IN GENERAL

Omaha Municipal Code ch. 34, art. I

in effect

Omaha Municipal Code § 34-1 Official barricading standards and street obstruction.

Sec. 34-1. - Official barricading standards and street obstruction. The traffic engineer of the city is hereby authorized to establish the barricading standards, specifications, methods, and materials to be followed and used in barricading and protecting all construction and maintenance activities within the right-of-way of any public street and public way in the city to insure the safety of and protect workmen and the public. When such barricading standards, specifications, methods and materials have been approved by the public works director, adopted by resolution of the city council, and filed on record in the public works department, they shall be the official barricading standards, specifications, methods and materials of the city, and they shall be followed by all persons conducting any construction, excavation, or maintenance activities within the right-of-way of any public street or public way. All persons who are obstructing or occupying a street, alley or public sidewalk who do not have authorization to obstruct or occupy the street, alley, or public sidewalk due to authority specifically provided in chapter 34 of the Omaha Municipal Code, must secure a permit as is contemplated by article IV of chapter 43 of the Omaha Municipal Code. (Code 1980, § 34-1; Ord. No. 37157, § 1, 10-18-05; Ord. No. 43-54, § 5, 9-13-22)

Omaha Municipal Code § 34-2 Materials on streets; exposed excavations.

Sec. 34-2. - Materials on streets; exposed excavations. It shall be unlawful for any person to place or leave any pile of lumber, wood or other material or things upon any street in the city, or to excavate any lot or part of lot contiguous to any sidewalk and to leave the same open and exposed in such manner as to endanger the safety of persons passing along any street, avenue, alley or sidewalk; provided that no prohibition herein contained shall apply to the piling of building materials in the streets when the proper permit has been obtained and precautions observed as provided in the city's building code. Further, it shall be unlawful for any person or agency, other than police or fire authorities or the Nebraska Department of Roads, to close all or any part of a traffic lane on any street or alley without approval of the city traffic engineer. Emergency lane restrictions are exempted provided that the emergency meets the requirements in section 34-52 and a permit is obtained as provided herein. Short term lane restrictions for city or utility maintenance operations are also exempted. (Code 1980, § 34-2; Ord. No. 34464, § 1, 2-3-98)

Omaha Municipal Code § 34-3 Broken glass, nails and other sharp objects prohibited on streets.

Sec. 34-3. - Broken glass, nails and other sharp objects prohibited on streets. No person shall throw or place, or cause to be thrown or placed, upon any highway, any tacks, nails, wire, scrap metal, glass, crockery, sharp stones, or other substances injurious to the feet of persons or animals or to the tires or wheels of vehicles, including motor vehicles. Any person who has purposely, accidentally, or by reason of any accident dropped from his/her person, or any vehicle, any such substance upon the highway shall immediately make all reasonable efforts to clear such highway of the same. (Code 1980, § 34-3; Ord. No. 34464, § 1, 2-3-98)

Omaha Municipal Code § 34-4 Dirt, debris, water or ice prohibited on streets.

Sec. 34-4. - Dirt, debris, water or ice prohibited on streets. No person shall dump, deposit, cause to be deposited or dumped, wash or permit to be washed onto any street, boulevard or public place of this city, or upon the property of any other person, any dirt, earth, rock, clay, sand, shale, debris, rubbish or any other material. No person or company, other than the city fire department in the course of fire suppression activities, shall allow water to run onto a street, sidewalk or other public way from private property as the result of a car or truck wash activity when the air or pavement temperature is 35°F (Fahrenheit) 2°C (Celsius) or lower. Public utility companies are exempt from this provision when removing water from their underground facilities as needed to maintain service provided that all reasonable efforts are made to prevent ice build up on the street or alley pavement. Further, it shall be unlawful to direct roof down spouts onto alleys or sidewalks where it may create an ice problem. From November 1 to April 1 water leaks in the public right-of-way from water mains or private services that cause water or ice to run or accumulate on the traveled or walkway portion of streets, alleys or boulevards must be shut off by the Metropolitan Utilities District until repaired by the Metropolitan Utilities District or the property owner as follows: (a) On major streets within 24 hours following notice from the city. (b) On local streets within 72 hours following notice from the city. If the leak is not shut off within the specified time, the Metropolitan Utilities District shall be liable to the city for all costs associated with ice removal or ice control, after such time, including barricades and other traffic safety measures. Nothing contained in this section shall prevent anyone performing public work for the city in the grading of streets or making of improvements thereon from putting necessary materials at such places as may be prescribed by the specifications of his/her contract or as may be fixed by the director of public works. The county, in addition to any other penalty, may assess the cost of cleanup or removal of the material unlawfully dumped to the defendant. If the violation of this section involves the use of a motor vehicle to transport, dump or contribute to acts constituting the dumping, washing or unloading of the illegal material, the court may order the operator of such vehicle to forfeit his or her driving privilege for a period of up to six months and shall order that such person's license be suspended for a like period. (Code 1980, § 34-4; Ord. No. 33893, § 1, 5-21-96; Ord. No. 34464, § 1, 2-3-98)

Omaha Municipal Code § 34-5 Base line for establishment of grade.

Sec. 34-5. - Base line for establishment of grade. The base of survey for the establishment of grade for the city shall be the low-water mark as determined by the public works director on March 25, 1863, viz: 86.6 feet (26.4 m) below the door step at the south entrance to the court house in said city. The base of survey equals an elevation of 962.04 feet (293.23 m) above mean sea level as established by the United States Coast and Geodetic Survey. Every grade hereafter agreed upon for any street, alley or highway within said city shall be fixed and established by ordinance of the city council, adopted after the subject of such grade has been referred to a committee and a report made thereon accompanied by a profile from actual survey by the public works director, and all grades so fixed shall be duly established and recorded, with the profiles thereof, in a suitable book to be prepared and kept by the public works director and entitled the "Grade Book." (Code 1980, § 34-5; Ord. No. 34464, § 1, 2-3-98)

Omaha Municipal Code § 34-6 Standard types of pavement.

Sec. 34-6. - Standard types of pavement. The standard types of pavement enumerated in this section, exclusive of all other types, are hereby established and adopted as the standard types of pavement for the improving of all streets and alleys in the city and areas outside the city limits within three miles (4.828 km), hereinafter referenced as the zoning jurisdiction established by state statutes thereof. Whenever, after April 30, 1958, any street in the city and areas within the zoning jurisdiction established by state statutes thereof shall be improved by paving, one of the following standard types of pavement shall be used: (1) Portland cement concrete; (2) Asphaltic concrete surface with Portland cement concrete base; (3) Asphaltic concrete surface with flexible base when specifically approved in writing by the public works director. Alternate bids need not be requested for a type of pavement specified in this section if, in the opinion of the public works director, such type of pavement does not adequately meet requirements based on an engineering analysis of foundation conditions, the character of traffic and other contributing factors considered in good engineering judgment to be best suited to the existing conditions with resultant overall economy. Whenever, any alley in the city zoning jurisdiction established by state statutes thereof shall be improved by paving, Portland cement concrete pavement shall be used. For the purpose of this section, the maintenance of existing pavement surfaces by repairing, resurfacing, sealing or re-sealing shall not be construed as paving; provided that no person shall resurface any such existing pavement surface within the city zoning jurisdiction established by state statutes thereof unless he/she shall first obtain the express permission of the city council upon the recommendation of the public works director. (Code 1980, § 34-6; Ord. No. 34464, § 1, 2-3-98)

Omaha Municipal Code § 34-7 Official design criteria and specifications for pavement.

Sec. 34-7. - Official design criteria and specifications for pavement. The public works director shall establish design criteria and specifications governing the thickness, design and construction of all types of pavement designated in section 34-6 hereof, and, when such design criteria and specifications have been adopted by resolution of the city council, and filed on record in the public works department, they shall be the official design criteria and specifications of the city. (Code 1980, § 34-7)

Omaha Municipal Code § 34-8 Penalty; removal of nonstandard paving.

Sec. 34-8. - Penalty; removal of nonstandard paving. Any person who violates, neglects or refuses to comply with or who resists or opposes the enforcement of any of the provisions of this article shall, upon conviction, be punished as provided in section 1-10 of this Code. Every such person shall be deemed guilty of a separate offense for every day on which such violation, neglect, or refusal shall continue. The director of public works is hereby authorized and it shall be his/her duty to order the removal of or to remove any paving that does not conform to the standards enumerated in section 34-6, whether for improving, constructing, paving or for repairing street excavations. The costs of such removal and replacement shall be borne by the person who installed such nonstandard pavement and the city shall have the right of action in the proper court of jurisdiction to recover such costs. (Code 1980, § 34-8; Ord. No. 34464, § 1, 2-3-98)

Omaha Municipal Code § 34-9 Reserved.

Source: City of Omaha, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/ne/omaha/codes/code_of_ordinances?nodeId=PTIIMUCO_CH34STOTPUWA_ARTIINGEFetched: 10/28/2026