reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-221 - Nuisances; prevention; abatement.

15-221.
Nuisances; prevention; abatement.
A city of the primary class shall have the power, by ordinance, to prevent any person from bringing, having, depositing, or leaving upon or near his or her premises or elsewhere within the city any dead carcass, or other putrid beef, pork, fish, hides, or skins of any kind, or any other unwholesome substance, and to compel the removal of such substances.
Source
Laws 1901, c. 16, § 129, XXV, p. 133;
R.S.1913, § 4435;
C.S.1922, § 3819;
C.S.1929, § 15-222;
R.S.1943, § 15-221;
Laws 2020, LB1003, § 38.
Cross References
Mosquitoes, flies, or other insects, nuisance, abatement, see sections 71-2917 and 71-2918.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-222 - Public utilities; franchises; power to grant; elections required, when.

15-222.
Public utilities; franchises; power to grant; elections required, when.
A city of the primary class shall have the power to make contracts with and authorize any person, company, or association to erect gas works, electric works, or other light works in such city, and give such person, company, or association the privilege of furnishing light for the streets, lanes, and alleys of such city for any length of time not exceeding one year, or for any time not exceeding five years upon being authorized so to do by a majority vote of the electors of such city. The mayor and city council shall not have power to grant a franchise for any purpose for a period longer than twenty-five years. Franchises to be granted for a longer period than twenty-five years shall be submitted to a vote of the people and shall require a majority vote of the electors of the city voting thereon at a general or special election. All franchise ordinances shall require three readings on three separate days before passage by the city council.
Source
Laws 1901, c. 16, § 129, XXVI, p. 133;
Laws 1905, c. 16, § 11, p. 213;
R.S.1913, § 4436;
C.S.1922, § 3820;
C.S.1929, § 15-223;
R.S.1943, § 15-222;
Laws 2020, LB1003, § 39.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-223 - Water; rates; regulation.

15-223.
Water; rates; regulation.
A city of the primary class shall have the power to fix the rate to be paid for the use of water furnished by the city or any person or corporation by means of waterworks and provide by ordinance that any tax for the use of water furnished by such city shall be a lien upon the property where such water is furnished.
Source
Laws 1901, c. 16, § 129, XXVII, p. 134;
R.S.1913, § 4437;
C.S.1922, § 3821;
C.S.1929, § 15-224;
R.S.1943, § 15-223;
Laws 2020, LB1003, § 40.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-224 - Watercourses; wells; reservoirs; regulation.

15-224.
Watercourses; wells; reservoirs; regulation.
A city of the primary class shall have the power to establish, alter, and change the channel of watercourses, and to wall and cover such watercourses over, to establish, make, and regulate public wells, cisterns, aqueducts, and reservoirs of water, and to provide for the filling of such wells, cisterns, aqueducts, and reservoirs.
Source
Laws 1901, c. 16, § 129, XXVIII, p. 134;
R.S.1913, § 4438;
C.S.1922, § 3822;
C.S.1929, § 15-225;
R.S.1943, § 15-224;
Laws 2020, LB1003, § 41.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-225 - Fire department; establishment; government.

15-225.
Fire department; establishment; government.
A city of the primary class shall have the power to provide for the organization of a fire department, to procure fire engines, hooks, ladders, buckets, and other apparatus, to organize fire engine, hook, ladder, and bucket companies, to prescribe rules of duty and the government of the fire department, with such penalties as the city council may deem proper, not exceeding a one-hundred-dollar fine, to make all necessary appropriations therefor, and to establish regulations for the prevention and extinguishment of fires.
Source
Laws 1901, c. 16, § 129, XXIX, p. 134;
Laws 1907, c. 9, § 13, p. 84;
Laws 1913, c. 7, § 1, p. 65;
R.S.1913, § 4439;
C.S.1922, § 3823;
C.S.1929, § 15-226;
R.S.1943, § 15-225;
Laws 2020, LB1003, § 42.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-228 - Water districts; water mains; enlarging; construction; assessments.

15-228.
Water districts; water mains; enlarging; construction; assessments.
The city council shall have the power to create water districts for the purpose of supplying water for domestic, industrial, or fire purposes, or for the purpose of enlarging any water mains, now existing or hereafter constructed. All such districts, to be known as water districts, shall be created by ordinance and shall designate the property to be benefited. Upon creation of any water district, the city council shall have the power to construct or cause to be constructed, either by contract with the lowest responsible bidder or directly by the city, such water main or mains, or extensions or enlargements, including all necessary appliances for fire protection, within such districts as the city council shall determine, and assess the costs thereof against the property in such district, not exceeding the special benefits accruing on account thereof. The city council shall have the power and authority to fix the period of time, not to exceed twenty years, in which the special assessments against any property for the payment of the cost of such improvements may be made. The city council shall have the power and authority to issue bonds in accordance with the provisions of a home rule charter of the city or of state law.
Source
Laws 1907, c. 9, § 13, p. 85;
Laws 1913, c. 7, § 1, p. 65;
R.S.1913, § 4439;
C.S.1922, § 3823;
C.S.1929, § 15-226;
R.S.1943, § 15-228;
Laws 1969, c. 66, § 1, p. 378;
Laws 2020, LB1003, § 43.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-229 - Eminent domain; power to exercise; procedure; entry to make surveys and tests; damages.

15-229.
Eminent domain; power to exercise; procedure; entry to make surveys and tests; damages.
A city of the primary class shall have the power to acquire, either temporarily or permanently, lands, real or personal property, or any interests therein, or any easements deemed to be necessary or desirable for any present or future necessary or authorized public purpose within or without the city by gift, agreement, purchase, condemnation, or otherwise. In all such cases the city shall make the person or persons whose property shall be taken or injured thereby adequate compensation therefor. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724. A city of the primary class shall have authority to enter upon any property to make surveys, examinations, investigations, and tests, and to acquire other necessary and relevant data in contemplation of establishing a location of a necessary or authorized public purpose, acquiring property therefor, or performing other operations incident to construction, reconstruction, or maintenance of such public purpose, and entry upon any property pursuant to this authority shall not be considered to be a legal trespass and no damages shall be recovered on that account alone. In case of any actual or demonstrable damages to the premises, the city shall pay the owner of the premises the amount of the damages. Upon the failure of the landowner and the city to agree upon the amount of damages, the landowner, in addition to any other available remedy, may file a petition as provided for in section 76-705. The entry by the city or its representatives shall be made only after notice of the entry and its purpose.
Source
Laws 1901, c. 16, § 129, XXX, p. 135;
R.S.1913, § 4440;
C.S.1922, § 3824;
C.S.1929, § 15-227;
R.S.1943, § 15-229;
Laws 1951, c. 101, § 46, p. 467;
Laws 1961, c. 36, § 1, p. 161;
Laws 1967, c. 56, § 1, p. 191;
Laws 2020, LB1003, § 44.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-229.01 - Acquisition of land, property, or interest; uneconomic remnants of land; acquire, when.

15-229.01.
Acquisition of land, property, or interest; uneconomic remnants of land; acquire, when.
In connection with the acquisition of lands, property, or interests therein for a public purpose, a city of the primary class may acquire by any lawful means, except through condemnation, an entire lot, block, or tract of land or property if, by so doing, the interests of the public will be best served, even though the entire lot, block, or tract is not immediately needed for public purposes. Without limiting such authority, this may be done where uneconomic remnants of land would be left the original owner or owners or where severance or consequential damages to a remainder make the acquisition of the entire parcel more economical to the city. In the event
that any such property is left without access to a street and the cost of acquisition of such landlocked property or land through condemnation would be more economical to the city than the cost of providing a means of reasonable ingress to or egress from the property or land, the city may acquire such landlocked property or land by condemnation.
Source
Laws 1967, c. 56, § 2, p. 192;
Laws 2020, LB1003, § 45.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-229.02 - Real property; acquisition.

15-229.02.
Real property; acquisition.
A city of the primary class may acquire additional real property by gift, agreement, purchase, exchange, or condemnation if such additional real property is needed for the purpose of moving and establishing thereon buildings, structures, or other appurtenances which are situated on real property acquired by the city for a public purpose. The city may make agreements for the exchange of property, to make allowances for differences in the value of the properties being exchanged, and to move or pay the cost of moving buildings, structures, or other appurtenances.
Source
Laws 1967, c. 56, § 3, p. 193;
Laws 2020, LB1003, § 46.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-230 - Public libraries; establishment.

15-230.
Public libraries; establishment.
A city of the primary class may establish, maintain, and operate public library facilities, purchase books, papers, maps, and manuscripts therefor, receive donations and bequests of money or property for such facilities, books, papers, maps, and manuscripts in trust or otherwise, and pass necessary bylaws and regulations for the protection and government of such facilities, books, papers, maps, and manuscripts.
Source
Laws 1901, c. 16, § 129, XXXI, p. 135;
R.S.1913, § 4441;
C.S.1922, § 3825;
C.S.1929, § 15-228;
R.S.1943, § 15-230;
Laws 1961, c. 36, § 2, p. 161;
Laws 2020, LB1003, § 47.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-231 - Hospital; establishment.

15-231.
Hospital; establishment.
A city of the primary class may (1) purchase or otherwise acquire ground for and erect, establish, operate, regulate, and repair a city hospital or any hospital, the governing board of which is appointed by the mayor or city council, (2) receive donations and bequests of money or property for such hospital facilities in trust or otherwise, and (3) issue bonds of the city for acquiring, constructing, reconstructing, improving, extending, equipping, or furnishing such hospital facilities.
Source
Laws 1901, c. 16, § 129, XXXII, p. 135;
R.S.1913, § 4442;
C.S.1922, § 3826;
C.S.1929, § 15-229;
R.S.1943, § 15-231;
Laws 1959, c. 42, § 1, p. 223;
Laws 2020, LB1003, § 48.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-234 - Hospital; rules; management.

15-234.
Hospital; rules; management.
For any hospital established under section 15-231, there shall be established rules for the government of such hospital and admission of persons to its privileges as may be deemed expedient. No religious or sectarian association, organization, or body shall be permitted to manage or control such hospital.
Source
Laws 1901, c. 16, § 129, XXXV, p. 136;
R.S.1913, § 4445;
C.S.1922, § 3829;
C.S.1929, § 15-232;
R.S.1943, § 15-234;
Laws 1963, c. 55, p 1, p. 235;
Laws 2020, LB1003, § 49.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-235 - Hospital; contracts to support; when authorized.

15-235.
Hospital; contracts to support; when authorized.
The city council of a city of the primary class may enter into an agreement with a corporation or association organized for charitable purposes in such city for the erection and management of a hospital for the sick and disabled and have a permanent interest therein to an extent and upon such terms and conditions as may be agreed upon between the city council and such corporation or association. The city council shall provide for the payment of the amount agreed upon, for any interests in such hospital, either in one payment or in installments, or so much from year to year as the parties may stipulate. Such
agreement shall not be made if the city shall have established a hospital as authorized by section 15-231. No such agreement shall extend more than one year.
Source
Laws 1901, c. 16, § 129, XXXVI, p. 136;
R.S.1913, § 4446;
C.S.1922, § 3830;
C.S.1929, § 15-233;
R.S.1943, § 15-235;
Laws 2020, LB1003, § 50.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-235.01 - Hospital; terms, defined.

15-235.01.
Hospital; terms, defined.
As used in the Hospital Sinking Fund Act, unless the context otherwise requires:
(1) Governmental subdivision shall mean any city of the primary class and also any county in which a city of the primary class is the county seat thereof; and
(2) Hospital shall mean any hospital organized pursuant to section 15-231, or any hospital or hospital facility established by a governmental subdivision in conjunction with or adjoining a hospital organized pursuant to section 15-231.
Source
Laws 1961, c. 38, § 1, p. 165;
Laws 2020, LB1003, § 51.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-235.02 - Hospital; sinking fund; levy.

15-235.02.
Hospital; sinking fund; levy.
A governmental subdivision shall have the power to levy a tax, known as a hospital sinking-fund tax, upon all of the taxable property in its jurisdiction, which levy shall be in addition to all other authorized levies, for the use and benefit of the hospital, and the proceeds of such taxes when and as collected shall be set aside and deposited in the special account or accounts in which other revenue of the governmental subdivision is deposited. This levy shall be accumulated as a sinking fund by the governmental subdivision from fiscal year to fiscal year to provide funds for hospital improvements, maintenance, and operation.
Source
Laws 1961, c. 38, § 2, p. 165;
Laws 1992, LB 719A, § 40.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-235.03 - Hospital; income, revenue, profits; disbursement.

15-235.03.
Hospital; income, revenue, profits; disbursement.
All income, revenue, and profits of the hospital and money derived from the levy provided for in section 15-235.02, or from grants, loans, or contributions from the United States, the State of Nebraska, or any agency or instrumentality of such governments, shall be held by the treasurer of the governmental subdivision having jurisdiction over the hospital, and the treasurer shall not commingle such money with any other money under his or her control. Such money shall be deposited in a separate bank account or accounts and shall be withdrawn only by check or draft signed by such treasurer on requisition of the chairperson of the hospital board or such other person as the hospital board may authorize. The chief auditing officer of the governmental subdivision and his or her legally authorized representatives are authorized and empowered from time to time to examine the accounts and books of such hospital board, including its receipts, disbursements, contracts, leases, sinking funds, and investments, and any other matters relating to its financial standing.
Source
Laws 1961, c. 38, § 2, p. 165;
Laws 2020, LB1003, § 52.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-235.04 - Hospital; sinking fund; investment.

15-235.04.
Hospital; sinking fund; investment.
A governmental subdivision shall have the power and authority to invest and reinvest all idle funds in the hospital sinking fund, including but not limited to current tax receipts for such period of time as such funds are not immediately needed, in evidences of indebtedness of the United States Government and agencies thereof.
Source
Laws 1961, c. 38, § 5, p. 166.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-236 - Contagious diseases; control; board of health; hospitals.

15-236.
Contagious diseases; control; board of health; hospitals.
A city of the primary class may make all such ordinances, bylaws, rules, and regulations not inconsistent with the general laws of the state as may be necessary or expedient to promote the public health, safety, and welfare, including ordinances, bylaws, rules, and regulations as may be necessary or expedient to prevent the introduction or spread of contagious, infectious, or malignant diseases. This power and authority is granted to such city in the area which is within the corporate limits of the city and its extraterritorial zoning jurisdiction. The city may create a department of health, make laws and regulations for that purpose, and enforce such ordinances, bylaws, rules, and regulations as provided in section 15-263.
Source
Laws 1901, c. 16, § 129, XXXVII, p. 137;
R.S.1913, § 4447;
Laws 1919, c. 40, § 1, p. 123;
C.S.1922, § 3831;
C.S.1929, § 15-234;
R.S.1943, § 15-236;
Laws 1967, c. 57, § 1, p. 193;
Laws 2020, LB1003, § 53.
Annotations
The city of Lincoln enacted Municipal Code § 8.44.040, which regulates the disposition of refuse pursuant to a grant of authority found in this section. The court held that the authority to enforce ordinances is granted to an area within the city or within three miles of the city and outside any organized city or village. State v. Austin, 209 Neb. 174, 306 N.W.2d 861 (1981).
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-237 - Health regulations; nuisances; abatement; slaughterhouses; stockyards; location.

15-237.
Health regulations; nuisances; abatement; slaughterhouses; stockyards; location.
A city of the primary class shall have the power to regulate in the area which is within the corporate limits of the city and its extraterritorial zoning jurisdiction in order to (1) secure the general health, (2) provide rules for the prevention, abatement, and removal of nuisances, including the pollution of air and water, and (3) make and prescribe regulations for the construction, location, and regulation of all slaughterhouses, stockyards, warehouses, commercial feed lots, stables, or other places where offensive matter is kept or is likely to accumulate.
Source
Laws 1901, c. 16, § 129, XXXVIII, p. 137;
R.S.1913, § 4448;
Laws 1919, c. 40, § 1, p. 124;
C.S.1922, § 3832;
C.S.1929, § 15-235;
R.S.1943, § 15-237;
Laws 1967, c. 57, § 2, p. 194;
Laws 2020, LB1003, § 54.
Cross References
Mosquitoes, flies, or other insects, nuisance, abatement, see sections 71-2917 and 71-2918.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-238 - Health regulations; sewer connections; power to compel.

15-238.
Health regulations; sewer connections; power to compel.
A city of the primary class shall have the power by ordinance to regulate and prohibit cesspools and privy vaults in such city and shall have the power to require the owner or owners of any lot, lots, or lands within such cities, upon which any building or buildings are located, to connect such building or buildings with a sewer, to provide such building or buildings with a suitable privy or watercloset, and to connect such privy or watercloset with a sewer, and to require such owner or owners to keep all privy vaults and cesspools clean. Upon the refusal to connect with a sewer or failure of such owner or owners to provide a suitable watercloset or privy, or to make any sewer connection, or to remove any privy vault or cesspool, or to clean the privy vault or cesspool, after five days' notice by publication, or in place thereof, personal notice to so do, then such city, through its proper officers, shall have power to make any sewer connection, construct any watercloset or privy, regulate or remove any privy vault or cesspool, or clean the same, or cause the same to be done, and shall have the power to provide by ordinance for assessing the cost thereof by special assessment against the lot, lots, or lands of such owner or owners.
Source
Laws 1915, c. 216, § 1, p. 485;
C.S.1922, § 3833;
C.S.1929, § 15-236;
R.S.1943, § 15-238;
Laws 2020, LB1003, § 55.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-239 - Cemeteries; establishment.

15-239.
Cemeteries; establishment.
A city of the primary class may purchase, hold, and pay for, in the manner provided in sections 15-239 to 15-243, lands outside the corporate limits of such city for the purpose of burial and cemetery grounds and avenues leading thereto.
Source
Laws 1901, c. 16, § 129, XXXIX, p. 137;
R.S.1913, § 4449;
C.S.1922, § 3834;
C.S.1929, § 15-237;
R.S.1943, § 15-239;
Laws 2020, LB1003, § 56.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-240 - Cemeteries; improvement.

15-240.
Cemeteries; improvement.
A city of the primary class may survey, plot, map, grade, fence, ornament, and otherwise improve all burial and cemetery grounds and avenues leading thereto owned by such city. The city may construct walks, rear and protect ornamental trees therein, and provide for paying the expenses thereof.
Source
Laws 1901, c. 16, § 129, XL, p. 137;
R.S.1913, § 4450;
C.S.1922, § 3835;
C.S.1929, § 15-238;
R.S.1943, § 15-240;
Laws 2020, LB1003, § 57.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-241 - Cemeteries; conveyance of lots.

15-241.
Cemeteries; conveyance of lots.
A city of the primary class may convey cemetery lots owned by such city by certificates signed by the mayor and countersigned by the city clerk under seal of the city, specifying that the person to whom such certificate is issued is owner of the lot or lots described therein by number as laid down on such plat or map, for the purpose of interment. Such certificate shall vest in the proprietor, his or her heirs and assigns, a right in fee simple to such lot or lots for the sole purpose of interment under the regulations of the city council.
Source
Laws 1901, c. 16, § 129, XLI, p. 137;
R.S.1913, § 4451;
C.S.1922, § 3836;
C.S.1929, § 15-239;
R.S.1943, § 15-241;
Laws 2015, LB241, § 1;
Laws 2020, LB1003, § 58.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-242 - Cemeteries; ownership of lots; monuments.

15-242.
Cemeteries; ownership of lots; monuments.
A city of the primary class may limit the number of cemetery lots which shall be owned by the same person at the same time, may prescribe rules for enclosing, adorning, and erecting monuments and tombstones on cemetery lots, and may prohibit any diversion of the use of such lots and any improper adornment thereof, but no religious test shall be made as to the ownership of such lots, the burial therein, or the ornamentation of graves or lots.
Source
Laws 1901, c. 16, § 129, XLII, p. 138;
R.S.1913, § 4452;
C.S.1922, § 3837;
C.S.1929, § 15-240;
R.S.1943, § 15-242;
Laws 2020, LB1003, § 59.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-243 - Cemeteries; regulation.

15-243.
Cemeteries; regulation.
A city of the primary class may pass rules and ordinances imposing penalties and fines, not exceeding one hundred dollars, regulating, protecting, and governing the cemetery, the owners of lots therein, visitors thereof, and trespassers therein. The officers of such city shall have full jurisdiction and power in the enforcement of such rules and ordinances as though they related to the city itself.
Source
Laws 1901, c. 16, § 129, XLIII, p. 138;
R.S.1913, § 4453;
C.S.1922, § 3838;
C.S.1929, § 15-241;
R.S.1943, § 15-243;
Laws 2020, LB1003, § 60.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-244 - Money; power to borrow; pledges to secure; issuance of bonds; purposes; conditions.

15-244.
Money; power to borrow; pledges to secure; issuance of bonds; purposes; conditions.
A city of the primary class may borrow money on the credit of the city and pledge the credit, revenue, and public property of the city for the payment thereof when authorized in the manner provided by the home rule charter of the city or as otherwise provided by law. Such city shall have the power to issue general obligation bonds of the city, general obligation notes, and refunding bonds, as provided in its home rule charter or as otherwise provided by law. Such city shall have the power to issue revenue bonds for the purpose of acquiring, constructing, reconstructing, improving, extending, equipping, or furnishing any revenue-producing facility within or without the city which is for a public purpose, except
that unless authorized by a majority of the voters of such city voting upon the question, no revenue bonds shall be issued for entering the public transportation, natural gas distribution, or telephone fields or functions. Such city shall also have the power to contract for the acquisition of the electric facilities and properties used or useful in connection therewith of a public power district within or without the city and to pay for all or any part of the acquisition out of the earnings of electric facilities and properties.
Source
Laws 1901, c. 16, § 129, XLIV, p. 138;
R.S.1913, § 4454;
C.S.1922, § 3839;
C.S.1929, § 15-242;
R.S.1943, § 15-244;
Laws 1965, c. 45, § 1, p. 244;
Laws 2020, LB1003, § 61.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-247 - Election districts; establishment.

15-247.
Election districts; establishment.
A city of the primary class may divide the city into election districts, establish the boundaries thereof, and number the election districts.
Source
Laws 1901, c. 16, § 129, XLVII, p. 139;
R.S.1913, § 4457;
C.S.1922, § 3842;
C.S.1929, § 15-245;
R.S.1943, § 15-247;
Laws 2020, LB1003, § 62.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-249 - Officers; removal; vacancies; how filled.

15-249.
Officers; removal; vacancies; how filled.
A city of the primary class may provide for removing officers of the city for misconduct, except as otherwise provided in Chapter 15, and may provide for filling vacancies in any elective office as provided in sections 32-568 and 32-569.
Source
Laws 1901, c. 16, § 129, XLIX, p. 140;
R.S.1913, § 4459;
C.S.1922, § 3844;
C.S.1929, § 15-247;
R.S.1943, § 15-249;
Laws 1961, c. 37, § 1, p. 163;
Laws 1994, LB 76, § 480.
Annotations
Provisions of general election law for filling vacancies apply to alderman where no ordinance is inconsistent therewith, and appointee holds until successor is chosen at next general election. State ex rel. Castle v. Schroeder, 79 Neb. 759, 113 N.W. 192 (1907).
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-250 - Officers; powers, duties; compensation; power to prescribe.

15-250.
Officers; powers, duties; compensation; power to prescribe.
A city of the primary class may regulate and prescribe the powers, duties, and compensation of officers of the city not otherwise provided by law.
Source
Laws 1901, c. 16, § 129, L, p. 140;
R.S.1913, § 4460;
C.S.1922, § 3845;
C.S.1929, § 15-248;
R.S.1943, § 15-250;
Laws 2020, LB1003, § 63.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-251 - Officers and employees; bonds or insurance.

15-251.
Officers and employees; bonds or insurance.
A city of the primary class may require all officers or employees elected or appointed to give bond or evidence of equivalent insurance for the faithful performance of their duties. No officer shall become surety upon the official bond of another or upon any contractor's bond, license, or appeal bond given to the city or under any ordinance thereof. It shall be optional with such officers to give a surety or guaranty company bond.
Source
Laws 1901, c. 16, § 129, LI, p. 140;
R.S.1913, § 4461;
C.S.1922, § 3846;
C.S.1929, § 15-249;
R.S.1943, § 15-251;
Laws 1961, c. 37, § 2, p. 163;
Laws 2007, LB347, § 4.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-252 - Officers; reports required.

15-252.
Officers; reports required.
A city of the primary class may require of any officer of the city, at any time, a detailed report of the transactions of his or her office or any matters connected therewith.
Source
Laws 1901, c. 16, § 129, LII, p. 140;
R.S.1913, § 4462;
C.S.1922, § 3847;
C.S.1929, § 15-250;
R.S.1943, § 15-252;
Laws 2020, LB1003, § 64.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-254 - Ordinances; revision; publication.

15-254.
Ordinances; revision; publication.
A city of the primary class may provide for the revision of the ordinances of such city from time to time and for their publication in pamphlet, book, or electronic form, with or without the statutes relative to cities of the primary class.
Source
Laws 1901, c. 16, § 129, LIV, p. 141;
R.S.1913, § 4464;
C.S.1922, § 3849;
C.S.1929, § 15-252;
R.S.1943, § 15-254;
Laws 2020, LB1003, § 65.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-255 - Public safety; measures to protect.

15-255.
Public safety; measures to protect.
A city of the primary class may (1) prohibit riots, routs, noise, or disorderly assemblies, (2) prevent the discharge of firearms, rockets, powder, fireworks, or other dangerous and combustible material, (3) regulate and prevent the transportation of gunpowder or combustible articles, tar, pitch, resin, coal oil, benzine, turpentine, hemp, cotton, nitroglycerine, dynamite, petroleum or its products, or other explosives or inflammables, (4) regulate use of lights in stables, shops, or other places and building of bonfires, and (5) regulate and prohibit the piling of building material or any excavation or obstruction of the streets.
Source
Laws 1901, c. 16, § 129, LV, p. 141;
R.S.1913, § 4465;
C.S.1922, § 3850;
C.S.1929, § 15-253;
R.S.1943, § 15-255;
Laws 2009, LB430, § 2;
Laws 2020, LB1003, § 66;
Laws 2023, LB77, § 3.
Effective Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-256 - Public safety; disturbing the peace; power to punish.

15-256.
Public safety; disturbing the peace; power to punish.
A city of the primary class may punish disturbance of the peace or good order, clamor, intoxication, drunkenness, fighting, or other violations of the public peace by indecent or disorderly conduct, or blockading any street, sidewalk, way, or space, or interfering with the passing of people.
Source
Laws 1901, c. 16, § 129, LVI, p. 141;
R.S.1913, § 4466;
C.S.1922, § 3851;
C.S.1929, § 15-254;
R.S.1943, § 15-256;
Laws 2020, LB1003, § 67.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-257 - Vagrancy; offenses against public morals; punishment.

15-257.
Vagrancy; offenses against public morals; punishment.
A city of the primary class may provide for the punishment of vagrants, tramps, or street beggars, prostitutes, disturbers of the peace, pickpockets, gamblers, burglars, thieves, or persons who practice any game, trick, or device with intent to swindle.
Source
Laws 1901, c. 16, § 129, LVII, p. 141;
R.S.1913, § 4467;
C.S.1922, § 3852;
C.S.1929, § 15-255;
R.S.1943, § 15-257;
Laws 2020, LB1003, § 68.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-258 - Billiard halls; disorderly houses; prohibition; exceptions.

15-258.
Billiard halls; disorderly houses; prohibition; exceptions.
A city of the primary class may restrain, prohibit, and suppress unlicensed billiard tables, bowling alleys, houses of prostitution, opium and illicit drug dens, and other disorderly houses and practices, games, and gambling houses, may prohibit all public amusements, shows, or exhibitions, and may prohibit all lotteries, all fraudulent devices and practices for the purposes of obtaining money or property, all shooting galleries except as provided in the Nebraska Shooting Range Protection Act, and all kinds of public indecencies, except that nothing in this section shall be construed to apply to bingo, lotteries, lotteries by the sale of pickle cards, or raffles conducted in accordance with the Nebraska Bingo Act, the Nebraska Lottery and Raffle Act, the Nebraska Pickle Card Lottery Act, the Nebraska Small Lottery and Raffle Act, or the State Lottery Act.
Source
Laws 1901, c. 16, § 129, LVIII, p. 142;
R.S.1913, § 4468;
C.S.1922, § 3853;
C.S.1929, § 15-256;
R.S.1943, § 15-258;
Laws 1986, LB 1027, § 187;
Laws 1991, LB 849, § 60;
Laws 1993, LB 138, § 62;
Laws 2009, LB503, § 12;
Laws 2020, LB1003, § 69.
Cross References
Nebraska Bingo Act, see section 9-201.
Nebraska Lottery and Raffle Act, see section 9-401.
Nebraska Pickle Card Lottery Act, see section 9-301.
Nebraska Shooting Range Protection Act, see section 37-1301.
Nebraska Small Lottery and Raffle Act, see section 9-501.
State Lottery Act, see section 9-801.
Annotations
Ordinance prohibiting all business except of necessity on Sunday is not void as discriminatory. Liberman v. State, 26 Neb. 464, 42 N.W. 419 (1889).
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-259 - Jail facilities; establishment.

15-259.
Jail facilities; establishment.
A city of the primary class may erect, establish, and regulate houses of correction, jails, community residential centers, work release centers, halfway houses, and such other places of control or confinement as may be designated as a jail facility from time to time by the city, including station houses and other buildings necessary for keeping and confining prisoners, and may provide for the government and support of such facilities.
Source
Laws 1901, c. 16, § 129, LIX, p. 142;
R.S.1913, § 4469;
C.S.1922, § 3854;
C.S.1929, § 15-257;
R.S.1943, § 15-259;
Laws 1979, LB 315, § 1;
Laws 2020, LB1003, § 70.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-261 - Railroads; railroad crossings; buses; safety regulations; installation of safety devices.

15-261.
Railroads; railroad crossings; buses; safety regulations; installation of safety devices.
A city of the primary class may regulate railroad crossings, provide precautions, and prescribe rules for running railway engines or cars, and their speed, for prevention of accidents at crossings or on tracks or by fires from railway engines. A city of the primary class may regulate the running of buses and require heating and cleaning thereof. A city of the primary class may require reasonable lighting of railway crossings in such manner as the city council may prescribe. If the owner or operator fails to comply, the city may cause such requirement to be complied with and assess the expense of such requirements against such railway company to be collected as other taxes and to be a lien on the real estate belonging to such company, or may enforce compliance by action of mandamus. The city may enforce such regulations as are otherwise provided by law and may require railways to keep flagpersons at all railway street crossings where necessary to protect the public against injury to person or property, and require the installation, maintenance, and proper operation of gates, flashing signals, or other warning devices to ensure such safety. A city of the primary class may compel railways to conform tracks to grades at any time established, to keep tracks level with the street surface, and may compel railways to keep streets open, construct and keep in repair ditches, drains, sewers, and culverts along or under their right-of-way or tracks, and lay and maintain paving upon their whole right-of-way on paved streets.
Source
Laws 1901, c. 16, § 129, LXI, p. 142;
R.S.1913, § 4471;
C.S.1922, § 3856;
C.S.1929, § 15-259;
R.S.1943, § 15-261;
Laws 1961, c. 36, § 3, p. 162;
Laws 2020, LB1003, § 71.
Annotations
Selection and grading of streets by railway company for its track are subject to regulation and control of city. Omaha, L. & B. Ry. Co. v. City of Lincoln, 97 Neb. 122, 149 N.W. 319 (1914).
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-262 - Census; city may take.

15-262.
Census; city may take.
A city of the primary class may provide for and cause to be taken a census of the city.
Source
Laws 1901, c. 16, § 129, LXII, p. 143;
R.S.1913, § 4472;
C.S.1922, § 3857;
C.S.1929, § 15-260;
R.S.1943, § 15-262;
Laws 2020, LB1003, § 72.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-263 - General welfare; ordinances to insure; powers; enforcement; penalties; imposition.

15-263.
General welfare; ordinances to insure; powers; enforcement; penalties; imposition.
(1) A city of the primary class may make all such ordinances, bylaws, rules, and regulations not inconsistent with the general laws of the state as may be necessary or expedient, in addition to the special powers otherwise granted by law, (a) for maintaining the peace, good government, and welfare of the city, and its trade, commerce, and manufactories, (b) for preserving order and securing persons or property from violence, danger, and destruction, (c) for protecting public and private property, and (d) for promoting the public health, safety, convenience, comfort, morals, and general interests and welfare of the inhabitants of the city.
(2) A city of the primary class may enforce all such ordinances by providing for imprisonment of those convicted of violations and may impose forfeitures, fines, and penalties not exceeding five hundred dollars for any one offense, recoverable with costs, and, in the default of the payment thereof, provide for confinement in the city or county jail until the judgment and costs are paid.
Source
Laws 1901, c. 16, § 129, LXIII, p. 143;
R.S.1913, § 4473;
C.S.1922, § 3858;
C.S.1929, § 15-261;
R.S.1943, § 15-263;
Laws 1955, c. 27, § 1, p. 122;
Laws 1965, c. 44, § 2, p. 243;
Laws 2020, LB1003, § 73.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-264 - City; keeping prisoners; contract.

15-264.
City; keeping prisoners; contract.
Any city of the primary class shall have the right to contract with any other governmental subdivision or agency, whether local, state, or federal, for the keeping of prisoners, either in a facility of the city or in a facility of the other governmental subdivision or agency. Payment shall be made as provided in any such contract or agreement.
Source
Laws 1901, c. 16, § 124, p. 124;
R.S.1913, § 4474;
C.S.1922, § 3859;
C.S.1929, § 15-262;
R.S.1943, § 15-264;
Laws 1961, c. 35, § 2, p. 157;
Laws 1969, c. 67, § 1, p. 383;
Laws 2020, LB1003, § 74.
Annotations
The 1969 amendments of sections 15-264 and 47-306 did not affect sections 16-252 and 17-566. City of Grand Island v. County of Hall, 196 Neb. 282, 242 N.W.2d 858 (1976).
City is not liable to sheriff but is to county. Douglas County v. Coburn, 34 Neb. 351, 51 N.W. 965 (1892).
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-265 - Public grounds and highways; control.

15-265.
Public grounds and highways; control.
The mayor and city council of a city of the primary class shall have supervision and control of all public ways and public grounds within the city and shall require the same to be kept open, in repair, and free from nuisances.
Source
Laws 1901, c. 16, § 96, p. 105;
R.S.1913, § 4475;
C.S.1922, § 3860;
C.S.1929, § 15-263;
R.S.1943, § 15-265;
Laws 2020, LB1003, § 75.
Annotations
Performance of duty under this section is part of business of city of Lincoln within contemplation of compensation law. Sentor v. City of Lincoln, 124 Neb. 403, 246 N.W. 924 (1933).
Allowing and regulating entrances to basements through sidewalks is within discretion of city authorities. State ex rel. McNerney v. Armstrong, 97 Neb. 343, 149 N.W. 786 (1914).
City has general control of its streets and of the grades thereof. Omaha, L. & B. Ry. Co. v. City of Lincoln, 97 Neb. 122, 149 N.W. 319 (1914).
City must keep streets and sidewalks free of obstructions for entire width, and is not estopped by past failure to enforce. Chapman v. City of Lincoln, 84 Neb. 534, 121 N.W. 596 (1909).
Owners need not repair until notified. City of Lincoln v. Janesch, 63 Neb. 707, 89 N.W. 280 (1902).
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-266 - Streets; lights; telephone lines; regulation.

15-266.
Streets; lights; telephone lines; regulation.
The mayor and city council of a city of the primary class shall have power to regulate and provide for the lighting of streets, laying down gas, water, and other pipes, and the erection of lampposts, electric towers, or other apparatus. The mayor and city council may regulate the sale and use of gas and electric lights and fix and determine the price of gas, the charge of electric lights and power, and the rents of gas meters within the city, and regulate the inspection thereof. The mayor and city council may regulate telephone service and the use of telephones within the city, prohibit or regulate the erection of telephone or electric wire poles or other poles for whatsoever purpose desired or used in the public grounds, streets, or alleys, and the placing of wires thereon, require the removal from the public grounds, streets, or alleys of any or all such poles, and require the removal and placing under ground of any or all telephone or electric wires.
Source
Laws 1901, c. 16, § 129, XIII, p. 130;
R.S.1913, § 4476;
C.S.1922, § 3861;
C.S.1929, § 15-264;
R.S.1943, § 15-266;
Laws 2020, LB1003, § 76.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-268 - Weeds; destruction and removal; procedure; special assessment.

15-268.
Weeds; destruction and removal; procedure; special assessment.
A city of the primary class may provide for the destruction and removal of weeds and worthless vegetation growing upon any lot, lots, or lands within the corporate limits of such city or within its extraterritorial zoning jurisdiction or upon the streets and alleys abutting upon any lot, lots, or lands, and such city may require the owner or owners of such lot, lots, or lands to destroy and remove such weeds and worthless vegetation therefrom and from the streets and alleys abutting thereon. If, after five days' notice by publication, by certified United States mail, or by the conspicuous posting of the notice on the lot or land upon which the nuisance exists, the owner or owners fail, neglect, or refuse to destroy or remove the nuisance, the city, through its proper officers, shall destroy and remove the nuisance, or cause the nuisance to be destroyed or removed, from the lot, lots, or lands and streets and alleys abutting thereon and shall assess the cost thereof against such lot, lots, or lands as a special assessment.
Source
Laws 1915, c. 215, § 1, p. 484;
C.S.1922, § 3863;
C.S.1929, § 15-266;
R.S.1943, § 15-268;
Laws 1988, LB 973, § 1;
Laws 2009, LB495, § 2;
Laws 2015, LB266, § 4;
Laws 2015, LB361, § 13;
Laws 2020, LB1003, § 77.
Annotations
This section provides local governing bodies with adequate limitations and standards for carrying out the statute's duties. Thus, the statute does not violate constitutional standards regarding delegations of legislative powers. Howard v. City of Lincoln, 243 Neb. 5, 497 N.W.2d 53 (1993).
It is the duty of city to destroy weeds if owner does not. Greenwood v. City of Lincoln, 156 Neb. 142, 55 N.W.2d 343 (1952).
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-268.01 - Garbage or refuse; constituting a nuisance; collection and removal; notice.

15-268.01.
Garbage or refuse; constituting a nuisance; collection and removal; notice.
(1) Any city of the primary class may provide for the collection and removal of garbage or refuse found upon any lot, lots, or land within the corporate limits of such city or within the extraterritorial zoning jurisdiction of the city, or upon the streets, roads, or alleys abutting such lot, lots, or land, which constitutes a public nuisance. The city may require the owner, owners, duly authorized agent, or tenant of such lot, lots, or land to remove the garbage or refuse therefrom and from the streets, roads, or alleys abutting thereon.
(2) Notice that removal of garbage or refuse is necessary shall be given to (a)(i) the owner or owners, or (ii) the duly authorized agent, and (b) the tenant. Such notice shall be provided by personal service or by certified mail. After providing such notice, the city through its proper offices shall, in addition to other proper remedies, remove the garbage or refuse, or cause it to be removed, from such lot, lots, or land, and streets, roads, or alleys abutting thereon.
(3) If the mayor of such city shall declare that the accumulation of such garbage or refuse upon any lot, lots, or land constitutes an immediate nuisance and hazard to public health and safety, the city shall remove the garbage or refuse from such lot, lots, or land twenty-four hours after notice by personal service in accordance with subsection (2) of this section if such garbage or refuse has not been removed.
Source
Laws 1977, LB 74, § 1;
Laws 2020, LB1003, § 78.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-268.02 - Garbage or refuse; nuisance; removal by city; assess cost.

15-268.02.
Garbage or refuse; nuisance; removal by city; assess cost.
Whenever any city of the primary class removes any garbage or refuse from any lot, lots, or land pursuant to section 15-268.01, it shall, after a hearing before and conducted by the city council, assess the cost of the removal against such lot, lots, or land.
Source
Laws 1977, LB 74, § 2.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-269 - Offstreet parking; legislative findings; necessity.

15-269.
Offstreet parking; legislative findings; necessity.
The Legislature finds and declares that the great increase in the number of motor vehicles, including buses and trucks, has created hazards to life and property in cities of the primary class in Nebraska. In order to remove or reduce the hazards to life and property and the inconvenience of congested traffic on the streets in such cities in this state, it is deemed necessary and of general benefit to the entire State of Nebraska to provide means for such cities in Nebraska to own offstreet parking facilities for the parking of motor vehicles.
Source
Laws 1967, c. 51, § 1, p. 185;
Laws 2020, LB1003, § 79.
Cross References
For other provisions on offstreet parking, see section 19-3301 et seq.
2023 Nebraska Revised Statutes › Chapter 15 - Cities of the Primary Class › 15-270 - Offstreet parking; own, purchase, construct, equip, lease, or operate; right of eminent domain.

15-270.
Offstreet parking; own, purchase, construct, equip, lease, or operate; right of eminent domain.
Any city of the primary class in Nebraska may own, purchase, construct, equip, lease, or operate within such city offstreet motor vehicle parking facilities for the use of the general public. Any such city shall have the authority to acquire by grant, contract, purchase, or through the condemnation of property, as provided in sections 76-704 to 76-724, all real or personal property, including a site or sites on which to construct such facilities, necessary or convenient in the carrying out of this grant of power.
Source
Laws 1967, c. 51, § 2, p. 185;
Laws 2020, LB1003, § 80.