reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-546 - Waterworks; additional tax; provision cumulative.

17-546.
Waterworks; additional tax; provision cumulative.
The right and power to provide the fund mentioned in section 17-545 for purposes of paying the expense of maintaining a system of hydrants shall in no way prevent cities of the second class and villages from providing in whole or in part for the expense of such hydrants, and of pumping and supplying through them water for public purposes, in any other manner provided by law.
Source
Laws 1915, c. 217, § 2, p. 486;
C.S.1922, § 4295;
C.S.1929, § 17-444;
R.S.1943, § 17-546;
Laws 2017, LB133, § 171.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-547 - Animals running at large; regulation.

17-547.
Animals running at large; regulation.
Cities of the second class and villages shall have power to regulate the running at large of cattle, hogs, horses, mules, sheep, goats, dogs, and other animals and to cause such animals as may be running at large to be impounded and sold to discharge the cost and penalties provided for the violation of such regulations and the expense of impounding and keeping such animals and of such sales.
Source
Laws 1879, § 69, XVI, p. 214;
Laws 1881, c. 23, § 8, XVI, p. 182;
Laws 1885, c. 20, § 1, XVI, p. 173;
Laws 1887, c. 12, § 1, XVI, p. 301;
R.S.1913, § 5121;
C.S.1922, § 4296;
C.S.1929, § 17-445;
R.S.1943, § 17-547;
Laws 2017, LB133, § 172.
Annotations
Where a village ordinance provides for impounding of animals running at large and fixes a certain fee which must be paid before the animal will be released, no lien is created for fee or charges permitted not specified in ordinance. Martin v. Foltz, 54 Neb. 162, 74 N.W. 418 (1898).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-548 - Pounds; establishment.

17-548.
Pounds; establishment.
Cities of the second class and villages shall have power to provide for the erection of all needful pens and pounds within or without their corporate limits, to appoint and compensate keepers of such pens and pounds, and to establish and enforce rules governing such pens and pounds.
Source
Laws 1879, § 69, XVII, p. 214;
Laws 1881, c. 23, § 8, XVII, p. 182;
Laws 1885, c. 20, § 1, XVII, p. 173;
Laws 1887, c. 12, § 1, XVII, p. 301;
R.S.1913, § 5122;
C.S.1922, § 4297;
C.S.1929, § 17-446;
R.S.1943, § 17-548;
Laws 2017, LB133, § 173.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-549 - Fire prevention; regulations.

17-549.
Fire prevention; regulations.
Cities of the second class and villages shall have power to regulate the construction of and order the suppression and cleaning of fireplaces, chimneys, stoves, stovepipes, ovens, boilers, kettles, forges, or any apparatus used in any building, business, or enterprise which may be dangerous in causing or promoting fires and to prescribe the limits within which no dangerous or obnoxious and offensive business or enterprise may be conducted.
Source
Laws 1879, § 69, XVIII, p. 214;
Laws 1881, c. 23, § 8, XVIII, p. 182;
Laws 1885, c. 20, § 1, XVIII, p. 173;
Laws 1887, c. 12, § 1, XVIII, p. 301;
R.S.1913, § 5123;
C.S.1922, § 4298;
C.S.1929, § 17-447;
R.S.1943, § 17-549;
Laws 2017, LB133, § 174.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-550 - Buildings; construction; regulation.

17-550.
Buildings; construction; regulation.
Cities of the second class and villages shall have power to prescribe and alter limits within which no buildings shall be constructed except of brick, stone, or other incombustible material, with fireproof roof. After such limits are established, no special permits shall be given for the erection of buildings of combustible material within such limits.
Source
Laws 1879, § 69, XIX, p. 214;
Laws 1881, c. 23, § 8, XIX, p. 182;
Laws 1885, c. 20, § 1, XIX, p. 173;
Laws 1887, c. 12, § 1, XIX, p. 301;
R.S.1913, § 5124;
C.S.1922, § 4299;
C.S.1929, § 17-448;
R.S.1943, § 17-550;
Laws 2017, LB133, § 175.
Annotations
Injunction will issue against erection of buildings in violation of ordinance, if party shows that their erection will work special injury to him. Bangs v. Dworak, 75 Neb. 714, 106 N.W. 780 (1906).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-551 - Railways; depots; regulation.

17-551.
Railways; depots; regulation.
Cities of the second class and villages shall have power to regulate levees, depots, depot grounds, and places for storing freight and goods and to provide for and regulate the passage of railways through streets and public grounds of the city or village.
Source
Laws 1879, § 69, XX, p. 215;
Laws 1881, c. 23, § 8, XX, p. 182;
Laws 1885, c. 20, § 1, XX, p. 173;
Laws 1887, c. 12, § 1, XX, p. 302;
R.S.1913, § 5125;
C.S.1922, § 4300;
C.S.1929, § 17-449;
R.S.1943, § 17-551;
Laws 2017, LB133, § 176.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-552 - Railways; crossings; safety regulations.

17-552.
Railways; crossings; safety regulations.
Cities of the second class and villages shall have power to regulate the crossing of railway tracks and the running of railway engines, cars, or trucks within the corporate limits of such city or village and to govern the speed of such engines, cars, or trucks, and to make any other and further provisions, rules, and restrictions to prevent accidents at crossings and on the tracks of railways.
Source
Laws 1879, § 69, XXI, p. 215;
Laws 1881, c. 23, § 8, XXI, p. 183;
Laws 1885, c. 20, § 1, XXI, p. 174;
Laws 1887, c. 12, § 1, XXI, p. 302;
R.S.1913, § 5126;
C.S.1922, § 4301;
C.S.1929, § 17-450;
R.S.1943, § 17-552;
Laws 2017, LB133, § 177.
Annotations
An ordinance limiting the speed of trains, even though they carry United States mail, within the city limits to ten miles per hour is not void as imposing an unreasonable restraint on interstate commerce. Peterson v. State of Nebraska, 79 Neb. 132, 112 N.W. 306 (1907).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-554 - Fuel and feed; inspection and weighing.

17-554.
Fuel and feed; inspection and weighing.
Cities of the second class and villages shall have power to (1) provide for the inspection and weighing of hay, grain, and coal, and the measuring of wood and fuel to be used in the city or village, (2) regulate and prescribe the place or places for sale of hay, coal, and wood, and (3) fix the fees and duties of persons authorized to perform inspections under this section.
Source
Laws 1879, § 69, XXIII, p. 215;
Laws 1881, c. 23, § 8, XXIII, p. 183;
Laws 1885, c. 20, § 1, XXIII, p. 174;
Laws 1887, c. 12, § 1, XXIII, p. 302;
R.S.1913, § 5128;
C.S.1922, § 4303;
C.S.1929, § 17-452;
R.S.1943, § 17-554;
Laws 2017, LB133, § 178.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-556 - Public safety; firearms; explosives; riots; regulation.

17-556.
Public safety; firearms; explosives; riots; regulation.
Cities of the second class and villages shall have the power to (1) prevent and restrain riots, routs, noises, disturbances, or disorderly assemblages, (2) regulate, prevent, restrain, or remove nuisances and to designate what shall be considered a nuisance, (3) regulate, punish, and prevent the discharge of firearms, rockets, powder, fireworks, or any other dangerous combustible material in the streets, lots, grounds, alleys, or about or in the vicinity of any buildings, and (4) arrest, regulate, punish, or fine all vagrants.
Source
Laws 1879, § 69, XXV, p. 216;
Laws 1881, c. 23, § 8, XXV, p. 184;
Laws 1885, c. 20, § 1, XXV, p. 175;
Laws 1887, c. 12, § 1, XXV, p. 303;
R.S.1913, § 5130;
C.S.1922, § 4305;
C.S.1929, § 17-454;
R.S.1943, § 17-556;
Laws 2009, LB430, § 4;
Laws 2017, LB133, § 180;
Laws 2023, LB77, § 5.
Effective Date: September 2, 2023
Annotations
Cited but not discussed. City of Syracuse v. Farmers Elevator, Inc., 182 Neb. 783, 157 N.W.2d 394 (1968).
Power to "designate" what may be a public nuisance does not give a municipality the right to prohibit house-to-house solicitation of sales of merchandise. Jewel Tea Company v. City of Geneva, 137 Neb. 768, 291 N.W. 664 (1940).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-557 - Streets; safety regulations; removal of snow, ice, and other encroachments.

17-557.
Streets; safety regulations; removal of snow, ice, and other encroachments.
Cities of the second class and villages shall have power to (1) prevent and remove all encroachments, including snow, ice, mud, or other obstructions, into and upon all sidewalks, streets, avenues, alleys, and other city or village property, (2) punish and prevent all horseracing, fast driving, or riding in the streets, highways, alleys, bridges, or places in the city or village, (3) regulate all games, practices, or amusements within the city or village likely to result in damage to any person or property, and (4) regulate and prevent the riding, driving, or passing of horses, mules, cattle, or other animals over, upon, or across sidewalks or along any street of the city or village.
Source
Laws 1879, § 69, XXVI, p. 216;
Laws 1881, c. 23, § 8, XXVI, p. 184;
Laws 1885, c. 20, § 1, XXVI, p. 175;
Laws 1887, c. 12, § 1, XXVI, p. 303;
R.S.1913, § 5131;
C.S.1922, § 4306;
C.S.1929, § 17-455;
R.S.1943, § 17-557;
Laws 1947, c. 37, § 1, p. 148;
Laws 2017, LB133, § 181.
Annotations
Municipality may be liable for injuries caused pedestrian by reason of the failure to remove rubbish mixed with ice and snow that has been allowed to accumulate in gutter on street. Pinches v. Village of Dickens, 127 Neb. 239, 254 N.W. 877 (1934).
City of second class has authority by ordinance to regulate use of sidewalks and streets and to remove obstructions therefrom, but such body cannot act arbitrarily and deny one citizen privileges which it grants to others. City of Pierce v. Schramm, 116 Neb. 263, 216 N.W. 809 (1927).
Village is required to exercise due care in keeping its streets free from defects, obstructions, or physical conditions immediately connected therewith. Chaney v. Village of Riverton, 104 Neb. 189, 177 N.W. 845 (1920).
Where the city has permitted a sidewalk to be maintained, it is liable for the defects in such walk and such duty is not affected by the fact that under its ordinance a narrower walk might have been erected. City of Chadron v. Glover, 43 Neb. 732, 62 N.W. 62 (1895); Kinney v. City of Tekamah, 30 Neb. 605, 46 N.W. 835 (1890); Foxworthy v. City of Hastings, 25 Neb. 133, 41 N.W. 132 (1888).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-557.01 - Sidewalks; removal of encroachments; cost of removal; special assessments; interest.

17-557.01.
Sidewalks; removal of encroachments; cost of removal; special assessments; interest.
If the abutting property owner refuses or neglects, after five days' notice by publication or, in place thereof, personal service of such notice, to remove all encroachments from sidewalks, as provided in section 17-557, the city of the second class or village through the proper officers may cause such encroachments to be removed and the cost of removal shall be paid out of the street fund. The city council or village board of trustees shall assess the cost of the notice and removal of the encroachment against such abutting property as a special assessment. Such special assessment shall be known as a special sidewalk assessment and, together with the cost of notice, shall be levied and collected as a special assessment in addition to the general revenue taxes and shall be subject to the same penalties as other special assessments and shall draw interest from the date of the assessment. Upon payment of the assessment, the assessment shall be credited to the street fund.
Source
Laws 1947, c. 37, § 2, p. 149;
Laws 1969, c. 51, § 48, p. 302;
Laws 2015, LB361, § 34;
Laws 2017, LB133, § 183.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-560 - Borrowing power; pledges.

17-560.
Borrowing power; pledges.
Cities of the second class and villages shall have power to borrow money on the credit of the city, and pledge the credit, revenue, and public property of the city for the payment of debts, when authorized in the manner provided by law.
Source
Laws 1879, § 69, XXIX, p. 217;
Laws 1881, c. 23, XXIX, p. 185;
Laws 1885, c. 20, § 1, XXIX, p. 176;
Laws 1887, c. 12, § 1, XXIX, p. 305;
R.S.1913, § 5134;
C.S.1922, § 4309;
C.S.1929, § 17-458;
R.S.1943, § 17-560;
Laws 2017, LB133, § 185.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-561 - Railway tracks; lighting, city may require; cost; assessment.

17-561.
Railway tracks; lighting, city may require; cost; assessment.
Cities of the second class and villages shall have the power to require the lighting of the railroad track of any railway within the city or village in such manner as prescribed by ordinance. If any company owning or operating such railway fails to comply with such requirements, the city council or village board of trustees may cause such lighting to be done and may assess the expense of such lighting against such company. Such assessment shall constitute a lien upon any real estate belonging to such company and lying within such city or village and may be collected in the same manner as taxes for general purposes.
Source
Laws 1911, c. 19, § 1, p. 136;
R.S.1913, § 5135;
C.S.1922, § 4310;
C.S.1929, § 17-501;
R.S.1943, § 17-561;
Laws 2017, LB133, § 186.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-564 - Fines; actions to recover.

17-564.
Fines; actions to recover.
Fines for violation of an ordinance of a city of the second class or village may, in addition to any other mode provided, be recovered by suit or action before a court of competent jurisdiction, in the name of the state. In any such suit or action, where pleading is necessary, it shall be sufficient to declare generally for the amount claimed to be due in respect to the violation of the ordinance, referring to its title and the date of its adoption or passage, and showing as nearly as may be the facts of the alleged violation.
Source
Laws 1879, § 72, p. 220;
R.S.1913, § 5138;
C.S.1922, § 4313;
C.S.1929, § 17-504;
R.S.1943, § 17-564;
Laws 1972, LB 1032, § 108;
Laws 2017, LB133, § 188.
Annotations
Police judge is authorized to collect fines by execution, or such fines may be recovered by suit. Cleaver v. Jenkins, 84 Neb. 565, 121 N.W. 992 (1909).
A prosecution for a violation of city ordinance, which act does not violate the criminal laws of state, is a civil action to recover a penalty, and is not a debt within the meaning of the constitutional provision prohibiting imprisonment for debt. Peterson v. State, 79 Neb. 132, 112 N.W. 306 (1907).
Although justice of the peace, city attorney, and chief of police acted in excess of jurisdiction in arresting plaintiff and in attaching and selling his hogs for payment of fine and costs, they were immune from civil rights action. Duba v. McIntyre, 501 F.2d 590 (8th Cir. 1974).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-565 - Fines; action to recover; limitation.

17-565.
Fines; action to recover; limitation.
All suits for the recovery of any fine, and prosecutions for the commission of any offense made punishable by ordinance of a city of the second class or village, shall be barred in one year after the commission of the offense for which the fine is sought to be recovered, or the prosecution is commenced.
Source
Laws 1879, § 74, p. 220;
R.S.1913, § 5139;
C.S.1922, § 4314;
C.S.1929, § 17-505;
R.S.1943, § 17-565;
Laws 2017, LB133, § 189.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-566 - County jail; use by city; compensation.

17-566.
County jail; use by city; compensation.
Any city of the second class or village shall have the right to use the county jail in the county in which the city or village is located for the confinement of such persons as may be imprisoned under the ordinances of such city or village. The city or village shall be liable to the county for the cost of keeping such prisoners as provided by section 47-120.
Source
Laws 1879, § 73, p. 220;
R.S.1913, § 5140;
C.S.1922, § 4315;
C.S.1929, § 17-506;
Laws 1937, c. 85, § 2, p. 283;
C.S.Supp.,1941, § 17-506;
R.S.1943, § 17-566;
Laws 1961, c. 47, § 2, p. 184;
Laws 1989, LB 4, § 2;
Laws 2017, LB133, § 190.
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).
Power of municipality to build a jail is necessarily implied and incident to the expressed power to enforce and collect fines, and such jail, properly constructed and suitably situated, is not per se a nuisance. Dunkin v. Blust, 83 Neb. 80, 119 N.W. 8 (1908).
City is not liable to the sheriff but to the county for cost of keeping its prisoners, and the county is liable to the sheriff therefor. County of Douglas v. Coburn, 34 Neb. 351, 51 N.W. 965 (1892).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-568 - Employment of special engineer.

17-568.
Employment of special engineer.
The mayor and city council of a city of the second class or village board of trustees may employ a special engineer to make, or assist in making, any estimate necessary or to perform any other duty provided for in section 17-568.01. Any work executed by such special engineer shall have the same validity and serve in all respects as though executed by the city engineer or village engineer.
Source
Laws 1879, § 20, p. 197;
R.S.1913, § 5011;
Laws 1921, c. 183, § 1, p. 695;
C.S.1922, § 4180;
Laws 1925, c. 51, § 1, p. 202;
C.S.1929, § 17-119;
Laws 1943, c. 25, § 1, p. 118;
R.S.1943, § 17-568;
Laws 1949, c. 25, § 1(1), p. 98;
Laws 1951, c. 33, § 1, p. 133;
Laws 1983, LB 304, § 3;
Laws 2017, LB133, § 192.
Annotations
1. Estimate of expenditures
2. Miscellaneous
1. Estimate of expenditures
Estimate of proposed improvement and advertisement for bids are jurisdictional requirements. Musser v. Village of Rushville, 122 Neb. 128, 239 N.W. 642 (1931).
Where engineer submits an estimate stating "cost not to exceed $16,500.00", the failure of engineer to state a definite amount was at most an irregularity, and such estimate served the statutory purpose. Carr v. Fenstermacher, 119 Neb. 172, 228 N.W. 114 (1929).
The failure to state amount of estimate in published notice for bids will not vitiate the whole proceeding in a collateral attack. Wookey v. City of Alma, 118 Neb. 158, 223 N.W. 953 (1929).
Where municipality has no city engineer to make estimates, a city may secure such necessary services of a competent engineer. Howe v. City of Auburn, 110 Neb. 184, 193 N.W. 352 (1923); Schreifer v. City of Auburn, 110 Neb. 179, 193 N.W. 350 (1923); Diederich v. City of Red Cloud, 103 Neb. 688, 173 N.W. 698 (1919).
Estimate may be upon the unit plan, and may be based on the existing freight rates on material to be used with the provision that if such rates be advanced or lowered, the estimate should be correspondingly increased or lowered. State ex rel. City of McCook v. Marsh, 107 Neb. 637, 187 N.W. 84 (1922).
The provision that the estimate shall be published with the advertisement for bids and no contract shall be let for a price exceeding such estimate cannot be evaded by raising the estimate after the bids have been opened. Murphy v. City of Plattsmouth, 78 Neb. 163, 110 N.W. 749 (1907).
The power to bind a city by contract depends among other things upon an estimate having been first made and submitted to the council by the city engineer which provision is mandatory. City of Plattsmouth v. Murphy, 74 Neb. 749, 105 N.W. 293 (1905).
2. Miscellaneous
A city may ratify an irregular contract made with a special engineer, if the city had the power to contract in first instance. Morearty v. City of McCook, 117 Neb. 113, 219 N.W. 839 (1928).
This section does not apply to construction of temporary sidewalks on ungraded and unimproved streets. Whitla v. Connor, 114 Neb. 526, 208 N.W. 670 (1926).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-568.02 - Municipal bidding procedure; waiver; when.

17-568.02.
Municipal bidding procedure; waiver; when.
Any municipal bidding procedure may be waived by the city council, village board of trustees, or board of public works (1) when materials or equipment are purchased at the same price and from the same seller as materials or equipment which have formerly been obtained pursuant to the state bidding procedure in sections 81-145 to 81-162, (2) when the contract is negotiated directly with a sheltered workshop pursuant to section 48-1503, or (3) when required to comply with any federal grant, loan, or program.
Source
Laws 1997, LB 238, § 4;
Laws 2011, LB335, § 4;
Laws 2017, LB133, § 194.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-569 - Abandoned real estate; sale; ordinance.

17-569.
Abandoned real estate; sale; ordinance.
Before any sale of abandoned real estate is made by a city of the second class or village, the city council or village board of trustees shall by ordinance set forth the date of the purchase, gift, or condemnation, a description of the property, the purpose for which such real estate was acquired, the abandonment of the same, and that a sale is deemed expedient; shall fix the time, place, terms, and manner of sale; and shall reserve the right to reject any and all bids.
Source
Laws 1911, c. 17, § 2, p. 134;
R.S.1913, § 5178;
C.S.1922, § 4365;
C.S.1929, § 17-563;
R.S.1943, § 17-569;
Laws 2017, LB133, § 195.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-570 - Abandoned real estate; sale; notice.

17-570.
Abandoned real estate; sale; notice.
No sale under section 17-569 shall be had until at least thirty days' notice shall have been given by publication in a legal newspaper in or of general circulation in the city or village.
Source
Laws 1911, c. 17, § 3, p. 134;
R.S.1913, § 5179;
C.S.1922, § 4366;
C.S.1929, § 17-564;
R.S.1943, § 17-570;
Laws 2017, LB133, § 196.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-571 - Abandoned real estate; sale; sealed bids; deed.

17-571.
Abandoned real estate; sale; sealed bids; deed.
Any sale under section 17-569 shall be by sealed bids; and upon approval of the sale by a two-thirds vote of the city council or village board of trustees, the mayor or chairperson of the village board of trustees shall, in the name of the city or village, execute and deliver a deed to the purchaser, which deed shall be attested by the city clerk or village clerk bearing the seal of the city or village.
Source
Laws 1911, c. 17, § 4, p. 134;
R.S.1913, § 5180;
C.S.1922, § 4367;
C.S.1929, § 17-565;
R.S.1943, § 17-571;
Laws 2017, LB133, § 197.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-572 - Loans to students; conditions.

17-572.
Loans to students; conditions.
Cities of the second class and villages may contract with a person including such person's parent or guardian if such person is a minor to loan money to such person while such person pursues a course of study at an accredited college or university leading to a degree of Doctor of Medicine or Doctor of Dental Surgery in consideration for such person's promise to practice medicine or dentistry in such city or village and repay such city or village for such money loaned during such person's study after such person shall have become established in his or her practice, and upon such other terms and conditions as the city council or village board of trustees may determine are warranted in the premises. If such person shall discontinue his or her course of study before attaining such degree or fail to practice in such city or village after attaining such degree and a license to practice medicine or dentistry, such city or village may pursue any remedy it may have against such person or his or her parent or guardian as in any other commercial transaction.
Source
Laws 1971, LB 497, § 1;
Laws 2017, LB133, § 198.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-573 - Litter; removal; notice; action by city or village.

17-573.
Litter; removal; notice; action by city or village.
Each city of the second class and village may, by ordinance, prohibit and control the throwing, depositing, or accumulation of litter on any lot or piece of ground within the city or village or within its extraterritorial zoning jurisdiction and require the removal of such litter so as to abate any nuisance. If the owner fails to remove such litter, after five days' notice by publication and by certified mail, the city or village shall remove the litter or cause it to be removed and shall assess the cost of removal against the property so benefited as provided by ordinance.
Source
Laws 1975, LB 117, § 2;
Laws 2015, LB266, § 9;
R.S.Supp.,2016, § 17-123.01;
Laws 2017, LB133, § 309.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-574 - Sewerage and drainage; districts; regulation.

17-574.
Sewerage and drainage; districts; regulation.
The mayor and city council of any city of the second class, or the board of trustees of any village, are hereby authorized to lay off such city or village and the territory within the extraterritorial zoning jurisdiction of such city or village into suitable districts for the purpose of establishing a system of sewerage and drainage. Such city or village may (1) provide such system; (2) regulate the construction, repairs, and use of sewers and drains and of all proper house connections and branches; (3) compel all proper connections therewith and branches from other streets, avenues, and alleys, and from private property; and (4) provide penalties for any obstruction of or injury to any sewer or part of such sewer or failure to make connections with such system.
Source
Laws 1903, c. 22, § 1, p. 254;
R.S.1913, § 5043;
C.S.1922, § 4212;
C.S.1929, § 17-151;
R.S.1943, § 17-149;
Laws 1949, c. 22, § 1(1), p. 94;
Laws 1979, LB 136, § 2;
R.S.1943, (2012), § 17-149;
Laws 2017, LB133, § 310.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-575 - Sewerage and drainage; failure of property owner to connect; notice; cost; special assessment; collection.

17-575.
Sewerage and drainage; failure of property owner to connect; notice; cost; special assessment; collection.
If any property owner neglects or fails within a period of ten days after notice has been given to him or her by certified or registered mail or by publication in a legal newspaper published in or of general circulation in a city of the second class or village to make connection with the sewerage system as provided in section 17-574, the governing body of such city or village may cause the connection to be done, assess the cost of such connection against the property as a special assessment, and collect the special assessment in the manner provided for collection of other special assessments.
Source
Laws 1949, c. 22, § 1(2), p. 94;
Laws 1987, LB 93, § 4;
Laws 2015, LB361, § 28;
R.S.Supp.,2016, § 17-149.01;
Laws 2017, LB133, § 311.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-601.01 - Caucus; when held; notice.

17-601.01.
Caucus; when held; notice.
In any village the board of trustees may, by ordinance, call a caucus for the purpose of nomination of candidates for offices to be filled in the village election. Such caucus shall be held at least ten days before the filing deadline for such election, and the village board of trustees shall publish notice of such caucus in at least one legal newspaper in or of general circulation in the village at least once each week for two consecutive weeks before such caucus.
Source
Laws 1971, LB 432, § 1;
Laws 1972, LB 1047, § 2;
Laws 1993, LB 348, § 2;
Laws 2017, LB133, § 199.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-601.02 - Caucus; notice to village clerk; contents.

17-601.02.
Caucus; notice to village clerk; contents.
The chairperson of the caucus at which candidates are nominated under section 17-601.01 shall notify the village clerk in writing of the candidates so nominated, not later than two days following the caucus. The village clerk shall then notify the persons so nominated of their nomination, such notification to take place not later than five days after such caucus. No candidate so nominated shall have his or her name placed upon the ballot unless, not more than ten days after the holding of such caucus, he or she files with the village clerk a written statement accepting the nomination of the caucus and pays the filing fee, if any, for the office for which he or she was nominated.
Source
Laws 1971, LB 432, § 2;
Laws 1993, LB 348, § 3;
Laws 2017, LB133, § 200.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-601.03 - Caucus; additional filings.

17-601.03.
Caucus; additional filings.
The provisions of sections 17-601.01 to 17-601.03 shall not preclude in any manner any person from filing for the offices to which such sections are applicable, either by direct filing or by petition.
Source
Laws 1971, LB 432, § 3.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-602 - Registered voters; qualifications.

17-602.
Registered voters; qualifications.
All registered voters residing within the corporate limits of any city of the second class or village on or before election day shall be entitled to vote at all city and village elections.
Source
Laws 1879, § 61, p. 208;
R.S.1913, § 5144;
C.S.1922, § 4319;
C.S.1929, § 17-510;
R.S.1943, § 17-602;
Laws 1963, c. 74, § 1, p. 277;
Laws 1973, LB 559, § 8;
Laws 1994, LB 76, § 497;
Laws 2017, LB133, § 201.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-603 - Officers; canvass; certificates of election; failure to qualify, effect.

17-603.
Officers; canvass; certificates of election; failure to qualify, effect.
At a meeting of the city council of a city of the second class, or the village board of trustees, on the first Monday after any city or village election, the returns, including returns for the election of members of the school board, shall be canvassed, and the city council or village board of trustees shall cause the city clerk or village clerk to make out and deliver certificates of election, under the seal of the city or village, to the persons found to be elected. A neglect of any such elected officer to qualify within ten days after the delivery of such certificate shall be deemed a refusal to accept the office to which he or she may have been elected.
Source
Laws 1879, § 62, p. 208;
R.S.1913, § 5145;
C.S.1922, § 4320;
C.S.1929, § 17-511;
R.S.1943, § 17-603;
Laws 1951, c. 35, § 1, p. 136;
Laws 1959, c. 60, § 56, p. 273;
Laws 1994, LB 76, § 498;
Laws 2017, LB133, § 202.
Annotations
Mandamus will compel canvassing board to declare the result of the election and issue certificate to successful parties. Moore v. Keck, 86 Neb. 694, 126 N.W. 388 (1910); Hotchkiss v. Keck, 86 Neb. 322, 125 N.W. 509 (1910).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-604 - Officers; powers, duties, and compensation; regulate by ordinance; bond or insurance; premium.

17-604.
Officers; powers, duties, and compensation; regulate by ordinance; bond or insurance; premium.
A city of the second class or village may enact ordinances or bylaws to regulate and prescribe the powers, duties, and compensation of officers and to require from all officers, elected or appointed, bonds and security or evidence of equivalent insurance for the faithful performance of their duties. The city or village may pay the premium for such bonds or insurance coverage.
Source
Laws 1879, § 69, XIII, p. 214;
Laws 1881, c. 23, § 8, XIII, p. 176;
Laws 1885, c. 20, § 1, XIII, p. 166;
Laws 1887, c. 12, § 1, XIII, p. 295;
R.S.1913, § 5146;
C.S.1922, § 4321;
C.S.1929, § 17-512;
R.S.1943, § 17-604;
Laws 1965, c. 68, § 1, p. 288;
Laws 2007, LB347, § 12;
Laws 2017, LB133, § 203.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-605 - City clerk or village clerk; duties.

17-605.
City clerk or village clerk; duties.
The city clerk or village clerk shall have the custody of all laws and ordinances and shall keep a correct journal of the proceedings of the city council of a city of the second class or village board of trustees. After the period of time specified by the State Records Administrator pursuant to the Records Management Act, the city clerk or village clerk may transfer such journal of the proceedings of the city council or village board of trustees to the State Archives of the Nebraska State Historical Society for permanent preservation. He or she shall also perform such other duties as may be required by the ordinances of the city or village. If the city clerk or village clerk is acting as the city treasurer or village treasurer, he or she shall also comply with the requirements of subsection (3) of section 17-606.
Source
Laws 1879, § 63, p. 208;
R.S.1913, § 5147;
C.S.1922, § 4322;
C.S.1929, § 17-513;
R.S.1943, § 17-605;
Laws 1973, LB 224, § 5;
Laws 2013, LB112, § 3;
Laws 2017, LB133, § 204;
Laws 2020, LB781, § 4.
Cross References
Records Management Act, see section 84-1220.
Annotations
City has power to appropriate money for an audit of the accounts of the clerk. Campbell Co. v. City of Harvard, 123 Neb. 539, 243 N.W. 653 (1932).
This section does not specifically require the recording of reading of city ordinances. Hull v. City of Humboldt, 107 Neb. 326, 186 N.W. 78 (1921).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-608 - Treasurer; surplus funds; investments authorized; interest.

17-608.
Treasurer; surplus funds; investments authorized; interest.
When the treasurer of any city of the second class or village holds funds of any such city or village in excess of the amount required for maintenance or set aside for betterments and improvements, the mayor and city council or the village board of trustees may, by resolution, direct and authorize the treasurer to invest such surplus funds in the outstanding bonds or registered warrants of such city or village, in bonds and debentures issued either singly or collectively by any of the twelve federal land banks, the twelve intermediate credit banks, or the thirteen banks for cooperatives under the supervision of the Farm Credit Administration, or in interest-bearing bonds or the obligations of the United States. The interest on such bonds or warrants shall be credited to the fund out of which such bonds or warrants were purchased.
Source
Laws 1927, c. 38, § 1, p. 169;
Laws 1929, c. 45, § 1, p. 193;
C.S.1929, § 17-515;
Laws 1931, c. 33, § 1, p. 125;
Laws 1935, c. 140, § 2, p. 516;
Laws 1937, c. 31, § 1, p. 155;
C.S.Supp.,1941, § 17-515;
Laws 1943, c. 27, § 2(2), p. 122;
R.S.1943, § 17-608;
Laws 1959, c. 263, § 6, p. 927;
Laws 2017, LB133, § 207.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-609 - Treasurer; utility funds; retirement of bonds or warrants.

17-609.
Treasurer; utility funds; retirement of bonds or warrants.
The mayor and city council of a city of the second class or village board of trustees may, by resolution, direct and authorize the city treasurer or village treasurer to dispose of the surplus electric light, water, or gas funds, or the funds arising from the sale of electric light, water, or natural gas distribution properties, by the payment of outstanding electric light, water, or gas distribution bonds or water warrants then due. The excess, if any, after such payments may be transferred to the general fund of such city or village.
Source
Laws 1929, c. 45, § 1, p. 194;
C.S.1929, § 17-515;
Laws 1931, c. 33, § 1, p. 125;
Laws 1935, c. 140, § 2, p. 516;
Laws 1937, c. 31, § 1, p. 156;
C.S.Supp.,1941, § 17-515;
Laws 1943, c. 27, § 2(3), p. 122;
R.S.1943, § 17-609;
Laws 1967, c. 77, § 1, p. 247;
Laws 2017, LB133, § 208.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-610 - City attorney or village attorney; duties.

17-610.
City attorney or village attorney; duties.
The city attorney or village attorney shall be the legal advisor of the city council in a city of the second class or village board of trustees. He or she shall commence, prosecute, and defend all suits and actions necessary to be commenced, prosecuted, or defended on behalf of the city or village, or that may be ordered by the city council or village board of trustees. When requested, he or she shall attend meetings of the city council or village board of trustees and give them his or her opinion upon any matters submitted to him or her, either orally or in writing, as may be required. He or she shall draft or review for legal correctness ordinances, contracts, franchises, and other instruments as may be required, and he or she shall perform such other duties as may be imposed upon him or her by general law or ordinance. The city council or village board of trustees of the city or village shall have the right to pay the city or village attorney compensation for legal services performed by him or her for such city or village on such terms as the city council or village board of trustees and attorney may agree, and to employ additional legal assistance and to pay for such legal assistance out of the funds of the city or village.
Source
Laws 1879, § 67, p. 210;
R.S.1913, § 5150;
C.S.1922, § 4325;
C.S.1929, § 17-516;
R.S.1943, § 17-610;
Laws 1969, c. 94, § 1, p. 461;
Laws 2017, LB133, § 209.
Annotations
City attorney is city's legal advisor, and as such he is required to commence, prosecute, and defend all suits on behalf of the city. Darnell v. City of Broken Bow, 139 Neb. 844, 299 N.W. 274 (1941).
City attorney is the legal advisor of the council, and has the duty to prosecute or defend all actions in which it is a party. Meeske v. Baumann, 122 Neb. 786, 241 N.W. 550 (1932), 83 A.L.R. 131 (1932).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-611 - Officer; extra compensation prohibited.

17-611.
Officer; extra compensation prohibited.
No officer shall receive any pay or perquisites from a city of the second class or village other than his or her salary. Neither the city council nor village board of trustees shall pay or appropriate any money or other valuable thing to any person not an officer for the performance of any act, service, or duty, the doing or performance of which shall come within the proper scope of the duties of any officer of such municipality.
Source
Laws 1879, § 68, p. 210;
R.S.1913, § 5151;
C.S.1922, § 4326;
C.S.1929, § 17-517;
R.S.1943, § 17-611;
Laws 1957, c. 38, § 3, p. 208;
Laws 1959, c. 62, § 2, p. 280;
Laws 1961, c. 283, § 3, p. 831;
Laws 1971, LB 494, § 4;
Laws 1971, LB 549, § 1;
Laws 1983, LB 370, § 8;
Laws 2017, LB133, § 210.
Annotations
Payments made by village under void contract may be recovered. Heese v. Wenke, 161 Neb. 311, 73 N.W.2d 223 (1955).
Under former law, interest of members of council in other contracts did not invalidate ordinance. Freeman v. City of Neligh, 155 Neb. 651, 53 N.W.2d 67 (1952).
An officer who has made a contract with a city or village for salary, additional to that provided by law, cannot recover in quantum meruit. Neisius v. Henry, 142 Neb. 29, 5 N.W.2d 291 (1942).
Where, under this section, the making of a contract is prohibited, a recovery quantum meruit cannot be had. Village of Bellevue v. Sterba, 140 Neb. 744, 1 N.W.2d 820 (1942).
Where a city attorney resigns, but still acts as legal advisor to the city and is allowed compensation at the rate provided by ordinance for salary of city attorney, he remains de facto city attorney and cannot enter into legal contract with city for collection of taxes. Darnell v. City of Broken Bow, 139 Neb. 844, 299 N.W. 274 (1941).
City, having a regular salaried attorney, is not for that reason prevented from employing a special attorney when the city attorney is absent, ill, or disqualified. Meeske v. Baumann, 122 Neb. 786, 241 N.W. 550 (1932), 83 A.L.R. 131 (1932).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-612 - Elective officers, salary; increase during term of office prohibited; exception.

17-612.
Elective officers, salary; increase during term of office prohibited; exception.
The salary of any elective officer in a city of the second class or village shall not be increased or diminished during the term for which he or she has been elected except when there has been a combination and merger of offices as provided by sections 17-108.02 and 17-209.02, and except that when there are officers elected to the city council or a board or commission having more than one member and the terms of one or more members commence and end at different times, the compensation of all members of such city council, board, or commission may be increased or diminished at the beginning of the full term of any member thereof. No person who resigned or vacated any office shall be eligible for the same office during the time for which he or she was elected if during the same time the salary was increased.
Source
Laws 1879, § 75, p. 220;
R.S.1913, § 5152;
C.S.1922, § 4327;
C.S.1929, § 17-518;
R.S.1943, § 17-612;
Laws 1945, c. 25, § 3, p. 136;
Laws 1969, c. 89, § 3, p. 452;
Laws 1972, LB 942, § 1;
Laws 2017, LB133, § 211.
Annotations
City attorney who resigns cannot be rehired by council to perform same duties under the designation of "special counsel" at an increase in pay. Darnell v. City of Broken Bow, 139 Neb. 844, 299 N.W. 274 (1941).
When, at time of election of city officers, no ordinance had fixed their salaries, this section does not prevent the city council and mayor from fixing such salaries thereafter by ordinance. Wheelock v. McDowell, 20 Neb. 160, 29 N.W. 291 (1886); State ex rel. Wagner v. McDowell, 19 Neb. 442, 27 N.W. 433 (1886).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-615 - Ordinances; passage; rules and regulations; proof.

17-615.
Ordinances; passage; rules and regulations; proof.
All ordinances of a city of the second class or village shall be passed pursuant to such rules and regulations as the city council or village board of trustees may provide. All such ordinances may be proved by the certificate of the city clerk or village clerk, under the seal of the city or village.
Source
Laws 1879, § 69, XXX, p. 217;
Laws 1881, c. 23, § 8, XXX, p. 185;
Laws 1885, c. 20, § 1, XXX, p. 176;
Laws 1887, c. 12, § 1, XXX, p. 305;
R.S.1913, § 5155;
C.S.1922, § 4330;
C.S.1929, § 17-521;
R.S.1943, § 17-615;
Laws 2017, LB133, § 214.
Annotations
Where ordinance in question is printed in pamphlet form by authority of the city or village, it is entitled to be read and received as evidence in all courts. Village of Deshler v. Southern Nebraska Power Co., 133 Neb. 778, 277 N.W. 77 (1938).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-616 - Ordinances; contracts; appointments; vote; record.

17-616.
Ordinances; contracts; appointments; vote; record.
On the passage or adoption of every bylaw or ordinance, and every resolution or order to enter into a contract by the city council of a city of the second class or village board of trustees, the yeas and nays shall be called and recorded. To pass or adopt any bylaw, any ordinance, or any such resolution or order, a concurrence of a majority of the whole number of members elected to the city council or village board of trustees shall be required. All appointments of the officers by the city council or village board of trustees shall be made viva voce; and the concurrence of a like majority shall be required, and the names of those, and for whom they voted, on the vote resulting in an appointment, shall be recorded. The requirements of a roll call or viva voce vote shall be satisfied by a city or village which utilizes an electronic voting device which allows the yeas and nays of each city council member or member of the village board of trustees to be readily seen by the public.
Source
Laws 1879, § 76, p. 221;
R.S.1913, § 5156;
C.S.1922, § 4331;
C.S.1929, § 17-522;
R.S.1943, § 17-616;
Laws 1978, LB 609, § 2;
Laws 2017, LB133, § 215.
Annotations
Where no record of the proceedings of the city council with reference to a purported contract can be shown, there is a presumption that no such contract was entered into. Wightman v. City of Wayne, 144 Neb. 871, 15 N.W.2d 78 (1944).
Where the record of a city council does not show the mayor signed an ordinance or that the yea and nay vote was taken and recorded at the time enacted, a nunc pro tunc order by new council eighteen months later cannot be permitted. Beverly Land Co. v. City of South Sioux City, 117 Neb. 47, 219 N.W. 385 (1928).
Where record shows that ordinance was passed and shows the vote thereon, and does not show it was not read, it will be presumed that the ordinance was duly read before adoption, though record does not affirmatively so show. Hull v. City of Humboldt, 107 Neb. 326, 186 N.W. 78 (1921).
Provisions of this section are mandatory. Payne v. Ryan, 79 Neb. 414, 112 N.W. 599 (1907).
Where half the members voted for and the remaining members failed to vote, the mayor's vote added nothing and the ordinance is invalid. State ex rel. Grosshans v. Gray, 23 Neb. 365, 36 N.W. 577 (1888).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-701 - Fiscal year; commencement.

17-701.
Fiscal year; commencement.
The fiscal year of each city of the second class and village and of any public utility of a city of the second class or village commences on October 1 and extends through the following September 30 except as provided in the Municipal Proprietary Function Act.
Source
Laws 1879, § 85, p. 225;
R.S.1913, § 5181;
C.S.1922, § 4368;
Laws 1927, c. 46, § 1, p. 194;
C.S.1929, § 17-566;
R.S.1943, § 17-701;
Laws 1967, c. 78, § 1, p. 248;
Laws 1969, c. 257, § 12, p. 937;
Laws 1995, LB 194, § 5;
Laws 2017, LB133, § 216.
Cross References
Municipal Proprietary Function Act, see section 18-2801.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-706 - Annual appropriation bill; contents.

17-706.
Annual appropriation bill; contents.
The city council of a city of the second class and the village board of trustees shall adopt a budget statement pursuant to the Nebraska Budget Act, to be termed "The Annual Appropriation Bill", in which the city or village may appropriate such sums of money as may be deemed necessary to defray all necessary expenses and liabilities of such municipality.
Source
Laws 1879, § 86, p. 225;
R.S.1913, § 5184;
C.S.1922, § 4371;
C.S.1929, § 17-569;
R.S.1943, § 17-706;
Laws 1967, c. 78, § 2, p. 249;
Laws 1972, LB 1423, § 1;
Laws 1993, LB 734, § 26;
Laws 1995, LB 194, § 6;
Laws 2017, LB133, § 219.
Cross References
Nebraska Budget Act, see section 13-501.
Annotations
Contract by city council for repairing and rebuilding city hall involving sum in excess of that authorized by vote of people is void. Moore v. City of Central City, 118 Neb. 326, 224 N.W. 690 (1929).
Where proposition to issue bonds to fund indebtedness incurred without appropriation therefor is approved by majority of voters, action of city authorities is ratified and indebtedness is validated. State ex rel. City of Tekamah v. Marsh, 108 Neb. 835, 189 N.W. 381 (1922).
This section does not apply to borrowed money on hand for a specific purpose, sanctioned by majority of the legal voters, as such sanction is an appropriation. State ex rel. Fuller v. Martin, 27 Neb. 441, 43 N.W. 244 (1889).