reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1225 - Storing explosives in violation of safety regulations; penalty.

28-1225.
Storing explosives in violation of safety regulations; penalty.
(1) Any person who stores any explosive materials or uses in legitimate blasting operations any explosive materials in a manner not in conformity with safety regulations adopted and promulgated by the Nebraska State Patrol or the Secretary of the Treasury of the United States or who stores any explosive materials at a place not designated in a permit to store such explosive materials issued to such person by the Nebraska State Patrol commits the offense of storing explosives in violation of safety regulations.
(2) Storing explosives in violation of safety regulations is a Class III misdemeanor.
Source
Laws 1977, LB 38, § 257;
Laws 1989, LB 215, § 6.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1226 - Failure to report theft of explosives; penalty.

28-1226.
Failure to report theft of explosives; penalty.
(1) Any person who has knowledge of the theft or loss of explosive materials from his or her stock who fails to report such theft or loss within twenty-four hours of discovery to the Nebraska State Patrol commits the offense of failure to report theft of explosives.
(2) Failure to report theft of explosives is a Class III misdemeanor.
Source
Laws 1977, LB 38, § 258;
Laws 1989, LB 215, § 7.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1227 - Other violations; penalty.

28-1227.
Other violations; penalty.
With the exception of sections 28-1213 to 28-1226, any person who violates any other provision of sections 28-1213 to 28-1239 or rules promulgated pursuant to such sections commits a Class III misdemeanor.
Source
Laws 1977, LB 38, § 259.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1228 - Presence of explosive material or destructive device in vehicle; prima facie evidence; exception.

28-1228.
Presence of explosive material or destructive device in vehicle; prima facie evidence; exception.
The presence in a vehicle other than a public conveyance of any explosive material or destructive device shall be prima facie evidence that it is in the possession of all persons occupying such vehicle at the time such explosive material or destructive device is found, except that: (1) If such explosive material or destructive device is found upon the person of one of the occupants therein; or (2) if such explosive material or destructive device is found in a vehicle operated for hire by a driver in the due, lawful, and proper pursuit of his trade, then such presumption shall not apply to the driver. The presumption shall not apply to the occupants of a vehicle being operated in compliance with the requirements of section 28-1225, if explosive material but no destructive device is found therein.
Source
Laws 1977, LB 38, § 260.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1230 - Explosives control; permit; denial; notice; appeal.

28-1230.
Explosives control; permit; denial; notice; appeal.
Whenever the Nebraska State Patrol denies an application for a permit or the renewal thereof, the Nebraska State Patrol shall, within twenty days of such denial, give notice thereof and the reasons therefor in writing to the applicant, personally or by mail, to the address given in the application. The notice of denial shall also advise the applicant of his or her right to appeal and set forth the steps necessary to undertake an appeal and the time limits pertaining thereto. Such denial may be appealed to the Nebraska State Patrol which shall follow the procedures for contested cases required by the Administrative Procedure Act.
Source
Laws 1977, LB 38, § 262;
Laws 1989, LB 215, § 9.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1231 - Explosives control; permit; revocation; grounds.

28-1231.
Explosives control; permit; revocation; grounds.
(1) The Nebraska State Patrol may revoke any permit on any ground authorized in subsection (2) of section 28-1229 for the denial of a permit or for any violation of the terms of such permit, for a violation of any provision of this article or of the rules and regulations of the Nebraska State Patrol, or for noncompliance with any order issued by the Nebraska State Patrol within the time specified in such order.
(2) Revocation of a permit for any ground authorized may be ordered only after giving written notice and an opportunity to be heard to the holder thereof. Revocation proceedings shall be in accordance with the procedure required for contested cases set forth in the Administrative Procedure Act. Such notice may be given to the holder personally or by mail and shall specify the ground or grounds on which it is proposed to revoke the permit. When a permit is revoked, the Nebraska State Patrol may direct the disposition of the explosives held by such permittee. Upon revocation of a permit by the Nebraska State Patrol, the holder thereof shall surrender his or her permit to the Nebraska State Patrol at once or be subject to penalties as provided for elsewhere in sections 28-1213 to 28-1239.
Source
Laws 1977, LB 38, § 263;
Laws 1989, LB 215, § 10.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1232 - Explosive materials; permit; application; form; fees.

28-1232.
Explosive materials; permit; application; form; fees.
An application for a storage, use, or business enterprise purchase permit for explosive materials shall be in such form and contain such information as the Nebraska State Patrol shall by rule and regulation prescribe. Each applicant for a permit shall pay a fee of fifty dollars in the case of a storage permit, ten dollars in the case of a use permit, and ten dollars in the case of a business enterprise purchase permit.
Source
Laws 1977, LB 38, § 264;
Laws 1982, LB 928, § 21;
Laws 1989, LB 215, § 11.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1233 - Explosive materials; permitholder; records; notice; requirements; penalty.

28-1233.
Explosive materials; permitholder; records; notice; requirements; penalty.
(1) Every holder of any permit required under sections 28-1213 to 28-1239 shall maintain an accurate inventory of all explosives in his or her possession and maintain records of transfers to other persons of explosive materials. Such records shall include a statement of intended use by the transferee and the name, date of birth, place of birth, social security number or taxpayer identification number, and place of residence of any natural person to whom the explosives are transferred. If the explosive materials are transferred to a corporation or other business entity, such records shall include the identity and principal and local places of business and the name, date of birth, place of birth, and place of residence of the natural person acting as the agent of the corporation or other business entity in arranging the transfer. In the case of a federal licensee or permittee who is also a permitholder under the terms of sections 28-1213 to 28-1239, the maintenance of one set of records for the fulfilling of the record-keeping requirements of 18 U.S.C. chapter 40 shall be deemed compliance with the record-keeping requirements of sections 28-1213 to 28-1239.
(2) Every holder of any storage or business enterprise permit required under sections 28-1213 to 28-1239 shall maintain a log describing the time, place, amount, and type of explosive used in any blasting operations performed by him or her or at his or her direction.
(3) Every holder of any storage, purchase, or use permit required under sections 28-1213 to 28-1239 shall notify the fire protection district in which any explosive over one pound in weight is to be used or stored twenty-four hours prior to such use or storage, and the holder shall keep a written record in the log describing the time the notice was given, office in the district to which the notice was given, and name of the person in the district notified. The fire protection district may waive the twenty-four-hour notice when the public safety requires such waiver to prevent loss of life or property if such notice is given prior to use or storage. The fire protection district may accept a single notification of ongoing use within a set timeframe not to exceed sixty days. Any holder of a storage, purchase, or use permit who fails to notify the fire protection district pursuant to this subsection is guilty of a Class II misdemeanor.
Source
Laws 1977, LB 38, § 265;
Laws 1993, LB 163, § 3;
Laws 1999, LB 284, § 1.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1234 - Permitholders; inspection of records and permits.

28-1234.
Permitholders; inspection of records and permits.
(1) Permitholders shall make available for inspection at all reasonable times their records kept pursuant to sections 28-1213 to 28-1239 and the rules and regulations adopted and promulgated pursuant to such sections. The Nebraska State Patrol may enter during business hours the premises, including places of storage, of any permitholder for the purpose of inspecting and examining (a) any records or documents required to be kept by such permitholder under sections 28-1213 to 28-1239 or the rules and regulations adopted and promulgated pursuant to such sections and (b) any explosive materials kept or stored by such permitholder at such premises.
(2) Holders of use permits and business enterprise purchase permits shall retain such permits and make them available to the Nebraska State Patrol on request. Storage permits shall be posted and kept available for inspection at all places of storage of explosive materials.
Source
Laws 1977, LB 38, § 266;
Laws 1989, LB 215, § 12.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1235 - Transportation of explosive materials; permit required.

28-1235.
Transportation of explosive materials; permit required.
No person shall transport any explosive materials into this state or within the boundaries of this state unless such person holds a permit as required by sections 28-1213 to 28-1239 or a permit or license issued pursuant to 18 U.S.C. chapter 40. Common carriers by air, highway, railway, or water transporting explosive materials into this state or within the boundaries of this state and contract or private carriers by motor vehicle transporting explosive materials into this state or within the boundaries of this state in the lawful, ordinary course of business and engaged in such business pursuant to certificate or permit by whatever name issued to them by any federal or state officer, agency, bureau, commission, or department shall be excepted from this section except as the Nebraska State Patrol by rule and regulation may otherwise provide. All transportation of explosive materials subject to this section shall be in conformity with such safety rules and regulations as the Nebraska State Patrol may adopt and promulgate.
Source
Laws 1977, LB 38, § 267;
Laws 1989, LB 215, § 13.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1235.01 - Resident; bring explosive material into state; when allowed.

28-1235.01.
Resident; bring explosive material into state; when allowed.
Any resident of the State of Nebraska who holds a valid explosive permit issued by the Nebraska State Patrol and who uses explosive material in the conduct of a business or occupation may lawfully purchase explosive materials from a licensed seller located or residing in a state contiguous to the State of Nebraska and bring such explosive material into Nebraska.
Source
Laws 1979, LB 477, § 1;
Laws 1989, LB 215, § 14.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1236 - Nebraska State Patrol; rules and regulations.

28-1236.
Nebraska State Patrol; rules and regulations.
The Nebraska State Patrol may adopt and promulgate rules and regulations supplemental to sections 28-1213 to 28-1239 necessary or desirable to assure the public safety as well as to provide reasonable and adequate protection of the lives, health, and safety of persons employed in the manufacture, storage, transportation, handling, and use of explosives. The Nebraska State Patrol may adopt and promulgate such rules and regulations necessary and proper for the administration of sections 28-1213 to 28-1239 and, together with all other peace officers of the state and its political subdivisions, shall be charged with the enforcement of such sections.
Source
Laws 1977, LB 38, § 268;
Laws 1988, LB 893, § 2;
Laws 1989, LB 215, § 15.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1237 - Special law or local ordinance; minimum required standard.

28-1237.
Special law or local ordinance; minimum required standard.
The provisions of sections 28-1213 to 28-1239 and the rules adopted pursuant thereto shall be the minimum standard required and shall supersede any special law or local ordinance inconsistent therewith, and no local ordinance inconsistent therewith shall be adopted, but nothing herein contained shall prevent the enactment by local law or ordinance of additional requirements and restrictions.
Source
Laws 1977, LB 38, § 269.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1238 - Violations; seizure and disposition of explosives.

28-1238.
Violations; seizure and disposition of explosives.
Any explosive materials or destructive devices involved in any violation of sections 28-1213 to 28-1239 or any rule or regulation adopted and promulgated pursuant to such sections or in any violation of any other criminal law of this state shall be subject to seizure, and disposition may be made in accordance with the method of disposition directed for contraband in section 29-820, whenever the seized matter results in a judicial civil or criminal action by or against any person or as the Nebraska State Patrol directs in the absence of such judicial action.
Source
Laws 1977, LB 38, § 270;
Laws 1989, LB 215, § 16.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1239 - Explosives control; exceptions to sections; enumerated.

28-1239.
Explosives control; exceptions to sections; enumerated.
In addition to the exceptions provided in sections 28-1213 to 28-1239, such sections shall not apply to:
(1) The use of explosive materials in medicines and medicinal agents in forms prescribed by the official United States Pharmacopoeia or the National Formulary;
(2) The sale, transportation, shipment, receipt, or importation of explosive materials for delivery to any agency of the United States or to any state or political subdivision thereof;
(3) Small arms ammunition and components thereof;
(4) The storage or possession of or dealing in black powder used for recreation purposes by a sportsperson;
(5) The storage or possession of or dealing in smokeless propellants, percussion caps, primers, and other components used by a sportsperson in the reloading of small arms ammunition;
(6) Bona fide war trophies capable of exploding and innocently found explosive materials possessed under circumstances negating an intent to use the same unlawfully, but the owner thereof shall surrender such items forthwith to any nationally certified hazardous device technician or military explosive ordnance expert upon demand by a law enforcement officer or agency or fire department; and
(7) The storage in minimum amounts necessary for lawful educational purposes of explosive materials to be used in the natural science laboratories of any state-accredited school system.
Source
Laws 1977, LB 38, § 271;
Laws 1993, LB 163, § 4.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1239.01 - Fireworks display; permit required; fee; sale of display fireworks; regulation.

28-1239.01.
Fireworks display; permit required; fee; sale of display fireworks; regulation.
(1) No person shall conduct a public exhibition or display of display fireworks without first procuring a display permit from the State Fire Marshal. Such application for a display permit shall be accompanied by a fee of ten dollars to be deposited in the State Fire Marshal Cash Fund.
(2) No display fireworks shall be sold or delivered by a licensed distributor to any person who is not in possession of an approved display permit. Sales of display fireworks to persons without an approved display permit shall be subject to sections 28-1213 to 28-1239.
Source
Laws 1986, LB 969, § 4;
Laws 1993, LB 251, § 1;
Laws 1997, LB 752, § 82;
Laws 2010, LB880, § 2;
Laws 2012, LB805, § 1.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1240 - Unlawful transportation of anhydrous ammonia; penalty; unlawful use of certain containers; penalty.

28-1240.
Unlawful transportation of anhydrous ammonia; penalty; unlawful use of certain containers; penalty.
(1) Any person, partnership, limited liability company, firm, or corporation (a) who loads, unloads, transports, or causes to be transported over the public highways of this state anhydrous ammonia in a tank or container with a water gallon capacity of three thousand gallons or less which will not withstand two-hundred-fifty-pounds-per-square-inch gauge pressure or in a tank or container with a water gallon capacity of more than three thousand gallons which will not withstand two-hundred-sixty-five-pounds-per-square-inch gauge pressure and does not meet all the other requirements of the United States Department of Transportation Specifications MC 330 or MC 331, as amended and effective September 1, 1965, or (b) who operates any anhydrous ammonia railroad tank cars over the railroads of this state which fail to comply with all of the applicable requirements of the United States Department of Transportation in effect on December 25, 1969, commits the offense of unlawful transportation of anhydrous ammonia.
(2) Compliance with this section must be shown by an identification plate permanently affixed to a conspicuous place on each tank or container. After July 17, 1986, whenever any tank or container is altered subsequent to its original manufacture, the identification plate of such tank or container shall be changed to indicate proof that the tank or container is able to meet standards prescribed in subsection (1) of this section after the tank or container has been altered. Any tank or container which is so altered without making the appropriate changes on its identification plate shall be considered not in compliance with this section.
(3) Unlawful transportation of anhydrous ammonia is a Class II misdemeanor.
(4) Each day of a violation of this section shall constitute a separate offense, and any person, partnership, limited liability company, firm, or corporation operating, loading, or unloading a tank or container not in compliance with this section shall be considered as a separate violator of this section.
(5) It shall be unlawful for any person to use or cause to be used any tank or container with a water gallon capacity of under three thousand gallons which is or has been used to contain anhydrous ammonia for containing propane or liquefied natural gas. Such unlawful use of a tank or container shall be a Class III misdemeanor.
(6) Subsection (5) of this section shall not be applicable when the owner of the tank or container can show that the tank or container has been properly prepared for alternative use. Standards for such preparation shall be adopted and promulgated by the State Fire Marshal pursuant to this section.
Source
Laws 1977, LB 38, § 272;
Laws 1979, LB 476, § 1;
Laws 1986, LB 881, § 1;
Laws 1993, LB 121, § 182.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1242 - Unlawful throwing of fireworks; penalty.

28-1242.
Unlawful throwing of fireworks; penalty.
(1) A person commits the offense of unlawful throwing of fireworks if he or she throws any firework, or any object which explodes upon contact with another object: (a) From or into a motor vehicle; (b) onto any street, highway, or sidewalk; (c) at or near any person; (d) into any building; or (e) into or at any group of persons.
(2) Unlawful throwing of fireworks is a Class III misdemeanor.
Source
Laws 1977, LB 38, § 274;
Laws 1986, LB 969, § 3.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1243 - Fireworks item deemed unsafe; quarantined; testing; test results; effect.

28-1243.
Fireworks item deemed unsafe; quarantined; testing; test results; effect.
(1) If the State Fire Marshal deems any fireworks item to be unsafe pursuant to subdivision (8)(c)(ii) of section 28-1241, such fireworks item shall be quarantined from other fireworks. Any licensed distributor, jobber, or retailer may request, at the distributor's, jobber's, or retailer's expense, that such fireworks item be tested by an independent, nationally recognized testing facility to determine if such fireworks item meets the requirements set forth by the United States Consumer Product Safety Commission for 1.4G explosives. A copy of the results of all testing done pursuant to this section shall be provided to the State Fire Marshal.
(2) If such fireworks item is in compliance with such requirements and otherwise permitted under section 28-1241, such fireworks item that was determined to be unsafe pursuant to subdivision (8)(c)(ii) of section 28-1241 shall be deemed a consumer firework and be permitted for retail sale or distribution.
(3) If such fireworks item is in compliance with such requirements but is otherwise not deemed consumer fireworks, such fireworks item shall not be sold at retail or distributed to retailers for sale in this state, but a distributor, jobber, or retailer may sell such fireworks item to another distributor or retailer in a state that permits the sale of such fireworks item.
(4) If such fireworks item is not in compliance with such requirements, then the distributor, jobber, or retailer shall destroy such fireworks item under the supervision of the State Fire Marshal. If such fireworks item is not destroyed under the supervision of the State Fire Marshal, notarized documentation shall be provided to the State Fire Marshal detailing and confirming the fireworks item's destruction.
Source
Laws 2010, LB880, § 4;
Laws 2021, LB152, § 2.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1244 - Fireworks; unlawful acts.

28-1244.
Fireworks; unlawful acts.
Except as provided in section 28-1245, it shall be unlawful for any person to possess, sell, offer for sale, bring into this state, or discharge any fireworks other than consumer fireworks.
Source
Laws 1977, LB 38, § 276;
Laws 2010, LB880, § 5.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1245 - Fireworks; when prohibitions not applicable.

28-1245.
Fireworks; when prohibitions not applicable.
Section 28-1244 shall not apply to:
(1) Any display fireworks purchased from a licensed distributor; or
(2) Any display fireworks purchased by the holder of a display permit issued pursuant to section 28-1239.01; or
(3) Any fireworks brought into this state for storage by a licensed distributor and held for sale outside of this state; or
(4) Any fireworks furnished for agricultural purposes pursuant to written authorization from the State Fire Marshal to any holder of a distributor's license; or
(5) Toy cap pistols or toy caps, each of which does not contain more than twenty-five hundredths of a grain of explosive material.
Source
Laws 1977, LB 38, § 277;
Laws 1986, LB 969, § 5;
Laws 1993, LB 251, § 2.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1246 - Fireworks; sale; license required; fees.

28-1246.
Fireworks; sale; license required; fees.
(1) It shall be unlawful for any person to sell, hold for sale, or offer for sale as a distributor, jobber, or retailer any fireworks in this state unless such person has first obtained a license as a distributor, jobber, or retailer. Application for each such license shall be made to the State Fire Marshal on forms prescribed by him or her. Each application shall be accompanied by the required fee, which shall be five hundred dollars for a distributor's license, two hundred dollars for a jobber's license, and twenty-five dollars for a retailer's license. Each application for a retailer's license shall be received by the State Fire Marshal at least ten business days prior to the sales period, as set forth in section 28-1249, in which the retailer wishes to sell consumer fireworks. A retailer's license shall be good only for the specific sales period listed on the application and within the calendar year in which issued. The retailer's license shall at all times be displayed at the place of business of the holder thereof.
(2) The funds received pursuant to this section shall be remitted to the State Treasurer for credit to the State Fire Marshal Cash Fund.
Source
Laws 1977, LB 38, § 278;
Laws 1982, LB 928, § 22;
Laws 1986, LB 853, § 1;
Laws 1993, LB 251, § 3;
Laws 1997, LB 752, § 83;
Laws 2010, LB880, § 6;
Laws 2012, LB805, § 2.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1248 - Fireworks; importation into state; duties of licensees; retention of packing list for inspection.

28-1248.
Fireworks; importation into state; duties of licensees; retention of packing list for inspection.
(1) It shall be unlawful for any person not licensed as a distributor or as a jobber under sections 28-1241 to 28-1252 to bring any fireworks into this state.
(2) It shall be unlawful for any retailer or jobber in this state to sell any fireworks in this state which have not been purchased from a distributor licensed under sections 28-1241 to 28-1252.
(3) Any person licensed under sections 28-1239.01 and 28-1241 to 28-1252 shall keep, available for inspection by the State Fire Marshal or his or her agents, a copy of each packing list for fireworks purchased as long as any fireworks included on such packing list are held in his or her possession. The packing list shall show the license number of the distributor or jobber from which the purchase was made.
Source
Laws 1977, LB 38, § 280;
Laws 2010, LB880, § 7.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1249 - Sale of consumer fireworks; limitations.

28-1249.
Sale of consumer fireworks; limitations.
It shall be unlawful to sell any consumer fireworks at retail within this state, outside the limits of any incorporated city or village. Consumer fireworks may be sold at retail only between June 24 and July 5 and between December 28 and January 1 of each year.
Source
Laws 1977, LB 38, § 281;
Laws 1999, LB 621, § 1;
Laws 2004, LB 1091, § 2;
Laws 2010, LB880, § 8.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1250 - Fireworks; prohibited acts; violations; penalties; license suspension, cancellation, or revocation; appeal.

28-1250.
Fireworks; prohibited acts; violations; penalties; license suspension, cancellation, or revocation; appeal.
(1) Any person who violates any of the provisions of sections 28-1244 to 28-1249 commits a Class III misdemeanor. If such person is a licensed distributor or jobber, the State Fire Marshal may suspend, cancel, or revoke the license for up to three years. The suspension, cancellation, or revocation shall become effective upon the failure to timely appeal the decision under the Administrative Procedure Act or upon an order of the Nebraska Fire Safety Appeals Board upholding the decision pursuant to a hearing under the Administrative Procedure Act.
(2) It shall be unlawful for any person, association, partnership, limited liability company, or corporation to have in his, her, or its possession any fireworks in violation of any of the provisions of sections 28-1244 to 28-1249. If any person shall have in his, her, or its possession any fireworks in violation of such sections, a warrant may be issued for the seizure of such fireworks and when the warrant is executed by the seizure of such fireworks, such fireworks shall be safely kept by the magistrate to be used as evidence. Upon conviction of the offender, the fireworks shall be destroyed, but if the offender is discharged, the fireworks shall be returned to the person in whose possession they were found. Nothing in such sections shall apply to the transportation of fireworks by regulated carriers.
Source
Laws 1977, LB 38, § 282;
Laws 1993, LB 121, § 183;
Laws 2010, LB880, § 9.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1251 - Unlawful testing or inspection of fire alarms; penalty; certification of applicants; examination; fee.

28-1251.
Unlawful testing or inspection of fire alarms; penalty; certification of applicants; examination; fee.
(1) It shall be unlawful for any person, association, partnership, limited liability company, or corporation to conduct fire alarm tests and fire alarm inspections without prior written certification by the State Fire Marshal as to the qualifications of such persons conducting such tests and inspections.
(2) The State Fire Marshal shall formulate reasonable guidelines to determine qualifications for fire alarm inspectors and shall administer an examination pursuant to such guidelines prior to certification of applicants.
(3) The State Fire Marshal may charge a fee of one hundred dollars to cover costs of administering such examinations.
(4) Unlawful testing or inspection of fire alarms is a Class III misdemeanor.
Source
Laws 1977, LB 38, § 283;
Laws 1982, LB 928, § 23;
Laws 1993, LB 121, § 184.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1252 - Fireworks; State Fire Marshal; rules and regulations; enforcement of sections.

28-1252.
Fireworks; State Fire Marshal; rules and regulations; enforcement of sections.
The State Fire Marshal shall adopt and promulgate reasonable rules and regulations for the enforcement of sections 28-1239.01 and 28-1241 to 28-1252 and, together with all peace officers of the state and its political subdivisions, shall be charged with the enforcement of sections 28-1239.01 and 28-1243 to 28-1252.
Source
Laws 1977, LB 38, § 284;
Laws 1989, LB 215, § 17;
Laws 2010, LB880, § 10.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1253 - Liquefied petroleum gas; prohibited acts; violation; penalty; enforcement.

28-1253.
Liquefied petroleum gas; prohibited acts; violation; penalty; enforcement.
(1) The distribution, sale, or use of refrigerants containing liquefied petroleum gas for use in mobile air conditioning systems is prohibited.
(2) For purposes of this section:
(a) Liquefied petroleum gas means material composed predominantly of any of the following hydrocarbons or mixtures of such hydrocarbons: Propane, propylene, butanes (normal butane or isobutane), and butylenes;
(b) Mobile air conditioning system means mechanical vapor compression equipment which is used to cool the driver or passenger compartment of any motor vehicle; and
(c) Motor vehicle has the same meaning as in section 60-638.
(3) Any person violating this section is guilty of a Class IV misdemeanor.
(4) The State Fire Marshal may adopt and promulgate rules and regulations for enforcement of this section and, together with peace officers of the state and its political subdivisions, is charged with enforcement of this section.
Source
Laws 1999, LB 163, § 2;
Laws 2021, LB37, § 1.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1254 - Motor vehicle operation with person under age of sixteen years; prohibited acts; violation; penalty.

28-1254.
Motor vehicle operation with person under age of sixteen years; prohibited acts; violation; penalty.
(1) It shall be unlawful for any person to operate or be in the actual physical control of a motor vehicle with a person under the age of sixteen years as a passenger:
(a) While the person operating or in the actual physical control of the motor vehicle is under the influence of alcoholic liquor or any drug;
(b) When the person operating or in the actual physical control of the motor vehicle has a concentration of eight-hundredths of one gram or more by weight of alcohol per one hundred milliliters of his or her blood;
(c) When the person operating or in the actual physical control of the motor vehicle has a concentration of eight-hundredths of one gram or more by weight of alcohol per two hundred ten liters of his or her breath; or
(d) If the person operating or in the actual physical control of the motor vehicle refuses to submit to a chemical test or tests when directed to do so by a peace officer pursuant to section 60-6,197.
(2) A violation of this section shall be a Class I misdemeanor.
(3) The crime punishable under this section shall be treated as a separate and distinct offense from any other offense arising out of acts alleged to have been committed while the person was in violation of this section.
Source
Laws 2011, LB667, § 2.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1255 - Flying lantern-type devices; prohibited acts; penalty.

28-1255.
Flying lantern-type devices; prohibited acts; penalty.
(1) Flying lantern-type devices are prohibited from sale, possession, and use in this state.
(2) For purposes of this section, flying lantern-type devices means devices that require a flame which produces heated air trapped in a balloon-type covering allowing the device to float in the air. Flying lantern-type devices shall not include hot-air balloons used for transporting persons.
(3) A violation of this section is a Class V misdemeanor.
Source
Laws 2016, LB136, § 2.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1301 - Human skeletal remains or burial goods; prohibited acts; penalty.

28-1301.
Human skeletal remains or burial goods; prohibited acts; penalty.
(1) The definitions found in section 12-1204 shall apply to this section.
(2) Except as provided in subsection (3) of this section, a person commits the offense of removing, abandoning, or concealing human skeletal remains or burial goods if he or she:
(a) Knowingly digs up, disinters, removes, or carries away from its place of deposit or burial any such remains or goods, attempts to do the same, or aids, incites, assists, encourages, or procures the same to be done;
(b) Knowingly throws away or abandons any such remains or goods in any place other than a regular place for burial and under a proper death certificate issued under section 38-811 or 71-605; or
(c) Receives, conceals, purchases, sells, transports, trades, or disposes of any such remains or goods if the person knows or has reason to know that such remains or goods have been dug up, disinterred, or removed from their place of deposit or burial or have not been reported in a proper death certificate issued under section 38-811 or 71-605, attempts to do the same, or aids, incites, assists, encourages, or procures the same to be done.
(3) This section shall not apply to: (a) A body authorized to be surrendered for purposes of dissection as provided by law; (b) the body of any person directed to be delivered by competent authority for purposes of dissection; (c) the officers of any lawfully constituted cemetery acting under the direction of the board of trustees in removing any human skeletal remains or burial goods from one place of burial in the cemetery to another place in the same cemetery when disinterment and reinterment permits are secured and return made pursuant to section 71-605; (d) any person removing the human skeletal remains or burial goods of a relative or intimate friend from one place of burial in any lawfully constituted cemetery to another when consent for such removal has been obtained from the lawfully constituted authority thereof and permits for disinterment and reinterment secured and return made pursuant to section 71-605; (e) any professional archaeologist engaged in an otherwise lawful and scholarly excavation of a nonburial site who unintentionally encounters human skeletal remains or associated burial goods if the archaeologist complies with the notification requirements of the Unmarked Human Burial Sites and Skeletal Remains Protection Act; or (f) any archaeological excavation by the Nebraska State Historical Society or its designee in the course of execution of the duties of the society if any human skeletal remains or associated burial goods discovered during such excavation are disposed of pursuant to section 12-1208.
(4) Violation of this section shall be a Class IV felony.
Source
Laws 1977, LB 38, § 285;
Laws 1989, LB 340, § 13;
Laws 2003, LB 95, § 32;
Laws 2007, LB463, § 1128.
Cross References
Unmarked Human Burial Sites and Skeletal Remains Protection Act, see section 12-1201.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1302 - Concealing the death of another person; penalty.

28-1302.
Concealing the death of another person; penalty.
Any person who conceals the death of another person and thereby prevents a determination of the cause or circumstances of death commits a Class I misdemeanor.
Source
Laws 1977, LB 38, § 286.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1303 - Stagnant water; raising or producing, unlawful; penalty; abatement.

28-1303.
Stagnant water; raising or producing, unlawful; penalty; abatement.
Whoever shall build, erect, continue or keep up any dam or other obstruction in any river or stream of water in this state 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 a Class III misdemeanor and the court shall, moreover, order every such nuisance to be abated or removed.
Source
Laws 1977, LB 38, § 287.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1304 - Putting carcass or filthy substance into well, spring, brook, or stream; penalty.

28-1304.
Putting carcass or filthy substance into well, spring, brook, or stream; penalty.
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 a Class IV misdemeanor.
Source
Laws 1977, LB 38, § 288.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1304.01 - Dead animals; liquefied remains; prohibited acts; violation; penalty.

28-1304.01.
Dead animals; liquefied remains; prohibited acts; violation; penalty.
The liquefied remains of any dead animal shall not be injected below the surface of the ground nor be spread above the surface of the ground in any manner. Any person violating the provisions of this section shall be guilty of a Class II misdemeanor.
Source
Laws 1998, LB 1209, § 15;
R.S.1943, (1998), § 54-725;
Laws 1999, LB 6, § 2;
Laws 1999, LB 870, § 3.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1305 - Exposing offensive matter; penalty.

28-1305.
Exposing offensive matter; penalty.
Whoever shall put the carcass of any dead animal, the offals from any slaughter house, butcher's establishment, packing house, or fish house, any spoiled meats, spoiled fish, or putrid animal substance, or the contents of any privy vault upon or into any river, bay, creek, pond, canal, road, street, alley, lot, field, meadow, public ground, market space, or common, or whoever, being the owner or owners or occupant or occupants thereof, shall knowingly permit the same to remain in any of the aforesaid situations, to the annoyance of the citizens of this state, or any of them, or shall neglect or refuse to remove or abate the nuisance occasioned thereby within twenty-four hours after knowledge of the existence of such nuisance upon any of the above-described premises owned or occupied by him, her, or them, or after notice thereof in writing from the street commissioner, supervisor, or any trustee or health officer of any city or precinct in which such nuisance shall exist, shall be guilty of a Class V misdemeanor. If the nuisance is not abated within twenty-four hours thereafter, it shall be deemed a second offense against the provisions of this section, and every like neglect of each twenty-four hours thereafter shall be considered an additional offense.
Source
Laws 1977, LB 38, § 289;
Laws 1988, LB 1030, § 21.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1306 - Unclean stock cars, railroads bringing into state; penalty.

28-1306.
Unclean stock cars, railroads bringing into state; penalty.
It shall be unlawful for any railroad company operating its road in this state to bring or cause to be brought into this state from an adjoining state any empty car used for transporting hogs or sheep, or any empty combination car used for carrying grain and stock that has any filth of any kind whatever in the same; but such railroad company shall, before it allows such car or cars to pass into the state, cause the same to be thoroughly cleaned. Any person or persons or corporation violating any provision of this section shall be guilty of a Class V misdemeanor.
Source
Laws 1977, LB 38, § 290.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1307 - Diseased meat; sale; penalty.

28-1307.
Diseased meat; sale; penalty.
It shall be unlawful for any person to sell or offer for sale the flesh of a diseased animal, whether such animal shall have died of disease or shall have been butchered when in a diseased condition. Any person violating the provisions of this section shall be guilty of a Class IV felony.
Source
Laws 1977, LB 38, § 291.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1308 - Watering stock at private tank; unlawful; penalty; exceptions.

28-1308.
Watering stock at private tank; unlawful; penalty; exceptions.
(1) It is hereby declared unlawful for any person to water livestock at any watering trough or tanks belonging to any private owner without the consent of such owner, but this section shall not apply to livestock in transportation on railroads nor to livestock delivered into any stockyards nor to livestock in holding pens awaiting slaughter.
(2) Violation of this section is a Class V misdemeanor.
Source
Laws 1977, LB 38, § 292.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1309 - Refusing to yield a party line; penalty.

28-1309.
Refusing to yield a party line; penalty.
(1) A person commits the offense of refusing to yield a party line if he willfully refuses to relinquish a telephone party line, consisting of a subscriber line telephone circuit with two or more main telephone stations connected therewith, each having a distinctive ring or telephone number, after he has been requested to do so to permit another to place a call, in an emergency in which property or human life is in jeopardy and the prompt summoning of aid is essential, unless such party line is already being used for another such emergency call, or willfully interferes with such an emergency message, or requests the use of such a party line by falsely stating that the same is needed for any such purpose, knowing the statement to be false.
(2) Refusal to yield a party line is a Class III misdemeanor.
Source
Laws 1977, LB 38, § 293.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1311 - Interfering with a public service company; penalty.

28-1311.
Interfering with a public service company; penalty.
(1) A person commits the offense of interfering with a public service company if he willfully and purposely interrupts or interferes with the transmission of telegraph or telephone messages or the transmission of light, heat and power in this state.
(2) Interference with public service companies is a Class II misdemeanor.
Source
Laws 1977, LB 38, § 295.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1312 - Interfering with the police radio system; police radio set, defined; penalty; exceptions; equipment used in violation of sections; disposition.

28-1312.
Interfering with the police radio system; police radio set, defined; penalty; exceptions; equipment used in violation of sections; disposition.
(1) Police radio set shall mean any radio set or apparatus capable of either receiving or transmitting radio frequency signals within the wavelength or channel now or which may hereafter be allocated by the Federal Communications Commission for the police radio service.
(2) A person commits the offense of interfering with the police radio system if he has in his possession or in any motor vehicle or equips or installs in or on any motor vehicle, any police radio set which:
(a) In any way intentionally interferes with the transmission or reception of radio messages by any law enforcement agency and hinders any such agency in fulfillment of its duties; or
(b) Intercepts such radio signals to evade or assist others in evading arrest; or
(c) Results in the use of such communication for monetary or personal gain.
(3) The provisions of subsection (2) of this section shall not apply to:
(a) Peace officers and members of a law enforcement agency which regularly maintains a police radio system authorized and licensed by the Federal Communications Commission;
(b) Any person who has permission in writing from the head of a law enforcement agency to possess and use any radio set or apparatus capable of receiving messages or signals within the wavelength or channel assigned to the agency granting the permission; or
(c) Legal newspapers as defined in section 25-523, or radio, television or cable antenna television stations licensed pursuant to law, monitoring messages of signals for news purposes only without rebroadcasting or republishing verbatim.
(4) Interfering with the police radio system is a Class I misdemeanor.
(5) It shall be the duty of any and all peace officers to seize and hold for evidence any and all equipment possessed or used in violation of this section, and upon conviction of the person possessing or using such equipment, the court shall order such equipment destroyed or forfeited to the State of Nebraska.
Source
Laws 1977, LB 38, § 296.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1313 - Unlawful use of a white cane or guide dog; penalty.

28-1313.
Unlawful use of a white cane or guide dog; penalty.
(1) A person commits unlawfully using a white cane or guide dog if he is not blind as defined by law and carries, displays, or otherwise makes use of a white cane or guide dog.
(2) Such use of a white cane or the use of a guide dog by a person shall be officially recognized as an indication that the bearer is blind.
(3) Unlawful use of a white cane or guide dog is a Class III misdemeanor.
Source
Laws 1977, LB 38, § 297.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1314 - Failing to observe a blind person; penalty.

28-1314.
Failing to observe a blind person; penalty.
(1) A person commits the offense of failing to observe a blind person if as an operator of any vehicle or other conveyance, he fails to:
(a) Give special consideration to the bearer of a white cane or user of a guide dog; and
(b) Stop and remain when approaching such bearer until such time as the bearer has safely reached a position well outside the course normally used by the operator of the vehicle or other conveyance.
(2) Failure to observe a blind person is a Class III misdemeanor.
Source
Laws 1977, LB 38, § 298.