CODE OF ORDINANCES

CITY OF

YORK, NEBRASKA

____________

GENERAL ORDINANCES OF THE CITY

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Adopted, June 13, 1972
Effective, September 1, 1972

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Published By Order of the City Council, 1972

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>

OFFICIALS

of the

CITY OF YORK

AT THE TIME OF THIS CODIFICATION

LeRoy L. Vineyard

Mayor

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Rae Beins

George Ells

A. Hubert Foster

Donald Grosshans

C. G. Holthus

Patricia J. Blum

Philip E. Towle

James A. Steube

Council Members

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Wallace W. Angle

City Attorney

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C. Jean Thiele

City Clerk

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Jack R. Kidder

City Administrator

PREFACE

This volume contains the Code of Ordinances of the City of York, Nebraska. The Code is a revision and codification of all ordinances of a general and permanent nature that were deemed advisable to be included.

This Code is an entirely new codification and, as expressed in the Adopting Ordinance, supersedes all general and permanent ordinances not included herein or expressly saved from repeal by the Adopting Ordinance. Only ordinances of a general and permanent nature prescribed for and affecting the public as a whole are included herein. Special ordinances dealing with only a portion of the inhabitants of the City, rather than all of them, relating to special purposes, such as ordinances levying special assessments, providing for bond issues, paving, vacating and opening specified streets, etc., are not included. For a more specific enumeration of the types of ordinances which are not included, see Section 3 of the Adopting Ordinance.

ORGANIZATION OF CODE PROVISIONS

As will be noted, the chapters have been conveniently arranged in alphabetical order and the various sections within each chapter have been appropriately catchlined to facilitate usage. Attention is also directed to the appropriate footnotes which tie related sections of the Code together and which also refer to relevant provisions of general state law.

The numbering system used in this Code is the same system used in many state and municipal codes. Each section number consists of two component parts separated by a dash, the figure before the dash referring to the chapter number and the figure after the dash referring to the position of the section within the chapter. Thus, the first section of Chapter 1 is numbered 1-1 and the eighth section of Chapter 9 is 9-8. Under this system, each section is identified with its chapter. New sections can be inserted in their proper places, simply by using the decimal system for amendments. Thus, if new material, consisting of three sections that would logically come between Sections 4-4 and 4-5 is to be added, the new sections would be numbered 4-4.1, 4-4.2 and 4-4.3. Sections have been reserved at the end of the articles and divisions to provide for future expansion.

New chapters may be included by the addition of a fractional number after the chapter number. As an example, if the new material is to be included between Chapters 12 and 13, it will be designated as Chapter 12½. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters.

New article and new divisions may be included in the same way, or, in the case of articles, may be placed at the end of the chapter embracing the subject and in the case of divisions, may be placed at the end of the article embracing the subject, the next successive number being assigned to the article or division.

The source of each section is included in the history note in parentheses at the end thereof.

LOOSELEAF SUPPLEMENT SERVICE

A special feature of this Code to which the attention of the user is directed is the innovation of the looseleaf form of binding and supplemental servicing for the Code. With this new looseleaf system, the Code will be kept up-to-date periodically. Upon the final passage of amendatory ordinances, they will be properly edited and the page or pages affected will be reprinted. These new pages will be distributed to the holders of the Codes with instructions for inserting the new pages and deleting the obsolete pages. Each such subsequent amendment, when incorporated into this Code, will be cited as a part thereof as provided in Section 4 of the Adopting Ordinance.

The successful maintenance of this Code up-to-date at all times will depend largely upon the holder of the volume. As revised sheets are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publishers that all such amendments be inserted immediately upon receipt to avoid misplacing them, and, in addition, that all deleted pages be saved and filed for purposes of historical reference.

INDEX

The index to the Code has been prepared with the greatest of care. Each particular item has been placed under several headings, some of the headings being couched in lay phraseology, others in legal terminology and still others in language generally used by city officials and employees. There are numerous cross references within the index itself which stand as guideposts to direct the user to the particular item in which he is interested.

ACKNOWLEDGMENTS

The publishers are most grateful to all city officers and employees for their cooperation and interest during the preparation of this Code. Special appreciation is due Mr. Wallace W. Angle, City Attorney.

The publication of this Code was under direct supervision of George R. Langford, President, and Ronald K. McLaughlin, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

This Code is presented for the use and benefit of the citizens of the City of York, Nebraska.

MUNICIPAL CODE CORPORATION
Tallahassee, Florida

June, 1972

ORDINANCE NO. 1228

An Ordinance of the City of York, Nebraska, Revising all Ordinances of a General and Permanent Nature; to Adopt and Enact a Comprehensive Code of Ordinances of the City of York, Nebraska; to Repeal Certain Ordinances; to Exempt Certain Ordinances from Repeal; to Provide for Penalties; to Repeal Conflicting Ordinances; and to Provide for an Effective Date of this Ordinance.

Be It Ordained by the Mayor and City Council of the City of York, Nebraska:

Section 1. The Code of Ordinances, consisting of Chapters 1 through 38, each inclusive, and constituting a codification of the City's Ordinances in conformity with Section 16-404, Revised General Statutes, Nebraska, 1943, is hereby adopted and enacted as the "Code of Ordinances, City of York, Nebraska," and the same shall be treated and considered as a new and comprehensive ordinance which shall supersede all other general and permanent ordinances passed by the City Council on or before February 10, 1972, to the extent provided in Section 2 hereof.

Section 2. All provisions of such Code shall be in full force and effect from and after the 1st day of September, 1972, and all Ordinances of a general and permanent nature enacted by the City Council on or before the 10th day of February, 1972, and not included in such Code or recognized and continued in force by reference therein, are hereby repealed from and after the 1st day of September, 1972, except as otherwise provided in Section 3 hereof. No Resolution of the City Council not specifically mentioned is hereby repealed.

Section 3. The repeal provided for in Section 2 hereof shall not affect any of the following:

(1)

Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of such Code;

(2)

Any Ordinance promising or guaranteeing the payment of money by or for the City, or authorizing the issuance of any bonds, notes or other evidence of the City's indebtedness, or the cancellation of same;

(3)

Any contract or obligation assumed by the City;

(4)

Any Ordinance relating to the purchase, condemnation, acquisition or dedication of property for public use;

(5)

Any Ordinance dedicating, establishing, opening, reopening, naming, renaming, widening, narrowing or vacating any street, boulevard, avenue, alley or other public way, including rights-of-way;

(6)

Any Ordinance designating, declaring or establishing any trafficway or connections with or between the same;

(7)

Any Ordinance establishing or changing the grade of any street, avenue, boulevard, trafficway or other public way;

(8)

Any Ordinance authorizing, directing or otherwise relating to any public improvements;

(9)

Any Ordinance creating sewer districts or districts for public improvements of any kind or nature;

(10)

Any Ordinance establishing or changing the limits of the City or pertaining to consolidations, annexations or exclusions;

(11)

Any appropriation Ordinance or Ordinance relating to the transfer of funds;

(12)

Any Ordinance levying general or special taxes or special assessments;

(13)

Any Ordinance granting pensions to retired officers and employees;

(14)

Any Ordinance granting any right, privilege, easement or franchise to any person, firm or corporation;

(15)

Any Ordinance regulating subdivisions within the City;

(16)

Any Ordinance establishing or changing the zoning classification of any property within the City or amending the City's zoning map;

(17)

Ordinances prescribing traffic regulations for specific streets or areas, such as Ordinances designating one-way streets, arterial highways, through streets, stop intersections or intersections where traffic is to be controlled by signals, and ordinances prohibiting, restricting, limiting or otherwise regulating the stopping, standing or parking of vehicles on specific streets or in specific areas;

(18)

Any Ordinance establishing rates and charges for, or fees for connection to any utility service;

(19)

Any Ordinance approving, adopting or amending civil service rules and regulations;

(20)

Any Ordinance which, by its own terms, expires after a specified time, or on a prescribed date;

(21)

Any Ordinance enacted after February 10, 1972.

The repeal provided for by Section 2 hereof shall not be construed to review any Ordinance or part thereof that has been repealed by a subsequent Ordinance repealed by this Ordinance.

Section 4. That whenever in such Code an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in such Code the doing of any act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provision of such Code shall be punished by a fine not exceeding One Hundred Dollars ($100.00) and shall stand committed to the City jail until such fine and costs of prosecution are paid, or may be confined in the City jail for a period not to exceed fifteen (15) days or both such fine and imprisonment. Each day that a violation of such Code continues shall constitute a separate and distinct offense and shall be punishable as provided in Section 1-8 of such Code.

Section 5. That any and all additions and amendments to such Code, when passed in such form as to indicate the intention of the City Council to make the same a part thereof, shall be deemed to be incorporated in such Code so that reference to the "Code of Ordinances of the City of York, Nebraska," shall be understood and intended to include such additions and amendments.

Section 6. In case of the Amendment of any section of such Code for which a penalty is not provided, the general penalty as provided in Section 4 of this Ordinance and Section 1-8 of such Code shall apply to the section as amended; or, in case such amendment contains provisions for which a penalty, other than the aforementioned general penalty, is provided in another section in the same chapter, the penalty so provided in such other section shall be held to relate to the section so amended, unless such penalty is specifically repealed therein.

Section 7. Three (3) copies of such Code shall be kept on file in the office of the City Clerk with the Ordinance Books of the City. It shall be the duty of the City Clerk, or someone authorized by him, to maintain such copy by inserting in their designated places all amendments and ordinances which indicate the intention of the City Council to make the same a part of such Code when the same have been printed or reprinted in page form, and by extracting from such copy all provisions which are repealed by the City Council. This copy of such Code shall be available to all persons desiring to examine the same.

Section 8. That it shall be unlawful for any person to change or amend by additions or deletions, any part or portion of such Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of York to be misrepresented thereby. Any person violating this section shall be punished as provided in Section 4 of this Ordinance.

Section 9. This ordinance and Code of Ordinances shall be printed in book form under the direction of the Mayor and Council, and shall be distributed as they may see fit.

Section 10. All Ordinances or parts of Ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.

Section 11. The Ordinance shall be in effect on and after the 1st day of September, 1972.

PASSED AND APPROVED this 13th day of June, 1972.

/s/ A. Hubert Foster
Acting Mayor and President of Council

ATTEST:

/s/ C. Jean Thiele
City Clerk

CERTIFICATION

STATE OF NEBRASKA       :
	ss.
COUNTY OF YORK       :

 

I, C. Jean Thiele, the duly appointed, qualified and acting City Clerk of the City of York, Nebraska, do hereby certify that the attached copy is a true, complete and correct copy of Ordinance Number 1228 of the City of York, Nebraska, passed and approved by the Acting Mayor and City Council of said City of York on the 13th day of June, 1972.

I further certify that said Ordinance Number 1228 appears of record in the Journal of City Council Proceedings, a part of the official records of said City of York and that the original Ordinance Number 1228 is on file in my office.

I further certify that Ordinance Number 1228 was duly published as provided by law as evidences by the Affidavit of Publication hereto attached and made a part hereof.

WITNESS MY HAND and the official seal of the City of York, Nebraska, this 13th day of June, 1972.

/s/ C. Jean Thiele
City Clerk of the City of
York, Nebraska

(SEAL)