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Ordinance 199 & Resolution 481

November 01, 2019

The following Ordinance and Resolution have been passed by the Village of Stratton Board of Trustees at the October regular board meeting. Please review the new Resolution regarding municipal citations that will be in use to assist with enforcing the Village Ordinances. Please contact the Village Office with any questions.

 

VILLAGE OF STRATTON

Ordinance No. 199

AN ORDINANCE TO ESTABLISH AN ORDINANCE VIOLATION TAG SYSTEM, ESTABLISH A FINES SCHEDULE AND PROCEDURE FOR WAIVING COURT APPEARANCE; TO REPEAL CONFLICTING ORDINANCES AND SECTIONS; AND TO PROVIDE AN EFFECTIVE DATE. BE IT ORDAINED BY THE VILLAGE OF STRATTON THAT:

Section 1.         A new Section 91.04 is added to the Municipal Code of the Village of Stratton, Nebraska as follows:

ORDINANCE VIOLATION; MUNICIPAL TAGS TO BE NOTICE; EFFECT OF FAILURE TO RESPOND TO TAG.  The violation of any provision of the Municipal Code of the Village of Stratton, Nebraska, may be given notice in the form of an official Ordinance Violation tag which shall either be (1) attached to the motor vehicle of the violator, (2) attached to improvements located upon the subject real estate, or (3) presented to the individual violator in person, which notice shall require such violator to appear forthwith to the Village Office and pay the fine as indicated on the Ordinance Violation tag.  If such violator shall fail to appear in response to such notice, within a period of thirty days and pay the penalty in full, a complaint shall be filed in County Court and a summons to appear shall be issued to the violator for such violation. 

Section 2.        A new Section 91.04 is added to the Municipal Code of the Village of Stratton, Nebraska as follows:

ORDINANCE VIOLATIONS; ACTION TO BE TAKEN BY PERSONS DESIRING TO WAIVE COURT APPEARANCE.  Any violator of any village ordinance appearing as required by Section 91.04 and desiring to plead guilty and waive court appearance shall sign a guilty plea and waiver of court appearance within thirty days of issuance and shall pay to the village the sum set by resolution of the village board of trustees, which resolution shall be kept in the offices of the Village Clerk and displayed to all violators who request to see the same.

Section 3.        That all Ordinances or sections thereof passed and approved prior to the effective date of this Ordinance and in conflict with the provisions of this Ordinance, are hereby repealed.

Section 4.        The Ordinance shall take effect and be in full force from and after its passage, approval and publication according to law. 

 

Passed and approved this 21st day of October, 2019.

 

R E S O L U T I O N NO. 481

 

BE IT RESOLVED BY THE CHAIRMAN AND TRUSTEES OF THE VILLAGE OF STRATTON, NEBRASKA

 

WHEREAS, the Village of Stratton has decided to use municipal citations for municipal law violations; and,

 

WHEREAS, the Utilities Superintendent, Village Clerk, and other Authorized Village Employees will write citations to individuals who violate the Village of Stratton municipal laws including but not limited to the following violations:

 

  1. Parking violations.
  2. Parking vehicle over 20 feet.
  3. Obstructing alley, driveway or sidewalk.
  4. Parking against traffic.
  5. Dog at large.
  6. Dog barking and chasing.
  7. Dangerous/prohibited dogs.
  8. Cruelty to animals.
  9. Other Animal Violations
  10. High weeds or grass.
  11. Unlicensed or inoperable vehicle.
  12. Sidewalk kept clean.
  13. Other health and safety violations.
  14. Other Miscellaneous violations.
     
    hereinafter “municipal law violations”; and,
     
    WHEREAS, the fines associated with such municipal law violations will be paid to the Village of Stratton; and,
     
    WHEREAS, the fine amounts for each offense will be as follows: $25.00 for first offense, $50.00 for second offense, $100.00 for third offense, and $500.00 for fourth offense; and,
     
    WHEREAS, if the violator fails to pay this fine to the Village Clerk within 30 days, then a citation will be filed with the Hitchcock County Court.
     

                NOW THEREFORE BE IT RESOLVED by the Chairman and the Trustees of the Village of Stratton, Nebraska that: 

 

  1. The Village of Stratton be and hereby is authorized to use municipal citations for municipal law violations.
  2. The Utilities Superintendent, Village Clerk, and other Authorized Village Employees will issue the municipal citations to individuals who violate the Village of Stratton municipal laws.
  3. The fine amounts associated with a municipal law violation will be paid to the Village of Stratton.
  4. The fine amounts are $25.00 for first offense, $50.00 for second offense, $100.00 for third offense, and $500.00 for fourth offense

 

Passed and approved this 21st day of October, 2019.

Ordinance 199 & Resolution 481

Date Subject Posted by:
11/14/2019 I understand the need for some ordinance however I strongly feel this is given the village the power too pick and choose who they feel like making things miserable for the people they don't like or don't want here in Stratton. I'm just saying you should make sure you're falling every municipal ordinance yourself and if we the people feel you're not who do we turn too to fine you and hold you accountable.
Kim larreau
Stratton Disabled
11/14/2019 The Village has not ever intended on making things miserable for people. In fact it is exactly the opposite. The Village strives to keep the town safe and healthy and look good, and function well for all the citizens. The ordinances already in place are there to ensure that this continues to happen. The Village has always attempted to enforce any violation of these ordinances. Unfortunately, when some individuals are requested to comply they refuse to do so. In these cases we have in the past been forced to do nothing or spend costly time and money taking the individual to court to resolve the situation. Ordinance 199 is regarding enforcing ordinances already in place. This ordinance will assist the Village in enforcing the ordinances with a lower cost to all the citizens of the town while continuing towards our goal of having a safe and beautiful town to live in. If you feel that there is an issue with any situation that isn’t being addressed properly please complete a complaint form online or in the Village Office. You are also welcome to attend a Village Board meeting to state your concern to the Board of Trustees. The Board meets each month on the third Monday of the month at 7:00pm. Village of Stratton stratton@gpcom.net Stratton
12/06/2019 Kim's concern is valid. I grew up in this town. Based on my experience, it is not a matter of whether ordinances will be selectively enforced but who the ordinances will be selectively enforced against. If I receive a violation, I will automatically exercise my right to due process in front a a judge. People would be stupid to let a city employee be judge & jury. TO TO COURT if you receive a violation and exercise your due process rights. The burden of proof is on the city to prove your guilt!
Sherman Shortdog

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