§ 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 incorporated
city or village located in whole or in part within the county. No ordinance
adopted pursuant to sections 23-187 to 23-193 shall be effective within the
area outside of the corporate boundaries of any city or village in which such
city or village has been granted and is exercising powers by ordinance on
a similar subject matter. Every county ordinance adopted pursuant to sections 23-187 to 23-193 shall include one section defining the area of the county
within which the county ordinance is effective. The ordinance shall be amended
to reflect any changes in the area of the county's jurisdiction resulting
from (a) annexation by a city or village, (b) action by a city or village
to adopt an ordinance regarding similar subject matter to that of the county
ordinance if the city or village ordinance is to be effective in areas beyond
its corporate boundary, or (c) any changes in the area of jurisdiction of
the city or village regarding such city or village ordinance.
(2) Before a
county adopts an ordinance under sections 23-187 to 23-193 , the county clerk
shall provide a copy of the text of the ordinance to the clerk of each city
and village within the county no later than seven days after the first reading
of the ordinance or the public hearing on the ordinance, whichever occurs
first. Within seven days after receiving a copy of the ordinance, the city
or village shall respond to the county and provide a copy of any ordinance
specifying where the city or village is enforcing an ordinance on similar
subject matter outside its corporate boundaries. Any ordinance adopted by
the county shall not be effective in the area in which the city or village
is exercising jurisdiction. Prior to the adoption of the county ordinance,
the section of the ordinance that defines the area of county jurisdiction
shall be amended to show the removal of the area of the jurisdiction of such
city or village as indicated in the city or village ordinance provided to
the county from the description of the area within which the county ordinance
will be effective. An ordinance adopted under sections 23-187 to 23-193 shall
not be effective until fifteen days after its adoption.
(3) Any city
or village located in whole or in part within a county that has adopted an
ordinance 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 ordinance
and extends the jurisdiction of the city or village under such ordinance to
areas beyond its corporate boundaries, or (c) changes the area beyond the
corporate boundaries of the city or village within which the city or village
exercises jurisdiction by ordinance on similar subject matter to that of the
county ordinance shall provide to the county clerk a copy of the ordinance
establishing and delineating its jurisdiction or any change to that jurisdiction
within seven days after the adoption of the relevant city or village ordinance.
Upon the effective date of the city or village ordinance, the county ordinance
shall cease to be effective within the area in which the city or village has
assumed jurisdiction. The county board shall promptly amend its ordinance
to reflect the change in the area within which the county ordinance is effective.

Legislative History

Source: Laws 2009, LB532, § 6.