11/03/2015 - Laserfiche WebLink

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Chairman Arnold called for a 5 minute break. 11:36 a.m. held a break 11:41 a.m. PUBLIC HEARING ON PROPOSED NEW COUNTY ORDINANCE GOVERNING PUBLIC NUDITY AND LEWD AND LASCIVIOUS BEHAVIOR The County Board returned to the public hearing. Mr. Valentino stated that the exhibits that he did not receive any of the exhibits that Mr. Spencer provided to the board, normally thee is an exchange of evidence and Mr. Valentino has not seen these affidavits. Lancaster questioned Mr. Spencer's license to practice law. Mr. Valentino stated that he has permission to practice regarding the United States District Court in Nebraska. This is an administrative hearing but he is not liensed to practice law in the state of Nebraska. Mr. Spencer appeared representing himself as a person at this public hearing. Lanfear stated we listened to a lawyer that tried to instill distrust in our attorney and why wouldn't you trust an attorney with Mr. Valentino's reputation. Mr. Valentino stated that the Nebraska Legislature did not create the ability for counties to exercise authority until 2009. Now the counties can approve an ordinance and enforce it. Hall County could not do anything about the Edge because there was no authority but that has changed the legislature recognized that counties could not. He stated that when you talk about public nudity there are special effects studies that the county is aware of and none of those cases have been over ruled and this enables the county to enforce regulations. There has been litigation in the 8th circuit court by Ways vs. the city of Lincoln and this has been interpreted and upheld. They have the exact same type of ordinance and it gives the sheriff the ability to write people a ticket for public nudity and gives law enforcement more tools when they have to deal with crowd control. According to Nebraska Statute 23-190 the ordinance is to be read three times and it has been read once. The county can make a motion to suspend further readings. 8) CONSIDERATION OF WHETHER TO SUSPEND FURTHER READINGS OF PROPOSED NEW COUNTY ORDINANCE GOVERNING PUBLIC NUDITY AND LEWD AND LASCIVIOUS BEHAVIOR, AS PERMITTED BY NEB. REV. STAT. §23-190. Lancaster made a motion and Richardson seconded concerning the proposed ordinance governing public nudity and lewd or lascivious behavior, to suspend the requirement of reading by title two additional times on two different days, as permitted by Neb. Rev. Stat. §23-190. Mr. Valentino stated that there are 4 or 5 other counties that have received phone calls on this zoning and the lewd and lascivious behavior and nudity. They do not have current regulations and this is a process and it has to be reviewed. The vote on the motion to suspend the reading was taken. Arnold, Lancaster, Lanfear, Purdy, Quandt, Richardson and Schuppan all voted yes and none voted no. Motion carried. 20