Rushville City Council Minutes Special Meeting, May 15, 2017

The City Council of the City of Rushville, Nebraska, met in regular session on May 15, 2017, in the Council Chambers at 5:00 p.m. The Mayor being present asked that the Clerk call the roll.

Present: Lovell, Willnerd, Jansen Absent: Snyder

Notice of this meeting was simultaneously given to the Mayor and all members of the City Council and a copy of their acknowledgment of receipt of notice and the agenda is attached to these Minutes. Availability of the agenda was communicated in the advance notice and the notice to the Mayor and Council of this meeting. All proceedings hereafter were taken while the convened meeting was opened to the attendance of the public.

Councilman Willnerd made a motion to finalize agreement with D.A. Davidson to bond the entire amounts of the USDA water and DEQ sewer loans. There will be no down payment. Seconded by Councilman Jansen.

Ayes: Willnerd, Lovell, Jansen. Nays: None.

Motion carried.

Mayor Heiser announced that the introduction of Ordinances was now in order.

Counciman Willnerd moved that the minutes of the proceedings of the Mayor and Council of the City of Rushville, Sheridan County, Nebraska, in the matter of passing and adoption of Ordinances #17-777, 17-778, 17-779, and 17-780, be preserved and kept in a separate and distinct volume known as “Ordinance Records, City of Rushville, Nebraska” and that said and distinct volume be incorporated in and made a part of these proceedings as though it were spread at large herein. Seconded by Councilwoman Lovell.

Councilman Willnerd introduced Ordinance #17-777 an Ordinance of the City of Rushville, Nebraska, amending Rushville City Ordinance section 6-307 of the Municipal Code of Rushville, Nebraska, is amended to read as follows: MISDEMEANORS: VAGRANCY

Any person who, having no visible means of support and who lives without lawful employment, habitually loiters or wanders abroad, shall be deemed vagrants and found guilty of a misdemeanor. Seconded by Councilwoman Lovell.

Ayes: Willnerd, Lovell, Jansen. Nays: None.

Motion carried.

Councilman Willnerd moved to suspend the statutory rule requiring the ordinance be read by title on three separate days. Seconded by Councilwoman Lovell.

Ayes: Willnerd, Lovell, Jansen. Nays: None.

Motion carried.

Councilman Willnerd moved for adoption of Ordinance #17-777. Seconded by Councilman Jansen.

Ayes: Willnerd, Lovell, Jansen. Nays: None .

Councilwoman Lovell Introduced Ordinance #17-778 an Ordinance relating to prohibiting aggressive panhandling within the jurisdiction of the City; Definitions; penalties and effective date.

Be it ordained by the Mayor and City Council of the City of Rushville, Nebraska:

Section 6-311, of the Municipal Code of Rushville, Nebraska, is hereafter enacted to read as follows:

AGGRESSIVE PANHANDLING. It shall be unlawful to engage in an act of panhandling for the solicitation of money or other things of value from another in an aggressive manner. 

(A) For purpose of this section, the solicitation of money or other things of value shall include, but shall not be limited to; verbal or nonverbal words or acts, or such other action or bodily gesture, conducted for the purpose of obtaining, directly or indirectly, a donation from another person.

(B) A person’s manner is aggressive if a person engages in any of the following:

(1) Panhandling a person at an automated teller machine or other cash dispensing location from a location within 15 feet of that person;

(2) Repeated panhandling requests after a person has refused, ignored, or declined an immediate prior solicitation;

(3) Repeated panhandling requests when the person solicited is stationary, in a line, or stopped in traffic;

(4) Touching the solicited person without consent immediately prior to, during, or after the panhandling request;

(5) Panhandling on private property without permission from the owner;

(6) Panhandling while blocking the path of the person solicited or blocking the entrance to any building or vehicle; or

(7) Following behind, alongside, or ahead of the person solicited after the panhandling request or after a solicitation has been refused, ignored, or declined.

(C) A violation of this section shall be punishable as provided in Section 6-401 of this chapter.

Councilwoman Lovell moved to suspend the statutory rule requiring the ordinance be read by title on three separate days. Seconded by Councilman Willnerd.

Ayes: Willnerd, Lovell, Jansen. Nays: None.

Motion carried.

Councilwoman Lovell moved for adoption of ordinance #17-778. Seconded by Councilman Jansen. 

Ayes: Willnerd, Lovell, Jansen. Nays: None.

Motion carried.

Councilman Willnerd introduced ordinance #17-779 an Ordinance of the City of Rushville, Nebraska, prohibiting public indecency and all acts related thereto; penalties and an effective date.

Be it ordained by the Mayor and City Council of the City of Rushville, Nebraska.

Sec. 6-312 of the Municipal Code of Rushville, Nebraska, is hereafter enacted to read as follows:

Public Indecency.

No person shall appear on any street, alley or public place in the City in a state of nudity, nor shall any person in the City make any indecent exposure of his or her person or be guilty of any lewd or indecent act or behavior, nor shall any person expose the private parts of his or her body in any place where other persons may be offended by the act, nor shall any person urinate or defecate in a street, alley, or public place in the City other than at facilities provided for that purpose.

Councilman Willnerd moved to suspend the statutory rule requiring the ordinance be read by title on three separate days. Seconded by Councilwoman Lovell.

Ayes: Willnerd, Lovell, Jansen. Nays: None.

Motion carried.

Councilman Willnerd moved for adoption of Ordinance #17-779. Seconded by Councilman Jansen.

Ayes: Willnerd, Lovell, Jansen. Nays: None.

Motion carried.

Councilwoman Lovell introduced Ordinance #17-780 an Ordinance relating to hours of operation of parks within the jurisdiction of the city; establishments of an exception; authorization for posting of signs; penalties and effective date.

Be it ordained by the Mayor and City Council of the City of Rushville, Nebraska:

Sec. 6-313, of the Municipal Code of Rushville, Nebraska, is hereafter enacted to read as follows:

Hours Of Operation Of City Parks. City Parks shall be opened to the public every day of the year from 5a.m. until 10:30p.m. except as provided in Sec. 6-309 of the Municipal Code of Rushville, Nebraska and unless special permission is greanted for organized events or tent camping by the City Clerk of the City of Rushville, Nebraska or Sheridan County Sheriff’s Office. No person or vehicle shall be within any park except during said operating hours.

The City Council of the City of Rushville, Nebraska, hereby directs the Municipal Utility Superintendent and Municipal Street Superintendent to post notice of the operation of this section at all City Parks within the jurisdiction of the City. Each park required to have no less than three such signs.

Any Ordinance or section passed and approved prior to passage, approval and publication or posting of this Ordinance and in conflict with its provisions are repealed.

This Ordinance and its terms shall take effect immediately upon passage, approval, publication or posting as required by law.

Councilwoman Lovell moved to suspend the statutory rule requiring the ordinance be read by title on three separate days. Seconded by Councilman Jansen.

Ayes: Willnerd, Lovell, Jansen. Nays: None.

Motion carried.

Councilwoman Lovell moved for adoption of Ordinance #17-780. Seconded by Councilman Willnerd.

Ayes: Willnerd, Lovell, Jansen. Nays: None.

Motion carried.

It was moved by Councilman Willnerd seconded by Councilwoman Lovell to adjourn at 6:29 p.m.

Ayes: Willnerd, Lovell, Jansen. Nays: None.

Motion carried.

Chris Heiser

Mayor

Connie Roffers

City Clerk

I, the undersigned Clerk hereby certify that the foregoing is a true and correct copy of proceedings had and done by the Mayor and Council; that all of the subjects included in the foregoing proceedings were contained in the agenda for the meeting, kept continually current and available for public inspection at the office of the Clerk, that such subjects were contained in said agenda for a least twenty-four hours prior to said meeting; that at least one copy of all reproducible material discussed at the meeting was available at the meeting for examination and copying by members of the public; that said minutes were in written form and available for public inspection within ten working days and prior to the next convened meeting of said body; that all news media requesting notification concerning meetings of said body were provided notification of the time and place of said meeting and the subjects to be discussed at said meeting.

Connie Roffers

City Clerk

Published: May 24, 2017