GENERAL PROVISIONS
Sec. 1‑1 How Code Designated and Cited
Sec. 1‑2 Definitions and Rules of Construction
Sec. 1‑3 References to Chapters, Sections, etc.
Sec. 1‑4 Severability of Parts of Code
Sec. 1‑5 Catchlines of Sections
Sec. 1‑6 Effect of Repeal of Ordinances
Sec. 1‑7 General Penalty; Continuing Violations
Sec. 1‑8 Procedure for Issuance of Summons for Violation of Code
Sec. 1‑9 Use of Prisoners for Labor
Sec. 1‑10 Procedure for Amending or Repealing Provisions of Code
Sec. 1‑11 Classification of City
Sec. 1‑12 Publication of Ordinances
Sec. 1‑1 How Code Designated and Cited.
(For state law as to authority of city to codify ordinances, see R.R.S. 1943, Sec. 16‑247.)
All ordinances embraced in the following chapters and sections shall constitute and be designated "The Code of the City of Lexington, Nebraska," and may be so cited. Such Code may also be cited as the "Lexington City Code."
Sec. 1‑2 Definitions and Rules of Construction.
In the construction of this Code, the following rules shall be observed unless such construction would be inconsistent with the manifest intent of this Code:
Generally. All words and phrases shall be construed and understood according to the common and a proved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.
City. The words "the City" or "this City" shall be construed as if followed by the words "of Lexington, Nebraska."
Code. The words "the Code" or "this Code" shall mean "The Code of the City of Lexington, Nebraska."
Computation of Time. ( For state law as to computation of time, see R.R.S. 1943, Sec. 25‑2221.)
The time within which an act is to be done shall be computed as provided in the state civil procedure statutes, by excluding the first day and including the last, unless the last day falls upon any legal holiday or on Saturday or Sunday, in which case the last day is also excluded.
Council, City Council. Whenever the words "Council" or "City Council" are used, they shall be construed to mean the Council of the City of Lexington, Nebraska.
County. The words "the county" or "this county" shall mean Dawson County, Nebraska.
Day. A day is the period of time between any midnight and the midnight following.
Daytime, Nighttime. "Daytime" is the period of time between sunrise and sunset. "Nighttime" is the period of time between sunset and sunrise.
Gender. Every word importing the masculine gender shall extend to and be applied to females as well as males.
In the City. The words "in the city" shall mean and include all territory over which the City now has or shall hereafter acquire jurisdiction for the exercise of its police powers or other regulatory powers.
Joint Authority. All words purporting to give a joint authority to three or more City officers or other persons shall be construed as giving such authority to a majority of such officers or other persons unless it shall be otherwise expressly declared in the law giving the authority.
Month. The word " month" shall mean a calendar month.
Number. Every word importing the singular number only shall extend and be applied to several persons or things as well as to one person or thing, and every word importing the plural number only shall extend and be applied to one person or thing as well as to several persons or things.
Oath. "Oath" includes affirmation.
Owner. The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety of the whole or of a part of such building or land or vendee in possession under a land sale contract.
Person. The word "person" shall extend and be applied to firms, corporations, voluntary associations, partnerships and joint stock companies, as well as to individuals, unless plainly inapplicable.
Preceding, Following. The words "preceding" and "following" mean next before and next after, respectively.
Property. The word "property" shall include real and personal property.
Real Property. The words "real property" shall include lands, tenements and hereditaments.
Reasonable Time. In all cases where any provision of this Code shall require any act to be done in a reasonable time or reasonable notice to be given, such reasonable time or notice shall mean such time only as may be necessary for the prompt performance of such duty, or compliance with such notice.
Shall, May. "Shall" is mandatory and "may" is permissive.
Signature or Subscription by Mark. "Signature" or "subscription by mark" includes a mark when the signer or subscriber cannot write, such signer's or subscriber's name being written near the mark by a witness who writes his own name near the signer's or subscriber's name, but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when one witness shall sign his own name thereto.
State. The words "the state" or "this state" shall be construed to mean the State of Nebraska.
Tenant or Occupant. The word "tenant" or "occupant," applied to a building or land, shall include any person holding a written or an oral lease of or who occupies, the whole or a part of such building or land, either alone or with others.
Tense. The use of any verb in the present tense shall include the future when applicable.
To. "To" means "to and including" when used in reference to a series of sections of this Code or when reference is made to the Reissue Revised Statutes of Nebraska, 1943.
Week. The word "week" shall mean seven consecutive days, but publication in a newspaper of any notice or other matter indicated to be for a stated number of weeks shall be construed to mean one insertion in each week, unless specifically stated to be for each day of the week or for more than one day in each week.
Writing. Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required or authorized by this Code, it shall be made in writing, in the English language, unless it is expressly provided otherwise.
Year. The word "year" shall mean a calendar year, except where otherwise provided.
The rules of construction set forth in this section shall not be applied to any provision of this Code which shall contain any express provision excluding such construction, or when the subject matter or context of such provision may be repugnant thereto.
Sec. 1‑3 References to Chapters, Sections, etc.
All references in this Code to chapters, articles or sections are to the chapters, articles and sections of this Code, unless otherwise specified.
Sec. 1‑4 Severability of Parts of Code.
It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Code are severable and if any phrase, clause, sentence, paragraph or section of this Code shall be declared invalid by the valid judgment or decree of a court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code.
Sec. 1‑5 Catchlines of Sections.
The catchlines of the several sections of this Code are intended as mere catchwords to indicate the contents of the section, and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or re‑enacted.
Sec. 1‑6 Effect of Repeal of Ordinances.
When any ordinance repealing a former ordinance, clause or provision, shall be itself repealed, such repeal shall not be construed to revive such former ordinance, clause or provision, unless it shall be expressly so provided.
Sec. 1‑7 General Penalty; Continuing Violations. (For state law as to authority of city to provide for fines and imprisonment for violations of ordinances, see R.R.S., 1943, Sec. 16‑246. As to penalties for violation of zoning regulations, see Sec. 28‑10 of this Code.)
Any person who shall violate, neglect or refuse to comply or who resists or opposes the enforcement of, any of the provisions of this Code shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined in any sum not more than five hundred dollars ($500.00) for each offense or shall be imprisoned in jail for a period not to exceed thirty (30) days, or both such fine and imprisonment. Such person so fined shall stand committed to jail until such fine and costs of prosecutions are fully paid. Every day on which such violation, neglect or refusal shall continue, shall be deemed as a separate and distinct offense. (Mun. Code, Sec. 7‑801; Ord. No. 1062, Sec. 1; Ord. No. 2060, Sec. 1)
Sec. 1‑8 Procedure for Issuance of Summons for Violation of Code.
Whenever any person is arrested for a violation of any of the provisions of this Code or has been charged with any violation of this Code, the City police shall take the name and address of such person and issue a summons in writing to appear at the time and place to be specified in the summons or notice. Such time shall be at least five days after such arrest or charge, unless the person arrested shall demand an earlier hearing. Such person demanding an earlier hearing shall have the right to an immediate hearing or a hearing within twenty‑four hours, during the regular hours of the police court, before the police magistrate of the City. If such a person gives his written promise to appear, he may be released from the custody of such officer. Any person refusing to give such written promise to appear shall be taken immediately by the arresting officer and placed under arrest to be brought before the police magistrate as soon as possible. Any person who, having been left a summons on his vehicle, shall acknowledge receiving the summons shall be treated in all respects as the person to whom the summons was personally delivered. Any person who violates the provisions of this section shall be guilty of a misdemeanor, regardless of the disposition of the charge for which he was originally given the summons. (Ord. No. 1002, Sec. 2)
Sec. 1‑9 Use of Prisoners for Labor. (For state law as to authority of city to use prisoners for labor, see R.R.S. 1943, Sec. 47‑208.)
The provisions of the statutes of the state shall apply to the use of prisoners for labor on the streets, sidewalks or elsewhere. (Ord. No. 1063, Sec. 1)
Sec. 1‑10 Procedure for Amending or Repealing Provisions of Code.
Whenever any part of this Code is amended or repealed, the ordinance amending or repealing shall refer to the full number of the section so amended or repealed.
All future regulatory ordinances shall contain in the ordinance, the section number indicating the chapter, article and section assigned to each part of the new regulation.
This Code shall have printed and inserted in the Code, at least annually, all amendments, repealed sections and new sections. After each amended section, repealed section or new section, the number of the ordinance and the numerical date of the passing of the ordinance shall be printed in parenthesis. (Mun. Code, Sec. 1‑103)
Sec. 1‑11 Classification of City.
The City was proclaimed a city of the first class by the governor of the State on the fourth day of June, 1953, and was organized as such and began its operation as such on the same day. (Mun. Code, Sec. 1‑201)
Sec. 1‑12 Publication of Ordinances.
All ordinances passed and approved by the Council shall be published in pamphlet form and take effect as provided by law, unless otherwise directed by the Council or the laws of the State of Nebraska. (Ord. No. 1383, Sec. 1)