State Statutes and City Ordinances

Effecting Riverside Lakes Residents

State Statutes and local Ordinances are not driven by the covenants of Riverside Lakes. All residents and guests are subject to NE State Statutes and local Ordinances, (this document), whether on water or land. The NE State laws and local Ordinances supercede the authority of our covenants in selected areas.

All streets in Riverside Lakes are dedicated public residential roads. They are subject to all state and local ordinances applying to vehicles on residential roads, including maximum 25 miles per hour speed limit. Also see: City of Omaha Municipal Codes .

All Terrain Vehicles
Bicycles
Dogs
Helmets
Mopeds
Motorcycles
Mufflers
Nuisance
Outdoor Storage
Snowmobiles
Trees, Plants and Shrubs
Removal of Hazards

ALL TERRAIN VEHICLES (ATVs)

No all-terrain vehicle can operate on any public road except during a parade authorized by the State of Nebraska or one of its subdivisions. 60-6,356. Violation of this statute is a Class III misdemeanor.

The same rule applies to all minibikes and similar 2-wheel, 3-wheel, or 4-wheel vehicles.

BICYCLE(S)

Bicycles can operate on Nebraska highways as near to the right-hand side as possible. Bicycle operators are subject to all pertinent sections of the Nebraska Rules of the Road. 60-6,314.

DOGS

Owners of dogs (and cats) must comply with applicable laws of county, city or village related to dogs and cats.

All dog owners must place a collar on the dog, which contains a metal plate plainly inscribed with the name of such owner. 54-605. If a dog is running at large, its owner is subject to a statutory fine. 54-607. A dog is running at large when it leaves the owner's premises and goes upon the private premises of others or upon a public street or highway, and no one having control of it is near. 54-608; Nehr v, State, 35 Neb. 638.

A dog is personal property, and the owner is strictly liable for any and all damage to any person (other than a trespasser)or property that is caused by the dog's biting, chasing, or other harmful act. 54-601;Paulsen v. Courtne , 202 Neb.791. The merely playful acts of dogs do not give rise to a cause of action or damages under this statute, however. Donner v. Playmate 193 Neb. 647.

Any person has the right to kill any dog that does any of the things prohibited by 54-601 (see above). A dog that assails people along a public road is a nuisance and may be killed by the person assailed. 54-604; Nehr v. State, supra.

In counties of more than 80,000 inhabitants, it is unlawful for any person to have any dog that is running at large. 54-608. In these counties, the poundmaster shall investigate all complaints and, if it appears the complaint is founded on fact, shall take the dog into custody and shall file a complaint in county court against the offender. If found guilty, the owner or possessor of the dog can be fined, and the offending dog can be disposed of if the court orders it. 54-610, 61 1.

HELMET(S)

Helmets are required for operators and passengers of motorcycles and mopeds. 60-6,279.

Mini-bikes, see ATVs and Motorcycles

MOPED(S)

Every driver of a moped must have a valid class O operator's permit. 60-6,3 10. Drivers of mopeds are subject to Nebraska Rules of the Road. 60-6,311. Mopeds cannot be operated on the interstate systems or on sidewalks; they never can travel at a speed greater than 30 mph. 60-6,313.

All operators and passengers on mopeds must wear a helmet. 60-6,279.

Motor bikes, see ATVs and Motorcycles

MOTORCYCLE(S)

See also Motorcycle Operator Manual published by the State of Nebraska, Department of Motor Vehicles

Every motorcycle operator must hold a valid driver's license with a motorcycle endorsement and is subject to all Nebraska Rules of the Road. 60-6,306. Helmets are required for all operators and passengers. 60-6,279.

It is unlawfull to operate a motorcycle until it has been registered and licensed by the State. License plates and registrations are available from the county treasurer upon proof of ownership, proof of insurance, and payment of a fee.

Every motorcycle shall be equipped with at least one and not more than two head lamps and with a lamp on the rear exhibiting a red light that is visible from a distance of at least 500 feet.

The head lamp(s) must be on at all times when operating a motorcycle.

There must be a brake on at least one wheel, and it must be maintained in good working order at all times.

No motorcycles, motor-bikes, and motor scooters having engines of less than 45 cubic centimeters displacement or a seat height of less than 25 inches from the ground or which have a total wheel or tire diameter of less than 14 inches can be registered or operated on a public roadway.

MUFFLER(S)

Every vehicle shall be equipped, maintained and operated so as to prevent excessive or unusual noise ... and ... must have a muffler or other effective noise-suppression system in good working order and in constant operation. 60-6,286.

NUISANCE

A person commits the offense of maintaining a nuisance if he erects, continues, or maintains any nuisance to the injury of any citizen of this state, which is a Class III misdemeanor. 29-1321

OUTDOOR STORAGE

(d)(1) Outdoor storage is prohibited in all zoning districts except the 1-2 General Industrial District or where incidental to and for the following uses: See section 16.235for use types: Agricultural, Civil, Commercial, Industrial.

(2) Vehicles or trailers of any kind or type that are not operating, that do not have current license plates, or that are partially dismantled, wrecked,  junked, or discarded, shall not be parked or stored for longer than seven (7) days on any property other than a vehicular storage area or scrap and salvage yard unless within a completely enclosed building. Ord. 270 § 8.9, Aug. 11, 1992; Ord. 348 § 16.240, Nov. 12,1996; Ord. 395 § 2, December 9, 1998. Cross-reference: City Municipal Code, Chapter 10.

SNOWMOBILE(S)

Snowmobiles must be registered with the State, and the numbered plate must be affixed to the snowmobile (60- 6,322) unless it is operated on land which is owned or leased by the snowmobile owner. 60-6,326. A Nebraska driver's license is not required.

A snowmobile cannot be operated by anyone under the age of 12 unless accompanied by an adult. A snowmobile cannot be operated by anyone under the age of 16 unless s/he:

1. Holds a valid snowmobile safety certificate;

Violation of this section is a Class III misdemeanor. 60-6,340.

TREES, PLANTS, AND SHRUBS

Every owner of real property has a duty to remove any tree, plant, shrub, or other obstruction which obstructs the view of any driver so as to constitute a traffic ha7,1 d. 39-308.

Selected Statutes and Rules

28-1321. Maintaining a nuisance; penalty; abatement or removal. (1) A person commits the offense of maintaining a nuisance if he erects, keeps up or continues and maintains any nuisance to the injury of any part of the citizens of this state.

(2) The erecting, continuing, using, or maintaining of any building, structure, or other place for the exercise of any trade, employment, manufacture, or other business which, by occasioning noxious exhalations, noxious or offensive smells, becomes injurious and dangerous to the health, comfort, or property of individuals or the public; the obstructing or impeding, without legal authority, of the passage of any navigable river, harbor, or collection of water; or the corrupting or rendering unwholesome or impure of any watercourse, stream, or water; or unlawfully diverting any such watercourse from its natural course or state to the injury or prejudice of others; and the obstructing or encumbering by fences, building, structures or otherwise of any of the public highways or streets or alleys of any city or village, shall be deemed nuisances.

(5) The court, in case of conviction of such offense, shall order every such nuisance to be abated or removed.

39-308. Removal of traffic hazards; determined by Department of Roads and local authority; violation; penalty. It shall be the duty of the owner of real property to remove from such property any tree, plant, shrub, or other obstruction, or part thereof, which, by obstructing the view of any driver, constitutes a traffic hazard. When the Department of Roads or any local authority determines upon the basis of engineering and traffic investigation that such a traffic hazard exists, it shall notify the owner and order that the hazard be removed within ten days. Failure of the owner to remove such traffic hazard within ten days shall constitute a Class V misdemeanor, and every day such owner fails to remove it shall be a separate offense.

54-601. Dogs; personal property; owner liable for damages. Dogs are hereby declared to be personal property for all intents and purposes, and the owner or owners of any dog or dogs shall be liable for any and all damages that may accrue (1) to any person, other than a trespasser, by reason of having been bitten by any such dog or dogs and (2) to any person, firm, or corporation by reason of such dog or dogs killing, wounding, injuring, worrying, or chasing any person or persons or any sheep or other domestic animals belonging to such person, firm, or corporation. Such damage may be recovered in any court having jurisdiction of tile amount claimed.

54-610. Dogs in counties having a population of 80,000 inhabitants or more; poundmaster; duties; filing complaint. In counties having a population of eighty thousand or more inhabitants and cities of the first class contained in such counties, whenever complaints are made to the poundmaster or the person or corporation performing the duties of poundmaster that a dog is at large or doing damage to public or private property, it shall be the duty of such poundmaster, person, or corporation to investigate such complaint. If upon such investigation it appears that the complaint is founded upon facts, it shall be the duty of such poundmaster, person, or corporation to take such dog into custody and file or cause to be filed a complaint in the county court against such person, fim, partnership, limited liability company, or corporation owning, keeping, or harboring such dog charging a violation of sections 54-601 and 54-608 to 54-61 1.

Also see: City of Omaha Municipal Codes

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