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  3. DUT-NE-013

Ex. DUT-NE-013 Standing duty Confirmed from a secondary source

Health Director's power to close or restrict access to any business; penalty for violating a Directed Health Measure

City of Lincoln (Lincoln Municipal Code ch. 8.18) as recited by the Lincoln-Lancaster County Health Department · Lincoln and Lancaster County, Nebraska (City)

The COVID Project

The record

Jurisdiction
Lincoln and Lancaster County, Nebraska · Nebraska
Level
City
Authority
Neb. Rev. Stat. §§ 71-501 and 71-1630(4); Lincoln Municipal Code ch. 8.18; Lancaster County Resolution No. R-07-0035
Issued
2020-07-17 July 17, 2020
Effective
standing (read as 2020-07-17)
End
standing (read as 2021-09-30)
In force
Standing since July 17, 2020 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureStanding duty
Addressees
  • owners or persons in control of premises; persons generally within Lincoln
Character
order penalty
Collection
Standing duties: Nebraska DUT-NE

Operative words

the Health Director may order the closure of, or restrict access to, any business, office, healthcare facility, school, or government agency or department for the purpose of controlling the spread of disease... Pursuant to LMC § 8.18.170, any person who is found to have violated any provision of this Order within the City of Lincoln shall be guilty of a City Misdemeanor

Penalty

City Misdemeanor: fine up to $500, or up to six months in the county jail, or both; each day a separate offense (LMC § 8.18.170 as recited)

What it required

Standing municipal authority to close or restrict access to any business to control disease, and a standing municipal offense for violating a Directed Health Measure; the DHM adds that 'the City or County Attorney may institute injunctive or other appropriate civil proceedings necessary to obtain compliance or to abate any nuisance resulting from violations of this Order'.

Retrieval note

Graded verified_secondary because the code sections were read only as recited in the Health Department's own order (a governmental document), not in the code itself; the recital is verbatim from the saved NE-079 text. No archived copy of LMC ch. 8.18 was found in the Wayback CDX index.