.

(Ord. No. 5611, 4-10-22)

(a)

The City finds that the City's various and diverse neighborhoods and business districts have differing characteristics, and will be affected in varying ways by the operations of mobile food vendors. Thus, it is appropriate to provide for the creation of special districts subject to special rules governing mobile food vendors.

(b)

The City Council may by Ordinance establish a special district with defined geographic boundaries, and adopt special rules governing mobile food vendors to be applied, based on a reasonable showing of public health and/or public safety concerns demonstrating the need for different operation of mobile food vendors, within such special district. "Special rules" shall mean rules governing mobile food vendors that modify the general rules stated in this section, within that special district only. If adopted, such special rules shall take precedence over any conflicting general rules in this section. The special rules shall not prevent mobile food vendors from operating within the special district. The general rules in division 2 shall continue to apply in a special district, unless specifically modified by the special rules.

(c)

An application for the establishment of a special district may be submitted to the License Administrator by a neighborhood association that is registered as such with the Planning Department, or by a business improvement district. The proposed special district must lie within the geographic boundaries of such neighborhood association or business improvement district. An application by a neighborhood association or business improvement district shall contain:

(1)

A map indicating the boundaries of the proposed special district;

(2)

The name of the proposed special district;

(3)

The text of the proposed special rules to be applicable in the special district;

(4)

A copy of the signed resolution of the governing body of the business improvement district or neighborhood association approving the proposed special district and special rules;

(5)

Documentation showing that an official of the business improvement district or neighborhood association discussed the proposed special district and special rules with mobile food vendors who primarily operate in the proposed special district; and

(6)

Enumeration of the specific reason(s) for expansion or limitation of mobile food vendor activity based upon public health and/or public safety concerns.

Upon the filing of such an application, the Mayor or any City Councilmember may request that an Ordinance establishing such a special district and special rules be forwarded to the City Council for consideration and final action.

(Ord. No. 5611, 4-10-22)

The Mayor or his/her designee may, in conjunction with the License Administrator and Chief of Police or their designees, a representative from the City Council, a representative of the mobile food vendor industry, and other stakeholders as necessary, perform an annual review of mobile food vendor operations, the general rules in this section, and any special rules adopted under this section, and make recommendations as needed to the City Council for amendment of this section.

(Ord. No. 5611, 4-10-22)