ORDINANCE NO. 2020-5
AN ORDINANCE OF THE VILLAGE OF WALTHILL, NEBRASKA, ESTABLISHING A CURFEW TO MITIGATE THE COMMUNITY SPREAD OF COVID-19; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS Nebraska law permits the Village's Board of Trustees to pass ordinances, resolutions, rules, and regulations consistent with the peace, good government, and welfare of the Village, including those to prevent the introduction and spread of contagious diseases within the Village, see Neb. Rev. Stat. §§ 17-207 (Cum. Supp. 2018) and 17-505 (Cum. Supp. 2018); and
WHEREAS the Board of Trustees has determined a curfew is necessary at this time to mitigate the community spread of COVID-19 by reducing the risk of exposure during a time of outbreak;
NOW, THEREFORE, BE IT ORDAINED BY THE CHAIRPERSON AND BOARD OF TRUSTEES OF THE VILLAGE OF WALTHILL, NEBRASKA:
Section 1. Due to the emergency created by COVID-19 and the increased risk of infection by public gatherings and person-to-person contact, a curfew shall be and hereby is imposed within the corporate limits of the Village of Walthill, Nebraska, for the hours between 9:00 p.m. and 5:00 a.m., seven (7) days a week. This curfew shall apply to all persons within the Village. During such curfew, no person shall be or remain in any public place whatsoever within the Village, provided, however, this curfew shall not apply to:
A. Public safety or emergency service activities, including, but not limited to, law enforcement, fire and rescue, public health personnel, emergency management, and other first responders;
B. Persons employed by or contracted with utility, cable, and telecommunications services and actively engaged in activities necessary to restore or maintain those services;
C. U.S. mail; private delivery services; food delivery services, including, but not limited to, those provided by any school within the Village; and sanitation services;
D. Persons supplying or restocking businesses that provide essential services or products, such as groceries and other foodstuffs, fuel, medicines, and items necessary for critical infrastructure or public safety;
E. Persons employed by the federal, state, county or Village government working within the course and scope of their employment;
F. Persons who are homelss; and
G. Persons traveling directly and nonstop from the Village to ultimate destinations located outside the Village, traveling directly and nonstop to the Village from locations outside the Village, and traveling directly and nonstop through the Village to other locations.
Section 2. Any person who violates this Ordinance shall be warned only upon a first-time violation; any person who violates this Ordinance for a second or subsequent time shall be deemed guilty of an offense and shall be punished as provided generally in § 2-601 the Village Code, to wit: a fine in an amount of not more than $500.00 for each violation, recoverable with costs.
Section 3. Any ordinance or part thereof passed and approved prior to the passage, approval, and publication or posting of this Ordinance and in conflict herewith is hereby repealed.
Section 4. This Ordinance shall take effect and be in full force from and after its passage, approval and publication or posting as required by law, which publication may be in pamphlet form, and shall remain in effect until further notice.
PASSED AND ADOPTED this 23rd day of April, 2020.
__________________________ ATTEST: __________________________
Chairperson Village Clerk
Effective date: May 8, 2020. See Neb. Rev. Stat. § 19-3701 (Supp. 2019).
