State Codes and Statutes

Statutes > Nebraska > Chapter23 > 23-192

23-192. Ordinance; territorial application;copy provided to clerk of city and village within county; effective date;change of jurisdiction; effect.(1) No ordinance adopted pursuant to sections 23-187 to 23-193 shall be effective within the corporate boundaries of any incorporatedcity or village located in whole or in part within the county. No ordinanceadopted pursuant to sections 23-187 to 23-193 shall be effective within thearea outside of the corporate boundaries of any city or village in which suchcity or village has been granted and is exercising powers by ordinance ona similar subject matter. Every county ordinance adopted pursuant to sections 23-187 to 23-193 shall include one section defining the area of the countywithin which the county ordinance is effective. The ordinance shall be amendedto reflect any changes in the area of the county's jurisdiction resultingfrom (a) annexation by a city or village, (b) action by a city or villageto adopt an ordinance regarding similar subject matter to that of the countyordinance if the city or village ordinance is to be effective in areas beyondits corporate boundary, or (c) any changes in the area of jurisdiction ofthe city or village regarding such city or village ordinance. (2) Before acounty adopts an ordinance under sections 23-187 to 23-193, the county clerkshall provide a copy of the text of the ordinance to the clerk of each cityand village within the county no later than seven days after the first readingof the ordinance or the public hearing on the ordinance, whichever occursfirst. Within seven days after receiving a copy of the ordinance, the cityor village shall respond to the county and provide a copy of any ordinancespecifying where the city or village is enforcing an ordinance on similarsubject matter outside its corporate boundaries. Any ordinance adopted bythe county shall not be effective in the area in which the city or villageis exercising jurisdiction. Prior to the adoption of the county ordinance,the section of the ordinance that defines the area of county jurisdictionshall be amended to show the removal of the area of the jurisdiction of suchcity or village as indicated in the city or village ordinance provided tothe county from the description of the area within which the county ordinancewill be effective. An ordinance adopted under sections 23-187 to 23-193 shallnot be effective until fifteen days after its adoption.(3) Any cityor village located in whole or in part within a county that has adopted anordinance pursuant to sections 23-187 to 23-193 which (a) annexes any territory,(b) adopts an ordinance on similar subject matter to that of the county ordinanceand extends the jurisdiction of the city or village under such ordinance toareas beyond its corporate boundaries, or (c) changes the area beyond thecorporate boundaries of the city or village within which the city or villageexercises jurisdiction by ordinance on similar subject matter to that of thecounty ordinance shall provide to the county clerk a copy of the ordinanceestablishing and delineating its jurisdiction or any change to that jurisdictionwithin seven days after the adoption of the relevant city or village ordinance.Upon the effective date of the city or village ordinance, the county ordinanceshall cease to be effective within the area in which the city or village hasassumed jurisdiction. The county board shall promptly amend its ordinanceto reflect the change in the area within which the county ordinance is effective. SourceLaws 2009, LB532, § 6.