reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-105 - City council; meetings; quorum.

17-105.
City council; meetings; quorum.
Regular meetings of the city council of a city of the second class shall be held at such times as the city council may provide by ordinance. A majority of all the members elected to the city council shall constitute a quorum for the transaction of any business, but a fewer number of members may adjourn from time to time and compel the attendance of absent members. When the city council consists of four members as established by ordinance or home rule charter, the mayor shall be deemed a member of the city council for purposes of establishing a quorum when the mayor's presence is necessary to establish the quorum. Unless a greater vote is required by law, an affirmative vote of at least one-half of the elected members shall be required for the transaction of any business.
Source
Laws 1879, § 5, p. 194;
R.S.1913, § 4997;
C.S.1922, § 4166;
C.S.1929, § 17-105;
R.S.1943, § 17-105;
Laws 1995, LB 93, § 1;
Laws 2017, LB133, § 3;
Laws 2020, LB1003, § 170.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-106 - City council; special meetings.

17-106.
City council; special meetings.
The mayor or any three city council members of a city of the second class shall have power to call special meetings of the city council, the object of which shall be submitted to the city council in writing; and the call and object, as well as the disposition thereof, shall be entered upon the journal by the city clerk.
Source
Laws 1879, § 13, p. 196;
R.S.1913, § 4998;
C.S.1922, § 4167;
C.S.1929, § 17-106;
R.S.1943, § 17-106;
Laws 2017, LB133, § 4.
Annotations
Any defect in the call for a special meeting of the council of a city of the second class is immaterial if all members of the council are present and participated in the meeting without objection. Pokorny v. City of Schuyler, 202 Neb. 334, 275 N.W.2d 281 (1979).
Notice of special meetings need not be given to a council member out of the state or physically unable to be present. Burrows v. Keebaugh, 120 Neb. 136, 231 N.W. 751 (1930).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-108 - Officers and employees; salaries.

17-108.
Officers and employees; salaries.
The officers and employees of a city of the second class shall receive such compensation as the mayor and city council shall fix by ordinance.
Source
Laws 1879, § 7, p. 195;
Laws 1881, c. 23, § 2, p. 168;
Laws 1911, c. 16, § 1, p. 133;
R.S.1913, § 5000;
Laws 1919, c. 46, § 1, p. 130;
C.S.1922, § 4169;
C.S.1929, § 17-108;
Laws 1935, c. 36, § 3, p. 149;
C.S.Supp.,1941, § 17-108;
Laws 1943, c. 30, § 2, p. 140;
R.S.1943, § 17-108;
Laws 1945, c. 25, § 1, p. 134;
Laws 1947, c. 31, § 1(1), p. 140;
Laws 1949, c. 21, § 1, p. 92;
Laws 1953, c. 33, § 1, p. 123;
Laws 1969, c. 89, § 1, p. 452;
Laws 2017, LB133, § 6.
Annotations
To employ an attorney as a private practitioner, who is also city attorney, to foreclose tax sale certificates on a percent basis violates this and other sections, though, in proper cases, he may collect for his services on basis of quantum meruit. Darnell v. City of Broken Bow, 139 Neb. 844, 299 N.W. 274 (1941).
Provision for compensation of employees is not required to be in writing, and may be fixed at time of employment. Morearty v. City of McCook, 117 Neb. 113, 219 N.W. 839 (1928).
While the statute does not fix the salary of the mayor, it directs that the mayor and other officers named shall receive salaries to be fixed by ordinance. Dean v. State ex rel. Miller, 56 Neb. 301, 76 N.W. 555 (1898).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-108.02 - Officers and employees; merger of offices or employment; salaries.

17-108.02.
Officers and employees; merger of offices or employment; salaries.
(1) All officers and employees of a city of the second class shall receive such compensation as the mayor and city council may fix at the time of their appointment or employment subject to the limitations set forth in this section.
(2) The city council may at its discretion by ordinance combine and merge any elective or appointive office or employment or any combination of duties of any such offices or employments, except mayor and city council member, with any other elective or appointive office or employment so that one or more of such offices or employments or any combination of duties of any such offices or employments may be held by the same officer or employee at the same time.
(3) The city manager in a city of the second class under the city manager plan of government as provided in the City Manager Plan of Government Act may in his or her discretion combine and merge any elective or appointive office or employment or any combination of duties of any such offices or employments, except mayor and city council member, with any other elective or appointive office or employment so that one or more of such offices or employments or any combination of duties of any such offices or employments may be held by the same officer or employee at the same time.
(4) The offices or employments merged and combined under subsection (2) or (3) of this section shall always be construed to be separate, and the effect of the combination or merger shall be limited to a consolidation of official duties only. The salary or compensation of the officer or employee holding the merged and combined offices or employments or offices and employments shall not be in excess of the maximum amount provided by law for the salary or compensation of the office, offices, employment, or employments so merged and combined.
(5) For purposes of this section, volunteer firefighters and ambulance drivers shall not be considered officers.
Source
Laws 1879, § 7, p. 195;
Laws 1881, c. 23, § 2, p. 168;
Laws 1911, c. 16, § 1, p. 133;
R.S.1913, § 5000;
Laws 1919, c. 46, § 1, p. 130;
C.S.1922, § 4169;
C.S.1929, § 17-108;
Laws 1935, c. 36, § 3, p. 149;
C.S.Supp.,1941, § 17-108;
Laws 1943, c. 30, § 2, p. 140;
R.S.1943, § 17-108;
Laws 1945, c. 25, § 1, p. 135;
Laws 1947, c. 31, § 1(3), p. 140;
Laws 1972, LB 1145, § 2;
Laws 1984, LB 368, § 2;
Laws 1984, LB 682, § 7;
Laws 1990, LB 756, § 2;
Laws 1990, LB 931, § 3;
Laws 1991, LB 12, § 2;
Laws 1994, LB 76, § 492;
Laws 2017, LB133, § 7;
Laws 2019, LB193, § 6.
Cross References
City Manager Plan of Government Act, see section 19-601.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-110 - Mayor; general duties and powers.

17-110.
Mayor; general duties and powers.
(1) The mayor shall preside at all meetings of the city council of a city of the second class. The mayor may vote on any matter that requires either a majority vote of the city council or a majority vote of all the elected members of the city council if (a) the mayor's vote is required due to the city council members being equally divided or (b) a majority of the city council members or majority vote of all the elected members cannot be reached due to absence, vacancy, or abstention of one or more city council members. For purposes of such vote, the mayor is deemed to be a member of the city council.
(2) The mayor shall have superintendence and control of all the officers and affairs of the city and shall take care that the ordinances of the city and all laws governing cities of the second class are complied with.
Source
Laws 1879, § 10, p. 195;
R.S.1913, § 5002;
C.S.1922, § 4171;
C.S.1929, § 17-110;
R.S.1943, § 17-110;
Laws 1957, c. 55, § 3, p. 266;
Laws 1975, LB 172, § 3;
Laws 1980, LB 662, § 4;
Laws 2013, LB113, § 1;
Laws 2017, LB133, § 8;
Laws 2023, LB531, § 8.
Operative Date: June 7, 2023
Annotations
The mayor has no power to suspend the operation of an ordinance which contains no provision in itself empowering him so to do. Pulver v. State, 83 Neb. 446, 119 N.W. 780 (1909).
The mayor and council have power to compromise and settle claims against the city. State ex rel. Fuller v. Martin, 27 Neb. 441, 43 N.W. 244 (1889).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-111 - Mayor; ordinances; veto power; passage over veto.

17-111.
Mayor; ordinances; veto power; passage over veto.
The mayor in any city of the second class shall have power to veto or sign any ordinance passed by the city council and to approve or veto any order, bylaw, resolution, award of or vote to enter into any contract, or the allowance of any claim. If the mayor approves the ordinance, order, bylaw, resolution, contract, or claim, he or she shall sign it, and it shall become effective. If the mayor vetoes the ordinance, order, bylaw, resolution, contract, or any item or items of appropriations or claims, he or she shall return it to the city council stating that the measure is vetoed. The mayor may issue the veto at the meeting at which the measure passed or within seven calendar days after the meeting. If the mayor issues the veto after the meeting, the mayor shall notify the city clerk of the veto in writing. The city clerk shall notify the city council in writing of the mayor's veto. Any ordinance, order, bylaw, resolution, award of or vote to enter into any contract, or the allowance of any claim vetoed by the mayor may be passed over his or her veto by a vote of two-thirds of the members of the city council. If the mayor neglects or refuses to sign any ordinance, order, bylaw, resolution, award of or vote to enter into any contract, or the allowance of any claim, but fails to veto the measure within the time required by this section, the measure shall become effective without his or her signature. The mayor may veto any item or items of any appropriation bill or any claims bill, and approve the remainder thereof, and the item or items vetoed may be passed by the city council over the veto as in other cases.
Source
Laws 1879, § 11, p. 195;
R.S.1913, § 5003;
C.S.1922, § 4172;
C.S.1929, § 17-111;
R.S.1943, § 17-111;
Laws 2014, LB803, § 2;
Laws 2017, LB133, § 9.
Annotations
Mayor's approval may be condition precedent to the validity of the ordinance by its terms, and failure of such approval during mayor's incumbency renders ordinance void. Rooney v. City of South Sioux City, 111 Neb. 1, 195 N.W. 474 (1923).
Where an ordinance or resolution is passed either with or without the mayor's concurrence, he, being the executive officer, is obliged to execute the duties therein contained irrespective of his sanction or disapproval thereof. State ex rel. Fuller v. Martin, 27 Neb. 441, 43 N.W. 244 (1889).
The duty of the mayor is to guard and protect the rights of the city. Greenwood v. Cobbey, 26 Neb. 449, 42 N.W. 413 (1889).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-112 - Mayor; recommendations to city council.

17-112.
Mayor; recommendations to city council.
The mayor in any city of the second class shall, from time to time, communicate to the city council such information and recommend such measures as, in his or her opinion, may tend to the improvement of the finances, the police, health, security, ornament, comfort, and general prosperity of the city.
Source
Laws 1879, § 12, p. 196;
R.S.1913, § 5004;
C.S.1922, § 4173;
C.S.1929, § 17-112;
R.S.1943, § 17-112;
Laws 2017, LB133, § 10.
Annotations
Statements of mayor as to qualification and integrity of an employee of city are privileged if made in good faith. Greenwood v. Cobbey, 26 Neb. 449, 42 N.W. 413 (1889).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-113 - Mayor; reports of officers; power to require.

17-113.
Mayor; reports of officers; power to require.
The mayor in any city of the second class shall have the power, when he or she deems it necessary, to require any officer of the city to exhibit his or her accounts or other papers, and to make reports to the city council, in writing, touching any subject or matter pertaining to his or her office.
Source
Laws 1879, § 14, p. 196;
R.S.1913, § 5005;
C.S.1922, § 4174;
C.S.1929, § 17-113;
R.S.1943, § 17-113;
Laws 2017, LB133, § 11.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-114 - Mayor; territorial jurisdiction.

17-114.
Mayor; territorial jurisdiction.
The mayor in any city of the second class shall have such jurisdiction as may be vested in him or her by ordinance, over all places within five miles of the corporate limits of the city, for the enforcement of any health or quarantine ordinance and regulation thereof, and shall have jurisdiction in all matters vested in him or her by ordinance, excepting taxation, within the extraterritorial zoning jurisdiction of such city.
Source
Laws 1879, § 15, p. 196;
R.S.1913, § 5006;
C.S.1922, § 4175;
C.S.1929, § 17-114;
R.S.1943, § 17-114;
Laws 2017, LB133, § 12.
Annotations
While it is not determined whether mayor and city council under this section may or may not regulate slaughterhouses outside the city limits, they cannot give vitality and force to such a regulation passed by the board of health in such matter. State v. Temple, 99 Neb. 505, 156 N.W. 1063 (1916).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-117 - Mayor; remission of fines; pardons; powers.

17-117.
Mayor; remission of fines; pardons; powers.
The mayor of a city of the second class shall have power to remit fines and forfeitures and to grant reprieves and pardons for all offenses arising under the ordinances of the city.
Source
Laws 1879, § 18, p. 196;
R.S.1913, § 5009;
C.S.1922, § 4178;
C.S.1929, § 17-117;
R.S.1943, § 17-117;
Laws 2017, LB133, § 13.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-118 - Police; arrest; power.

17-118.
Police; arrest; power.
The police officers of a city of the second class shall have the power to arrest all offenders against the laws of the state or of the city, by day or by night, in the same manner as the county sheriff and to keep such offenders in the city prison, county jail, or other place of confinement to prevent their escape until trial can be had before the proper officer.
Source
Laws 1879, § 19, p. 197;
R.S.1913, § 5010;
C.S.1922, § 4179;
C.S.1929, § 17-118;
R.S.1943, § 17-118;
Laws 1988, LB 1030, § 5;
Laws 2017, LB133, § 14.
Annotations
Police officers are not provided with countywide jurisdiction pursuant to this statute. State v. Tingle, 239 Neb. 558, 477 N.W.2d 544 (1991).
A police officer of a city of the second class has the same powers as a sheriff or constable to arrest offenders against the laws of the state or city within his county. Henning v. City of Hebron, 186 Neb. 381, 183 N.W.2d 756 (1971).
Policemen of city of second class have all the powers of a sheriff or constable in making arrest. State v. Carpenter, 181 Neb. 639, 150 N.W.2d 129 (1967).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-119 - City overseer of streets; duties.

17-119.
City overseer of streets; duties.
The city overseer of the streets of a city of the second class shall, subject to the orders of mayor and city council, have general charge, direction, and control of all work on the streets, sidewalks, culverts, and bridges of the city, and shall perform such other duties as the city council may require.
Source
Laws 1879, § 21, p. 197;
R.S.1913, § 5012;
C.S.1922, § 4181;
C.S.1929, § 17-120;
R.S.1943, § 17-119;
Laws 2017, LB133, § 15.
Annotations
Cities of second class have exclusive control of streets, sidewalks, etc., must maintain them in a safe condition, and are liable for a breach of duty in respect thereto. Goodrich v. University Place, 80 Neb. 774, 115 N.W. 538 (1908).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-120 - Public morals; powers; restrictions.

17-120.
Public morals; powers; restrictions.
A city of the second class shall have the power to restrain, prohibit, and suppress houses of prostitution, gambling and gambling houses, and other disorderly houses and practices, and all kinds of public indecencies, and all lotteries or fraudulent devices and practices for the purpose of obtaining money or property, 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. The city may license, regulate, or prohibit billiard halls and billiard tables, pool halls and pool tables, and bowling alleys.
Source
Laws 1879, § 39, I, p. 201;
Laws 1881, c. 24, § 1, p. 194;
R.S.1913, § 5014;
Laws 1917, c. 99, § 1, p. 263;
C.S.1922, § 4183;
C.S.1929, § 17-122;
R.S.1943, § 17-120;
Laws 1986, LB 1027, § 189;
Laws 1991, LB 849, § 62;
Laws 1993, LB 138, § 64;
Laws 2017, LB133, § 16.
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 Small Lottery and Raffle Act, see section 9-501.
State Lottery Act, see section 9-801.
Annotations
Bowling alley open to the public on the payment of a fee and operated under the name of "Recreation Club" is not exempt from the provisions of an ordinance providing for license passed under the authority of this section. State ex rel. City of Friend v. Friend Recreation Club, 123 Neb. 740, 243 N.W. 876 (1932).
City cannot prohibit sale of card tables in places of business, nor card playing under all circumstances. In re Sapp, 79 Neb. 781, 113 N.W. 261 (1907).
Power was conferred on cities of second class to regulate billiard and pool halls. State ex rel. McMonies v. McMonies, 75 Neb. 443, 106 N.W. 454 (1906).
Validity of ordinance can be questioned only by one whose rights are directly affected thereby. Flick v. City of Broken Bow, 67 Neb. 529, 93 N.W. 729 (1903).
Ordinance to regulate closing of saloons relates to general welfare and is authorized under the police power of the city. Ex parte Wolf, 14 Neb. 24, 14 N.W. 660 (1883).
Ordinances of city of second class punishing trespassers upon real or personal property are valid. City of Brownville v. Cook, 4 Neb. 101 (1875).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-122 - Hospital; establishment and control.

17-122.
Hospital; establishment and control.
A city of the second class shall have the power to erect, establish, and regulate hospitals and to provide for the government and support of such hospitals.
Source
Laws 1879, § 39, III, p. 201;
Laws 1881, c. 24, § 1, p. 194;
R.S.1913, § 5016;
C.S.1922, § 4185;
C.S.1929, § 17-124;
R.S.1943, § 17-122;
Laws 2017, LB133, § 18.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-123 - Public health; regulations; water; power to supply.

17-123.
Public health; regulations; water; power to supply.
A city of the second class shall have the power to make regulations to secure the general health of the city, to prevent and remove nuisances within the city and within its extraterritorial zoning jurisdiction, and to provide the city with water.
Source
Laws 1879, § 39, IV, p. 201;
Laws 1881, c. 24, § 1, p. 194;
R.S.1913, § 5017;
C.S.1922, § 4186;
C.S.1929, § 17-125;
R.S.1943, § 17-123;
Laws 2015, LB266, § 8;
Laws 2017, LB133, § 19.
Annotations
City of second class may bring action to enjoin maintenance of a nuisance. City of Lyons v. Betts, 184 Neb. 746, 171 N.W.2d 792 (1969).
It is not incumbent upon city to enact ordinance prohibiting a nuisance before it has a right to apply to a court of equity for relief. City of Syracuse v. Farmers Elevator, Inc., 182 Neb. 783, 157 N.W.2d 394 (1968).
Village may bring action in equity to enjoin maintenance of public nuisance. Village of Kenesaw v. Chicago, B. & Q. R. R. Co., 91 Neb. 619, 136 N.W. 990 (1912).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-124 - Police; power to establish.

17-124.
Police; power to establish.
A city of the second class shall have the power to establish a night watch and police and to define the duties and powers of such night watch and police.
Source
Laws 1879, § 39, V, p. 201;
Laws 1881, c. 24, § 1, p. 195;
R.S.1913, § 5018;
C.S.1922, § 4187;
C.S.1929, § 17-126;
R.S.1943, § 17-124;
Laws 2017, LB133, § 20.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-126 - Public market; establishment; regulation.

17-126.
Public market; establishment; regulation.
A city of the second class shall have the power to purchase, hold, and own grounds for and to erect, establish, and regulate market houses and market places.
Source
Laws 1879, § 39, VII, p. 201;
Laws 1881, c. 24, § 1, p. 195;
R.S.1913, § 5020;
C.S.1922, § 4189;
C.S.1929, § 17-128;
R.S.1943, § 17-126;
Laws 2017, LB133, § 21.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-127 - Public buildings; power to erect.

17-127.
Public buildings; power to erect.
A city of the second class shall have the power to provide for the erection and government of any useful or necessary building for the use of the city.
Source
Laws 1879, § 39, VIII, p. 201;
Laws 1881, c. 24, § 1, p. 195;
R.S.1913, § 5021;
C.S.1922, § 4190;
C.S.1929, § 17-129;
R.S.1943, § 17-127;
Laws 2017, LB133, § 22.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-129 - Disorderly conduct; power to prevent.

17-129.
Disorderly conduct; power to prevent.
A city of the second class shall have the power to prevent intoxication, fighting, quarreling, dog fights, cock fights, and all disorderly conduct.
Source
Laws 1881, c. 24, § 1, p. 195;
R.S.1913, § 5023;
C.S.1922, § 4192;
C.S.1929, § 17-131;
R.S.1943, § 17-129;
Laws 2017, LB133, § 23.
Annotations
The power of municipalities to define and punish the offense of driving a motor vehicle while under the influence of intoxicating liquor is not limited by state laws regulating motor vehicle traffic. Gembler v. City of Seward, 136 Neb. 196, 285 N.W. 542 (1939), modified on rehearing 136 Neb. 916, 288 N.W. 545 (1939).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-130 - Fire escapes; exits; regulation.

17-130.
Fire escapes; exits; regulation.
A city of the second class shall have the power to regulate the use of any opera house, city hall, church, or other building used by the people for worship, for amusement, or for public assemblages to ensure that such opera house, city hall, church, or other building is provided with suitable, ample, and sufficient fire escapes and suitable, ample, and sufficient means of exit and entrance.
Source
Laws 1881, c. 24, § 1, p. 195;
R.S.1913, § 5024;
C.S.1922, § 4193;
C.S.1929, § 17-132;
R.S.1943, § 17-130;
Laws 2017, LB133, § 24.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-131 - Safety regulations.

17-131.
Safety regulations.
A city of the second class shall have the power to prescribe the thickness, strength, and manner of constructing stone, brick, and other buildings and to prescribe and direct the number and construction of means of exit and entrance and the construction of fire escapes in such buildings.
Source
Laws 1881, c. 24, § 1, p. 196;
R.S.1913, § 5025;
C.S.1922, § 4194;
C.S.1929, § 17-133;
R.S.1943, § 17-131;
Laws 2017, LB133, § 25.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-132 - Places of amusement; safety regulations; revocation of license.

17-132.
Places of amusement; safety regulations; revocation of license.
A city of the second class shall have the power (1) to regulate, license, tax, and suppress places of amusement, (2) to revoke the licenses of such places when they are not provided with sufficient and ample means of exit and entrance or when the licensee has been convicted of any violation of the ordinances in relation to such places, and (3) to declare from time to time when such place or places are unsafe for such uses.
Source
Laws 1881, c. 24, § 1, p. 195;
R.S.1913, § 5026;
C.S.1922, § 4195;
C.S.1929, § 17-134;
R.S.1943, § 17-132;
Laws 2017, LB133, § 26.
Annotations
City is not authorized under this section to prohibit playing a game of cards for amusement. In re Sapp, 79 Neb. 781, 113 N.W. 261 (1907).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-134 - Peddlers; pawnbrokers; entertainers; licensing and regulation.

17-134.
Peddlers; pawnbrokers; entertainers; licensing and regulation.
A city of the second class shall have the power by ordinance to license, tax, suppress, regulate, and prohibit hawkers, peddlers, pawnbrokers, theatrical and other exhibitions, shows, and other amusements and to revoke such licenses for violation of such ordinances.
Source
Laws 1881, c. 24, § 1, p. 196;
R.S.1913, § 5028;
C.S.1922, § 4197;
C.S.1929, § 17-136;
R.S.1943, § 17-134;
Laws 2017, LB133, § 27.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-136 - Fire hazards; dangerous buildings; elimination.

17-136.
Fire hazards; dangerous buildings; elimination.
A city of the second class shall have the power to prevent the dangerous construction and condition of chimneys, fireplaces, hearths, stoves, stovepipes, ovens, or boilers used in and about any building and to cause such to be removed or placed in a safe condition, as the city council may prescribe by ordinance. Such city may regulate and prevent by ordinance the deposit of ashes in unsafe places and cause all dangerous buildings and enclosures to be put in safe condition.
Source
Laws 1881, c. 24, § 1, p. 196;
R.S.1913, § 5030;
C.S.1922, § 4199;
C.S.1929, § 17-138;
R.S.1943, § 17-136;
Laws 2017, LB133, § 28.
Annotations
Municipality may enact ordinance to protect public from the dangers resulting from the use of gas. Clough v. North Central Gas Co., 150 Neb. 418, 34 N.W.2d 862 (1948).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-137 - Explosives; storage; fireworks; regulation.

17-137.
Explosives; storage; fireworks; regulation.
A city of the second class shall have the power to (1) regulate and prevent storage of gunpowder, tar, pitch, resin, coal oil, benzine, turpentine, hemp, cotton, nitroglycerine, petroleum, or any of the productions thereof and other material, (2) regulate the use of lights in stables and shops and other places, (3) regulate the building of bonfires, and (4) regulate, prohibit, and restrain the use of fireworks, firecrackers, Roman candles, sky rockets, and other pyrotechnic displays.
Source
Laws 1881, c. 24, § 1, p. 196;
R.S.1913, § 5031;
C.S.1922, § 4200;
C.S.1929, § 17-139;
R.S.1943, § 17-137;
Laws 2017, LB133, § 29.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-138 - Animals; cruelty, prevention of.

17-138.
Animals; cruelty, prevention of.
A city of the second class shall have the power by ordinance to prohibit and punish cruelty to animals.
Source
Laws 1881, c. 24, § 1, p. 197;
R.S.1913, § 5032;
C.S.1922, § 4201;
C.S.1929, § 17-140;
R.S.1943, § 17-138;
Laws 2017, LB133, § 30.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-139 - Traffic; sales; regulation.

17-139.
Traffic; sales; regulation.
A city of the second class shall have the power by ordinance to regulate traffic and sales upon the streets, the sidewalks, and other public places.
Source
Laws 1881, c. 24, § 1, p. 197;
R.S.1913, § 5033;
C.S.1922, § 4202;
C.S.1929, § 17-141;
R.S.1943, § 17-139;
Laws 2017, LB133, § 31.
Annotations
The power of municipalities, under this section, to define and punish the offense of driving a motor vehicle while under the influence of intoxicating liquor, is not limited by the Uniform Motor Vehicle Act. Gembler v. City of Seward, 136 Neb. 196, 285 N.W. 542 (1939), modified on rehearing 136 Neb. 916, 288 N.W. 545 (1939).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-140 - Signs and handbills; regulation.

17-140.
Signs and handbills; regulation.
A city of the second class shall have the power to regulate and prevent the use of streets, sidewalks, and public grounds for signs, sign posts, racks, and the posting of handbills and advertisements.
Source
Laws 1881, c. 24, § 1, p. 197;
R.S.1913, § 5034;
C.S.1922, § 4203;
C.S.1929, § 17-142;
R.S.1943, § 17-140;
Laws 2017, LB133, § 32.
Annotations
City of second class has authority by ordinance to regulate and prevent 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).
Municipalities may grant the use of streets to telephone company for its poles and lines. City of Plattsmouth v. Nebraska Telephone Co., 80 Neb. 460, 114 N.W. 588 (1908).
The term "public roads" does not include streets and alleys of a municipality, and the unauthorized use of such thoroughfares constitutes a public nuisance. Nebraska Telephone Co. v. Western Independent Long Distance Telephone Co., 68 Neb. 772, 95 N.W. 18 (1903).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-141 - Sidewalks and substructures; regulation.

17-141.
Sidewalks and substructures; regulation.
A city of the second class shall have the power to regulate the use of sidewalks and all structures thereunder.
Source
Laws 1881, c. 24, § 1, p. 197;
R.S.1913, § 5035;
C.S.1922, § 4204;
C.S.1929, § 17-143;
R.S.1943, § 17-141;
Laws 2017, LB133, § 33.
Annotations
City is bound to keep its sidewalks reasonably safe for travel, and it is the duty of the officers of the city to exercise reasonable diligence in knowing of dangerous conditions thereof. Anderson v. City of Albion, 64 Neb. 280, 89 N.W. 794 (1902).
Streets must be kept in a reasonably safe condition for public travel, and a petition sufficiently charges negligence if it alleges facts from which a person may reasonably infer street was not kept in such condition. City of Aurora v. Cox, 43 Neb. 727, 62 N.W. 66 (1895).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-142 - Streets; moving of buildings; other obstructions; regulation.

17-142.
Streets; moving of buildings; other obstructions; regulation.
A city of the second class shall have the power to regulate and prevent the moving of buildings through the streets and to regulate and prohibit the piling of building material or any excavation or obstruction of the streets.
Source
Laws 1881, c. 24, § 1, p. 197;
R.S.1913, § 5036;
C.S.1922, § 4205;
C.S.1929, § 17-144;
R.S.1943, § 17-142;
Laws 2017, LB133, § 34.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-143 - Railroads; location, grade, and crossing; regulation.

17-143.
Railroads; location, grade, and crossing; regulation.
A city of the second class shall have the power to provide for and change the location, grade, and crossing of any railroad.
Source
Laws 1881, c. 24, § 1, p. 197;
R.S.1913, § 5037;
C.S.1922, § 4206;
C.S.1929, § 17-145;
R.S.1943, § 17-143;
Laws 2017, LB133, § 35.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-145 - Sewers and drains; regulation.

17-145.
Sewers and drains; regulation.
A city of the second class shall have the power to construct and keep in repair culverts, drains, sewers, and cesspools and to regulate the use of such culverts, drains, sewers, and cesspools.
Source
Laws 1881, c. 24, § 1, p. 198;
R.S.1913, § 5039;
C.S.1922, § 4208;
C.S.1929, § 17-147;
R.S.1943, § 17-145;
Laws 2017, LB133, § 36.
Annotations
Where a municipal corporation discharges sewage for a period of over ten years, in an adverse manner into a gully, it may acquire an easement therefor. Hall v. City of Friend, 134 Neb. 652, 279 N.W. 346 (1938).
City is liable to owner of property for overflow of surface waters caused by improvement of drainage system. Naysmith v. City of Auburn, 95 Neb. 582, 146 N.W. 971 (1914).
Cities of second class have the right to construct and regulate sewers, and such authority being expressly granted necessarily implies the power to issue bonds for the payment of the same. State ex rel. City of Norfolk v. Babcock, 22 Neb. 614, 35 N.W. 941 (1888).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-146 - Refunding bonds; power to issue.

17-146.
Refunding bonds; power to issue.
A city of the second class shall have the power to issue bonds in place of or to supply means to meet its maturing bonds or for the consolidation or funding of such bonds.
Source
Laws 1881, c. 24, § 1, p. 198;
R.S.1913, § 5040;
C.S.1922, § 4209;
C.S.1929, § 17-148;
R.S.1943, § 17-146;
Laws 2017, LB133, § 37.
Annotations
Where bonds, when issued by a city, contain recitals insuring that "all preliminary steps had been taken in manner and form required by law", if it appears later when bonds are in the hands of a purchaser that a fact stated in the recitals is untrue, the city is estopped to so prove or contend. South Sioux City v. Hanchett Bond Co., 19 F.2d 476 (8th Cir. 1927).
Findings of a board, authorized by the Legislature to determine questions of fact upon which limitations of amount of issue of bonds depends, are conclusive in favor of bona fide purchasers of such bonds. Chilton v. Town of Gratton, 82 F. 873 (Cir. Ct., D. Neb. 1897).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-147 - Fire department; organization and equipment.

17-147.
Fire department; organization and equipment.
A city of the second class shall have the power to procure fire engines, hooks, ladders, buckets, and other apparatus, to organize fire engine, hook and 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 one hundred dollars, and to make all necessary appropriations for the fire department.
Source
Laws 1879, § 39, IX, p. 201;
Laws 1881, c. 24, § 1, p. 198;
R.S.1913, § 5041;
C.S.1922, § 4210;
C.S.1929, § 17-149;
R.S.1943, § 17-147;
Laws 2017, LB133, § 38.
Annotations
Power given in this section to procure fire engines, hooks, ladders, etc., is totally different from the power to issue obligations unimpeachable in the hands of third persons in payment therefor. State ex rel. City of O'Neill v. Marsh, 121 Neb. 841, 238 N.W. 760 (1931).
A city may impose an occupation tax by ordinance upon a fire insurance company for the purpose of maintaining a volunteer fire department. German-American Fire Ins. Co. v. City of Minden, 51 Neb. 870, 71 N.W. 995 (1897).
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-148 - City council; president; acting president; powers.

17-148.
City council; president; acting president; powers.
In each city of the second class, the city council shall elect one of its own body who shall be styled the president of the city council and who shall preside at all meetings of the city council in the absence of the mayor. In the absence of the president, the city council shall elect one of its own body to occupy his or her place temporarily, who shall be styled acting president of the city council. The president, and acting president, when occupying the place of the mayor, shall have the same privileges as other members of the city council; and all acts of the president or acting president, while so acting, shall be as binding upon the city council and upon the city as if done by the mayor.
Source
Laws 1879, § 39, X, p. 201;
Laws 1881, c. 24, § 1, p. 198;
R.S.1913, § 5042;
C.S.1922, § 4211;
C.S.1929, § 17-150;
R.S.1943, § 17-148;
Laws 2017, LB133, § 39.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-150 - Sewerage system; establishment; estimates; duties of engineer; contracts; advertisement for bids.

17-150.
Sewerage system; establishment; estimates; duties of engineer; contracts; advertisement for bids.
The city engineer in a city of the second class, when ordered to do so by the city council, shall make all surveys, estimates, and calculations necessary to be made for the establishment of a sewerage system and of the cost of labor and materials for such system. The mayor and city council may employ a special engineer to make or assist in making any such estimate or survey, and any such estimate or survey shall have the same validity and serve in all respects as though made by the city engineer. Before the city council shall make any contract for building any such sewers or any part of such sewers, an estimate of the cost of such sewers shall be made by the city engineer, or by a special engineer as provided by this section, and submitted to the city council, and no contract shall be entered into for the building of any such sewers or any part of such sewers for a price exceeding such estimate. In advertising for bids for any such work or materials, the city council shall cause the amount of such estimate to be published with such advertisement for at least twenty days in a legal newspaper in or of general circulation in the city.
Source
Laws 1903, c. 22, § 2, p. 255;
R.S.1913, § 5044;
C.S.1922, § 4213;
C.S.1929, § 17-152;
R.S.1943, § 17-150;
Laws 2017, LB133, § 40.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-151 - Sewerage system; establishment; borrowing money; conditions precedent.

17-151.
Sewerage system; establishment; borrowing money; conditions precedent.
Before submitting any proposition for borrowing money for the purposes mentioned in section 17-150, the mayor and city council of a city of the second class shall determine upon a system of sewerage and shall procure from the city engineer an estimate of the actual cost of such system and of the cost of the portion of such sewer as the mayor and city council may propose to construct, with the amount proposed to be borrowed and the plans of such system. Such estimate shall be placed and remain in the hands of the city clerk, subject to public inspection during all the time such proposition to borrow money shall be pending. After such system shall have been adopted, no change shall be made to such system involving an expense of more than one thousand dollars, nor shall any other system be adopted in lieu of such system, unless authorized by a vote of the people.
Source
Laws 1903, c. 22, § 4, p. 256;
R.S.1913, § 5045;
C.S.1922, § 4214;
C.S.1929, § 17-153;
R.S.1943, § 17-151;
Laws 2017, LB133, § 41.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-153 - Sewerage system; bonds; sinking funds; investment.

17-153.
Sewerage system; bonds; sinking funds; investment.
All taxes levied for the purpose of raising money to pay the interest or to create a sinking fund for the payment of the bonds provided for in section 17-925, shall be payable in money only. Except as otherwise provided, no money so obtained shall be used for any other purpose than the payment of the interest or debt for the payment of which they shall have been raised. Such sinking fund may, under the direction of the mayor and city council, be invested in any of the underdue bonds issued by such city of the second class, and such bonds may be procured by the city treasurer at such rate of premium as shall be prescribed by ordinance. Any due or overdue bond or coupon shall be a sufficient warrant or order for the payment of the same by the city treasurer, out of any fund specially created for that purpose, without any further order or allowance by the mayor and city council.
Source
Laws 1903, c. 22, § 8, p. 258;
R.S.1913, § 5047;
C.S.1922, § 4216;
C.S.1929, § 17-155;
R.S.1943, § 17-153;
Laws 2017, LB133, § 42.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-154 - Sewers; right-of-way; condemnation; procedure.

17-154.
Sewers; right-of-way; condemnation; procedure.
In case of the refusal of the owner or owners or claimant or claimants of any lands or any right-of-way, or any easement in any lands through which cities of the second class propose to construct any sewer or drain or any outlet for any sewer or drain, to allow the passage of such sewer or drain, the city proposing to construct such sewer or drain, and desiring the right-of-way may proceed to acquire such right-of-way by the exercise of the power of eminent domain. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724.
Source
Laws 1905, c. 28, § 1, p. 253;
R.S.1913, § 5049;
C.S.1922, § 4218;
C.S.1929, § 17-157;
R.S.1943, § 17-154;
Laws 1951, c. 101, § 55, p. 472;
Laws 2017, LB133, § 43.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-155 - Board of equalization; counties under township organization; members; meetings.

17-155.
Board of equalization; counties under township organization; members; meetings.
In all cities of the second class in counties under township organization, the city council shall constitute a board of equalization for such city, whose duty it shall be to meet and equalize the assessments of such city at the same time and in the same manner as provided by law for townships in counties under township organization.
Source
Laws 1889, c. 76, § 1, p. 537;
R.S.1913, § 5050;
C.S.1922, § 4219;
C.S.1929, § 17-158;
R.S.1943, § 17-155;
Laws 2017, LB133, § 44.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-156 - Joint city and school district facility; acquisition of land; erection, equipment, furnishings, and maintenance.

17-156.
Joint city and school district facility; acquisition of land; erection, equipment, furnishings, and maintenance.
Any school district in this state which has within its boundaries, or is contiguous to, a city of the second class may, together with such city, jointly acquire land for, erect, equip, furnish, maintain, and operate a joint municipal and recreation building or joint recreational and athletic field to be used jointly by such school district and city.
Source
Laws 1953, c. 37, § 1, p. 128;
Laws 1955, c. 39, § 1, p. 152;
Laws 1961, c. 47, § 1, p. 184.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-157 - Joint city and school district facility; expense; bonds; election; approval by electors.

17-157.
Joint city and school district facility; expense; bonds; election; approval by electors.
The cost and expense of acquiring land for, erecting, equipping, furnishing, and maintaining a joint municipal and recreation building or joint recreational and athletic field under section 17-156 shall be borne by the school district and city of the second class in the proportion determined by the board of education of the school district and the city council. The building shall not be erected or contracted to be erected, no land shall be acquired for such buildings, and no bonds shall be issued or sold by the school district or the city of the second class until the school district and the city of the second class have each been authorized to issue bonds to defray its proportion of the cost of such land, building, equipment, and furnishings by the required number of electors of the school district and the city of the second class in the manner provided by sections 10-702 to 10-716 and 17-954. When funds and property are available for such purpose, land may be acquired, buildings erected, or equipment and furnishings supplied by a joint resolution of the school district and the city of the second class without a vote of the people.
Source
Laws 1953, c. 37, § 2, p. 128;
Laws 1955, c. 39, § 2, p. 152;
Laws 2017, LB133, § 45.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-158 - Joint city and school district facility; indebtedness; bonds; principal and interest; in addition to other limitations.

17-158.
Joint city and school district facility; indebtedness; bonds; principal and interest; in addition to other limitations.
The amount of indebtedness, authorized to be incurred by any school district or city of the second class for the payment of principal and interest for the bonds authorized by the provisions of sections 17-156 to 17-162 shall be in addition to and over and above any limits under applicable law.
Source
Laws 1953, c. 37, § 3, p. 128;
Laws 2017, LB133, § 46.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-159 - Joint city and school district facility; city council and board of education; building commission; powers; duties.

17-159.
Joint city and school district facility; city council and board of education; building commission; powers; duties.
The members of the board of education of the school district and the city council of the city of the second class, which board and city council have agreed to build a joint municipal and recreation building or joint recreational and athletic field under sections 17-156 to 17-162, shall be the building commission to purchase the land for the building and to contract for the erection, equipment, and furnishings of the building or the recreational and athletic field. After the completion of such building or field, the building commission shall be in charge of the maintenance and repair of such building or field.
Source
Laws 1953, c. 37, § 4, p. 129;
Laws 1955, c. 39, § 3, p. 153;
Laws 2017, LB133, § 47.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-160 - Joint city and school district facility; building commission; plans and specifications; personnel; compensation; contracts.

17-160.
Joint city and school district facility; building commission; plans and specifications; personnel; compensation; contracts.
The building commission shall cause to be prepared building plans and specifications for the joint building or joint recreational and athletic field and may employ architects, engineers, and such clerical help as may be deemed necessary for the purpose of preparing such plans and specifications. The compensation of such personnel shall be fixed by the commission and shall be paid in the same proportion as determined for defraying the cost of such building or field as provided for in section 17-157. The contract for erecting the building, for the equipment, and for furnishings shall be let by the commission in the same manner as for other public buildings. The members of the commission shall receive no compensation for their services as members of the commission.
Source
Laws 1953, c. 37, § 5, p. 129;
Laws 1955, c. 39, § 4, p. 153;
Laws 2017, LB133, § 48.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-161 - Joint city and school district facility; annual budget of city and school district.

17-161.
Joint city and school district facility; annual budget of city and school district.
The school district and the city of the second class shall each provide in their annual budgets an item for their proportion of the expense of maintaining any joint municipal and recreation building or joint recreational and athletic field built pursuant to section 17-156.
Source
Laws 1953, c. 37, § 6, p. 129;
Laws 1955, c. 39, § 5, p. 154;
Laws 2017, LB133, § 49.
2023 Nebraska Revised Statutes › Chapter 17 - Cities of the Second Class and Villages › 17-162 - Joint city and school district facility; building commission; accept gifts.

17-162.
Joint city and school district facility; building commission; accept gifts.
The building commission shall have the power to accept gifts, devises, and bequests of real and personal property to carry out the purposes of sections 17-156 to 17-162 and, to the extent of the powers conferred upon the building commission by sections 17-156 to 17-162, to execute and carry out such conditions as may be annexed to any such gifts, devises, or bequests.
Source
Laws 1953, c. 37, § 7, p. 129;
Laws 2017, LB133, § 50.