City clones Lincoln law on entering cars

Tuesday, December 18, 2018

McCOOK, Neb. — Based on a similar law in Lincoln, Neb., the McCook City Council ratified on its first reading an ordinance that makes it a crime to enter a person’s car without consent.

Although there are laws applying to theft, there is a gap in state statute regarding individuals going into another person’s vehicle without the owner’s permission, McCook City Police Chief Ike Brown said at the regular McCook City Council meeting Monday night. People are shocked to hear this, he continued, relating how there have been several instances when officers have spotted people in cars and days later, owners have reported items stolen. It would be helpful for officers to be able to intervene before a theft occurs.

The new ordinance is patterned after one in Lincoln, Brown said and allows officers to become proactive rather than reactive. The crime would be classified a Class I misdemeanor.

Councilman Jared Muehlenkamp asked about people who inadvertently enter someone’s car by mistake and Brown said officers would use common sense and discretion about enforcing the law. “An elderly person going into the wrong car..that wouldn’t apply,” he said.

Councilor Janet Hepp asked if the ordinance could be approved on its first reading, instead of going through the standard three readings, and the rest of the council agreed. The motion was amended and unanimously approved to ratify the ordinance on its first reading.

The ordinance as approved Monday night amends Chapter 130 of city code, “General Offenses/Offenses Against Property,” with Section 130.02, “Unauthorized Entry into Motor Vehicle.”

Also on Monday night, the council unanimously approved the request from the 2018-2019 Southwest Nebraska Leadership Institute class to waive rental fees for use of the City Auditorium for their project, Southwest Community Links Activities Fair, on Thursday, Feb. 28, 2018. Community Betterment funds would be used as payment for waived rental fees.

Holly Olson told the council that the fair would be free to the public and consist of non-profit organizations or service groups, giving people a personal resource of what’s available and how to get involved. The goal is to attract and retain residents through increased community connections, she said. There would be no charge to the non-profit groups or organizations that want to participate. The fair would be from 4 to 8 p.m.

Respond to this story

Posting a comment requires free registration: