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§ 6-1457. City or village ordinance guidelines.

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   Pursuant to Neb. Rev. Stat. § 25‑2703, the State Court Administrator established the following guidelines to prescribe the form that city or village ordinances shall be filed in the county courts:

   (A) Initial Filing of City or Village Ordinances. City or village ordinances shall be compiled in either book or pamphlet form. The preferred format is a looseleaf book form. For municipal code books or pamphlets which have been adopted in their entirety by an adopting ordinance, such books or pamphlets shall be accompanied by a copy of the adopting ordinance with a certificate of the municipal clerk, under the seal of the municipality, certifying that such ordinance was passed and approved as required by law. For municipal code books or pamphlets containing a compilation of ordinances passed by the municipality, such books or pamphlets shall be accompanied with a certificate of the municipal clerk, under the seal of the municipality, certifying that such ordinances were passed and approved as required by law. Each municipal code book or pamphlet shall contain a date of publication and purport that it is being published by the authority of the city council or village board of trustees. Each municipal code book or pamphlet shall contain an index.

   (B) Filing of New or Amended Ordinances. Copies of new or amended ordinances may be filed in the county court in typewritten, printed, or page form. For municipalities filing new or amended ordinances in ordinance form, such ordinances shall be accompanied with a certificate of the municipal clerk, under the seal of the municipality, certifying the date that such ordinances were passed and approved. For municipalities filing new pages for insertion in their municipal codes, such pages shall be accompanied with a certificate of the municipal clerk, under the seal of the municipality, listing the ordinance numbers which effectuated the changes therein and certifying the dates that such ordinances were passed and approved. The county court shall insert the new pages or firmly affix all new or amended ordinances to the published version of the respective city or village ordinances.

   (C) Need for Record. The foregoing provisions do not in any way modify the rule of appellate practice that when an ordinance charging an offense is not properly made a part of the record on appeal, an appellate court presumes the existence of a valid ordinance creating the offense charged, and will not otherwise take judicial notice of an ordinance.

Rule 57 adopted May 1994. Renumbered and codified as § 6-1457, effective July 18, 2008.

Supreme Court Rules

This page was last modified on Monday, November 5, 2012