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02/14/2006 Ordinances 9029 I I ORDINANCE NO. 9029 An ordinance to amend Chapter 1 of the Grand Island City Code; to amend Sections 1-2, 1-8, and 1-13 pertaining to general housekeeping issues; to repeal Sections 1-2, 1- 8, and 1-13 as now existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for publication and the effective date of this ordinance. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: SECTION 1. Section 1-2 of the Grand Island City Code is hereby amended to read as follows: ~ 1-2. Definitions and Rules of Construction In the construction of this Code and all other ordinances of the City, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the councilor the context clearly requires otherwise: City. The words "city", "the city," or "this city" shall be construed as if followed by the words "of Grand Island, Nebraska." Code. The words "the Code" or "this Code" shall mean "The Grand Island City Code." Comvutation of Time. The time within which an act is to be done is computed by excluding the first day and including the last, unless the last day falls upon any legal holiday or on Saturday, in which case the period runs until the end of the next day. Council. Whenever the word "council" is used, it shall be construed to mean the council of the City of Grand Island, Nebraska. County. The words "the county" or "this county" shall mean Hall County, Nebraska. Day. A day is a 24-hour period of time between any midnight and the following midnight. Daytime, Nighttime. "Daytime" is the period of time between sumise and sunset. "Nighttime" is the period of time between sunset and sumise. Gender. The masculine gender includes the feminine. 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 giving joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers. Month. The word "month" shall mean a calendar month. Number. The singular number includes the plural and the plural includes the singular. Oath. "Oath" includes affirmation. Offense. The doing of any act or thing prohibited or the failing to do any act or thing commanded to be done in this Code within the city is hereby declared to be an offense against the public peace, safety, morals, and general welfare of the people of the City. Or. And. "Or" may be read "and," and "and" may be read "or," if the sense requires it. 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. "Person" includes but is not limited to individuals, corporations, associations, firms, partnerships and limited liability companies. Approved as to Form n February 15. 2006 I I ORDINANCE NO. 9029 (Cont.) Preceding. following. The words "preceding" and "following" mean next before and next after, respectively. Property. The word "property" shall include real and personal property. Public vlace. The words "public place" shall mean any public place or building or any private place, business or building, open to and frequented by the public. Real vropertv. Real property shall mean any estate or interest in land, including all buildings, fixtures and improvements thereon and all rights-of-way, easements, rents, issues, profits, income, tenements, hereditaments, privileges and appurtenances thereunto belonging, used or enjoyed with said land, or any part thereof. Shall. may. "Shall" is mandatory and "may" is permissive. Signature or subscription bv 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 word "the state" or "this state" shall be construed to mean the State of Nebraska. Tenant or occuvant. The words "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. 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 Nebraska Revised Statutes. Week. A week consists of seven consecutive days. 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. SECTION 1. Section 1-8 of the Grand Island City Code is hereby amended to read as follows: ~1-8. Citation; Failing to Appear; Penalty (1) Any person who fails to appear or otherwise comply with the command of a citation shall be guilty of an infraction. (2) Any person convicted of violating this section shall be punished by a fine of not more than five hundred dollars or by imprisonment in the county jail for not more than thirty (30) days, or by both such fine and imprisonment. SECTION 1. Section 1-13 of the Grand Island City Code is hereby amended to read as follows: ~1-13. Sale of Abandoned Property The chief of police is hereby empowered to offer for sale and to sell at public auction including sale by internet or other electronic medium to the highest bidder, all personal property, except impounded vehicles, and except property of a nature dealt with in g 1-14 which may come within the custody of the police department by reason of its being abandoned, recovered, confiscated, impounded, or unclaimed. Notice of such sale shall be printed once in a legal newspaper published in the City of Grand Island at least ten days prior to the sale; provided, that no such property shall be offered or sold unless it shall have remained unclaimed by the lawful owner for a period of six months after it shall have come within the custody of the chief of police or the police department, or, in the case - 2 - I I ORDINANCE NO. 9029 (Cont.) of property taken from or deposited by, persons arrested, detained, or accused of a crime, shall have remained unclaimed for a period of six months after the discharge, liberation or departure of the person from whom such property was taken or by whom such property was deposited. It shall be the responsibility of the chief of police to make such effort as he deems reasonable to notify the lawful owner of any such property that it will be sold or otherwise disposed of upon a given date. All money received from the sale of the unclaimed property shall be paid to the chief of police, whose duty it shall be to account for such money collected by him to the city treasurer who shall place the same in the police fund. SECTION 2. Sections 1-2, 1-8, and 1-13 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed. SECTION 3. The validity of any section, subsection, sentence, clause, or phrase of this ordinance shall not affect the validity or enforceability of any other section, subsection, sentence, clause, or phrase thereof. SECTION 4. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: February 14, 2006. . \ i ~ ~ \J,,": J:vavricel' Mayor ~ ( "-:"',~ Attest: 00.\\ ilL tQ~~ RaNae Edwards, City Clerk - 3 -