The words "frozen dessert" shall mean milk or ice cream mix, whipped cream mix, ice cream, milk sherbet, ice milk, or ice sherbet, frozen yogurt, frozen custards, frozen dietary food, diabetic or dietetic ice cream, diabetic or dietetic ice milk, ice milk mix, frozen malted milk, novelties and other similar products designated as a frozen dessert by the Environmental Health Specialist.

(Code 1958, 13.25; Code 1980, 15-76)

No food service establishment shall transfer frozen desserts from a container to another or package the same on the street or in any vehicles or in any place except a sanitary room under approved conditions.

(Code 1958, 13.24; Code 1980, 15-77)

Any person violating any provision of the ordinance and code adopted by this Article shall be punished as prescribed in section 1-111 of this Code of Ordinances.

(Code 1980, 15-19)

The selling or vending of merchandise, wares, goods, food, drinks, or any other merchandise or materials, including ice cream, is prohibited on the streets of the City of Kearney, either from vehicles, whether motorized or not, or by any other method of traveling about the city, except that the City Council may permit the use of public streets and sidewalks within those areas of the city zoned commercial by businesses abutting the street or sidewalk in accordance with the provisions of Neb. Rev. Stat. 19-4301.

(Ord. No. 5762, 6-14-94)

For the purposes of this Article, the word "nuisance" is hereby defined as any person doing an unlawful act, or omitting to perform a duty, or suffering or permitting any condition or thing to be or exist, which act, omission, condition or thing either:

A.

Injures or endangers the comfort, repose, health or safety of others; or

B.

Offends decency; or

C.

Is offensive to the senses; or

D.

Unlawfully interferes with, obstructs or tends to obstruct or renders dangerous for passage any public or private street, highway, sidewalk, stream, ditch or drainage; or

E.

In any way renders other persons insecure in life or the use of property; or

F.

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

(Ord. No. 2840, 1, 6-13-78; Code 1980, 23-1)

State Law reference— Similar provisions, Neb. Rev. Stat. 16-230 and 18-1720

The maintaining, using, placing, depositing, leaving or permitting to be or remain in or upon any private lot, building, structure or premises, or in or upon any street, avenue, alley, park or parkway, or at any other public or private place, of any one or more of the following conditions or things are hereby declared to be and constitute nuisances; provided that this enumeration shall not be deemed to be conclusive:

A.

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

B.

Privies, vaults, cesspools, dumps, pits or like places which are not securely protected from flies or rats, or which are foul or malodorous.

C.

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

D.

Animal manure in any quantity which is not securely protected from flies and the elements, or which is kept or handled in violation of any provision of this Code or ordinance of the City.

E.

Liquid household waste, human excreta, butcher's trimmings, parts of fish or any waste vegetable or animal matter in any quantity; provided, nothing herein contained shall prevent the temporary retention of waste in receptacles in a manner provided by the Code Enforcement Officer of the City, nor the dumping of non-putrefying waste in a place and manner provided by the Code Enforcement Officer.

F.

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

G.

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

H.

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

I.

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

J.

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

K.

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

L.

Pits or excavations within the City not being used for the purpose of building where such pits or excavations are made and the leaving of any such pits or excavations in an exposed condition for a period of twenty-four (24) hours or longer.

M.

Permitting, maintaining or allowing weeds, rank grass, sweet clover, any growth of worthless vegetation twelve (12) inches or more in height, and other plants of rank growth as defined by Nebraska Statutes and the Nebraska Department of Health Regulations on lots and grounds and on the streets and alleys on which the same abut.

N.

The burning or disposal of refuse, sawdust, oil, fuel oil or other materials in such a manner as to cause or permit ashes, sawdust, suet, gases or other materials arising from such burning to damage the property of the residents of the City or to injure and endanger the health, comfort or repose of persons, or to injure the property of any person.

O.

The throwing, depositing, placing or accumulation of litter on any lot, tract or piece of ground within this City. The term "litter" shall include, but not be limited to:

1.

Trash, rubbish, refuse, garbage, paper, rag and ashes;

2.

Wood, plaster, cement, brick or stone building rubble;

3.

Grass, leaves and worthless vegetation;

4.

Offal and dead animals; and

5.

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

P.

Any structure or part of a structure which remains or is damaged to present a dangerous or unsafe condition to the public including, but not limited to, structures damaged by fire, damaged by natural events or elements such as wind, tornadoes, earthquakes, flooding or settling of the ground; damaged by insect infestation; damaged due to the failure to provide reasonable maintenance; structures occupied or unoccupied which have broken windows, animals, insects, transients, or create an attraction to children; structures which, in the opinion of the building official, present an unsafe or dangerous condition to those on or near the property; unfinished structures where no occupancy permit has been issued and any building permit has lapsed for more than thirty (30) days; after eighteen (18) months from the date of the first building permit and where no inspection for newly completed work has been requested from the City within the last forty-five (45) days.

Q.

Any wind turbine which has been in disuse for more than twelve (12) months.

(Code 1958, §16.15—16.17, 19A.1, 21.41; Ord. No. 2840, 2, 6-13-78; Code 1980, 23-2; Ord. No. 5409, 4-14-92; Ord. No. 7351, 5-8-2007; Ord. No. 7871, 2-11-2014)

State Law reference— Similar provisions, Neb. Rev. Stat. 16-230 and 18-1720

The City Manager and the Chief of Police shall enforce the provisions of this Article against all nuisances within the City. The jurisdiction of the City shall extend to, and the territorial application of this chapter shall include, all territory within the city limits and within two (2) miles thereof.

(Ord. No. 2840, §3, 4, 6-13-78; Code 1980, §23-3, 23-4; Ord. No. 5657, 9-14-93)

State Law reference— Similar provisions, Neb. Rev. Stat. 18-1720

It shall be unlawful for any person to cause, permit, maintain or allow the creation or maintenance of a nuisance. Any person shall, upon conviction of violating any provision of this Article, be guilty of an infraction for each offense, and a separate offense shall be deemed committed on each day during which a violation occurs or continues.

(Code 1958, 19A.3; Ord. No. 2840, 9, 6-13-78; Code 1980, 23-5; Ord. No. 5409, 4-14-92)

The building official or his/her designee shall have the authority and it shall be his/her duty to enter into and examine at any and all times all buildings, lots and places or all descriptions within the City for the purpose of ascertaining the conditions thereof so far as the public health and safety may be affected thereby. If the property owner or occupant of any building or premises in the City prevents or attempts to prevent any employee of the City or its agent from entering or examining such building or premises for the purpose described above during reasonable hours, the City may then request an administrative search warrant from the district court.

(Ord. No. 7351, 5-8-2007)

Whenever a nuisance is found to exist within the City or within the City's extraterritorial jurisdiction, the City Manager or his/her duly designated officer of the City shall give written notice to abate and remove the nuisance to the owner or the owner's duly authorized agent or to the occupant of the property, if any, upon which such nuisance exists or upon the person causing or maintaining the nuisance.

(Code 1958, §16.7, 19A.2; Ord. No. 2840, 6, 6-13-78; Code 1980, 23-6; Ord. No. 5409, 4-14-92; Ord. No. 7351, 5-8-2007)

This notice to abate a nuisance issued under the provisions of this Article shall contain:

A.

An order to abate the nuisance or to request a hearing with the City within five (5) days from receipt of the notice.

B.

The location of the nuisance, if the same is stationary.

C.

A description of what constitutes the nuisance.

D.

A statement of acts necessary to abate and/or remove the nuisance.

E.

A statement that if the nuisance is not abated as directed and no request for hearing is made within the prescribed time, the City may abate such nuisance by having the work done and assess the cost and expense thereof against such property in the same manner as other special taxes are levied and assessed or may collect the costs from the owner of the property by civil action in a court of competent jurisdiction.

(Ord. No. 2840, 6, 6-13-78; Code 1980, 23-7; Ord. No. 6038, 11-28-95; Ord. No. 5409, 4-14-92; Ord. No. 7351, 5-8-2007)

The notice to abate and/or remove a nuisance shall be served by first-class mail upon each owner or owner's duly authorized agent and to the occupant, if any.

(Code 1958, §16.18, 19A.2; Ord. No. 2840, 6, 6-13-78; Code 1980, 23-8; Ord. No. 5409, 4-14-92; Ord. No. 6417, 7-14-98; Ord. No. 7351, 5-8-2007; Ord. No. 8395, § 1, 1-28-20)

State Law reference— Similar provisions, Neb. Rev. Stat. 16-230

A.

The building official is designated as the representative of the governing body for the purposes of conducting hearings requested by any recipient of a notice to abate a nuisance.

B.

The recipient of a notice to abate a nuisance may request a hearing before expiration of the waiting period by filling a request for such hearing on a form available in the office of the building official. The hearing shall be conducted pursuant to rules adopted by the building official and made available to the public in the office of the building official. The party requesting such hearing shall be given written notice no less than three (3) days in advance of the scheduled hearing. No action to abate the nuisance shall be taken by the City pending the outcome of the hearing. If the building official determines that the notice to abate a nuisance is without sufficient basis, the notice shall be rescinded. If the notice to abate is determined to have sufficient basis, the recipient shall be allowed the original waiting period to voluntarily abate the nuisance commencing with the date of the building official's determination and in default thereof, the City may take necessary action to abate the nuisance.

(Ord. No. 7351, 5-8-2007)

Upon the failure of the person upon whom notice to abate a nuisance was served pursuant to the provisions of this Article to either request a hearing with the City or to comply with the order to abate and remove the same within five (5) days after receipt of the notice, the City Manager or other duly designated officer of the City shall proceed to abate such nuisance by having all necessary work done, and shall prepare a statement of costs incurred in the abatement thereof for submission to the Council.

(Code 1958, 16.19; Ord. No. 2840, 6, 6-13-78; Ord. No. 3251, 1, 7-8-80; Code 1980, 23-9; Ord. No. 5409, 4-14-92; Ord. No. 7351, 5-8-2007)

The costs and expenses of any work performed by the City to abate and remove "littering" nuisances as defined at Section 5-402 subparagraph "O" shall be paid by the owner. If unpaid within two (2) months after such work is done, the City may either: (a) levy and assess the cost and expenses of the work upon the lot or piece of ground so benefited in the same manner as other special taxes for improvements are levied and assessed, or (b) recover in a civil action the costs and expenses of the work upon the lot or piece of ground and the adjoining streets and alleys.

(Ord. No. 6417, 7-14-98; Ord. No. 7351, 5-8-2007)

The City may levy and assess any and all costs and expenses incurred by the City in the abatement of a nuisance under the provisions of this Chapter upon the lot, piece or parcel of ground so benefited in the same manner as other special taxes for improvements are levied and assessed. After levy as special taxes, the same shall constitute a lien against the property so benefited, which lien shall be certified to the County Clerk and collected as provided by law. Such lien shall be notice to all persons from the time of its recording, and shall bear interest at the legal rate thereafter until satisfied.

(Ord. No. 2840, 6, 6-13-78; Code 1980, 23-10; Ord. No. 5409, 4-14-92; Ord. No. 7351, 5-8-2007)

Whenever a nuisance exists, in addition to the procedure for abatement allowed by section 5-408, the City may proceed by a suit in the District Court to enjoin and abate the same, in the manner provided by law; or it may elect to enforce the provisions of this Article by complaint filed in the County Court; or it may proceed under both methods of enforcement.

(Ord. No. 2840, 5, 6-13-78; Ord. No. 3251, 2, 7-8-80; Code 1980, 23-11; Ord. No. 5409, 4-14-92; Ord. No. 7351, 5-8-2007)

Any person aggrieved by the determination of the building official to abate a nuisance provided for in this Article, may, within five (5) days of receipt of written notice to abate a nuisance, appeal to the City Council by filing a Notice of Appeal with the City Clerk of the City of Kearney. The appeal to the City Council shall be set for hearing before the City Council at its next regularly convened Council Meeting.

(Ord. No. 5409, 4-14-92; Ord. No. 7351, 5-8-2007)

Any person, partnership, firm or corporation violating any of the provisions of this Article shall be deemed guilty of an Infraction and, upon conviction, shall be punished in accordance with Section 1-112 of this Code. Each distinct act, or violation of the terms or provisions of this Article shall constitute a separate offense.

(Ord. No. 6417, 7-14-98; Ord. No. 7351, 5-8-2007)

(Code 1958, 19A.4; Code 1980, 23-25; Ord. No. 8452, § 1, 10-27-2020)

(Code 1958, 19A.5; Code 1980, 23-26; Ord. No. 8452, § 1, 10-27-2020)

(Code 1958, 19A.6; Code 1980, 23-27; Ord. No. 8452, § 1, 10-27-2020)

(Code 1958, 19A.7; Code 1980, 23-28; Ord. No. 8452, § 1, 10-27-2020)

(Code 1958, 19A.8; Code 1980, 23-29; Ord. No. 8452, § 1, 10-27-2020)

(Code 1958, 19A.9; Code 1980, 23-30; Ord. No. 8375, § 10, 9-10-2019; Ord. No. 8452, § 1, 10-27-2020)

(Code 1958, 19A.10; Code 1980, 23-31; Ord. No. 8452, § 1, 10-27-2020)

(Code 1958, 19A.11; Code 1980, 23-32; Ord. No. 8452, § 1, 10-27-2020)

As used in this Article, the term "weed" shall mean and include any plant commonly known as a weed, and shall include, but not be limited to, those plants defined as weeds, including restricted and prohibited noxious weeds as defined and determined by the Director of Agriculture of the State of Nebraska and any other rank growth of vegetation including bindweed (convolvulus arvensis), puncture vine (tribulus terrestris), leafy spurge (euphorbia esula), Canada thistle (cirsium arvense), perennial peppergrass (lepidium draba), Russian knapweed (centaurea picris), Johnson grass (sorghum halepense), nodding or musk thistle, quack grass (agropyron repens), perennial sow thistle (sonchus arvensis), horse nettle (solanum carolinense), bull thistle (cirsium lanceolatum), buckthorn (rahmnus sp.) (tourn), hemp plant (cannabis sativa), and ragweed (ambrosiaceae).

(Ord. No. 4021, 1(1), 5-24-88; Code 1980, 35-1; Ord. No. 5408, 4-14-92)

State Law reference— Similar provisions, Neb. Rev. Stat. 16-230

The owner(s), occupant(s), or owner's duly authorized agent in charge of any lot, block, piece or parcel of land in the City, are hereby required to keep such real property, including abutting or adjoining streets, alleys and parkings, free and clear of all weeds, and shall cut and maintain as close to ground level as possible such weeds before the same blossoms or matures or attains a size sufficient to interfere in any manner with the health, convenience, property use or pleasure of persons living near or adjacent to such premises or persons using the streets, alleys or sidewalks and, in any event, prior to the weeds attaining a height of twelve (12) inches, and shall not permit the seeds therefrom to be scattered upon the same or adjacent property.

(Ord. No. 4021, 1(2), 5-24-88; Code 1980, 35-2; Ord. No. 5408, 4-14-92)

State Law reference— Similar provisions, Neb. Rev. Stat. 16-230

The Council does hereby declare the permitting, allowing or maintaining of any growth of twelve (12) inches or more in height of weeds, grasses, or worthless vegetation to be and constitute a nuisance.

(Ord. No. 5408, 4-14-92)

The City Clerk shall, at least once each year during the months of May, June, July or August, cause to be published, in a newspaper of general circulation in the City, a notice in substantially the following form:

NOTICE

Notice to Property Owners, Owner's Duly Authorized Agents, Occupants, and Persons in Possession of Property pursuant to Chapter 5, Article 6 of the Kearney City Code, all property owners, owner's duly authorized agents, occupants and persons in possession of any tract, lot, block, piece or parcel of land in the City of Kearney are hereby notified that all weeds and noxious vegetation and other rank growth of vegetation now growing on private property in the City of Kearney, Nebraska, must be cut and maintained as close to ground level as possible within seven (7) days of publication of this Notice.

The permitting, allowing or maintaining of any growth of twelve (12) inches or more in height of weeds, grasses, or worthless vegetation has been declared to constitute a nuisance. The maintenance of a weed nuisance is punishable as an infraction.

If the owner, occupant or person in possession of any real estate shall fail, neglect or refuse to cut any weeds, noxious vegetation or rank growth of vegetation growing thereon and abate and remove the nuisance as directed, within five (5) days after receipt of notice, or request a hearing with the City, the City may have such work done. The costs and expenses of any such work shall be paid by the owner. If unpaid for two (2) months after such work is done, the City may either (a) levy and access the cost and expenses of the work upon the lot or piece of ground so benefited in the same manner as other special taxes for improvements are levied and assessed, or (b) recover in a civil action the costs and expenses of the work upon the lot or piece of ground and the adjoining streets and alleys.

In the event the Council of the City of Kearney must cause such weeds, noxious vegetation and other rank growth of vegetation to be cut, such real estate may be cleaned of any refuse, debris, or other obstruction, if necessary, to permit the cutting of any such vegetation by machine.

If such vegetation is cut or caused to be cut by the City of Kearney, and/or if any refuse, debris, and other obstructions are caused to be removed to permit such cutting, the City shall charge a fee as set forth in the City of Kearney Comprehensive Fee Schedule for each hour required to do the work, with a minimum charge as set forth in the Comprehensive Fee Schedule. In addition, an administrative fee as set forth in the Comprehensive Fee Schedule shall be charged for each tract of land, lot, block or parcel of real property cut by the City and the total of all costs and expenses shall be reported to the Council for levy and assessment or for recovery in a civil action as the Council directs.

BY ORDER OF THE KEARNEY CITY COUNCIL

City Clerk

(Publication Date)

(Ord. No. 4021, 1(3), 5-24-88; Code 1980, 35-3; Ord. No. 5408, 4-14-92; Ord. No. 6418, 7-14-98; Ord. No. 7358, 6-12-2007 effective October 1, 2007)

If the owner, occupant, or owner's duly authorized agent in charge of any lot, block, piece or parcel of ground, including abutting or adjoining streets, alleys and parkings, within the City fails, neglects or refuses to cut any weeds thereon and maintains a weed nuisance, the City may give notice to abate and remove such nuisance to each owner or owner's duly authorized agent and to the occupant, if any, by first-class mail. If within five (5) days after receipt of such notice, the owner or occupant of the lot or piece of ground does not request a hearing with the City and fails to comply with the order to abate and remove such nuisance, the City may do or have such work done, including any necessary clearing of any refuse, debris, litter or other obstructions and removal of the cut weeds. The costs and expenses of any such work shall be paid by the owner. If unpaid for two (2) months after such work is done, the City may either (a) levy and access the costs and expenses of the work upon the lot or piece of ground so benefited in the same manner as other special taxes for improvements are levied and assessed, or (b) recover in a civil action the costs and expenses of the work upon the lot or piece of ground in the adjoining streets and alleys.

(Ord. No. 4021, 1(4), 5-24-88; Code 1980, 35-4; Ord. No. 5408, 4-14-92; Ord. No. 6418, 7-14-98; Ord. No. 8395, § 2, 1-28-20)

State Law reference— Similar provisions, Neb. Rev. Stat. 16-230

In the event a property owner, owner's agent or occupant fails, neglects or refuses to maintain the property and keep it mowed after an initial cutting by the City during the calendar year, the City may re-notify the owner or owner's duly authorized agent and the occupant, if any, by first-class mail, to abate and remove the nuisance and may, if said owner or occupant neither requests a hearing nor removes and abates the nuisance within five (5) days after receipt of such notice, re-enter the property to cut and maintain the weeds, which costs and expenses may be assessed against the property, if not paid by the owner, or the City may file a civil action against the owner to recover costs and expenses of the work upon the property and adjoining streets and alleys.

(Ord. No. 4021, 1(5), 5-24-88; Code 1980, 35-5; Ord. No. 5408, 4-14-92; Ord. No. 6418, 7-14-98; Ord. No. 8395, § 3, 1-28-20)

State Law reference— Similar provisions, Neb. Rev. Stat. 16-230

If weeds or vegetation are caused to be cut and removed by the City, and/or if any refuse, debris, litter or other obstructions are caused to be removed to permit such cutting, the City shall charge a fee as set forth in the City of Kearney Comprehensive Fee Schedule for each hour with a minimum charge as set forth in the Comprehensive Fee Schedule. In addition, an administrative fee as set forth in the Comprehensive Fee Schedule shall be charged for each tract of land, lot, block, piece or parcel of real property cut by the City and the total of all costs and expenses shall be reported to the Council for levy and assessment, or for recovery in a civil action as the Council directs.

(Ord. No. 4021, 1(6), 5-24-88; Code 1980, 35-6; Ord. No. 5408, 4-14-92; Ord. No. 6418, 7-14-98; Ord. No. 7359, 6-12-2007 effective October 1, 2007)

The Public Works Director shall keep an accurate record of the costs of cutting weeds and noxious vegetation growth from each specific lot, block, piece or parcel of land and he/she shall report the same to the City Clerk, whereupon the City Clerk shall mail a statement of such cost to the last known address of the owner, occupant or person in charge of such property, and if such costs are not paid within two (2) months from the mailing of such notice, the Council may proceed to levy and assess the costs and expenses thereof against the property as a special assessment, and the City Clerk shall certify such assessment to the County Clerk for collection of payment to the City the same as other assessments and taxes are collected, or the Council may direct the City Manager to file a civil action against the owner to recover costs and expenses of the work upon the property and adjoining streets and alleys.

(Ord. No. 4021, 1(7), 5-24-88; Code 1980, 35-7; Ord. No. 5408, 4-14-92; Ord. No. 6418, 7-14-98)

Any owner, occupant, or person in charge of any lot, block, piece or parcel of land within the City who creates, allows, permits or maintains a weed nuisance or violates the provisions of this Article shall be guilty of an infraction. Each distinct violation, and each day any such violation of the Article continues, shall constitute a separate offense.

(Ord. No. 4021, 1(8), 5-24-88; Code 1980, 35-8; Ord. No. 5408, 4-14-92)

For the purposes of this Article, the following words shall have the meanings respectively ascribed to them:

COMMERCIAL ESTABLISHMENT: Any nonresidential building or establishment, for profit or nonprofit, including, but not limited to, those used in retail, wholesale, industrial, manufacturing, dining, offices, professional services, automobile service, hotels and motels, restaurants, or shipping and receiving areas.

DEBRIS: Demolition materials, broken concrete, broken glass, and like material which is not recyclable.

GARBAGE: Rejected food wastes, including waste accumulation of animal, fruit or vegetable matter used or intended for food or that attend the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit or vegetable.

LANDFILL: Shall mean the Kearney Area Solid Waste Agency Landfill.

LIQUID WASTE: Any waste which contains liquids which will readily separate from the solid portion of a waste under ambient temperature and pressure.

OIL: A petroleum-based or synthetic oil which is used as a lubricant for internal combustion engines, transmission, gears, or axles and which, through use, storage or handling, has become unsuitable for its original purpose. This does not include oils used for cooking.

OWNER OF LAND: The owner, owner's duly authorized agent, or occupant of any residential dwelling, commercial establishment, or nonprofit organization which shall be in possession of any property in the City of Kearney, whether as owner, occupant, lessee, duly authorized agent of the owner, or tenant.

REFUSE: Putrescible and non-putrescible solid wastes, except body wastes, and includes garbage, rubbish, ashes, incinerator ash, incinerator residue, street cleanings, industrial wastes, and other such wastes.

RESIDENTIAL DWELLING: Any housing structure with at least one (1) unit, including, but not limited to, single-family homes, mobile homes, and multi-family dwellings.

RUBBISH: Non-putrescible solid wastes, excluding ashes, consisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, or litter of any kind that will be a detriment to the public health and safety.

TRASH: Wastepaper, scrap lumber, packing boxes, crates, paper or pasteboard boxes, cartons, excelsior, hay, straw and other combustible packing materials and refuse, broken glass, tin cans and containers and all other waste materials, except garbage, ashes, manure and dead animals.

TREES: Tree limbs, branches, trunks, etc. larger than one (1) inch in diameter.

YARD WASTE: Plant material, leaves, grass or shrubbery cuttings or clippings, tree trimmings, hedge clippings, bushes, flowers, roots, branches, tree limbs not over one (1) inch in diameter and other organic materials collected as a result of the care of lawns, shrubbery, vines and gardens.

(Code 1958, 14.1; Code 1980, 16-1; Ord. No. 5405, 4-14-92)

It shall be unlawful for any person to keep in, on, or about any dwelling house, building or premises in the City, any decayed vegetable or animal substance, garbage, offal or refuse matter or any substance that may be injurious to the public health or offensive to the residents or inhabitants of the vicinity unless the same is kept in receptacles provided therefor.

(Code 1958, 14.6; Code 1980, 16-2)

A.

Any person who deposits, throws, discards or otherwise disposes or leaves any litter on any public or private property, or in any waters, commits the offense of littering unless:

1.

Such property is an area designated by law for the disposal of such material and such person is authorized by the proper public authority to so use such property; or

2.

The litter is placed in a receptacle or container installed on such property for such purpose.

B.

The word "litter" as used in this section means all waste material susceptible of being dropped, deposited, discarded or otherwise disposed of by any person upon any property in the City, including but not limited to, all rubbish, refuse, waste material, garbage, trash, debris, bottles, cans, glass containers, or other foreign substances, solid or liquid, of every form, size, kind and description. Waste material, as used in this subsection, shall mean any material appearing in a place or in a context not associated with that material's function or origin.

C.

Whenever litter is thrown, deposited, dropped or dumped from any motor vehicle in violation of this section, the operator of such motor vehicle commits the offense of littering.

(Code 1980, 16-3; Ord. No. 5405, 4-14-92; Ord. No. 6031, 11-28-95)

State Law reference— Littering, Neb. Rev. Stat. 28-523

A.

Generally. The owner or occupant of any store or other place of business situated within the City including builders and contractors, shall exercise reasonable diligence at all times to keep his/her premises clean of wastepaper, wrapping paper, paper napkins, cartons, package containers and other used or waste materials thrown or left on said premises by its customers, and to take reasonable measures to prevent same drifting or blowing to adjoining premises.

B.

Receptacles. Receptacles of sufficient size and number shall be placed on the premises accessible to the customers of such business where the above referred to articles of waste may be disposed of.

C.

Signs. Each and every business establishment shall place upon its premises in a conspicuous place or places in close proximity to the receptacle or receptacles above referred to, a sign or signs which shall, in essence, convey to its customers a request that they use such receptacles for the disposal of waste material.

(Code 1980, 16-4)

It shall be unlawful for any customer going upon the premises of another to in any manner dispose of wastepaper, wrapping paper, paper napkins, cartons, package containers, and other used or waste materials except in receptacles provided for such purposes.

(Code 1980, 16-5)

(Ord. No. 6032, 11-28-95)

No garbage, rubbish, trash, junk or waste shall be thrown or permitted to fall on the ground on private premises or into streets, alleys or vacant lots nor shall it be allowed to accumulate on any premises, except as hereinafter provided.

(Code 1958, 14.6; Code 1980, 16-17)

It shall be unlawful for any person to throw or deposit or cause to be thrown or deposited any rubbish, waste or garbage on any vacant lot, public thoroughfare, street or alley or public property or any place whatsoever except the place provided by the Board of Health.

(Code 1958, 14.11; Code 1980, 16-18)

It shall be unlawful for any person to haul for hire, other than the City, any garbage, trash, refuse or other waste, solid waste, scrap or discarded material, within the City or away from the City; provided, however, that this section shall not apply to any person who elects to haul, transport and dispose of his/her own garbage and other waste, and those hauling yard waste and trees, who may do so in accordance with the rules and regulations of the Utilities Department as may be provided from time to time; and further provided that this Section shall also not apply to any person who is hauling recyclable materials as defined by Article 2 of this Chapter, yard wastes and trees, or to a building contractor hauling scrap, debris or waste material from an ongoing construction site.

(Code 1958, 14.2; Code 1980, 16-19; Ord. No. 5735, 4-12-94)

Every household or occupant of any dwelling house or other building used for the housing of persons, and the owner, keeper or manager of every hotel, restaurant, store, wholesale business, retail business or other place where garbage accumulates in the City, shall be required to pay the associated collection fee as set forth in 5-212 and, if using the collection services, shall use only those containers provided by the City for the keeping and storage for collection of garbage, rubbish, trash, or waste materials. Generally, the City will provide individual containers of ninety (90) gallons, or containers of three hundred (300) gallons for shared usage by residential dwellers or individual commercial or business usage, which shall be designed to be capable of being picked up by the City's truck equipment. When determined to be necessary or more efficient by the City Manager or his designee, metal dumpsters may be provided. These containers shall remain the property of the City and reside with the address that they are assigned. These containers shall remain the property of the City. Dumpsters, ninety (90) gallon and three hundred (300) gallon containers, may be provided for the use of some commercial and industrial businesses.

(Code 1958, 14.4; Ord. No. 3552, 1, 10-12-82; Code 1980, 16-20; Ord. No. 6033, 11-28-95; Ord. No. 8058, 12-22-2015)

It shall be unlawful for any person to place, or permit another to place, any garbage or trash in any receptacle, at any refuse collection point or in any garbage container used in the City container collection service, unless the garbage, trash, or refuse is from the premises served by the container or from the premises at which the container or collection point is located. City service containers, which are located at several points in the City areas, are provided for garbage and trash from residential dwellings, apartment house areas, businesses, and institutions within the City limits, and garbage, trash, and refuse from outside the City limits shall not be placed in the City service containers. It shall be unlawful for any person to place or deposit, or permit another to place or deposit, prohibited garbage, trash, and refuse in City service containers or to put anything on the ground at these locations. No person shall remove any container from the premises to which it is assigned or willfully or intentionally damage any garbage container.

(Code 1958, 14.7; Ord. No. 3552, 2, 10-12-82; Code 1980, 16-21; Ord. No. 8058, 12-22-2015)

A.

The following schedule of charges for collection of refuse and garbage shall be levied against each property served:

1.

Residential unit (single-family, manufactured homes, duplexes, and single units of condominiums). The monthly rate is set forth in the City of Kearney Comprehensive Fee Schedule per unit. Curbside collection of recyclables is a free service.

2.

Multiple residential unit (apartments). The monthly rate is set forth in the City of Kearney Comprehensive Fee Schedule per apartment.

3.

Commercial and industrial units (includes all structures or parts thereof not included as a residential or multiple residential unit.

The monthly rate schedule shall apply to all commercial and industrial businesses using two (2), three (3), six (6) and eight (8) cubic yard containers. The fee, as set forth in the City of Kearney Comprehensive Fee Schedule, is based on the number of containers and the number of collections each week.

Commercial or industrial businesses that share a common container shall have the above rates prorated as determined by the Director of Utilities.

Compactor container fees will be negotiated based on compaction ratio, collection costs and disposal costs.

Commercial and industrial businesses using ninety (90) and three hundred (300) gallon containers shall pay the fees set forth in the City of Kearney Comprehensive Fee Schedule.

4.

Commercial cardboard (complying with City requirements). Corrugated cardboard will be collected in metal containers from businesses who wish to recycle at a rate as set forth in the City of Kearney Comprehensive Fee Schedule per once a week collection per container per month.

5.

Yardwaste (residential and commercial units). Yardwaste will be collected once per week at a rate as set forth in the City of Kearney Comprehensive Fee Schedule per month per ninety (90) gallon container.

6.

Roll-off box: Roll-off boxes for special projects will be serviced at a fee as set forth in the City of Kearney Comprehensive Fee Schedule per pull. Box rent shall accrue at the rate as set forth in the City of Kearney Comprehensive Fee Schedule per day. Landfill disposal fees are additional to the rate shown here and will be the responsibility of the customer.

7.

Three (3) yard and six (6) yard containers for special projects are available for a fee as set forth in the City of Kearney Comprehensive Fee Schedule.

B.

Sanitation service charges will be billed with water and/or sewer use fees. Charges will be collected at the same time, in the same manner, and by the same officers as water and sewer charges are collected by the City. If not paid within twenty (20) days after billing, it shall be deemed delinquent, and the water service to such user or property may be discontinued, in accordance with Nebraska statutes, until charges are paid.

C.

Commercial or industrial properties and others to be served by dumpster units or other trash containers shall purchase and maintain City-approved dumpster units and trash containers.

D.

All residential and commercial rates are mandatory unless the commercial or residential units are unoccupied. Unoccupied shall mean that the premise is vacant and the water service to the premises is off.

E.

All applicable rates shall be prorated based on the date service began or ended.

F.

If the rates or charges billed for collection of garbage and refuse are not paid to the City of Kearney by the due date as indicated on the utility bill, such bill shall become subject to a delinquency fee of five percent (5%) of the total bill.

(Ord. No. 3763, §1-3, 7-23-85; Ord. No. 4086, 1, 3-14-89; Code 1980, 16-22; Ord. No. 5318, 10-22-91; Ord. No. 5413, 4-28-92; Ord. No. 5642, 7-27-93; Ord. No. 6034, 11-28-95; Ord. No. 6263, 3-25-97; Ord. No. 6601, 12-14-99; Ord. No. 7260, 5-9-2006; Ord. No. 7754, 10-23-2012; Ord. No. 8058, 12-22-2015)

A.

Generally; definitions. Every garbage container required by this Article shall be maintained in a sanitary condition by the owner of the property to which it has been assigned; the container shall be thoroughly cleansed as needed by washing or scrubbing. Physical maintenance and repair of the container shall be done as prescribed by an administrative policy approved by the City Manager.

1.

COMMERCIAL GARBAGE CONTAINER OR DUMPSTER: Any plastic or metal container used by businesses or apartment buildings.

2.

RESIDENTIAL GARBAGE CONTAINER: Any ninety (90) gallon or three hundred (300) gallon container for household use.

B.

Purchase; replacement; retrieval.

1.

Commercial dumpsters shall be purchased by the business as set forth in the City of Kearney Comprehensive Fee Schedule to which they are assigned to accommodate all refuse from the business initially or any subsequent expansion of the business requiring more containers because of increased amounts of refuse. The business shall also be responsible for damage by vandalism or fire and for washing or keeping the dumpster(s) clean. Any other damage, such as lids, wheels, etc., shall be repaired by the City, including replacement of the container at the end of its normal life.

2.

Residential containers shall be purchased by the owners of newly constructed dwellings to remain at the dwelling and shall be maintained by the City except for normal washing to maintain its sanitary condition. Whenever damage results as a result of vandalism on days other than the normal collection day or as a result of fire due to the deposit of any refuse by the owner or occupant, the cost of replacing the container shall be the expense of the owner of the property to which it has been assigned. Also, containers left at the curb on days other than normal collection days may be collected by the City. The owner or occupant may retrieve their container by paying a fee as set forth in the City of Kearney Comprehensive Fee Schedule.

(Code 1958, 14.4; Ord. No. 3552, 4, 10-12-82; Ord. No. 5152, 1, 8-14-90; Code 1980, 16-23; Ord. No. 7358, 6-12-2007 effective October 1, 2007; Ord. No. 8058, 12-22-2015)

Materials impregnated with urine, poisons, explosives, dangerous or corrosive chemicals, clothing taken from persons with infectious diseases, heavy metals or metal parts, lumber, rocks, bricks, concrete blocks, tires, crates, yard waste, trees, lead acid batteries, oil, appliances, liquid wastes, and other refuse from construction or remodeling shall not be placed in garbage containers provided by the City, and it shall be the duty of each property owner or tenant occupying the premises to maintain the containers assigned for use of that premises. Damage to any container shall immediately be reported to the City Manager by the party to whom the container is assigned or by the party who has damaged the container.

(Ord. No. 3552, 5, 10-12-82; Code 1980, 16-24)

Garbage containers shall be kept closed tightly, except during the collection or deposit of garbage, trash or refuse or solid waste. The contents of all containers and receptacles shall be so protected that the wind cannot blow out and scatter the same over the streets, alleys and premises of the City.

(Code 1958, 14.4; Ord. No. 3552, 6, 10-12-82; Code 1980, 16-25)

No smoldering or burning materials of any type or nature whatsoever, including hot or live ashes, shall be placed or deposited in any of the City's garbage containers.

(Code 1958, 14.8; Ord. No. 3552, 7, 10-12-82; Code 1980, 16-26)

It shall be unlawful for any property owner or tenant occupying any premises within the City limits to have in his/her possession or to use any open trash burner or incinerator or to burn any trash in any manner whatsoever within any residential area in the City. Incinerators which have been duly approved by the State may be used in the business or commercial areas in the City only in compliance with all applicable provisions of this Code, State law and City ordinances, rules and regulations.

(Code 1958, 14.10; Code 1980, 16-27)

A.

No person shall carry, cart, haul or convey any manure, rubbish, garbage, waste, yard waste, trash or any other refuse matter through the streets, alleys or public places of the City except in some tight vehicle, trailer, conveyance, box or bed so made, placed and loaded that none of its contents shall be spilled or strewn over, on or along such street, alley or public place.

B.

When any garbage, trash, paper, leaves, waste, manure, yard waste or any refuse which may be blown or dropped from the truck vehicle or conveyance is being hauled or conveyed through the streets or alleys, the truck or vehicle or conveyance shall at all times, while in motion, be kept covered with a canvas, wood, or metal cover free from holes, except that construction debris may be covered with a net, which shall cover the entire portion of the load in the truck or vehicle and shall be firmly and closely attached to both sides and ends thereof.

C.

No person shall carry, cart, haul or convey any garbage in any wagon, truck, trailer or any other conveyance unless the same is watertight, and is cleaned and disinfected with sufficient frequency so as not to cause offense to the eye or nose and is enclosed.

D.

The Council may at any time by resolution provide that all said conveyances be constructed or provided with metal bodies or beds.

(Code 1958, 14.11; Code 1980, 16-28; Ord. No. 6275, 5-13-97)

It shall be the duty of all property owners and tenants occupying premises upon which manure of any kind accumulates to provide suitable sealable and leak-proof receptacles therefor. Such receptacle shall be emptied promptly and completely at all such times as may be necessary to prevent the same from becoming injurious and dangerous to the health, comfort or welfare of individuals or the public. Dead animals shall not be buried within the City nor within two (2) miles of the City in and above the course of ground water that is used for drinking purposes by the City.

(Code 1958, 14.5; Code 1980, 16-29)

The Council hereby designates the Kearney Area Solid Waste Agency Landfill, located northwest of the city, as the designated place or depository for garbage, trash and refuse generated by the citizens of the city or collected by the City garbage collection system. Persons using the sanitary landfill shall be subject to such regulations, including payment of fees, as may be established for its use by resolution of the Kearney Area Solid Waste Agency.

(Code 1958, 14.9; Ord. No. 3552, 8, 10-12-82; Code 1980, 16-30; Ord. No. 6035, 11-28-95)

State Law reference— Similar provisions, Neb. Rev. Stat. 13-1701, et seq., 13-2001, et seq., and 81-1501, et seq.

Highly inflammable or explosive materials shall not be placed in containers for regular collection or disposal but shall be disposed of as directed by the Fire Administrator at the expense of the owner or possessor thereof.

(Code 1980, 16-31)

The City Manager shall be empowered and authorized to promulgate rules and regulations, subject to the approval of the Council, concerning the garbage collection policies of the City which deal with subjects or matters concerning garbage collection not provided for by ordinance or resolution of the Council. The City Manager may authorize seasonal collection programs, such as neighborhood or self-service trash dumping.

(Ord. No. 3552, 9, 10-12-82; Code 1980, 16-32)

The City of Kearney will provide for collection of refuse once per week for single family residential dwellings with 90-gallon containers. Each owner of land within the City shall separate from other refuse and not place in the garbage containers any yard wastes and other banned materials, such as lead/acid batteries, stoves, refrigerators and other appliances, oil, liquid waste and trees.

(Ord. No. 5405, 4, 4-14-92; Ord. No. 8058, 12-22-2015)

Any person who violates any provision of this Division shall be deemed guilty of an infraction. Each day any such violation of this Division continues shall constitute a separate offense. Containers found or observed being used in violation of this Article may be collected by the City. The owner or occupant may retrieve their container by paying a fee as set forth in the City of Kearney Comprehensive Fee Schedule.

(Ord. No. 5405, 5, 4-14-92; Ord. No. 6036, 11-28-95; Ord. No. 7358, 6-12-2007 effective October 1, 2007)

As used in this Article, the following words shall, unless the context otherwise clearly required, have the following meanings:

CITY MANAGER: Shall mean the City Manager of the City of Kearney or such City Manager's designated agent.

NON-RECYCLABLE MATERIALS: All other garbage, refuse, trash and waste materials not specifically defined as a "recyclable material," as defined below.

RECYCLABLE MATERIALS: Shall mean the following:

(a)

Newsprint (newspapers, but not including slick paper advertisements included in a newspaper);

(b)

Aluminum cans and metal (tin) cans and containers;

(c)

Glass bottles (but not including window glass);

(d)

Waste motor oil;

(e)

Automobile batteries;

(f)

Cardboard;

(g)

Rubber by-products and tires;

(h)

Plastics;

(i)

Plastic milk jugs; and/or

(j)

Restaurant grease.

(Ord. No. 5736, 4-12-94)

No person, firm, partnership, corporation, or association shall for hire use the public rights-of-way to collect or transport any recyclable materials within the City limits of the City without having first obtained a permit as hereafter provided. All permits shall be issued for a one-year period commencing January 1 and ending on December 31 of each year, and no permit issued shall be transferable. No permit shall be granted until the applicant shall present a receipt for the fee and a certificate or policy of liability insurance as hereafter required to the City Clerk.

(Ord. No. 5736, 4-12-94)

Application for such permit shall be made in writing to the City Clerk and shall include the address from which such business shall be conducted and shall be signed by the owner of said business. The application shall state the make, model, year and license number for each motor vehicle to be used by the applicant hereunder.

By signing an application, haulers thereby agree to indemnify and save harmless the City of Kearney from and against all claims, suits, damages, costs, losses, fines, penalties and expenses, including pollution clean-up costs which, in any manner, accrue, result or arise out of the conduct of the haulers' business activities in collecting recyclable materials, and the hauler further agrees to comply with all the terms and conditions of the Integrated Solid Waste Management Act (Section 13-2001, et seq., Laws 1992 LB1257).

(Ord. No. 5736, 4-12-94)

Every person who shall, for hire or reward, engage in the business of collecting or transporting recyclable materials or shall offer such service to the public shall pay an annual permit fee or any fractional part thereof as set forth in the City of Kearney Comprehensive Fee Schedule.

(Ord. No. 5736, 4-12-94; Ord. No. 7358, 6-12-2007 effective October 1, 2007)

Upon filing with the City Clerk such application, together with a receipt showing payment of the license fee as provided for, said application shall be considered by the City Clerk. If the application complies with this Ordinance, all required fees have been paid and proof of insurance has been provided, and it does not appear that any City ordinance or state law will be violated by the operation, the City Clerk shall issue the license.

(Ord. No. 5736, 4-12-94)

The City Clerk shall provide a copy of the license for each truck to be used. A copy shall be carried in each truck and securely fastened in a conspicuous place so as to be readily seen at all times.

(Ord. No. 5736, 4-12-94)

The provisions of this Article shall apply to the person in immediate control or possession of any vehicle carrying recyclable materials, to all persons owning any vehicle used during any violation, and to all persons employing the person in such immediate control or possession for the purpose of hauling, depositing or dropping recyclable materials.

(Ord. No. 5736, 4-12-94)

A permit holder shall maintain records showing the customers served, the origin, amount and types of recyclables collected, the fees charged for collection, destination of recyclables, and the amount of revenue received for resale of the various types of recyclables, and shall make such records available for inspection and review by employees or agents of the City, upon reasonable notice.

(Ord. No. 5736, 4-12-94)

It shall be unlawful to operate a vehicle hereunder or permit the same to be operated unless the permit holder shall first have provided proof of insurance in the form of an original certificate of insurance in the amount of $1,000,000 (one million dollars) to the City Clerk for general liability and automobile liability. Worker's compensation, including employer's liability, shall be carried and evidenced in such certificate with at least the following limits:

(a)

$100,000 each accident;

(b)

$500,000 policy limit; and

(c)

$100,000 each employee.

Such insurance shall remain in full force and effect during the term of the permit. The haulers' general liability and automobile liability policies shall also name the City of Kearney as an additional insured. Said policies are to be issued by an insurance company licensed to do business in the State of Nebraska.

(Ord. No. 5736, 4-12-94)

The provisions of this Article shall not apply to:

(a)

Garbage trucks or other vehicles operated by the City of Kearney collecting solid or liquid waste, trash, refuse, garbage or recyclable materials.

(b)

Any person transporting recyclables in interstate commerce through the City of Kearney where such recyclable materials do not have their origin or destination within the City of Kearney or within its two mile zoning jurisdiction.

(c)

The United States or the State of Nebraska.

(d)

Commercial or private recyclers hauling and disposing of their own recyclable materials which originated or were generated at their place of residence or commercial facility.

(e)

Haulers of recyclable materials collected from commercial businesses which do not require the materials to be placed upon the City's rights-of-way for collection.

(Ord. No. 5736, 4-12-94)

Recyclers shall not require or permit recyclable materials which they are collecting to be placed on the City's rights-of-way in such a manner as to impede, obstruct or interfere with the collection of solid waste materials by the trucks operated by the City of Kearney. All recyclable materials placed upon the rights-of-way for pick up by the recycler shall not be left upon the City right-of-way for a period longer than eight (8) hours.

(Ord. No. 5736, 4-12-94)

(a)

Placement for collection: Recyclable materials may be placed for collection on the right-of-way, but not on sidewalks or traveled portions of the street.

(b)

Donation to others: Nothing in this ordinance is intended to prevent any person from donating or selling recyclable materials to any person, club, business, civic organization, charitable organization or any other organization.

(c)

Recyclable materials shall be kept in closed or sealed plastic bags, plastic barrels or other containers in such a manner that the materials cannot be blown about or scattered by animals or otherwise scattered.

(d)

The collection and handling of recyclable materials shall be subject to all other provisions of this chapter, where applicable.

(Ord. No. 5736, 4-12-94)

Permits granted under this Article may be suspended or revoked at any time by the City Manager for any violation of this Ordinance. The City Manager shall first hold a hearing, after reasonable notice to the permit holder concerning such revocation or suspension. The City Manager may, at any time, refuse to grant a permit on the basis of inadequate information supplied by the applicant or upon the basis of reasonable proof that the applicant disposed of recyclable materials improperly.

(Ord. No. 5736, 4-12-94)

Any person aggrieved by the issuance, denial, suspension, cancellation or revocation of any permit provided for in this Article, may, within five (5) days of receipt of written notice of the entry of such order or decision, appeal to the City Council by filing a Notice of Appeal with the City Clerk of the City of Kearney. The appeal to the Council shall be set for hearing before the City Council at its next regularly convened Council Meeting.

(Ord. No. 5736, 4-12-94)

Any person, partnership, firm or corporation violating any of the provisions of this Division shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished in accordance with Section 1-111 of this Code. Each distinct act or violation of the terms or provisions of this Division shall constitute a separate offense.

(Ord. No. 5736, 4-12-94; Ord. No. 6037, 11-28-95)

The rules and regulations of the Department of Health of the State as revised, adopted and promulgated in pamphlet form, dated September 27, 1954, are filed with the City Clerk, and such rules and regulations, together with any alterations or amendments thereto, are incorporated herein by reference, insofar as the same are applicable to cities of the first class, the same as though copied at full length in this Chapter.

(Code 1958, 16.1; Code 1980, 17-1)

The Board of Health may make and promulgate such rules and regulations, in addition to and not in conflict with the rules and regulations referred to in the preceding section, as may be expedient or necessary to carry out the full intent and purpose of this Chapter and when made and published in the manner provided for ordinances, shall have the full force and effect of an ordinance of the City.

(Code 1958, 16.2; Code 1980, 17-2)

There is hereby created and established a Board of Health in and for the City.

(Code 1958, 16.3; Code 1980, 17-16)

The Board of Health shall consist of five (5) members and shall be composed of the Mayor/President and Vice-President of the Council, a City Physician to be appointed by the Mayor/President, subject to the approval of the Council, the Chief of Police and the City Manager.

(Code 1958, 16.3; Code 1980, 17-17)

The Mayor/President of the Council shall be the Chairperson of the Board of Health, the Chief of Police shall be its secretary and the City Physician shall be the medical adviser of the Board. In the absence or disability of the Mayor/President, the Vice-President of the Council shall perform the duties of the Chairperson of the Board.

(Code 1958, 16.3; Code 1980, §17-18)

A majority of the members of the Board of Health shall constitute a quorum for the transaction of business.

(Code 1958, 16.3; Code 1980, 17-19)

The Board of Health shall keep a record of all its transactions, orders, notices and of such other action taken by it, which records shall be filed with the City Clerk and shall be made public records of the City and shall be accessible to the public for inspection in the office of the Clerk at all reasonable hours.

(Code 1958, 16.4; Code 1980, 17-20)

In the absence or disability of any member of the Board of Health, the Mayor/President may appoint a substitute for the duration of such absence or disability. The substitute so appointed shall have the power to do and perform all and every act as the regular member of the Board while serving on the Board.

(Code 1958, 16.4; Code 1980, 17-21)

It shall be the duty of the Board of Health to safeguard the health of the people of the City, to prevent nuisances and unsanitary conditions and to abate the same and to enforce the provisions of this Code and ordinances of the City relating or pertaining to the health or sanitary conditions of the City.

(Code 1958, 16.5; Code 1980, 17-22)

The Board of Health, in case of a virulent epidemic that is dangerous to life, is hereby empowered to quarantine the entire City and permit no one to leave or come into the City during the period of quarantine. To enforce the quarantine the Board may, and if necessary shall, call to its aid every adult inhabitant of the City between the ages of eighteen (18) and sixty (60) years. It shall be unlawful for any person so called to refuse to aid the City in the manner directed by the Board of Health, in the enforcement of the quarantine.

(Code 1958, 16.6; Code 1980, 17-23)

(1)

The City Council hereby finds and declares, based upon the scientific and medical evidence before it, that:

(a)

The Novel Coronavirus (COVID-19) has impacted and continues to dramatically impact the citizens of the City of Kearney, Nebraska; and

(b)

And exposure to COVID-19 presents a risk of death or serious long-term disability; the exposure is widespread and poses significant risk of harm, including death, to people in the general population of the City of Kearney; there is a particular subset of the population that is more vulnerable to the threat and thus at an increased risk; and the threat is from a novel infectious disease; and

(c)

Information from the World Health Organization, the CDC, Nebraska Department of Health and Human Services, the Two Rivers Health Department, local public health departments throughout Nebraska, and members of the City of Kearney and Buffalo County medical community indicates that citizens of the City of Kearney have been and will continue to be exposed due to community transmissions of COVID-19; and

(d)

The manner in which the spread of COVID-19 cases in the City of Kearney has occurred creates an unacceptable risk to the health, safety, and welfare of the citizens of the City of Kearney; and

(e)

The number of COVID-19 infections within the City of Kearney continues to increase; and

(f)

COVID-19 constitutes a public nuisance and a threat to the health, safety, and welfare of the City of Kearney; and

(g)

The Director of the United States Centers for Disease Control and Prevention (CDC), the City Physician for the City of Kearney, doctors and infectious disease experts from the University of Nebraska Medical Center and Nebraska Medicine, have concluded that the wearing of face coverings by every individual while in public is one of the best methods to slow and stop the spread of COVID-19; and

(h)

The wearing of face coverings by every individual while indoors in public places in the City of Kearney will reduce community transmissions of COVID-19, resulting in fewer deaths, serious health complications, and will ease the strain on hospitals and other medical offices and facilities; and

(i)

The wearing of face coverings by every individual while indoors in public places in the City of Kearney will help keep businesses open and operating, encouraging economic growth, and preventing prolonged economic harm; and

(j)

It is just and proper for the City Council to exercise the authority granted to it by Nebraska statutes in furtherance of protecting the public health, safety, and welfare.

(Ord. No. 8457, § 2, 11-17-2020)

For purposes of this Article, the following terms are defined as follows:

FACE COVERING. A face covering is defined as a covering which, when worn properly, must cover the nose and mouth completely and can include a paper or disposable face mask, a cloth face mask, a scarf, a bandanna, a neck gaiter, or a religious face covering. Medical-grade masks and respirators are sufficient face coverings, but to preserve adequate supplies, their purchase and use is discouraged for those who do not work in a health care setting or in other occupations that require medical-grade personal protective equipment. Masks that incorporate a valve designed to facilitate easy exhaling, mesh masks, or masks with openings, holes, visible gaps in the design or material, or vents are not sufficient face coverings because they allow exhaled droplets to be released into the air.

PREMISES THAT ARE OPEN TO THE GENERAL PUBLIC. Premises that are open to the general public are broadly defined to include entities that employ or engage workers, including private-sector entities, public-sector entities, non-profit entities, regular commercial or business establishments private clubs religious centers or buildings public transportation (including buses, taxis, ride-sharing vehicles, or vehicles used for business purposes), and any place which is generally open to the public, including educational institutions and daycare facilities.

(Ord. No. 8457, § 2, 11-17-2020)

All individuals age five (5) and older shall wear a face covering over their mouth and nose while indoors in a premises that is open to the general public including, but not limited to, educational institutions, unless the individual maintains a minimum of six (6) feet of separation or social distance at all times from anyone who is not a member of the individual's household, except face coverings will not be required if the individual:

(1)

Is seeking federal, state, or county services; or

(2)

Is seated at a bar, restaurant, or their seat at an arena to eat or drink, or while immediately consuming food or beverages; or

(3)

Is engaged in an occupation preventing the wearing of a face covering; or

(4)

Is obtaining a service or purchasing goods or services that requires the temporary removal of the face covering; or

(5)

Is asked to remove a face covering to verify an identity for lawful purposes; or

(6)

Is providing a speech, lecture, or broadcast to an audience so long as six (6) feet of distancing from other individuals is maintained; or

(7)

Cannot otherwise wear a face covering because of a medical condition, a mental health condition, or a disability that makes it unreasonable for the individual to wear a face covering.

Nothing in this section shall prohibit the owner or person in charge of a premises that is open to the general public from requiring an individual to wear a face covering during any of the circumstances enumerated above or from implementing a more restrictive face covering policy.

(Ord. No. 8457, § 2, 11-17-2020)

Any individual or entity which maintains premises that are open to the general public including, but not limited to, educational institutions, shall require all individuals age five (5) and older to wear a face covering over their mouth and nose while indoors in said premises, unless the individual maintains a minimum of six (6) feet of separation or social distance at all times from anyone who is not a member of the individual's household, except face coverings will not be required if the individual:

(1)

Is seeking federal, state or county services; or

(2)

Is seated at a bar or restaurant to eat or drink, or while immediately consuming food or beverages; or

(3)

Is engaged in an occupation preventing the wearing of a face covering; or

(4)

Is obtaining a service or purchasing goods or services that requires the temporary removal of the face covering; or

(5)

Is asked to remove a face covering to verify an identity for lawful purposes; or

(6)

Is providing a speech, lecture, or broadcast to an audience so long as six (6) feet of distancing from other individuals is maintained; or

(7)

Cannot otherwise wear a face covering because of a medical condition, a mental health condition, or a disability that makes it unreasonable for the individual to wear a face covering.

Nothing in this section shall prohibit the owner or person in charge of a premises that is open to the general public from requiring an individual to wear a face covering during any of the circumstances enumerated above or from implementing a more restrictive face covering policy.

(Ord. No. 8457, § 2, 11-17-2020)

Any individual or entity which maintains premises that are open to the general public, including, but not limited to, educational institutions, must post one (1) or more signs that are visible to all persons—including workers, customers, and visitors instructing them to wear face coverings as required by this Article.

(Ord. No. 8457, § 2, 11-17-2020)

The provisions of this Article shall not apply to:

(1)

Courts of law; public utilities or federal, state, county, or city operations; medical providers, facilities, or pharmacies; congregate living centers or facilities; group homes and residential drug and/or mental health treatment facilities; shelters; airport travel; election offices; polling places on an election day; or to residential dwelling units.

(2)

Children under the age of five (5). While children ages three (3) and four (4) may wear a face covering if that child can remove the face covering without assistance, guidance from the CDC states that children two (2) years old and under should never wear a face covering due to the risk of suffocation.

(3)

Federal and state activities. Nothing in this Article shall be construed to limit, prohibit, or restrict in any way the operations of the federal or state government or the movement of federal or state officials in the city while acting in their official capacity, including federal and state judicial, legislative, and executive staff and personnel.

(4)

Individuals at their workplace when wearing a face covering would create a job hazard for the individual or others as determined by federal, state, or local regulators or workplace safety and health standards and guidelines.

(5)

Individuals who are alone in an office, room, a vehicle, the cab of heavy equipment or machinery, or an enclosed work area. In such situations, the individual should still carry a face covering to be prepared for person-to-person interactions and to be used when the individual is no longer alone.

(6)

Individuals who are seated at a desk or standing at a stationary workstation, provided that the desk or workstation has a solid Plexiglas or plastic barrier installed upon it which cannot be moved.

(7)

Individuals who are officiating at a religious service.

(8)

Individuals communicating with other individuals who are deaf or hard of hearing or who have a disability, medical condition, or mental health condition that makes communication with that individual while wearing a face covering difficult, provided that minimum social distancing of six (6) feet or more is maintained to the extent possible between persons who are not members of the same household.

(9)

Individuals who are engaged in activities, such as swimming or showering, where the face covering will get wet.

(10)

Individuals who are exercising in an indoor business or indoor space such as a gym or fitness center, while the level of exertion makes it difficult to wear a face covering, provided that minimum social distancing of six (6) feet or more is maintained at all times.

(11)

Individuals in an indoor premises that is generally open to the public while playing a musical instrument that cannot be played when a face covering is worn, provided that a minimum social distancing of six (6) feet or more is maintained at all times.

(12)

Public safety workers actively engaged in a public safety role, including, but not limited to, law enforcement personnel, fire fighters, or emergency medical personnel, in situations where wearing a face covering would seriously interfere in the performance of the individual's public safety responsibilities.

(13)

Participants in a sporting event, but only while they are playing the game, if the school or sponsoring organization does not require facial coverings, however, spectators, coaches, and non-participants would be required to wear facial coverings.

(Ord. No. 8457, § 2, 11-17-2020)

Any individual or entity which maintains premises that are open to the general public who fails to comply with the requirements of Section 5-314, above, is hereby declared to be a nuisance and a danger to the public health, safety, and welfare.

(Ord. No. 8457, § 2, 11-17-2020)

The provisions of this Article shall only apply to all persons and property within the corporate limits of the City of Kearney and shall not extend into the two-mile extraterritorial jurisdiction of the City.

(Ord. No. 8457, § 2, 11-17-2020)

Any individual or person who is found to have violated any of the provisions of this Article shall be guilty of an infraction as defined in section 1-112 of City Code for each offense and shall be subjected to a fine of twenty-five dollars ($25.00) for the initial offense. Each instance of violation of this Article may be considered to be a separate offense.

(Ord. No. 8457, § 2, 11-17-2020)

In addition to any other penalty sought or obtained under this Article or other applicable law, the City Attorney may institute injunctive or other appropriate civil proceedings necessary to obtain compliance with this Article or to abate any nuisance resulting from violations of this Article.

(Ord. No. 8457, § 2, 11-17-2020)

The requirements imposed by this Article shall expire and terminate at 11:59 p.m. on February 23, 2021, unless otherwise extended by ordinance of the City Council.

(Ord. No. 8457, § 2, 11-17-2020)

The City Physician of the City of Kearney shall, every month while the provisions of this Article remain in effect, prepare a report to be delivered to the Mayor and the City Council. The report shall include information on the number of new COVID-19 cases in Buffalo County, the City of Kearney hospital occupancy rate, and the ventilator utilization rate as well as any such information that the City Physician deems relevant to the spread of COVID-19 within the City of Kearney.

(Ord. No. 8457, § 2, 11-17-2020)