TITLE XIII: GENERAL OFFENSES

Chapter

130. PROPERTY OFFENSES

131. OFFENSES AGAINST PUBLIC ORDER

132. OFFENSES AGAINST PUBLIC JUSTICE AND ADMINISTRATION

133. OFFENSES AGAINST PUBLIC HEALTH AND SAFETY

134. OFFENSES AGAINST PUBLIC MORALS

CHAPTER 130: PROPERTY OFFENSES

Section

130.01 Criminal mischief

130.02 Criminal trespass

130.03 Electrical interference

130.04 Injury to trees

130.05 Posting

' 130.01 CRIMINAL MISCHIEF.

(A) A person commits criminal mischief if he or she:

(1) Damages property of another intentionally or recklessly; or

(2) Intentionally tampers with property of another so as to endanger person or property; or

(3) Intentionally or maliciously causes another to suffer pecuniary loss by deception or threat.

(B) Criminal mischief is an offense:

(1) If the actor intentionally or maliciously causes pecuniary loss of $500 or more but less than $5,000; or

(2) If the actor intentionally, maliciously, or recklessly causes pecuniary loss in an amount of less than $500 or if his or her action results in no pecuniary loss. (Neb. RS 28-519) Penalty, see ' 10.99

' 130.02 CRIMINAL TRESPASS.

(A) A person commits first degree criminal trespass if:

(1) He or she enters or secretly remains in any building or occupied structure, or any separately secured or occupied portion thereof, knowing that he or she is not licensed or privileged to do so; or

(2) He or she enters or remains in or on a public power infrastructure facility knowing that he or she does not have the consent of a person who has the right to give consent to be in or on the facility.

(B) First degree criminal trespass is a Class I misdemeanor.

(C) For purposes of this section, PUBLIC POWER INFRASTRUCTURE FACILITY means a power plant, an electrical station or substation, or any other facility which is used by a public power supplier as defined in Neb. RS 70-2103 to support the generation, transmission, or distribution of electricity and which is surrounded by a fence or is otherwise enclosed. (Neb. RS 28-520)

(B) (1) A person commits second degree criminal trespass if, knowing that he or she is not licensed or privileged to do so, to enter or remain in any place as to which notice against trespass is given by:

(a) Actual communication to the actor; or

(b) Posting in a manner prescribed by law or reasonably likely to come to the attention of intruders; or

(c) Fencing or other enclosure manifestly designed to exclude intruders, except as otherwise provided in division (A) of this section.

(2) Second degree criminal trespass is a Class III misdemeanor, except as provided for in division (B)(3) of this section.

(3) Second degree criminal trespass is a Class II misdemeanor if the offender defies an order to leave personally communicated to him or her by the owner of the premises or other authorized person. (Neb. RS 28-521) Penalty, see ' 10.99

' 130.03 ELECTRICAL INTERFERENCE.

Any person operating, or causing to be operated, any motor, sign, or other electrical apparatus that is connected with the light and power system shall equip the apparatus with proper filtering attachments to eliminate interference, provided that the provisions herein shall not apply to the use of necessary medical equipment or apparatus where electrical interference cannot be reasonably and safely eliminated. Any person who so operates or causes to be operated any such electrical apparatus that interferes habitually with radio and television reception shall be deemed to be guilty of an offense. Penalty, see ' 10.99 Statutory reference: Provisions on nuisances, see Neb. RS 18-1720 and 28-1321

' 130.04 INJURY TO TREES.

It shall be unlawful for any person purposely or carelessly and without lawful authority to cut down, carry away, injure, break down, or destroy any fruit, ornamental, shade, or other tree or trees standing or growing on any land belonging to another person or persons or on any public land in the corporate limits. Any public service company desiring to trim or cut down any tree, except on property owned and controlled by it, shall make an application to the Board of Trustees to do so, and the written permit of the Board of Trustees in accordance with their decision to allow such an action shall constitute the only lawful authority on the part of the company to do so. Penalty, see ' 10.99

' 130.05 POSTING.

It shall be unlawful for any person to use the streets, sidewalks, or public grounds of the village for signs, signposts, or the posting of handbills or advertisements without written permission of the Board of Trustees. Penalty, see ' 10.99

CHAPTER 131: OFFENSES AGAINST PUBLIC ORDER

Section

131.01 Disorderly conduct

131.02 Street games

131.03 Obstruction of public ways

131.04 Obstructing water flow

131.05 Disturbing the peace

131.06 Curfew

' 131.01 DISORDERLY CONDUCT.

It shall be unlawful for any person to engage in conduct or behavior which disturbs the peace and good order of the village by clamor or noise, intoxication, drunkenness, fighting, or using obscene or profane language in the streets or other public places or otherwise violating the public peace by indecent or disorderly conduct or lewd or lascivious behavior. Penalty, see ' 10.99 Statutory reference: Authority to regulate noise, riots, and routs, see Neb. RS 17-556

' 131.02 STREET GAMES.

It shall be unlawful for any person to play catch, bat a ball, or kick or throw a football, or to engage in any exercise or sport, upon the village streets and sidewalks. Nothing herein shall be construed to prohibit or prevent the Board of Trustees from ordering from time to time certain streets and public places blocked off for the purpose of providing a safe area to engage in such exercise and sport. Penalty, see ' 10.99 Statutory reference: Additional authority, see Neb. RS 17-555 and 17-557

' 131.03 OBSTRUCTION OF PUBLIC WAYS.

It shall be unlawful for any person to erect, maintain, or suffer to remain on any street or public sidewalk a stand, wagon, display, or other obstruction inconvenient to or inconsistent with the public use of the same. Penalty, see ' 10.99 Statutory reference: Additional authority, see Neb. RS 17-555 and 17-557 Penalties for injuring or obstructing roads, see Neb. RS 39-301 and 39-302

' 131.04 OBSTRUCTING WATER FLOW.

It shall be unlawful for any person to stop or obstruct the passage of water in a street gutter, culvert, water pipe, or hydrant. Penalty, see ' 10.99 Statutory reference: Authority to abate nuisances, see Neb. RS 17-555 Authority to prevent water obstruction, see Neb. RS 17-920

' 131.05 DISTURBING THE PEACE.

It shall be unlawful for any person intentionally to disturb the peace and quiet of any person, family, or neighborhood. (Neb. RS 28-1322) Penalty, see ' 10.99

' 131.06 CURFEW.

(A) Curfew for minors.

(1) It is a curfew violation for a child 13,14,15,16, or 17 years of age to be in a public place:

(a) After 1:00 a.m. and before 5:00 a.m. on Saturday or Sunday;

(b) After midnight on Sunday, Monday, Tuesday, Wednesday, or Thursday; or

(c) Before 5:00 a.m. on Monday, Tuesday, Wednesday, Thursday, or Friday.

(2) It is a curfew violation for a child under 13 years of age to be in a public place after 10 p.m. or before 5:00 a.m. on any day.

(B) Exemptions. This section does not apply to a child who is:

(1) Accompanied by his parent, guardian, or custodian;

(2) Accompanied by an adult specified by his parent, guardian, or custodian;

(3) Carrying out an errand or other lawful activity as directed by his parent, guardian, or custodian;

(4) Occupying the sidewalk of the place where such minor resides, or on the sidewalk of either next door neighbor who has not communicated an objection to a police officer or the police department; or

(5) Participating in, going to, or returning from:

(a) Lawful employment;

(b) A lawful athletic, educational, entertainment, religious, or social event; or

(c) Interstate travel.

CHAPTER 132: OFFENSES AGAINST PUBLIC JUSTICE AND ADMINISTRATION

Section

132.01 Impersonating a public servant

132.02 Impersonating a peace officer

132.03 Refusing to aid a peace officer

132.04 Resisting arrest without the use of a deadly or dangerous weapon

132.05 Obstructing a peace officer

132.06 Interfering with firefighter

132.07 False reporting

' 132.01 IMPERSONATING A PUBLIC SERVANT.

It shall be unlawful for any person falsely to pretend to be a public servant other than a peace officer and perform any act in that pretended capacity. It is no defense that the office the actor pretended to hold did not in fact exist. (Neb. RS 28-609) Penalty, see ' 10.99

' 132.02 IMPERSONATING A PEACE OFFICER.

It shall be unlawful for any person to falsely pretend to be a peace officer and perform any act in that pretended capacity. (Neb. RS 28-610) Penalty, see ' 10.99

' 132.03 REFUSING TO AID A PEACE OFFICER.

It shall be unlawful for any person, upon a request by a person known to him or her to be a peace officer, unreasonably to refuse or fail to aid the peace officer in:

(A) Apprehending any person charged with or convicted of any offense against any of the laws of this state or village; or

(B) Securing the offender when apprehended; or

(C) Conveying the offender to the jail of the county or this village. (Neb. RS 28-903) Penalty, see ' 10.99

' 132.04 RESISTING ARREST WITHOUT THE USE OF A DEADLY OR DANGEROUS

WEAPON.

(A) It shall be unlawful for any person, without the use of a deadly or dangerous weapon, while intentionally preventing or attempting to prevent a peace officer, acting under color of his or her official authority, from effecting an arrest of the actor or another, to:

(1) Use or threaten to use physical force or violence against the peace officer or another;

(2) Use any other means which creates a substantial risk of causing physical injury to the peace officer or another; or

(3) Employ means requiring substantial force to overcome resistance to effecting the arrest.

(B) It is an affirmative defense to prosecution under this section if the peace officer involved was out of uniform and did not identify himself or herself as a peace officer by showing his or her credentials to the person whose arrest is attempted. (Neb. RS 28-904) Penalty, see ' 10.99

' 132.05 OBSTRUCTING A PEACE OFFICER.

(A) A person commits the offense of obstructing a peace officer when, by using or threatening to use violence, force, physical interference, or obstacle, he or she intentionally obstructs, impairs, or hinders:

(1) The enforcement of the penal law or the preservation of the peace by a peace officer or judge acting under color of his or her official authority; or

(2) A police animal assisting a peace officer acting pursuant to the peace officer's official authority.

(B) For purposes of this section, POLICE ANIMAL means a horse or dog owned or controlled by the state or any county, city, or village for the purpose of assisting a peace officer acting pursuant to his or her official authority. (Neb. RS 28-906) Penalty, see ' 10.99

' 132.06 INTERFERING WITH FIREFIGHTER.

A person commits the offense of interfering with a firefighter if at any time and place where any firefighter is discharging or attempting to discharge any official duties, the person willfully:

(A) Resists or interferes with the lawful efforts of any firefighter in the discharge or attempt to discharge an official duty;

(B) Disobeys the lawful orders given by any firefighter while performing his or her duties;

(C) Engages in any disorderly conduct which delays or prevents a fire from being extinguished within a reasonable time; or

(D) Forbids or prevents others from assisting or extinguishing a fire, or exhorts another person, as to whom he or she has no legal right or obligation to protect or control, not to assist in extinguishing a fire. (Neb. RS 28-908) Penalty, see ' 10.99

' 132.07 FALSE REPORTING.

(A) It shall be unlawful for any person to:

(1) Furnish material information he or she knows to be false to any peace officer or other official with the intent to instigate an investigation of an alleged criminal matter or impede the investigation of an actual criminal matter;

(2) Furnish information he or she knows to be false alleging the existence of the need for the assistance of an emergency medical service or out-of-hospital emergency care provider or an emergency in which human life or property are in jeopardy to any hospital, emergency medical service, or other person or governmental agency;

(3) Furnish any information, or cause information to be furnished or conveyed by electric, electronic, telephonic, or mechanical means, knowing the same to be false concerning the need for assistance of a fire department or any personnel or equipment of such a department;

(4) Furnish any information he or she knows to be false concerning the location of any explosive in any building or other property to any person; or

(5) Furnish material information he or she knows to be false to any governmental department or agency with the intent to instigate an investigation or to impede an ongoing investigation and which actually results in causing or impeding the investigation.

(B) A person who violates this section commits the offense of false reporting. (Neb. RS 28-907) Penalty, see ' 10.99

CHAPTER 133: OFFENSES AGAINST PUBLIC HEALTH AND SAFETY

Section

General Provisions

133.01 Maintaining a nuisance

133.02 Appliances in yard

133.03 Putting carcass or filthy substance into well, spring, brook, or stream

133.04 Prohibited fences

133.05 Littering

133.06 Raising or producing stagnant water

Substance Offenses

133.20 Use of tobacco by minors

133.21 Sale of tobacco to minors

133.22 Misrepresentation by minor to obtain tobacco

133.23 Misrepresentation by minor to obtain alcohol

133.24 Minors; prohibited acts involving alcoholic liquor

133.25 Drinking on public property; open beverage container

Motor Vehicle and Highway Offenses

133.40 Abandoned automobiles

133.41 Unlicensed or inoperable vehicles

Weapons Offenses

133.60 Discharge of firearms

133.61 Slingshots, air guns, BB guns

133.62 Concealed weapons

GENERAL PROVISIONS

' 133.01 MAINTAINING A NUISANCE.

(A) A person commits the offense of maintaining a nuisance if he or she erects, keeps up or continues, and maintains any nuisance to the injury of any part of the citizens of this village.

(B) The erecting, continuing, using, or maintaining of any building, structure, or other place for the exercise of any trade, employment, manufacture, or other business which, by occasioning noxious exhalations, noisome or offensive smells, becomes injurious and dangerous to the health, comfort, or property of individuals or the public; the obstructing or impeding, without legal authority, of the passage of any navigable river, harbor, or collection of water; or the corrupting or rendering unwholesome or impure of any watercourse, stream, or water; or unlawfully diverting any such watercourse from its natural course or state to the injury or prejudice of others; and the obstructing or encumbering by fences, building, structures or otherwise of any of the public highways or streets or alleys of the village, shall be deemed nuisances.

(C) A person guilty of erecting, continuing, using, maintaining, or causing any such nuisance shall be guilty of a violation of this section and in every such case the offense shall be construed and held to have been committed in any county whose inhabitants are or have been injured or aggrieved thereby.

(D) The court, in case of conviction of such offense, shall order every such nuisance to be abated or removed. (Neb. RS 28-1321) Penalty, see ' 10.99

' 133.02 APPLIANCES IN YARD.

It shall be unlawful for any person to permit a refrigerator, icebox, freezer, or any other dangerous appliance to be in the open and accessible to children whether on private or public property unless the person first removes all doors and makes the same reasonably safe. Penalty, see ' 10.99 Statutory reference: Authority to prohibit nuisances within zoning jurisdiction, see Neb. RS 18-1720

' 133.03 PUTTING CARCASS OR FILTHY SUBSTANCE INTO WELL, SPRING, BROOK,

OR

STREAM.

Whoever shall put any dead animal, carcass or part thereof, or other filthy substance into any well, or into any spring, brook, or branch of running water, of which use is made for domestic purposes, shall be guilty of an offense. (Neb. RS 28-1304) Penalty, see ' 10.99

' 133.04 PROHIBITED FENCES.

It shall be unlawful for any person to erect, or cause to be erected, and maintain any barbed wire or electric fence within the corporate limits, where the fence abuts a public sidewalk, street, or alley. Penalty, see ' 10.99 Statutory reference: Restrictions on barbed wire fences, see Neb. RS 39-307

' 133.05 LITTERING.

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

(1) The property is an area designated by law for the disposal of that type of material and the person is authorized by the proper public authority to so use the property; or

(2) The litter is placed in a receptacle or container installed on the property for that purpose.

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

LITTER. Includes all waste material susceptible of being dropped, deposited, discarded, or otherwise disposed of by any person upon any property in the state, but does not include wastes of primary processes of farming or manufacturing.

WASTE MATERIAL. 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 or watercraft in violation of this section, the operator of the motor vehicle or watercraft commits the offense of littering. (Neb. RS 28-523) Penalty, see ' 10.99

' 133.06 RAISING OR PRODUCING STAGNANT WATER.

Whoever shall build, erect, continue, or keep up any dam or other obstruction in any river or stream of water in the village and thereby raise an artificial pond, or produce stagnant waters, which shall be manifestly injurious to the public health and safety shall be guilty of an offense and the court shall, moreover, order every such nuisance to be abated or removed. (Neb. RS 28-1303) Penalty, see ' 10.99

SUBSTANCE OFFENSES

' 133.20 USE OF TOBACCO BY MINORS.

Whoever, being a minor under the age of 18 years, shall smoke cigarettes or cigars, use vapor products or alternative nicotine products, or use tobacco in any form whatever, in this village, shall be guilty of an offense. Any minor charged with a violation of this section may be free from prosecution if he or she furnishes evidence for the conviction of the person or persons selling or giving him or her the cigarettes, cigars, vapor products, alternative nicotine products, or tobacco. (Neb. RS 28-1418) Penalty, see ' 10.99

' 133.21 SALE OF TOBACCO TO MINORS.

Whoever shall sell, give, or furnish in any way any tobacco in any form whatever, or any cigarettes or cigarette paper, vapor products, or alternative nicotine products, to any minor under 18 years of age is guilty of an offense. (Neb. RS 28-1419) Penalty, see ' 10.99

' 133.22 MISREPRESENTATION BY MINOR TO OBTAIN TOBACCO.

Any person under the age of 18 years who shall obtain cigars, tobacco, cigarettes, or cigarette material, vapor products, or alternative nicotine products from a licensee hereunder by representing that he or she is of the age of 18 years or over, is guilty of an offense. (Neb. RS 28-1427) Penalty, see ' 10.99

' 133.23 MISREPRESENTATION BY MINOR TO OBTAIN ALCOHOL.

No minor, as defined by Neb. RS 53-103.23, shall obtain, or attempt to obtain, alcoholic liquor by misrepresentation of age, or by any other method, in any tavern or other place where alcoholic liquor is sold. (Neb. RS 53-180.01) Penalty, see ' 10.99 Statutory reference: Penalty for manufacturing false identification intended for minors, see Neb. RS 53-180.05

' 133.24 MINORS; PROHIBITED ACTS INVOLVING ALCOHOLIC LIQUOR.

(A) For purposes of this section, the definitions found in Neb. RS 53-103.01 through 53-103.42 shall apply, including, but not limited to, the definitions of the terms Aalcoholic liquor,@ Aconsume,@ Aminor,@ Asale,@ and Ato sell.@

(B) Except as otherwise provided in ' 111.20, no minor may sell, dispense, consume, or have in his or her possession or physical control any alcoholic liquor in any tavern or in any other place, including public streets, alleys, roads, or highways, upon property owned by the state or any subdivision thereof, or inside any vehicle while in or on any other place, including, but not limited to, the public streets, alleys, roads, or highways, or upon property owned by the state or any subdivision thereof, except that a minor may consume, possess, or have physical control of alcoholic liquor as a part of a bona fide religious rite, ritual, or ceremony or in his or her permanent place of residence.

(C) It shall be unlawful for any person under 21 years of age to transport, consume, or knowingly possess or have under his or her control beer or other alcoholic liquor in or transported by any motor vehicle. (Neb. RS 53-180.02) Penalty, see ' 10.99 Statutory reference: Minor Alcoholic Liquor Liability Act, see Neb. RS 53-401 through 53-409

' 133.25 DRINKING ON PUBLIC PROPERTY; OPEN BEVERAGE CONTAINER.

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

ALCOHOLIC BEVERAGE.

(a) Beer, ale, porter, stout, and other similar fermented beverages, including sake or similar products, of any name or description, containing 0.5% or more of alcohol by volume, brewed or produced from malt, wholly or in part, or from any substitute therefor;

(b) Wine of not less than 0.5% alcohol by volume; or

(c) Distilled spirits, which is that substance known as ethyl alcohol, ethanol, or spirits of wine in any form, including all dilutions and mixtures thereof from whatever source or by whatever process produced.

(d) ALCOHOLIC BEVERAGE does not include trace amounts not readily consumable as a beverage.

HIGHWAY. A road or street including the entire area within the right-of-way.

LIMOUSINE. A luxury vehicle used to provide prearranged passenger transportation on a dedicated basis at a premium fare that has a seating capacity of at least 5 and no more than 14 persons behind the driver with a physical partition separating the driver seat from the passenger compartment. LIMOUSINE does not include taxicabs, hotel or airport buses or shuttles, or buses.

OPEN ALCOHOLIC BEVERAGE CONTAINER. Except as provided in Neb. RS 53-123.04(3) and 53-123.11(1)(c), any bottle, can, or other receptacle:

(a) That contains any amount of alcoholic beverage; and

(b) (i) That is open or has a broken seal; or

(ii) The contents of which are partially removed.

PASSENGER AREA. The area designed to seat the driver and passengers while the motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while in their seating positions, including any compartments in the area. PASSENGER AREA does not include the area behind the last upright seat of the motor vehicle if the area is not normally occupied by the driver or a passenger and the motor vehicle is not equipped with a trunk.

(B) Except as otherwise provided in this section, it is unlawful for any person in the passenger area of a motor vehicle to possess an open alcoholic beverage container while the motor vehicle is located in a public parking area or on any highway in this village.

(C) Except as provided in ' 111.03 or division (D) of this section, it is unlawful for any person to consume an alcoholic beverage:

(1) In a public parking area or on any highway in this village; or

(2) Inside a motor vehicle while in a public parking area or on any highway in this village.

(D) This section does not apply to persons who are passengers of, but not drivers of, a limousine or bus being used in a charter or special party service as defined by rules and regulations adopted and promulgated by the state Public Service Commission and subject to Neb. Admin. Code, Chapter 75, Article 3. Such passengers may possess open alcoholic beverage containers and may consume alcoholic beverages while such limousine or bus is in a public parking area or on any highway in this village if:

(1) The driver of the limousine or bus is prohibited from consuming alcoholic liquor; and

(2) Alcoholic liquor is not present in any area that is readily accessible to the driver while in the driver=s seat, including any compartments in such area. (Neb. RS 60-6,211.08) Penalty, see ' 10.99

MOTOR VEHICLE AND HIGHWAY OFFENSES

' 133.40 ABANDONED AUTOMOBILES.

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

ABANDONED VEHICLE.

(a) A motor vehicle is an ABANDONED VEHICLE:

(i) If left unattended, with no license plates or valid In Transit stickers issued pursuant to the Motor Vehicle Registration Act affixed thereto, for more than 6 hours on any public property;

(ii) If left unattended for more than 24 hours on any public property, except a portion thereof on which parking is legally permitted;

(iii) If left unattended for more than 48 hours, after the parking of such vehicle has become illegal, if left on a portion of any public property on which parking is legally permitted;

(iv) If left unattended for more than 7 days on private property if left initially without permission of the owner, or after permission of the owner is terminated;

(v) If left for more than 30 days in the custody of a village law enforcement agency after the agency has sent a letter to the last-registered owner under division (D) of this section; or

(vi) If removed from private property by the village pursuant to a village ordinance or this code.

(b) An all-terrain vehicle or minibike is an ABANDONED VEHICLE:

(i) If left unattended for more than 24 hours on any public property, except a portion thereof on which parking is legally permitted;

(ii) If left unattended for more than 48 hours, after the parking of such vehicle has become illegal, if left on a portion of any public property on which parking is legally permitted;

(iii) If left unattended for more than 7 days on private property if left initially without permission of the owner, or after permission of the owner is terminated;

(iv) If left for more than 30 days in the custody of a village law enforcement agency after the agency has sent a letter to the last-registered owner under division (D) of this section; or

(vi) If removed from private property by the village pursuant to a village ordinance or this code.

(c) A MOBILE HOME is an abandoned vehicle if left in place on private property for more than 30 days after a local governmental unit, pursuant to an ordinance or resolution, has sent a certified letter to each of the last-registered owners and posted a notice on the mobile home, stating that the mobile home is subject to sale or auction or vesting of title as set forth in Neb. RS 60-1903.

(d) No motor vehicle subject to forfeiture under Neb. RS 28-431 shall be an ABANDONED VEHICLE under this division (A).

MOBILE HOME. A movable or portable dwelling constructed to be towed on its own chassis, connected to utilities, and designed with or without a permanent foundation for year-round living. It may consist of one or more units that can be telescoped when towed and expanded later for additional capacity, or of two or more units, separately towable but designed to be joined into one integral unit, and shall include a manufactured home as defined in Neb. RS 71-4603. MOBILE HOME does not include a mobile home or manufactured home for which an affidavit of affixture has been recorded pursuant to Neb. RS 60-169.

PRIVATE PROPERTY. Any privately owned property which is not included within the definition of public property.

PUBLIC PROPERTY. Any public right-of-way, street, highway, alley, or park or other state, county, or village-owned property. (Neb. RS 60-1901)

(B) If an abandoned vehicle, at the time of abandonment, has no license plates of the current year or valid In Transit stickers issued pursuant to Neb. RS 60-376 affixed and is of a wholesale value, taking into consideration the condition of the vehicle, of $250 or less, title shall immediately vest in the village. Any certificate of title issued under this division to the village shall be issued at no cost to the village. (Neb. RS 60-1902)

(C) (1) Except for vehicles governed by division (B) of this section, the village shall make an inquiry concerning the last-registered owner of such vehicle as follows:

(a) Abandoned vehicle with license plates affixed, to the jurisdiction which issued such license plates; or

(b) Abandoned vehicle with no license plates affixed, to the Department of Motor Vehicles.

(2) The village shall notify the last-registered owner, if any, that the vehicle in question has been determined to be an abandoned vehicle and that, if unclaimed, either:

(a) It will be sold or will be offered at public auction after five days from the date such notice was mailed; or

(b) Title will vest in the village 30 days after the date such notice was mailed.

(3) If the agency described in division (C)(1)(a) or (b) of this section also notifies the village that a lien or mortgage exists, such notice shall also be sent to the lienholder or mortgagee. Any person claiming such vehicle shall be required to pay the cost of removal and storage of such vehicle.

(4) Title to an abandoned vehicle, if unclaimed, shall vest in the village:

(a) Five days after the date the notice is mailed if the vehicle will be sold or offered at public auction under division (C)(2)(a) of this section;

(b) Thirty days after the date the notice is mailed if the village will retain the vehicle; or

(c) If the last-registered owner cannot be ascertained, when notice of such fact is received.

(5) After title to the abandoned vehicle vests pursuant to division (C)(4) of this section, the village may retain for use, sell, or auction the abandoned vehicle. If the village has determined that the vehicle should be retained for use, the village shall, at the same time that the notice, if any, is mailed, publish in a newspaper of general circulation in the jurisdiction an announcement that the village intends to retain the abandoned vehicle for its use and that title will vest in the village 30 days after the publication. (Neb. RS 60-1903)

(D) (1) If a village law enforcement agency has custody of a motor vehicle for investigatory purposes and has no further need to keep it in custody, it shall send a certified letter to each of the last-registered owners stating that the vehicle is in the custody of the law enforcement agency, that the vehicle is no longer needed for law enforcement purposes, and that after 30 days the agency will dispose of the vehicle.

(2) This division shall not apply to motor vehicles subject to forfeiture under Neb. RS 28-431.

(3) No storage fees shall be assessed against the registered owner of a motor vehicle held in custody for investigatory purposes under this division (D) unless the registered owner or the person in possession of the vehicle when it is taken into custody is charged with a felony or misdemeanor related to the offense for which the law enforcement agency took the vehicle into custody. If a registered owner or the person in possession of the vehicle when it is taken into custody is charged with a felony or misdemeanor but is not convicted, the registered owner shall be entitled to a refund of the storage fees. (Neb. RS 60-1903.01)

(E) If a state agency caused an abandoned vehicle described in division (A)(a)(5) or (A)(b)(4) of this section to be removed from public property in this village, the state agency shall be entitled to custody of the vehicle. If a state agency caused an abandoned vehicle described in division (A)(a)(1), (2), (3), or (4) or (A)(b)(1), (2), or (3) of this section to be removed from public property in this village, the state agency shall deliver the vehicle to the village which shall have custody. (Neb. RS 60-1904)

(F) Any proceeds from the sale of an abandoned vehicle in the village's custody less any expenses incurred by the village shall be held by the village without interest, for the benefit of the owner or lienholders of such vehicle for a period of 2 years. If not claimed within such 2-year period, the proceeds shall be paid into the general fund of the village. (Neb. RS 60-1905)

(G) Neither the owner, lessee, nor occupant of the premises from which any abandoned vehicle is removed, nor the village, shall be liable for any loss or damage to such vehicle which occurs during its removal or while in the possession of the village or its contractual agent or as a result of any subsequent disposition. (Neb. RS 60-1906)

(H) No person shall cause any vehicle to be an abandoned vehicle as described in division (A)(a)(1), (2), (3), or (4) or (A)(b)(1), (2), or (3) of this section. (Neb. RS 60-1907)

(I) No person other than one authorized by the village or appropriate state agency shall destroy, deface, or remove any part of a vehicle which is left unattended on a highway or other public place without license plates affixed or which is abandoned. Anyone violating this division shall be guilty of an offense. (Neb. RS 60-1908)

(J) The last-registered owner of an abandoned vehicle shall be liable to the village for the costs of removal and storage of such vehicle. (Neb. RS 60-1909)

(K) Any person violating the provisions of this section shall be guilty of an offense. (Neb. RS 60-1911) Penalty, see ' 10.99 Statutory reference: Motor Vehicle Registration Act, see Neb. RS 60-301

' 133.41 UNLICENSED OR INOPERABLE VEHICLES.

(A) No person in charge or control of any property within the village, other than village property, whether as owner, tenant, occupant, lessee, or otherwise, shall allow any partially dismantled, inoperable, wrecked, junked, or discarded vehicle to remain on that property longer than 30 days.

(B) No unlicensed vehicle shall be permitted to remain on any private or public property for any length of time, provided that this section shall not apply to the following:

(1) A vehicle bearing a valid AIn Transit@ sticker;

(2) A vehicle in an enclosed building;

(3) A vehicle on the premises of a business enterprise operated in a lawful place and manner when the vehicle is necessary to the lawful operation of the business; or

(4) A vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the village.

(C) Any vehicle allowed to remain on property in violation of this section shall constitute a nuisance and shall be abated, and any person violating this section shall be guilty of an offense. Penalty, see ' 10.99 Statutory reference: AIn Transit@ stickers, see Neb. RS 60-376

WEAPONS OFFENSES

' 133.60 DISCHARGE OF FIREARMS.

It shall be unlawful for any person, except an officer of the law in the discharge of official duty, to fire or discharge any gun, pistol, or other fowling piece within the village, except that nothing in this section shall be construed to apply to officially sanctioned public celebrations if the persons so discharging firearms have written permission from the Board of Trustees. Penalty, see ' 10.99 Statutory reference: Authority to regulate, see Neb. RS 17-556

' 133.61 SLINGSHOTS, AIR GUNS, BB GUNS.

It shall be unlawful for any person to discharge a slingshot, air gun, BB gun, or the like loaded with rock or other dangerous missiles at any time or under any circumstances within the village. Penalty, see ' 10.99

' 133.62 CONCEALED WEAPONS.

It shall be unlawful for any person or persons to carry about their person any concealed pistol, revolver, knife, billy club, slingshot, metal knuckles or other dangerous weapon of any kind. Nothing herein shall be construed to apply to the municipal police. (1971 Code, ' 6-406) Penalty, see ' 10.99 Statutory reference: Similar provisions, see Neb. RS 28-1001

CHAPTER 134: OFFENSES AGAINST PUBLIC MORALS

Section

Generally

134.01 Prostitution

134.02 Public indecency

134.03 Gambling

Sex Offenders

134.15 Findings and intent

134.16 Definitions

134.17 Prohibited location of residence

134.18 Measure of distance

134.19 Violation

134.20 Exceptions

GENERALLY

' 134.01 PROSTITUTION.

(A) Except as provided in division (C) of this section, any person who performs, offers, or agrees to perform any act of sexual contact or sexual penetration, as those terms are defined in Neb. RS 28-318, with any person not his or her spouse, in exchange for money or other thing of value, commits the offense of prostitution.

(B) It is an affirmative defense to prosecution under this section that such person was a trafficking victim as defined in Neb. RS 28-830.

(C) If the law enforcement officer determines, after a reasonable detention for investigative purposes, that a person suspected of or charged with a violation of division (A) of this section is:

(1) A person engaging in those acts as a direct result of being a trafficking victim as defined in Neb. RS 28-830, such person shall be immune from prosecution for a prostitution offense; or

(2) A person under 18 years of age, such person shall be immune from prosecution for a prostitution offense under this section and shall be subject to temporary custody under Neb. RS 43-248 and further disposition under the Nebraska Juvenile Code. A law enforcement officer who takes a person under 18 years of age into custody under this section shall immediately report an allegation of a violation of Neb. RS 28-831 to the Department of Health and Human Services which shall commence an investigation within 24 hours under the Child Protection and Family Safety Act. (Neb. RS 28-801) Penalty, see ' 10.99

' 134.02 PUBLIC INDECENCY.

A person, 18 years of age or over, commits the offense of public indecency if such person performs or procures, or assists any other person to perform, in a public place and where the conduct may reasonably be expected to be viewed by members of the public:

(A) An act of sexual penetration as defined in Neb. RS 28-318;

(B) An exposure of the genitals of the body done with intent to affront or alarm any person; or

(C) A lewd fondling or caressing of the body of another person of the same or opposite sex. (Neb. RS 28-806) Penalty, see ' 10.99

' 134.03 GAMBLING.

(A) For the purpose of this section, the definitions found in Neb. RS 28-1101 shall be used.

(B) A person commits the offense of promoting gambling if he or she knowingly:

(1) Advances or profits from any unlawful gambling activity by:

(a) Engaging in bookmaking;

(b) Receiving, in connection with any unlawful gambling scheme or enterprise, any amount of money played in the scheme or enterprise in any one day; or

(c) Betting something of value in an amount of $500 or more with one or more persons in one day; or (Neb. RS 28-1102 and 28-1103)

(2) Participates in unlawful gambling as a player by betting less than $500 in any one day. (Neb. RS 28-1104)

(C) (1) A person commits the offense of possession of a gambling device if he or she manufactures, sells, transports, places, possesses, or conducts or negotiates any transaction affecting or designed to affect ownership, custody, or use of any gambling device, knowing that it shall be used in the advancement of unlawful gambling activity.

(2) This division shall not apply to any coin-operated mechanical gaming device, computer gaming device, electronic gaming device, or video gaming device which has the capability of awarding free games, which is intended to be played and is in fact played for amusement only, and which may allow the player the right to replay such gaming device at no additional cost, which right to replay shall not be considered money or property, except that such mechanical game:

(a) Can be discharged of accumulated free replays only by reactivating the game for one additional play for each accumulated free replay; and

(b) Makes no permanent record directly or indirectly of free replays so awarded.

(3) Notwithstanding any other provisions of this division, any mechanical game or device classified by the federal government as an illegal gambling device and requiring a federal Gambling Device Tax Stamp as required by the Internal Revenue Service in its administration of 26 U.S.C. 4461 and 4462, amended July 1, 1965, by Public Law 89-44, are hereby declared to be illegal and excluded from the exemption granted in this division. (Neb. RS 28-1107)

(D) In any prosecution under this section, it shall be an affirmative defense that the writing, paper, instrument, or article possessed by the defendant was neither used nor intended to be used in the advancement of an unlawful gambling activity. (Neb. RS 28-1108)

(E) Proof of possession of any gambling device shall be prima facie evidence of possession thereof with knowledge of its contents and character. (Neb. RS 28-1109)

(F) It shall be no defense to a prosecution under any provision of this section relating to gambling that the gambling is conducted outside this village and is not in violation of the laws of the jurisdiction in which it is conducted. (Neb. RS 28-1110)

(G) In addition to any other penalty, a sentencing court may order that any money, securities, negotiable instruments, firearms, conveyances, or electronic communication devices as defined in Neb. RS 28-833 or any equipment, components, peripherals, software, hardware, or accessories related to electronic communication devices, or any gambling devices be forfeited as a part of the sentence imposed if it finds by clear and convincing evidence adduced at a separate hearing in the same prosecution, conducted pursuant to Neb. RS 28-1601, that any or all such property was derived from, used, or intended to be used to facilitate a violation of this section. (Neb. RS 28-1111)

(H) In any prosecution for an offense defined in this section, when the defendant's status as a player constitutes an excusing condition, the fact that the defendant was a player shall constitute an affirmative defense. (Neb. RS 28-1112)

(I) Nothing in this section shall be construed to:

(1) Apply to or prohibit wagering on the results of horse races by the parimutuel or certificate method when conducted by licensees within the racetrack enclosure at licensed horse race meetings; or

(2) Prohibit or punish the conducting or participating in any bingo, lottery by the sale of pickle cards, lottery, raffle, or gift enterprise when conducted in accordance with the Nebraska Bingo Act, the Nebraska County and City Lottery Act, the Nebraska Lottery and Raffle Act, the Nebraska Pickle Card Lottery Act, the Nebraska Small Lottery and Raffle Act, the State Lottery Act, or Neb. RS 9-701. (Neb. RS 28-1113)

(J) In any prosecution under this section in which it is necessary to prove the occurrence of a sporting event, a published report of its occurrence in any daily newspaper, magazine, or other periodically printed publication of general circulation shall be admissible in evidence and shall constitute prima facie evidence of the occurrence of the event. (Neb. RS 28-1117) Penalty, see ' 10.99

SEX OFFENDERS

' 134.15 FINDINGS AND INTENT.

(A) The state legislature has found that certain sex offenders present a high risk to commit repeat offenses and has enabled municipalities to restrict such persons= place of residency as provided in the Sexual Predator Residency Restriction Act, Neb. RS 29-4015 through 29-4017.

(B) Sex offenders who prey on children and who are high risks to repeat such acts present an extreme threat to public safety. The cost of sex offender victimization to these children and to society at large, while incalculable, is exorbitant.

(C) It is the intent of this chapter to serve the village=s compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the village by creating certain areas around locations where children regularly congregate in concentrated numbers where certain sexual predators cannot reside. (Ord. 773, passed 10-12-2010)

' 134.16 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CHILD CARE FACILITY. A facility licensed pursuant to the Child Care Licensing Act.

RESIDE. To sleep, live or dwell at a place, which may include more than one location, and may be mobile or transitory.

RESIDENCE. A place where an individual sleeps, lives or dwells, which may include more than one location, and may be mobile or transitory.

SCHOOL. A public, private, denominational or parochial school which meets the requirements for state accreditation or approval.

SEX OFFENDER. An individual who has been convicted of a crime listed in Neb. RS 29-4003 and who is required to register as a sex offender pursuant to the Sex Offender Registration Act.

SEXUAL PREDATOR. An individual who is required to register under the Sex Offender Registration Act, who has committed an aggravated offense as defined in Neb. RS 29-4001.01, and who has victimized a person 18 years of age or younger. (Ord. 773, passed 10-12-2010)

' 134.17 PROHIBITED LOCATION OF RESIDENCE.

It is unlawful for any sexual predator to reside within 500 feet from a school or child care facility. (Ord. 773, passed 10-12-2010) Penalty, see ' 10.99

' 134.18 MEASURE OF DISTANCE.

For purposes of determining the minimum distance separation, the distance shall be measured by following a straight line from the outer property line of the residence to the nearest outer boundary line of the school or child care facility. (Ord. 773, passed 10-12-2010)

' 134.19 VIOLATION.

A person who violates this section shall be punished as provided generally in the code. (Ord. 773, passed 10-12-2010) Penalty, see ' 10.99

' 134.20 EXCEPTIONS.

This chapter shall not apply to a sexual predator who:

(A) Resides within a prison or correctional or treatment facility operated by the state or a political subdivision;

(B) Established a residence before October 12, 2010, and has not moved from that residence; or

(C) Established a residence after October 12, 2010, and the school or child care facility triggering the restriction was established after the initial date of the sexual predator=s residence at that location. (Ord. 773, passed 10-12-2010) Statutory reference: The Sexual Predator Residency Restriction Act, Laws 2006, LB 1199, '' 27 to 29; Laws 2009, LB 285 '12, see Neb. RS 29-4003 and 29-4013