CITY OF OMAHA

 Notice is hereby given that the City Council of the City of Omaha met on May 21, 2019 and passed and approved the ordinances entitled:

 

ORDINANCE NO. 41795

AN ORDINANCE to approve a Major Amendment to a PUR-Planned Unit Redevelopment Overlay District located northwest of 33rd and Mason Streets, to approve the Development Plan, and to provide for an effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. In accordance with Sections 55-595 through 55-600 of the Omaha Municipal Code, a Major Amendment to the PUR-Planned Unit Redevelopment Overlay District and the Development Plan, attached hereto and made a part hereof, are hereby approved, for the following described land in Douglas County, Nebraska: Lots 1 thru 12 and Outlots A thru C, 33 Mason North Replat I, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska. Section 2. The proposed Development Plan has been reviewed and evaluated pursuant to, and meets each of, the site plan criteria set forth in Section 55-885 of the Omaha Municipal Code. Section 3. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.

 

First Reading April 16, 2019; Second Reading April 23, 2019; Third Reading, Public Hearing and Vote April 30, 2019

 

PASSED: May 21, 2019: 5-2

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

5-29-19

______

 

ORDINANCE NO. 41796

AN ORDINANCE to approve a Major Amendment to a PUR-Planned Unit Redevelopment Overlay District located southwest of 33rd and Mason Streets, to approve the Development Plan, and to provide for an effective date. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. In accordance with Sections 55-595 through 55-600 of the Omaha Municipal Code, a Major Amendment to the PUR-Planned Unit Redevelopment Overlay District and the Development Plan, attached hereto and made a part hereof, are hereby approved, for the following described land in Douglas County, Nebraska: Lots 1 thru 18 and Outlots A thru C, 33 Mason South Replat 1, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska. Section 2. The proposed Development Plan has been reviewed and evaluated pursuant to, and meets each of, the site plan criteria set forth in Section 55-885 of the Omaha Municipal Code. Section 3. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.

 

First Reading April 16, 2019; Second Reading April 23, 2019; Third Reading, Public Hearing and Vote April 30, 2019

 

PASSED: May 21, 2019: 5-2

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

5-29-19

______

 

ORDINANCE NO. 41701

AN ORDINANCE to amend the official zoning map of the City of Omaha adopted by Section 55-65 of the Omaha Municipal Code, by changing certain boundaries of the official zoning map of the City of Omaha in accordance with Section 55-886 of the Omaha Municipal Code, to rezone property located at 2230 and 2236 Jones Street from OS-Downtown Service District to CBD-Central Business District (property is located within an ACI-1 Overlay District). BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. The official zoning map adopted by Section 55-65 of the Omaha Municipal Code be, and the same hereby is, changed and amended in accordance with Section 55-886 of the Omaha Municipal Code so that: Lots 8 thru 9, Hillcrest Addition, a subdivision as surveyed, platted and recorded in Douglas County, Nebraska, are hereby rezoned from OS-Downtown Service District to CBD-Central Business District (property is located within an ACI-1 Overlay District). Section 2. This Ordinance shall be in full force and effect fifteen (15) days from the date of its passage.

 

First Reading January 8, 2019; Second Reading January 15, 2019; Third Reading, Public Hearing and Vote January 29, 2019

 

PASSED: May 21, 2019: 7-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

5-29-19

______

 

ORDINANCE NO. 41833

AN ORDINANCE approving a Service Agreement between the City of Omaha and ITSA Solutions LLC, dba Barnacle Parking Enforcement for services related to the Barnacle Parking Enforcement System, involving the payment of money from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of 1956, as amended; to provide for the terms and conditions under which ITSA Solutions LLC, dba Barnacle Parking Enforcement will provide these services; to authorize the Finance Department to pay the project costs for the initial term, currently estimated to be $17,600.00, according to the terms and conditions contained within the Agreement; and to provide an effective date hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That the City Council of the City of Omaha hereby approves the Service Agreement between the City of Omaha and ITSA Solutions LLC, dba Barnacle Parking Enforcement, which by this reference is made a part hereof, that outlines the terms and conditions under which ITSA Solutions LLC, dba Barnacle Parking Enforcement, will provide services within the City of Omaha, for an initial 1 year term and up to three (3) one (1) year extensions. Section 2. That ITSA Solutions LLC, dba Barnacle Parking Enforcement will perform such services as specifically scoped for the term of this agreement, and if mutually beneficial to both parties, similarly scoped and sized for each of the subsequent terms. Section 3. That the Finance Department is authorized to make payments for this project, involving appropriations of more than one year, which is authorized in accord with Section 5.17 of the Home Rule Charter of 1956, as amended, in the amount currently estimated to be $17,600.00 for the initial term and will be paid from the Parking Revenue Fund 21116, Parking Enforcement Organization 116231, year 2019 expenditure. Section 4. That this Ordinance, being administrative in character shall take effect and be in full force upon the date of its passage.

 

First Reading May 7, 2019; Second Reading and Public Hearing May 14, 2019; Third Reading and Vote May 21, 2019

 

PASSED: May 21, 2019: 7-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

5-29-19

______

 

ORDINANCE NO. 41834

AN ORDINANCE to amend portions of chapter 36 of the Omaha Municipal Code entitled "Traffic;" to amend and clarify parking rules; to provide for temporary on-street parking to facilitate valet parking; to provide for the immobilization of parked vehicles owned by repeat and unresolved parking offenders; to amend and update provisions regarding the traffic violations bureau; to adopt a schedule of fines for parking offenses; to repeal Omaha Municipal Code sections 36-170, 36-190, 36-192, 36-193, 36-194, 36-195, 36- 196, 36-197, 36-198, 36-212, 36-232, 36-234, 36-235, 36-281, 36-282, 36-283, 36-284, 36-285, 36-286, and 36-287 as heretofore existing; and to provide the effective date thereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. Section 36-170 of the Omaha Municipal Code is hereby amended to read as follows: Sec. 36-170. - Unlicensed and unregistered vehicles. All vehicles parked upon the public streets without current annual license plates and registration are hereby declared to be a public nuisance as provided for in section 36-231 et seq. of this Code, unless authorized under state law by a valid in transit sticker or proof of ownership, within 30 days of transfer. Section 2. Section 36-190 of the Omaha Municipal Code is hereby amended to read as follows: Sec. 36-190. - Permit required. It shall be unlawful for any person to use any space on the surface of any street, within the corporate limits of the city, for a truck loading zone, a passenger loading zone, a freight loading zone, a parking limit zone, or a taxicab stand, or a temporary parking space to facilitate parking via valet elsewhere, thereby rendering the street or sidewalk space so used unavailable for the parking of vehicles or the movement of vehicles or pedestrians, without first obtaining a permit in accordance with the terms and conditions hereinafter stated. Section 3. Section 36-192 of the Omaha Municipal Code is hereby amended to read as follows: Sec. 36-192. - Application for permit. Applications for permits required by the provisions of this division shall be made to the city traffic engineer city parking and mobility division. The application form shall be provided by the parking and mobility division, and shall request such information as is deemed relevant to the requested permit. Section 4. Section 36-193 of the Omaha Municipal Code is hereby amended to read as follows: Sec. 36-193. - Permit fee. (a) For the purpose of defraying the cost to the city for regulating. superv1s1nq. marking. policing and maintaining the use or privilege provided for by this division. there is hereby imposed an annual fee in the amount indicated for a permit to be issued under the provisions of this division: (1) Within a metered parking district, per front foot so used: $25.00 for a parallel stall and $50.00 for an angled or perpendicular stall. (2) Outside a metered parking district, per front foot so used: $15.00 for a parallel stall and $25.00 for an angled or perpendicular stall. (b) Notwithstanding the above, for short term or single event valets, a parking meter hood shall be used to designate a temporary parking space to facilitate parking via valet elsewhere. Such hoods shall be charged on a per day rate. For two, three and four hour meters that rate shall be $15.00 per meter. For a ten hour meter. that rate shall be $8.00 per day. (b c) Such fee shall be paid to the city before any permit shall be issued under this division. (c d) The permit fee shall not be charged where the lot, tract or parcel of land served by the zone to be permitted is a public school, denominational school, church, charitable institution or public building, or for taxicab stands located outside the congested traffic district or metered parking district. Section 5. Section 36-194 of the Omaha Municipal Code is hereby amended to read as follows: The application for the issuance of a permit under this division shall not be construed to vest any rights thereto in the applicant. or limit the right of the city, by and through its city traffic engineer city parking and mobility division, to refuse the applicant. The city. by and through its city traffic engineer city parking and mobility division, reserves the right to refuse an application when the issuance of such permit would create a traffic hazard or not be beneficial to the public welfare. Section 6. Section 36-195 of the Omaha Municipal Code is hereby amended to read as follows: Sec. 36-195. - Eligibility for permit. No permit other than a valet permit shall be issued under the provisions of this division except to public conveyance concerns which wish to use such space for loading and unloading passengers, or to the leaseholders, tenants or record owners of the land adjacent to the space sought to be used for the purposes herein stated. Section 7. Section 36-196 of the Omaha Municipal Code is hereby amended to read as follows: Sec. 36-196. - Renewal of permit. Permits issued under the provisions of this division may be renewed upon proof of the payment of the annual permit fee, if applicable, unless such permit has been revoked, canceled or suspended. Section 8. Section 36-197 of the Omaha Municipal Code is hereby amended to read as follows: Sec. 36-197. - Cancellation of permit; restoration of street. The city reserves the right, by and through its city traffic engineer city parking and mobility division, to cancel any permit issued under the provisions of this division at any time. When any permit has been canceled, surrendered or terminated, the permit holder shall be responsible for the costs necessary to replace the street, including the curbing or sidewalk, in the same condition it was prior to the issuance of such permit. Section 9. Section 36-198 of the Omaha Municipal Code is hereby amended to read as follows: Sec. 36-198. - Permit holder's right not greater than public's. Compliance with the provisions of this division shall not give the person complying therewith any greater, different or additional rights or privileges than are provided by the ordinances of the city, or rules and regulations thereunder, relating to truck loading zones, passenger loading zones, freight loading zones, parking limit zones, parking, or taxicab stands. Such zones, as defined and enumerated herein, shall not be used by the permit holder for parking unattended motor vehicles, unless the space is authorized for valet parking. Such zones are available only for the purposes stated herein and only for the reasonable time required to accomplish such purposes. Section 10. That Omaha Municipal Code chapter 36, article VI, division 2 is amended by adding a new section 36-205, reading as follows: Sec. 36-205. - Indemnity and insurance. (a) As a condition of receiving and operating under a permit under this division, the permittee agrees that he, she or it shall indemnify, defend, and hold harmless the city from any and all damages, claims. or liability arising out of the permittee's operations under the permit or the violation of any applicable local, state or federal rules or laws. The application may include the applicant's agreement to so indemnify, defend, and hold harmless the city. (b) Every applicant for a valet permit under this division shall provide proof of, and maintain in effect, commercial general liability insurance in the amount of at least $500.000 per occurrence and at least $1.000.000 general aggregate limit. Section 11. That Omaha Municipal Code section 36-212 is hereby amended to read as follows: Sec. 36-212. - Fees imposed. For the purpose of defraying the cost to the city of regulating, supervising and policing the exercise of the privilege of parking vehicles in, along or upon the streets and in the-off-street parking areas designated as parking meter areas, there is hereby imposed a fee. Such fee shall be in such amount as shall be indicated on a particular parking meter provided for the parking space which the operator of a vehicle has entered. The sum total of such fees collected under this division shall not exceed the reasonable costs incurred by the city. Section 12. Section 36-232 of the Omaha Municipal Code is hereby amended to read as follows: Sec. 36-232. - Summary removal authorized. Authorized personnel of the city are hereby empowered to determine if a vehicle is endangering public health, welfare, and/or safety or is parked in violation of any applicable provision of this Code, state law or city ordinance, rule or regulation. The city employee may order such vehicle removed as provided in this chapter if such vehicle is found remove or authorize the removal of a vehicle from city property or right of way under any of the following circumstances: (a) To endanger the public health, welfare, and/or safety, or (b) To have any overdue tickets or warrants pending, or (c) To have been operated within the city without proof of liability insurance as provided by state law, or (d) If such vehicle is declared to be a public nuisance pursuant to section ale 170 of this Code proscribing the parking of vehicles without current annual license plates (including current in transit decals issued by a licensed motor vehicle dealer). (a) When a vehicle endangers the public health, welfare. or safety; (b) When a vehicle upon city property or right of way is stationary, and the person or persons in charge of the vehicle are incapacitated to such extent as to be unable to provide for its custody or removal; (c) When an unattended vehicle is unlawfully parked so as to constitute a hazard or obstruction to the normal movement of vehicular or pedestrian traffic; (d) When an unattended vehicle is parked unlawfully in an area designated as a tow zone by the city; (e) When a vehicle is in violation of any provision of this Code or of state law authorizing towing or removal for that violation; or (f) When towing or removal is necessary as an incident to an arrest. Section 13. Section 36-234 of the Omaha Municipal Code is hereby amended to read as follows: Sec. 36-234. - Towing of vehicles authorized. Whenever any vehicle is found coming under the provisions of this division to be subject to towing under this Code, the same shall may be removed by a police officer or other authorized city personnel and taken by him or her, or others acting under His their supervision and direction, to a garage or lot designated by the chief of police for such purpose. Section 14. Section 36-235 of the Omaha Municipal Code is hereby amended to read as follows: Sec. 36-235. - Payment of costs of removal and storage; proof of licensing and registration. A vehicle towed into a garage or lot under the provisions of this division shall not be released therefrom except upon payment by the owner to the person in charge of such garage or lot the cost of towing and daily storage, any immobilization fees, and any other administrative costs incurred by the city. A receipt for such fee costs and fees shall be issued to the owner of such vehicle. To insure that the vehicle is released to the proper owner, a vehicle towed into a garage or lot without current license plates and current registration shall not be released therefrom except upon proof of proper licensing and registration of the vehicle as required by state statute or city ordinance. No vehicle shall be released without proof of liability insurance as required by law so as to be legally operated in the State of Nebraska. In addition to any other remedy available at law, any person who believes that an impounded vehicle should be released without proper licensing and registration may petition the manager of the vehicle impound lot facility for a hearing to determine if the vehicle would not require licensing and registration under state statute or city ordinance. If it is determined that the vehicle would not require licensing and registration, no costs or fees shall be required for any period after such petition for hearing was filed. With respect to a recovered stolen vehicle, the manager of the city vehicle impound lot facility or his or her designee shall waive the required payment of the impound lot administrative fee and the daily storage fees for the first three days after notice is sent to the owner of the vehicle notifying the owner that the vehicle is available to be reclaimed. Section 15. That Omaha Municipal Code chapter 36, article VI is amended to add a new division 5 entitled "Immobilization of Parked Vehicles," consisting of new sections 36-241 through 36-248, reading as follows: DIVISION 5. IMMOBILIZATION OF PARKED VEHICLES. Sec. 36-241. - Findings and purpose. The city council makes the following findings: The parking and mobility division of the public works department is tasked with managing on-street parking within the city. Well managed parking is vital for the continued quality of life, customer satisfaction, and economic development of the downtown area and other areas where demand for parking is high or there are congested parking conditions. Motorists who visit such areas to shop, visit a business or government agency, or enjoy restaurant or other entertainment offerings find on-street parking to be essential. Proper enforcement of parking regulations ensures availability of this essential parking by creating turnover of parking spaces. Enforcement encompasses not only the issuance of citations for parking violations, but also the collection of related fines. to encourage maximum compliance with regulations and parking availability. Although parking citations are issued and related fines are assessed, it is found that motorists frequently violate parking regulations and neglect or fail to pay related fines. Motor vehicles with three or more unresolved parking citations are found and declared to be public nuisances. Accordingly, it is found that the immobilization of parked vehicles of vehicles with histories of such multiple unresolved parking violations is an essential tool to encourage compliance, for the benefit of motorists and the public welfare. The purpose of this division is to establish a program of immobilization of such repeat parking offenders, to encourage compliance with parking regulations. Section 36-242. - Definitions. For the purposes of this division, the following terms shall have the following meanings: "Business day" shall mean business hours on those days from Monday through Friday, inclusive, except for holidays on which city offices are closed. "Business hours" shall mean 8:00 a.m. through 5:00 p.m. on business days. "Eligible vehicle" shall mean any vehicle on the city's immobilization list and thereby subject to immobilization. "Immobilize" shall mean the act of placing on a vehicle a wheel lock or boot, windshield block, or other device, designed to prevent operation of the vehicle. "Parking and mobility division" shall mean the parking and mobility division of the city public works department. "Registered owner" shall mean the owner of a given vehicle, according to the current records of the department of motor vehicles of the state in which the vehicle is registered. "Right-of-way" shall mean a strip of land dedicated to the public for use as a public street, highway, alley, sidewalk, or similar public uses. "Unresolved parking citation" shall mean a parking citation issued within the city for which (1) any related fines have not been paid, (2) the fines have remained unpaid for at least 30 days since the citation was issued, and (3) the citation has not been successfully appealed by the owner or dismissed by the city prosecutor. Section 36-243. - Authorization. The parking and mobility division is hereby authorized to direct and supervise a program of vehicle immobilization for the purpose of enforcing the on-street parking rules of the city. The program of vehicle immobilization shall provide for immobilizing any eligible vehicle parked on city property or right-of-way, by placement of an immobilization device in such a manner as to prevent the eligible vehicle's operation. If the eligible vehicle is subject to immediate towing under any other section of this code, the vehicle may be immediately towed or relocated, in lieu of immobilization. As part of the immobilization program, the parking and mobility division may also establish a procedure for a self- release immobilization device, which may be removed by the registered owner, or his or her designee, in compliance with this division. Section 36-244. - Notice of impending immobilization. When a vehicle has been subject to three or more unresolved parking citations after the effective date of this ordinance, the parking and mobility division shall send to the registered owner of said vehicle a notice of impending immobilization. The notice shall be sent by regular U.S. mail to the address of the registered owner of that vehicle, according to the records of the department of motor vehicles of the state in which it is registered. The notice shall state the following: (a) Name and address of the registered owner: (b) State registration number of the vehicle to be placed on the immobilization list: (c) Case numbers or other identifying numbers of all unresolved parking citations for the vehicle to be placed on the immobilization list: (d) A statement that the failure of the registered owner. or his or her designee. to pay all fines related to the unresolved parking citations within 21 days from the date of the notice shall result in the subject vehicle being placed on the city’s immobilization list: (e) A statement that the registered owner may challenge the validity of the notice of impending vehicle immobilization by making a written request. within 21 days of the date of the notice, to the parking and mobility division. for a live hearing before the parking and mobility division to submit evidence which would disprove eligibility for the immobilization list. Section 36-245. - Immobilization. (a) If a registered owner receives a notice of impending immobilization and fails to pay all fines related to the unresolved parking citations within 21 days of the notice and fails to successfully appeal such notice, then the vehicle subject to the unresolved parking citations shall be an eligible vehicle for immobilization and shall be included on the city’s immobilization list. (b) The city may immobilize an eligible vehicle on the city’s immobilization list that is parked on city property or right-of-way. (c) Upon immobilization of an eligible vehicle, a notice shall be affixed to the vehicle in a conspicuous space. The notice shall state the following: (1) State that the vehicle is immobilized because of unresolved parking citations. and that any attempt to move the vehicle or remove the immobilization device is unlawful and may result in damage. (2) State that the unauthorized removal of or damage to the immobilizing device is a violation of section 36-247 of this Code. (3) Provide information specifying how release of the immobilizing device may be accomplished, including a phone number of the parking and mobility division or its designee. (4) State that the registered owner may. by the end of the next following business day. file a written request with the parking and mobility division for an immobilization appeal hearing. (5) State that if the immobilization fee and the fines related to the unresolved parking citations are not paid and the immobilizing device has not been released by the end of the next following business day, and there has been no appeal requested under this section, then the city may tow and impound the vehicle. (6) Provide information specifying how the registered owner may claim the vehicle, if towed and impounded. (d) The city may tow and impound an immobilized vehicle, if the immobilization fees and fines related to the unresolved parking citations for that vehicle are not paid and there has been no appeal requested under this section, by the end of the next following business day after immobilization. (e) To secure the release of an immobilization device, the registered owner of an immobilized vehicle shall, by the end of the next following business day after placement of the immobilization device, make full payment of all fines related to unresolved parking citations, plus an immobilization release fee of $50.00. Such fines and fees shall be paid to the city cashier in person, by telephone with a valid credit card, or online as may be provided by the parking and mobility division or city cashier. The parking and mobility division shall facilitate the release of immobilization devices on non-business days and during non-business hours. if full payment of fines and fees are submitted and confirmed by telephone or online or written receipt. Section 36-246. - Appeals. (a) A registered owner who is subject to or receives a notice of impending immobilization may appeal such notice to the parking and mobility division, by making a written request for appeal to the office of the parking and mobility division within 21 days from the date of the notice. The hearing will be held by an official of the parking and mobility division within two business days of the request. The parking and mobility division shall notify the registered owner of the date, time, and place of the appeal hearing. At the hearing, the registered owner may submit evidence which would disprove eligibility for the immobilization list. Evidence which would disprove eligibility for the immobilization list shall be based on the grounds that: (1) All fines and fees related to the unresolved parking citations cited in the notice have been paid in full; or (2) The subject vehicle has not accumulated three or more unresolved parking citations as cited in the notice. (b) The registered owner of an immobilized vehicle may appeal such immobilization to the parking and mobility division by making a written request for appeal to the office of the parking and mobility division by the end of the next following business day after placement of the immobilization device. The hearing shall be held by an official of the parking and mobility division within two business days of the request. The parking and mobility division shall notify the registered owner notice of the date, time, and place of the appeal hearing. At the appeal hearing, the registered owner may present evidence disproving eligibility for immobilization. Evidence which would disprove eligibility for immobilization shall be based on the following grounds: (1) The grounds stated in subsection (a) of this section: or (2) Other grounds relevant to immobilization under this division. (c) Following a hearing, the parking and mobility division official may deny the appeal. or sustain the appeal and grant the registered owner relief, including release of the immobilization device and waiver of immobilization fees. (d) A registered owner may appeal from the decision of a parking and mobility division official under this section, by appealing to the city's administrative appeals board, in the manner provided by section 2-185 of this Code. Section 36-247. - Violations. (a) It shall be unlawful for any person to remove, disable or damage any immobilization device affixed to a vehicle, or to relocate or tow any vehicle to which an immobilization device is affixed, without the approval of the parking and mobility division. (b) The parking and mobility division may allow the registered owner of the vehicle to remove an immobilization device with self-release capability if the owner deposits with the parking and mobility division the dollar value of the device, as stated by the parking and mobility division. The said deposit shall be returned to the owner if the device is returned to the city without damage. The cost of any damage shall be retained and deducted from the deposit to be returned. Section 36-248. - Severability. The sections, paragraphs, sentences, clauses and phrases of this division are severable, and if any section, paragraph, sentence, clause or phrase of this division shall be declared invalid, unenforceable, or unconstitutional by a court of competent jurisdiction, such invalidity, unenforceability or unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses and phrases of this ordinance.  Section 16. That Omaha Municipal Code chapter 36, article VIII consisting of sections 36-281 through 36-287 are hereby amended and a new section 36-288 is added, all reading as follows: Sec. 36-281. - Establishment. For the purposes hereinafter provided, the parking and mobility division of the public works department there is hereby established as the nonmovinq traffic violations bureau for the city, which shall function as a part of the office of the mayor, under the direction of the mayor or his lawful designee. Sec. 36-282. - Duties. The traffic violations bureau parking and mobility division of the public works department shall collect and account for all moneys paid in accordance with the provisions of this article, issue receipts therefor, and keep records of all payments, showing the name and time and date of payment. It shall be the duty of the director of the traffic violations bureau parking and mobility division to credit to the city such amounts as shall be collected for the payment of administrative costs. Sec. 36-283. - Waiver of appearance; guilty plea when acceptable. Whenever any person is alleged to have violated any of the provisions of article VI of this chapter or any of the offenses listed in Table 36-288 sections 36-151 through 36-190 and sections 36-200 through and including 36-221, he or she may, under such conditions as are herein prescribed herein or on the notice of violation, appear at the traffic violations bureau execute a waiver of appearance, enter a plea of guilty, and make payment of such administrative fees and penalty as shall not in the aggregate exceed the sum set by resolution of the city council set by Table 36-288. Payment may be made in person to the city cashier, and may also be made by mail or electronically, under the terms specified by the parking and mobility division. Sec. 36-284. - Notice of violation. At the time of Upon the commission of an alleged violation coming under the provisions of this article, the accused shall be served with a printed notice of the violation shall be provided to the owner or driver of the offending vehicle, or shall be affixed on a conspicuous place on the offending vehicle. The notice shall require requiring them the owner to make such appearance on or before the date specified thereof, provide for payment under such terms specified by the parking and mobility division, or allow the owner to contest the notice. The notice shall state the following and it shall apprise them: (a) The violation or violations charged as defined in this Code; (b) The amount of the fine for each violation, as stated by Table 36-288; (c) The procedures that can be used to voluntarily waive the right to a hearing, plead guilty, and pay the fine pursuant to Table 36-288; (d) The procedure that can be used to appeal from the notice of violation; and (e) The consequences for failure to resolve the notice of violation through payment of the fine or successful appeal. which may include immobilization or towing of the vehicle. (a) That upon their neglect, refusal or failure to do so, a complaint shall be issued for their arrest; (b) That they must appear at the traffic violations bureau during the hours shown on the notice; (c) Of the violation or violations charged as defined by the ordinance; (d) Of the form of waiver which they shall be required to execute and present to the traffic violations bureau in order to avail themselves of the benefits provided by this article. Sec. 36-285. - Hours. The director of the traffic violations bureau city cashier shall fix the days and the hours during which the office of the traffic violations bureau such office shall be open to the public for the transaction of business coming under the provisions of this article. Sec. 36-286. - Issuance of warrant and complaint. Whenever any person refuses, neglects or fails to comply with any of the provisions of this article, a complaint charging such violation will may be filed with the county court. In addition, unless full payment or an administrative challenge to the notice of violation is made within 30 days of the issuance of the notice of violation, any payment made after such 30 days shall result in an additional administrative fee of $20.00, to be paid in addition to any applicable parking fee. Sec. 36-287. - Administrative fee, definition, establishment. For each violation ticket paid to the traffic violations bureau city, an administrative fee in the amount set by section 36-288 by resolution of the city council shall be deducted from the payment as provided in section 36-283 and shall be deposited in the parking revenue fund of the city. The administrative fee shall represent the actual cost to the city for the operation of both the traffic violations bureau and the parking control technician operations the parking and mobility division and parking functions of the city. and The fee shall be computed on the budget allocations of both such division and functions, including the wages and fringe benefits of operating personnel and parking control technicians, operating expenses, including the cost of printing tickets and forms, postage, office supplies, office equipment, including maintenance and repair, necessary overhead, including heating and air conditioning, lights, rents, maintenance, telephone expense, contracted services, and data processing expenses. The term "parking control technician," as used in this chapter, shall include parking meter checkers and city employees designated and authorized by the public works department for parking enforcement activities. Sec. 36-288. Enforcement and penalty. (a) Prosecution of a violation of any provision of this chapter or of any parking violation shall be handled by the office of the city prosecutor. (b) The violation of any offense listed in the attached Table 36-288 shall be punished by a fine as listed for such offense in such Table 36-288. For each such fine, $9.00 of such fine shall constitute an administrative fee to defray the city's costs associated with parking enforcement, subject to any adjustments under this section. The remainder of such fine shall constitute a penalty. (c} The total amount of a fine for an offense listed in Table 36-288 shall be reduced by $6.00 if paid within 48 hours of the time of citation. The total amount of a fine for an offense listed in Table 36-288 shall be increased by $20 if not paid within 30 days of the date of the citation. Such increases and decreases shall have the effect of increasing or decreasing the administrative fee component of the fines. (d) The city may conduct studies on a periodic basis to consider adjustments to the fines provided under this section. Expired Meter $16.00 Prohibited by Sign $16.00 Prohibited by Sign – No Parking Anytime $16.00 Park Time Limited – Sign $16.00 Extending Parking Time meter $16.00 Prohibited Place $16.00 Blocking Sidewalk $16.00 Parked in Two Stalls $16.00 Freight Loading Zone $16.00 Parking on/over curb $16.00 Over Foot From Curb $16.00 Parked within three (3) feet of driveway $16.00 Parking in Alley/less than 10 feet available $16.00 Non-emergency Repair $16.00 Obstructing Traffic Parked $32.00 Vehicles Lined up in street $32.00 Dead storage on street $16.00 Stop Part Adjacent to School $16.00 Parked on Narrow Street $16.00 Park Near Hazardous Place $16.00 Park Restriction $16.00 Park Emergency Snow Route $48.00 Used Vehicle for Advertising $32.00 Passenger Loading Zone $16.00 Truck Loading Zone $16.00 Taxi Parking Only $16.00 Parking in Bus Stop $32.00 Slug/Deposit in Meter $32.00 Facing Wrong Direction $16.00 Expired Plates $100.00 Street Sweeping $16.00 Fire Hydrant within 15 feet $32.00 Compact Vehicle Only $16.00 Back in Parking Only $16.00 Parked within 30 feet from Stop Sign $16.00 Not Parked Parallel $16.00 Blocking HDCP Ramp $48.00 No Plate No In Transit $100.00 Government Parking Only $16.00 Park 30 feet from Intersection $16.00 Blocking crosswalk $16.00 Trailer parked on Street – Not Attached to vehicle $16.00 Parked within 15 feet of Fire Station Driveway $32.00 Angle Parking by Sign $16.00 Parked on one way road $16.00 Stop park congested street $16.00 Stop park railroad track $32.00 Sell from vehicle on street $32.00 Snow removal zone general $48.00 Loading zone no permit $16.00 Failure to process coin $16.00 Food Truck – No Permit $48.00 Food Truck – Not parked Parallel $16.00 Food Truck – Generator on Right of Way $16.00 Oversized vehicle parked on street $16.00 Section 17. Sections 36-170, 36-190, 36-192, 36-193, 36-194, 36-195, 36-196, 36-197, 36-198, 36-212, 36-232, 36-234, 36-235, 36-281, 36-282, 36-283, 36-284, 36-285, 36-286, and 36-287 of the Omaha Municipal Code as heretofore existing are hereby repealed. Section 18. This ordinance shall be in full force and take effect 15 days from and after the date of its passage.

 

First Reading May 7, 2019; Second Reading and Public Hearing May 14, 2019; Third Reading and Vote May 21, 2019

 

PASSED: May 21, 2019: 7-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

5-29-19

______

 

 

ORDINANCE NO. 41835

AN ORDINANCE to accept the bid of Pay-Less Office Products to provide Janitorial Supplies for the Omaha Fire Department; the term of the agreement is for one year at a total cost of $27,879.08 with the City of Omaha having two (one year) options to renew the agreement at no increase in cost; and to provide an effective date hereof; WHEREAS, Pay-Less Office Products submitted a bid of $27,879.08 for one year, with the City of Omaha having two (one year) options to renew the agreement at no increase in cost; WHEREAS, the bid of Pay-Less Office Products in the amount of $27,879.08 was the lowest and best bid which met or exceeded specifications is attached hereto and by this reference made a part hereof; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That the attached bid of Pay-Less Office Products, involving the payment of money from appropriations of more than one year in accordance with Section 5.17 of the Home Rule Charter of the City of Omaha 1956 as amended, in the amount of $27,879.08, in accordance with the attached specifications for Janitorial Supplies for the Omaha Fire Department for one year, with the City of Omaha having two (one year) options to renew the agreement at no increase in cost, is hereby accepted and the Mayor of the City of Omaha is authorized to execute any further agreement which may be necessary to implement such a bid; Section 2. That the City Finance Department is hereby authorized to make the payments contemplated by the accepted bid, with such sums to be paid from the appropriations for the Omaha Fire Department, Fund 11111 , Organization 114562, Account 43221. Section 3. That this Ordinance, not being of a legislative character, shall be in full force and take effect on its date of passage.

 

First Reading May 7, 2019; Second Reading and Public Hearing May 14, 2019; Third Reading and Vote May 21, 2019

 

PASSED: May 21, 2019: 7-0

City of Omaha

Jean Stothert,

 Mayor

Elizabeth Butler,

City Clerk

 

5-29-19

______

 

ORDINANCE NO. 41807

AN ORDINANCE to amend Omaha Municipal Code Chapter 18, by creating a new article to prohibit the use and distribution of single use plastic carryout bags at certain retail business establishments; to provide findings of legislative intent, definitions, regulations, and exceptions; to reserve future sections of the Omaha Municipal Code; and to provide an effective date hereof. BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. Chapter 18 of the Omaha Municipal Code is amended to reserve Sections 18- 107 through 18-109. Section 2. Chapter 18 of the Omaha Municipal Code is amended to include a new article, Article XI, by adding the followings sections, numbered 18-110 through 18-113, reading as follows: ARTICLE XI. PROHIBITION OF SINGLE USE PLASTIC CARRYOUT BAGS Sec. 18-110. Legislative Intent and Purpose. (a) Intent and purpose of this article. (1) The City Council is dedicated to preserving and protecting the health, safety, and welfare of all citizens and other inhabitants of the City, including the environment in which we live and work in. (2) The City Council finds that the rapidly rising volume of waste deposited by society threatens the capacity of existing and future landfills, and the reduction of solid waste at the source and the recycling of reusable waste materials will reduce the flow of waste to these landfills. (3) The City Council further finds that the accumulation of single use plastic carryout bags in the storm water sewer system, trees, and City parks increase the costs of City maintenance, present a hazard to wildlife, and interfere in the use and enjoyment of public spaces by members of the public, therefore creating a nuisance which is offensive to the senses, interferes with the quite enjoyment of life and property, and injures or endangers the comfort, repose, health, and safety of others. (4) As a result, the City Council determines that not producing waste in the first instance is the most certain means for avoiding the widely recognized health and environmental damage and costs associated with single use plastic carryout bags. (5) It is hereby declared to be the legislative intent of the City Council to protect and preserve the public health, safety, and welfare from these hazards by prohibiting the use and distribution of single use plastic carryout bags at retail business establishments within the city limits of the City of Omaha. Sec. 18-111. Definitions. For purposes of this article: (a) "Retail business establishment" shall mean any person, corporation, partnership, business venture, business establishment, sole proprietor, or vendor  that sells or provides merchandise, goods, or materials including, without limitation, clothing, food, beverages, household goods, or personal items of any kind directly to a customer or consumer who will use or consume such item. The term includes, but is not limited to, department stores, clothing stores, jewelry stores, grocery stores, pharmacies, home improvement stores, liquor stores, convenience stores, gas stations, restaurants, general merchandise stores, seasonal and temporary businesses or vendors, household goods stores, entertainment or sports venues. and specialty stores. Retail business establishment shall not include any business, establishment, or vendor occupying facilities of 10,000 square feet or less. (b) "Carryout bag" shall mean a bag provided by a retail business establishment to a customer typically at the point of sale for the purpose of transporting purchases. (c) "Reusable carryout bag" shall mean a carryout bag that is specifically designed and manufactured for multiple reuse, and meets the following criteria: (I) Displays in a highly visible manner on the bag exterior language describing the bag's ability to be reused and recycled; (2) Has a handle; and (3) Is constructed out of either: (i) Cloth, other washable fabric, or other durable materials whether woven or non-woven; or (ii) Recyclable plastic with a minimum thickness greater than 2.5  mil. (d) "Single use paper carryout bag" shall mean a carryout bag that is manufactured of 100% recyclable paper and contains a minimum of 40% postconsumer recycled content. Single use paper carryout bags may contain handles but are not required to. (e) " Single use plastic carryout bag" shall mean a carryout bag that is manufactured of plastic or plastic derivatives with a thickness of 2.25 mil or less. Sec. 18-112. Carryout Bag Regulations for Retail Business Establishments. (a) A retail business establishment shall not provide single use plastic carryout bags to its customers or to any other person. (b) A retail business establishment may provide or sell reusable carryout bags or single use paper carryout bags to its customers or to any other person. Sec. 18-113. Exemptions. (a) This article does not apply to: (1) Laundry dry cleaning bags, door-hanger bags, newspaper bags, or packages of multiple bags intended for use as garbage, pet waste, or yard waste bags; (2) Bags used by a consumer inside a retail business establishment to: (i) Contain bulk items, such as produce, nuts, grains, candy, or small hardware items; (ii) Contain or wrap frozen foods, meat, or fish, whether or not prepackaged; (iii) Contain or wrap flowers, potted plants, or other items to prevent moisture damage to other purchases; or (iv) Contain unwrapped prepared foods or bakery goods. Section 3. Chapter 18 of the Omaha Municipal Code is amended to reserve Sections 18- 114 through 18-119. Section 4. The sections, subsections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable, and if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance shall be declared invalid, unenforceable, or unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such invalidity, unenforceability, or unconstitutionality shall not affect any of the remaining sections, subsections, paragraphs, sentences, clauses, or phrases of this Ordinance. Section 5. That this Ordinance shall be in full force and take effect on January 1, 2022.

 

First Reading April 16, 2019; Second Reading and Public Hearing April 23, 2019; Third Reading and Vote May 21, 2019

 

PASSED: May 21, 2019: 4-3

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

5-29-19

______

 

SPECIAL ORDINANCE NO. 10260

A SPECIAL ORDINANCE LEVYING A SPECIAL TAX AND ASSESSMENT ON CERTAIN LOTS, PARTS OF LOTS AND PIECES OF REAL ESTA TE IN THE CITY OF OMAHA, TO COVER THE COST OF SIDEWALK SNOW REMOVAL IN DISTRICT NO. SWSR 2018-01. WHEREAS: It having been and being hereby adjudged, determined and established that the several lots and pieces of real estate hereinafter referred to have each been specially benefited to the full amount herein levied and assessed against each of said lots and pieces of real estate, respectively, by reason of clearing snow and ice from such sidewalks along and adjoining the said lots and pieces of real estate. THEREFORE, for the purpose of paying the cost incurred for said snow and ice removal along and adjoined the said lots and pieces of real estate, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: SECTION I. That the cost of clearing snow and ice from such sidewalks along and adjoining the several lots and pieces of real estate in the City of Omaha, herein described be and hereby is levied and assessed according to special benefits by reason of the clearing of snow and ice from such sidewalks upon the following lots and pieces of real estate, as shown by the maps and plats on file in the office of the City Engineer of said City, said costs being so levied on said lots and pieces of real estate, respectively. SECTION 2. The special tax levy shall be due and payable at the date of the levy. The special tax levy shall become delinquent fifty (50) days from and after the passage and approval of this Ordinance; from and after becoming delinquent shall bear interest at the rate of one percent (1.00) per month until paid. SECTION 3. That the entire amount of tax so levied and assessed on any of said lots, or the entire equal pro-rate proportion of said tax on any of said lots may be paid by any person on any part of said lots within fifty days from said levy and, thereupon, said lots or parts of lots shall be exempt from any lien or charge thereto. SECTION 4. That this Special Ordinance shall take effect fifteen days after its passage and be in force thereafter.

 

First Reading April 30, 2019; Second Reading and Public Hearing May 7, 2019; Third Reading and Vote May 21, 2019

 

PASSED: May 21, 2019: 7-0

City of Omaha

Jean Stothert,

Mayor

Elizabeth Butler,

City Clerk

 

5-29-19

______