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09/22/2015
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09/22/2015
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Vince Valentino stated that there are some changes regarding the actual ordinances. He noted <br /> the copies and the red strike outs showing the change. He stated that in 2009 the Nebraska <br /> State Legislature authorized counties to adopt ordinances and attach penalties and in 2013 and <br /> 2015 they have added more regulations. The legislature listened to the county's concerns that <br /> they did not have any way to do this and they have made changes. <br /> The proposed ordinance that is to be adopted addresses certain technical amendments. State <br /> Statute Section 23 184 Part G authorizes counties to adopt ordinances on nudity and also lewd <br /> and lascivious behavior. A separate part of the statute says the title has to encompass the of <br /> the body of the ordinance. Scott Bergthold and Mr. Valentino and Brandy Johnson felt it would <br /> be wise to add lewd and lascivious behavior to the ordinance before it is adopted. This <br /> incorporates what will be passed in the zoning resolution by the planning commission. The <br /> ordinance has to be published and set for public hearing. <br /> Mr. Bergthold also made them aware of a case from June 18, 2014 that involved permanent <br /> signage vs temporary signage. This case involved churches that did not have a permanent <br /> location, they could post a sign the day before with information regarding the service but the <br /> signs had to be removed 1 hour after the service. The zoning administrator would attempt to <br /> issue a citation if the signs were not removed promptly. This case went to the US Supreme <br /> Court and instead of intermediate scrutiny they used strict scrutiny regulations to render a <br /> decision. Mr. Bergthold receives weekly and monthly updates on these first amendment cases <br /> and felt that is was necessary to make these tweaks to the ordinance. <br /> This is not a motion for the adoption but a motion to accept the recommendation for the <br /> changes and direct the county clerk to re-publish the ordinance and set the public hearing for <br /> October 20, 2015. <br /> Chairman Arnold called for public participation and no one responded. <br /> Quandt made a motion and Richardson seconded to close the public hearing. Arnold, <br /> Lancaster, Lanfear, Purdy, Quandt, Richardson and Schuppan all voted yes and none voted no. <br /> Motion carried. <br /> Lancaster made a motion and Quandt seconded to accept legal counsels recommendation on <br /> the proposed ordinance that was published 9/4 and 9/11 to correct typographical errors and to <br /> update the title and to correct the content to include the reference to lewd and lascivious <br /> behavior and to direct the county clerk to re-publish the notice for the public hearing to be held <br /> October 20, 2015 at 10:30 a.m. Arnold, Lancaster, Lanfear, Purdy, Quandt, Richardson and <br /> Schuppan all voted yes and none voted no. Motion carried. <br /> Gary asked what other states do regarding this issue and Mr. Valentino stated every city and <br /> village have regulatory powers. There are three cases that have gone the Nebraska Circuit <br /> Courts and you can look at those cases and what they stand for. It also depends on what <br /> circuit court you are in and what is done. We know what has been done in these cases and Mr. <br /> Berthold has recommended tweaking the regulations. He also watches the <br /> Supreme Court decisions regarding First Amendment issue. <br /> COUNTY ATTORNEY—County Attorney Jack Zitterkopf stated that he did not have any items <br /> on the agenda. <br /> 4 <br />
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