TITLE I: GENERAL PROVISIONS

Chapter

10. GENERAL CODE CONSTRUCTION; GENERAL

PENALTY

11. TOWN STANDARDS

CHAPTER 10: GENERAL CODE CONSTRUCTION; GENERAL PENALTY

Section

10.01 Title of code

10.02 Interpretation

10.03 Application to future ordinances

10.04 Captions

10.05 Definitions

10.06 Rules of interpretation

10.07 Severability

10.08 Reference to other sections

10.09 Reference to offices

10.10 Errors and omissions

10.11 Official time

10.12 Reasonable time

10.13 Ordinances repealed

10.14 Ordinances unaffected

10.15 Repeal or modification of ordinance

10.16 Section histories; statutory references

10.17 Local changes to this code of ordinances

10.99 General penalty

' 10.01 TITLE OF CODE.

This codification of ordinances shall be designated as the Village of Trenton Code of Ordinances, and may be so cited.

' 10.02 INTERPRETATION.

Unless otherwise provided herein, or by law or implication required, the same rules of construction, definition and application shall govern the interpretation of this code as those governing the interpretation of state law.

' 10.03 APPLICATION TO FUTURE ORDINANCES.

All provisions of Title I compatible with future legislation shall apply to ordinances hereafter adopted amending or supplementing this code unless otherwise specifically provided.

' 10.04 CAPTIONS.

Headings and captions used in this code other than the title, chapter and section numbers are employed for reference purposes only and shall not be deemed a part of the text of any section.

' 10.05 DEFINITIONS.

(A) General rule. Words and phrases shall be taken in their plain, or ordinary and usual sense; however, technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import.

(B) Definitions. For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BOARD OF TRUSTEES, VILLAGE BOARD or GOVERNING BODY. The legislative body of the Village of Trenton, Nebraska.

CODE, THIS CODE or THIS CODE OF ORDINANCES. This village code as modified by amendment, revision and adoption of new titles, chapters or sections.

COUNTY. Hitchcock County.

MAY. The act referred to is permissive.

MONTH. A calendar month.

OATH. Includes an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words SWEAR and SWORN shall be equivalent to the words AFFIRM and AFFIRMED.

OFFICER, OFFICE, EMPLOYEE, COMMISSION or DEPARTMENT. An officer, office, employee, commission or department of this village unless the context clearly requires otherwise.

PERSON. Includes bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies and associations. (Neb. RS 49-801(16))

PRECEDING or FOLLOWING. Next before or next after, respectively.

SHALL. The act referred to is mandatory.

SIGNATURE or SUBSCRIPTION. Includes a mark when the person cannot write.

STATE. The State of Nebraska.

SUBCHAPTER. A division of a chapter, designated in this code by a heading in the chapter analysis and a capitalized heading in the body of the chapter, setting apart a group of sections related by the subject matter of the heading. Not all chapters have SUBCHAPTERS.

VILLAGE, MUNICIPAL CORPORATION or MUNICIPALITY. The village adopting this Code.

WRITTEN. Any representation of words, letters or figures, whether by printing or otherwise.

YEAR. A calendar year, unless otherwise expressed.

' 10.06 RULES OF INTERPRETATION.

The construction of all ordinances of this village shall be by the following rules, unless that construction is plainly repugnant to the intent of the Village Board or of the context of the same ordinance.

(A) AND or OR. Either conjunction shall include the other as if written Aand/or@, if the sense requires it.

(B) Acts by assistants. When a statute or ordinance requires an act to be done which, by law, an agent or deputy as well may do as the principal, the requisition shall be satisfied by the performance of the act by an authorized agent or deputy.

(C) Gender; singular and plural; tenses. Words denoting the masculine gender shall be deemed to include the feminine and neuter genders; words in the singular shall include the plural, and words in the plural shall include the singular; the use of a verb in the present tense shall include the future, if applicable.

(D) General term. A general term following specific enumeration of terms is not to be limited to the class enumerated unless expressly so limited.

' 10.07 SEVERABILITY.

If any provision of this code as now or later amended or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision or application.

' 10.08 REFERENCE TO OTHER SECTIONS.

Whenever a section refers to another section hereof, that reference shall extend and apply to the section referred to as subsequently amended, revised, recodified or renumbered unless the subject matter is materially altered by the amendment or revision.

' 10.09 REFERENCE TO OFFICES.

Reference to a public office or officer shall be deemed to apply to any office, officer or employee of this village exercising the powers, duties or functions contemplated in the provision, irrespective of any transfer of functions or change in the official title of the functionary.

' 10.10 ERRORS AND OMISSIONS.

If a manifest error is discovered, consisting of the misspelling of any words; the omission of any word or words necessary to express the intention of the provisions affected; the use of a word or words to which no meaning can be attached; or the use of a word or words when another word or words was clearly intended to express the intent, the spelling shall be corrected and the word or words supplied, omitted or substituted as will conform with the manifest intention, and the provisions shall have the same effect as though the correct words were contained in the text as originally published. No alteration shall be made or permitted if any question exists regarding the nature or extent of the error.

' 10.11 OFFICIAL TIME.

The official time, as established by applicable state/federal laws, shall be the official time within this village for the transaction of all village business.

' 10.12 REASONABLE TIME.

(A) In all cases where an ordinance requires an act to be done in a reasonable time or requires reasonable notice to be given, REASONABLE TIME OR NOTICE shall be deemed to mean the time which is necessary for a prompt performance of the act or the giving of the notice.

(B) The time within which an act is to be done, as herein provided, shall be computed by excluding the first day and including the last. If the last day is Sunday, it shall be excluded.

' 10.13 ORDINANCES REPEALED.

This code contains all of the provisions of a general nature pertaining to the subjects enumerated and embraced in this code. All prior ordinances pertaining to the subjects treated by this code are repealed, except that nothing shall affect any rights acquired under, actions involving, or fines, penalties, forfeitures or liabilities incurred pursuant to those ordinances prior to repeal.

' 10.14 ORDINANCES UNAFFECTED.

(A) All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not embraced in this code, including ordinances specified in this section, shall remain in full force and effect unless repealed expressly or by necessary implication:

(1) Vacating or setting the boundaries of streets, alleys or other public places;

(2) Annexing or detaching territory;

(3) Granting or accepting easements, plats or dedication of land to public use;

(4) Providing for the acquisition or conveyance of real or personal property;

(5) Authorizing or directing public improvements to be made;

(6) Levying taxes or special assessments;

(7) Appropriating money;

(8) Granting franchises or special licenses; or

(9) Providing for the issuance of bonds or other instruments of indebtedness.

(B) All ordinances codified in this code shall remain in full force and effect unless repealed expressly.

' 10.15 REPEAL OR MODIFICATION OF ORDINANCE.

(A) Whenever any ordinance or part of an ordinance is repealed or modified by a subsequent ordinance, the ordinance or part of an ordinance thus repealed or modified shall continue in force until the publication of the ordinance repealing or modifying it to give effect thereto.

(B) No suit, proceedings, right, liability, fine, forfeiture or penalty instituted, created, given, secured or accrued under any ordinance previous to its repeal shall in any way be affected, released or discharged, but may be prosecuted, enjoyed and recovered as fully as if the ordinance had continued in force, unless it is otherwise expressly provided.

(C) When any ordinance repealing a former ordinance, clause or provision is itself repealed, the repeal shall not be construed to revive the former ordinance, clause or provision, unless it is expressly provided. Statutory reference: Requirements for amendments and revisions, see Neb. RS 17-614

' 10.16 SECTION HISTORIES; STATUTORY REFERENCES.

(A) A statutory cite included in the history indicates that the text of the section reads substantially the same as the statute. Example: (Neb. RS 18-132)

(B) A statutory cite set forth as a Astatutory referenceA following the text of the section indicates that the reader should refer to that statute for further information. Example:

' 39.01 PUBLIC RECORDS AVAILABLE.

This municipality shall make available to any person for inspection or copying all public records, unless otherwise exempted by state law. Statutory reference: Inspection of public records, see Neb. RS 84-712 et seq.

' 10.17 LOCAL CHANGES TO THIS CODE OF ORDINANCES.

(A) Any provision of this code of ordinances may be repealed, modified or superseded by an ordinance passed by the Village Board.

(B) An ordinance repealing, modifying or superseding any provision of this code may be codified as part of this code

(C) Local legislation codified in this code shall preempt other provisions of this code on the same or similar subjects as expressly stated in this code or implied by necessity. To the extent that there exists any conflict between local legislation codified in this code and any other provision of this code, the local legislation shall control.

' 10.99 GENERAL PENALTY.

(A) Any person who violates any of the provisions of this village code, unless otherwise specifically provided herein, shall be deemed guilty of an offense, and upon conviction thereof, shall be fined in any sum not exceeding $500. A new violation shall be deemed to have been committed every 24 hours of failure to comply with the provisions of this code.

(B) (1) Whenever a nuisance exists as defined in Title IX of this code, the village may proceed by a suit in equity to enjoin and abate the same, in the manner provided by law.

(2) 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. Statutory reference: Authority to abate nuisances, see Neb. RS 18-1720 and 18-1722 Authority to impose fines, see Neb. RS 17-207 and 17-505

CHAPTER 11: TOWN STANDARDS

Section

11.01 Seal

' 11.01 SEAL.

The official corporate seal of the municipality shall be kept in the office of the Municipal Clerk, and shall bear the following inscription: AVillage of Trenton, Seal, Hitchcock County, Nebraska@. The Municipal Clerk shall affix an impression of the official seal to all warrants, licenses, permits, ordinances and all other official papers issued by order of the governing body and countersigned by the Municipal Clerk. (1971 Code, ' 1-401) Statutory reference: Related provisions, see Neb. RS 17-502