Village of Maskell Ordinances

The Village of Maskell has ordinances going back over one hundred years.  Many of them had to do with financial decisions made for the Village.  This page has more recent ordinances and may contain links to longer ordinances.

ORD.  2005-11-1

PROVIDE FOR THE ADOPTION OF A DROUGHT EMERGENCY CONTINGENCY PLAN, TO ESTABLISH PROCEDURES FOR RESTRICTION OF WATER USE AND INCREASE OF WATER FEES m THE EVENT OF WATER SHORTAGES OR Lnv11TED SUPPLIES, AND TO IMPOSE PENALTIES FOR NONCOMPLIANCE AND TO REPEAL PRIOR AND CONFLICTING PROVISIONS.
BE IT ORDAINED by the Chairman and Village Board of the Village of Nebraska;
That Title 3, Chapter 3, Section 3-325 of the Village Code of Nebraska be created to read as follows:
3-325: ADOPTION OF DROUGHT EMERGENCY CONTNGENCY PLAN: The Village of  shall address any short-term water shortage problems through a series of stages based on conditions of supply and demand with accompanying triggers, goals, and actions. Each stage is more stringent in water use than the previous stage since there will be a greater deterioration in water supply conditions. The Chairman of the Board is hereby authorized to implement the appropriate conservation measures as set forth in this section, when any of the conditions have been reached which would qualify for any of the specific stages. "Ihe Chairman of the Board is given discretion to declare each particular stage as deemed appropriate by the Chairman of the Board by reviewing the severity of the trigger conditions and other additional information, and is further authorized to implement conservation measures within the guidelines provided for each particular stage.
STAGE ONE: WATER WATCH
This stage is triggered by any one of the following conditions:
l. Ground water levels have fallen five feet below normal seasonal levels.
  1. System pressure falls below 35 pounds per square inch.
  2. Demand for one day is in excess of 500,000 gallons per day.
GOALS:
The goals of this stage are to heighten awareness of the public of the water conditions and to maintain the integrity of the system.
MANAGEMENT ACTIONS:
1 - Leaks will be repaired within 48 hours of detection.
2. The Village will monitor its use of water and will curtail activities such as hydrant flushing and street cleaning-
REGULATION ACTIONS:
The public will be informed through the local media of the water watch and be asked to voluntarilv reduce outdoor water use and to efficiently use water for indoor purposes, for example, washing full loads of clothing and/or dishes, limiting the length and frequency of showers, checking for water leaks and dripping of faucets, to prevent any unnecessary use of waters
STAGE TWO: WATER WARNNG
This stage is tiggered by any one of the following conditions:
l. Ground water levels have fallen ten feet below normal seasonal levels.
2. System pressure falls below 35 pound per square inch.
  1. Plant operations are at 80% capacity for more than three consecutive days.
  2. Demand for one day is in excess of 500,000 gallons per day.
GOALS:
The goals of this stage are to reduce peak demands by 20% and to reduce overall weekly consumption by 10%.
MANAGEMENT ACTIONS:
  1. Water supply will be monitored daily.
  2. Leaks will be repaired within 24 hours of detection.
  3. Pumpage at wells will be reduced to decrease drawdown and to maintain water levels over well screens.
4- Village will curtail its water usage, including watering of Village grounds and washing of vehicles.
REGULATION ACTIONS: In addition to the regulation actions under Stage One, the following regulatory authority may be exercised by the Chairman of the Board:
l . An odd/even lawn watering system will be imposed on Village residents. Residents with oddnumbered houses will water on odd days, even-numbered houses, on even days.

Outdoor water use, including lawn watering and car washing will be restricted to before 10:00
a.m. and after 9:00 p.m.
  1. Refilling of swimming pools will be limited to one day a week after sunset.
  2. Excess water use charges for usage of water over the amount used in the winter will be imposed at a rate twice the normal rate for water usage.
  3. Waste of water will be prohibited.
STAGE THREE: WATER EMERGENCY
This stage is triggered by any one of the following conditions:
  1. Ground water levels have fallen 15 feet below normal seasonal levels.
  2. System pressure falls below 35 pounds per square inch.
  3. Pumping lowers water levels to within five feet of the top of the well screens.
  4. Plant operations are at 90% capacity for more than three consecutive days.
  5. Demand for one day is in excess of 500,000 gallons per day.
GOALS:         
The goals of this stage are to reduce peak demands by 50% and to reduce overall consumption by 25%.
EDUCATION ACTIONS:
I . The Village will make news releases to local media descnbing current conditions and indicate the water supply outlook for the Village.
2. The Village will hold public meeting(s) to discuss the emergency, the status of the water supply and further actions which need to be taken.
MANAGEMENT ACTIONS:
I - The Village water supplies will be monitored daily.
  1. Leaks will be repaired within 24 hours of detection.
  2. Standby wells will be activated for contingency operation-
  3. Pumpage at wells will be reduced to decrease drawdown and to maintain water levels over well
screens.
  1. Village will seek additional emergency supplies from other users, the state or federal government.
REGULATION ACTIONS: In addition to the regulation actions available under Stage Two, the following regulatory authority may be exercised by the Chairman of the Board:
l . Outdoor water use will be banned, except for businesses which require outdoor water use to operate.
2. Waste of water will be prohibited.
ENFORCEMENT: In the event that any water consumer fails to comply with the regulatory action taken by the Village, then the Chairman of the Board may direct the immediate discontinuance of water service to the location which is not in compliance with the restrictions imposed. Water service may be resumed upon the Chairman of the Board being provided adequate evidence to show that compliance has been instituted and that compliance will continue under the restrictions imposed.
SECTION TWO: All ordinances or portions thereof inconsistent with this ordinance are hereby repealed.  rlhis ordinance shall be in full force and effect from and after its publication according to law.
SECTJQNJHREE=' This ordinance shall be published in pamphlet form and shall take effect as provided by law.

ORD. 6-12-2003

​​​Ordinance No. 61203
AN ORDINANCE OF THE VILLAGE OF MASKELL, NEBRASKA, REGULATING
THE DRILLING AND OPERATION OF ANY WATER WELL WITHIN THE
VILLAGE LIMITS: PROVIDING RESTRICTIONS ON THE OPERATION OF CERTAIN FACILITIES WITHIN THE VICINITY OF ANY MUNICIPAL WATER WELL: PROVIDING A PENALTY FOR VIOLATION OF THIS ORDINANCE:
PROVIDING A PREPEAL OF ALL CONFLICTING ORDINANCES OR PARTS OF ORDINANCES: AND PROVIDING A TIME WHEN THIS ORDINANCE GOES INTO FORCE AND EFFECT.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF MASKELL, NEBRASKA:
Section 1. That the Village of Maskell is hereby adopting Ordinance #61203.
Section 2. DRILLING AND OPERATION OF WELLS AND OTHERCATEGORY
DISTANCE

Non-potable Water Well
1 ,OOO feet

Sewage Lagoon
1 ,OOO feet

Absorption or Disposal Field for Waste
500 feet

UNDERGROUND FACILITIES WITHOUT PERMIT UNLAWFUL. From and after the effective date of this ordinance, it shall be unlawful for any person, corporation or other legal entity to drill and/or operate any of the following facilities within the corporate limits of the Village of Maskell without first having obtained the proper permit from the governing body of the Village of Maskell; potable water well; any other well; sewage lagoon; absorption or disposal field for water; cesspool; dumping grounds; feedlots; livestock pasture or corral; chemical product storage facility; petroleum product storage facility; pit toilet; sanitary landfill; septic tank; sewage treatment plant; sewage wet well.
Section 3. PROCEDURE TO OBTAIN PERMIT. In order to obtain a permit to drill and/or operate any of the facilities listed in Section 2, the owner of the property on which the proposed facility is to be located must make application on the proper form provided by the governing body of the Village of Maskell. Such application must be presented to the Village Board of Trustees at any regular or special meeting. After reviewing the application of any person desiring to drill or operate any of the above-described facilities, the Village Board of Trustees shall approve or deny said permit.
Section 4. DRILLING OR INSTALLATION OF OTHER FACILITIES WITHIN DESIGNATED DISTANCE FROM MUNICIPAL WATER SOURCES: PROHIBITED. Under no circumstances shall the Village Board of Trustees approve any permit to drill or operate any of the below-described facilities within the indicated number of feet from any Village of Maskell municipal water well:
CATEGORY                                                  DISTANCE
Cesspool                                                     500 feet
Dumpfeet
Feedlot or Feedlot Runoff                                     500 feet
Corral                                                                          500 feet
Pit Toilet                                                                       500 feet
Sanitary Landfill                                                        500 feet
Chemical or Petroleum Product Storage           500 feet
Septic Tank                                                                 500 feet
Sewage Treatment Plan 500 feet Sewage Wet Well    500 feet
Sanitary Sewer Connection 100 feet Sanitary Sewer Manhole 100 feet
Sanitary Sewer Line                                                 100 feet
Sanitary Sewer Line (permanently water tight) 100 feet
Section 5. PENALITIES AND ABATEMENT PROCEDURE. In the event any of the above described facilities are installed or operated without first having obtained a permit from the Village of Maskell and/or within the designated number of feet from any municipal water supply, then such facilities shall be deemed a nuisance and the governing body shall abate such facility as a public nuisance. In addition thereto, any person violating any of the terms of this ordinance is hereby determined to be "guilty" of a class 3 misdemeanor as the same is defined by Nebraska law for the violation of a Class 3 misdemeanor.
Section 6. This ordinance shall go into force and effect from and after its passage, approval and publication or posting as required by law.

ORD. 21-002

Ordinance No. 21001
 
AN ORDINANCE OF THE VILLAGE OF MASKELL, NEBRASKA REGULATING THE KEEPING, STORING OR ABANDONING OF NON-FUNCTIONAL MOTOR VEHICLES WITHIN THE VILLAGE LIMITS: PROVIDING RESTRICTIONS THEREON; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE; AND PROVIDING A TIME WHEN THIS ORDINANCE GOES INTO FORCE AND EFFECT.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF MASKELL, NEBRASKA:
Section 1.  That the Village of Maskell is hereby adopting Ordinance # 21001.
Section 2.   KEEPING, STORING, OR ABANDONING OF ANY NON_FUNCTIONING MOTOR VEHICLE UNLAWFUL.  From and after the effective date of this ordinance, it shall be unlawful for any person, corporation or other legal entity to keep, store or abandon any motor vehicle upon land within the corporate limits of the Village of Maskell, subject to the exclusions herein.  Storage of any non-functioning motor vehicle within a garage or other existing building is allowed under this ordinance.  Further, the keeping of a personal non-functional vehicle for a period of thirty (30) days on property of a resident for the purposes of repairing the vehicle to functioning state is allowed under this ordinance.
Section 3.  Definitions: for the purpose of this ordinance, the following definitions shall apply:
(A) Abandoned vehicle, defined.
(1) A motor vehicle is an abandoned vehicle:
(a) If left unattended, with no license plates, valid registration tag or valid In Transit stickers issued pursuant to the Motor Vehicle Registration Act affixed thereto, for more than six hours on any public property or any private property within the Village of Maskell;
(b) If left unattended for more than seven days on private property, if left initially without permission of the owner, or after permission of the owner is terminated;
(2) An all-terrain vehicle, a utility-type vehicle, or a minibike is an abandoned   vehicle:
(a) If left unattended for more than forty-eight hours on any public property, except a portion thereof on which parking is legally permitted;
(b) If left unattended for more than seven days on private property if left initially without permission of the owner, or after permission of the owner is terminated;
(3) A mobile home is an abandoned vehicle if left in place on private property for more than thirty days after a local governmental unit, pursuant to an ordinance or resolution, has sent a certified letter to each of the last-registered owners and posted a notice on the mobile home, stating that the mobile home is subject to sale or auction or vesting of title as set forth in Nebraska Statute section 60-1903 and this ordinance.
(4) For purposes of this section:
(a) Mobile home means a movable or portable dwelling constructed to be towed on its own chassis, connected to utilities, and designed with or without a permanent foundation for year-round living. It may consist of one or more units that can be telescoped when towed and expanded later for additional capacity, or of two or more units, separately towable but designed to be joined into one integral unit, and shall include a manufactured home as defined by state statute and a shipping container which is not permanently affixed to the property. Mobile home does not include a mobile home or manufactured home for which an affidavit of affixture has been recorded pursuant to Nebraska statute section 60-169.
(b) Public property means any public right-of-way, street, highway, alley, or park or other state, county, or municipally owned property; and
(c) Private property means any privately owned property which is not included within the definition of public property.
(B) Non-functioning, defined as: being in a state of non-operation or disrepair, not
                due to lack of fuel and, therefore, unable to move under its own power;
                lacking those fundamental elements of a motor vehicle that are necessary for   
                operation; and or lacking those required elements of a motor vehicle included
                current licensure and registration, which are required by state law for
                operation of a motor vehicle on the highways and streets of Nebraska.
    
          (C)  Keeping, defined as: possessing; holding for another person or entity; being             
                 the person or entity responsible for the non-functioning vehicle, either by title   
                 or delegation and designation.
 
          (D)  Storing, defined as: keeping a non-functioning vehicle upon the land of the
                 resident, but not when within a garage, shed, or other enclosed building, for
                 purposes of this ordinance.
  
Section 4.  ENFORCEMENT
  1.  Any violation of this ordinance which comes to the attention of the Board of the Village of Maskell shall be enforced as follows:
 
  1.  Upon the direction of the Board of the Village of Maskell, a letter of violation
 shall be sent to the resident or owner of the nonfunctioning motor vehicle by    
 the Maskell Clerk/treasurer.  The letter of violation shall contain:
  1.  The date of the letter;
  2.  A description and location of the violation, including the appropriate portions of this ordinance;
  3. Notice to the violator that they have ten (10) days from the date of the violation letter in which to remedy the violation by removing it from their property OR responding to the Board with any information and/or evidence showing that the ordinance has not been violated.
 
  1.  If there is no response from the violator to the letter of violation after ten (10) days from the date of the letter, the Board will make a finding that the violator
is in violation of the ordinance and the Board shall assess a penalty of $ 25
(twenty-five dollars) per week until such time as the violation is remedied, or
the penalty exceeds $600, at which time, the Board will bring suit against the violator for the amount of the accumulated penalty, plus the cost of removing
the violation from the resident’s property.
 
  1. If the violator makes a response to the letter of violation, the Board shall set a time, place, and date to hear the evidence of the violator and to make a determination as to whether or not there is a violation of this ordinance.  If a  violation is found, the penalty shall be as described in subsection (2) above.
Section 5.   TIME THAT ORDINANCE SHALL GO INTO EFFECT.
              This ordinance shall go into force and effect from and after its passage, approval and signing, and publication and posting, as required by law.

Amendment to ORD 93-2

Any customer refusing to report on possible cross connections on their premises, refusing to install the necessary backflow prevention devise, or failing to have a testable backflow prevention device tested at least annually shall be in violation of this ordinance and may have their water service discontinued.  Any customer who has had their service discontinued for violation of this ordinance shall be subject to a fifty dollar ($50) reconnect fee to have the service reinstated after supplying proof that the potential cross connection has been eliminated or properly protected.

See Some Examples